Local and special acts and resolutions of the General Assembly of the state of Georgia 1997 [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 19970000 English

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1997 19970000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE Volume Two

GEORGIA LAWS 1997 TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 Proposed Amendments to the Constitution 1713 VOLUME TWO Acts and Resolutions of Local Application 3501 County and Consolidated Government Home Rule Actions 4623 Municipal Home Rule Actions 4717 VOLUME THREE Acts by NumbersPage References I Bills and ResolutionsAct Number References VII Appellate CourtsPersonnel XIV Superior CourtsPersonnel and Calendars XV IndexTabular XXVI IndexGeneral LXIII Population of Georgia CountiesAlphabetically CXXVII Population of Georgia CountiesNumerically CXXXIII Population of Municipalities CXXXV Population of Judicial Circuits CXLVI Georgia Senate Districts, Alphabetically by County CXLIX Georgia Senators, Alphabetically by Name CLI Georgia Senators, Numerically by District CLIV Georgia House Districts, Alphabetically by County CLVII Georgia Representatives, Alphabetically by Name CLIX Georgia Representatives, Numerically by District CLXVI Status of Referendum Elections CLXXIII Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at the 1996 General Election CCCXXIII Vetoes by the Governor CCCXXVI

COMPILER'S NOTE General Acts and Resolutions of the 1997 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 1711. Local and Special Acts and Resolutions will be found in Volume II beginning at page 3501. Home rule actions by counties and consolidated governments and by municipalities filed in the Office of the Secretary of State between March 11, 1996, and April 18, 1997, are printed in Volume II beginning at pages 4623 and 4717, respectively. There are no numbered pages between page 1717, 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 proclamation on ratification or rejection of Constitutional amendments at the 1996 general election; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tubular 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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DEKALB COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 2 (House Bill No. 61). AN ACT To provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) For purposes of this Act, the terms used in this Act shall have the same meaning as such terms are defined in Article 2A of Chapter 8 of Title 48, the Homestead Option Sales and Use Tax Act, as amended. (b) Each resident of DeKalb County is granted an additional exemption on that person's homestead from all DeKalb County ad valorem taxes for county purposes in an amount authorized by and calculated pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, for the immediately preceding taxable year as determined by the tax commissioner of DeKalb County. This homestead exemption shall commence on January 1 of the year immediately following the first complete calendar year in which the sales and use tax was levied under Article 2A. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. (c) The tax commissioner of DeKalb County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. 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 DeKalb County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. Any person who, as of January 1, 1998, has applied for and is eligible for the $10,000.00

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homestead exemption from DeKalb County and DeKalb County School District ad valorem taxes provided by a local constitutional amendment found at Ga. L. 1982, p. 2657, shall be eligible for the exemption granted under this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. (e) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or DeKalb County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in addition to any other homestead exemption applicable to DeKalb County ad valorem taxes for county purposes. (f) The exemption granted by this Act shall only become effective if the electors of the special district the boundary of which is conterminous with DeKalb County approve the imposition of a local option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, at a special election conducted on the same date as the election provided for under Section 2 of this Act. (g) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year specified by subsection (b) of this section. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of DeKalb County for approval or rejection. The election superintendent shall conduct that special election as soon as reasonably practicable on a date authorized under subparagraph (c) (1) (A) of Code Section 21-2-540 of the O.C.G.A., but in no event shall such special election be conducted later than the Tuesday after the first Monday in November, 1997. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for certain residents of DeKalb County an additional homestead exemption of up to 100 percent from county ad valorem taxes for county purposes as determined from the proceeds generated from the collection of a retail homestead option sales and use tax? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect

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immediately and shall be applicable to all taxable years specified by subsection (b) of Section 1. If Section 1 of this Act is not so approved, if the election is not conducted as provided in this section, or if the condition specified in subsection (f) of Section 1 of this Act is not met, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on December 31, 1997. The expense of such election shall be borne by DeKalb County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Section 2, this section, and Section 4 of this Act shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval; provided, however, that unless a bill amending Article 2A of Chapter 8 of Title 48 of the O.C.G.A., relating to the homestead option sales and use tax, so as to provide for an exception with respect to certain local Act effective date limitations is passed, becomes law, and becomes effective prior to the approval of this Act by the Governor, this Act shall be void and shall be automatically repealed on December 31, 1997. Section 1 of this Act shall only become effective under the conditions specified 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 INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption for certain residents of DeKalb County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of certain local sales and use taxes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. This 26th day of December, 1996. Tom Sherrill House District 62 Bart Ladd House District 59
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Sherrill, who on oath deposes and says that he is the Representative from the 62nd District, and further deposes and says as follows: (1) That the attached 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 9, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOM SHERRILL Representative, 62nd District Sworn to and subscribed before me, this 10th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved January 28, 1997. UNION COUNTY PROBATE COURT JUDGE TO SERVE AS CHIEF MAGISTRATE OF MAGISTRATE COURT; COMPENSATION. No. 8 (House Bill No. 323). AN ACT To provide that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County; to provide for transition; to provide for compensation; to repeal a specific Act; 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. (a) The judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County. (b) The judge of the Probate Court of Union County shall receive the compensation provided by law for that officer and shall not receive additional compensation for serving as chief magistrate of Union County except only to the extent that any additional compensation may be specifically required or authorized by the general laws of this state. (c) If on the effective date specified in Section 3 of this Act there is in office a chief magistrate other than the probate judge and such chief magistrate is serving a fixed term of office, then such chief magistrate shall serve out the term for which appointed and this Act shall become fully effective upon the expiration of such term. However, if on the effective date of this Act there is no chief magistrate so serving a fixed term of office, then this Act shall become fully effective on the date specified in Section 3 of this Act. SECTION 2. The following Act is repealed in its entirety: an Act providing for the appointment of the chief magistrate of the Magistrate Court of Union County by the judges of the Superior Courts of the Enotah Judicial Circuit, approved April 9, 1996 (Ga. L. 1996, p. 4353). 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 1997 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 December, 1996. David E. Barrett, Judge, Superior Court
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Enotah Judicial Circuit Hugh W. Stone, Judge, Superior Court Enotah Judicial Circuit 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 the Representative from the 8th District, and further deposes and says as follows: (1) That the attached 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: January 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ RALPH TWIGGS Representative, 8th District Sworn to and subscribed before me, this 27th day of January, 1997. s/ Teresa Adkins Notary Public, Clayton, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved February 25, 1997.

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GAINESVILLE-HALL COUNTY TASK FORCE ON GOVERNMENTAL UNIFICATION EXTENSION. No. 3 (Senate Resolution No. 43). A RESOLUTION To extend the life of and change the reporting date for the Gainesville-Hall County Task Force on Governmental Unification created by SR 578 in 1996; and for other purposes. WHEREAS, the Gainesville-Hall County Task Force on Governmental Unification was created by SR 578 in 1996, and they were to have reported their findings no later than January 31, 1997, and to have been abolished on that same date; and WHEREAS, the Gainesville-Hall County Task Force on Governmental Unification has found that it is unable to prepare a thorough report by such date and it is advisable to extend the life of the task force and the date by which they must prepare their report. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Gainesville-Hall County Task Force on Governmental Unification should issue a report of its findings by June 30, 1997, but in no event later than August 31, 1997, to the governing authorities of Hall County and the cities within Hall County. The task force shall be abolished on the date it issues its report. BE IT FURTHER RESOLVED that all remaining provisions of SR 578 shall remain in full force and effect, except as modified herein. Approved February 25, 1997. GWINNETT COUNTY AND CITY OF BUFORD INDEPENDENT SCHOOL DISTRICTS SALES AND USE TAX REVENUES. No. 9 (House Bill No. 279). AN ACT To provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution between the Gwinnett County school district and the City of Buford independent school district, or portion thereof, located in Gwinnett County; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution

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shall be distributed between the Gwinnett County school district and the City of Buford independent school district, or portion thereof, located in Gwinnett County as follows: (1) $247,500.00 per month for a period of sixty (60) months to the City of Buford independent school district; and (2) All other sums, after first paying such sum under paragraph (1) of this section, to the Gwinnett County school district. SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV (g) of the Constitution. SECTION 3. This Act shall become effective on July 1, 1997; provided, however, that unless a referendum for the approval of the sales and use tax for educational purposes is conducted on March 18, 1997, in the Gwinnett County school district and that portion of the City of Buford independent school system located in Gwinnett County and is approved by more than one-half of the votes cast on such question, this Act shall be void and shall be automatically repealed on July 1, 1997. SECTION 4. 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 1997 session of the General Assembly of Georgia local legislation to provide an alternate method pursuant to Act 110, House Resolution Number 726, Section 1(g), approved April 15, 1996, and ratified by a majority of the voters of the State of Georgia at the November 5, 1996 statewide General Election for the net proceeds of the sales tax for education purposes to be distributed between the Gwinnett County School District and the City of Buford Independent School District, or portion thereof, located in Gwinnett County in accordance with O.C.G.A. Sections 28-1-14(b) (1) a copy of the Notice of The Intention To Introduce Local Legislation required by O.C.G.A. Section 28-1-14(a) is being mailed, transmitted by facsimile or otherwise provided to the governing authorities of Gwinnett County Board of Education of Gwinnett County, City of Buford, a Georgia Municipal Corporation and the Board of Education of the City of Buford during the calendar week in which such notice is published.

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This 10th day of January, 1997. CHANDLER AND BRITT ATTORNEYS FOR THE CITY OF BUFORD, A GEORGIA MUNICIPAL CORPORATION and BOARD OF EDUCATION OF THE CITY OF BUFORD 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 the Representative from the 80th District, and further deposes and says as follows: (1) That the attached 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: January 10, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BROOKS P. COLEMAN Representative, 80th District Sworn to and subscribed before me, this 17th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 3, 1997.

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STEPHENS COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 12 (House Bill No. 411). AN ACT To provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of 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 Stephens County, excluding taxes to retire county 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 gross income, as defined by Georgia law, from all sources. SECTION 2. (a) Each resident of Stephens County is granted an exemption on that person's homestead from all Stephens County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of that homestead if that person's income, together with the income of all members of the family residing within the homestead, does not exceed $15,000.00 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 Stephens County giving the amount of income which that person and all members of the family residing within the homestead received during the last taxable year and such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to

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determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Stephens County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Stephens County ad valorem taxes for county purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Stephens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Stephens County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in March, 1997, 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 Stephens 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 Stephens County ad valorem taxes for county purposes for that county in the amount of $4,000.00 of the assessed value of the homestead for residents of that county whose house-hold income does not exceed $15,000.00?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1998. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 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 Stephens County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia legislation to increase the homestead exemption for certain elderly and low income citizens of Stephens County. This 15th day of January, 1997. Jeanette Jamieson, Representative, 22nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Chieftain Toccoa Record, which is the official organ of Stephens County, on the following date: January 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

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A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidate government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MARY JEANETTE JAMIESON Representative, 22nd District Sworn to and subscribed before me, this 28th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 17, 1997. STEPHENS COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 13 (House Bill No. 412). AN ACT To provide a homestead exemption from certain Stephens County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of 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:

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(1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by, for, or on behalf of Stephens County, including, but not limited to, taxes to retire county bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Senior citizen means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of Stephens County who is a senior citizen is granted an exemption on that person's homestead from all Stephens County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of that homestead. 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 Stephens County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Stephens 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, 1997, has applied for and is eligible for the $8,000.00 homestead exemption from Stephens County ad valorem taxes for county purposes pursuant to a local constitutional amendment (Ga. L. 1978, p. 2440), 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.

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SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Stephens County ad valorem taxes for county purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Stephens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Stephens County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in March, 1997, 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 Stephens 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 Stephens County ad valorem taxes for county purposes for that county in the amount of $12,000.00 of the assessed value of homesteads for residents of that county who are 65 years of age or older? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1998. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 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 Stephens Country. It shall be the superintendent's duty to certify the result thereof to the Sectary of State.

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SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia legislation to increase the homestead exemption for certain elderly and low income citizens of Stephens County. This 15th day of January, 1997. Jeanette Jamieson, Representative, 22nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Chieftain Toccoa Record, which is the official organ of Stephens County, on the following date: January 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ MARY JEANETTE JAMIESON Representative, 22nd District Sworn to and subscribed before me, this 28th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 17, 1997. CITY OF NORCROSS FORM OF GOVERNMENT. No. 14 (House Bill No. 403). 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, so as to change a definition; to change certain provisions regarding rules of procedure; to provide for committee appointments; to change the form of government from a city manager-council form of government to a mayor-council form of government; to repeal certain provisions relating to the city manager and acting city manager; to repeal certain provisions relating to council interference with administration; to change certain provisions regarding the mayor and mayor pro tempore; to change certain provisions regarding administrative and service departments; to change certain provisions regarding position classification and pay plans; to change certain provisions regarding collection of delinquent taxes and fees; to change certain provisions relating to operating budgets; to change certain provisions relating to capital improvements budgets; to change certain provisions relating to sale of city property; to provide for related matters; to provide for a special election and effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, is amended by striking paragraph (1) of subsection (c) of Section 1.13, which reads as follows: (1) `Appointed officer' where used herein shall mean all administrative officers, including the city clerk, city treasurer, city attorney, city

Page 3518

accountant, city engineer and city manager. Such term shall not include members of boards, commissions, or authorities., and inserting in its place a new paragraph (1) to read as follows: (1) `Appointed officer' where used in this charter shall mean all administrative officers, including the city clerk, city treasurer, city attorney, city accountant, and city engineer. It shall not include members of boards, commissions, or authorities. SECTION 2. Said Act is further amended by striking Section 2.20, which reads as follows: SECTION 2.20. Rules of procedure. Unless otherwise provided by ordinance, rules of procedure for meetings of the city council shall follow Robert's Rules of Order. The city council shall provide for keeping a journal of its proceedings which shall be a public record. and inserting in its place a new Section 2.20 to read as follows: SECTION 2.20. Rules of procedure. (a) Unless otherwise provided by ordinance, rules of procedure for meetings of the city council shall follow Robert's Rules of Order. The city council shall provide for keeping a journal of its proceedings which shall be a public record. (b) All committees and committee chairpersons of the city council shall be appointed by the mayor and confirmed by the city council and shall serve at the pleasure of the mayor and city council. Following the procedures described in this charter, the mayor and city council shall have the power to appoint a new member to any committee at any time. SECTION 3. Said Act is further amended by striking Sections 2.27 through 2.33 which read as follows: SECTION 2.27. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix his compensation. The city manager shall be appointed solely on the basis of his executive and administrative qualifications.

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SECTION 2.28. Acting city manager. By letter filed with the city clerk, the city manager shall designate, subject to approval of the city council, a qualified city administrative officer to exercise the powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or his disability shall cease. SECTION 2.29. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. He shall be responsible to the city council for the administration of all city affairs placed in his charge by or under this charter. He shall have the following powers and duties: (1) He shall appoint and, when he deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (2) He shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) He shall attend all city council meetings and shall have the right to take part in discussions, but he may not vote; (4) He shall see that all laws, provisions of this charter, and acts of the city council subject to enforcement by him or by officers subject to his direction and supervision are faithfully executed; (5) He shall prepare and submit the annual operating budget and capital budget to the city council; (6) He shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) He shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to his direction and supervision; (8) He shall keep the city council fully advised as to the financial condition and future needs of the city and make such recommendations

Page 3520

to the city council concerning the affairs of the city as he deems desirable; and (9) He shall perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.30. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager and neither the city council nor its members shall give orders to any such officer or employee either publicly or privately. SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesman for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign, as a matter of course on behalf of the city, all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Except as otherwise specifically provided herein, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; (6) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember; and (7) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish. SECTION 2.33. Mayor pro tem. During the absence or disability of the mayor for any cause, the mayor pro tem or, in his absence or disability for any reason, any one of the councilmembers chosen by a majority vote of the city council, shall be clothed with all the rights and privileges of the mayor and shall perform

Page 3521

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. and inserting in their place new Sections 2.27 through 2.29 to read as follows: SECTION 2.27. Mayor pro tempore. During the absence or disability of the mayor for any cause, the mayor pro tempore or, in in such mayor pro tempore'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. SECTION 2.28. Powers and duties of mayor. The mayor shall be the chief executive official of the city and chief advocate of policy. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official 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) Except as otherwise specifically provided in this charter, vote only in case of a tie on matters before the city council and be counted toward a quorum as any other councilmember; (6) In conjunction with department heads, prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) At least three days prior to a regular meeting, prepare or have prepared the agenda for the meeting which shall include all business submitted by the mayor or any councilmember; and (8) Fulfill such other executive and administrative duties imposed by this charter or as the city council shall by ordinance establish.

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SECTION 2.29. Selection of 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 serve at the pleasure of the city council, shall continue to vote, and shall otherwise participate as a councilmember. SECTION 4. Said Act is further amended by striking Section 3.10 which reads as follows: SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor may recommend, and the city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of the city. The mayor shall recommend, and the city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. There shall be a department head of each department who shall be its principal officer. Each department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of his department. (c) Except as otherwise provided by this charter, 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. (d) Except as otherwise provided by law, the department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and department heads shall receive such compensation as prescribed by ordinance of the city council.

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(f) All department heads under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the city council. The city manager may suspend or remove department heads under his supervision, but such shall not be effective for 30 calendar days following the city manager giving written notice of such action and the reasons therefor to the department head involved and to the city council. The department head involved may appeal to the city council which, after a hearing, may override the city manager's action by a vote of three councilmembers., and inserting in its place a new Section 3.10 to read as follows: SECTION 3.10. Administrative and service departments. (a) The mayor and city council by ordinance may establish, abolish, merge, or consolidate offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of the city. The mayor shall recommend and the city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies created or established by this charter; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance. There shall be a department head of each department who shall be its principal officer. Each department head shall, subject to the direction and supervision of the mayor and city council, be responsible for the administration and direction of the affairs and operations of his or her department. (c) Except as otherwise provided by this charter, the department heads and other appointed officers of the city shall serve at the pleasure of the mayor and city council. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and department heads shall receive such compensation as prescribed by ordinance of the city council.

Page 3524

SECTION 5. Said Act is further amended by striking Section 3.17 which reads as follows: SECTION 3.17. Position classification and pay plants. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employees, except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city employees. However, nothing contained herein shall prevent the city clerk from holding an employed position with the city., and inserting in its place a new Section 3.17 to read as follows: SECTION 3.17. Position classification and pay plans. The mayor and city council shall be responsible for the preparation of a position classification and pay plan. Said plan may apply to all employees of the City of Norcross, Georgia, and any of its agencies and offices. When a pay plan has been adopted, the city council shall not increase or decrease the grade or step categories of individual employees except by amendment of said pay plan. For the purposes of this section, all elected and appointed city officers are not city employees. However, nothing contained in this section shall prevent the city clerk from holding an employed position with the city. SECTION 6. Said Act is further amended by striking Section 6.19 which reads as follows: 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

Page 3525

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., and inserting in its place a new Section 6.19 to read as follows: 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 any police officer of the city or the city marshal under the same procedure provided by the law governing execution of such process from 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 cases of hardship, the city council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, assessments, or on other amounts due to the city. SECTION 7. Said Act is further amended by striking Section 6.26 which reads as follows: SECTION 6.26. Submission of the operating budget to the city council. On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall prepare and submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as he may deem pertinent. The operating budget, the capital improvements budget

Page 3526

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., and inserting in its place a new Section 6.26 to read as follows: SECTION 6.26. Submission of the operating budget to the city council. On or before a date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor in conjunction with all department heads of the city shall prepare and submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget, the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the General Government Administration Department and shall be open to public inspection. SECTION 8. Said Act is further amended by striking Section 6.27 which reads as follows: SECTION 6.27. Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing year not later than the last day of the old year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document.

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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 item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable, unless authorized by the city council. (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness., and inserting in its place a new Section 6.27 to read as follows: SECTION 6.27. Action by city council on operating budget. (a) The city council may amend the proposed operating budget, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing year not later than the last day of the old year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotments thereof, to which it is chargeable, unless authorized by the city council. (d) The city council shall be authorized to establish a tax millage rate each year to ensure that the necessary revenue will be available to meet the appropriations provided for in said budget. The tax millage rate levied by the city council shall not exceed 15 mills to cover general

Page 3528

operating expenses. An additional millage rate may be levied for the retirement of bonded indebtedness. SECTION 9. Said Act is further amended by striking Section 6.29 which reads as follows: SECTION 6.29. Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the city manager shall prepare and submit to the city council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor or any member of the city council may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance., and inserting in its place a new Section 6.29 to read as follows: SECTION 6.29. Capital improvements budget. (a) On or before the date fixed by the city council, but not later than 60 days prior to the beginning of each fiscal year, the mayor in conjunction with all the department heads of the city shall prepare and submit to the city council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital

Page 3529

improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than December 31 of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or any member of the city council may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 10. Said Act is further amended by striking Section 6.33 which reads as follows: SECTION 6.33. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the city manager and adoption of a resolution by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the city manager to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made., and inserting in its place the following: SECTION 6.33. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law.

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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 by the city council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separate parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights of way of said street, avenue, alley, or public place when such exchange is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. SECTION 11. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Norcross 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 Norcross for approval or rejection. The election superintendent shall conduct that election on a date permissible under Code Section 21-3-52 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the elction to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the City of Norcross from a city manager-council form of government to a mayor-council form of government? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 10 shall become of full force and effect immediately. If the Act is not so approved, the remaining sections of this Act shall not become effective. The expense of such election shall be borne by the City of Norcross. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 12. Except for Sections 1 through 10 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such

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approval. Sections 1 through 10 of this Act shall only become effective as provided in Section 11 of this Act. SECTION 13. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION OF THE CITY OF NORCROSS, GEORGIA The Council of the City of Norcross, Georgia, has considered and hereby adopts the following as a Resolution of said Council: WHEREAS, the Mayor and City Council deem it in the best interests of the City of Norcross to amend the existing City Charter to provide for a mayor-council form of government; WHEREAS, the Mayor and City Council believe that mayor-council form of government will provide for a more orderly form of government; IT IS HEREBY RESOLVED that it is the intent of the Council of the City of Norcross to introduce a Bill at the regular 1997 Session of the General Assembly of Georgia to be enacted by the General Assembly and become an Act thereof, which Bill will amend an Act providing a Charter for the City of Norcross so as to establish a mayor-council form of government, to repeal conflicting laws, and for other purposes. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Attorney to draft a Bill to introduce to the General Assembly to amend the Act establishing a Charter for the City Council to present to the City Council prior to its submission to the General Assembly. This 2nd day of December, 1996. s/ Lillian H. Webb, Mayor Authentication: s/Sue Dennen, City Clerk NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced for passage at the 1997 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. 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. p. 4725 and p. 4727) amend an Act approved March 28, 1990 (Ga. L. 1990) to change the form of government from a city manager form of government to a mayor-council form of government, to provide for an affective date; to repeal conflicting laws; and for other purposes. This 8th day of January, 1997.

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-s- Lillian H. Webb, Mayor City of Norcross, Georgia -s- Peter F. Boyce, City Attorney Authenticated By: -s- Sue Dennen, City Clerk 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 the Representative from the 80th District, and further deposes and says as follows: (1) That the attached 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: January 24, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BROOKS P. COLEMAN, JR. Representative, 80th District Sworn to and subscribed before me, this 31st day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 24, 1997.

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MILLER COUNTY RECREATION AUTHORITY CREATION. No. 16 (House Bill No. 806). AN ACT To create the Miller County Recreation Authority and to provide for the appointment of members of the authority; to provide a short title; to confer powers upon the authority; to authorize the issuance of revenue bonds; 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 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 Miller County Recreation Authority Act. SECTION 2. Miller County Recreation Authority. (a) There is created a public body corporate and politic to be known as the Miller 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, except that the authority or the trustee acting under a trust indenture shall in no event be liable for any torts committed by any of the officers, agents, or employees. The authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality of the state, a mere creation of the state, being 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 Miller County and its legal situs or residence for the purposes of this Act shall be Miller 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 the 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 five members with each member appointed by the Board of Commissioners of Miller County. The members shall be appointed for terms of office of six years, provided that the initial appointment of members of the authority by the Board of Commissioners of Miller County shall be for one member for a term of two years, two members for terms of four years, and two members for terms of six years. After expiration of the initial terms, the terms of all members shall be six years and until a successor is elected. To be eligible for appointment as a member of the authority, a person shall be at least 21 years of age, a resident of Miller County, Georgia, for at least two years prior to the date of appointment, and shall not have been convicted of a felony. Immediately after such appointments the members of the authority shall enter upon their duties. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of a quorum to exercise all of the rights and perform all of the duties of the authority. (c) Members of the Development Authority of Miller County may serve as members of the authority. (d) Any member of the authority may be selected and appointed to succeed himself or herself. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in the vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. (e) 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. (f) 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. (g) The authority shall make rules and regulations for its own governance. It shall have perpetual existence. (h) Any member of the authority may be removed from office by the governing authority of Miller County 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 of the authority, unless excused by reasonable grounds, as determined by a majority of the members of the authority. Any office so vacated shall be filled within 60 days by appointment by the Board of Commissioners of Miller County.

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SECTION 3. Definitions. As used in this Act, the term: (1) Authority means the Miller County Recreation Authority created by this Act. (2) Costs of the project means and embraces 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; financing charges; interest prior to and during construction and for up to one year after completion of construction; the cost of engineering, architectural, fiscal, and legal expenses and of plans, 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; the acquisition and construction of any project and the placing of the same in operation; working capital; and all other costs necessary to acquire, construct, add to, extend, improve, equip, operate, and maintain the project. 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 out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project means: (A) The acquisition, construction, equipping, maintenance, and operation of 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, auditoriums, youth centers, senior citizen centers, and all facilities appertaining to such stadiums and recreational centers and areas, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such facilities, including real and personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable; 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.

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(5) Revenue bonds, bonds, and obligations mean revenue bonds as defined and provided for in the Revenue Bond Law and, in addition, mean obligations of the authority, the issuance of which are specifically provided for by this Act. (6) 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 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. If the authority shall deem it expedient to acquire and construct any project on lands the title to which shall then be in the name of the state, 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 for the credit of the general fund of the state of the reasonable value of such lands or upon 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 lands the title to which shall then be in the name of the Board of Commissioners of Miller County or any municipality incorporated in such county, the governing body or authority of said county or any of said municipalities are authorized to convey title to such lands to the authority upon the receipt of such lawful consideration as

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may be determined by the parties to such conveyance or upon payment for the credit of the general fund 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 body or authority of said county or municipality and the chairperson of the authority; (4) To appoint, select, and employ officers, agents, and employees, including engineering, architectural, and construction experts, fiscal agents, and attorneys and fix their respective compensation; (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the acquisition and construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, 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 institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision or authority of the state is 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, without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the authority to enter into contracts with the state or any agencies or departments of the state relative to any parks and recreational centers, areas, and facilities and relative to any property which such department or other agency or department of the state 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, the United States government, or any agency or department thereof, subject to the rights and interest and interest of the holders of any 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 acquire, construct, erect, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects, the cost of such projects 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 and any agency or department 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,

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upon such terms and conditions as the United States or such agency or instrumentality may impose; (8) To accept loans or grants of money or materials or property of any kind from the state or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the state or such agency or instrumentality or political subdivision may require; (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 the 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 not in conflict with the Constitution and laws of the 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 interests 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 funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Miller County or any municipality within it as the lessee; and (13) 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 the 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 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, shall be payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, and shall be payable in such medium of payment

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as to both principal and interest as may be determined by the authority and may be 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 such revenue bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereto. SECTION 6. Exemption from taxation. All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose and the bonds, their transfer, and the income therefrom shall be exempt from all taxation within this state. SECTION 7. 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, including private, negotiated sale. 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 8. Revenue bonds, conditions precedent to issuance. Revenue bonds of the authority 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 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 a quorum of its members. SECTION 9. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the state of Miller County, Georgia, or a pledge of the faith and credit thereof; but such revenue bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds. The issuance of such

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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 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. However, Miller County or 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, 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, Article IX, Section V, Paragraph I. When such obligation is made to make such payments from taxes to be levied for the 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. Pledge of revenues, rents, and earnings. 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, premium, if any, 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 or be payable pursuant to mandatory redemption provisions; (3) The necessary charges of any trustee or paying agent; 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 such bonds or in any trust instrument securing the payment of the same.

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SECTION 11. Exemption from ad valorem taxation. The exercise of the powers conferred upon the authority in this Act shall constitute an essential government 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 the property 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 the sales and use tax on property purchased by or for the use of the authority. SECTION 12. Tort immunity. 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 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 state. The authority may be sued the same as private corporations on any contractual obligation of the authority. SECTION 13. No levy or sale. The property of the authority shall not be subject to levy and sale under legal process. SECTION 14. 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 Miller County, Georgia, and any action pertaining to validation of any revenue bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. SECTION 15. Validation. Bonds of the authority 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 a party defendant to such action the

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state, and any institution, department, or other agency thereof, and any county, municipality, authority, political subdivision, or instrumentality of the state or the United States government or any department or agency of the United States government, if subject to being sued and it consenting to same, which has contracted with the authority for services or facilities relating to the project for which bonds are to be issued and sought to be validated, and the state, or such county, municipality, authority, political subdivision, or instrumentality of the state or the United States government shall be required to show cause, if any exists, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as 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 county, municipality, authority, political subdivision, or instrumentality of the state or the United States government or any department or agency of the United States government, if a party to the validation proceedings, contracting with the authority. SECTION 16. Interest of bondholders protected. While any of the bonds issued by the authority remains outstanding, the powers, duties, or existence of the 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 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 bonds and, upon the issuance of such bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. SECTION 17. 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, gifts, or other contributions, or as revenue, rents, fees, charges, or other earnings, shall be deemed to be trust funds to be held and applied 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 resolution or trust instrument of the authority authorizing the issuance and securing the payment of such bonds.

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SECTION 18. Liberal contruction of Act. This Act shall be liberally construed for the accomplishment of its purposes. SECTION 19. Area of operation. The scope of the authority's operation shall be limited to the territory embraced within Miller County. SECTION 20. Dissolution of authority. 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 Miller County, Georgia; or title to any such property may be conveyed prior to such dissolution in accordance with the provisions which may be made therefor in any resolution or trust indenture relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect of said property at the time of such conveyance. SECTION 21. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 22. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the creation and operation of a Miller County Recreation Authority; and for other purposes. This 27th day of December, 1996. DANNY S. SHEPARD County Attorney Miller County, Georgia GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dan E. Ponder, Jr. who on oath deposes and says that he is the Representative from the 160th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of Miller County, on the following date: January 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DAN E. PONDER, JR. Representative, 160th District Sworn to and subscribed before me, this 27th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 25, 1997.

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CITY OF FOREST PARK CITY COUNCIL; DISTRICTS; ELECTIONS. No. 17 (House Bill No. 1029). 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. 4409), as amended, so as to provide for a city council; to provide for elections and council districts; 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. 4409), as amended, is amended by striking in its entirety Section 2.10 and inserting in lieu thereof the following: SECTION 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. The councilmembers shall be elected from council districts, and the mayor shall be elected at large. As used in this charter, the terms `ward' and `council district' shall have the same meaning. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided in Article I of this charter. SECTION 2. Said Act is further amended by striking the description of the six wards in Section 5.11 and inserting in lieu thereof the description of five council districts attached to this Act and made a part hereof and further identified as: Operator: local Client: forestpark Plan: forpk2. SECTION 3. Said Act is further amended by striking in its entirety Section 5.13 and inserting in lieu thereof the following: SECTION 5.13. Regular elections. (a) Those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law.

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(b) At the municipal election held in 1997, the mayor and councilmembers from council district 1 shall be elected for terms of four years. The councilmember presently serving who was elected from Ward 6 shall at the organizational meeting in January, 1998, and for the remainder of his or her term represent council district 5. At the municipal election held in 1999 and every four years thereafter, councilmembers from council districts 3, 4, and 5 shall be elected for terms of four years. The councilmember presently serving who was elected at large shall for the organizational meeting in January, 1998, and for the remainder of his or her term represent council district 2. At the 1999 election, his or her successor shall be elected for a term of two years. Thereafter, the mayor and councilmembers from council districts 1 and 2 shall be elected for terms of four years at the municipal election held in 2001 and every four years thereafter. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: forestpark Plan: forpk2 District No. 1 CLAYTON Tract: 0403.01 Block: 203, 204, 206, 207, 308 Tract: 0403.02 Block: 101A, 101B, 102, 104, 105, 106, 107, 108, 109A, 109B, 112, 201A, 201B, 201C, 202A, 202B, 203A, 203B, 204, 213, 214, 401, 402, 403, 404, 410, 414, 415, 416, 501, 502, 503, 504, 506, 508A, 509, 510, 511, 517A, 517B, 519B, 519C, 519D, 520, 521, 522, That part of Block 523A which lies south of North Avenue and west of Stillwood Cove Street and the property line between 4709 and 4719 Stillwood Cove Street extended to intersect Poole Creek, That part of Block 523B which lies west of Poole Creek, 525, 526A, 526B, 527B Tract: 0403.03 Block: 612C Tract: 0403.04 Block: 303, 304 District No. 2 CLAYTON Tract: 0403.02 Block: 205, 206, 207, 208, 209, 210, 211, 212 Block Group: 3 Block: 405, 406, 407, 408, 409, 411, 412, 413, 507, 519A, That part of Block 523A which lies north of North Avenue

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and east of Stillwood Cove Street and the property line between 4709 and 4719 Stillwood Cove Street extended to intersect Poole Creek, That part of Block 523B which lies east of Poole Creek, 527A Tract: 0403.03 Block: 403, 404, 405, 408, 409 Tract: 0403.04 Block: 101, 102, 106, 107, 108, 114, 115, 116, 117, 118, 119, 120, 123, 124, 301, 302, 305, 306, 307, 308, 309, 310, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334 District No. 3 CLAYTON Tract: 0403.03 Block: 206B, 207, 208, 209D, 209E, 209F, 301A, 301B, 304A, 304C, 305A, 305B, 306, 308, 309, 310, 311, 312A, 312B, 313A, 313C, 315A, 315B, 315D, 401, 402, 406, 407, 410, 411, 412, 413, 414 Block Group: 5 Block: 601, 602, 603A, 603B, 604B Tract: 0404.02 Block: 204C, 206B, 913A, 914A, 925A, 925B, 925C, 926A District No. 4 CLAYTON Tract: 0403.01 Block: 304, 305, 306, 307, 309A, 309B, 310, 311, 312A, 312B Tract: 0403.04 Block: 103, 104, 105, 109, 110, 111, 112, 113, 121, 122, 125, 203, 204, 205, 206, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 224, 225, 226, 227, 229, 230, 231, 232, 233, 311, 323, 324 Tract: 0403.05 Block: 201A, 217A, 217B, 217C, 217D, 307A, 308A, 313A, 313B, 314A District No. 5 CLAYTON Tract: 0403.04 Block: 201, 202 Tract: 0403.05 Block: 101, 102, 103, 104A, 104B, 106, 107, 109, 110, 111, 112, 117, 118, 119, 121, 122A, 123A, 124, 125, 126A, 127A, 202, 203, 204, 205, 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 219, 220 Tract: 0404.01

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Block: 333 Tract: 0404.05 Block: 119A Tract: 0404.06 Block: 135A MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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; and for other purposes. This 12 day of March, 1997. Charles Chuck Hall Mayor Forest Park GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William J. Lee, who on oath deposes and says that he is the Representative from the 94th District, and further deposes and says as follows: (1) That the attached 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 14, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WILLIAM J. LEE Representative, 94th District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 26, 1997. EFFINGHAM COUNTY STATE COURT; JUDGE; COMPENSATION. No. 25 (House Bill No. 739). AN ACT To amend an Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3685), so as to change the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3685), is amended by striking in Section 2A the following: $24,000.00 and inserting in lieu thereof the following: $27,000.00, so that as so amended, Section 2A shall read as follows: SECTION 2A. The judge of said court shall receive a salary of $27,000.00 per year which shall be paid monthly by the treasurer of Effingham County; and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for

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this purpose. The judge shall receive no other compensation but may practice law in any court except his or her own. SECTION 2. This Act shall become effective on April 1, 1997, or on the date on which this Act is approved by the Governor or becomes law without such approval, whichever is later. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF EFFINGHAM RESOLUTION WHEREAS The Board of Commissioners of Effingham County, Georgia at their regular session held on February 4, 1997, unanimously voted to increase the salary of the Judge of the State Court of Effingham County, Georgia from $24,000 per year to $27,000 per year and to request the Honorable Ann Purcell, Representative for the 147th District, to introduce legislation in the 1997 session of the General Assembly of Georgia to this effect, and for the effective date of said increase of salary to be April 1, 1997. This 4th day of February, 1997. s/ JERRY A. SMITH, CHAIRMAN EFFINGHAM COUNTY BOARD OF COMMISSIONERS ATTEST: s/ SANDRA ANDREWS EFFINGHAM COUNTY CLERK NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1997 session of the General Assembly of Georgia a bill affecting the compensation of the Judge of State Court of Effingham County, Georgia. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is the Representative from the 147th District, and further deposes and says as follows:

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(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County, on the following date: February 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by ffacsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANN R. PURCELL Representative, 147th District Sworn to and subscribed before me, this 21st day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF CLARKSTON MAYOR AND COUNCIL; VACANCIES. No. 26 (House Bill No. 341). AN ACT To amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, so as to change the method by which vacancies are filled in the Office of Mayor or Councilman; 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 new charter for the City of Clarkston, approved April 21, 1967 (Ga. L. 1967, p. 3391), as amended, is amended by deleting therefrom Section 2.05 thereof and adding a new Section 2.05 to read as follows: SECTION 2.05. Vacancy in Office of Mayor or Councilperson. (a) A vacancy shall exist if the Mayor or a Councilperson resigns, dies, moves his or her residence from the city, has been continuously disabled for a period of six months so as to prevent him or her from discharging the duties of office, shall have engaged in any activity or done any act which under the laws of this state would preclude him or her from continuing to serve as an elected official, or shall have been removed from office by the electorate as provided by law. Such vacancy shall be declared by the Mayor unless it shall be the office of Mayor which is vacant, and in such case by the Vice-Mayor. Such declaration shall be made in a regular meeting of the City Council and shall be affirmed by a majority vote of the City Council. (b) Should a vacancy occur in the office of Mayor, the Vice-Mayor shall assume the duties of the Mayor and shall serve out the Mayor's term. The City Council shall appoint a new Vice-Mayor from its membership for the remainder of the previous Vice-Mayor's term. (c) If the vacancy occurs in the office of councilperson and if a regular annual election will occur within 12 months of the date of the declaration of such vacancy, then the City Council may appoint a qualified person to fill such vacancy until the next regular city election. If a tie vote by the Council to fill a vacancy is unbroken for 15 days, the Mayor may appoint a qualified person to fill the vacancy. Upon declaration of a vacancy in the office of councilperson, if it shall be more than 12 months to the next regular annual election of city officials, a special election shall be held to fill the vacancy in accordance with Chapter 3 of Title 21 of the O.C.G.A. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that the City of Clarkston intends to apply for the passage of local legislation at the 1997 Session of General Assembly of Georgia. Such legislation will be to amend the Charter of the City of Clarkston in order to change the method by which vacancies are filed for the Office of Mayor and of Councilman and the title of such bill or bills is to be as follows: An Act to Amend Establishing a New Charter for the City of Clarkston, approved April 21, 1967, and the several acts amendatory thereof, and for other purposes. This 8th day of January, 1997. George Baldesare, Mayor of City of Clarkston GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, June Hegstrom, who on oath deposes and says that she is the Representative from the 66th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: January 23, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ JUNE HEGSTROM Representative, 66th District Sworn to and subscribed before me, this 30th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CLAY COUNTYBOARD OF EDUCATION; COMPENSATION. No. 28 (House Bill No. 58). AN ACT To amend an Act reconstituting the Board of Education of Clay County, approved January 15, 1993 (Ga. L. 1993, p. 3576), as amended, so as to change the provisions relating to the compensation of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reconstituting the Board of Education of Clay County, approved January 15, 1993 (Ga. L. 1993, p. 3576), as amended, is amended by striking Section 6 of said Act and inserting in lieu thereof a new Section 6 to read as follows: SECTION 6. Members of the Board of Education of Clay County shall 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. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act reconstituting the Board of Education of Clay County, approved January 15, 1993 (Ga. L. 1993, p. 3576) as amended; and for other purposes. This 25th day of November, 1996. George Hartley, Superintendent Nov. 27, Dec. 4, 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 the Representative from the 158th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Calhoun-Clay Herald, which is the official organ of Clay County, on the following date: December 4, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GERALD E. GREENE Representative, 158th District
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Sworn to and subscribed before me, this 3rd day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF RINCON NEW CHARTER. No. 41 (House Bill No. 194). AN ACT To provide a new charter for the City of Rincon; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the name and style City of Rincon, Georgia, and by that name shall have perpetual succession.

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SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official map of the corporate limits of the City of Rincon, 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 mayor and council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. (c) The powers of the government of the City of Rincon to be exercised by the mayor and council shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of

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money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades; (5) Business regulation and taxation. To levy and to provide for collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges; (11) General health, safety and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the

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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 city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (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 with-drawal of service for refusal or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution

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systems and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to establish, operate, or contract for a police and a fire fighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities or of charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates,

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fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as such are not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or land and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate 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.

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(36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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 1.13. 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

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execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II. GOVERNMENT STRUCTURE LEGISLATIVE BRANCH SECTION 2.10. Mayor and 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 mayor and council to be composed of a mayor and six members of the council. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11. Same terms and qualifications for office. The mayor and each member of the 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 such person has been a resident of the city for a period of at least 12 months immediately prior to the date of the election of the mayor or members of the council; each shall continue to reside therein during period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and 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. Same compensation and expenses. The mayor and each councilmember shall receive compensation and expenses for their services as provided by ordinance.

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SECTION 2.14. Conflicts of interest; holding other offices. (a) 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 nor 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 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 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 such official, officer, or employee is 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, thing, or promise, from any person, firm or corporation which to such official, officer, or employee's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which such person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; or (5) Represent other private interests in any action or proceeding against this city or any portion of its government. (b) Disclosure. Any elected official, appointed officer, or employee who 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 mayor and council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and council shall disclose such private interest, and such disclosure shall be entered on the records of the mayor and council, and such person 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.

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(c) Use of public property. No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the mayor and council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the mayor and council. (e) Ineligibility of elected official. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which such person was elected. No former mayor or former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which such person was elected. (f) Political activities of certain officers and employees. No appointive officer or employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office for the City of Rincon. (g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited office or position. (2) Any officer or employee of the city who shall forfeit office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15. Inquiries and investigations. The mayor and 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. SECTION 2.16. General power and authority of the mayor and council. Except as otherwise provided by other provisions of this charter, the mayor and council shall exercise that authority and those powers as provided by Article 1.

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SECTION 2.17. Eminent domain. The mayor and 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; to provide any other public improvements inside or outside the city; and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. ORGANIZATION AND PROCEDURES SECTION 2.18. Organizational meetings. The mayor and council shall hold an organizational meeting on the first business day of the new year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor or 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 mayor and council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the mayor and council may be held on call of two councilmembers or mayor and one councilmember. 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 the mayor and councilmembers shall not be required if four of all members of the council 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 mayor and 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.

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SECTION 2.20. Rules of procedure. (a) The mayor and council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the mayor and council shall be appointed by the mayor and council and shall serve at their pleasure. The mayor and council shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum: voting. (a) Four of the councilmembers shall constitute a quorum and shall be authorized to transact business of the mayor and council. Voting on the adoption or ordinances shall be by a roll call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four 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 the councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the mayor and 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 mayor and council of the City of Rincon 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 mayor and council. Ordinances shall be considered and adopted or rejected by the mayor and council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the mayor and council may designate.

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SECTION 2.23. Action requiring an ordinance. Acts of the mayor and 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 mayor and council may convene on call of the mayor or two councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance, shall contain, after the enacting clause, a declaration stating that an emergency exists, and shall describe 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 90 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 2.25. Codes of technical regulations. (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (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.

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SECTION 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the mayor and council. (b) The mayor and council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and council by ordinance and shall be published promptly, together with all amendments thereto and such codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as The Code of the City of Rincon, 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 mayor and 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 mayor and 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 mayor and council shall appoint a city manager for an indefinite term and shall fix compensation. The manager shall be appointed solely on the basis of executive and administrative qualifications. SECTION 2.28. Removal of city manager. (a) The mayor and council may remove the manager from office in accordance with the following procedures: (1) The mayor and council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the manager;

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(2) Within five days after a copy of the resolution is delivered to the manager, such manager may file with the mayor and council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the mayor and council a written reply not later than five days before the hearing; or (3) If the manager has not requested a public hearing within the time specified in paragraph (2) above, the mayor and council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the mayor and council may adopt a final resolution for removal, which may be made effective immediately by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager shall continue to receive 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 mayor and council, a qualified city administrative officer to exercise the powers and perform the duties of manager during temporary absence or disability. During such absence or disability, the mayor and council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or disability shall cease. SECTION 2.30. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city and shall be responsible to the mayor and council for the administration of all city affairs placed in charge by or under this charter. The city manager shall have the following powers and duties: (1) To appoint and, when deemed necessary for the good of the city, suspend or remove all city employees and administrative officers whom the city manager appoints, except as otherwise provided by law or as otherwise provided by personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency; (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;

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(3) To attend all meetings of the mayor and council and to have the right to take part in discussion but not to vote; (4) To see that all laws, provisions of this charter, and acts of the mayor and council, subject to enforcement by the city manager or by officers subject to direction and supervision, are faithfully executed; (5) To prepare and submit the annual operating budget and capital budget to the mayor and council; (6) To submit to the mayor and council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) To make such other reports as the mayor and council may require concerning the operations of city departments, offices and agencies subject to direction and supervision; (8) To keep the mayor and council fully advised as to the financial condition and future needs of the city, and make such recommendations to the mayor and council concerning the affairs of the city as deems desirable; and (9) To perform other such duties as are specified in this charter or as may be required by the mayor and council. SECTION 2.31. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the mayor and 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 mayor and council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.32. Selection of mayor pro tempore. By a majority vote of all its members, the mayor and council by the second meeting of the new year shall elect a councilmember to serve as mayor pro tempore, who shall serve at the pleasure of the mayor and council. The mayor pro tempore shall continue to vote and otherwise participate as a councilmember. SECTION 2.33. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the mayor and council;

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(2) Be the head of the city for the purpose of service of process and for ceremonial purposes and shall be the official spokesman for the city and the chief advocate of policy; (3) Have power to administer oaths and to take affidavits; and (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing. SECTION 2.34. Mayor pro tempore; duties. The mayor pro tempore shall preside at all meetings of the mayor and council and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor and 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 mayor and council. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor and 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 city manager, be responsible for the administration and direction of the affairs and operations of department or agency. (e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the mayor and council. The manager may suspend or remove directors under supervision and such suspension or removal shall be effective immediately.

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Following the city manager giving written notice of such action and the reasons therefor to the director involved and to the mayor and council, the director involved shall have five days for notice of appeal to the mayor and council which, within 14 calendar days after receiving notice of appeal, a hearing will be held. After the hearing, the mayor and council may override the action of the city manager by a vote of at least five of the councilmembers. SECTION 3.11. Boards, commissions and authorities. (a) The mayor and council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and 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 such member has executed and filed with the clerk of the city an oath obligating that member to faithfully and impartially perform the duties of 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 five members of the mayor and 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

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necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city. ADMINISTRATIVE OFFICERS SECTION 3.12. City attorney. The mayor and 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 mayor and council as directed, shall advise the mayor and 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 position as city attorney. SECTION 3.13. City clerk. The city manager shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain such records as are required by this charter, and perform such other duties as may be required by the city manager. SECTION 3.14. City accountant. The mayor and council shall appoint a city accountant to perform the duties of an accountant. PERSONNEL ADMINISTRATION SECTION 3.15. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and 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 mayor and 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.

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SECTION 3.16. Personnel policies. The mayor and council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Rincon. SECTION 4.11. Municipal 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 the mayor and council. The method of selection and terms of such judges shall be provided by the mayor and council. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless such person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the mayor and council. (c) Compensation of the judges shall be fixed by the mayor and council. (d) Judges may be removed for cause by a vote of five members of the council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that will honestly and faithfully discharge the duties of office to the

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best of ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the journal of the mayor and council as required in Section 2.20. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals. 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, ten days in jail, or both $200.00 and ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction. Such punishment may be by fine, imprisonment, alternative sentencing, or fine, or by any combination thereof 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 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 appearance and shall fail to appear at the time fixed for trial, bond shall be forfeited by the presiding at such time, and an execution shall be issued thereon by serving the defendant and 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.

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(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.14. Appeal and certiorari. (a) A review on a decision of the municipal court, in the case of traffic violations, may be by direct appeal to the superior court, and any bond as may be required to secure the costs of appeal to the Superior Court of Effingham County, Georgia, from the municipal court shall lie as prescribed by law. An appeal to the superior court shall not be a de novo proceeding. (b) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Effingham 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 mayor and council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings.

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ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code (Title 21, Chapter 3 of the Official Code of Georgia Annotated) as now or hereafter amended. SECTION 5.11. Elections; time for holding. The board of commissioners shall cause an election to be held at the city hall or such other place in the city as the mayor and council shall direct and designate. All general municipal elections shall be held on the Tuesday next following the first Monday in November in 1997 and on such day biennially thereafter. Each elected officer shall serve for a term of four years, the term beginning the day and hour of taking the oath of office as provided in Section 2.18 of this charter. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law. SECTION 5.12. Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the mayor and council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.13. Election by plurality vote. The candidate receiving a plurality of the votes cast for each respective position shall be elected to the city council to fill that particular vacancy on the council. The procedures and requirements for election of all elected officers of the city shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.14. Special election; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor and council or those remaining

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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 next municipal election, the mayor and 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 by this charter, the mayor and council shall, by ordinance, prescribe such rules and regulations they deem appropriate to fulfill any options and duties under the Georgia Municipal Election Code. SECTION 5.16. Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of five of the councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and 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 that ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Effingham County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court.

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(2) By an order of the Superior Court of Effingham County following a hearing on a complaint seeking such removal brought by any resident of the City of Rincon. ARTICLE VI FINANCE SECTION 6.10. Property tax. The mayor and council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The mayor and council by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The mayor and 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 mayor and 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 mayor and council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. SECTION 6.13. Licenses; permits; fees. The mayor and 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

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such license or permit where such activities are not now regulated by general law in such a way as to preclude city regulations. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in Section 6.18. The mayor and council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The mayor and 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 mayor and 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 mayor and council shall provide for the registration of all franchises with the city clerk in a registration book kept by him or her. The mayor and council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SECTION 6.15. Service charges. The mayor and council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.16. Special assessments. The mayor and council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this

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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 mayor and 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 mayor and 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 mayor and 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 mayor and council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.

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SECTION 6.23. Preparation of budgets. The mayor and council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.24. Submission of operating budget to mayor and council. On or before a date fixed by the mayor and council but not later than 60 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.25. Action by mayor and council on budget. (a) The mayor and council may amend the operating budget proposed by the city manager; 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. (b) The mayor and council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the twentieth day of December of each year. If the mayor and 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 items prorated accordingly until such time as the mayor and council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and

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no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. SECTION 6.26. Tax levies. Following adoption of the operating budget, the mayor and council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.27. Changes in appropriations. The mayor and council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.28. Capital improvements budget. (a) On or before the date fixed by the mayor and council but no later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The mayor and council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the twentieth day of December of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.

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SECTION 6.29. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the mayor and 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. Centralized purchasing. The mayor and council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.31. Sale of city property. (a) The mayor and council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The mayor and council may quitclaim any rights they 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 mayor and council may authorize the city manager to execute and deliver in the name of the city a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms

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and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the mayor and council. SECTION 7.12. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the mayor and 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 invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.15. This Act shall become effective on January 1, 1998. SECTION 7.16. Repealer. An Act incorporating the City of Rincon in the County of Effingham, approved March 13, 1978 (Ga. L. 1978, p. 3307), is hereby repealed in its

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entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. RESOLUTION A RESOLUTION AUTHORIZING STATE REPRESENTATIVE ANN R. PURCELL TO PROPOSE CHARTER CHANGES TO THE STATE COMMISSION AS REQUESTED BY THE MAYOR AND COUNCIL OF RINCON, GEORGIA: WHEREAS, Rincon, Georgia Town Council understands the need for growth and change within the town; and WHERES, Rincon, Georgia Town Council wishes to propose changes to the existing charter and revise the old charter; and WHEREAS, Rincon, Georgia Town Council wishes to request that State Representative Ann R. Purcell propose these changes as requested by the Mayor and Council by unanimous decision to the State Commission: NOW THEREFORE BE IT RESOLVED THAT THE Mayor and Council submit to State Representative Ann R. Purcell the revised Town Charter for submission and review by the State Commission. This 25th day of November, 1996. /s/ George A. Saraf Mayor Attest /s/ Wanda Goodwin (SEAL) ADVERTISEMENT The Town of Rincon has reviewed its charter and is proposing through legislation in the House of Representatives that the revisions be approached by Representative Ann R. Purcell, who will be handling the legislation for the Town of Rincon. 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 the Representative from the 147th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald, which is the official organ of Effingham County, on the following date: January 8, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANN R. PURCELL Representative, 147th District Sworn to and subscribed before me, this 16th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. DECATUR COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN NOMINATION AND ELECTION; REPEAL OF SMALL CLAIMS COURT ACT. No. 47 (House Bill No. 234). AN ACT To repeal an Act creating a Small Claims Court in Decatur County (later renamed the Magistrate Court), approved March 30, 1971 (Ga. L. 1971, p. 2667), as amended; to provide for the nonpartisan nomination and election of the chief magistrate of Decatur County; to provide for the requirements and procedures relating to such nonpartisan nomination and election; to provide the authority for this Act; to provide for the completion of the term of the current chief magistrate; 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 Small Claims Court in Decatur County (later renamed the Magistrate Court), approved March 30, 1971 (Ga. L. 1971, p. 2667), as amended, is repealed in its entirety. SECTION 2. The chief magistrate serving on the effective date of this Act, or a person appointed to fill a vacancy in the office of chief magistrate, shall complete the term of office for which he or she was elected or appointed, ending on December 31, 2000, or until a successor is elected and qualified. SECTION 3. The chief magistrate of the Magistrate Court of Decatur County shall be elected by the qualified voters of Decatur County in a nonpartisan primary and election. Except as otherwise provided in this Act, the chief magistrate of the magistrate court shall be elected pursuant to the general elections laws of Georgia. SECTION 4. Beginning with the election held in 2000 and every four years thereafter, the chief magistrate of the magistrate court shall be elected at the nonpartisan primary and general election immediately preceding the expiration of the term of office of the chief magistrate of the magistrate court and shall take office on January 1 immediately following such election for a term of four years and until such chief magistrate's successor is elected and qualified. SECTION 5. Candidates for the office of chief magistrate of the magistrate court shall be nominated in a nonpartisan primary to be held at the same time as and in conjunction with the general primary every four years. A nominating petition shall not be required to place the name of any such candidate on the primary ballot. A candidate may have his or her name placed on the primary ballot by filing a notice of candidacy with the county election superintendent and by paying the qualifying fee. SECTION 6. The candidate receiving a majority of votes in the nonpartisan primary shall be the nominee for the office of chief magistrate of the magistrate court and shall be the only candidate for such office to have his or her name appear on the general election ballot. In the event no candidate receives a majority of the votes cast, the two candidates receiving the highest number of votes for the office shall be in a runoff to be held on the

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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 7. The names of all candidates for the office of chief magistrate of the magistrate court shall appear in a separate section of each primary and general election ballot of each elector. No party designation or affiliation shall appear beside the name of any such candidate on any primary or general election ballot, and no candidate for the office of chief magistrate of the magistrate court shall be nominated by any political party. SECTION 8. This Act is enacted pursuant to the authority of Code Section 21-2-139 of the O.C.G.A. SECTION 9. This Act shall become effective on January 1, 1998. SECTION 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an act creating the Small Claims Court in Decature County and providing for the election thereof (Georgia Laws 1971, P. 2667), as amended, so as to provide for the nonpartisan election of the Chief Magistrate of the Magistrate's Court of Decature County, to repeal conflicting laws, and for other purposes. This 7th day of January, 1997. /s/ K. F. Bates, Jr. (By) K. F. Bates, Jr. State Representative District 179 State of Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kermit F. Bates, Jr., who on oath deposes and says that he is the Representative from the 179th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight, which is the official organ of Decatur County, on the following date: January 11, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority withing which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. /s/ KERMIT (F) BATES, JR. Representative, 179th District Sworn to and subscribed before me, this 17th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF CHAMBLEE HOMESTEAD EXEMPTION; CITY TAXES; LOCAL CONSTITUTIONAL AMENDMENT REPEALED; REFERENDUM. No. 49. House Bill No. 252). AN ACT To provide a homestead exemption from City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age and to provide a homestead exemption from all City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of the total assessed value of that homestead for certain residents of that city who are 65 years of age or over or totally disabled; to provide for definitions; to specify the terms and conditions of the exemptions and the procedures relating thereto; to provide for applicability; to repeal that local amendment to Article VII, Section I, Paragraph IV of the Constitution of the State of Georgia which provided for homestead exemptions from city ad valorem taxes for certain residents of the City of Chamblee, which was proposed by Resolution Act No. 129; Senate Resolution No. 330; Ga. L. 1982, p. 2542, and which was ratified at the 1982 November general election under certain conditions; 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: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for city purposes means all ad valorem taxes for city purposes levied by, for, or on behalf of the City of Chamblee, including, but not limited to, taxes for maintenance, operations, fire protection services, and hospital services; but such term shall not include taxes levied by the city to pay interest on and to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Sixty-five years of age or older means that a person is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of the City of Chamblee who is under 65 years of age is granted an exemption on that person's homestead from all City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) Each resident of the City of Chamblee who is 65 years of age or older or who is totally disabled is granted an exemption on that person's homestead from all City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of the total assessed value of that homestead. (c) In order to qualify for the exemption provided for in subsection (b) of this section as being totally disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of

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the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (d) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or the person's agent files an affidavit with the official designated by the governing authority of the city giving the person's age or, if disabled, the certificate or certificates required by subsection (c) of this section, and such additional information relative to receiving such exemption as will enable such official to make a determination as to whether such owner is entitled to such exemption. The official so designated shall provide affidavit forms for this purpose. SECTION 3. The City of Chamblee or the official designated by the governing authority or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After the person has filed the proper affidavit and certificate or certificates, if disabled, as provided in subsection (c) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit and certificate thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted a homestead exemption under this Act to notify the City of Chamblee or the official designated for such purpose by the governing authority of the city or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, county taxes, or DeKalb County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to City of Chamblee ad valorem taxes for city purposes. SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1999.

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SECTION 7. That local amendment to Article VII, Section I, Paragraph IV of the Constitution of the State of Georgia increasing the amount of the homestead exemption from city ad valorem taxes for certain residents of the City of Chamblee which was proposed by Resolution Act No. 129; Senate Resolution No. 330; Ga. L. 1982, p. 2542 and which was ratified at the 1982 November general election is repealed in its entirety effective on January 1, 1999, but only if the homestead exemptions provided for in Sections 1 through 6 of this Act are approved in the referendum provided for in Section 8 of this Act. If such homestead exemptions are not so approved in such referendum, such local amendment to the Constitution shall remain in full force and effect until otherwise legally repealed. SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Chamblee 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 Chamblee for approval or rejection. The election superintendent shall conduct that election on any date during 1998 on which a municipality may conduct an election pursuant to the general laws of this state 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 DeKalb County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which: (1) provides a homestead exemption from City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that city who are under 65 years of age; (2) provides a homestead exemption from City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness, in the amount of the total assessed value of the homestead for certain residents of that city who are 65 years of age or over or totally disabled; and (3) repeals the local amendment to the Constitution of the State of Georgia which provides for the current homestead exemptions? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 7 shall become of full force and effect on

Page 3595

January 1, 1999. 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 the City of Chamblee. 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 on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from City of Chamblee ad valorem taxes for city purposes, except taxes levied by the city to pay interest on and to retire bonded indebtedness; to repeal that local amendment to Article VII, Section I, Paragraph IV of the Constitution of the State of Georgia which provided for homestead exemptions from city ad valorem taxes for certain residents of the City of Chamblee, which was proposed by Resolution Act No. 129; Senate Resolution No. 330; Ga. L. 1982, p. 2542, and which was ratified at the 1982 November general election under certain conditions; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1997. Tom Sherrill Representative District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Sherrill, who on oath deposes and says that he is the Representative from the 62nd District, and further deposes and says as follows: (1) That the attached 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 9, 1997.

Page 3596

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOM SHERRILL Representative, 62nd District Sworn to and subscribed before me, this 10th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. EVANS COUNTY BOARD OF EDUCATION; COMPENSATION. No. 51 (House Bill No. 275). AN ACT To amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, so as to change the compensation of the chairperson and members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, approved March

Page 3597

26, 1987 (Ga. L. 1987, p. 4782), as amended, is amended by striking in its entirety subsection (b) of Section 5 and inserting in lieu thereof the following: (b) The chairperson of the board shall be compensated in the amount of $200.00 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. Each member of the board other than the chairperson 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. The chairperson and each member shall also be reimbursed for actual expenses necessarily incurred in connection with the performance of their duties. Such compensation and expenses shall be paid from the funds of the Evans County School District. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF EVANS RESOLUTION OF THE EVANS COUNTY BOARD OF EDUCATION WHEREAS, the Evans County Board of Education is currently operating pursuant to local legislation designated as Senate Bill 303 (1987 Georgia Laws, pp 4782-4789 et seq.); and WHEREAS, Section 5(b) of said Act provides as follows: The chairman of the board shall be compensated in the amount of $200.00 per month and each member of the board other than the chairman shall be compensated in the amount of $100.00 per month. The chairman and each member shall also be reimbursed for actual expenses necessarily incurred in connection with the performance of their duties. Such compensation and expenses shall be paid from the funds of the Evans County School District.; and WHEREAS, the Evans County Board of Education is of the unanimous opinion that said local legislation should be amended in order to provide for compensation to the board members and chairman based upon meetings attended rather than on a monthly basis, it being the consensus

Page 3598

of the board that such a change will more fairly compensate the board members and will prevent payment for meetings not attended. NOW THEREFORE, the Evans County Board of Education, by unanimous resolution, hereby requests the Legislature of the State of Georgia to delete the first sentence of Section 5(b) and to substitute in place thereof the following: The chairman of the board shall be compensated in the amount of $200.00 for each board meeting attended and each member of the board other than the chairman shall be compensated in the amount of $100.00 for each board meeting attended. It is requested that Representative Terry Barnard and Senator Jack Hill take such steps as are necessary to introduce and assure the passage of this amendment. SO RESOLVED this 11th day of November, 1996. /s/ William J. Griner, Chairman Evans County Board of Education Attest: /s/ Danny Scott, Acting Superintendent of Schools and Clerk of the Board of Education STATE OF GEORGIA COUNTY OF EVANS RESOLUTION OF THE EVANS COUNTY BOARD OF COMMISSIONERS WHEREAS, the Evans County Board of Education has passed a resolution requesting that local legislation be introduced and passed to change the compensation for members of the board of education and its chairman from a monthly basis to a per meeting basis; and WHEREAS, the Evans County Board of Education has requested that the Evans County Board of Commissioners express its approval for this local legislation; NOW THEREFORE, it is hereby resolved by the Evans County Board of Commissioners that the proposed change, as shown on the attached resolution from the Evans County Board of Education, be sponsored and promoted by Representative Terry Barnard and Senator Jack Hill. SO RESOLVED this 5th day of December, 1996. /s/ Charles Oglesby Chairman Evans County Board of Commissioners
Page 3599

Attest: /s/ Edytha L. Godbee Clerk, Evans County Board of Commissioners Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing for the composition of the Board of Education of Evans County and for the election of the members of said board, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, so as to change the compensation of the chairperson and members of the board of education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 10 day of January, 1997. Honorable Terry Barnard Representative, 154th District 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 the Representative from the 154th District, and further deposes and says as follows: (1) That the attached 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: January 16, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. - The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area

Page 3600

proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRY E. BARNARD Representative, 154th District Sworn to and subscribed before me, this 27th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB COUNTY PROBATE COURT; JUDGE; CLERK; COMPENSATION. No. 58 (House Bill No. 430). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3627), so as to change the compensation of the judge and the clerk of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3627), is amended by striking in its entirety Section 2A and inserting in its place a new Section 2A to read as follows: SECTION 2A. The judge of the Probate Court of Cobb County shall receive an annual salary of $78,500.00, to be paid in equal monthly installments from the funds of Cobb County. SECTION 2. Said Act is further amended by striking in its entirety the second sentence of Section 3 and inserting in its place a new sentence to read as follows:

Page 3601

The clerk of the probate court shall be compensated in the amount of $51,125.00 per annum, payable in equal monthly installments from the funds of Cobb County. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act changing the compensation of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative 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 the Representative from the 29th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

Page 3602

was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ RANDY SAUDER Representative, 29th District Sworn to and subscribed before me, this 31st day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENT. No. 59 (House Bill No. 432). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5263), and an Act approved March 29, 1995 (Ga. L. 1995, p. 4013), so as to change the provisions relating to the supplement to be paid to each of the judges of the superior court of said circuit and an additional supplement for the chief judge of said circuit; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5263), and an Act approved March 29, 1995 (Ga. L. 1995, p. 4013), is amended by striking in their entirety subsections (a) and (b) of Section 4H and inserting in lieu thereof the following: (a) Each judge of the Superior Court of the Cobb Judicial Circuit shall receive an annual supplement of $27,518.00, payable in equal monthly installments from the funds of Cobb County. (b) In addition to the supplement provided for in subsection (a) of this section, the chief judge of the Superior Court of the Cobb Judicial Circuit shall receive $3,800.00 annually, payable in equal monthly installments from the funds of Cobb County.

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SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act changing the compensation of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative 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 the Representative from the 29th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

Page 3604

as required by Code Section 28-1-14.1. s/ RANDY SAUDER Representative, 29th District Sworn to and subscribed before me, this 31st day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COOK COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 60 (House Bill No. 436). AN ACT To amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, is amended by striking paragraph (1) of subsection (a) of Section 17 in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The chairperson of the board of commissioners shall receive a salary of $600.00 per month; and each other member of the board shall receive a salary of $500.00 per month. Each member of the board, including the chairperson, shall also be paid actual expenses incurred by him or her in carrying on county business while outside Cook County. The expenses outside the county shall be paid only when authorized by the whole board and submitted as an itemized statement to the clerk of the board. Said salary and expenses shall be paid from the funds of the county each month. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Page 3605

RESOLUTION TO INCREASE COUNTY COMMISSIONERS' SALARY WHEREAS, the Cook County Commissioners are presently paid $325 per month, with the Chairman receiving $350 per month; and WHEREAS, the Commissioners expend a great deal of time and effort dealing with County business, in addition to attending regularly scheduled board meetings; and WHEREAS, the Cook County Commissioners have not received a salary increase since 1987. NOW, THEREFORE, BE IT RESOLVED AND RESPECTFULLY REQUESTED that local legislation be introduced during the 1997 session of the General Assembly for a increase in Commissioners' salaries to $500 per month and Chairman of the Commission $600 per month. BE IT ORDAINED this the 6 day of January, 1997, by the governing authority of Cook County, Georgia. COOK COUNTY BOARD OF COMMISSIONERS Tim E. Giddens Michael Dinnerman Marshall R. Bennett Willie Batchelor Frank O'Quinn Glynda Hemby Glynda Hemby, County Clerk CERTIFICATION I hereby certify that the foregoing is a true and correct copy of an original resolution duly adopted by the governing authority of Cook County on this 6 day of January, 1997. In witness whereof, I hereunto set my hand and affix the seal of the County, this the 6 day of January, 1997. /s/ Glynda Hemby, County Clerk (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627). As amended, so as to change the compensation of the commission members and chairperson; and for other purposes. This 26th day of January, 1997. Honorable Hanson Carter Representative, 166th District
Page 3606

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 the Representative from the 166th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Adel News-Tribune, which is the official organ of Cook County, on the following date: January 26, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HANSON CARTER Representative, 166th District Sworn to and subscribed before me, this 27th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. MILLER COUNTYBOARD OF EDUCATION; TERMS. No. 61 (House Bill No. 448). AN ACT To amend an Act changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4713), so as to provide for staggered terms of office; to provide for related matters; to provide for the submission of this Act to the United States Attorney General for approval; 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 changing the method of selecting the members of the board of education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529), as amended, particularly by an Act approved April 9, 1981 (Ga. L. 1981, p. 4713), is amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. (a) Those members of the board of education serving in office on the effective date of this Act, or any person selected to fill a vacancy in such office, shall continue to serve until the expiration of the terms for which they were elected, which is December 31, 1998, and until their successors are elected and qualified. (b) The election and terms of office of the first members of the board of education elected under the provisions of this Act shall be as follows: (1) At the primary and general elections conducted in 1998 at which members of the board of education are elected, the members of the board elected to represent Education Districts 2 and 4 shall each be elected for terms of office of four years and until their successors are elected and qualified; and (2) At the primary and general elections conducted in 1998 at which members of the board of education are elected, the members of the board elected to represent Education Districts 1, 3, and 5 shall each be elected for terms of office of two years and until their successors are elected and qualified. (c) Members elected pursuant to the provisions of subsection (b) of this section shall take office on the first day of January following their election. Successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and they shall take office on the first day of January immediately following their election and they shall each serve for terms of office of four years and until their successors are elected and qualified. SECTION 2. The board of education of Miller County is authorized and directed to instruct the attorney for the board to submit this Act to the United States

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Attorney General for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act changing the method of selecting the members of the Board of Education of Miller County, approved March 21, 1968 (Ga. L. 1968, p. 2529) as amended, particularly by an Act approved April 9, 1981, (Ga. L. 1981, p. 4713); and for other purposes. This legislation is being introduced at the request of the Miller County Board of Education pursuant to a motion, duly made, seconded and passed at their regular meeting held October 14, 1996, and duly recorded in the minutes of said meeting. This 22nd day of January, 1997. Representative Dan E. Ponder, Jr. District 160 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dan E. Ponder, Jr. who on oath deposes and says that he is the Representative from the 160th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of Miller County, on the following date: January 30, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or other wise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 3609

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DAN E. PONDER, JR. Representative, 160th District Sworn to and subscribed before me, this 3rd day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB COUNTYSUPERIOR COURT; DEPUTY CLERK; COMPENSATION. No. 62 (House Bill No. 457). AN ACT To amend an Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4209), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4126), so as to change the compensation of the deputy clerk of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act changing the compensation of the clerk of the Superior Court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4209), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4126), is amended by striking subsection (b) of Section 4 thereof and inserting in its place a new subsection (b) to read as follows:

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(b) The clerk of the superior court shall be allowed a deputy clerk whose annual salary shall be $58,052.00, to be paid in equal monthly installments from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall, on the date of his or her qualification for such office in either a primary or general election, certify to the judge of the Probate Court of Cobb County the name of the person he or she shall appoint as deputy clerk in the event he or she is elected to the office of clerk; and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he or she was so named. In the event of the death or removal from office of said deputy clerk, the clerk of the superior court shall have 30 days from said date of death or removal from office of said deputy clerk to certify to the judge of the Probate Court of Cobb County the name of the new deputy clerk to be appointed. In addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to perform properly the functions and duties of the office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act changing the compensation of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislature GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from the 36th District, and further deposes and says as follows: (1) That the attached 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 27, 1996.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ EARL EHRHART Representative, 36th District Sworn to and subscribed before me, this 4th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF COMMERCE CORPORATE LIMITS. No. 63 (House Bill No. 461). AN ACT To amend an Act entitled An Act to provide a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, so as to annex certain property into the corporate limits of said municipality; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to provide a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended,

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is amended by inserting at the end of Section 1.11 of such Act the following: (c) The corporate boundaries of the city shall also include the following property: Commence at the intersection of the easterly edge of the right-of-way of Veterans Memorial Parkway with the centerline of the Southern Railroad right-of-way; thence in a northerly direction along the said easterly edge of the right-of-way of Veterans Memorial Parkway to its intersection with the northerly edge of the right-of-way of Mt. Olive Road; thence along said northerly edge of the right-of-way of Mt. Olive Road in a southwesterly direction to its intersection with the northerly edge of the right-of way of Mt. Olive Church Road; thence along the said northerly edge of the right-of-way of Mt. Olive Church Road in a southwesterly direction to its intersection with the northerly edge of the right-of-way of the Old Maysville Road; thence along the said northerly edge of the right-of-way of the Old Maysville Road in a northwesterly direction to its intersection with the centerline of the right-of-way of the Southern Railway; thence along the centerline of the Southern Railway in a southeasterly direction to the true point of beginning. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Notice of Intent Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a Bill to annex certain lands into the municipal boundaries of the City of Commerce, Georgia; and for other purposes. This 13th day of January, 1997. City of Commerce By: Charles L. Hardy, Jr., Mayor GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Scott Tolbert, who on oath deposes and says that he is the Representative from the 25th District, and further deposes and says as follows:

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(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Jackson Herald, which is the official organ of Jackson County, on the following date: January 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ SCOTT TOLBERT Representative, 25th District Sworn to and subscribed before me, this 4th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. GWINNETT JUDICIAL CIRCUITJUDGES; SALARY SUPPLEMENTS. No. 64 (House Bill No. 503). AN ACT To amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, so as to change the provisions relating to the salary supplements for the judges of the Superior Court of the Gwinnett Judicial Circuit; 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 Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960, p. 110), as amended, is amended by striking Section 2A of said Act and inserting in lieu thereof a new Section 2A to read as follows: SECTION 2A. Effective January 1, 1998, the compensation and allowances of the judges of the Superior Court of the Gwinnett Judicial Circuit shall be as provided by law and in addition thereto the salary of each judge shall be supplemented in the amount of $29,750.00 per annum from the funds of Gwinnett County. Such supplement shall be payable in equal monthly installments. The governing authority of Gwinnett County is authorized and directed to the compensation provided in this section. In addition to the above provisions, the governing authority of Gwinnett County is authorized to pay the superior court judges of the Gwinnett Judicial Circuit such amount as shall be fixed by the governing authority. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 Session of the General Assembly of Georgia a bill to amend an Act creating the Gwinnett Judicial Circuit and providing for its powers, duties, jurisdiction, and officers, approved February 12, 1960 (Ga. L. 1960), as amended, so as to change the provisions relating to the supplement of the salary of each of the judges of the Superior Court of the Gwinnett Judicial Circuit; to provide an effective date; to repeal conflicting laws, and for other purposes. This 24th day of January, 1997. Charles Bannister Representative, District 77 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 the Representative from the 77th District, and further deposes and says as follows:

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(1) That the attached 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: January 29, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHARLES E. BANNISTER Representative, 77th District Sworn to and subscribed before me, this 4th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. GREENE COUNTY PROBATE COURT; JUDGE; NONPARTISAN NOMINATION AND ELECTION. No. 65 (House Bill No. 540). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Greene 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 provide for an effective date; to repeal conflicting laws; and for other purposes.

Page 3616

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The judge of the Probate Court of Greene County shall be elected by the qualified voters of Greene 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 2000 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. 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. This Act shall become effective on January 1, 1998.

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SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the judge of the Probate Court of Greene 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 provide for an effective date; to repeal conflicting laws; and for other purposes. This 3rd day of February, 1997. 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 the Representative from the 11th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Herald Journal, which is the official organ of Greene County, on the following date: February 3, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ R. M. CHANNELL Representative, 111th District Sworn to and subscribed before me, this 10th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. DOOLY COUNTY TAX COMMISSIONER; COMPENSATION. No. 66 (House Bill No. 578). AN ACT To amend an Act entitled An Act to abolish the offices of tax collector and tax receiver in the County of Dooly, approved February 25, 1949 (Ga. L. 1949, p. 1628), as amended, particularly by an Act approved January 27, 1983 (Ga. L. 1983, p. 3646), so as to change the salary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to abolish the offices of tax collector and tax receiver in the County of Dooly, approved February 25, 1949 (Ga. L. 1949, p. 1628), as amended, particularly by an Act approved January 27, 1983 (Ga. L. 1983, p. 3646), is amended by striking in its entirety Section 3 and inserting in lieu thereof the following: SECTION 3. The salary of the tax commissioner of Dooly County shall be an amount established by the Board of Commissioners of Dooly County, but not less than the minimum salary established by general law for such office, and shall be paid in installments from the funds of Dooly County. The tax commissioner shall be authorized to employ assistants and clerical help and the salaries of those assistants and clerks shall be fixed by the Board of Commissioners of Dooly County. SECTION 2. This Act shall become effective on January 1, 1998.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. DOOLY COUNTY COMMISSIONERS REGULAR MEETING - JANUARY 9, 1997 The regular meeting of the Board of Commissioners of Dooly County was held this date at the Conference Room at the Dooly County Public Library in Vienna with Chairman West, Vice-Chairman Daniels, Commissioner Hudson, Commissioner Mixon, Commissioner Ward and Clerk Sanders present. Also present were News-Observer reporter Peggy King and Cordele Dispatch reporter Tony Britt. TAX COMMISSIONER SALARY On February 1, 1996, the Board had voted to have the method of compensation for the Tax Commissioner changed from a combination of fee and salary to a salary basis effective January 1, 1997. This required special legislation to be passed during the 1996 General Assembly, which was to be handled for the County by Rep. Johnny Floyd. Today, Clerk Sanders informed the Board that this legislation was never passed during the 1996 General Assembly. Rep. Floyd reports that this legislation was introduced and read twice in the House, but died in Committee due to the lack of signatures by all three local Representatives at that time. Rep. Floyd speculates that the Committee failed to notify the other Representatives that their signatures were needed for this legislation. As a result, the method of compensation for the Tax Commissioner will remain a combination of fee and salary for the remainder of 1997. Upon motion by Hudson and second by Mixon, the Board voted unanimously to reapprove the Resolution adopted at the February 1, 1996 meeting. The Board agreed to request Rep. Floyd to have the necessary legislation passed during the 1997 General Assembly to change the method of compensation for the Tax Commissioner. I hereby Certify that the attached is a true, full and complete Copy of the within document now on file and of record in the Office of the Board of Commissioners of Dooly County; Given under my Official Signature. Date: 2/10/97 By: /s/Stephen C. Sanders Clerk NOTICE OF INTENTION TO INTRODUCE LEGAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an Act entitled

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An Act to abolish the offices of tax collector and tax receiver in the County of Dooly, approved February 25, 1949 (Ga. L. 1949, p. 1628), as amended, particularly by an Act approved January 27, 1983 (Ga. L. 1983, p. 3646); and for other purposes. This 15th day of January, 1997. Johnny Floyd Representative, 138th 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 the Representative from the 138th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Vienna News-Observer, which is the official organ of Dooly County, on the following date: January 23, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JOHNNY FLOYD Representative, 138th District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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TATTNALL COUNTY PROBATE COURT; JUDGE; NONPARTISAN NOMINATION AND ELECTION. No. 67 (House Bill No. 582). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Tattnall 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 2000 and every four years thereafter, the judge of the Probate Court of Tattnall County shall be nominated and elected by the qualified voters of Tattnall 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. GEORGIA, TATTNALL COUNTY: RESOLUTION WHEREAS, the Superior Court Judges of Tattnall County, Georgia and the State Court Judge of Tattnall County, Georgia run in non-partisan elections. However, the Probate Judge of Tattnall County, Georgia and the Magistrate Judge of Tattnall County, Georgia are required to run for office with party affiliation; and WHEREAS, the Probate Judge and the Magistrate Judge feel that it would be in the best interest of the taxpayers of Tattnall County that the Probate Judge and Magistrate Judge run in a non-partisan election; and WHEREAS, it appears to the Commissioners of Tattnall County, Georgia that it would be in the best interest of the citizens that the laws governing the method of election of the Probate and Magistrate Judges be changed to require non-partisan elections. NOW, THEREFORE, BE IT RESOLVED that the Tattnall County Board of Commissioners resolve that it would be in the best interest of the citizens of Tattnall County that the Probate and Magistrate Judges run in a

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non-partisan election. Be it further resolved that the Tattnall County State Representatives, Honorable Jack Hill and Honorable Terry Barnard, introduce legislation accordingly. This 12th day of February, 1997. TATTNALL COUNTY BOARD OF COMMISSIONERS s/ JERRY BURKHALTER, CHAIRMAN s/ EDWARD KENNEDY, COMMISSIONER s/ WILMER BEECHER, COMMISSIONER s/ PAT EASTERLING, COMMISSIONER s/ MOURICE COLLINS, COMMISSIONER s/ BILL KICKLIGHTER, COMMISSIONER ATTEST: /s/ Faye F. Hussey FAYE F. HUSSEY, CLERK TATTNALL COUNTY COMMISSIONERS (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly a bill to provide for the nonpartisan nomination and election of the Judge of the Probate Court of Tattnall County; to provide for related matters; to repeal conflicting laws; and for other purposes. This 27 day of January, 1997. Honorable Terry E. Barnard Representative, 154 District 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 the Representative from the 154th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Tattnall Journal, which is the official organ of Tattnall County, on the following date: January 30, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

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A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRY E. BARNARD Representative, 154th District Sworn to and subscribed before me, this 3rd day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. TOWN OF TRION MAYOR AND COUNCIL; RECONSTITUTION; ELECTIONS; TERMS; VACANCIES. No. 68 (House Bill No. 591). AN ACT To amend an Act incorporating the Town of Trion, approved December 18, 1897 (Ga. L. 1897, p. 352), as amended, so as to reconstitute the mayor and town council of the Town of Trion and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office the mayor, chief judge of the municipal court, and certain members of such council and provide for the expiration of their terms; to provide for the election of mayor, council, and chief judge of the municipal court; to provide for the qualifications for office; to provide for successors; to provide for terms; to provide for filling of vacancies in office; to provide for related matters; to provide for submission for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act incorporating the Town of Trion, approved December 18, 1897 (Ga. L. 1897, p. 352), as amended, is amended by adding a new Section 13B to read as follows: SECTION 13B. (a) The provisions of this section shall supersede any other contrary provision of the charter of the Town of Trion. (b) The town council of the Town of Trion which was elected and which exists is continued in existence but on and after January 1, 1998, shall be constituted as provided in this section. The mayor and council so continued and constituted, sometimes referred to in this section as the council, shall continue to have the power, duties, rights, obligations, and liabilities of that mayor and council as existed prior to the effective date and shall be subject to all constitutional and general law statutory provisions relating to mayor and council and those provisions of this charter not in conflict with this section. (c) The town council of the Town of Trion shall consist of five members, all of whom shall be elected at large from the Town of Trion. Those members of the town council of the Town of Trion who are serving as such by virtue of their election in November, 1995, in the general election 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, 1999. (d) No person shall be a member of the council 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. (e) In order to be elected as a member of the council, a person must have resided in the Town of Trion for at least six months prior to election thereto. Only electors who are residents of the Town of Trion may vote for a member of the council. A person elected as a member of the council must continue to reside in the town during that person's term of office or that office shall thereupon become vacant. (f) For the purpose of electing the members of the council of the Town of Trion, there shall be five seats of the council, designated as Council Seats 1 through 5. A candidate shall designate the seat for which he or she offers at the time of qualifying. Members may reside anywhere within the town and shall be elected by the electors of the entire town.

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Councilmembers for Seats 1, 2, and 3 of the reconstituted council of the Town of Trion shall be elected at the November, 1997, election which shall be conducted at the time of the general municipal election in 1997. In the election for members of the council, the candidate receiving the highest number of votes for each council seat shall be declared elected to such council seat. Those councilmembers presently serving as such by virtue of their election in the November, 1995, election shall be designated Council Seats 4 and 5, and their respective successors shall be elected in the general municipal election in the November, 1999, election prior to their terms expiring. Those members of the council elected to Seats 1, 2, and 3 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 until the election and qualification of their respective successors. Those and all future successors to 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 the election, and shall serve for terms of office of four years and until their respective successors are elected and qualified. (g) The mayor of the Town of Trion shall be elected at the general municipal election in November, 1997, and shall take office the first day of January immediately following that election and shall serve a term of office of four years until his or her respective successor is elected and qualified. The person elected as mayor must continue to reside in the Town of Trion during his or her term of office or that office shall thereupon become vacant. Only electors who are residents of the Town of Trion may vote for the mayor. Except as otherwise provided for in this section, the provisions of the charter with respect to the powers and duties of the mayor and council shall remain the same. (h) The chief judge of the municipal court, formerly known as the city recorder, shall be elected in the general municipal election held in November, 1999, and every four years thereafter for a term of four years beginning the first day of January next following and until a successor is elected and qualified. Only electors who are residents of the Town of Trion may vote for the chief judge of the municipal court. Except as otherwise provided for in this section, the provisions of the charter with respect to the powers and duties of the chief judge of the municipal court shall remain the same. (i) All members of the council, the mayor, and the chief judge of the municipal court shall be elected in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code,' by plurality vote in nonpartisan elections as provided in Code Section 21-3-95 of the O.C.G.A. (j) In the event that the office of mayor or councilmember shall become vacant for any cause whatsover, the city council or those remaining shall

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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. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the Town of Trion to submit this Act to the United States Attorney General for approval. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, but only if Code Section 1-3-4.1 of the Official Code of Georgia Annotated is amended at the 1997 regular session of the General Assembly to allow such effective date; otherwise, this Act shall not become effective and shall stand repealed in its entirety on July 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 1997 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of Trion, approved December 18, 1897, (Ga. L. 1897, p. 352, as amended, so as to reconstitute the Mayor and Town Council of the Town of Trion and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions; to continue in office certain the Mayor and members of such Council and provide for the expiration of their terms; to provide for the election of Mayor and Council; to provide for the qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for compensation and expenses; to provide for the expiration of the term of the Mayor and Council Members; to provide for the appointment of successors thereto and terms of employment thereof; to provide for submission; to provide for effective dates; to repeal conflicting laws; and for other purposes. This 4th day of February, 1997. Honorable Tim Perry, Representative 11th District
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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 the Representative from the 11th District, and further deposes and says as follows: (1) That the attached 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 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TIM PERRY Representative, 11th District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. LIBERTY COUNTY STATE COURT; JUDGE; SOLICITOR-GENERAL; COMPENSATION. No. 70 House Bill No. 598). AN ACT To amend an Act establishing the State Court of Liberty County (formely the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3899) and by an Act approved April 5, 1994 (Ga. L. 1994, p. 4824), so as to change the compensation of the judge and solicitor of the said 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 establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3899) and by an Act approved April 5, 1994 (Ga. L. 1994, p. 4824), is amended by striking Section 4A and inserting in its place a new Section 4A to read as follows: SECTION 4A. The judge of the State Court of Liberty County shall receive a salary of $36,000.00 per annum, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The judge of said court shall receive no other compensation for said judge's service. The judge shall not be permitted to practice law in said court but may practice in other courts. SECTION 2. Said Act is further amended by striking Section 5A and inserting in its place a new Section 5A to read as follows: SECTION 5A. The solicitor of the State Court of Liberty County shall be compensated in the amount of $36,000.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which the solicitor has heretofore received except those provided in Section 6. The solicitor shall not be allowed any additional reimbursement for secretarial help. In the absence or disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem, who shall be paid the amount on a pro rata basis which the solicitor would have received had said solicitor been serving. SECTION 3. This Act shall become effective on January 1, 1998, or, if the provisions of Code Section 1-3-4.1 of the O.C.G.A. which provide that no Act providing for an increase in expenditures by or loss of revenue to counties and municipalities of Georgia shall be effective until the first day of January following passage of the Act are amended or repealed such that this Act may become effective on an earlier date, this Act shall become effective on

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the first day of the first month following its approval by the Governor or its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF LIBERTY RESOLUTION OF THE LIBERTY COUNTY BOARD OF COMMISSIONERS WHEREAS, Leon M. Braun, Jr., as State Court Judge of Liberty County, and Edward L. Colby, Jr., as Solicitor of State Court of Liberty County, did approach this body and request a salary increase from $24,000.00 to $36,000.00 per annum; and WHEREAS, this body agreed to said raise and has implemented it into the 1997 budget; and WHEREAS, the raise requires legislation authorizing same; and WHEREAS, it is the desire of this Commission that said legislation be introduced; NOW THEREFORE, it is hereby resolved that the Liberty County Board of Commissioners hereby requests that the legislative delegation introduce legislation which will raise the salary for the State Court Judge and State Court Solicitor from $24,000.00 to $36,000.00 per annum. This increase is to become effective January 1, 1997. SO ADOPTED, this the 7 day of January, 1997. LIBERTY COUNTY BOARD OF COMMISSIONERS s/ M. L. Coffer, Chairman Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Liberty County (formerly the City Court of Hinesville), approved August 9, 1916 (Ga. L. 1926, p. 232), as amended, particularly by an Act approved March 14, 1983 (Ga. L. 1983, p. 3899) and by an Act approved April 5, 1994 (Ga. L. 1994, p. 4824), so as to change the compensation of the Judge and Solicitor of the said court; and for other purposes.

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This 31st day of January, 1997. Representative Buddy DeLoach 172nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the Representative from the 172nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier, which is the official organ of Liberty County, on the following date: January 31, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BUDDY DELOACH Representative, 172nd District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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WILCOX COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 71 (House Bill No. 601). AN ACT To amend an Act creating the Board of Commissioners of Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, so as to change the provisions relating to the compensation of the 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 Wilcox County, approved March 24, 1939 (Ga. L. 1939, p. 782), as amended, is amended by striking subsection (a) of Section 7 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairperson of the Board of Commissioners of Wilcox County shall receive as his or her compensation a sum not to exceed $600.00 per month which shall be paid from the funds of Wilcox County. Each of the other members of the Board of Commissioners of Wilcox County shall receive as his or her compensation a sum not to exceed $400.00 per month which shall be paid from the funds of Wilcox County. Such compensation shall be authorized by ordinance or resolution duly adopted by the board. The board of commissioners, by ordinance or resolution duly adopted by the board, shall be authorized to provide additional compensation payable from county funds for the chairperson of the board of commissioners. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. MINUTES OF THE CALLED MEETING OF THE WILCOX COUNTY BOARD OF COMMISSIONERS ON AUGUST 28, 1996 A motion was made by H. L. Conner second by Marcy Stone that the Board instruct County Attorney Pujadas to check on introducing legislation for a salary increase for commission chairman to $600 per month and other commissioners to $400 per month. Motion carried. There being no further business, the meeting was adjourned.

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s/ Leslie W. Reid Chairman Read and approved this 3rd day of September, 1996. s/ Leslie W. Reid Chairman ATTEST: s/ Hazel Keen Clerk NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1997 Session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Wilcox County, Georgia, Ga. Laws 1939 p. 782, as amended; to provide for the compensation of the Commission, and for other purposes. This 30th day of December, 1996. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who on oath deposes and says that he is the Representative from the 156th District, and further deposes and says as follows: (1) That the attached 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 7, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ NEWT HUDSON Representative, 156th District Sworn to and subscribed before me, this 5th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF ALPHARETTA CORPORATE LIMITS. No. 72 (House Bill No. 602). AN ACT To amend an Act creating a new charter for the City of Alpharetta approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3673), so as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Alpharetta approved April 9, 1981 (Ga. L. 1981, p. 4609), as amended, particularly by an Act approved March 12, 1986 (Ga. L. 1986, p. 3673), is amended by adding at the end of Section 1.11 a new subsection to read as follows: (e) In addition to the area now embraced within the corporate limits of the City of Alpharetta, the following described property shall be included within said corporate limits: EXHIBIT A All that tract or parcel of land lying and being in Land Lot 1135 of the 2nd District, 2nd Section, of Fulton County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin found (1 inch C/T) on the southwesterly right of way of Broadwell Road (60 foot right of way) where it intersects with the Land Lot line that divides Land Lot 1134 and 1171;

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thence south 89 degrees 45 minutes 32 seconds west 180.53 feet along the Land Lot line that divides Land Lots 1134 and 1171, to an iron pin found on the Land Lot line (3/4 inch C/T); thence north 04 degrees 13 minutes 00 seconds west 401.95 feet to an iron pin found (3/4 inch C/T) on the southeasterly right of way of Crabapple Road (50 foot right of way) at that point; thence northeasterly along said right of way 72 degrees 01 minutes 30 seconds east 197.97 feet to a P/K nail set at the intersection of the southeasterly right of way of Crabapple Road (50 foot right of way) and the southwesterly right of way of Broadwell Road (60 foot right of way); thence south 02 degrees 42 minutes 14 seconds east 461.71 feet to an iron pin found at the POINT OF BEGINNING, said tract being 1.843 acres and the same property shown on a survey prepared for Crabapple First Baptist Church, Inc., by Brumbelow-Reese and Associates, Inc., on December 1, 1994. 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 1997 session of the General Assembly of Georgia a bill to amend at Act creating a new charter for the City of Alpharetta, approved April 9, 1981 (Ga. L. 1981, p. 4809), as amended: and for other purposes. This 7 day of February, 1997 /s/ Mark Burkhalter 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 the Representative from the 41st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 7, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

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_ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MARK BURKHALTER Representative, 41st District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997 FULTON COUNTY LIBRARY BOARD OF TRUSTEES; QUALIFICATIONS. No. 73 (House Bill No. 606). 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 April 5, 1995 (Ga. L. 1995, p. 4084), so as to change the qualifications of members of the library board of trustees; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the establishment of a county-wide library system in Fulton County, approved April 12, 1982 (Ga. L. 1982, p. 4174), as

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amended, particularly by an Act approved April 5, 1995 (Ga. L. 1995, p. 4084), is amended by striking subsection (d) of Section 4 and inserting in lieu thereof a new subsection to read as follows: (d) The board of trustees shall nominate two persons to fill each of five positions on the board of trustees, and of the two persons so nominated for each position the Board of Commissioners of Fulton County shall appoint one. The nomination and appointment of members under this subsection shall be made such that of these five members at least one shall at all times be a resident of unincorporated south Fulton County and, on and after January 1, 1998, beginning with the next vacancy on the board which occurs among members appointed pursuant to this subsection, one shall at all times be a resident of unincorporated north Fulton County. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend at 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; and for other purposes. This 7 day of February, 1997. /s/ Mark Burkhalter 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 the Representative from the 41st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report, which is the official organ of Fulton County, on the following date: February 7, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

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or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MARK BURKHALTER Representative, 41st District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. EMANUEL COUNTY BOARD OF COMMISSIONERS; VACANCIES. No. 74 (House Bill No. 608). AN ACT To amend an Act creating a board of commissioners of Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended, so as to change the provisions relating to vacancies; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners of Emanuel County, approved August 18, 1919 (Ga. L. 1919, p. 646), as amended, is amended by striking Section 16 thereof and inserting in its place the following: SECTION 16. (a) If a vacancy on the board of commissioners of Emanuel County occurs at any time except during the last six months of the term of office,

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the election superintendent of Emanuel County shall call and conduct a special election at the next date at which a special election may be called and conducted following that vacancy as provided by general law. The person elected to fill such vacancy shall serve for the remainder of the unexpired term and until a successor is elected and qualified. (b) When a vacancy on such board occurs during the last six months of a term of office or when a vacancy exists on such board during the interim period between the creation of the vacancy and the election and qualification of a successor to fill the vacancy, the remaining members of the board of commissioners of Emanuel County shall constitute the governing authority of the county until a successor is elected and qualified at the next general election or special election, respectively, and until such successor is qualified. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, EMANUEL COUNTY RESOLUTION WHEREAS, the local legislation creating the existing Emanuel County Board of Commissioners provides that vacancies on the Commission shall be filled by a majority vote of the remaining Commissioners and, WHEREAS, the Emanuel County Board of Commissioners believes that the voters in the district in which the vacancy occurs should have the right to elect a replacement, NOW, THEREFORE, BE IT HEREBY RESOLVED by the Emanuel County Board of Commissioners that Representative Larry J. (Butch) Parrish is requested to introduce local legislation providing for a special election to fill vacancies in the future which occur on the Emanuel County Board of Commissioners. SO RESOLVED this 21 day of January, 1997. EMANUEL COUNTY BOARD OF COMMISSIONERS s/ Robert S. Reeves ITS CHAIRMAN ATTEST s/Harriett S. Lawson CLERK
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s/ Roger Shaw WITNESS s/ Sandra B. Long NOTARY PUBLIC My Commission Expires March 30, 1998 Georgia, Emanuel County Notice Of Intention To Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend the local act creating the Emanuel County Board of Commissioners so as to provide for the filling of vacancies which occur on the commission by special election instead of appointment by the remaining member of the board. This 31st day of January, 1997. Larry J. (Butch) Parrish State Representative. (F5c). 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 the Representative from the 144th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Blade, which is the official organ of Emanuel County, on the following date: February 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ LARRY J. PARRISH Representative, 144th District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. MERIWETHER COUNTY AIRPORT AUTHORITY CREATION. No. 75 (House Bill No. 617). AN ACT To create and establish the Meriwether County Airport Authority; to provide a short title; to declare the need for such authority; to provide for the status of the authority as a public body; to provide exemptions from taxation; to provide immunity from certain liability; to declare the public purposes of the authority; to provide for members of the authority and their terms; to provide for the election of a chairperson and vice chairperson, the holding of meetings, quorum requirements, and rules of procedure; to provide for compensation of members; to provide for the resignation and removal of members; to provide for filling vacancies; to provide for compensation of members; to provide for the avoidance of conflicts of interest; to provide for the employment of an executive director, a treasurer, a secretary, and other administrative officers and employees; to provide for powers of the authority, including the power to issue and validate revenue bonds under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; to provide for the execution of revenue bonds, contracts, leases, and other legal instruments; to provide for the prescription and revision of rates, fees, tolls, and charges for services, facilities, and commodities; to provide additional powers relating to credit enhancement and liquidity facilities relating to revenue bonds; to provide for the promulgation of regulations in the nature of bylaws and to provide for regulations relating to the airports and landing fields and the exercise of police power at the airports and landing fields; to provide that certain moneys shall be treated as public trust funds; to negate personal liability of members; to provide that authority property is public property; to provide for the transfer by Meriwether County of airports and landing fields and related property and related leases and contracts to the authority subject to related liabilities; to provide protection to third parties upon contract transfers; to provide for the disposition of surplus property and the disposition of property upon dissolution; 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. Short title. This Act shall be known and may be cited as the Meriwether County Airport Authority Act. SECTION 2. Determination of need for authority. It is determined and declared that the need for adequate airports and landing fields to serve the air transportation needs of Meriwether County, the need to eliminate airport hazards, the need to provide for appropriate management and operation of such airports and landing fields, and the need to raise capital for additions, extensions, and improvements to the existing airport and landing field facilities in Meriwether County and the acquisition, construction, and equipping of any new airports and landing fields which might hereafter be needed requires the establishment of an airport authority in Meriwether County. It is further determined and declared that the establishment of such airport authority is necessary and essential to ensure the welfare, safety, and convenience of citizens of the State of Georgia and Meriwether County and to ensure the proper economic development of said state and county. SECTION 3. Declaration of public purpose. The purposes and objectives of this Act and the airport authority created under this Act shall be to meet the needs recognized in Section 2 of this Act; to ensure the orderly and proper development, expansion, operation, maintenance, and use of the county's existing airport and landing field facilities; to ensure that the maximum public benefit is obtained from those airport and landing field facilities and any other airports and landing fields hereafter established; to ensure proper planning for and establishment of such additional airports and landing fields and expansions of existing airports and landing fields as may be needed in the future; and to promote trade, commerce, industry, and employment opportunities; and all of this to the end of providing the most effective and economical use of public airports and landing fields for the public welfare, safety, and convenience.

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SECTION 4. Definitions. As used in this Act, unless the context in which they are used requires otherwise, the term: (1) Airport means any airport as that term is defined in Article 2 of Chapter 3 of Title 6 of the O.C.G.A., as now or hereafter amended. (2) Airport hazard means any structure, terrain, or object of natural growth, or use thereof which obstructs the airspace required for the flight, landing, or taking off of aircraft to or from an airport or landing field, or any other thing that is hazardous to the flight, landing, or taking off of aircraft to or from an airport or landing field. (3) Authority means the Meriwether County Airport Authority, which is created by this Act. (4) Cost of project, when used in relation to any airport, landing field, or any portion thereof, means the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired, including the payment or reimbursement of reasonable actual costs incurred as a result of utility relocations when such relocations are made necessary by the project; the cost of all machinery, equipment, financing charges, interest prior to and during construction, and debt service reserves; the cost of engineering, architectural, fiscal, and legal expenses; the costs of plans and specifications; the cost of bond insurance, letters of credit, and other credit enhancement facilities and liquidity facilities; the cost of any qualified hedge, as such term is used in the federal income tax regulations; such other expenses as may be necessary or incident to the financing herein authorized; the construction of any project and improving the same and the placing of the same in operation; and includes any other cost, expense, financing cost, and reserve funding costs of the type which are included in cost under any one or more of Code Section 6-4-3, paragraph (2) of Code Section 36-62-2, and Code Section 36-82-63 of the O.C.G.A., as now or hereafter amended. 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 including the proceeds of any revenue bonds issued under the provisions of this Act for any such project or projects. (5) County means Meriwether County, Georgia, a political subdivision of the State of Georgia. (6) Landing field means any landing field as that term is defined in Article 2 of Chapter 3 of Title 6 of the O.C.G.A., as now or hereafter amended. (7) Project means one or more airports or landing fields, any portion of any airport or landing field, or facilities therefor to be

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acquired or constructed by the authority and all furniture, fixtures, and equipment relating to the foregoing which the authority designates as constituting a project. SECTION 5. Creation of authority, status, tax exemption, and sovereign immunity. (a) There is created a public body corporate and politic to be known as the Meriwether County Airport Authority, which shall be a political subdivision of the State of Georgia and an agency and instrumentality of the county, a political subdivision for purposes of Article 2 of Chapter 3 of Title 6 of the O.C.G.A., as now or hereafter amended, and a governmental body for purposes of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter amended, and which is intended to be a governmental unit for purposes of Section 103 and Section 141-150 of the Internal Revenue Code of 1986, as now or hereafter amended, and, as to the county, is intended to be a subordinated entity for purposes of Section 265(b) (3) (E) (ii) of the Internal Revenue Code of 1986, as now or hereafter amended. The authority shall not be a state institution, nor a department or agency of the state, but shall be an instrumentality created by the state, having a distinct corporate identity, which shall 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, as now or hereafter amended. (b) The authority shall have its principal office in the county and its legal situs or residence for the purposes of this Act shall be the county. (c) The authority's exercise of the powers conferred upon it in this Act shall constitute the performance of an essential governmental function for the public purposes stated in this Act. The properties of the authority, both real and personal, are declared to be public properties and the revenues, income, and moneys of the authority are declared to be public revenues, income, and moneys which properties, revenues, income, and moneys are to be used for the public purposes stated in this Act and for the public benefit and general welfare of the people of the county and not for the purpose of private benefit. The authority, all properties, to the extent of the authority's ownership thereof or other interest therein, and all revenues, income, and moneys of the authority shall be exempt from all taxes and special assessments of the state and all taxes and assessments of the cities, counties, and other political subdivisions thereof. The authority shall have all of the exemptions and exclusions from taxes that 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. The revenue bonds, revenue notes, revenue certificates, and similar evidences of indebtedness of the authority and the interest thereon and all capital lease (financing lease) obligations of the authority (and any

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certificates of participation therein) and the interest component of rent payable thereon shall have all of the exemptions and exclusions from taxes that are now granted to evidences of indebtedness and capital lease obligations of cities and counties and to the interest thereon and interest component thereof. (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. The authority may be sued to the same extent as private corporations on any indebtedness, lease, or contractual obligation of the authority. Suits and actions against the authority shall be brought only in the Superior Court of Meriwether County, Georgia, and any suit or action pertaining to validation of any bonds or other obligations issued or incurred by the authority shall likewise be brought in such court which shall have exclusive, original jurisdiction of such suits and actions. The real and tangible personal property of the authority shall not be subject to levy and sale under legal process; provided, however, that any person leasing real or personal property to the authority may enforce its right to terminate such lease for nonpayment of rent by the authority or other breach of conditions of such lease by the authority, whether or not such lease is classified for accounting purposes as (1) a true lease or operating lease or (2) as a capital lease (financing lease) or (3) installment purchase agreement. SECTION 6. Members and meetings. (a) The authority shall consist of five members who shall be natural persons who shall be at least 18 years of age, each of whom shall be a resident of the county. The board of commissioners of the county shall, by resolution, appoint the members of the authority. The initial members shall be appointed for staggered terms ending, respectively, one the last day in October of the years 1998, 1999, 2000, 2001, and 2002, respectively, one member being appointed for each respective term. Appointments of the successors of the members whose term is to expire on the last day of October of any particular year shall be made during such October with such appointment being effective as of the immediately succeeding November 1; such appointment shall be for a term of five years. Any member may be reappointed. Any member may resign at any time by filing a written notice of resignation with the board of commissioners of the county. Any member who ceases to be a resident of the county shall file written notice of such fact with the authority and with the board of commissioners of the county and upon such filing such member shall thereupon cease to be a member of the authority. In the event of a vacancy in the office of any member resulting from the death, resignation, removal

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of residency beyond the county, or otherwise of such member, the board of commissioners shall, by resolution, fill such vacancy by appointing a successor to fill such position for the unexpired balance of the term of the member whose office became vacant. (b) The authority shall hold an annual meeting each year at which the members shall elect a chairperson and a vice chairperson from its membership. The annual meeting of the authority in the year 1997 shall be held at a time and at a place selected by the board of commissioners of the county and specified in a notice of meeting mailed to all initial members following the adoption of the resolution of the board of commissioners of the county appointing the initial members of the authority. In each year thereafter, commencing in the year 1998, the annual meeting of the authority shall be held in November of such year at the place and time to be established by the regulations of the authority or, if no regulations have been adopted, the annual meeting shall be held in the chambers of the board of commissioners of the county at 2:00 P.M., county time, on the third Thursday in November. The regulations of the authority may provide for scheduled meetings on a monthly or other basis. The authority shall meet at such other times as may be necessary to transact the business coming before it. All meetings of the authority shall be held within the county and shall be open to the public in accordance with the laws of the state. Written minutes of all meetings shall be kept; and within 15 days following each meeting, the minutes shall be transcribed and a copy thereof shall be filed in the official records. 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. Meetings shall be conducted in accordance with Robert's Rules of Order. Three 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 regulations of the authority may only be adopted, repealed, or amended by majority vote of all members. All members present at a meeting, including the 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 (d) 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. (c) 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.

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(d) The provisions of Code Section 45-10-3 of the O.C.G.A., as now or hereafter amended, 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 Code Section 45-10-3 of the O.C.G.A., as now or hereafter amended, 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 (1) any interest or involvement by such member 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, (2) no member having a substantial interest or involvement may be present at that portion of any meeting of the authority during which discussion of such matter or action is conducted, and (3) no member having a substantial interest or involvement may participate in any decision of the authority relating to any such matter or transaction. As used in this subsection, a substantial interest or involvement shall mean any interest or involvement which reasonably may be expected to result in a direct financial benefit to such member, as determined by the authority, which determination shall be final and not subject to review. A member who has any 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 that question. Nothing contained in this subsection or Code Section 45-10-3 of the O.C.G.A., as now or hereafter amended, shall be deemed to prohibit any member from providing legal services to the authority, being paid for such services and related expenses, or participating in discussions relating to his or her engagement, the scope of services to be performed, the compensation to be paid, or related matters but such member shall not vote on such matters. SECTION 7. Executive director, secretary, treasurer, and other administrative officers and employees. The authority may appoint and fix the compensation of an executive director. The executive director shall be the chief executive and operating officer of the authority. Under the supervision of the authority, he or she shall be responsible for the operation, management, promotion, and development of all activities with which the authority is charged under this Act together with such other duties as may be prescribed by the authority, and he or she shall have such powers as are necessarily incident to the performance of his or her duties. The authority shall appoint and fix the compensation of a treasurer who shall have custody of all financial records and all moneys, funds, notes, bonds, and other securities of the authority and who shall have such other duties and responsibilities as the authority

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may prescribe. The authority shall appoint and fix the compensation of a secretary who shall have custody of the official records of the authority, other than financial records, and who shall have such other duties and responsibilities as the authority may prescribe. The authority may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. SECTION 8. Powers of the authority. The authority shall possess, subject to the conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act: (1) To adopt and alter a corporate seal and to sue and be sued; (2) To acquire by purchase, gift, grant, lease, or otherwise real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes; to use, rent, or lease the same as landlord or as tenant or as lessor or as lessee; to make contracts with respect to the use thereof; or to dispose of the same in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property shall be held only for the benefit of the public; (3) To exercise the power of eminent domain to acquire any real property or any rights or interests therein including any easements as necessary or convenient for the accomplishment of the purposes of this Act, including the elimination of airport hazards, in accordance with the provisions of any and all existing laws applicable to the exercise of such power. The authority shall pay for any property condemned under this power from its own funds, and in proceedings to condemn pursuant to this paragraph, the court having jurisdiction of the suit, action, or proceeding may enter such orders regarding the payment for such property or interest thereon as may be fair and just to the county, the authority, and the owners of the property being condemned; (4) To appoint, select, employ, and contract for the services of officers, agents, and employees including engineers, architects, building contractors, accountants, fiscal agents, attorneys, and such other persons, firms, or corporations which may be or become necessary or desirable to accomplish the purposes of this Act for such fees or compensation and under such terms and conditions as it deems appropriate;

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(5) To plan, acquire, establish, develop, construct, enlarge, improve, maintain, equip, operate, lease, regulate, protect, and police the airports, landing fields, and related facilities and to enter into any contracts, leases, or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to acquire, construct, equip, operate, and maintain the airports and landing fields, and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; (6) To contract with any persons, firms, or public or private corporations to supply goods, commodities, facilities, and services to the public, employees of the authority, and employees of air carriers, fixed base operators, and other commercial interests located at the airports and landing fields under such terms and conditions as it may prescribe including the power to grant exclusive rights, franchises or concessions; (7) To adopt regulations in the nature of bylaws relating to the operation of the authority as a corporate body and to adopt and enforce reasonable rules and regulations for the orderly, safe, efficient, and sanitary operation of airports and landing fields; to provide for its own security force and peace officers with powers of arrest or to arrange for such security force or peace officers to be provided through the county or any municipality therein; and to prescribe reasonable penalties for the breach of any rule or regulation. All such rules and regulations shall become effective upon approval by the authority and after publication of a notice containing a substantive statement of the rule or regulation and the penalty for violation thereof in the newspaper in the county in which sheriff's advertisements are published. The notice shall state that the breach of the rule or regulation will subject the violator to the penalty and shall state that the full text of all rules and regulations shall be maintained in the principal office of the authority where the same will be open to public inspection. All rules and regulations shall in fact be so maintained. Said rules and regulations, when promulgated as provided herein, shall be judicially recognized by and enforceable in the courts of the county; (8) To provide its own fire protection, crash, and rescue services or to arrange for such services to be provided through the county or by any private firm in the business of providing such services; (9) To make application to any federal, state, county, or municipal government or agency or to any other source, public or private, for loans, grants, guarantees, or other financial assistance in aid of the airports and landing fields and to accept and use same upon such terms and conditions as are prescribed by the federal, state, county, or municipal government or agency or other source;

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(10) To recommend airport zoning regulations to the county and municipalities therein; (11) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness. The authority shall have all the powers of a governmental body under the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter amended. The authority shall have the power and is authorized, at one time or from time to time as it deems necessary to accomplish the purposes of this Act, to provide by resolution for the issuance of revenue bonds, including notes and revenue certificates of the authority for the purpose of paying all or any part of the cost of any one or a combination of projects and to refund bonds of the authority. The authority is authorized to issue its revenue bonds to retire or decease any bonds or other obligations issued by the county or any other governmental body relating to any airport, landing field, or portion thereof leased or conveyed by the county or other person to the authority if (A) at the time of conveyance the property leased or conveyed or any of the revenues therefrom are pledged as security for such bonds or obligations, (B) if the conveyance of such property is subject to such bonds or obligations, or (C) if in connection with such lease or conveyance of property to the authority, the authority has assumed liability for the payment of such bonds or other obligations. The principal of, redemption premium, if any, and interest on the revenue bonds of the authority may be payable from and may be secured by a pledge of any one or more sources of revenues derived by the authority from rates, fees, tolls, charges, and other revenues of all or any part of the project or projects financed in whole or in part with the proceeds of the bonds or of any one or more airports, landing fields, or portions thereof or facilities thereat or may be unsecured but payable pursuant to a covenant to budget and appropriate in each fiscal year from lawfully available revenues of the authority which are in excess of amounts needed in such fiscal year to pay operating expenses of the authority and of the airports and landing fields in such fiscal year and the amounts needed to pay debt service in such fiscal year on bonds to which particular revenues of the authority have been pledged. Each issue of the bonds shall be dated, shall mature, and shall be payable as to both principal and interest as may be determined by the authority in accordance with the terms of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter amended, 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 its resolution providing for the issuance and security of the bonds or in a trust indenture or financing agreement which shall be substantially in the form and contain economic terms

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approved by such resolution. If the proceeds of any issue of the bonds shall exceed the amount required for the purposes for which such bonds are issued, the surplus moneys shall be deposited as may be directed in the resolution providing for the issuance and security of such bonds or in the trust indenture or financing agreement approved by such resolution, as aforesaid. The authority is authorized to provide credit enhancement facilities and liquidity facilities for any of its revenue bonds and is authorized to provide for the repayment of amounts advanced under such facilities and to pay interest thereon, without limitation as to interest rate, from the sources pledged to the payment of such bonds or other sources identified above. The authority is authorized to hedge interest rates payable on such indebtedness through the use of interest rate exchange agreements and similar agreements. The authority is authorized to issue revenue bonds which are payable in foreign currency, Eurodollars, or other medium of exchange and, if any revenue bonds of the authority are payable in foreign currency, Eurodollars, or other medium of exchange, the authority is authorized to hedge against changes in the United States dollar value of such foreign currency, Eurodollars, or other medium through the use of hedge agreements, including but not limited to currency exchange agreements and forward purchase agreements and options. The authority shall be entitled to validate its revenue bonds and its financial obligations arising in connection with any credit enhancement facility, liquidity agreement, or hedge agreement relating to any such revenue bonds. In addition to other powers granted in this Act, the authority shall have the power to enter into any financial and contractual arrangements with users of airports, landing fields, and facilities thereat or relating thereto, including commercial air carriers, fixed base operators, lessees of airport property, rental car companies leasing space at any airport or landing field, and ground transportation franchises, which it deems appropriate in order to provide security to holders and to any trustee for holders of any of its revenue bonds in order that funds may be procured to accomplish the purposes of this Act at the least possible cost to the authority and to enter into any financial arrangements whatsoever necessary to accomplish the purposes of this Act not otherwise prohibited by the Constitution or laws of the state; (12) To regulate the commercial use of the airports and landing fields and of roadways on the property thereof and to impose fees, rates, and charges for such use and to prohibit the commercial use of the airports, landing fields, and roadways by any person who has not entered into a lease, concession agreement, franchise agreement, or other agreement with the authority providing for such commercial use and for the payment for such use to the authority; to prohibit the delivery and pick up of rental cars at its airports by any rental car company that has not entered into a franchise agreement with the

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authority; and to prohibit taxicabs, limousines, buses, and other vehicles of any ground transportation company that has not entered into a franchise agreement with the authority from picking up, but not discharging, passengers at the airports and landing fields; to grant exclusive concessions and to limit the number of businesses of the same or similar type that may operate at any one or more airports and to enter into agreements with commercial users of the airport permitting the authority to regulate prices charged at such airports by such commercial users; the authority's exercise of the regulatory powers provided for in this paragraph is intended to constitute state action for purposes of the state action exemption contained in the antitrust laws of the United States of America; (13) To acquire, construct, equip, erect, add to, extend, improve, operate, and maintain projects, as hereinbefore defined, 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, the State of Georgia, or any agency or instrumentality of either; (14) To sell, lease, or otherwise dispose of surplus personal property and sell, lease, or otherwise dispose of land and any improvements thereon which the authority shall determine is no longer required to accomplish the purposes of this Act, including, without limitation, property which is suitable for industrial and commercial development. Any such property may be sold, leased, or otherwise disposed of upon such terms and conditions as may be provided by resolution of the authority. The proceeds of any such sale shall be used by the authority to accomplish any of the purposes of this Act. 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 adversely affect 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 adversely affect the interest and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the holders of any such bonds and, upon the issuance of such bonds, shall constitute a contract with the holders of such bonds; (15) To enter into contracts and leases and to execute and deliver all instruments necessary or convenient, including contracts for the acquisition, construction, and equipping of projects or the leasing of projects or contracts with respect to the use of projects which it causes to be acquired, constructed, or equipped; and any and all persons, firms, and corporations and any and all political subdivisions, departments, institutions, or agencies of the State of Georgia are authorized to enter into contracts, leases, or agreements with the authority upon

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such terms and for such purposes as they may deem advisable. The authority is further authorized to make contracts and leases and to execute all instruments necessary or convenient with the United States of America or any agency or department thereof; (16) To exercise each and every power that the county or a city could exercise, under laws existing at the effective date of this Act, over the airport, just as if the authority were the county or a city; (17) To exercise all powers of a political subdivision under Article 2 of Chapter 3 of Title 6 of the O.C.G.A., as now or hereafter amended; (18) To exercise, but only on the property of any airport or landing field, and on any other property owned or leased by the authority for aviation related purposes, including, but not limited to land held for noise abatement purposes, the same powers as a development authority is authorized to exercise within the jurisdiction of such a development authority under the provisions of Chapter 62 of Title 36 of the O.C.G.A., as now or hereafter amended; and (19) To exercise all powers that could be exercised by a private business corporation in the operation of a similar enterprise which powers are not in conflict with the Constitution and laws of the State of Georgia. The powers enumerated in each paragraph of this section are cumulative of and in addition to those powers enumerated in the other paragraphs 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 purposes hereof and, in interpreting this Act, the courts are not to apply Dillon's Rule. SECTION 9. Moneys considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of bonds, as grants or other contributions, or as rates, fees, tolls, charges, or other revenues, shall be deemed to be public trust funds to be held and applied solely as provided in this Act. SECTION 10. Execution of bonds, contracts, leases, and other legal instruments. Any and all contracts, leases, obligations, agreements, or other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those persons designated in such resolution and, in the absence of such designation, by the chairperson or

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vice chairperson. Nothing in this section shall prohibit resolutions authorizing the executive director or other officers, agents, or employees from executing such contracts, leases, obligations, agreements, or other legal instruments as the authority may prescribe. SECTION 11. Rates, charges, and revenues. The authority is authorized to prescribe, revise, fix, and collect rates, fees, tolls, and charges for services, facilities, or commodities furnished at any airport, landing field, or other property of the authority, including leases, concessions, franchises, or subleases of or relating to its lands or facilities or any part thereof. SECTION 12. Liability limited. Neither the members of the authority nor any person executing evidences of indebtedness, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution. SECTION 13. County not bound. The authority shall have no power or authority to bind the county by any contract, agreement, financial obligation, or indebtedness or otherwise and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the county, provided that both the authority and the county shall be bound to each other by contacts, agreements, financial obligations, or indebtedness between themselves. SECTION 14. Transfer by the county of airport property and related leases and contracts, etc., to authority. The county is authorized to, but not required to, lease to the authority for operation any airports, landing fields, or portions thereof or facilities thereat which are owned by the county for such period, upon such terms, and for such rental, which may be nominal, as shall be established by the related lease or leases. The county is also authorized to, but not required to, transfer to the authority title to any airports, landing fields, or portions thereof or facilities thereat owned by the county with or without consideration. Upon the leasing of or the transfer of title to any airport, landing field, or portion thereof or facility thereat to the authority, all contracts, commitments, leases, concession agreements, landing fee agreements, and any other obligations of the county with respect to such airport, landing

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field, or portion thereof or facility thereat so leased or transferred shall be transferred to and assumed by the authority, and the authority shall stand in the place of the county for the purposes of such contracts, commitments, leases, concession agreements, landing fee agreements, or other obligations, but notwithstanding such assumption, the county's liability thereunder shall not be released and discharged with respect to any bonds of the county relating to such airport, airfield, or portion thereof or facility thereat and the authority shall be primarily liable for the payment thereof and the county shall be secondarily liable for the payment thereof. Upon any such lease of or transfer of title to the authority of any airport, landing field, or portion thereof or facility thereat, those employees of the county assigned to such airport, landing field, or portion thereof or facility thereat may be transferred to the authority. All rights, credits, and funds in any retirement system of the county which, at the time of employment by the authority, are possessed by any employees of the county who become employees of the authority are continued and it is the intent of this Act that any such employees and personnel shall not lose rights, credits, or funds to which they were entitled prior to being employed by the authority. All rights of county employees who are transferred to the authority for accrued vacation time, sick leave, or other compensated absence or for payment with respect thereto shall be continued and the authority shall assume liability therefor, unless by agreement between the county and the authority the county agrees to pay such employees for such accrued vacation time, sick leave, and other compensated absence in accordance with the county's policies relating to payment thereof upon termination of employment by the county of such county employees. The conveyance of any airport, landing field, portion thereof, or facility thereat and the transfer of related contracts, commitments, leases, and any other obligations to the authority pursuant to this section shall be accomplished under such terms and conditions so as to protect such interests and the authority and the county may enter into any agreements with cities within the county or other parties necessary to protect such interests. SECTION 15. Oversight. The board of commissioners of the county 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 record pertaining to the authority and its affairs, and the authority shall cooperate and assist in such investigations and inspections. SECTION 16. Dissolution. The authority may be dissolved only by local Act of the General Assembly; unless otherwise provided in such local Act, all assets, revenues, and

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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 county, 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 county shall be payable by the county 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 17. Severability. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of the General Assembly to enact each provision of this Act independently of any other provision hereof. SECTION 18. Construction. This Act shall be liberally construed to effect the purposes hereof, and, in interpreting this Act, the courts are not to apply Dillon's Rule. Nothing in this Act shall be construed to abridge or change the powers and duties of the county, of the state, or any authorities, departments, boards, agencies, instrumentalities, or political subdivisions. SECTION 19. Effective date. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 20. Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGAL LEGISLATION Notice is hereby given pursuant to O.C.G.A. Section 28-1-14 of the intention to introduce legal legislation during the 1997 session of the General Assembly a bill to create a Meriwether County Airport Authority.

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This 29th day of January, 1997. Daniel W. Lee 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 the Representative from the 131st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator, which is the official organ of Meriwether County, on the following date: February 7, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CARL VON EPPS Representative, 131st District Sworn to and subscribed before me, this 14th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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WALKER COUNTYBOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 76 (House Bill No. 627). AN ACT To create a board of elections and registration for Walker County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for resignation, succession, and removal of members and for filling vacancies; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish a certain board and office; to provide for the chairperson and the powers and duties of such chairperson; to provide for board employees and their compensation; to provide for expenditures of public funds for certain purposes; to provide for compensation of the chairperson and members of the board; to provide for offices and equipment; to provide for the meaning of certain terms; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Pursuant to Code Section 21-2-40 of the O.C.G.A. there is created the Walker County Board of Elections and Registration. The board shall have the powers and duties of the election superintendent of Walker County with regard to the conduct of primaries and elections and shall have the powers and duties of the board of registrars relating to the registration of voters and absentee balloting procedures. SECTION 2. (a) The board shall be composed of five members, each of whom shall be an elector and resident of Walker County. (b) No person who holds or is a candidate for an elective public office or who serves as an officer, employee, committee member, or other representative of either a political campaign of a candidate for elected public office or a political party, or who makes a financial contribution to a candidate or party, or who is engaged on behalf of any candidate for an elective public office in the solicitation of votes for such candidate shall be eligible to serve as a member of the board during the term of such elective office or within two years after such active political participation as described in this subsection, and the position of any member of the board shall be deemed vacant upon such member's qualifying as a candidate for elective public office or upon such member's engaging in such political activity described in this subsection. This subsection shall not prohibit a nonelective employee

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of the county governing authority from serving as a member of the board of elections and registration. (c) The first members of the board shall be appointed as follows: (1) Two members shall be appointed for initial terms beginning January 1, 1998, and expiring December 31, 2001; and (2) Three members shall be appointed for initial terms beginning January 1, 1998, and expiring December 31, 1999. (d) After the initial terms of office, successors to members whose terms are about to expire shall be appointed to take office on the first day of January immediately following the expiration of a term of office and shall serve for terms of four years each and until their successors are duly appointed and qualified. (e) All members of the Walker County Board of Elections and Registration shall be appointed by the chief judge of the superior court of the judicial circuit that includes Walker County. (f) The chief judge of the superior court of the judicial circuit that includes Walker County shall select one of the members to serve as chairperson. SECTION 3. The appointment of each member shall be made by the appointing authority's filing with the clerk of the Superior Court of Walker County an affidavit which states the name and residential address of the person appointed and certifies that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each such member to the Secretary of State and provide for the issuance of appropriate commissions to the members and chairperson within the same time and in the same manner as provided by law for registrars. If any appointing authority does not, in conformity with this Act, certify an appointment to the board no later than 30 days after the beginning of a term of office or within 30 days after the creation of a vacancy in that office, a vacancy shall be deemed to have been thereby created and the Governor, pursuant to Article V, Section II, Paragraph VIII (a) of the Constitution of the State of Georgia, shall fill that vacancy by making the appointment thereto and shall certify it as provided in this section. Any person appointed to fill a vacancy shall serve out the unexpired term of office. SECTION 4. Each member of the board shall be eligible to succeed himself or herself without limitation and shall have the right to resign at any time by giving written notice of his or her resignation to the appointing authority and to the clerk of the Superior Court of Walker County. Each member shall be

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subject to removal from the board by the chief judge of the superior court of the judicial circuit that includes Walker County at any time, for cause, after notice of the right to have a timely hearing, in the same manner and by the same authority as provided for removal of registrars. SECTION 5. In the event a vacancy occurs in the office of any member of the board by removal, death, resignation, or otherwise, except by expiration of term, the chief judge of the superior court of the judicial circuit that includes Walker County shall appoint a successor for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments and record and certify such appointments in the same manner as the regular appointment of members. SECTION 6. Before entering upon his or her duties, each member of the board shall take substantially the same oath as required by law for registrars. Each member of the board shall have the same privileges from arrest as registrars. SECTION 7. On January 1, 1998, the election superintendent and board of registrars of Walker County shall be relieved from all powers and duties to which the board succeeds by the provisions of this Act; and they shall deliver thereafter to the chairperson of the board, upon his or her written request, the custody of all equipment, supplies, materials, books, papers, records, and facilities of every kind pertaining to such powers and duties. Also, at such time, the board of registrars and the office of chief registrar of Walker County shall be abolished. SECTION 8. The chairperson of the board shall be the chief executive officer of the board and shall generally supervise, direct, and control the administration of the affairs of the board pursuant to law and duly adopted resolutions of the board. The board shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. SECTION 9. The board shall be authorized to employ such full-time and part-time employees, including a full-time chief clerk, as the board shall deem necessary. The governing authority of Walker County shall have the right to approve the number of employees to be hired by the board. SECTION 10. The board shall propose an annual budget to the county governing authority for approval or negotiation detailing the expenditures necessary

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for the execution of its duties. With the consent of the governing authority of Walker County, the board of elections and registration shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately the electors of the county with regard to elections. SECTION 11. Compensation for the chairperson and other members of the board and for employees of the board shall be fixed by the board with the approval of the governing authority of Walker County. Such compensation shall be paid from county funds. SECTION 12. The govering authority of Walker County shall provide the board with proper and suitable offices and equipment. SECTION 13. The Walker County Board of Elections and Registration shall have the authority to contract with any municipal corporation located within the county for the holding by the board of any primary or election to be conducted within the municipal corporation. SECTION 14. The words election, elector, political party, primary, public office, special election, and special primary shall have the same meaning ascribed to those words by Code Section 21-2-2 of the O.C.G.A., unless otherwise clearly apparent from the text of this Act. SECTION 15. This Act shall become effective on January 1, 1998, except that for purposes of making initial appointments to the board, it shall become effective upon December 1, 1997. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular session of the General Assembly of Georgia a bill to create a board of elections and registrations for Walker County and provide for its powers and duties, and for other purposes. This 4th day of February, 1997 MIKE SNOW
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Snow, who on oath deposes and says that he is the Representative from the 2nd District, and further deposes and says as follows: (1) That the attached 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, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE SNOW Representative, 2nd District Sworn to and subscribed before me, this 11th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HEARD COUNTY BOARD OF EDUCATION; COMPENSATION; EXPENSES. No. 77 (House Bill No. 631). AN ACT To amend an Act providing for the Heard County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 5078), as amended, so as toprovide a new method of compensating the members of the Heard County Board of Education; to provide for reimbursement of certain expenses; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the Heard County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 5078), as amended, is amended by striking Section 6 which reads as follows: SECTION 6. Each member of the board shall be compensated in the amount of $1,200.00 per year. The compensation of the members of the board shall be payable from the funds of the board., and inserting in lieu thereof a new section to read as follows: SECTION 6. (a) Each member of the board shall be compensated in the amount of $100.00 for each day of attendance at meetings of the board and each day spent attending meetings and traveling within or outside the state as a member of a committee of the board on official business first authorized by the board. (b) Each member of the board shall be entitled to receive per diem compensation specified in subsection (a) of this section as well as reimbursement for actual expenses necessarily incurred in connection with travel outside Heard County on official business of the board. To be eligible for compensation and reimbursement, travel must first be authorized by a majority vote of the board and may be for, but is not limited to, attending training sessions or state-wide meetings. All expenses shall be verified and approved prior to reimbursement in such manner as may be specified by the board. (c) Compensation and reimbursement of board members shall be payable from the funds of the board. SECTION 2. This Act shall become effective on January 1, 1998. 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 AT THE REQUEST OF THE HEARD COUNTY BOARD OF EDUCATION Notice is hereby given that there will be introduced at the 1997 Session of the General Assembly of Georgia a bill to provide for compensation of board members of the Heard County Board of Education, reimbursement of expenses of board members; to provide for other matters relative thereto; and for other purposes. This 12th day of February, 1997. Lynn Smith Representative, 103rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn R. Smith, who on oath deposes and says that she is the Representative from the 103rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the News and Banner, which is the official organ of Heard County, on the following date: February 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LYNN R. SMITH Representative, 103rd District
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Sworn to and subscribed before me, this 17th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CHATHAM COUNTY AND CITY OF SAVANNAH SCHOOL DISTRICT HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 78 (House Bill No. 639). AN ACT To provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Chatham County and City of Savannah school district, including, but not limited to, taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means net income, as defined by Georgia law, from all sources. (4) Senior citizen means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of the Chatham County and City of Savannah school district who is a senior citizen is granted an exemption on that person's

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homestead from all Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $18,000.00 of the assessed value of that homestead if that person's income, together with the income of all members of the family residing within the homestead, does not exceed $18,000.00 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 Chatham County giving the person's age, the amount of income which that person and all members of the family residing within the 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 person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Chatham 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, 1998, has applied for and is eligible for the $12,000.00 homestead exemption from Chatham County and City of Savannah school district ad valorem taxes for educational purposes pursuant to local constitutional amendment, Ga. L. 1981, p. 1917, 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 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Chatham County and City of Savannah school district ad valorem taxes for educational purposes.

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SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1999. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chatham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Chatham County and City of Savannah school district for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election in November, 1998, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Chatham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes for that school district in the amount of $20,000.00 of the assessed value of homesteads for residents of that school district who are 62 years of age or older and whose household income does not exceed $18,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1999. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Chatham County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective on January 1, 1998. SECTION 8. 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 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Chatham County and City of Savannah school district ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 4th day of February, 1997. Burke Day Representative 153rd District 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 the Representative from the 153rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 11, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ BURKE DAY Representative, 153rd District Sworn to and subscribed before me, this 17th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. MCDUFFIE COUNTY BOARD OF EDUCATION; COMPENSATION. No. 79 (House Bill No. 640). AN ACT To amend an Act providing for a seven-member Board of Education of MdDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, so as to change the provisions relating to compensation of the members of said board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, is amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: SECTION 6. All members of the Board of Education of McDuffie County shall be compensated and shall receive the per diem and expenses authorized for members of local boards of education as provided in subsection (a) of Code Section 20-2-55 of the O.C.G.A. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing for a

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seven member Board of Education of McDuffie County, approved March 27, 1972 (GA. L. 1972, p. 2538), as amended; and for other purposes. This 9th day of February, 1997. William S. Jackson Representative, 112th District Helen G. Hudson Representative, 120th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William S. Jackson, who on oath deposes and says that he is the Representative from the 112th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress which is the official organ of McDuffie County, on the following date: February 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WILLIAM S. JACKSON Representative, 112th District Sworn to and subscribed before me, this 17th day of February, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BULLOCH COUNTY PROBATE COURT; JUDGE; NONPARTISAN NOMINATION AND ELECTION. No. 80 (House Bill No. 641). AN ACT To provide for the nonpartisan nomination and election of the judge of the Probate Court of Bulloch 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 an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The judge of the Probate Court of Bulloch County shall be elected by the qualified voters of Bulloch 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 2000 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.

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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. This Act shall become effective on January 1, 1998. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election the judge of the Probate Court of Bulloch 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 an effective date; to repeal conflicting laws; and for other purposes. This 12th day of February, 1997. -s- Rep. Jim Martin GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Martin, who on oath deposes and says that he is the Representative from the 145th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald, which is the official organ of Bulloch County, on the following date: February 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JAMES L. MARTIN Representative, 145th District Sworn to and subscribed before me, this 17th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. JEFFERSON COUNTY STATE COURT; JUDGE; SOLICITOR-GENERAL; COMPENSATION. No. 81 (House Bill No. 655). AN ACT To amend an Act creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3911), so as to change the provisions regarding the compensation of the judge and solicitor-general of such 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 creating the State Court of Jefferson County, formerly the City Court of Louisville, approved August 19, 1911 (Ga. L. 1911, p. 277), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3911), is amended by striking Section 2A, which reads as follows: SECTION 2A. The judge of said court shall be compensated in an amount not less than $8,000.00 nor more than $12,000.00 per annum to be paid in equal monthly installments, and the solicitor of said court shall be compensated in an amount not less than $7,000.00 nor more than $10,000.00 per annum to be paid in equal monthly installments. Said salaries shall be fixed by the governing authority of Jefferson County within the limitations provided above., and inserting in its place a new Section 2A to read as follows: SECTION 2A. The judge of said court shall be compensated in the amount of $15,500.00 per annum to be paid in equal monthly installments, and the solicitor-general of said court shall be compensated in the amount of $15,000.00 per annum to be paid in equal monthly installments. 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. JEFFERSON COUNTY STATE OF GEORGIA RESOLUTION WHEREAS, the Jefferson County Commissioners in either 1991 or 1992, increased the salary paid to the Judge of the State Court of Jefferson County, and increased the salary of the Solicitor (now Solicitor General) of the State Court of Jefferson County, and increased the secretarial supplement paid to the Solicitor (now Solicitor General) of the Jefferson County State Court; AND WHEREAS, these increases were never introduced into the Georgia General Assembly for approval as local legislation;

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AND WHEREAS, these increases have been paid to the Judge of the State Court of Jefferson County, as well to the Solicitor (now Solicitor General) of the State Court of Jefferson County; AND WHEREAS, as of January 01, 1997, there is a new Judge of the State Court of Jefferson County and a new Solicitor (now Solicitor General) of the State Court of Jefferson County, and it is the wishes and desires of the Jefferson County Commissioners to continue to pay the same salary and supplements to the new Judge and Solicitor (now Solicitor General) of the State Court of Jefferson County as paid to the previous Judge of State Court of Jefferson County and to the previous Solicitor (now Solicitor General) of State Court of Jefferson County. AND WHEREAS, the Jefferson County Commissioners hereby call upon the State Representative, Jimmy Lord, to intorduced local legislation to increase the salary of the Judge of the State Court of Jefferson County to $15,500.00 per year, and to increase the salary of the Solicitor General of Jefferson County State Court to $15,000.00 per year, and to pay the Solicitor General of the Jefferson County State Court, a secretarial supplement of $6,000.00 per year. SO RESOLVED, this the 10 day of February, 1997. JEFFERSON COUNTY BOARD OF COMMISSIONERS s/ H. G. Thomas New s/ Ozzie M. Hannah s/ Wynder Smith s/ G. J. Hobbs s/ Paul Boulineau CERTIFICATION I, Mary Lamb, hereby certify that the foregoing is a true copy of a resolution duly adopted by the Board of Commissioners of Jefferson County, Georgia. /s/ MARY LAMB CLERK NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly, a bill regarding the compensation paid to the Judge of the State Court of Jefferson County and compensation paid to the Solicitor General of the State Court of Jefferson County. /s/ Jimmy Lord Representative 121st District
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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 the Representative from the 121st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the News and Farmer, which is the official organ of Jefferson County, on the following date: February 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JIMMY LORD Representative, 121st District Sworn to and subscribed before me, this 17th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HOSPITAL AUTHORITY OF FLOYD COUNTY VACANCIES. No. 82 (House Bill No. 657). 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 April 1, 1996 (Ga. L. 1996, p. 3807), so as to change the manner of filling such vacancies; 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 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 April 1, 1996 (Ga. L. 1996, p. 3807), is amended by striking subsection (c) of Section 2 thereof, which reads as follows: (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., and inserting in its place the following: (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 within 60 days of the date of the vacancy as provided in subsection (b) of this section, unless fewer than 60 days remain in the term of the vacated office, in which case the office may remain vacant for the remainder of its term at the discretion of the Board of Commissioners of Floyd County and shall thereafter 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. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing from 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 April 1 1996 (Ga. L. 1996, p. 3807), so as to change the manner of filling such vacancies; and for other purposes.

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This 11th day of February, 1997. Representative Paul E. Smith 12th District Tim Perry 11th District E. M. Childers 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Smith, who on oath deposes and says that he is the Representative from the 12th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 11, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ PAUL SMITH Representative, 12th District Sworn to and subscribed before me, this 18th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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FLOYD COUNTY BOARD OF COMMISSIONERS; TERMS; REFERENDUM. No. 83 (House Bill No. 658). AN ACT To amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5466), so as to change the terms of the members of the board from concurrent to staggered; to provide that the terms of certain members elected in 1998 shall be two years rather than four; to provide for a referendum; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 5466), is amended by striking Section 4 in its entirety and inserting a new section to read as follows: SECTION 4. (a) The Board of Commissioners of Floyd County composed of five members shall continue as the governing authority of Floyd County. Members for Posts 1 and 2 shall reside in Floyd County inside the corporate limits of the City of Rome. Members for Posts 3, 4, and 5 shall reside in Floyd County but outside the corporate limits of the City of Rome. Any person offering for election as a member of the board shall designate the post for which such person is offering at the time of so offering and shall not offer for election for more than one post on the board. (b) Members of the board shall be elected on the Tuesday following the first Monday in November next preceding the expiration of the term of office for the respective post on the board of commissioners and shall take office on the first day of January following their election. (c) To qualify for election as a member of the board, a person must be a resident of Floyd County for at least one year, and such residency must be as follows: any person seeking to qualify for election to Post 1 or 2 must reside within the corporate limits of the City of Rome and must have resided accordingly for at least one year immediately prior to being qualified, and any person seeking to qualify for election to Post 3, 4, or 5 must reside outside of the corporate limits of the City of Rome and must have resided accordingly for at least one year immediately prior to being qualified.

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(d) Subject to clearance by the Attorney General of the United States, the terms of the members of the board, which were made concurrent in accordance with an Act approved April 6, 1992 (Ga. L. 1992, p. 5466), shall become staggered terms in the following manner: (1) The members elected to Posts 2 and 3 in 1994 shall complete the four-year terms for which they were elected. Their successors shall be elected in 1998 to serve for terms of two years and until their successors are elected and qualified, and subsequently, all members shall be elected for terms of four years and until their successors are elected and qualified. (2) The members who were elected to Posts 1, 4, and 5 in 1994 shall complete the four-year terms for which they were elected. Their successors shall be elected in 1998 to serve for terms of four years and until their successors are elected and qualified, and subsequently, all members shall be elected for terms of four years and until their successors are elected and qualified. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Floyd County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Floyd County for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Floyd County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which changes the terms of the members of the Board of Commissioners of Floyd County from concurrent to staggered and to provide that the terms of certain members elected in 1998 shall be two years rather than four? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Floyd County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State.

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SECTION 3. For the purposes of holding the election called for in Section 2, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Floyd County, approved July 28, 1917 (Ga. L. 1917, p. 351), as amended, particularly by an Act approved April 6, 1992 (Ga. L. 1992, p. 3466), so as to change the terms of the members of the board from concurrent to staggered; to provide that the terms of certain members elected in 1992 shall be two years rather than four; and for other purposes. This 11th day February, 1997. Representative Paul E. Smith 12th District Tim Perry 11th District E. M. Childers 13th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Smith, who on oath deposes and says that he is the Representative from the 12th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Rome News-Tribune, which is the official organ of Floyd County, on the following date: February 11, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ PAUL SMITH Representative, 12th District Sworn to and subscribed before me, this 18th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. LINCOLN COUNTY BOARD OF COMMISSIONERS; TERMS; MEETINGS. No. 84 (House Bill No. 675). AN ACT To amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved March 10, 1986 (Ga. L. 1986, p. 3653), so as to change the terms of the commissioners from concurrent to staggered terms; to provide for meetings of the board; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved March 10, 1986 (Ga. L. 1986, p. 3653), is amended by striking Section 10, relating to terms of the members of the board of commissioners, and inserting in lieu thereof a new Section 10 to read as follows:

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SECTION 10. All current members of the board shall serve out their terms. At the November general election in 2000, members of the board of commissioners shall be elected to represent Commissioner District No. 1 and Commissioner District No. 2 for a term of two years and until his or her successor is elected and qualified. Also, at the November general election in 2000, members of the board of commissioners shall be elected to represent Commissioner District No. 3 and Commissioner District No. 4 and the chairman shall be elected to represent Commissioner District No. 5 for terms of four years and until their respective successors are elected and qualified. Thereafter, all members of the board of commissioners shall be elected for four-year terms. SECTION 2. Said Act is further amended by striking Section 14, relating to meetings of the board, in its entirety and inserting in lieu thereof a new Section 14 to read as follows: SECTION 14. Be it further enacted by the authority of this Act that said commissioners shall hold at least one session in each month at a time to be set by the board. At and on the first meeting after the members of the board take office, or as soon thereafter as practical, the board of commissioners shall organize by electing one of the members as vice-chairman. The vice-chairman shall, in the absence or disqualification of the chairman or during a vacancy in the office of chairman, perform and discharge all the duties of chairman; and in the event of a vacancy in the office of chairman or vice-chairman, the same shall be filled by the board at its regular meeting. The chairman shall be the chief executive of the board. He shall see that all orders, resolutions, and rules of said board are faithfully filled and impartially executed and enforced and that all officers, employees, and agents of said board faithfully discharge the duties required of them. He shall have the general supervision of the affairs of the county, acting under orders of the board, and shall have the power to convene the board in extra session upon his own motion or upon the written request of the other members of the board and shall do so whenever three other members make such request. SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), so as to provide for staggered instead of concurrent terms for the commissioners; to eliminate the requirement for a fixed meeting date and to allow the board to set a meeting date and time as it sees fit; and for other purposes. This 3rd day of February, 1997. Tom McCall Representative Tom McCall 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 the Representative from the 90th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal, which is the official organ of Lincoln County, on the following date: February 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOM MCCALL Representative, 90th District
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Sworn to and subscribed before me, this 19th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF PELHAM AD VALOREM TAXES; MAXIMUM MILLAGE RATE FOR EDUCATIONAL PURPOSES; REFERENDUM. No. 85 (House Bill No. 687). AN ACT To amend an Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, so as to increase the maximum millage rate for ad valorem taxes which may be levied on real and personal property for certain educational purposes; 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 new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, is amended by striking subsection (i) of Section 6A.10, and inserting in its place a new subsection (i) to read as follows: (i) The City of Pelham shall have the right to levy an ad valorem tax not to exceed 20 mills on all the property, real and personal, within the corporate limits of that city which is taxable under the laws of this state for the purpose of supporting and maintaining the schools of the City of Pelham school system. The millage rate authorized by this subsection shall be reduced under the conditions provided in the constitutional amendment relating to a 1 percent sales and use tax for educational purposes for the Mitchell County and Pelham Independent School Districts (Ga. L. 1982, p. 2643), as that amendment was continued in force and effect by an Act approved March 18, 1985 (Ga. L. 1985, p. 3719). SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Pelham shall call and conduct an election as provided in this section for the purpose of submitting this Act

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to the electors of the City of Pelham Independent School District for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in June, 1997, and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Pelham. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which increases the mill limitation in effect for the City of Pelham Independent School District from 18 to 20 mills? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1998. If Section 1 of this Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of Pelham. 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. STATE OF GEORGIA COUNTY OF MITCHELL RESOLUTION WHEREAS, the Board of Education of the Pelham City School System met on the 17th day of September, 1996, at its regularly scheduled meeting, and WHEREAS, a motion was made by board member Keith Atkins, to amend the Pelham City Charter as concerns the Pelham City School System in order to authorize the maximum school tax millage that can be set by the system not be greater than 20 mills per dollar, as allowed by Article 8, Section 6, Paragraph 1, of the Georgia Constitution, said motion having been seconded by board member Jim Jamerson, and

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WHEREAS, the Board voted without opposition to authorize the maximum school tax millage that can be set by the system not be greater than 20 mills per dollar for the support and maintenance of education. NOW, THEREFORE, be it resolved by the Pelham City School Board of Education that Representative A. Richard Royal be requested to introduce local legislation at the regular 1997 session of the General Assembly of Georgia, which will authorize the maximum school tax millage that can be set by the system not be greater than 20 mills per dollar for the support and maintenance of education. SO RESOLVED this the 21st day of January, 1997. s/ Frank McCoy, Jr. Chairman s/ Jack S. Smith, Secretary NOTICE Notice is given that there will be introduced at the Regular 1997 Session of the General Assembly of Georgia, a bill to authorize that the maximum school tax millage that can be set by the Board of Education of the Pelham City School System not be greater than 20 mills per dollar for the support and maintenance of education. Pelham City School System Mitchell County, Georgia 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 the Representative from the 164th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise, which is the official organ of Mitchell County, on the following date: February 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ A. RICHARD ROYAL Representative, 164th District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. TALBOT COUNTY BOARD OF EDUCATION; DISTRICTS. No. 86 (House Bill No. 691). AN ACT To amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, so as to provide for education districts; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, is amended by striking subsection (b) of Section 2 and inserting in lieu thereof the following: (b) For purposes of electing members of the board of education, Talbot County is divided into five education districts as set forth in the description attached to this Act and made a part hereof and further identified as `Operator: local Client: talbot Plan: talbotccsb97.' One member shall be elected from each district. SECTION 2. It shall be the duty of the governing authority of Talbot County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, to the United States Attorney General for approval.

Page 3688

SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: talbot Plan: talbotccsb97 District No. 1 TALBOT Tract: 9602. Block: 105, 126, 127A, 127B, 128, 129, 130, 131, 132A, 132B, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141A, 142A, 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, 171A, 172A, 174A, 175, 189, 199A, 201, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 234, 235, 236A, 236B, 239, 240, 273A, 273B, 274, 275, 282, 285, 299A, 299G, 299H, 299J, 299K, 299L, 299M District No. 2 TALBOT Tract: 9601.98 Block: 125, 126, 127, 128A, 128B, 129, 138A, 138B, 139, 140, 141A, 141B, 143, 146, 147, 148, 149, 150A, 150B, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 194, 195, 197, 199D, 199F, 199G, 199H, 236, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 283A, 284A, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 299A, 299E, 299F Tract: 9602. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 182, 184, 185, 186, 187, 188, 192, 193, 194, 195, 196, 197, 199B, 199C, 199D, 199E, 199F, 199G, 202, 203, 204, 286, 287 District No. 3 TALBOT Tract: 9601.98

Page 3689

Block: 296, 297 Tract: 9602. Block: 205, 206, 237, 238, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 299B, 299C, 299D, 299E, 299F Tract: 9603. 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, 258, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 299A, 299B, 299C, 299D, 299E District No. 4 TALBOT Tract: 9601.98 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, 130, 131, 132, 133, 134, 135, 136, 137, 142, 144, 145, 190, 191, 192, 193, 196, 199A, 199B, 199C, 199E, Block: 199J, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 299B, 299C, 299D District No. 5 TALBOT Tract: 9602. Block: 120, 121, 122, 123, 124, 125, 141B, 142B, 171B, 172B, 173, 174B, 176, 177, 178, 179, 180, 181, 183, 190, 191, 199H, 199J, 199K, 199L, 276, 277, 278, 279, 280, 281, 283, 284 Tract: 9603. Block Group: 1 Block: 255, 256, 257, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 292, 293, 294, 295, 296, 297, 299F, 299G, 299H, 299J, 299K, 299L, 299M, 299N RESOLUTION WHEREAS, the Voting Districts for Talbot County Board of Education are currently drawn so that the Geneva Precinct includes parts of Voting Districts 1, 3 5,

Page 3690

WHEREAS, this situation complicates maintenance of voters lists and causes confusion among voters and poll workers at the Geneva polling place, WHEREAS, currently 89% of the voters in the Geneva Precinct are in Voting District 5, WHEREAS, the Voting Districts boundaries can be changed by local legislation so that all of the Geneva Precinct will be within Voting District 5 and still meet State and Federal demographic guidelines, THEREFORE, the Talbot County Board of Education votes this 11th day of February, 1997 to approve: (a) the Voting District changes required to make all of Geneva Precinct lie in Voting District 5 provided said changes meet State and Federal requirements, (b) the submission of local legislation required to accomplish these changes to the 1997 Regular Session of the Georgia General Assembly. ATTEST: s/ Beauford Hicks Clerk, Talbot County Board of Education s/ Sally Ferguson Chairman, Talbot County Board of Education NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1997 Regular Session of the General Assembly of Georgia, a bill to amend the acts creating the five member Talbot County Board of Education and five member Talbot County Board of Commissioners so as to modify the boundaries of Voting Districts 1, 3 and 5 so that all of the Geneva Voting Precinct (Precinct 4) lies within voting district 5. This 12th day of February, 1997. Joe S. Johnson, Jr. Talbot County Elections Superintendent GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carolyn Hugley, who on oath deposes and says that she is the Representative from the 133rd District, and further deposes and says as follows: (1) That the attached 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 13, 1997.

Page 3691

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CAROLYN F. HUGLEY Representative, 133rd District Sworn to and subscribed before me, this 18th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. TALBOT COUNTY BOARD OF COMMISSIONERS; DISTRICTS. No. 87 (House Bill No. 692). AN ACT To amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4105), so as to provide for commissioner districts; to provide for the submission of this Act to the United States Attorney General; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act

Page 3692

approved March 16, 1983 (Ga. L. 1983, p. 4105), is amended by striking paragraph (1) of subsection (b) of Section 1 and inserting in lieu thereof the following: (1) For purposes of electing members of the board of commissioners, Talbot County is divided into five commissioner districts as set forth in the description attached to this Act and made a part hereof and further identified as `Operator: local Client: talbot Plan: talbotccsb97.' One member shall be elected from each district. SECTION 2. It shall be the duty of the governing authority of Talbot County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, to the United States Attorney General for approval. SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: talbot Plan: talbotccsb97 District No. 1 TALBOT Tract: 9602. Block: 105, 126, 127A, 127B, 128, 129, 130, 131, 132A, 133A, 133B, 134, 135, 136, 137, 138, 139, 140, 141A, 142A, 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, 171A, 172A, 174A, 175, 189, 199A, 201, 207, 208, 209A, 209B, 210, 211A, 211B, 212A, 212B, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 234, 235, 236A, 236B, 239, 240, 273A, 273B, 274, 275, 282, 285, 299A, 299G, 299H, 299J, 299K, 299L, 299M District No. 2 TALBOT Tract: 9601.98 Block: 125, 126, 127, 128A, 128B, 129, 138A, 138B, 139, 140, 141A, 141B, 143, 146, 147, 148, 149, 150A, 150B, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173A, 173B,

Page 3693

174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 194, 195, 197, 199D, 199F, 199G, 199H, 236, 237A, 237B, 238A, 238B, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252A, 252B, 253, 254, 255, 256, 283A, 284A, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 299A, 299E, 299F Tract: 9602. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 182, 184, 185, 186, 187, 188, 192, 193, 194, 195, 196, 197, 199B, 199C, 199D, 199E, 199F, 199G, 202, 203, 204, 286, 287 District No. 3 TALBOT Tract: 9601.98 Block: 296, 297 Tract: 9602. Block: 205, 206, 237, 238, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 299B, 299C, 299D, 299E, 299F Tract: 9603. 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, 258, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 299A, 299B, 299C, 299D, 299E District No. 4 TALBOT Tract: 9601.98 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, 130, 131, 132, 133, 134, 135, 136, 137, 142, 144, 145, 190, 191, 192, 193, 196, 199A, 199B, 199C, 199E, Block: 199J, 201A, 201B, 202, 203, 204A, 204B, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 299B, 299C, 299D District No. 5 TALBOT Tract: 9602.

Page 3694

Block: 120, 121, 122, 123, 124, 125, 141B, 142B, 171B, 172B, 173, 174B, 176, 177, 178, 179, 180, 181, 183, 190, 191, 199H, 199J, 199K, 199L, 276, 277, 278, 279, 280, 281, 283, 284 Tract: 9603. Block Group: 1 Block: 255, 256, 257, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 292, 293, 294, 295, 296, 297, 299F, 299G, 299H, 299J, 299K, 299L, 299M, 299N RESOLUTION WHEREAS, the Voting Districts for Talbot County Board of Education are currently drawn so that the Geneva Precinct includes parts of Voting Districts 1, 3 5, WHEREAS, this situation complicates maintenance of voters lists and causes confusion among voters and poll workers at the Geneva polling place, WHEREAS, currently 89% of the voters in the Geneva Precinct are in Voting District 5, WHEREAS, the Voting Districts boundaries can be changed by local legislation so that all of the Geneva Precinct will be within Voting District 5 and still meet State and Federal demographic guidelines, THEREFORE, the Talbot County Board of Education votes this 3rd day of February, 1997 to approve: (a) the Voting District changes required to make all of Geneva Precinct lie in Voting District 5 provided said changes meet State and Federal requirements, (b) the submission of local legislation required to accomplish these changes to the 1997 Regular Session of the Georgia General Assembly. ATTEST: s/ Sandra Higginbottom Clerk, Talbot County Board of Commissioners s/ Velton Harmon Chairman, Talbot County Board of Commissioners NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1997 Regular Session of the General Assembly of Georgia, a bill to amend the acts creating the five members Talbot County Board of Education and five member Talbot County Board of Commissioners so as to modify the

Page 3695

boundaries of Voting Districts 1, 3 and 5 so that all of the Geneva Voting Precinct (Precinct 4) lies within voting district 5. This 12th day of February, 1997. Joe S. Johnson, Jr. Talbot County Elections Superintendent GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carolyn Hugley, who on oath deposes and says that she is the Representative from the 133rd District, and further deposes and says as follows: (1) That the attached 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 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner ckecked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CAROLYN F. HUGLEY Representative, 133rd District Sworn to and subscribed before me, this 18th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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DAWSON-TERRELL COUNTY AIRPORT AUTHORITY CREATION. No. 88 (House Bill No. 693). AN ACT To create the Dawson-Terrell County Airport Authority; to provide for a short title and legislative findings; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for vacancies, organization, meetings, and expenses; to prohibit authority employees and members from having certain interests; to provide for definitions; to provide for revenue bonds and their form, signatures thereon, negotiability, sale, and use of proceeds from such sales; to provide for interim documents and for lost or mutilated documents; to provide for condition for issuance; to prohibit the pledge of credit for the payment of bonds; to provide for trust indentures and sinking fund; to provide for payment of bond proceeds; to provide for bondholder remedies and protection; to provide for refunding bonds; to provide for bond validation; to provide for venue and jurisdiction; to provide for trust funds; to provide for authority purpose; to provide for charges; to provide for rules and regulations; to provide for tort immunity; to provide for tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the Dawson-Terrell County Airport Authority Act. SECTION 2. Legislative findings. The General Assembly determines and finds that there is a present and projected growth in commercial and private air traffic in the Terrell County area. There is the need for adequate airports safely and efficiently to serve the air transportation needs of this state and Terrell County, the need to eliminate airport hazards, and the need to raise capital for the establishment, operation, and maintenance of present and future airports. The General Assembly further determines and finds that the establishment of an authority is necessary and essential to ensure the welfate, 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.

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SECTION 3. Dawson-Terrell County Airport Authority. (a) There is created a body corporate and politic, to be known as the Dawson-Terrell County 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 six members who shall be residents of Terrell County. Three of the members shall be appointed by the governing authority of Terrell County for terms of office of four years each. Three of the members shall be appointed by the governing authority of the City of Dawson for terms of office of four years each. Members of the authority shall serve the terms specified and until their respective successors are appointed and qualified; provided, however, that any member of the authority may be removed at any time by the governing authority which appointed such member, with or without cause. 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 18 years of age and have been a resident of Terrell 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

Page 3698

contendere thereto; who is convicted of a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves such person's residence from the county; who is convicted of any act of misfeasance, malfesance, 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 the City of Dawson or Terrell 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 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 conjuction with the landing and taking off of commercial, private, and military aircraft including all land originally acquired by the City of Dawson and Terrell County for the establishment of a county and municipal airport, and any land to be deeded to the City of Dawson or Terrell County for airport use, including, without limitation, aviation easements, and other real or personal property. (2) Authority means the Dawson-Terrell County 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

Page 3699

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. 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

Page 3700

or services of the authority and collect and use same as necessary to operate the airports under control of the authority; and to accomplish any purposes of this Act and make any purchases or sales necessary for such purposes; except that the authority may not acquire any airport of any county, municipality, or combination thereof unless such county and municipality agree to pay to the authority, so long as it operates such airport, at least the amount of airport operating expenses funded by taxes, fees, and assessments of such county and municipality immediately prior to such acquisition; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of, or dispose of the same in any manner it deems to be to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and, in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action, or proceedings as may be just to the authority and to the 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,

Page 3701

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 (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

Page 3702

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 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.

Page 3703

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 posted, and any such resolution may be passed at any regular or special meeting of the authority by a majority of its members. SECTION 14. Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Dawson or Terrell County nor a pledge of the faith and credit of said city or county; but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said city or county to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds

Page 3704

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 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.

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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 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

Page 3706

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 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 Dawson-Terrell County 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 Terrell County, Georgia; and any action pertaining to validation

Page 3707

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 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

Page 3708

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 Terrell 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 Terrell 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 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,

Page 3709

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 the City of Dawson or Terrell County or any other municipality located in Terrell County 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. December 30, 1996 TO: REPRESENTATIVE BOBBY HANNER The undersigned Mayor of the City of Dawson and Chairman of the Terrell County Board of Commissioners respectfully request that you, as our representative, introduce appropriate local legislation to form a joint Airport Authority for the City of Dawson and Terrell County. Mr. Jim Collier, Chairman of our Airport Authority, will get with you concerning the wording of this legislation. This 7th day of January, 1997. s/ Robert L. Albritten, Mayor City of Dawson, Georgia s/ Wilbur T. Gamble, Jr., Chairman Terrell County Board of Commissioners

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that I plan to introduce a bill in the General Assembly of Georgia to provide for the creation of a Dawson-Terrell County Airport Authority at this 1997 session of the General Assembly. This 3rd day of February, 1997. Bob Hanner, Representative 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 the Representative from the 159th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News, which is the official organ of Terrell County, on the following date: February 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1 s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 11th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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PEACH COUNTY WATER AND SEWER AUTHORITYMEMBERS; TERMS; ENTRY. No. 89 (House Bill No. 694). AN ACT To amend an Act known as the Peach County Water and Sewer Authority Act, approved March 25, 1986 (Ga. L. 1986, p. 4663), so as to provide that the members of the board shall enter upon their duties on July 1, 1997; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Peach County Water and Sewer Authority Act, approved March 25, 1986 (Ga. L. 1986, p. 4663) is amended by striking in its entirety subsection (b) of Section 2 and inserting in lieu thereof the following: (b) The authority shall be composed of five members who shall be appointed by the governing authority of Peach County. The terms of the initial members of the authority shall be staggered as follows: one member to serve for one year; one member to serve for two years; one member to serve for three years; one member to serve for four years; and one member to serve for five years. Successors to the initial members of the authority shall serve for terms of five years. The terms of all members shall begin on July 1 and shall run until June 30 of the year of expiration and until their successors are appointed and qualified. Successors shall be appointed in the same manner as the initial members in the month of June immediately preceding the expiration of a member's term of office. Any member of the authority may be selected and appointed to succeed himself or herself. As of July 1, 1997, the members of such authority shall enter upon their duties. The members of the authority shall be entitled to reimbursement for their actual expenses necessarily incurred in the performance of their duties. The authority shall have the power to establish bylaws and to promulgate and adopt rules and regulations necessary or desirable for the management and operation of the authority. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, it is desirable to create a county water and sewer district for Peach County and to activate the Peach County Water and Sewerage Authority as heretofore established;

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RESOLVED, that Representatives Ray and James and Senator Hooks be and they are hereby requested to secure the passage of local legislation at the 1997 Session of the General Assembly to create a water and sewer district for Peach County and to provide for the appointment of members to the Peach County Water and Sewerage Authority on or after April 1, 1997. UNANIMOUSLY ADOPTED at the regular meeting of the Peach County Commission held at Fort Valley, Georgia, on the 14th date of January, 1997. s/ Ira Hicks Chairman, Peach County Commissioners ATTEST: s/ Marcia Willis, County Administrator NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act known as the Peach COunty Water and Sewerage Authority Act, approved March 25, 1986 (Ga. L. 1986, p. 4663), so as to provide that the members of the authority shall enter upon their duties on July 1, 1997; and for other purposes. This 10th day of February, 1997. Robert Ray Representative, 128th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from the 128th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Leader Tribune, which is the official organ of Peach County, on the following date: February 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14.

Page 3713

The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ROBERT RAY Representative, 128th District Sworn to and subscribed before me, this 14th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CARROLL COUNTYSTATE COURT; SOLICITOR; COMPENSATION. No. 90 (House Bill No. 711). AN ACT To amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved May 2, 1992 (Ga. L. 1992, p. 6948), so as to change the compensation of the solicitor; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the State Court of Carroll County, aproved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved May 2, 1992 (Ga. L. 1992, p. 6948), is amended by striking subsection (a) of Section 7 and inserting the following: (a) It shall be the duty of the solicitor of the State Court of Carroll County to represent the state in all cases therein, and in all cases in the Supreme Court carried from said state court to which the state is a party. In case the solicitor of said state court cannot attend to the duties of the

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same, the judges thereof shall appoint some competent attorney to act as solicitor pro tempore. The solicitor of said state court shall receive an annual salary of $40,000.00 to be paid in equal monthly installments from funds of Carroll County. The solicitor may engage in the private practice of law but may not practice in his or her own court or appear in any matter as to which that solicitor has exercised jurisdiction. The solicitor shall diligently and faithfully undertake to collect all fees, fines, forfeitures, commissions, costs, allowances, penalties, funds, moneys, and all other emoluments and perquisites formerly allowed as compensation for services in any capacity in his or her office and shall receive and hold the same in trust for said county as public moneys and shall pay the same into the county treasury on or before the fifteenth day of each month next following the month in which they were collected or received. At the time of each such monthly payment into the county treasury, said officer shall furnish the governing authority of the county a detailed, itemized, statement, under oath, of all such funds received during the preceding month by said officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. The solicitor of said state court, before entering upon the discharge of his or her duties shall, in addition to the oath required of all civil offices, take and subscribe the following oath: `I do solemnly swear that I will faithfully and impartially, and without fear, favor, or affection, discharge the duties of the office of solicitor of the State Court of Carroll County, so help me God.' SECTION 2. This Act shall become effective January 1, 1998, unless Code Section 1-3-4.1 is amended to permit this Act, which increases the expenditures of a county, to become effective at an earlier date, in which case this Act shall become effective July 1, 1997, or on the first day of the month following the month in which such amendment to Code Section 1-3-4.1 becomes effective, whichever is earlier. 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 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved May 2, 1992 (Ga. L. 1992, p. 6948), so as to change the compensation of the solicitor; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes.

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This 14th day of February, 1997. s/ Tracy Stallings Honorable Tracy Stallings Representative, 100th District 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 the Representative from the 100th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: February 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TRACY STALLINGS Representative, 100th District Sworn to and subscribed before me, this 17th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

Page 3716

CARROLL COUNTYCORONER; COMPENSATION. No. 91 (House Bill No. 713). AN ACT To amend an Act placing the coroner of Carroll County on an annual salary, approved April 17, 1973 (Ga. L. 1973, p. 2924), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3871), so as to change the compensation of the coroner of Carroll County; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the coroner of Carroll County on an annual salary, approved April 17, 1973 (Ga. L. 1973, p. 2924), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3871), is amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. The coroner of Carroll County shall receive an annual salary of $15,000.00, payable monthly from county funds. The coroner shall also receive an expense allowance of $100.00 per month, payable monthly from county funds under such conditions as the county governing authority may provide. SECTION 2. This Act shall become effective January 1, 1998, unless Code Section 1-3-4.1 is amended to permit this Act, which increases the expenditures of a county, to become effective at an earlier date, in which case this Act shall become effective July 1, 1997, or on the first day of the month following the month in which such amendment to Code Section 1-3-4.1 becomes effective, whichever is earlier. 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 1997 session of the General Assembly of Georgia a bill to amend an Act placing the coroner of Carroll County on an annual salary, approved April 17, 1973 (Ga. L. 1973, p. 2924), as amended particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 3871), so as to change the compensation of the

Page 3717

coroner; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. This 14th day of February, 1997 s/ Tracy Stallings Honorable Tracy Stallings Representative, 100th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tracy Stalling,s who on oath deposes and says that he is the Representative from the 100th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: February 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TRACY STALLINGS Representative, 100th District Sworn to and subscribed before me, this 17th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

Page 3718

MONTGOMERY COUNTYBOARD OF COMMISSIONERS; VACANCIES. No. 95 (Senate Bill No. 169). AN ACT To amend an Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to repeal Section 6 of said Act providing a method of filling a vacancy on the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, is amended by striking in its entirety Section 6 which reads as follows: SECTION 6. Should a vacancy on the board occur for any reason, the Ordinary of Montgomery County shall appoint a commissioner to fill said vacancy until a successor be elected and qualified at the next general election for members to the board. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF MONTGOMERY BE IT RESOLVED It appearing that the present method of filling a vacancy in the Office of the County Commissioners having an unexpired term is better provided for in the general laws of this State than currently provided under local legislation; it is hereby resolved that Section 6 of the local Act found in Georgia Laws 1953, January-February session, page 27-29 as amended, which provides a method of filling a vacancy on the Board of Commissioners should be repealed so that future vacancies in office of the County Commissioners should be filled pursuant to the general laws of this State.

Page 3719

The County Administrator is authorized to take such steps as necessary to allow this resolution to be carried out. Executed at a duly called meeting of the Montgomery County Board of Commissioners held on December 3rd, 1996. s/Arnold E. Calhoun s/Wyman L. Morris s/Judson C. Bivins s/Harold Mobley s/Joseph Lane s/Belinda Clifton Clerk of Commissioners NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assemblly of Georgia a bill to amend an Act, creating a board of commissioners of roads and revenues for Montgomery County, and creating a new board of commissioners, approved February 27, 1953 (Ga. L. 1953, Jan-Feb. Sess. p. 27-29 as amended and for other purposes. This 21st day of January, 1997. Senator, Edward E. Boshears District, 6th 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 the Senator from the 6th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the The Montgomery Monitor, which is the official organ of Montgomery County, on the following date: January 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

Page 3720

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ Edward E. Boshears Senator, 6th District Sworn to and subscribed before me, this 27th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. DEKALB COUNTYSTATE COURT; ADDITIONAL JUDGE. No. 96 (Senate Bill No. 170). AN ACT To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3137), an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), an Act approved March 31, 1976 (Ga. L. 1976, p. 3488), an Act approved April 12, 1985 (Ga. L. 1985, p. 5140), and an Act approved April 2, 1987 (Ga. L. 1987, p. 5449), so as to add a judge to said court; to provide for the appointment, election, and term of office of said additional judge and successors to such judge; to continue the existing terms of the present judges of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 3137), an Act approved March 27, 1972 (Ga. L. 1972, p. 2862), an Act approved March 31, 1976 (Ga. L. 1976, p. 3488), an Act approved April 12, 1985 (Ga. L. 1985, p. 5140), and an Act approved April 2, 1987 (Ga. L. 1987, p. 5449), is amended by striking Section 6 in its entirety and substituting in lieu thereof a new Section 6 to read as follows:

Page 3721

SECTION 6. Effective January 1, 1998, there shall be six judges of the State Court of DeKalb County. The five judges in office on January 1, 1998, shall continue to serve the terms of office to which they were elected. The sixth judge added by this section shall be appointed by the Governor for an initial term of office ending on December 31, 1998, and until a successor is elected and qualified. Successors to the five judges in office on January 1, 1998, and successors to the sixth judge added on that date shall be elected at the general election in the year in which their respective terms of office expire and shall serve for terms of four years and until their successors are elected and qualified. SECTION 2. This Act shall become effective on January 1, 1998, except that the Governor is authorized to appoint the additional judge added by Section 1 of this Act prior to such date but any person so appointed shall not take office until such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of DeKalb County; formerly known as the Civil and Criminal Court of DeKalb County, so as to add a judge to said court; and for other purposes. Witness the Honorable Judges of The State Court of DeKalb County. This 8th day of January, 1997. Judge Jack Smith Judge Anne Workman Judge Mathew Robins Judge Denise L. Majette Judge Jack M. McLaughlin GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Margaret Oliver, who on oath deposes and says that she is the Senator from the 42nd District, and further deposes and says as follows: (1) That the attached 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 16, 1997.

Page 3722

(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MARY MARGARET OLIVER Senator, 42nd District Sworn to and subscribed before me, this 28th day of January, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. GWINNETT COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE AND MAGISTRATE; QUALIFICATIONS. No. 97 (Senate Bill No. 189). AN ACT An Act to provide for the qualifications of the chief magistrate and magistrate of the Magistrate Court of Gwinnett County; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. To be eligible for the office of chief magistrate or magistrate of the Magistrate Court of Gwinnett County, a candidate shall be at least 30 years

Page 3723

old, shall be a lawyer with a minimum of seven years of legal experience who has been a member in good standing of the Georgia Bar and a citizen of the State of Georgia for at least three years. No current chief magistrate or magistrate serving on July 1, 1997, shall be disqualified by this Act from completing his or her term of office. SECTION 2. The requirements of Section 1 of this Act shall not apply to a person serving as a senior magistrate pursuant to Code Section 15-10-220 of the O.C.G.A. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to establish additional minimum qualifications of persons serving as chief magistrate and magistrate in the Magistrate Court of Gwinnett County; to provide an effective date; and for other purposes. This 16th day of January, 1997. -s- Warren Davis Chief Magistrate Magistrate Court of Gwinnett County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Ray, who on oath deposes and says that he is the Senator from the 48th District, and further deposes and says as follows: (1) That the attached 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: January 24, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 3724

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BILLY RAY Senator, 48th District Sworn to and subscribed before me, this 27th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. PUTNAM COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN NOMINATION AND ELECTION; TERMS. No. 99 (Senate Bill No. 233). 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, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate currently in office; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Putnam 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. An Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended, is amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. (a) The person serving as chief magistrate of the Magistrate Court of Putnam County on February 1, 1997, or any person appointed to fill a

Page 3725

vacancy in such office shall serve for a term of office which expires on December 31, 1998. (b) At the state-wide primary and November general election conducted in 1998 and every four years thereafter, the chief magistrate of the Magistrate Court of Putnam County shall be nominated and elected by the qualified voters of Putnam County in a nonpartisan primary and election. Persons elected to such office shall take office on 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 1997 session of the General Assembly of Georgia a bill to amend an Act making provisions for the Magistrate Court of Putnam County, approved March 12, 1984 (Ga. L. 1984, p. 3788), as amended; and for other purposes. This 9th day of January, 1997. Floyd Griffin, Jr. Senator, 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd L. Griffin, who on oath deposes and says that he is the Senator from the 25th District, and further deposes and says as follows: (1) That the attached 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 23, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 3726

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ FLOYD L. GRIFFIN Senator, 25th District Sworn to and subscribed before me, this 5th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HANCOCK COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN NOMINATION AND ELECTION; TERM; VACANCIES. No. 100 (Senate Bill No. 234). AN ACT To amend an Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Hancock County; to provide for terms of office; to change the provisions relating to filling vacancies in the office of chief magistrate and the office of magistrate; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the appointment of the initial chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended, is amended by striking subsection (b) of Section 2 and inserting in lieu thereof a new subsection (b) to read as follows:

Page 3727

(b)(1) The person appointed in December, 1996, as the successor to the chief magistrate of the Magistrate Court of Hancock County or any person appointed to fill a vacancy in such office shall serve for a term of office which expires on December 31, 1998. (2) At the state-wide primary and November general election conducted in 1998 and every four years thereafter, the chief magistrate of the Magistrate Court of Hancock County shall be nominated and elected by the qualified voters of Hancock 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. Said Act is further amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. A vacancy in the office of chief magistrate or in the office of magistrate of the Magistrate Court of Hancock County shall be filled as provided by subsection (e) of Code Section 15-10-20 of the O.C.G.A. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO IN- TRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an/Act providing for the appointment of the inital chief magistrate of the Magistrate Court of Hancock County and the election of subsequent chief magistrates, approved March 14, 1983 (Ga. L. 1983, p. 4006), as amended; and for other purposes. This 9th day of January, 1997. /s/Floyd L. Griffin, Jr. Senator, 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd L. Griffin, who on oath deposes and says that he is the Senator from the 25th District, and further deposes and says as follows:

Page 3728

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite, which is the official organ of Hancock County, on the following date: January 23, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ FLOYD L. GRIFFIN Senator, 25th District Sworn to and subscribed before me, this 6th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. GWINNETT COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 103 (Senate Bill No. 294). AN ACT To amend an Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption, approved March 13, 1990 (Ga. L. 1990, p. 3774), so as to change the provisions relating to income requirements; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.

Page 3729

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to provide an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemption, approved March 13, 1990 (Ga. L. 1990, p. 3774), is amended by striking subsection (b) of Section 1 in its entirety and inserting in lieu thereof the following: (b) The exemption provided by this Act shall not be granted unless the resident has owned and resided on that homestead or on another homestead within the Gwinnett County School District or on any combination thereof for at least the immediately preceding 24 months and unless the resident's Georgia taxable net income, together with the Georgia taxable net income of that resident's spouse who also occupies and resides at such homestead, as Georgia taxable net income is defined by Code Section 48-7-27 of the O.C.G.A., from all sources, does not exceed the sum of $25,000.00 for the immediately preceding taxable year plus the maximum amount authorized to be paid to an individual and that individual's spouse under the federal Social Security Act. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Gwinnett County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Gwinnett County School District for approval or rejection. The election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. or, if any other Act enacted by the General Assembly of Georgia at the regular session in 1997 requires a referendum or special election in Gwinnett County or the Gwinnett County School District in 1997, on the same date as such referendum or special election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Gwinnett County. The ballot shall have written or printed thereon the words:

Page 3730

() YES () NO Shall the Act be approved which changes the income requirements for eligibility for exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead for certain residents of the Gwinnett County School District who are 65 years of age or over or who are disabled? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 1998. If the Act is not so approved or if the election is not conducted as provided in this section, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Gwinnett County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing an exemption from Gwinnett County School District ad valorem taxes for the full value of the homestead of each resident of the Gwinnett County School District who is 65 years of age or over or who is disabled and who meets certain conditions, terms, and requirements for such exemptions; and for other purposes. This 31st day of January, 1997. Senator William M. Ray, II 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Ray, who on oath deposes and says that he

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is the Senator from the 48th District, and further deposes and says as follows: (1) That the attached 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 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BILLY RAY Senator, 48th District Sworn to and subscribed before me, this 18th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. ELBERT COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 104 (Senate Bill No. 323). AN ACT To provide a homestead exemption from certain Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by Elbert County, including, but not limited to, taxes to pay interest on and retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. SECTION 2. (a) Each resident of Elbert County who is 65 years of age or over is granted an exemption on that person's homestead from all Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of that homestead. The value of the homestead in excess of the exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or the person's agent files an affidavit with the tax commissioner of Elbert County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. SECTION 3. The tax commissioner of Elbert County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax

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commissioner of Elbert County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county school district purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Elbert 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, 1998. SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Elbert County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Elbert County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 1997, 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 Elbert County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Elbert County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of the homestead for residents of the county who are 65 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1998. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Elbert County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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SECTION 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon approval by the Governor or upon becoming law without such approval. SECTION 9. 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 1997 session of the General Assembly of Georgia a bill to grant to each resident of Elbert County who is 65 years of age or older an exemption on that person's homestead from all Elbert County ad valorem taxes for county purposes in the amount of $10,000.000 of the assessed value of that homestead; to provide for a referendum; and for other purposes. This 12th day of February, 1997. /s/Rodney Daniel Rodney Daniel (Chairman, Board of Commissioners) 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 the Senator from the 47th District, and further deposes and says as follows: (1) That the attached 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: February 19, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ EDDIE MADDEN Senator, 47th District Sworn to and subscribed before me, this 20th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COWETA COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 105 (Senate Bill No. 338). AN ACT To amend an Act creating a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved December 17, 1894 (Ga. L. 1894, p. 204), and an Act approved April 17, 1992 (Ga. L. 1992, p. 6506), so as to change provisions relating to the compensation of the members of the board of commissioners; to repeal provisions relating to the compensation of the members 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 a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved December 17, 1894 (Ga. L. 1894, p. 204), and an Act approved April 17, 1992 (Ga. L. 1992, p. 6506), is amended by striking Section 3A and inserting in its place a new Section 3A to read as follows:

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SECTION 3A. The compensation of the members of the Board of Commissioners of Coweta County shall be $12,000.00 per annum. SECTION 2. Said Act is further amended by striking in its entirely from the amendatory Act approved December 17, 1894 (Ga. L. 1894, p. 204) Section III, which reads as follows: SEC. III. Be it further enacted, That said Act be further amended by adding thereto the following as a new section: `Each of said commissioners shall be paid, out of the county treasury of said county, the sum of fifty dollars per annum, and in addition thereto such sum as may be recommended by the grand jury of said county of Coweta, such recommendations to be made annually at the spring term of the superior court. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, The Board of Commissioners of Coweta County, Georgia, has determined that the salaries for Commissioners has not been changed in over five years; and WHEREAS, the Board has been informed that Coweta Commission members are paid significantly less than Commissioners of other similar counties. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Coweta County and it is hereby resolved by authority of the same, that the members of the Georgia General Assembly representing Coweta County are requested to introduce local legislation necessary to increase the salaries of the Board members to the sum of $14,000.00 per year for Chairman and $12,000.00 per year for other Commissioners. SO RESOLVED in open session lawfully assembled, this 7 day of January, 1997. Robert Wood Chairman James McGuffey Lawrence A. Nelms
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Charlie F. Jones Jr. Vernon Hunter Attest: Roxie K. Clark Clerk NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Coweta County, approved August 26, 1972 (Ga. L. 1872, p. 405), as amended; and for other purposes. This 24th day of January, 1997. Richard Price Georgia Senate GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Price, who on oath deposes and says that he is the Senator from the 28th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Newnan-Times Herald, which is the official organ of Coweta County, on the following date: January 29, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area

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proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ RICK PRICE Senator, 28th District Sworn to and subscribed before me, this 27th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB COUNTY STATE COURT; SOLICITOR-GENERAL; COMPENSATION. No. 106 (Senate Bill No. 342). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3818), so as to change the compensation of the solicitor-general; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3818), is amended by striking paragraph (1) of subsection (b) of Section 27 of said Act in its entirety and inserting in lieu thereof a new paragraph (1) to read as follows: (1) The compensation of the solicitor-general shall be $76,845.52 per year, payable in equal monthly installments from the funds of Cobb County. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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 27 day of December, 1996. Cobb County Legislature 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 the Senator from the 33rd District, and further deposes and says as follows: (1) That the attached 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 12, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ STEVE THOMPSON Senator, 33rd District
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Sworn to and subscribed before me, this 28th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB COUNTY SHERIFF; CHIEF DEPUTY SHERIFF, CHIEF INVESTIGATOR, AND EXECUTIVE ASSISTANT; COMPENSATION. No. 107 (Senate Bill No. 346). AN ACT To amend an Act changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, so as to change the compensation of the chief deputy sheriff, the chief investigator, and the executive assistant to the sheriff; 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 changing the compensation of the clerk of the superior court, the sheriff, and the judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended, is amended by striking subsections (b), (c), and (d) of Section 5 and inserting in lieu thereof new subsections (b), (c), and (d) of Section 5 to read as follows: (b) The sheriff of Cobb County shall have one chief deputy whose salary shall be $66,293.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. The chief deputy sheriff shall possess the same qualifications for office as required for the sheriff. The chief deputy shall serve at the pleasure of the sheriff. Each candidate for the office of sheriff of Cobb County shall, at the time he or she qualifies to run for the office of sheriff, designate and certify to the judge of the probate court the name of the person who shall be his or her chief deputy sheriff. In the event the office of sheriff becomes vacant by death, resignation, or otherwise, the vacancy shall be filled until the next general election by said chief deputy, who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. The chief deputy

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sheriff is authorized, when directed by the sheriff, to discharge any and all of the duties and powers of the sheriff. In addition to said chief deputy, said sheriff shall be authorized to name and appoint such additional deputies as shall be approved from time to time by the governing authority of Cobb County. The salaries of said additional deputies shall be set by the governing authority of Cobb County; provided, however, that said salaries shall not be less than $4,880.00 per annum per each additional deputy approved by said governing authority of Cobb County. In addition to said chief deputy and other deputies provided for above, the sheriff of Cobb County shall be authorized to employ the clerical help necessary to perform properly the functions and duties of his or her office, provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the governing authority of Cobb County. (c) In addition to those employees provided for by subsection (b) of this section, there is created the office of chief investigator for Cobb County. The chief investigator shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The individual appointed by the sheriff of Cobb County shall possess, as a minimum, a high school education or its equivalent and shall either be a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers or possess ten years of actual experience as a peace officer or be a graduate of a law school accredited by the Georgia Bar Association or be a graduate of the Southern Police Institute School of Police Management and Administration or have a master's degree from an accredited college or university. The salary of the chief investigator shall be $64,822.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. (d) In addition to those employees provided for in subsections (b) and (c) of this section, there is created the position of executive assistant to the sheriff. The executive assistant shall be appointed by the sheriff, shall be under his or her direct supervision and control, and shall serve at the pleasure of the sheriff. The sheriff shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive assistant. The salary of the executive assistant shall be $39,335.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. SECTION 2. This Act shall become effective January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act changing the compensation of the Superior Court, the Sheriff, and the Judge of the Probate Court of Cobb County from the fee system to the salary system, approved February 9, 1949 (Ga. L. 1949, p. 427), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislature 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 the Senator from the 37th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHARLES C. CLAY Senator, 37th District
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Sworn to and subscribed before me, this 28th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CLAYTON COUNTY STATE COURT; SOLICITOR-GENERAL; COMPENSATION. No. 108 (Senate Bill No. 352). 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 1, 1996 (Ga. L. 1996, p. 3788), so as to change the compensation of the solicitor-general 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 April 1, 1996 (Ga. L. 1996, p. 3788), 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-general. The salary of the solicitor-general of said court shall be $59,616.00 per annum, payable in equal monthly installments by the board of commissioners out of the general funds of Clayton County. The solicitor-general of said court shall receive no other compensation for serving as solicitor-general of said court and shall not engage in the private practice of law in any capacity during his or her tenure as solicitor-general of said court and shall not be eligible to hold any other public office while serving as solicitor-general of said court. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3788); and for other purposes. This 25th day of February, 1997. 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 the Senator from the 44th District, and further deposes and says as follows: (1) That the attached 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 28, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ TERRELL A. STARR Senator, 44th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CLAYTON COLLABORATIVE AUTHORITY CREATION. No. 109 (Senate Bill No. 355). AN ACT An Act to create the Clayton Collaborative Authority; to declare the need for the authority; to declare the purposes and objectives of the authority; to provide for the powers of the authority; to provide for the membership of the authority; to provide for the terms of office of the authority members; to provide for the election of officers, quorum, bylaws, procedures, and meetings; to provide for compensation of members; to provide for filling of vacancies; to provide for removal of members; to provide for the appointment and compensation of an executive director and for other administrative officers and employees of the authority; to provide that no member or officer or employee of the authority shall have any financial dealings with the authority; to provide that any member or officer or employee having financial dealings with the authority shall be subject to removal; to provide for the execution of contracts, leases, and other legal documents; to provide for the location of the authority; to provide that the property of the authority shall be deemed to be public property; to provide that the funds of the authority shall be used only for purposes consistent with the purposes of this Act; to provide for immunity from liability; to provide for rights of personnel; to provide for dissolution; to provide for service of process; to provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Creation of authority. There is created the Clayton Collaborative Authority, referred to in this Act as the authority. The authority shall be an instrumentality and political subdivision of the State of Georgia.

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SECTION 2. Definitions. As used in this Act, the term: (1) Authority means the Clayton Collaborative Authority created by this Act. (2) Council means the Georgia Policy Council for Children and Families created by Code Section 49-5-253 of the O.C.G.A. (3) County means Clayton County. SECTION 3. Determination of need for the authority. It is determined and declared that Georgia cannot afford the staggering human and financial costs associated with teenage pregnancies, child abuse and neglect, juvenile crime, low birth weight babies, and poor school performance. There is the need for organizations such as this authority to coordinate with the state to achieve the best possible outcomes of the state's initiatives, to respond to the public's demand for successful results, to increase the authority and responsibility of the Clayton County community, to streamline the county government for its citizens, to optimize current financial resources, to create a single point of accountability, and to inject sound business principles into governmental practice. It is further determined and declared that the establishment of an authority is necessary and essential to insure the welfare, safety, and convenience of citizens of the county. SECTION 4. Declaration of goals. The authority seeks to achieve the following important goals for the benefit of children and families in the county: improved child health, improved child development, improved family functioning, improved school performance, and improved family economic capacity. SECTION 5. Declaration of purposes. The authority shall be organized and at all times thereafter operated exclusively for public charitable uses and purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. Those purposes shall include, without limitation, the following: (1) To achieve a core set of results for children and families defined jointly by the authority and the council;

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(2) To develop, adopt, submit to the council for approval, and from time to time amend a comprehensive plan for public and private agencies to deal effectively with the problems of children, youth, and families in the county in order to achieve the goals and objectives described in the bylaws of the authority and in Code Section 49-5-251 of the O.C.G.A.; (3) To coordinate, evaluate, and provide services and assistance in implementing and carrying out the comprehensive plan developed by the authority under paragraph (2) of this section; and (4) To contract with public and private agencies for the charitable purposes described in the articles of incorporation of the authority and these bylaws and for such public and private agencies to provide programs and services for children, youth, and families in order to carry out the provisions of the comprehensive plan developed by the authority. SECTION 6. Declaration of powers. In furtherance of its charitable goals and purposes as a community partnership organization, the authority shall have full power and authority: (1) To have an authority seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description; provided, however, that the authority shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against any loss in connection with its property and other assets of the authority; (4) To make contracts and to execute all instruments necessary or convenient in connection therewith; (5) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the authority may deem necessary or expedient in facilitating its business; (6) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services, with or without consideration, from any person, firm, corporation, foundation, or other entity or from the state or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof;

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(7) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; (8) To make distributions to organizations that qualify as exempt organizations under Section 501 (c) (3) of the Internal Revenue Code; (9) To make distributions for other charitable purposes; provided, however, that the provisions of this paragraph and paragraph (8) of this section shall be subject to the provisions of Article III, Section VI, Paragraph VI of the Georgia Constitution relating to the granting of gratuities; (10) To distribute property exclusively for charitable purposes in accordance with the terms of gifts, bequests, or devises to the authority not inconsistent with its purposes, as set forth in this Act or in accordance with determinations made by the board of trustees pursuant to this Act and bylaws of the authority; (11) To provide any and all services for children, youth, and families on behalf of public or private agencies as may be reasonably necessary or desirable to carry out effectively programs and services called for by the comprehensive plan developed by the authority under Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the Georgia Policy Council for Children and Families Act; (12) To do all things necessary or convenient to carry out the powers and purposes of the authority which are expressly provided for in Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the Georgia Policy Council for Children and Families Act; and (13) To perform all other acts necessary or incidental to the acts specified in this section and to do whatever is deemed necessary, useful, advisable, or conducive, directly or indirectly, as determined by the board of trustees, to achieve the goals of the authority and to carry out any of its purposes, as set forth in this Act and the bylaws, including the exercise of all other power and authority enjoyed by community partnership organizations under Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the Georgia Policy Council for Children and Families Act, and by corporations generally by virtue of the provisions of Chapter 3 of Title 14 of the O.C.G.A., the Georgia Nonprofit Corporation Code, subject to the limitations of Section 501 (c) (3) of the Internal Revenue Code. The authority shall not be limited in its capacity of service to children and families in Clayton County, but shall have full power and authority to engage in charitable programs and activities on behalf and for the benefit of such children and families. The authority shall serve only such purposes and functions and shall engage only in such activities as are consistent with the purposes set forth in this Act and as are exclusively charitable and entitled to

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charitable status under Section 501 (c) (3) of the Internal Revenue Code. SECTION 7. Members of the authority. The authority shall be composed of not less than 21 members nor more than 30 members consisting of the initial board of trustees of the authority, who shall be referred to as designated members, and members appointed by the designated members. The designated members shall be those persons or their respective representatives holding the following positions: Clayton County School Superintendent, director of the Clayton County School District, president of the Clayton County Department of Family Children Services, chief executive officer or president of Clayton College and State University, chief executive officer of the Southern Regional Medical Center, Inc., Presiding Judge of the Clayton County Juvenile Court, director of the Clayton County Juvenile Court, president of the Clayton County Health Department, executive director of the Clayton County Chamber of Commerce, extension director of the Clayton County United Way, executive director of the Clayton County Extension Service, chairperson of the Clayton County Community Service Authority, executive director and chairperson of the Clayton County Board of Commissioners, and director of the Clayton Community Foundation. In making appointments to the authority, the board of trustees shall ensure that appointments reflect the cultural and social characteristics including gender, race, ethnic, and age characteristics of the population of the county. The board of trustees shall also include consumers who are natural persons receiving services or who have a spouse or child receiving services as contemplated in this Act. Consumers shall make up not less than one-third of the membership of the board of trustees. The make-up of the designated members may be altered and the number of members of the board of trustees may increase or decrease by duly adopted resolution of the board of trustees. SECTION 8. Terms of appointment. Not less than one-half of the members appointed by the designated members shall be appointed for initial terms ending on December 31, 1998, and the remaining members appointed by the designated members shall be appointed for initial terms ending on December 31, 2000. Thereafter, all members appointed by the designated members shall be appointed for a term of four years each and shall serve until their successors are authorized to take their membership positions on the authority.

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SECTION 9. Compensation of members. The members shall receive no compensation but shall be reimbursed from the funds of the authority for reasonable and necessary expenses incurred in pursuing the business of the authority. SECTION 10. Vacancies in authority. Should an appointed member vacate his or her office either by resignation, death, removal as provided in Section 11 of this Act, or for any other reason, the remaining members shall, as soon as practicable thereafter, appoint another person as a member of the authority to complete the term of the vacating member. Until such time as a new member is appointed, the total number of members of the authority for the purposes of determining a quorum shall not include the vacating member. SECTION 11. Removal of members. Any member may be removed from office for good cause affecting his or her ability to perform his or her duties as a member, for misfeasance, malfeasance, or nonfeasance in office, or for violating the conflicts of interest provisions of this Act by vote of a majority of the board of trustees, but only after a public hearing at which such member is given the right to present evidence on his or her own behalf and only upon a finding by a majority of the board of trustees that good cause for removal affecting the member's ability to perform his or her duties as a member exists, that he she was guilty of misfeasance, malfeasance or nonfeasance in office, or that he or she violated the conflicts of interest provisions of this Act. SECTION 12. Election of officers, quorum, bylaws, procedures, and meetings. After the appointment of all members as provided in Section 7 of this Act, the full membership of the authority shall meet as soon as practicable and shall elect one of its members as chairperson and one as vice chairperson, each of whom shall continue as voting members in such positions for the succeeding year and until their successors are elected. Thereafter, a chairperson and vice chairperson shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The chairperson shall preside at meetings of the authority and the vice chairperson shall preside in his or her absence, and they shall have such other powers, duties, and responsibilities as are set out elsewhere in this Act and in the bylaws of the authority. The authority shall also designate a

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secretary to keep the minutes and records of the authority. A majority of the members of the authority shall constitute a quorum. A majority of the quorum may exercise any and all powers of the authority. The authority shall, as soon as practicable, adopt its own bylaws, rules of procedure, and rules of conduct of its business. The authority shall meet at least once a month and at such other times as it may deem necessary. SECTION 13. Parliamentary authority. Robert's Rules of Order, Revised shall constitute the ruling authority in all cases where such authority is not inconsistent with provisions of this Act, the bylaws of the authority, or laws of the state. SECTION 14. Executive director and other administrative officers and employees. The authority may appoint and fix the compensation of an executive director under such terms and conditions as it deems appropriate. The executive director shall be the chief executive and operating officer of the authority. The executive director shall have had experience as a business executive, preferably in connection with the social services. Under the supervision of the authority, the executive director shall be responsible for the operation, management, and promotion of all activities with which the authority is charged under this Act, together with such other duties as may be prescribed by the authority, and shall have such powers as are necessarily incident to the performance of the director's duties and such others as may be granted by the authority. Additionally, the authority may in a like manner appoint and fix the compensation of such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Act. SECTION 15. Advisory committee. An advisory committee shall be created and members thereof appointed by the board of trustees. The purpose of the advisory committee shall be to raise public awareness and otherwise involve the community in activities of the authority as more fully set forth in the bylaws of the authority. The advisory committee may adopt bylaws as approved by the board of trustees for the purpose of carrying out the directions of the board of trustees. SECTION 16. Conflicts of interest. No member of the authority or officer or employee thereof shall have a personal financial interest, direct or indirect, in any contract with the

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authority, or be financially interested, directly or indirectly, in the sale to the authority of any lands, material, supplies, or services except on behalf of the authority as a member, officer, or employee thereof. Any violation of this provision by a member of the authority shall be grounds for removal pursuant to Section 11 of this Act. Any violation of this provision by the executive director or any officer or employee of the authority shall be grounds for removal by the authority. SECTION 17. Execution of contracts, leases, and other legal instruments. Any and all contracts, leases, obligations, agreements, and other legal instruments of the authority shall be approved by resolution of the authority and shall be executed by those individuals designated in such resolution, and in the absence of such designation by the chairperson or vice chairperson. Nothing in this section shall prohibit general resolutions authorizing the executive director or other officers, agents, or employees to execute such contracts, leases, or other legal documents as the authority may prescribe; provided, however, that all such contracts, leases, obligations, agreements, and other legal instruments shall be approved by the board of trustees. SECTION 18. Property of authority deemed to be public property. It is declared that all property of the authority held pursuant to the terms of this Act, whether real or personal, tangible or intangible, and of any kind or nature and any income or revenue therfrom, is held for an essential public and governmental purpose, and all such property is deemed to be public property. SECTION 19. Funds of authority. The funds of the authority, from whatever source, shall be used only in support of the goals and purposes as set forth in this Act; provided, however, that nothing in this section shall prohibit the authority from making any and all expenditures of any kind or nature necessary to support the goals and purposes as set forth in this Act. SECTION 20. Immunity from liability. To the extent the law allows, the authority shall have the same immunity and exemption from liability from torts and negligence as the state and the county, and members, officers, agents, and employees of the authority who are in performance of the work of the authority shall have the same immunity and exemption from liability from torts and negligence as the

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officers, agents, and employees of the state and the county when in performance of their public duties or work of the state or the county. SECTION 21. Rights of personnel. All rights, credits, and funds in any retirement system of the county which are possessed by any personnel of the authority at the time of employment by the authority are continued, subject to approval of the Clayton County Board of Commissioners, and it is the intent of this Act that any such employees and personnel shall not lose rights, credits, or funds to which they were entitled prior to being employed by the authority. SECTION 22. Dissolution of authority. In the event of dissolution of the authority, all property, real and personal, tangible and intangible, shall revert to, and be the property of the county, subject, however, to all rights and encumbrances thereon. The county, by acceptance thereof, shall fulfill all obligations of the authority. SECTION 23. Principal office of authority; service of process. The principal office of the authority shall be in Clayton County. Service of process on the authority may be effectuated upon the executive director or other officers of the authority as in the case of private corporations incorporated or domesticated under the laws of this state. SECTION 24. Severability; should any portion of Act be held invalid. The terms and provisions of this Act are severable. Should any section, subdivision, sentence, clause, or phrase of this Act, or the application thereof to any person or circumstances, for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby to the extent that any remaining portion of the Act may reasonably be given effect without the invalid or void portion. SECTION 25. Cumulative with nonconflicting existing laws. This Act shall not be construed so as to repeal any laws or parts thereof not directly in conflict with this Act, and the provisions of this Act shall be cumulative with existing laws on the subject or existing laws which

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authorize the doing of things authorized by this Act unless they are in direct conflict with this Act. SECTION 26. General repealer. All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to create the Clayton Collaborative Authority, to provide for membership; to provide for powers and duties; to provide for matters relative to the foregoing; and for the other purposes. This 27th day of January, 1997. Terrell Starr, Senator CLAYTON COUNTY LEGISLATIVE DELEGATION Senator Terrell Starr, Chairman 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 the Senator from the 44th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Clayton News/Daily, which is the official organ of Clayton County, on the following date: January 30, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRELL STARR Senator, 44th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CLAYTON COUNTY PROBATE COURT; JUDGE; COMPENSATION. No. 110 (Senate Bill No. 359). AN ACT To amend an Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 3936), so as to change the compensation of said officer; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act placing the judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 3936), is amended by striking Section 1 thereof and inserting in its place a new section to read as follows: SECTION 1. The salary provided in this section for the judge of the probate court shall be his or her full and complete compensation; and all fees or other emoluments now allowed, or hereafter allowed by any authority of law,

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for which said judge is entitled heretofore and which he or she earns or receives by reason of being the probate judge whether under color of the office of probate judge or not shall henceforth be county funds and accountable as such in the same manner as other county funds received by said judge of the probate court. The salary of said judge of the probate court shall be $66,250.00 per annum payable monthly out of the funds of Clayton County. This base salary amount shall be increased by the same percentage or amount, or average percentage or average amount, as applicable, by which minimum salaries of sheriffs are increased under Code Section 15-16-20 of the O.C.G.A., based upon annual state merit system compensation increases, which increase in base compensation shall become effective upon the date in 1997 and in each year thereafter on which such annual merit system increases first become effective. In addition, said judge shall receive a salary supplement of $7,500.00 per annum payable in equal monthly installments from county funds for service as election superintendent as provided for in Code Section 15-9-64 of the O.C.G.A. In addition, said judge shall also receive those fees authorized to be retained under Code Section 15-9-68, regarding vital records fees, as limited by any resolution of the governing authority of Clayton County pursuant to Code Section 15-9-68. SECTION 2. This Act shall become effective upon its approval by the Governor or upon ts becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. CERTIFICATION [, MARGARETTE A. SWAIM, CLERK TO THE CLAYTON COUNTY BOARD OF COMMISSIONERS, DO HEREBY CERTIFY THAT THE ATTACHED IS A TRUE AND EXACT COPY OF RESOLUTION 97-27 OF THE CLAYTON COUNTY BOARD OF COMMISSIONERS AS ADOPTED ON MARCH 4, 1997 BY UNANIMOUS VOTE. THE ORIGINAL OF RESOLUTION 97-27 MAY BE FOUND ON FILE IN THE COMMISSIONERS' OFFICE. MARGARETTE A. SWAIM CLERK OF THE COMMISSION MARCH 5, 1997 STATE OF GEORGIA COUNTY OF CLAYTON RESOLUTION NO. 97 27 A RESOLUTION PROVIDING SUPPORT OF LOCAL LEGISLATION INTRODUCED IN THE CURRENT SESSION OF THE GENERAL ASSEMBLY

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OF GEORGIA PERTAINING THE COMPENSATION OF THE JUDGE OF THE PROBATE COURT OF CLAYTON COUNTY; TO AUTHORIZE THE COST OF LIVING INCREASE CONTAINED WITHIN THE LEGISLATION TO BECOME EFFECTIVE UPON THE SIGNING OF THE LEGISLATION BY THE GOVERNOR; TO AUTHORIZE THE CHAIRMAN TO EXECUTE ANY DOCUMENT NECESSARY TO ACCOMPLISH THE INTENT OF THIS RESOLUTION; TO PROVIDE AN EFFECTIVE DATE OF THIS RESOLUTION; AND FOR OTHER PURPOSES. WHEREAS, the compensation of the Judge of the Probate Court of Clayton County is established by local legislation submitted to the General Assembly of Georgia; and WHEREAS, the current legislation pending before the General Assembly requires a resolution of the governing authority for its implementation on the signing of the legislation by the Governor; and WHEREAS, the Board of Commissioners deems it in the best interest of Clayton County and its citizens to support the pending legislation and otherwise authorize its implementation upon the Governor's signature. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF CLAYTON COUNTY, GEORGIA AND IT IS HEREBY RESOLVED The Board of Commissioners hereby supports local legislation introduced in the current session of the General Assembly of Georgia pertaining the compensation of the Judge of the Probate Court of Clayton County. The Board of Commissioners hereby authorizes the cost of living increase contained within the legislation to become effective upon the signing of the legislation by the Governor. Further, the Board of Commissioners hereby authorizes the Chairman to execute any document necessary to accomplish the intent of this Resolution. This Resolution shall be effective on the date of its approval by the Board of Commissioners. SO RESOLVED, this the 4th day of March, 1997. CLAYTON COUNTY BOARD OF COMMISSIONERS s/C. CRANDLE BRAY, CHAIRMAN VIRGINIA BURTON GRAY, VICE- CHAIRMAN s/TERRY J. STARR, COMMISSIONER s/GERALD A. MATTHEWS, COMMISSIONER RICHARD REAGAN, COMMISSIONER
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ATTEST: s/MARGARETTE A. SWAIM, CLERK MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act placing the judge of Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. L. 1950, p. 2068), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 3936); and for other purposes. This 25th day of February, 1997. CLAYTON COUNTY LEGISLATIVE DELEGATION February 28, 1997 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 the Senator from the 44th District, and further deposes and says as follows: (1) That the attached 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 28, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area

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proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRELL A. STARR Senator, 44th District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. MERIWETHER COUNTY BOARD OF COMMISSIONERS; ELECTIONS; NUMBER OF MEMBERS; TERMS. No. 111 (House Bill No. 718). AN ACT To amend an Act creating the Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871-72, p. 230), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2842), an Act approved March 20, 1985 (Ga. L. 1985, p. 3895), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4805), so as to change the provisions relating to the election of members of the Board of Commissioners of Meriwether County; to provide for the number of members and their terms of office; to provide for the procedure for such elections and voting therein; to provide for certain submissions; 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 creating the Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871-72, p. 230), as amended, particularly by an Act approved March 13, 1970 (Ga. L. 1970, p. 2842), an Act approved March 20, 1985 (Ga. L. 1985, p. 3895), and an Act approved April 5, 1993 (Ga. L. 1993, p. 4805), is amended by striking subsections (a), (b), and (c) of Section 1 in their entirety and inserting in lieu thereof new subsections (a), (b), and (c) to read as follows: (a) The Board of Commissioners of Meriwether County shall consist of five members. The members of the board who are in office on July 1, 1997, shall continue in office and shall serve until December 31, 1998,

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and until their successors are elected and qualified. Successors to such members shall be elected at the general election in 1998. Those persons elected to the first, third, and fifth districts shall be elected quadrennially thereafter. Those persons elected to the second and fourth districts shall serve a term of two years until December 31, 2000, and those elected thereafter shall be elected quadrennially thereafter. Each member of the board shall represent one of the five commission districts described in subsection (d) of this section; and the member representing each commission district shall be elected solely by the electors who reside in that commission district. (b) Each candidate for election to the board of commissioners shall at the time of qualification for election be a resident of the commission district he or she seeks to represent. The office of any member of the board who ceases to be a resident of the commission district he or she represents shall become vacant by operation of law as of the date of change of residency. (c) After the general election to fill the next term of office for Districts 2 and 4, said election being in November, 1998, and expiring on December 31, 2000, the terms of all members of the board for every district shall be for four years beginning on the first day of January next following their election and until their successors are elected and qualified. SECTION 2. It shall be the duty of the Board of Commissioners of Meriwether 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. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 1, 1997. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGAL LEGISLATION Notice is hereby given pursuant to O.C.G.A. Section 28-1-14 of the intention to introduce legal legislation during the 1997 session of the General Assembly a bill to stagger the terms of office of the Meriwether County Board of Commissioners. This 5th day of February, 1997. Daniel W. Lee Meriwether County Attorney
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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 the Representative from the 131st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator, which is the official organ of Meriwether County, on the following date: February 7, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CARL VON EPPS Representative, 131st District Sworn to and subscribed before me, this 20th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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FULTON COUNTY MEDICAL EXAMINER; QUALIFICATIONS; SELECTION; TERMS; VACANCIES; EXPENSES. No. 112 (House Bill No. 721). AN ACT To amend an Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497), as amended, so as to change the provisions relating to qualifications; to provide for the selection of the medical examiner of Fulton County and such person's term of office and compensation; to provide for vacancies; to provide for expenses of such office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act abolishing the office of coroner of Fulton County and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497), as amended, is amended by striking Section 2 thereof in its entirety and inserting in lieu thereof a new section to read as follows: SECTION 2. There is hereby created the office of medical examiner of Fulton County. To be eligible to be medical examiner of Fulton County, a person must have the following qualifications: (1) The medical examiner must have a doctor of medicine degree and be licensed to practice medicine under the provisions of Chapter 34 of Title 43 of the O.C.G.A.; (2) The medical examiner must be certified by the American Board of Pathology in forensic pathology; and (3) The medical examiner must have five years of experience in the field of medico-legal death investigations. SECTION 2. Said Act is further amended by striking Section 3 thereof in its entirety and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. (a) The medical examiner of Fulton County shall be appointed by the Fulton County Board of Commissioners. The term of the medical examiner of Fulton County serving as such on December 31, 1997, shall expire on midnight of that date and upon the appointment of a

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successor. That successor shall be appointed for a term which begins January 1, 1998, and which expires December 31, 2003, and upon the appointment of a successor. That successor, and all future successors to the office of medical examiner whose terms of office are to expire, shall be appointed to such office the first day of January immediately following the expiration of such term and shall serve for a term of six years and until a successor is appointed. A person appointed to such office may be reappointed thereto upon the expiration of that person's term. Vacancies in such office shall be filled for the remainder of the unexpired term by appointment by the Fulton County Board of Commissioners. (b) The medical examiner of Fulton County shall be compensated in an amount determined by the Fulton County Board of Commissioners. All expenses of the office of such medical examiner shall, subject to Fulton County budgetary limitations, be paid from the general funds of Fulton County. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act abolishing the coroner of Fulton county and creating the office of medical examiner of Fulton County, approved March 24, 1965 (Ga. L. 1965, p. 2497), as amended; and for other purposes. This 30th day of January, 1997. /s/ Nan Grogan Orrock 56th District Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nan Orrock, who on oath deposes and says that she is the Representative from the 56th District, and further deposes and says as follows: (1) That the attached 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 4, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calender week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ NAN GROGAN ORROCK Representative, 56th District Sworn to and subscribed before me, this 13th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BIBB COUNTY BOARD OF HEALTH; MEMBERSHIP; LOCAL CONSTITUTIONAL AMENDMENT REPEALED; REFERENDUM. No. 113 (House Bill No. 732). AN ACT To repeal an Act approved March 25, 1986 (Ga. L. 1986, p. 4682), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1954 general election (Res. Act No. 164; H.R. 258-843d; Ga. L. 1953, Nov.-Dec. Sess., p. 256) and proclaimed by the Governor to be a part of Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covering other related matters; to repeal that constitutional amendment duly ratified at the 1954 general election (Res. Act No. 164; H.R. 258-843d; Ga. L. 1953, Nov.-Dec. Sess., p. 256) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covering other related matters; to provide that the provisions of Chapter 3 of Title 31 of the O.C.G.A. shall be applicable to Bibb County; to provide exceptions; to provide for members of the Bibb County Board of Health; to provide for the appointment of members and terms of office; to provide the authority for this Act; to provide for a referendum; to provide effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That Act approved March 25, 1986 (Ga. L. 1986, p. 4682), which continued in force and effect as a part of the Constitution of the State of Georgia that constitutional amendment duly ratified at the 1954 general election (Res. Act No. 164; H.R. 258-843d; Ga. L. 1953, Nov.-Dec. Sess., p. 256) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covering other related matters is repealed in its entirety. SECTION 2. That constitutional amendment duly ratified at the 1954 general election (Res. Act No. 164; H.R. 258-843d; Ga. L. 1953, Nov.-Dec. Sess., p. 256) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia enlarging the membership of the Macon-Bibb County Board of Health, restating the duties and powers of that board, empowering the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covering other related matters and which was continued on and after July 1, 1987, as a part of the Constitution of the State of Georgia is repealed in its entirety. SECTION 3. (a) The provisions of Chapter 3 of Title 31 of the O.C.G.A. shall be applicable to Bibb County except as otherwise provided in this section. (b) Since the provisions of subsection (d) of Code Section 31-3-2 of the O.C.G.A. cannot be literally followed, the expiration dates of the initial terms of the members of the Bibb County Board of Health shall be fixed at 12 years following the date specified by the provisions of said Code Section 31-3-2 so that the members appointed pursuant to paragraph (3)

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of subsection (a) of said Code Section 31-3-2 shall expire December 31, 1999; the terms which would otherwise expire on December 31, 1986, will expire December 31, 1998; the term which would expire on December 31, 1985, shall under this Act expire December 31, 1997; and the term which would expire under the terms of said Code Section 31-3-2 on December 31, 1986, shall expire on December 31, 1998. Subsequent terms shall expire and subsequent appointments shall be made as provided by said Code section. (c) Notwithstanding the commencement dates of the several terms described in said Code Section 31-3-2, the terms of the members of the Bibb County Board of Health shall commence when appointments have been made as prescribed in said Code section and the board organizes for business. 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 Bibb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Macon and Bibb County for approval or rejection. The election superintendent shall conduct that election on the first date authorized under Code Section 21-2-540 of the O.C.G.A. following the approval of this section or its becoming law without such approval 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 Bibb County. The ballot shall have written or printed thereon the words: () YES () NO Shall local constitutional amendment Res. Act No. 164, ratified in 1954, which enlarged the membership of the Macon-Bibb County Board of Health, restated the duties and powers of that board, empowered the City Council of Macon and the Commissioners of Bibb County to enact health regulations, and covered other related matters be repealed? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section,

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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 the election date. The expense of such election shall be borne by Bibb 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. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO APPLY FOR LEGISLATION Notice is hereby given that application will be made to the 1997 Session of the General Assembly of Georgia for the passage of a bill to repeal the local Constitutional Amendment creating the Macon-Bibb County Board of Health and to provide for applicability of the general laws of the State of Georgia to Bibb County relating to county boards of health. This 30th day of January, 1997. WALTER D. WILSON, Chairman Macon-Bibb County Board of Health GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall, who on oath deposes and says that he is the Representative from the 127th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: February 8, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WILLIAM C. RANDALL Representative, 127th District Sworn to and subscribed before me, this 21st day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BRYAN COUNTY TAX COMMISSIONER; COMPENSATION; PERSONNEL. No. 114 (House Bill No. 741). 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 March 25, 1996 (Ga. L. 1996, p. 3540), so as to clarify 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 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 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 March 25, 1996 (Ga. L. 1996, p. 3540), is amended by striking Section 5 and inserting in its place the following: SECTION 5. The tax commissioner shall receive an annual base salary of 145 percent of those amounts set as a minimum salary for tax commissioners of counties with similar populations by paragraph (1) of subsection (b) of Code Section 48-5-183 of the O.C.G.A., as now or hereafter amended. In addition to said annual base salary, the tax commissioner shall also be entitled to and receive all cost-of-living raises provided in paragraph (2) of subsection (b) and all longevity increases provided in subsection (d) of Code Section 48-5-183 of the O.C.G.A., as now or hereafter amended. Further, the tax commissioner shall be entitled to any other additional salary due him or her under Code Section 48-5-137 of the O.C.G.A., as now or hereafter amended. For the purpose of computing the tax commissioner's salary, all cost-of-living raises and longevity increases shall be computed by adding the appropriate amounts to or applying the appropriate mutlipliers to the annual base salary and any additional salary provided for in this section. 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. BY THE BRYAN COUNTY BOARD OF COMMISSIONERS A RESOLUTION TO CLARIFY 1996 LOCAL LEGISLATION ON THE TAX COMMISSIONERS SALARY WHEREAS, During the 1996 Legislative year the Bryan County Board of Commissioners requested local legislation to convert the Tax Commissioners salary from a fee system to a salary system, and; WHEREAS, The local legislation was written and approved by the Legislature but its meaning is unclear, and; WHEREAS, The Bryan County Board of Commissioner request local legislation be rewritten to clarify its intent, and; THEREFORE, BE IT RESOLVED, The Bryan County Board of Commissioners formally request that the enclosure to this resolution

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be approved as written by the legislature for immediate implementation upon the Governors Signature. Adopted this 4 day of Feb., 1997 ATTEST: s/ Donna M. Waters Clerk BRYAN COUNTY BOARD OF COMMISSIONERS s/ H. Brooks Warnell Chairman s/ Rufus E. Bacon First District Commissioner s/ Richard A. Hammond Second District Commissioner s/ Al Dixon, Jr. Third District Commissioner s/ James Toby Roberts, Sr. Fourth District Commissioner NOTICE OF INTENT to Introduce Local Legislation By the Bryan County Board of Commissioners Notice is hereby given that there will be introduced at the 1997 session of the General Assembly of Georgia, a bill relating to changing the method of compensation of the tax commissioner of Bryan County for a fee to salary heads, and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is the Representative from the 147th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County Times, which is the official organ of Bryan County, on the following date: January 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county,

Page 3771

municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANN R. PURCELL Representative, 147th District Sworn to and subscribed before me, this 21st day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BIBB COUNTY CIVIL COURT; JUDGE; RETIREMENT; INSURANCE. No. 115 (House Bill No. 746). AN ACT To amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, particularly by an Act approved April 4, 1963 (Ga. L. 1963, p. 2992), so as to change certain provisions relating to qualifications for retirement for a judge of the Civil Court of Bibb County; to change the provisions relating to retirement benefits; to provide for disability benefits under certain conditions; to provide for life and health insurance benefits; to define a certain term; 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 a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, particularly by an Act approved April 4, 1963 (Ga. L. 1963, p. 2992), is amended by striking

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Section 1 of said 1963 amendatory Act and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. Upon the passage and approval of legislation whereby pension or retirement compensation is provided and extended to judges of the Civil Court of Bibb County, it is provided that upon retirement for reasons of health or by authority of other provisions of this Act or other Acts, the retired judge shall be a judge emeritus of said court and shall be available for service either as judge pro hac vice of the Civil Court of Bibb County or of the State Court of Bibb County upon the request of the respective regular judges of said courts. The judge emeritus shall not hold any compensating position with the State of Georgia, United States of America, County of Bibb, or City of Macon or any agency thereof, except upon taking a leave of absence as such judge emeritus and forever waiving and relinquishing pension or retirement compensation during and for such leave of absence; the judge emeritus shall be disqualified from engaging in the practice of law in any of the courts in which such judge is qualified to serve as judge pro hac vice. SECTION 2. Said Act is further amended by striking Section 2 of said 1963 amendatory Act and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. (a) A judge of the Civil Court of Bibb County who has attained the age of 60 years and who has 20 years of continuous creditable service as a judge of said court, upon retirement, shall be entitled to retirement compensation of 60 percent of the total amount received while a regular judge for the 12 month period immediately prior to retirement. Said pension or retirement compensation shall be paid in proportionate monthly installments from the treasury of the County of Bibb, and said Bibb County Board of Commissioners is authorized, empowered, and directed to order that the compensation of said judge emeritus shall be paid as in this Act set forth and provided for during the remainder of the judge's life or until such judge shall resign from said emeritus office. (b) A judge who has obtained at least 14 years of creditable service may cease to hold office as a judge prior to or upon reaching age 60 and may begin receiving monthly retirement benefits upon reaching age 60. The retirement benefit shall be paid in equal monthly installments of an annual retirement benefit computed on the basis of 3 percent of the member's annual compensation for the 12 month period immediately prior to retirement multiplied by the judge's total number of years of creditable service not to exceed 20 years. (c) After obtaining a minimum of 14 years of creditable service, a judge, regardless of age, who becomes totally and permanently disabled to the

Page 3773

extent of being unable to perform the duties of the judge's office shall be entitled to receive a disability retirement benefit. The disability benefit shall be paid in equal monthly installments of an annual disability benefit computed on the basis of 3 percent of the judge's annual compensation for the 12 month period immediately prior to becoming disabled multiplied by the judge's total number of years of creditable service not to exceed 20 years. (d) A judge who retires or is disabled and qualifies under any of the sections of this Act shall be entitled to the same life and health insurance benefits as may be provided by the County of Bibb to all other Bibb County employees upon their retirement or upon becoming disabled. (e) As used in this section, the term `creditable service' means service time as judge of the Civil Court of Bibb County and shall not include time served in any other governmental position. SECTION 3. This Act shall become effective January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act establishing a Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended; particularly by an Act approved April 4, 1963 (Ga. L. 1963, p. 2992); and for other purposes. This 14th day of January, 1997. s/ Robert A. B. Reichert Representative, 126th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Reichert, who on oath deposes and says that he is the Representative from the 126th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: January 18, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

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A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ROBERT A. B. REICHERT Representative, 126th District Sworn to and subscribed before me, this 27th day of January, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF WARNER ROBINS RUN-OFF ELECTIONS. No. 116 (House Bill No. 748). AN ACT To amend an Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to change the provisions relating to run-off elections; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, is amended by striking paragraph (2) of subsection (b) of Section 3-102 and inserting in its place the following:

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(2) The mayor and councilmembers must each receive a majority of the votes cast in order to be elected to the office for which they are candidates. In the event that no candidate receives a majority of the votes cast in a particular race, the two candidates receiving the highest number of votes shall participate in a run-off election. The date of such run-off election shall be fixed pursuant to subsection (b) of Code Section 21-3-407 of the O.C.G.A. or any subsequent applicable general law of this state. SECTION 2. This Act shall become effective on January 1, 1998, or upon its approval by the Governor or upon its becoming law without such approval if such earlier effective date is permissible under Code Section 1-3-4.1 as such Code section exists on the date this Act is approved by the Governor or becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. CITY OF WARNER ROBINS COUNTY OF HOUSTON STATE OF GEORGIA RESOLUTION WHEREAS, Section 3-102(b) (2) of the Warner Robins City Charter (Ga. L. 1978, p. 3081 et seq) provides for run-off elections to be held in the event candidates for the office of mayor and/or council member do not receive a majority of the votes casted in a particular race; and WHEREAS, said provision of the City Charter requires that such run-off elections be held fourteen (14) days after the date of the general election; and WHEREAS, the election superintendent has requested that the date of run-off elections be extended to the maximum period allowed by state law to facilitate the printing of ballots and the distribution of absentee ballots. NOW, THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF THE CITY OF WARNER ROBINS that the Warner Robins legislative delegation is hereby urged to amend Section 3-102 of the Warner Robins city charter to provide that run-off elections for the offices of mayor and council member shall be held twenty-one (21) days after the date of the general election, as allowed by O.C.G.A. Section 21-3-407. BE IT FURTHER RESOLVED that the legislative delegation is urged to adopt this amendment during the 1997 session of the Georgia General Assembly. This 21st day of January, 1997.

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CITY OF WARNER ROBINS, GEORGIA BY: s/ DONALD S. WALKER, MAYOR ATTEST: s/ CLAYTON P. MAYS, CITY CLERK Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Warner Robins, approved March 7, 1978 (Ga. L. 1978, p. 3081), as amended, so as to change the provisions relating to run-off elections and the dates thereof, and for other purposes. This 10th day of February, 1997. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pam Bohannon, who on oath deposes and says that she is the Representative from the 139th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Houston Times-Journal, which is the official organ of Houston County, on the following date: February 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ PAM BOHANNON Representative, 139th District Sworn to and subscribed before me, this 21st day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. TOOMBS COUNTY BOARD OF COMMISSIONERS; COMPENSATION; CHAIRPERSON'S VEHICLE. No. 117 (House Bill No. 764). AN ACT To amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, so as to change the provisions relating to the compensation of the chairperson and members of the board of commissioners; to change the provisions relating to the vehicle furnished to the chairperson; 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 Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, is amended by striking subsections (c) and (d) of Section 7 of said Act and inserting in lieu thereof the following: (c) The chairperson of the board of commissioners shall be compensated by an annual salary in an amount equal to the total compensation paid from county funds to the judge of the Probate Court of Toombs County pursuant to any local or general laws of this state. The chairperson of the board shall also be furnished a motor vehicle for use in carrying out the duties of his or her office. The cost of such motor vehicle and the expenses of operating and maintaining such vehicle shall be paid from county funds. (d) Each member of the board other than the chairperson shall be compensated by a salary of $500.00 per month, payable monthly from the funds of Toombs County.

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SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, THE TOOMBS COUNTY BOARD OF COMMISSIONERS ARE EXEMPT TO NORMAL COST OF LIVING INCREASES, THIS COMMISSION DESIRES TO HAVE ITS WAGES INCREASED FROM $400.00 PER MONTH TO $500.00 PER MONTH, AND WHEREAS, THE DUTIES OF THE FULL TIME CHAIRMAN HAS INCREASINGLY EXPANDED AND THE QUALIFICATIONS OF THE CHIEF EXECUTIVE OFFICER OF THE TOOMBS COUNTY GOVERNMENT HAS EVOLVED IN SCOPE THROUGHOUT THE YEARS, COMPENSATION FOR THE CHAIRMAN'S DUTIES SHOULD BE EXPANDED TO WARRANT THE TIME OF BETTER QUALIFIED CANDIDATES TO PERPETUATE THE DUTIES OF THIS OFFICE, AND WHEREAS, THIS CHAIRMAN OF TOOMBS COUNTY BOARD OF COMMISSIONERS WISHES TO RECEIVE JUST COMPENSATION FOR HIS DUTIES ACCORDING TO HIS PEERS, AND WHEREAS, THIS CHAIRMAN BEING THE LOWEST PAID FULL TIME COMMISSION CHAIRMAN IN GEORGIA WISHES TO HAVE HIS SALARY TIED TO THE POPULATION PLAN FOR PROBABE JUDGES AS SET FORTH FOR OTHER CONSTITUTIONAL OFFICERS IN GEORGIA COUNTY GOVERNMENTS. THIS 10TH DAY OF FEBRUARY 1997. s/ James A. Thompson JAMES A. THOMPSON, CHAIRMAN s/ Alvin Hitchcock ALVIN HITCHCOCK, VICE-CHM. s/ Betty J. Hall BETTY J. HALL, CLERK s/ D. D. Neesmith D. D. NEESMITH s/ My Vote is NO.WSS W. S. SNELL s/ Roy Lee Williams ROY LEE WILLIAMS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, and for other purposes. This 17th day of February, 1997.

Page 3779

Betty J. Hall County Clerk 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 the Representative from the 155th District, and further deposes and says as follows: (1) That the attached 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 19, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ FISHER BARFOOT Representative, 155th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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COLUMBUS, GEORGIA MUNICIPAL COURT; JUDGE; COMPENSATION. No. 118 (House Bill No. 769). AN ACT To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4402), so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4402), is amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: SECTION 10. The salary of the judge of said court shall be $60,000.00 per annum and shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sums received in the form of fees or salary by the judge of municipal court for serving as judge of the Magistrate Court of Muscogee County shall be included in and credited toward said judge's salary so that such judge will receive no additional compensation. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended; and for other purposes. This 17th day of February, 1997. THOMAS B. BUCK, III Representative Thomas B. Buck, III 135th District GEORGIA, FULTON COUNTY

Page 3781

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who on oath deposes and says that he is the Representative from the 135th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THOMAS B. BUCK Representative, 135th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

Page 3782

MUSCOGEE COUNTY STATE COURT; SOLICITOR-GENERAL; COMPENSATION. No. 119 (House Bill No. 772). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 4004), so as to change the compensation of the solicitor of the 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 establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 4004), is amended by striking subsection (b) of Section 3A and inserting in its place a new subsection (b) of Section 3A to read as follows: (b) The solicitor of said court shall receive an annual salary of $60,000.00 which shall be paid in equal monthly installments from the funds of Muscogee County. The solicitor shall devote such solicitor's full time to the duties of such solicitor's office and shall not engage in the private practice of law during such solicitor's tenure of office. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 21, 1989 (Ga. L. 1989, p. 4004); and for other purposes. This 17th day of February, 1997. THOMAS B. BUCK, III Representative Thomas B. Buck, III 135th District
Page 3783

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who on oath deposes and says that he is the Representative from the 135th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimle, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THOMAS B. BUCK Representative, 135th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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COBB COUNTYBOARD OF ELECTIONS AND REGISTRATION; TERM LIMITS. No. 120 (House Bill No. 775). AN ACT To amend an Act to create a board of elections and registration in Cobb County, approved March 28, 1985 (Ga. L. 1985, p. 4653), as amended, so as to provide that a member of the board may serve for two full four-year terms, excluding time served under an interim appointment; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to create a board of elections and registration in Cobb County, approved March 28, 1985 (Ga. L. 1985, p. 4653), as amended, is amended by striking in its entirety Section 5 and inserting in lieu thereof a new Section 5 to read as follows: SECTION 5. Each member of the board shall be eligible to succeed himself or herself for one term following the completion of one four-year term, not including any time served under an interim appointment pursuant to Section 6 of this Act. Each member of the board shall have the right to resign at any time by giving written notice of his or her resignation to the respective appointing authority and to the clerk of the superior court. Each member of the board shall be subject to removal from the board at any time, for cause after notice and hearing, and in the same manner and by the same authority as provided for removal of registrars. SECTION 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 1997 session of the General Assembly of Georgia a bill to amend an Act to create a board of elections and registration in Cobb County, approval March 28, 1985 (Ga. L. 1985, p. 4653), as amended, and for other purposes. This 17 day of February, 1997. Judith M. Manning
Page 3785

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Judy Manning, who on oath deposes and says that she is the Representative from the 32nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal, which is the official organ of Cobb County, on the following date: February 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JUDY MANNING Representative, 32nd District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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CHEROKEE COUNTY WATER AND SEWERAGE AUTHORITYTRUNK LINES. No. 121 (House Bill No. 776). AN ACT To amend an Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, so as to provide for limitations with respect to the installation of certain trunk lines; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the Cherokee County Water and Sewerage Authority Act, approved March 7, 1955 (Ga. L. 1955, p. 2943), as amended, is amended by adding a new section immediately following Section 2A, to be designated Section 2B, to read as follows: SECTION 2B. The authority shall not be authorized to install any water or sewer trunk line of 12 inches diameter or greater unless such installation project has been reviewed by the board of commissioners of Cherokee County and has been approved by a resolution of the board of commissioners adopted in an open meeting. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act known as the Cherokee County Water and Sewage Authority Act, approved March 7, 1995 (Ga. L. 1995, p. 2943), as amended; and for other purposes. This 12th day of February, 1997. Representative Garland Pinholster 15th District GEORGIA, FULTON COUNTY

Page 3787

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Garland Pinholster, who on oath deposes and says that he is the Representative from the 15th District, and further deposes and says as follows: (1) That the attached 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 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GARLAND PINHOLSTER Representative, 15th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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CHEROKEE COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 122 (House Bill No. 777). AN ACT To provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum and effective dates; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) For purposes of this Act, the terms used in this Act shall have the same meaning as such terms are defined in Article 2A of Chapter 8 of Title 48, the Homestead Option Sales and Use Tax Act, as amended. (b) Each resident of Cherokee County is granted an additional exemption on that person's homestead from all Cherokee County ad valorem taxes for county purposes in an amount authorized by and calculated pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, for the immediately preceding taxable year as determined by the tax commissioner of Cherokee County. This homestead exemption shall commence on January 1 of the year immediately following the first complete calendar year in which the sales and use tax was levied under Article 2A. The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. (c) The tax commissioner of Cherokee County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. 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 Cherokee 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, 1997, has applied for and is eligible for the $2,000.00 homestead exemption provided by Code Section 48-5-44 of the O.C.G.A., shall be eligible for the exemption granted under this Act without further application

Page 3789

if that person has applied for and been eligible for the immediately preceding year for such exemption. (e) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or Cherokee County School District taxes for educational purposes. The homestead exemption granted by this Act shall be in addition to any other homestead exemption applicable to Cherokee County ad valorem taxes for county purposes. (f) The exemption granted by this Act shall only become effective if the electors of the special district the boundary of which is conterminous with Cherokee County approve the imposition of a local option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 of the O.C.G.A., as amended, at a special election conducted on the same date as the election provided for under Section 2 of this Act. (g) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year specified by subsection (b) of this section. SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Cherokee County shall call and conduct a special election as provided in this section for the purpose of submitting this Act to the electors of Cherokee County for approval or rejection. The election superintendent shall conduct that special election as soon as reasonably practicable on a date authorized under subparagraph (c) (1) (A) of Code Section 21-2-540 of the O.C.G.A., but in no event shall such special election be conducted later than the Tuesday after the first Monday in November, 1997. The election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for certain residents of CherokeeCounty an additional homestead exemption of up to 100 percent from county ad valorem taxes for county purposes as determined from the proceeds generated from the collection of a retail homestead option sales and use tax? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Section 1 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years specified by subsection (b) of Section 1. If Section 1 of this Act is not so approved, if the

Page 3790

election is not conducted as provided in this section, or if the condition specified in subsection (f) of Section 1 of this Act is not met, Section 1 of this Act shall not become effective and this Act shall be automatically repealed on December 31, 1997. The expense of such election shall be borne by Cherokee County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. Except as otherwise provided in Section 2 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption for certain residents of Cherokee County from ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax; to provide for definitions; to specify the terms and conditions of the exemption and the procedure relating thereto; to provide for applicability; to provide for a referendum and affective dates; to provide for automatic repeal under certain circumstances; and for other purposes. This 13 day of Feb. 1997. 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 the Representative from the 16th District, and further deposes and says as follows: (1) That the attached 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 9, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

Page 3791

or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ STEVE STANCIL Representative, 16th District Sworn to and subscribed before me, this 20th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. GEORGIA INTERNATIONAL AND MARITIME TRADE CENTER AUTHORITY MEMBERSHIP. No. 123 (House Bill No. 778). AN ACT To amend an Act creating the Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), so as to provide for an additional member of such authority; 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 Georgia International and Maritime Trade Center Authority, approved April 21, 1995 (Ga. L. 1995, p. 4499), is amended by

Page 3792

striking subsection (b) of Section 3 and inserting in its place a new subsection (b) to read as follows: (b) The authority shall consist of the following membership: one member appointed by each member of the Georgia General Assembly representing a portion of Chatham County; one member appointed by the majority vote of the Board of Commissioners of Chatham County; one member appointed by the majority vote of the mayor and aldermen of the City of Savannah; the executive director of the Georgia Ports Authority; and the President of the Savannah Area Convention and Visitors' Bureau, who shall serve ex officio and shall have a vote. Except for the ex officio member and the member who is the executive director of the Georgia Ports Authority, for the initial term, four members shall be appointed for one year, three members shall be appointed for two years, and three members shall be appointed for three years. Selection of term length shall be by lot. After expiration of the initial term, the terms of all members except the ex officio member and the member who is the executive director of the Georgia Ports Authority shall be for three years, except that the appointment of any person selected to fill an unexpired term shall be only for the remainder of such term. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend the act creating the Georgia International and Maritime Trade Center Authority and for other purposes. This 12th day of February, 1997. Anne Mueller Representative District 152 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 the Representative from the 152nd District, and further deposes and says as follows:

Page 3793

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANNE MUELLER Representative, 152nd District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. ACWORTH AREA CONVENTION AND VISITORS BUREAU AUTHORITY - CREATION. No. 124 (House Bill No. 783). AN ACT To create the Acworth 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 Acworth and Cobb 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.

Page 3794

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act will be known and may be cited as the Acworth 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 Acworth Area Convention and Visitors Bureau Authority. (3) City means the City of Acworth. (4) Conventions means that term as defined in Article 3 of Title 48 of the O.C.G.A. (5) County means Cobb 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 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 Acworth Area Convention and Visitors Bureau Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation

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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 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 Cobb 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.

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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 board of aldermen 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 filing a written notice of resignation with the city clerk. Members shall serve at the pleasure of the mayor and board of aldermen, and any member may be removed by majority vote of the mayor and board of aldermen, with or without cause, and neither the city nor the mayor nor any member of the board of aldermen 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 board of aldermen 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 membership. Commencing in the year 1998, 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 (e) 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

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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 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.

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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 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

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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 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

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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 36 of the O.C.G.A., 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 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 contact 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 plants 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

Page 3801

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 authority'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 board of aldermen of the city, which upon approval by the board of aldermen may, in the discretion of the board of aldermen, be funded in whole or in part with revenue received by the city from the hotel-motel tax, provided the 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 board of aldermen 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

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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 contacts, agreements, financial obligations or indebtedness between themselves. SECTION 12. Oversight. The mayor and board of aldermen 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 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 OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to create the Acworth Area Conventional Visitors Bureau Authority; to provide for the appointment of members of the authority and for the general powers of authority; and for other purposes. Kem W. Shipp Representative, 38th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kem W. Shipp, who on oath deposes and says that he is the Representative from the 38th District, and further deposes and says as follows:

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(1) That the attached 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 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply becuase the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ KEM W. SHIPP Representative, 38th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF KENNESAW CORPORATE LIMITS. No. 125 (House Bill No. 784). 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.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, 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 Lots 131, 132, 135 and 136 of the 20th District, 2nd Section, Cobb County, Georgia, being 13.139 acres as shown on plat of survey prepared by Raymond C. Knight, Registered Land Surveyor, dated July 25, 1996, and being more particularly described as follows: BEGINNING at an iron pin at the intersection of the southeasterly right of way line of Big Shanty Road (50 foot right of way) and the southwesterly right of way line of McCollum Parkway (a variable right of way), running thence along the southwesterly, westerly and northwesterly right of way line of McCollum Parkway the following courses and distances: South 28 degrees 54 minutes 30 seconds east 220.50 feet; south 30 degrees 33 minutes 35 seconds east 143.69 feet; southeasterly an arc distance of 162.27 feet on a radius of 1560.55 feet (the chord subtending said arc being south 24 degrees 14 minutes 16 seconds east 162.20 feet); southeasterly an arc distance of 140.77 feet on a radius of 1830.62 feet (the chord subtending said arc being south 19 degrees 30 minutes 21 seconds east 140.74 feet); south 16 degress 15 minutes 49 seconds east 41.55 feet; southeasterly an arc distance of 623.60 feet on a radius of 1830.62 feet (the chord subtending said arc being south 05 degrees 47 minutes 28 seconds east 620.59 feet); north 86 degrees 01 minute 30 seconds west 20.00 feet; southwesterly an arc distance of 284.37 feet on a radius of 1810.62 feet (the chord subtending said arc being south 08 degrees 28 minutes 20 seconds west 284.08 feet); south 77 degrees 01 minute 30 seconds east 20.01 feet to a point; southwesterly an arc distance of 49.64 feet on a radius of 1830.62 feet (the chord subtending said arc being south 13 degrees 44 minutes 54 seconds west 49.64 feet; leaving the right of way of McCollum Parkway and running thence south 88 degrees 20 minutes 24 seconds west 242.01 feet; running thence north 12 degrees 33 minutes 13 seconds east 99.99 feet to a point; running thence north 88 degrees 15 minutes 06 seconds east 30.01 feet to a point; running thence north 59 degrees 23 minutes 30 seconds west 419.00 feet to a point; running thence north 26 degrees 26 minutes 31 seconds

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east 487.50 feet to a point; running thence north 66 degrees 30 minutes 00 seconds west 84.00 feet to a point; running thence north 16 degrees 15 minutes 00 seconds east 134.00 feet to a point; running thence north 68 degrees 00 minutes 12 seconds west 133.96 feet to a point on the southeasterly right of way line of Big Shanty Road; running thence north 19 degrees 00 minutes 00 seconds east 90.66 feet along the southeasterly right of way of said road to a point; running thence north 15 degrees 51 minutes 19 seconds east along the southeasterly right of way line of said road 569.58 feet to a point at the intersection of the southeasterly right of way line of Big Shanty Road and the southwesterly right of way line of McCollum Parkway, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lots 131 and 136 of the 20th District, 2nd Section, Cobb County, Georgia, containing 2.352 acres as shown on plat of survey for Land Star Partners dated July 25, 1996, prepared by Raymond C. Knight, Registered Land Surveyor, and being more particularly described as follows: BEGINNING at an iron pin on the southeasterly right of way line of Big Shanty Road (50-foot right of way), said iron pin being 660.24 feet southwesterly as measured along the southeasterly right of way line of Big Shanty Road from the intersection of the southeasterly right of way line of Big Shanty Road and the southwesterly right of way line of McCollum Parkway (a variable right of way); running thence south 21 degrees 32 minutes 37 seconds west 216.94 feet along the southeasterly right of way line of Big Shanty Road to a point; running thence south 24 degrees 20 minutes 18 seconds west along the southeasterly right of way line of Big Shanty Road 189.24 feet to a point; running thence south 20 degrees 24 minutes 06 seconds east 293.76 feet to a point; running thence north 26 degrees 26 minutes 31 seconds east 487.50 feet to a point; running thence north 66 degrees 30 minutes 00 seconds west 84.0 feet to a point; running thence north 16 degrees 15 minutes 00 seconds east 134.0 feet to a point; running thence north 68 degrees 00 minutes 12 seconds west 133.96 feet to a point on the southeasterly right of way line of Big Shanty Road, said point being the point of beginning. All that tract or parcel of land lying and being in Land Lot 88, 20th district, 2nd Section, City of Kennesaw, Cobb County, Georgia, being more particularly described as follows: COMMENCE at a 1 inch crimp top pipe at the land lot corner common to Land Lots 65, 66, 87 and 88, aforesaid district and section, as shown on that certain boundary survey for Macauley Properties, Limited, Legacy Park of Georgia, L.P., the Mallard Group, Inc., the First National Bank of Gainesville, Robert e. Garrison, Attorney at Law and the Commonwealth Landd Title

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Insurance Company as done by Rochester Associates, Inc., dated March 12, 1996, last revised April 23, 1996; thence south 86 degrees 28 minutes 17 seconds east along the land lot line common with Land Lots 65 and 88, a distance of 689.20 feet to a point, said point being the POINT OF BEGINNING; thence continuing south 86 degrees 28 minutes 17 seconds east along said common land lot line a distance of 47.39 feet to an iron pin set (1/2 inch rabar); thence leaving said common Land Lot line run south 02 degrees 07 minutes 17 seconds west a distance of 139.63 feet to a point, said point hereinafter referred to as Point `A'; thence north 87 degrees 52 minutes 43 seconds west a distance of 47.38 feet to a point; thence north 02 degrees 07 minutes 17 seconds east a distance of 1490.79 feet to the POINT OF BEGINNING. Together with: COMMENCE at aforesaid Point `A'; thence run south 02 degrees 07 minutes 17 seconds west a distance of 1562.86 feet to a point, said point being the POINT OF BEGINNING; thence continue south 02 degrees 07 minutes 17 seconds west, a distance of 129.69 feet to an iron pipe set (1/2 inch rebar); thence north 87 degrees 48 minutes 04 seconds west a distance of 50.00 feet to a point; thence north 02 degrees 07 minutes 17 seconds east a distance of 129.62 feet to a point; thence south 87 degrees 52 minutes 43 seconds east a distance of 50.00 feet to the POINT OF BEGINNING. All that tract or parcel of land lying and being in Land Lot 212 of the 20th District and 2nd Section of Cobb County, Georgia, as shown on plat of survey for the Estate of Cecilia H. Monti dated April 8, 1988, prepared by Trenton D. Turk, Registered Land Surveyor, and being more particularly described as follows: BEGINNING at a point formed by the intersection of the northeasterly right of way line of Old Highway 41, also known as State Route 293, (a 60-foot right of way) and the center line of Noonday Creek; running thence in a general northeasterly direction along the center line of Noonday Creek and following the meanderings thereof 957 feet, more or less, to a point in the center line of said creek opposite a bolt found on the southeasterly bank of said creek and evidence of old bridge; running thence southeasterly to said bolt; from said bolt running thence south 63 degrees 22 minutes 23 seconds east 54.20 feet to a point; running thence south 48 degrees 53 minutes 59 seconds east 185.55 feet to a point; running thence south 78 degrees 29 minutes 10 seconds east 288.21 feet to a point; running thence south 24 degrees 54 minutes 00 seconds east 157.80 feet to a point; running thence south 01 degree 31 minutes 04 seconds east 76.05 feet to a point; running thence south 45 degrees 05 minutes 14 seconds east 291.59 feet to a point; running thence south 39 degrees 37 minutes 00 seconds east 165.05 feet to a point;

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running thence south 55 degrees 23 minutes 00 seconds east 267.10 feet to a point; running thence south 56 degrees 40 minutes 00 seconds east 318.34 feet to a point on the northwesterly right of way line of Oak Ridge Drive (30-foot right of way); running thence in a general southwesterly direction along the northwesterly right of way line of said Oak Ridge Drive and following the curvature thereof an arc distance of 123.23 feet to a point; running thence south 29 degrees 39 minutes 17 seconds west 107.83 feet to a point; running thence in a general southwesterly direction along the northwesterly right of way line of Oak Ridge Drive and following the curvature thereof an arc distance of 199.95 feet to a point; running thence south 32 degrees 43 minutes 33 seconds west 159.00 feet to a point; running thence in a general southwesterly direction along the northwesterly right of way line of said Oak Ridge Drive an arc distance of 132.87 feet to a point; running thence south 77 degrees 18 minutes 08 seconds west 269.00 feet to a point; thence leaving the right of way line of Oak Ridge Drive and running north 55 degrees 54 minutes 36 seconds east 174.98 feet to a point; running thence north 42 degrees 14 minutes 00 seconds west 499.74 feet to a point; running thence south 53 degrees 02 minutes 58 seconds west 322.91 feet to a point on the northeasterly right of way line of Old Highway 41; running thence north 47 degrees 16 minutes 33 seconds west along the northeasterly right of way line of said highway 906.93 feet to the point of beginning. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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 (Ga. L. 1971, p. 3620), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kem W. Shipp, who on oath deposes and says that he is the Representative from the 38th District, and further deposes and says as follows: (1) That the attached 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 10, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ KEM W. SHIPP Representative, 38th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BALDWIN COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; SCHOOL DISTRICT TAXES; REFERENDUMS. No. 126 (House Bill No. 785). AN ACT To provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and from Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period; to provide for definitions; to specify the terms and conditions of each exemption and the procedures relating thereto; to provide for referenda; to provide for applicability, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

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

Page 3810

require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. SECTION 6. The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Baldwin County ad valorem taxes for county purposes. SECTION 7. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1999. SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of Baldwin County for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election conducted in 1998 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words: () YES () NO Shall Part I of an Act be approved which provides for a homestead exemption of Baldwin County ad valorem taxes for county purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period?

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All persons desiring to vote for approval of this part shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of this part, then Sections 1 through 7 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1999. If Sections 1 through 7 of this part are not so approved or if the election is not conducted as provided in this section, Sections 1 through 7 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. PART II SECTION 9. For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Baldwin County school district including, but not limited to, taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. but only includes real property where the person who is the applicant holds real property subject to a written lease of not less than ten years in duration, the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made, and the applicant is the owner of all improvements located on the real property. SECTION 10. Each resident of the Baldwin County school district is granted an exemption on that person's homestead from all Baldwin County school district ad valorem taxes for educational purposes in the following amounts: (1) For the taxable year beginning on January 1, 1997, $4,000.00 of the assessed value of that homestead; (2) For the taxable year beginning on January 1, 1998, $6,000.00 of the assessed value of that homestead; (3) For the taxable year beginning on January 1, 1999, $8,000.00 of the assessed value of that homestead; and (4) For all taxable years beginning on or after January 1, 2000, $10,000.00 of the assessed value of that homestead.

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The value of the homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 11. The tax commissioner of Baldwin County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 12. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Baldwin County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 13. The exemptions granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. SECTION 14. The exemptions granted by this part shall be in lieu of and not in addition to any other homestead exemption from Baldwin County school district ad valorem taxes for educational purposes. SECTION 15. The exemptions granted by this part shall apply to all taxable years beginning on or after January 1, 1999. SECTION 16. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Baldwin County shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the Baldwin County school district for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide general election conducted in 1998 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have written or printed thereon the words:

Page 3813

() YES () NO Shall Part II of an Act be approved which provides for a homestead exemption of Baldwin County school district ad valorem taxes for educational purposes in the amount of $10,000.00 of the assessed value of certain homesteads which are leased to certain residents of that county after a phase in period? All persons desiring to vote for approval of this part shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of this part, then Sections 9 through 15 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1999. If Sections 9 through 15 of this part are not so approved or if the election is not conducted as provided in this section, Sections 9 through 15 of this part shall not become effective, and this part shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Baldwin County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. PART III SECTION 17. Except as otherwise provided in Parts I and II of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 18. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the general Assembly of Georgia a bill to provide for homestead exemptions from Baldwin County ad valorem taxes for county purposes and for educational purposes for certain homesteads that are leased to certain residents of that county and for other purposes. This 12th day of February, 1997. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Parham, who on oath deposes and says that he is the Representative from the 122nd District, and further deposes and says as follows:

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(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of Baldwin County, on the following date: February 14, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOBBY E. PARHAM Representative, 122nd District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF WAYCROSS MUNICIPAL COURT; JUDGE AND JUDGE PRO TEMPORE; PROBATION. No. 127 (House Bill No. 787). AN ACT To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), so as to restyle the police court of the City of Waycross as the Municipal Court of the City of Waycross; to change the provisions relating to the selection of the judge and the judge pro tempore of the municipal court; to authorize the municipal court to determine the question of probation of criminal defendants; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3815

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), and an Act approved April 13, 1992 (Ga. L. 1992, p. 6055), is amended by striking Section 59 in its entirety and inserting in lieu thereof the following: SECTION 59. Municipal court. (a) (1) That court previously known as the `police court' of the City of Waycross or as the `recorder's court' of the City of Waycross shall henceforth be known as the municipal court of the City of Waycross. (2) Where the terms `recorder's court' and `police court' appear in the charter of the City of Waycross and the ordinances of the City of Waycross, they are stricken and the term `municipal court' is inserted in lieu thereof. (b) The municipal court is clothed with all such powers as are inherent in courts generally and as usually belong to municipal courts, as well as those more particularly set forth in this section. Said municipal court shall be held and conducted in such manner and at such place and such times as the commission shall prescribe by ordinance or as may be necessitated by the exigencies of the case. Said municipal court shall have jurisdiction to try and determine all offenses against the laws and ordinances of the city committed within the jurisdictional limits of the city, and upon conviction to punish the offenders for the violation of such laws and ordinances by imposing such fines and sentences and inflicting such punishment as shall be prescribed by the charter of the City of Waycross and the ordinances and resolutions adopted in pursuance thereof, also to forfeit all appearance bonds and recognizances returnable to said court and to hear, try, and determine all issues made therein and to render judgment on said issues; and also to try all nuisances and questions arising in reference thereto and to grant judgments for the abatement of said nuisances and for the removal thereof.

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(c) (1) No person shall be eligible to serve as judge or as judge pro tempore of the municipal court unless such person shall be, at the time of qualification, at least 21 years of age, shall be a resident of the Waycross Judicial Circuit, and shall be a licensed, practicing attorney at law in good standing. (2) Any person selected to be judge of said court shall preside over said court and shall try and determine all cases therein, without a jury. Said person shall be clothed with all the powers as judge of said court as set forth in this charter and the ordinances of the City of Waycross and as provided by law. (3) Before entering upon the duties of office said person shall take and subscribe the following oath, which shall be entered upon the minutes of the commission: `I solemnly swear that I will uprightly demean myself as judge of the municipal court of the City of Waycross and that I will faithfully and impartially discharge all the duties incumbent on me as presiding judge of said municipal court of said city, according to my best ability and understanding, and agreeably to the laws and Constitution of the United States and the charter and ordinances of the City of Waycross, and the laws and Constitution of the State of Georgia, so help me God.' (4) The judge shall hold court at stated hours daily, Sunday excepted, or as often as the exigencies of business may demand. In case the judge is absent from the city, sick, disqualified, or for other cause is unable to hold court, the judge pro tempore shall preside and act as judge of said court in the place of said judge and while so doing shall be clothed with all the rights and powers of the judge of said court. In case both the judge and the judge pro tempore are absent from the city, sick, disqualified, or for other cause are unable to hold court, the judge of any other municipal court in any municipal corporation of this state shall preside and act as judge of said court in the place of said judge or judge pro tempore and while so doing shall be clothed with all the rights and powers of the judge of said court. (5) The judge of said court and the judge pro tempore of said court shall serve at the pleasure of the commission of the City of Waycross. (6) The judge of said court and the judge pro tempore shall be selected by the commission of the City of Waycross in the same manner and at the same time as the city manager and other officers are now elected and each shall serve for a term of one year or until his or her successor is elected and installed, whichever is later. (7) In case a vacancy shall occur in the office of judge or judge pro tempore of said court from any cause, such vacancy shall be filled by the commission of the City of Waycross. (d) The judge shall be, to all intents and purposes, a justice of the peace, and shall be authorized and empowered to issue warrants for offenses

Page 3817

committed within the jurisdiction of the City of Waycross for police purposes, against the penal laws of this state, either before or after the hearing or trial of the charge in the municipal court, and consequently where, in the course of an investigation of a matter in said municipal court, it shall appear that the penal laws of this state have been violated, it shall be the duty of the judge to bind over the offender to the proper court having jurisdiction of such matters and to that end the judge shall have the power and authority to commit such offender or offenders to the county jail of the appropriate county or admit them to bail, in bailable cases, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. (e) The judge of the municipal court shall have the power to impose fines and inflict punishments after conviction upon all violators of the laws and ordinances of said city by fine not to exceed $1,000.00 or by labor on the streets or public works of said city under the control and direction of the proper officers, not to exceed six months, or by confinement in the city jail not to exceed six months, either one or more or all, in the discretion of the judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative or either or both of the other punishments in the event the fines are not paid. Upon failure or refusal of any person to pay promptly any fine or costs imposed by said municipal court, such fine or costs may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (f) (1) The judge when sitting or proceeding in such municipal court shall have the authority to issue attachment and inflict summary punishment for contempt of court in cases of: (A) Misbehavior of any person or persons in the presence of such court or so near thereto as to obstruct the administration of justice; (B) Misbehavior of any of the officers of the court in their official transactions; or (C) Disobedience or resistance of any officer of the court, party, juror, witness, or other person or persons to any lawful writ, processed order, rule, decree, or command of the court. (2) The judge of said municipal court shall have the power and authority to punish for contempt by fine not to exceed $1,000.00 or confinement in the city jail not to exceed six months, either one or more or all, in the discretion of the judge trying the case, and all sentences may be in the alternative and fines may be imposed with the alternative of either or both of the other punishments in the event that the fines are not paid. Upon failure or refusal of any person to pay

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promptly any fine or cost imposed by said judge, such fine or cost may be enforced and collected by an execution issued and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the commission of the City of Waycross. (g) There shall be kept in the records of said court one or more dockets, on which shall appear the name of each person arrested for any offense against the municipal ordinances or laws in force within the jurisdictional limits of the city and a brief and clear statement of the offense with which such person is charged. Upon the trial of such person, the sentence imposed or the disposition made of the case shall be entered in writing opposite the name and charge by the judge of said court, which respective entries shall be signed by the judge in such cases. (h) The municipal court shall have power to compel the attendance of persons charged with the violation of any of the city ordinances or laws of the city by summons, which summons shall be issued by the city clerk and bear teste in the name of the mayor and shall set forth the nature of the charge or case and the time set for trial or hearing and shall be served upon the defendant by any officer or member of the police force. Likewise said court shall have power to compel the attendance of witnesses in all proceedings by issuing subpoenas which shall be similarly tested, issued, and served. (i) The municipal court shall have power to punish any person disobeying any summons or subpoena provided for in subsection (h) of this section as for contempt. Any person who may be charged with contempt may be arrested by attachment in writing or warrant signed by the judge, which said attachment or warrant shall be executed by any member of the police force. (j) The cases before the municipal court shall be tried as speedily as possible. With due regard to the rights of the accused and of the city, continuances may be granted by the court upon proper showing made, in accordance with the rules governing such matters in the superior courts of this state, but such continuances shall be only until a time when the case can be properly tried in the discretion of the judge. (k) When any person who is charged with an offense against the laws or ordinances of the city, or who is arrested for such offense, shall give bond for his or her appearance at any session of the municipal court, and if such person shall fail to appear at the time appointed in said bond, then and in such event said bond shall be forfeited and the amount of said bond collected from the principal and sureties thereon in a manner to be provided for by ordinance of the city. The commission is expressly authorized and empowered to provide by ordinance for the forfeiture and collection of such appearance bonds similarly to the way in which

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they are forfeited in superior courts in this state, and said court is clothed with full power and authority to forfeit said appearance bonds and grant judgments upon said bonds for the amounts thereof, in the same way that superior courts grant such judgments. On the entering of such judgment, the city clerk shall issue an execution against the principal and surety or sureties on such bonds in conformity with such judgment, and in the form and manner prescribed for executions, issued by the city for taxes, which executions shall be placed in the hands of the city marshal who shall proceed to enforce and collect said executions as tax executions of the city are enforced and collected. (l) In any case where any person charged with an offense against the ordinances of the city, or arrested for such offenses, has deposited a sum of money as a bond for his or her appearance in the municipal court, and similarly where some other party has deposited a sum of money for the appearance of such person in municipal court, then and in the event such person does not appear at the time appointed, for whose appearance such sum of money was deposited in lieu of bond as aforesaid, said sum of money shall be forfeited instanter by the judgment of the municipal court entered upon the municipal court docket and shall be paid over to the city treasurer as the property of the City of Waycross. (m) The commission shall have the power to provide by ordinance for the charge and collection of all items of costs in cases brought into the municipal court, such as are usually incident and lawfully chargeable to the prosecution of said cases, said costs to be added to the amount of the fines imposed and collected, and then to be paid over to the proper officers for whose use they are charged. The city clerk and the marshal of the city, or such police officer as he or she may deputize, shall be the clerk and marshal respectively of said municipal court and shall serve in such capacity, and their duties and fees or costs shall be such as usually appertain to such officers in courts and as may be fixed by ordinance, and they shall be entitled to receive such fees or costs for their services, in said court, when such fees or costs are collected along with the fines, as provided in this subsection, but not otherwise. They shall not be entitled to any payments on account of solvent costs. (n) The right of certiorari from the decision and judgment of the municipal court shall exist in all cases, and any and all persons who shall complain and take exception at any decision or judgment rendered in said municipal court shall have the right to have such decision or judgment reviewed by a writ of certiorari which shall be applied for, issued, and heard and determined under the provisions of the laws of this state in such cases made and provided. (o) (1) No resident of Ware County who is not a resident of the City of Waycross shall be prohibited from giving a property bond solely on the basis of residency for the appearance in the municipal court of the City of Waycross or a person who is charged with an offense against the

Page 3820

laws or ordinances of the City of Waycross. The means and method for giving bond, forfeiture of bond, execution, and judgment thereon shall be established by the code of the City of Waycross and the ordinances and laws applicable to the City of Waycross. Any such existing means and method in said code, ordinances, as well as any amendments thereto, and laws shall apply to property bonds under this paragraph. (2) If Ware County residents who are not residents of the City of Waycross give bond for a person or persons to appear in the municipal court of the City of Waycross, and if such person shall fail to appear at the time appointed in said bond, then in such event said bond shall be forfeited and the amount of said bond collected from the principal and his or her sureties as established by the ordinances and laws of the City of Waycross and general laws of this state applicable to said court. Any ordinances and laws in effect at the time this ordinance is adopted, as well as any amendments that may be adopted from time to time, shall apply to persons and bonds which are given by Ware County residents who are nonresidents of the City of Waycross. (p) The commission, by ordinance, may authorize the judge of the municipal court of the City of Waycross to grant a conditional discharge for possession of one ounce or less of marijuana as a first offense and for dismissal of charges. (q) The municipal court of the City of Waycross in a case in which a defendant has been found guilty upon court decision or plea or has been sentenced upon a plea of nolo contendere may at a time to be determined by the court hear and determine the question of the probation of such defendant. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 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 1997 session of the General assembly of Georgia a bill to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particuarly by an Act approved April 13, 1989 (Ga. L. 1989, p. 4916), so as to amend the Charter of the City of Waycross by amending Section 59, Recorder's Court.

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This 30th day of January, 1997. /s/ Representative Harry D. Dixon 68th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who on oath deposes and says that he is the Representative from the 168th District, and further deposes and says as follows: (1) That the attached 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 1, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HARRY D. DIXON Representative, 168th District Sworn to and subscribed before me, this 20th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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DEKALB COUNTY TAX COMMISSIONER; COMPENSATION. No. 128 (House Bill No. 793). AN ACT To amend an Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), so as to change the compensation of the tax commissioner; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of certain county officers and officials of DeKalb County, approved March 31, 1976 (Ga. L. 1976, p. 3986), as amended, particularly by an Act approved March 30, 1995 (Ga. L. 1995, p. 4016), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. Notwithstanding any other provisions of law to the contrary, the annual salary of each of the officials of DeKalb County listed below shall be the following percentage of the gross salary as defined in Section 1: (1) Sheriff 65% (2) Judge of the Probate Court 85% (3) Clerk of the Superior Court 75% (4) Tax commissioner 75% (5) Judge of the Juvenile Court 90% SECTION 2. Said Act is further amended by striking Section 2.1 in its entirety and inserting in lieu thereof a new Section 2.1 to read as follows: SECTION 2.1. Notwithstanding any other provisions of law to the contrary, the chief executive officer of DeKalb County shall receive an annual salary of $93,806.00, and the members of the Board of County Commissioners shall receive an annual salary of $19,443.00. SECTION 3. This Act shall become effective January 1, 1998.

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SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to change the provisions relating to the compensation for the office of Tax Commissioner of DeKalb County; and for other purposes. This 10 day of February, 1997. Representative Betty Jo Williams 63rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Betty Jo Williams, who on oath deposes and says that she is the Representative from the 63rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News/Era, which is the official organ of DeKalb County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ BETTYJO WILLIAMS Representative, 63rd District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CATOOSA COUNTY TAX COMMISSIONER; CLERICAL ALLOWANCE. No. 129 (House Bill No. 794). AN ACT To amend an Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3614), so as to increase the amount payable for clerical help in the office of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the office of tax commissioner of Catoosa County, approved February 10, 1937 (Ga. L. 1937, p. 1267), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3614), is amended by striking Section 5 in its entirety and inserting in lieu thereof a new Section 5 to read as follows: SECTION 5. The compensation of the tax commissioner of Catoosa County, as full compensation for any and all duties performed by the tax commissioner as receiver and collector of school district and school bond taxes and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of $6,000.00 per annum, to be paid in equal semimonthly installments. In addition to said $6,000.00 annual salary, the tax commissioner shall, when acting as ex officio sheriff, be entitled to an additional salary of $200.00 per month, as provided for in subsection (c) of Code Section 48-5-137 of the O.C.G.A. There shall also be paid to the

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tax commissioner, but not as personal funds of the tax commissioner, the sum of $155,000.00 per annum, to be paid in equal semimonthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all state, professional, and special taxes and on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, which total taxes due shall include, without being limited to, those motor vehicle taxes listed in said digest. Said commissioner shall be entitled to a commission of 10 percent of all collections in excess of 90 percent of the total taxes due according to the tax net digest, and said commissioner's entitlement thereto shall be unaffected by any salary limitation set forth in paragraph (3) of subsection (c) of Code Section 48-5-180 of the O.C.G.A. Said tax commissioner shall also be entitled to the fees now allowed tax commissioners for motor vehicle license tags and for certain motor vehicle title transactions pursuant to Chapters 2 and 3 of Title 40 of the O.C.G.A. Said tax commissioner shall also be entitled to the commission now allowed tax collectors on intangible taxes pursuant to Code Section 48-6-73 of the O.C.G.A. All commissions due to said tax commissioner for school taxes, school bond taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the Tax Commissioner will request local legislation to increase the clerical allowance of the office of Tax Commissioner of Catoosa County, Georgia, and for other purposes, at the 1997 Regular Session of the General Assembly of the State of Georgia. This 20th day of December, 1996. Sandra Self, Catoosa County Tax Commissioner
Page 3826

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William H. H. Clark, who on oath deposes and says that he is the Representative from the 3rd District, and further deposes and says as follows: (1) That the attached 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 1, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WILLIAM H. H. CLARK Representative, 3rd District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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CATOOSA COUNTY PROBATE COURT; JUDGE'S CLERICAL ALLOWANCE; SUPERIOR COURT; CLERK'S CLERICAL ALLOWANCE. No. 130 (House Bill No. 795). 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, 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. 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, 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 $175,000.00 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.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that the undersigned will request local legislation to increase the clerical allowance of the office of Clerk of the Superior Court of Catoosa County, Georgia, and for other purposes, at the 1997 Regular Session of the General Assembly of the State of Georgia. This 20th day of December, 1996. Normal L. Stone, Clerk Superior Court Catoosa County, Ga. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William H. H. Clark, who on oath deposes and says that he is the Representative from the 3rd District, and further deposes and says as follows: (1) That the attached 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 8, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ WILLIAM H. H. CLARK Representative, 3rd District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF HOGANSVILLE CITY MANAGER; CONTRACT. No. 131 (House Bill No. 796). AN ACT To amend an Act creating a new charter for the City of Hogansville, approved February 13, 1976 (Ga. L. 1976, p. 2588), so as to allow the Mayor and City Council to enter into a written contract for the employment of a 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 Hogansville, approved February 13, 1976 (Ga. L. 1976, p. 2588), is amended by striking Section 5.06 of said Act and inserting in lieu thereof a new Section 5.06 to read as follows: SECTION 5.06. City manager; creation of office, appointment, removal. (a) The office of city manager is hereby created. (b) The city manager shall be appointed by the city council for an indefinite term or, by a majority vote, may be given a written agreement. He or she shall be chosen solely on the basis of his or her executive and administrative qualifications with special reference to his or her actual experience in or knowledge of accepted practice in respect to the duties of his or her office as set forth in this charter. At the time of his or her appointment he or she need not be a resident of the city or the state, but during his or her tenure of office he or she shall reside within the county.

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No mayor or councilperson shall receive such appointment during the term for which he or she shall have been elected, nor within one year after the expiration of his or her term. (c) The city council may remove the city manager at any time by a majority vote adopting a resolution to that effect. The city manager may, within ten days after notice of adoption of such resolution, reply in writing and may request a public hearing, which shall be held not earlier than 20 nor later than 30 days after the filing of such request. The action of the council in removing the city manager, however, shall be final. Upon the city manager's removal as provided for in this section, the city manager shall be paid forthwith any unpaid balance of his or her salary for the calendar month following the month in which he or she is removed and the salary for the next calendar month following. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. CERTIFICATE OF VOTE I am the City Clerk of the City of Hoganville, and the constitutional keeper of the record and minutes. On the 13th day of January, 1997, the City Council, by a majority vote, duly passed a resolution to enter into a written contract with the City Manager. This certificate is being given by me as evidence of the official act of the City Council and with the knowledge that the local legislators will rely upon this certificate to present the local legislation. s/ Diane Carter, City Clerk City of Hogansville NOTICE OF INTENT TO INTRODUCE LEGAL LEGISLATION Notice is hereby given pursuant to O.C.G.A. Section 28-1-14 of the intention to introduce legal legislation during the 1997 session of the General Assembly a bill to create a Enter into a Written Contract with the Hogansville City Manager. Daniel W. Lee City Attorney, Hogansville, Georgia 208 W. Haralson Street LaGrange, Ga. 30240 GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Brown, who on oath deposes and says that he is the Representative from the 130th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News, which is the official organ of Troup County, on the following date: January 31, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JEFF BROWN Representative, 130th District Sworn to and subscribed before me, this 26th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

Page 3832

WARE COUNTYSTATE COURT; JUDGE; SOLICITOR-GENERAL; COMPENSATION. No. 132 (House Bill No. 797). 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 March 30, 1993 (Ga. L. 1993, p. 4284), so as to provide for the compensation of the Solicitor-General and the judge of said court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 March 30, 1993 (Ga. L. 1993, p. 4284), is amended by striking Section 4A which reads as follows: SECTION 4A. Following the effective date of this Act, the Judge of the State Court of Ware County shall receive a salary in such an amount as to provide for a total salary for such Judge for the calendar year of 1993 in the amount of $35,000.00. The salary of such Judge for the calendar year 1994 and annually thereafter shall be $40,000.00. The Solicitor of the State Court of Ware County shall receive an annual salary of $23,000.00. Said compensation shall be paid in equal monthly installments from funds of Ware County., and inserting in its place a new Section 4A to read as follows: SECTION 4A. Following the effective date of this Act, the Solicitor-General of the State Court of Ware County shall receive a salary in such an amount as to provide for a total salary for such Solicitor-General for the calendar year of 1997 and annually thereafter, in the amount of $36,000.00 or such larger amount as may from time to time be provided for by general state law. The Judge of the State Court of Ware County shall receive an annual salary of $40,000.00 or such larger amount as may from time to time be provided for by general state law. Said compensation shall be paid in equal monthly installments from funds of Ware County. Ware County shall be authorized but not required to supplement such salaries, or either of them, in such an amount or amounts as its Board of Commissioners may from time to time determine.

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SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 Session of the Georgia General Assembly, a bill 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 March 30, 1993 (Ga. L. 1993, p. 4284-4286), so as to change the compensation of the Judge and Solicitor General of said Court; and for other purposes. this 19th day of February, 1997. s/Harry D. Dixon Representative, 168th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who on oath deposes and says that he is the Representative from the 168th District, and further deposes and says as follows: (1) That the attached 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 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

Page 3834

municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HARRY D. DIXON Representative, 168th District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF WAYCROSSCORPORATE LIMITS. No. 133 (House Bill No. 798). AN ACT To amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3587), so as to change the corporate limits of said city; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3587), is amended by adding at the end of Section 3 thereof new paragraphs (10) and (11) to read as follows: (10) All that tract or parcel of land situate, lying and being in the 8th Land District of Ware County, Georgia and more particularly described as follows: All of Lot Four (4) and the west sixty (60') feet of Lot 5 of Block A of North Cherokee Hills Subdivision, as per plat of said subdivision recorded in Plat Book A, Page 422, in the office of the Clerk of Ware Superior Court, and being known as 2202 Lakeview Drive, Waycross, Georgia.

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(11) The entire right of way of Lakeview Drive extending northeasterly from the existing corporate limits of the City of Waycross a distance of 129 feet to the property line of the tract described in A., above. SECTION 2. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective on July 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 1997 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3587), so as to annex certain property into the City of Waycross; and for other purposes. This 10th day of February, 1997. s/ Representative Harry D. Dixon 168th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry D. Dixon, who on oath deposes and says that he is the Representative from the 168th District, and further deposes and says as follows: (1) That the attached 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 22, 1997. (2) That the laws requireing notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

Page 3836

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HARRY D. DIXON Representative, 168th District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF WINDER MAYOR; TERM LIMIT REPEALED. No. 134 (House Bill No. 799). AN ACT To amend an Act reincorporating the City of Winder, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 4328), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4897), so as to repeal the two-term limit applicable to the mayor; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reincorporating the City of Winder, approved March 25, 1974 (Ga. L. 1974, p. 3476), as amended by an Act approved April 17, 1975 (Ga. L. 1975, p. 4328), and an Act approved March 30, 1987 (Ga. L. 1987, p. 4897), is amended by striking Section 2-2 in its entirety and substituting a new Section 2-2 in lieu thereof, to read as follows: SECTION 2-2. Qualifications for mayor and councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least 21 years of age, must meet the

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requirements to be a qualified voter of said city, as prescribed by state law, and, except for the first election held under this charter, must have been a bona fide resident of the city for at least one year in the case of a councilman and two years in the case of the mayor next preceding the election in which he offers as a candidate. No person shall be eligible as mayor or councilman who shall have been convicted of a crime involving moral turpitude unless such person has received a full pardon and has all rights of citizenship restored. SECTION 2. Notwithstanding any other provision of law to the contrary, this Act shall become effective July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, Section 2-2 of the Winder City Charter provides that any person may serve as councilman for any number of terms in office with no limitation on succeeding terms, and WHEREAS, Section 2-2 of the Winder City Charter prohibits a person from serving as mayor for more than two (2) terms in immediate succession, and WHEREAS, the City Council of the City of Winder hereby determines that the limitation on mayors serving succeeding terms should be abolished so that the mayor and council are treated equally. NOW THEREFORE, be it hereby resolved that the City Council of the City of Winder hereby requests that Section 2-2 of the Winder City Charter be amended to remove from said Section the prohibition against the mayor serving more than two (2) terms in immediate succession, and the local delegation to the Georgia General Assembly is hereby requested to introduce appropriate local legislation at the next session of the Georgia General Assembly to accomplish such amendment to the City Charter. IT IS SO RESOLVED this 3rd day of September, 1996. s/ James Ridley Parrish Councilman s/ Mike Mingus Councilman s/ J. L. Morris Councilman s/ Charles E. Haymon Councilman
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s/ James W. Sheridan Councilman s/ Charlie F. Eberhart Councilman By: s/A Lamar Ouzts Mayor Attest: s/Jane Shelton City Clerk NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the Regular 1997 Session of the General Assembly of Georgia a Bill to amend an Act creating a New Charter for the City of Winder (Georgia Laws 1974, page 3476, as amended; Georgia Laws 1975, page 4328; Georgia Laws 1987, page 4897), so as to provide for removing the prohibition against the mayor serving more than two terms in immediate succession; and for other purposes. This 3rd day of January, 1997. -s- John E. Stall, Jr. Attorney for the City of Winder GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Warren Massey, who on oath deposes and says that he is the Representative from the 86th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Barrow Eagle, which is the official organ of Barrow County, on the following date: January 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WARREN MASSEY Representative, 86th District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. PUTNAM COUNTY STATE COURT; REVISION OF LOCAL LAW. No. 135 (House Bill No. 805). AN ACT To revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County); to provide for the existence and situs of the court; to provide for the furnishing of facilities for the court by the governing authority of Putnam County; to provide for the judge of the court and the judge's selection, qualifications, and service; to provide for terms of court; to provide for practice and procedure and for jurisdiction; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for appellate review; to provide for the solicitor-general of the court and the selection, qualifications, and service of the solicitor-general; to repeal certain specific Acts; 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 Article VI, Section X, Paragraph I (6) of the Constitution of the State of Georgia, there shall be a State Court in Putnam County (formerly

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the County Court of Putnam County), which shall be known as the State Court of Putnam County, with the powers and duties set out by general law and this Act. SECTION 2. The governing authority of Putnam County shall provide an adequate place and facilities for the holding of the State Court of Putnam County. The said court shall be located in the City of Eatonton, Georgia. SECTION 3. There shall be a judge of the State Court of Putnam 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 person elected in 1996, the year of a presidential election, shall remain the judge until January 1 of the year following the next year of a presidential election. SECTION 4. The judge of the State Court of Putnam County shall meet the qualifications as provided in Code Section 15-7-21 of the O.C.G.A. The judge of the State Court of Putnam County shall be a part-time judge. SECTION 5. The State Court of Putnam County shall have terms twice a year and six months in duration, to be held on the second Monday of January and the second Monday of July. The court shall be open for business at the times and days designated by the judge and at the judge's discretion. 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; provided, however, that 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. The jurors for the State Court of Putnam County shall be drawn and selected from the jury box of the Superior Court of Putnam 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 the superior courts not inconsistent with the provisions of this Act shall apply to the State Court of Putnam County. The jurors so drawn shall be summoned by the Sheriff of Putnam County, or other lawful officer, in the manner authorized in the Superior Court of Putnam County at least five days before the court date at which they are called to serve; and, from the jurors drawn and summoned as above provided, there shall be empaneled in all civil cases to be tried by a jury in said court a panel of 12 prospective jurors;

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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. However, in any civil action in which the claim for damages is greater than $10,000.00, either party may demand a jury of 12 as provided in Code Section 15-12-122 of the O.C.G.A. If there should be any deficiency of jurors from cause or absence, the sheriff by direction of the court shall complete the jury by talesman 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 Putnam 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 Putnam County. SECTION 7. (a) Proceedings in criminal cases in the State Court of Putnam County shall be by accusation, citation, or referral of indictment by the Superior Court of Putnam County and trial shall conform to 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 a 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 Putnam 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 the basis for the issuance of a warrant for the arrest of the defendant. (c) Proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings except for the provisions for jurors set forth in this section. (d) The clerk of the State Court of Putnam 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-general of said court for purposes of having an accusation drawn. SECTION 8. The Uniform State Court Rules shall apply where applicable. SECTION 9. The State Court of Putnam County shall have jurisdiction within the territorial limits of Putnam County and concurrent with the superior

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courts. The court shall have jurisdiction over the matters set out in Code Section 15-7-4 of the O.C.G.A. SECTION 10. The State Court of Putnam County shall be entitled to one employee who shall be designated as a deputy clerk by the clerk of Superior Court of Putnam County. SECTION 11. The judge of the State Court of Putnam 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 Putnam County which shall be taxed and enforced as in the Superior Court of Putnam County. SECTION 12. Costs for all civil and criminal cases in the State Court of Putnam County shall be the same as costs that are employed in the Superior Court of Putnam County. The State Court of Putnam County shall establish its own fines and bond amounts not in conflict with law. SECTION 13. From and after the passage of this Act, the deputy clerk of the State Court of Putnam County shall pay into the county treasury of Putnam County all amounts of costs, fines, and forfeitures collected by said court, such amounts to be paid into the fund of the county treasury. The deputy clerk shall keep all records and reports required by the court. SECTION 14. All cases in the State Court of Putnam 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 received. SECTION 15. There shall be a solicitor-general of the State Court of Putnam County who shall be elected for a term of four years and shall be elected each four years thereafter at succeeding general elections. The solicitor-general shall be governed by Article 3 of Chapter 18 of the O.C.G.A. Qualifying and primary elections preceding the general election shall be as required by law. SECTION 16. The solicitor-general of the State Court of Putnam County shall meet the qualification as provided in Code Section 15-18-62 of the O.C.G.A. The position of solicitor-general shall be a part-time position.

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SECTION 17. The following Acts are repealed in their entirety: (1) An Act relating to the solicitor of the County Court of Putnam County, approved August 13, 1910 (Ga. L. 1910, p. 229), as amended by an Act approved August 16, 1913 (Ga. L. 1913, p. 285); (2) An Act relating to the judge of the County Court of Putnam County, approved November 4, 1889 (Ga. L. 1888-89, p. 1162); (3) An Act relating to the judge of the County Court of Putnam County, approved October 21, 1879 (Ga. L. 1878-79, p. 371); (4) An Act relating to the County Court of Putnam County, approved February 28, 1876 (Ga. L. 1876, p. 79); and (5) An Act relating to the County Court of Putnam County, approved February 15, 1873 (Ga. L. 1873, p. 285). SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. 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 1997 session of the General Assembly of Georgia a bill to revise, moderize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County); to provide for the existence and situs of the court; to provide for the furnishing of facilities for the court by the governing authority of Putnam County; to provide for the judge of the court and the judge's selection, qualifications, and service; to provide for terms of court; to provide for practice and procedure and for jurisdiction; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for appellate review; to provide for the solicitor-general of the court and the selection, qualifications, and service of the solicitor-general; to repeal certain specific Acts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 18th day of February, 1997. Representative R. M. Channell 111th District
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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 the Representative from the 111th District, and further deposes and says as follows: (1) That the attached 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 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ R. M. CHANNELL Representative, 111th District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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STEWART COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; COMPENSATION; DUTIES AND POWERS; PURCHASES. No. 136 (House Bill No. 807). AN ACT To amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), so as to change the provisions relating to the compensation of the chairperson of the board of commissioners; to change the provisions relating to the duties and powers of the chairperson; to change the provisions relating to purchases and bids; 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 Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), is amended by striking subsection (a) of Section 7 and inserting in its place the following: (a)(1)(A) For so long as the board operates without employing a county manager, the chairperson shall supervise the day to day activities of the county government and shall be paid $1,495.00 per month plus any adjustments in the such amount as provided in this paragraph. (B) The amount provided in subparagraph (A) of this paragraph as increased by subparagraph (C) of this paragraph shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by the chairperson after December 31, 1996, effective the first day of January following the completion of each such period of service. (C) On and after January 1, 1998, whenever the state 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 amounts fixed in subparagraph (A) of this paragraph or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subparagraph (B) of this paragraph, 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 subparagraph (A) of this

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subsection or the amounts 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. The periodic changes in the amounts fixed as provided in this paragraph, or the amounts derived through the application of longevity increases, shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amount fixed in this paragraph, including the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective. (2) If the board elects to employ a county manager, then the chairperson shall be paid the sum of $300.00 per month. (3) All other commissioners shall be paid the sum of $150.00 per month. (4) Such compensation shall be paid in equal monthly installments from the funds of Stewart County. (5) Nothing contained in this section shall preclude or bar the board from electing to employ a county manager. SECTION 2. Said Act is further amended by striking Section 10 and inserting in its place the following: 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; (5) Coordinating intergovernmental activity among municipalities, other counties, the state, and the United States and any agencies thereof;

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(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; (8) Appointing subcommittee chairpersons with the approval of the board of commissioners; and (9) Supervising and managing the day to day operations of the county government. SECTION 3. Said Act is further amended by striking Section 12 and inserting in its place the following: SECTION 12. Formal sealed bids shall be received for purchases which exceed the sum of $7,500.00. Advertisements for such bids shall be published for two 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 4. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028); and for other purposes. This 17 day of February, 1997. Gerald Greene Representative 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 the Representative from the 158th District, and further deposes and says as follows: (1) That the attached 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 20, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GERALD E. GREENE Representative, 158th District Sworn to and subscribed before me, this 26th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. RICHMOND HILL AREA CONVENTION AND VISITORS BUREAU AUTHORITYMEMBERSHIP. No. 137 (House Bill No. 829). AN ACT To amend an Act entitled An Act to create the Richmond Hill Area Convention and Visitors Bureau Authority, approved April 15, 1996 (Ga. L. 1996, p. 4442), so as to change certain provisions relating to membership of 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 entitled An Act to create the Richmond Hill Area Convention and Visitors Bureau Authority, approved April 15, 1996 (Ga. L. 1996, p. 4442), is amended by striking in its entirety subsection (a) of Section 4 and inserting in lieu thereof the following: (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 Richmond Hill or South Bryan County or owners or employees designated by owners of businesses located in Richmond Hill or South Bryan County or both. Members shall have a demonstrated interest in the promotion of tourism, conventions, and trade shows in Richmond Hill or South Bryan County. At least two of the members shall be representatives of the tourism industry. 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 filing 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. 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 Notice is hereby given that there will be introduced during the 1997 regular session of the General Assembly of Georgia an amendment to the Richmond Hill Convention Visitors Bureau Authority Bill regarding members meetings and amendment of By-laws. This 10th day of January 1997. s/Richard R. Davis Mayor Richard Davis City of Richmond Hill s/Ben MacMillan
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Chairman Ben MacMillan Richmond Hill Convention Visitors Bureau Richmond Hill, Georgia 31324. 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 the Representative from the 147th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Bryan County Times, which is the official organ of Bryan County on January 22, 1997, and in the Richmond Hill-Bryan County News which is the official organ of the City of Richmond Hill on January 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANN R. PURCELL Representative, 147th District Sworn to and subscribed before me, this 27th day of February, 1997.
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s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CHATHAM COUNTY PROBATE COURT; JUDGE; COMPENSATION. No. 138 (House Bill No. 849). AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of the judge of the Probate Court of Chatham County; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner $ 53,000.00 per annum Sheriff 54,000.00 per annum Clerk of superior court 50,000.00 per annum Clerk of the state court 33,000.00 per annum Judge of the recorder's court 59,500.00 per annum Judge of the probate court 75,000.00 per annum effective January 1, 1998, and $82,500.00 effective January 1, 1999

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Judge of the juvenile court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Judge of the state court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Chief magistrate of the magistrate court 63,000.00 per annum Magistrate of the magistrate court 47,900.00 per annum Coroner 8,200.00 per annum (b) The governing authority of Chatham County shall grant each officer and official listed in subsection (a) of this section the same percentage increases in salary that it grants as cost-of-living increases to employees of Chatham County. Such increases shall be granted at the same time cost-of-living increases are granted to county employees. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act providing for the

Page 3853

compensation of certain officials in Chatham County, approved March 26, 1986, (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of the judge of the Probate Court of Chatham County; and for other purposes. This 28th day of January, 1997. Tom Bordeaux Representative 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Bordeaux, who on oath deposes and says that he is the Representative from the 151st District, and further deposes and says as follows: (1) That the attached 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 30, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOM BORDEAUX Representative, 151st District Sworn to and subscribed before me, this 26th day of February, 1997.
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s/ Teresa Akins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CHATHAM COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE AND MAGISTRATES; COMPENSATION. No. 139 (House Bill No. 850). AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of the chief magistrate and magistrates of the Magistrate Court of Chatham County; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner $ 53,000.00 per annum Sheriff 54,000.00 per annum Clerk of superior court 50,000.00 per annum Clerk of the state court 3,000.00 per annum Judge of the recorder's court 59,500.00 per annum Judge of the probate court 75,000.00 per annum Judge of the juvenile court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Judge of the state court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Chief magistrate of the magistrate court 78,000.00 per annum effective January 1, 1998, and $85,000.00 effective July 1, 1998 Magistrate of the magistrate court 70,100.00 per annum effective January 1, 1998, and $76,500.00 effective July 1, 1998 Coroner 8,200.00 per annum

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(b) The governing authority of Chatham County shall grant each officer and official listed in subsection (a) of this section the same percentage increases in salary that it grants as cost-of-living increases to employees of Chatham County. Such increases shall be granted at the same time cost-of-living increases are granted to county employees. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986, (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of the chief magistrate and magistrates of the Magistrate Court of Chatham County; and for other purposes. This 30th day of January, 1997. Tom Bordeaux Representative 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Bordeaux, who on oath deposes and says that he is the Representative from the 151st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 4, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ TOM BORDEAUX s/ Representative, 151st District Sworn to and subscribed before me, this 26th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. THOMAS COUNTYBOARD OF EDUCATION; PER DIEM ALLOWANCE. No. 140 (House Bill No. 857). AN ACT To amend an Act entitled An Act to provide for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), so as to provide a per diem allowance for the members of such 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 entitled An Act to provide for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), is amended by redesignating Section 4 as Section 5 and by inserting immediately following Section 3 a new Section 4 to read as follows: SECTION 4. The members of the board of education shall, when approved by the board, receive a per diem of $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide for the Board of Education of Thomas County approved March 30, 1989 (Ga. L. 1989 p. 4321); and for other purposes. This 19th day of February, 1997. Honorable Theo Titus, III Representative, District 180 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 the Representative from the 180th District, and further deposes and says as follows: (1) That the attached 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 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THEO TITUS, III Representative, 180th District
Page 3859

Sworn to and subscribed before me, this 28th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BULLOCH COUNTY TAX COMMISSIONER; COMPENSATION. No. 141 (House Bill No. 877). AN ACT To amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, approved March 30, 1989 (Ga. L. 1989, p. 4767), so as to change the compensation of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, approved March 30, 1989 (Ga. L. 1989, p. 4767), is amended by striking subsection (a) of Section 2 of said Act and inserting in its place the following: (a) Each county officer shall be compensated as follows: (1) The probate judge shall receive an annual salary as provided by general state law; (2) The sheriff shall receive an annual salary as provided by general state law; (3) The clerk of superior court shall receive an annual salary as provided by general state law; and (4) The tax commissioner shall receive an annual salary of $44,801.00 plus the $2,400.00 annual allowance under subsection (g) of Code Section 48-5-137 of the O.C.G.A. for service of the tax commissioner as ex officio sheriff. SECTION 2. This Act shall become effective on January 1, 1998.

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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 1997 session of the General Assembly of Georgia a bill to amend an Act revising and consolidating provisions relating to the probate judge, sheriff, clerk of superior court, and tax commissioner of Bulloch County and their offices and personnel therein, approved March 30, 1989 (Ga. L. 1989, p. 4767); and for other purposes. This 19th day of February, 1997. James Martin GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Martin, who on oath deposes and says that he is the Representative from the 145th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Statesboro Herald, which is the official organ of Bulloch County, on the following date: February 19, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

Page 3861

as required by Code Section 28-1-14.1. s/ JAMES L. MARTIN Representative, 145th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. MCINTOSH COUNTY MOTOR VEHICLE REGISTRATION PERIODS. No. 142 (House Bill No. 879). AN ACT To provide that all vehicles shall be registered and licensed to operate for calendar year 1998 and thereafter in McIntosh 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 McIntosh 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, 1998. 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 1997 session of the General Assembly of Georgia a bill to provide for nonstaggered registration of vehicles in McIntosh County; and for other purposes.

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This 18th day of February, 1997. /s/ Representative E. C. Tillman Representative E. C. Tillman 173rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene C. Tillman, who on oath deposes and says that he is the Representative from the 173rd District, and further deposes and says as follows: (1) That the attached Notice of Intention Local Legislation was published in the Darien News, which is the official organ of McIntosh County, on the following date: February 26, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ Eugene C. TILLMAN Representative, 173rd District Sworn to and subscribed before me, this 28th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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CITY OF MONROE CITY ADMINISTRATOR. No. 143 (House Bill No. 882). AN ACT To amend an Act entitled An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 5020), so as to change provisions relating to the city administrator; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 5020), is amended by striking Section 2.10 in its entirety and inserting in lieu thereof the following: SECTION 2.10 City administrator. (a) The council may appoint a city administrator who shall serve at the pleasure of the council. The city administrator shall be vested with such power and authority as may be granted by the mayor and council which are necessary or proper for efficient and effective government administration, which may include generally, but shall not be limited to, those duties of purchasing agent for all departments, coordinator of commissions and departments, and the general management of city business under the direction and guidance of the mayor and council. (b) In the event that the council elects to exercise its discretion in not appointing a city administrator or decides to abolish such an office, then it shall have full authority to vest the city clerk with all duties which, in the judgment of the council, are necessary or proper for efficient and effective government administration. (c) In the event the council elects not to hire a city clerk then it shall have full authority to vest the city administrator with all duties which are necessary and proper for the position of city clerk. SECTION 2. This Act shall become effective on July 1, 1997.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia, a bill to amend an Act entitled, An Act to reincorporate the City of Monroe in the County of Walton, approved April 8, 1971 (Ga. L. 1971, p. 3221), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 5020; and for other purposes. This 17th day of February, 1997. Honorable Len Walker, Representative, 87th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, who on oath deposes and says that he is the Representative from the 87th District, and further deposes and says as follows: (1) That the attached 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 23, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

Page 3865

was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LEN WALKER Representative, 87th District Sworn to and subscribed before me, this 25th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF GRANTVILLE MAYOR AND COUNCIL; TERMS. No. 144 (House Bill No. 883). AN ACT To amend an Act providing for a new charter for the City of Grantville, approved March 28, 1985 (Ga. L. 1985, p. 5030), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4351), so as to provide for four-year terms of office for the mayor and councilmembers; 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 Grantville, approved March 28, 1985 (Ga. L. 1985, p. 5030), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4351), is amended by striking subsections (c) and (d) of Section 2.02 and inserting in lieu thereof the following: (c) The terms of the two councilmembers from Post 3 and Post 4, respectively, who were elected in 1995 shall end on December 31, 1997, and when their respective successors are elected and qualified. Their respective successors shall be elected on the Tuesday following the first Monday in November, 1997, and shall take office on the first day of January following their election. Thereafter, successors shall be elected quadrennially in odd-numbered years and shall take office on the first day of January following their election. (d) The terms of the mayor and the two councilmembers from Posts 1 and 2, respectively, who were elected in 1996 shall end on December 31, 1998, and when their respective successors are elected and qualified.

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Their respective successors shall be elected on the Tuesday following the first Monday in November, 1998, and shall take office on the first day of January following their election, and when their respective successors are elected and qualified. Thereafter, successors shall be elected quadrennially in even-numbered years and shall take office on the first day of January following their election. SECTION 2. This Act shall become effective on July 1, 1997. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LEGAL LEGISLATION Notice is hereby given pursuant to O.C.G.A. Section 28-1-14 of the intention to introduce legal legislation during the 1997 session of the General Assembly a bill to change the terms of the Mayor and Members of the Grantville City Council. This 29th day of January, 1997. Daniel W. Lee City Attorney, Grantville, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Brown, who on oath deposes and says that he is the Representative from the 130th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald, which is the official organ of Coweta County, on the following date: February 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 3867

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JEFF BROWN Representative, 130th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. LIBERTY COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE AND MAGISTRATES; ACTIONS RATIFIED. No. 145 (House Bill No. 892). AN ACT To repeal an Act changing the manner of selecting the chief magistrate and other magistrates of Liberty County and providing for terms of office and vacancies in office of such officers, approved March 12, 1984 (Ga. L. 1984, p. 3770); to ratify the judicial actions of each person who has served as chief magistrate or 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. (a) An Act changing the manner of selecting the chief magistrate and other magistrates of Liberty County and providing for terms of office and vacancies in office of such officers, approved March 12, 1984 (Ga. L. 1984, p. 3770), was apparently subject to the provisions of the federal Voting Rights Act of 1965 requiring clearance by the Attorney General of the

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United States. Such clearance has not been received; accordingly the provisions of such Act have not been implemented. (b) An Act changing the manner of selecting the chief magistrate and other magistrates of Liberty County and providing for terms of office and vacancies in office of such officers, approved March 12, 1984 (Ga. L. 1984, p. 3770), is repealed in its entirety. SECTION 2. The judicial actions of each person who has served as Chief Magistrate of the Magistrate Court of Liberty County, or Magistrate of the Magistrate Court of Liberty County, from the effective date of the classification of the Small Claims Court of Liberty County as a magistrate court by the Georgia Constitution of 1983, Article VI, Section X, Paragraph I to the effective date of this Act are ratified, notwithstanding ny irregularity in the selection, appointment, or election of each such official. 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 1997 session of the General Assembly of Georgia a bill to repeal an Act changing the manner of selecting the chief magistreate and other magistrates of Liberty County and providing for terms of office and vacancies in office of such officers, approach March 12, 1984 (Ga. L. 1984, p. 3770); to provide for related matters; to repeal conflicting laws; and for other purposes. This 10th day of February, 1997. Representative Buddy DeLoach 172nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buddy DeLoach, who on oath deposes and says that he is the Representative from the 172nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier, which is the official organ of Liberty County, on the following date: February 14, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BUDDY DELOACH Representative, 172nd District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CHATHAM COUNTY STATE COURT; TERMS. No. 146 (House Bill No. 899). AN ACT To amend an Act creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, so as to change the terms of 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 creating the State Court of Chatham County, approved December 18, 1819 (Ga. L. 1819, p. 16), as amended, is amended by striking Section 19 of said Act and inserting in its place the following: SECTION 19. Effective on and after the first Tuesday in September, 1997, there shall be four terms of the state court each year. The terms of such court shall begin on the first Monday in March, the first Monday in June, the first Tuesday after the first Monday in September, and the first Monday in December. SECTION 2. This Act shall become effective on September 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 hereby given that there will be introduced during the 1997 Session of the Georgia General Assembly a bill changing the terms of the State Court of Chatham County and affecting the Office of the Clerk of State Court. This 18th day of February, 1997. Carlton W. Blair, Jr. Clerk of Court State Court of Chatham County 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 the Representative from the 152nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 19, 1997. (2) That the laws requiring notice of local legislatin were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

Page 3871

or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANNE MUELLER Representative, 152nd District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB COUNTY STATE COURT; CHIEF JUDGE, JUDGES, AND ASSOCIATE JUDGES; COMPENSATION. No. 147 (House Bill No. 900). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, so as to change the compensation of the chief judge, judges, and associate judges of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by striking from Section 3 the following:

Page 3872

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 chief judge of Division I of the State Court of Cobb County shall receive as additional compensation $2,900.00 per annum. 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 $89,574.00 per annum., and inserting in its place the following: The salary of the judges of Division I of the State Court of Cobb County shall be $93,200.00 per annum. SECTION 3. Said Act is further amended by striking subsection (a) of Section 2-3 of Part 2 and inserting in its place the following: (a) The salary of each associate judge shall be $71,000.00 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 4. This Act shall become effective on January 1, 1998. 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 1997 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. 3811), as amended; to provide for related matters; and for other purposes. This 27 day of December, 1996. Cobb County Legislative GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to adminster oaths, Frank Bradford, who on oath deposes and says that he is the Representative from the 30th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ FRANK BRADFORD Representative, 30th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

Page 3874

COBB COUNTY TAX COMMISSIONER; CHIEF CLERK AND EXECUTIVE SECRETARY; COMPENSATION. No. 148 (House Bill No. 901). 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), an Act approved April 1, 1994 (Ga. L. 1994, p. 4503), and an Act approved March 29, 1995 (Ga. L. 1995, p. 3987), so as to change the compensation of the chief clerk and the executive secretary of the tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act consolidating the offices of tax collector and tax receiver into the office of tax commissioner of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4329), an Act approved April 1, 1994 (Ga. L. 1994, p. 4503), and an Act approved March 29, 1995 (Ga. L. 1995, p. 3987), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows: SECTION 3. (a) The tax commissioner shall receive an annual salary of $60,895.50, to be paid in equal monthly installments from county funds. The tax commissioner shall be allowed one chief clerk whose annual salary shall be paid in equal monthly installments from the funds of the county treasury. Effective January 1, 1998, the annual salary for the chief clerk shall be $56,521.92. Effective October 1, 1998, the annual salry for the chief clerk shall be $58,782.80. Any candidate for the office of tax commissioner of Cobb County shall, on the date of qualifying for such office in either a primary or a general election, certify to the judge of the Probate Court of Cobb County the name of the person the candidate shall appoint as chief clerk in the event he or she is elected to the office of tax commissioner of Cobb County; and the person so named shall serve as the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax

Page 3875

commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be paid in equal monthly installments from the funds of Cobb County. Effective January 1, 1998, the annual salary of the executive secretary shall be $35,016.80. Effective October 1, 1998, the annual salary of the executive secretary shall be $36,417.47. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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 Commission of Cobb County, approved February 17, 1949 (Ga. L. 1949, p. 790), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don L. Parsons, who on oath deposes and says that he is the Representative from the 40th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 3876

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DON L. PARSONS Representative, 40th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. DOUGHERTY COUNTY STADIUM AUTHORITYPERPETUAL EXISTENCE; FEDERAL FUNDS; REVENUE CERTIFICATES. No. 149 (House Bill No. 912). AN ACT To amend an Act creating the Albany High School Stadium Authority, approved April 9, 1963 (Ga. L. 1963, p. 3286), as amended, particularly by an Act changing the name of the authority to the Dougherty County Stadium Authority, approved April 11, 1979 (Ga. L. 1979, p. 4545), so as to make the existence of the authority perpetual; to remove a conflicting provision prohibiting the authority from accepting federal money; to remove the dollar limit on the principal amount of revenue certificates which may be issued by the authority; 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 Albany High School Stadium Authority, approved April 9, 1963 (Ga. L. 1963, p. 3286), as amended, particularly by an Act changing

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the name of the authority to the Dougherty County Stadium Authority, approved April 11, 1979 (Ga. L. 1979, p. 4545), is amended by striking the last sentence of Section 2, which reads as follows: The existence of said Authority shall automatically be terminated on July 1, 2010.. and inserting in lieu thereof a new sentence to read as follows: It shall have perpetual existence. SECTION 2. Said Act is further amended by striking Section 4A which reads as follows: SECTION 4A. The Authority shall specifically not have the power to accept loans or grants of money or property of any kind from the United States of America or any agency or instrumentality thereof. SECTION 3. Said Act is further amended by striking the last sentence of Section 5 which reads as follows: The principal amount of revenue certificates issued by the Authority and outstanding at any given time shall not exceed $250,000.00. SECTION 4. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Albany High School Stadium Authority, approved April 3, 1983 (Ga. L. 1983, p. 22901) as amended, particularly by an Act changing the name of the authority to the Dougherty County Stadium Authority, approved April 11, 1978 (Ga. L. 1978, p. 15-451) so as to make the existance of the authority perpetual; to remove a conflicting provision prohibiting the authority from accepting federal money; to remove the dollar amount on the principal amount of revenue certificate which may be issued by the authority; and for other purposes. This 19th day of February, 1997. Lawrence R. Roberts Representative Lawrence R. Roberts 162nd District
Page 3878

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawrence R. Roberts, who on oath deposes and says that he is the Representative from the 162nd District, and further deposes and says as follows: (1) That the attached 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 25, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or other wise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LAWRENCE R. ROBERTS Representative, 162nd District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

Page 3879

COBB JUDICIAL CIRCUIT DISTRICT ATTORNEY, ASSISTANT DISTRICT ATTORNEYS, AND CHIEF ASSISTANT DISTRICT ATTORNEY; COMPENSATION. No. 150 (House Bill No. 915). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4821), and an Act approved March 27, 1995 (Ga. L. 1995, p. 3619), so as to change the provisions relative to the compensation of the district attorney, the assistant district attorneys, and the chief assistant district attorney; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4821), and an Act approved March 27, 1995 (Ga. L. 1995, p. 3619), is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: SECTION 4. (a) The office of the judges and the district attorney of the Superior Court of the Cobb Judicial Circuit are created. (b) In addition to the salary payable from state funds, the district attorney of the Cobb Judicial Circuit shall receive a county supplement of $23,280.00 annually beginning on January 1, 1998, and shall be increased to $25,780.00 annually on October 1, 1998. The county supplement shall be payable in equal monthly installments out of the funds of Cobb County. The district attorney of the Cobb Judicial Circuit may not engage in the private practive of law in any contested matter in any court in this state; provided, however, that the present district attorney of the Cobb Judicial Circuit and all future district attorneys may prosecute to final completion all cases in which the district attorney's name appears as counsel of record and which were filed prior to assuming the office of district attorney of the Cobb Circuit. SECTION 2. Said Act is further amended in Section 4B by striking the sentence: All assistant district attorneys shall be compensated in the sum of not less than $20,770.88 nor more than $68,206.32 per annum, except that the chief assistant district attorney shall receive no more than $70,371.60 per annum,

Page 3880

and inserting in lieu thereof the following: Except as otherwise provided by law, all assistant district attorneys other than the chief assistant district attorney shall be compensated in a sum not to exceed $70,934.57 annually beginning on January 1, 1998. Beginning on October 1, 1998, such maximum annual compensation for assistant district attorneys shall be $73,771.95 except as otherwise provided by law. Beginning on January 1, 1998, the maximum annual compensation for the chief assistant district attorney shall be $77,408.76. Beginning on October 1, 1998, such maximum annual compensation for the chief assistant district attorney shall be $80,505.11. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Judicial Circuit approved February 19, 1961 (Ga. L. 1961, p. 184), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative 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 the Representative from the 34th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 3881

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JOHN J. WILES Representative, 34th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB JUDICIAL CIRCUIT SENIOR ASSISTANT DISTRICT ATTORNEYS; APPOINTMENT; COMPENSATION. No. 151 (House Bill No. 916). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3619), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4138), so as to provide for appointment of senior assistant district attorneys and their compensation; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3619), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4138), is amended by designating the existing provisions of

Page 3882

Section 4B as subsection (a) and inserting at the end of Section 4B the following: (b) Notwithstanding the provisions of subsection (a) of this section relating to maximum compensation for assistant district attorneys, the district attorney is authorized to designate a specified number of assistant district attorneys to serve as supervisors with the title of senior district attorney at a higher maximum compensation. Beginning January 1, 1998, the designation of four senior assistant district attorneys at a maximum annual compensation of $75,026.95 is authorized. Beginning October 1, 1998, the designation of six senior assistant district attorneys at a maximum annual compensation of $78,028.02 is authorized. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Judicial Circuit approved February 10, 1961 (Ga. L. 1961, p. 184), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative 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 the Representative from the 34th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 3883

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JOHN WILES Representative, 34th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. EFFINGHAM COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 152 (House Bill No. 925). AN ACT To provide for a general homestead exemption from certain ad valorem taxes levied by Effingham County for county purposes in the amount of $4,000.00; to provide for definitions; to provide a homestead exemption from such taxes in the amount of $2,000.00 for certain persons aged 65 years and older; 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. As used in this Act, the term: (1) Effingham County ad valorem taxes means all ad valorem taxes for county purposes levied by Effingham County, except for Effingham

Page 3884

County School District ad valorem taxes and except for ad valorem taxes to pay interest on and retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. SECTION 2. Each resident of Effingham County is granted an exemption on that person's homestead from Effingham County ad valorem taxes in the amount of $4,000.00 for the tax year 1998 and for all tax years thereafter. The exemption granted by this section shall be in lieu of and not in addition to any other homestead exemption granted such resident from Effingham County ad valorem taxes. The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 3. Each person 65 years of age or older who is qualified to receive a homestead exemption from Effingham County ad valorem taxes pursuant to the provisions of Code Section 48-5-47 of the O.C.G.A., as such Code section now appears or as it is subsequently amended, is granted an exemption from Effingham County taxes in the amount of $2,000.00. The exemption granted by this section shall be in addition to the exemption granted by Code Section 48-5-47 of the O.C.G.A. but shall be in lieu of and not in addition to any other homestead exemption granted such resident from Effingham County ad valorem taxes. The value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 4. (a) Each 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. (b) After any such resident has been allowed an exemption provided in this Act, it shall not be necessary that such person make application for any year thereafter and such exemption shall continue to be allowed to such person. It shall be the duty of any resident of Effingham County or the Effingham County School District who has claimed a homestead exemption provided for in this ACt to notify the tax commissioner of Effingham County in the event that resident becomes ineligible for any reason to receive such homestead exemption. SECTION 5. No exemption granted by this Act shall apply to or affect any state taxes, municipal taxes, Effingham County School District taxes, or taxes to pay interest on or retire bonded indebtedness.

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SECTION 6. The tax commissioner of Effingham County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligibility of an applicant for that exemption. SECTION 7. The exemptions granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 8. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Effingham County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Effingham County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 1997, 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 Effingham County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides for a general homestead exemption from certain ad valorem taxes levied by Effingham County for county purposes in the amount of $4,000.00 and provides for a homestead exemption from such taxes for certain persons aged 65 and older in the amount of $2,000.00 as an addition to a certain other exemption? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 7 of this Act shall become of full force and effect immediately. If 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 Effingham 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.

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SECTION 10. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the 1997 session of the General Assembly of Georgia a bill affecting certain Homestead Exemptions 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 the Representative from the 147th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Effingham Herald which is the official organ of Effingham County, on the following date: February 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANN R. PURCELL Representative, 147th District Sworn to and subscribed before me, this 6th day of March, 1997.
Page 3887

s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF MIDWAY CORPORATE LIMITS. No. 153 (House Bill No. 935). AN ACT To amend an Act entitled an Act to repeal an Act incorporating the Town of Midway, approved February 8, 1955 (Ga. L. 1955, p. 2188), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3837), so as to change the corporate boundaries of the City of Midway; 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 entitled an Act to repeal an Act incorporating the Town of Midway, approved February 8, 1955 (Ga. L. 1955, p. 2188), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3837), is amended by inserting at the end of Section 3A of said Act the following: SECTION 3B. In addition to the territory described in Sections 3 and 3A of this Act, the corporate limits of the City of Midway shall also include the following territory: BEGINNING at a point where the present Southeasterly limits of the City of Midway intersects with the Centerline of the Seaboard-Coastline Railroad right-of-way; (which point is also 730 feet South of the Southerly right-of-way of State Route 38) proceed thence in a Southeasterly direction, keeping 730 feet from the Georgia 38 right-of-way past the Interstate 95 interchange to the Easterly right-of-way of the New Dorchester Village Road; proceed thence at a right angle in a Northerly direction to a point 730 feet North of the Northerly right-of-way of Georgia 38, proceed thence in a Westerly and North-westerly direction (keeping 730 feet North of said right-of-way) to the present limits of the City of Midway and proceed thence along said City Limit to the point of beginning. It is the intent of this section to annex an additional 430 feet on both sides of the Georgia 38 right-of-way as such right-of-way proceeds through the City of Midway.

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SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act entitled an Act to repeal an Act incorporating the Town of Midway, approved February 8, 1995 (Ga. L. 1955, p. 2188), as amended, so as to extend the corporate limits of the City of Midway; to provide for related matters; and for other purposes. This 18th day of February, 1997 Representative E. C. Tillman 173rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. C. Tillman, who on oath deposes and says that he is the Representative from the 173rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Coastal Courier, which is the official organ of Liberty County, on the following date: February 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

Page 3889

municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ EUGENE C. TILLMAN Representative, 173rd District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB COUNTY STATE COURT; CLERK; CHIEF DEPUTY CLERK; COMPENSATION. No. 154 (House Bill No. 948). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4164), so as to change the compensation of the clerk and the chief deputy clerk of the State Court of Cobb County; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved April 4, 1996 (Ga. L. 1996, p. 4164), is amended by striking paragraph (4) of subsection (b) of Section 17 and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The salary of the chief deputy clerk shall be $51,840.00 per annum beginning January 1, 1998, and $53,914.00 per annum beginning January 1, 1999, to be paid in equal monthly installments from funds of Cobb County.

Page 3890

SECTION 2. Said Act is further amended by striking from Section 23 the following: The clerk of the State Court of Cobb County shall receive an annual salary of $61,994.07, 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 $64,474.00 beginning January 1, 1998, and $67,053.00 begining January 1, 1999, payable in equal monthly installments from the funds of Cobb County. SECTION 3. This Act shall become effective January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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 27 day of December, 1996. Cobb County Legislative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sharon Cooper, who on oath deposes and says that she is the Representative from the 31st District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

Page 3891

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ SHARON COOPER Representative, 31st District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BARTOW COUNTY BOARD OF EDUCATION; DISTRICTS; ELECTIONS; QUALIFICATIONS; TERMS; VACANCIES. No. 155 (House Bill No. 956). AN ACT To amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, so as 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; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for definitions and inclusions; to repeal a certain local Act; to provide for submission of this Act to the U.S. Attorney General; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, is amended by striking

Page 3892

Sections 1.1 through 7 of said Act and inserting in lieu thereof new Sections 2 through 7 to read as follows: SECTION 2. Those members of the board of education serving in office on the effective date of this section shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. SECTION 3. (a) The Board of Education of Bartow County shall be composed of five members. All members elected at or subsequent to the election in 1998 shall be elected from the education districts described in subsection (b) of this section. (b) For the purpose of electing the members of the Board of Education, the Bartow County School District shall be divided into five education districts. One member of the board shall be elected from each such district. Those districts shall consist of the described territory of the Bartow County School District attached to this Act and made a part hereof and further identified as `Operator: local Client: bartow Plan: sb1.' (c) For purposes 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) Any part of the Bartow County School District which is not included in any education district described in this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (3) Any part of the Bartow County School District which is described in this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (d) The first members of the board of education elected under this Act from Education Districts 1, 2, and 3 shall be elected on the Tuesday next

Page 3893

following the first Monday in November, 1998. Those members of the board elected thereto from Education Districts 1, 2, and 3 in 1998 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2002, and upon the election and qualification of their respective successors. The first members of the board of education elected under this Act from Education Districts 4 and 5 shall be elected on the Tuesday next following the first Monday in November, 2000. Those members of the board elected thereto from Education Districts 4 and 5 in 2000 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2004, 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. (f) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' SECTION 4. (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 an education district, a person must have resided in that district prior to election thereto. Each member shall be elected by the electors voting within the respective 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 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 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. SECTION 5. In case of a vacancy on the board by death, resignation, or any cause other than the expiration of term of office, the remaining members of the board shall elect a successor who shall serve the unexpired term, but, in so electing, no person shall be elected who is a resident of any

Page 3894

education district of which one of the remaining members of the board is a resident. SECTION 6. Reserved. SECTION 7. Reserved. SECTION 2. An Act amending an Act providing for the Board of Education of Bartow County, so as to provide for a statement of purpose and an advisory referendum, approved April 1, 1996 (Ga. L. 1996, p. 3851), is repealed in its entirety. 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: sb1 District No. 1 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, 223, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 299B, 301, 302, 303A, 303B, 304, 305A, 305B, 305C, 306, 307, 308, 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,

Page 3895

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, 399A, 399C, 399D 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, 227, 235B, 235C, 236B, 236C, 236D, 237, 238, 239B, 239C, 241C, 242C, 243B, 243C, 244C, 245B, 245C, 246B, 247B, 247C, 248B, 249, 250B, 251B, 252B, 253C, 254B, 255B, 256B, 257C, 258B, 259, 260, 261B, 299 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, 207C, 207D, 208, 216, 217, 421C, 422 Tract: 9606. Block: 501B, 501C, 523B, 524B, 601, 602B Tract: 9607. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120B, 120C, 120D, 121, 122, 123, 124, 125, 126, 127, 128B, 129, 130, 131, 132, 133, 134, 135, 136B, 140C, 140D, 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, 199A, 199B, 199C, 199D, 199E, 199F, 203C, 204B, 206D, 206E, 206F, 207B, 213B, 214C, 214D, 301B, 301C, 301D, 302B, 303B, 304D, 304E, 305B, 305C, 306B, 307B, 321B, 321C District No. 2 BARTOW Tract: 9606. Block: 602C, 614D, 618B, 621, 699B, 699E, 699F Tract: 9608. Block Group: 1 Block Group: 2 Block Group: 3 Block Group: 4 Block: 501B, 502, 503, 504A, 504B, 504C, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515A, 515B, 516, 517A,

Page 3896

517B, 517C, 517D, 518A, 518B, 519A, 519B, 520A, 520B, 521, 522B, 522C, 523B, 536B, 537, 538, 539, 540A, 540B, 541A, 541B, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 599B, 599C, 599D District No. 3 BARTOW Tract: 9601. Block: 224, 225, 226, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257 Tract: 9602. Block: 146, 147, 148, 199D, 542 Tract: 9603.98 Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 148, 161, 162, 163, 164, 165, 166, 167, 168, 199A, 201, 202, 203, 204, 205, 211, 212, 221, 222 Tract: 9604. Block: 208, 209, 210, 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, 513D, 513E, 514B, 514C, 515B, 515C, 515D, 515E, 515F Tract: 9605. Block: 301, 302, 303, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317B, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 401 District No. 4 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, 299A Tract: 9605. Block: 304, 333, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417B, 418B, 420B, 421B 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, 699D Tract: 9608. Block: 525B, 525C, 526, 527, 528, 529, 530B, 531B, 531C, 532, 533, 534, 535 Tract: 9609. Block: 101, 102, 103, 104, 105B, 105C, 105D, 105E, 106, 107, 108D, 108E, 109, 110, 111, 112, 113B, 114C, 114D,

Page 3897

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, 299B, 299C, 299D, 299E, 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, 399C, 399D, 399E Tract: 9610. Block: 111, 112A, 112B, 113A, 113B, 114, 126, 127A, 127B, 129, 130, 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, 199A, 199B, 199C, 199D, 199E, 199F, 199H, 199J, 199K, 199L, 208, 209, 211, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 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, 299 District No. 5 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, 299A 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, 199A, 199B, 199C, 199E 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,

Page 3898

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, 599, 599 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, 199B, 199C, 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, 299B, 299C 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, 199G, 199M, 201, 202, 203, 204, 205, 206, 207, 210, 212, 213, 299, 299 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the of the General Assembly of Georgia a bill to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, so as 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; to provide for qualifications for office; to provide for successors; to provide for terms; to provide for vacancies; to provide for definitions and inclusions; to repeal a certain local Act; to provide for submission of this Act to the U. S. Attorney General; to repeal conflicting laws; and for other purposes. This 28 day of February, 1997. (s)Jeff Lewis Representative 14th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter J. Lewis, who on oath deposes and says that he is the Representative from the 14th District, and further deposes and says as follows:

Page 3899

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Daily Tribune News, which is the official organ of Bartow County, on the following date: March 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WALTER J. LEWIS Representative, 14th District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. WILKINSON COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 156 (House Bill No. 960). AN ACT To amend an Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended, so as to change the provisions relating to the compensation of the chairperson and other members of the board of commissioners; to provide for future salaries of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3900

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended, is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: SECTION 7. (a) Except as otherwise provided in subsection (c) of this section, the chairperson of the board of commissioners shall receive an annual salary of $7,800.00 payable in equal monthly installments from the funds of Wilkinson County. (b) Except as otherwise provided in subsection (c) of this section, each member of the board other than the chairperson shall receive an annual salary of $6,000.00 payable in equal monthly installments from the funds of Wilkinson County. (c) The board of commissioners is authorized to increase the salaries of the chairperson and other members of the board as provided in subsections (a) and (b) of this section, provided that any such action to increase such salaries shall be subject to the following conditions and requirements: (1) Such action shall not 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 at least once a week for two consecutive weeks immediately preceding the week during which the action is taken; (2) Such action shall be taken by the adoption of a resolution or ordinance at the board's first regular meeting subsequent to the first day of January of any year in which terms of office of members of the board shall expire pursuant to the provisions of this Act; and (3) Any such increase shall not be effective until after the taking of office of those elected at the next regular general election which is held immediately following the date on which the action to increase the compensation was taken. (d) In addition to compensation provided for in subsections (a), (b), and (c) of this section, the chairperson and other members of the board shall be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties outside the county, including

Page 3901

attendance at seminars or other training meetings for county officials, but attendance at any such seminar or meeting must be approved by a majority of the board prior to such attendance. When using their personal automobiles in traveling on official business outside the county, the chairperson and all other members shall be reimbursed for travel expenses at the rate of 24 per mile. All expenses provided for in this section shall be paid from the funds of Wilkinson County. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Wilkinson County, approved February 28, 1933 (Ga. L. 1933, p. 777), as amended; and for other purposes. This 26th day of February, 1997. Kenneth W. Birdsong Representative, 123rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Birdsong, who on oath deposes and says that he is the Representative from the 123rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of Wilkinson County, on the following date: March 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

Page 3902

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ KENNETH BIRDSONG Representative, 123rd District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. WILKINSON COUNTYBOARD OF EDUCATION; COMPENSATION. No. 157 (House Bill No. 961). AN ACT To amend an Act creating a Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, so as to change the provisions relating to the compensation of the chairperson and other members of such board of education; 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 Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. The chairperson of the board of education shall be compensated in the amount of $6,600.00 per annum, and each of the other members of the board shall be compensated in the amount of $4,800.00 per annum. The

Page 3903

chairperson and other members shall be paid in equal monthly installments from the funds of the board of education. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended; and for other purposes. This 26th day of February, 1997. Kenneth W. Birdsong Representative, 123rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth Birdsong, who on oath deposes and says that he is the Representative from the 123rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News, which is the official organ of Wilkinson County, on the following date: March 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

Page 3904

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ KENNETH BIRDSONG Representative, 123rd District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. WAYNE COUNTYSTATE COURT; TERMS. No. 158 (House Bill No. 965). AN ACT To amend an Act creating the City Court of Jesup, approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2875), and an Act approved March 24, 1970 (Ga. L. 1970, p. 679), so as to change the terms of such court; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the City Court of Jesup, approved July 31, 1916 (Ga. L. 1916, p. 248), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2875), and an Act approved March 24, 1970 (Ga. L. 1970, p. 679), is amended by striking from Section 11 the following: Be it further enacted by the authority aforesaid, that the terms of said city court shall be quarterly. The time of holding said court shall be on the fourth Mondays in February, May, July, and October., and inserting in lieu thereof the following: The terms of the State Court of Wayne County shall be semiannual. The time of holding said court shall be on the fourth Mondays in January and July. SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

Page 3905

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an Act creating the City Court of Jessup, approved July 31, 1916 (Ga. L. 1961, p. 248), as amended, particularly by an Act approved March 2, 1966 (Ga. L. 1966, p. 2875) and an Act approved March 24, 1970 (Ga. L. 1970, p. 679); and for other purposes. This 26th day of February, 1997. s-Hinson Mosley Honorable Hinson Mosley Representative, District 171 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who on oath deposes and says that he is the Representative from the 171st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel, which is the official organ of Wayne County, on the following date: March 2, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area

Page 3906

proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HINSON MOSLEY Representative, 171st District Sworn to and subscribed before me, this 10th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COLUMBUS, GEORGIA SUPERIOR COURT OF MUSCOGEE COUNTY; JUDGES; SALARY SUPPLEMENTS. No. 159 (House Bill No. 968). AN ACT To amend an Act providing that the governing authority of the county-wide government of Columbus, Georgia, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, approved April 5, 1993 (Ga. L. 1993, p. 4898), so as to authorize such supplements for judges of the superior court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing that the governing authority of the county-wide government of Columbus, Georgia, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the countywide government, approved April 5, 1993 (Ga. L. 1993, p. 4898), is amended by adding a new paragraph immediately following paragraph (1) of Section 1, to be designated paragraph (1.1), to read as follows: (1.1) Judges of the superior court;. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

Page 3907

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing that the governing authority of the county-wide government of Columbus; Georgia, shall be authorized to provide for salary supplements for certain officers, officials, and employees of the county-wide government, approved April 5, 1993 (Ga. L. 1993, p. 4898); and for other purposes. This 3rd day of March, 1997. Thomas B. Buck, III Representative Thomas B. Buck, III 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who on oath deposes and says that he is the Representative from the 135th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: March 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

Page 3908

as required by Code Section 28-1-14.1. s/ THOMAS B. BUCK, III Representative, 135th District Sworn to and subscribed before me, this 7th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HENRY COUNTYBOARD OF COMMISSIONERS; QUALIFICATIONS. No. 160 (House Bill No. 969). AN ACT To amend an Act providing for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), so as to change the provisions relating to qualifications of the members and chairperson of such 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 a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232), is amended by striking the unnumbered paragraph at the end of Section 2 which reads as follows: In addition to the five members of the board of commissioners, there shall be a chairman of the board of commissioners who shall be elected by a majority of the voters of Henry County voting on a county-wide basis. In order to be eligible to qualify as a candidate for the office of chairman of the board of commissioners, a person must have been a resident of Henry County for at least six months prior to the date of qualifying as a candidate, must be at least 25 years of age as of the date of qualifying as a candidate, and must possess a high school diploma or its equivalent., and inserting in its place two new paragraphs to read as follows:

Page 3909

In addition to the five members of the board of commissioners, there shall be a chairperson of the board of commissioners who shall be elected by a majority of the voters of Henry County voting on a county-wide basis. In order to be eligible to qualify as a candidate for the office of chairperson of the board of commissioners, a person must have been a resident of Henry County for at least 12 months prior to that person's election, must be at least 25 years of age as of the date of qualifying as a candidate, and must possess a high school diploma or its equivalent. Each of the remaining five members of said board, other than the chairperson, must have been a resident of Henry County for at least 12 months prior to that person's election and must have been a resident of the commissioner district from which such person is elected for at least 12 months prior to such election. 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. RESOLUTION NO. 97.07 WHEREAS, the governing body of Henry County currently is composed of five commissioners elected from single-member districts and a chairman who is elected on a county-wide basis; and WHEREAS, Georgia Laws 1990, p. 5232, which created the position of county-wide chairman, provides, in Section 1, Part II, Section 2 that in order to be eligible to qualify as a candidate for the office of chairman of the board of commissioners, a person must have been a resident of the county for at least six months prior to the date of qualifying as a candidate; and WHEREAS, this provision is inconsistent with OCGA Section 45-2-1; and WHEREAS, the current members of the board of commissioners are of the opinion the residency requirement for all candidates for commissioner should be the same; NOW, THEREFORE, be it resolved by the Board of Commissioners of Henry County that the members of the legislative delegation representing Henry County are hereby requested to introduce and obtain an amendment to the local acts of the General Assembly which govern the operations of the Henry County Board of Commissioners which will require that all candidates for the Board of Commissioners of Henry County including the chairman must have been a resident of Henry County for at least twelve

Page 3910

months immediately preceding their election or appointment, and that all candidates for district seats must have been a resident of the district in which they offer for election during said time. IT IS SO RESOLVED this day of March, 1997. BOARD OF COMMISSIONERS OF HENRY COUNTY s/Jim L. Joyner, Chairman s/Warren Holder, Member s/Gary Freedman, Member s/Brian Williams, Member Lyndia Hurd, Member -absent- s/Nita M. Spraggins, Member ATTEST: s/Sara B. Austin, Clerk NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing for a new Board of Commissioners of Henry County, approved March 28, 1974 (Ga. L. 1974, p. 3680), as amended, particularly by an Act approved April 4, 1990 (Ga. L. 1990, p. 5232); and for other purposes. This 4th day of March, 1997. 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 the Representative from the 109th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: March 7, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county,

Page 3911

municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LARRY SMITH Representative, 109th District Sworn to and subscribed before me, this 10th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HENRY COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM No. 161 (House Bill No. 973). AN ACT To increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Henry County ad valorem taxes means all ad valorem taxes for county purposes levied by Henry County, except for Henry County

Page 3912

School District ad valorem taxes and except for ad valorem taxes to pay interest on and retire bonded indebtedness. SECTION 2. (a) Each resident of Henry County is granted an exemption on that person's homestead from Henry County ad valorem taxes levied for county purposes in the amount as specified for the following tax years: Amount of exemption of assessed value of homestead Tax year beginning date for exemption $ 6,000.00 January 1, 1999 8,000.00 January 1, 2000 10,000.00 January 1, 2001 11,000.00 January 1, 2002 12,000.00 January 1, 2003 13,000.00 January 1, 2004 14,000.00 January 1, 2005 15,000.00 January 1, 2006, and for all tax years thereafter (b) the value of a homestead in excess of the amount exempted by this section shall remain subject to taxation. SECTION 3. The exemption granted by this Act shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. Any person who, as of the date the exemption provided by this Act first becomes applicable, has applied for and has been granted the $4,000.00 exemption from ad valorem taxes for county purposes levied by Henry County and provided pursuant to an amendment to the Constitution changing the homestead exemption for residents of Henry County, ratified at the 1982 November general election (Ga. L. 1982, p. 2515) and continued pursuant to Code Section 48-5-55 of the O.C.G.A., shall be eligible for the exemption granted by this Act without further application. SECTION 4. After any such resident has been allowed the exemption provided in this Act, it shall not be necessary that such person make application for any year thereafter and such exemption shall continue to be allowed to such person. It shall be the duty of any resident of Henry County who has claimed the homestead exemption provided for in this Act to notify the tax commissioner of Henry County in the event that resident becomes ineligible for any reason to receive such homestead exemption.

Page 3913

SECTION 5. The exemption granted to a resident by this Act shall be in lieu of and not in addition to any other homestead exemption granted such resident from Henry County ad valorem taxes for county purposes. SECTION 6. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, county taxes for county school district purposes, or taxes to pay interest on or retire bonded indebtedness. SECTION 7. The tax commissioner of Henry County shall provide application forms for the exemption granted by this Act and shall require with the initial application an affidavit as to information necessary to determine the eligibility of an applicant for that exemption. SECTION 8. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year immediately following the year in which Sections 1 through 8 of this Act become effective. SECTION 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election at the time of any Henry County special election otherwise conducted prior to the date of the state-wide general primary in 1998, unless no such special election is conducted prior to that date, in which event the special election under this Act shall be conducted at the time of the state-wide general primary in 1998. Such election superintendent shall issue the call therefor as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES Shall the Act be approved which increases from $4,000.00 to $15,000.00 over an eight-year period the () NO homestead exemption from certain ad valorem taxes levied by Henry County for county purposes? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 8 of this Act shall become of full force and

Page 3914

effect immediately and shall be applicable to all taxable years as provided in Section 8 of this Act. If the Act is not so approved or if the election is not conducted as proveded in this section, Sections 1 through 8 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following the date of such election. The expense of such election shall be borne by Henry County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 10. Except as otherwise provided in Section 9 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 11. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to increase from $4,000.00 to $15,000.00 over an eight-year period the homestead exemption from certain ad valorem taxes levied by Henry County for county purposes; and for other purposes. This 11th day of February, 1997. 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 the Representative from the 109th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: February 14, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

Page 3915

_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LARRY SMITH Representative, 109th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HENRY COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 162 (House Bill No. 975). AN ACT To provide a homestead exemption from certain Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for certain residents of that county who are 65 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term:

Page 3916

(1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by Henry County, including, but not limited to, taxes to pay interest on and retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. SECTION 2. (a) Each resident of Henry County who is 65 years of age or over is granted an exemption on that person's homestead from all Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of that homestead. The value of the homestead in excess of the 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 Henry County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. SECTION 3. The tax commissioner of Henry County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Henry County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county school district purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Henry County ad valorem taxes for county purposes.

Page 3917

SECTION 6. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1 of the year immediately following the year in which Sections 1 through 6 of this Act become effective. SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Henry County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Henry County for approval or rejection. The election superintendent shall conduct that election at the time of any Henry County special election otherwise conducted prior to the date of the state-wide general primary in 1998, unless no such special election is conducted prior to that date, in which event the special election under this Act shall be conducted at the time of the state-wide general primary in 1998. Such election superintendent shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Henry County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from Henry County ad valorem taxes for county purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of the county who are 65 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years as provided in Section 6 of this Act. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Henry County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 9. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for an increased homestead exemption from certain Henry County ad valorem taxes for certain residents of that county who are 65 years of age or over; and for other purposes. This 11th day of February, 1997. 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 the Representative from the 109th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: February 14, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

Page 3919

as required by Code Section 28-1-14.1. s/ LARRY SMITH Representative, 109th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. WILKES COUNTYCORONER; BENEFITS. No. 163 (House Bill No. 980). AN ACT To amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, so as to allow discretionary employment benefits to be paid to the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978 (Ga. L. 1978, p. 3121), as amended, is amended by striking in its entirety Section 1 and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. The coroner of Wilkes County shall receive an annual salary of $2,400.00 in lieu of all fees, costs, and emoluments of whatever kind and nature formerly allowed such officer. Such salary shall be paid in equal monthly installments out of the funds of Wilkes County. The county shall also be permitted to provide employment benefits to the coroner including, but not limited to, health insurance if the Board of Commissioners of Wilkes County so decides. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act providing an annual salary for the Wilkes County coroner, approved March 13, 1978, (GA. L. 1978, p. 3121), as amended, so as to allow discretionary employment benefits to be paid for the coroner, to provide for related matters; and for other purposes. This 6th day of March, 1997. Representative Tom McCall 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 the Representative from the 90th District, and further deposes and says as follows: (1) That the attached 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: March 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ TOM MCCALL Representative, 90th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. BYRON CONVENTION AND VISITORS BUREAU AUTHORITYCREATION. No. 164 (House Bill No. 986). AN ACT To create the Byron Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state, and a public corporation to have the responsibility of promotion of tourism, trade, and conventions for Byron, Georgia; to provide for creation and organization; to provide for the membership of the authority and their terms of office and compensation; to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rules and regulations; to provide for other matters relative to the foregoing and relative to the general purpose of this Act; to repeal 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 Byron Convention and Visitors Bureau Authority Act. SECTION 2. (a) The Byron Convention and Visitors Bureau Authority shall consist of 14 members, nine of which shall be regular members and three of which shall be ex officio members. Each member of the authority shall be at least 18 years of age and shall be a resident of the City of Byron or an owner or employee of a business 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 or of a business which has a substantial exposure to visitors to the city. The mayor and each member of the board of

Page 3922

aldermen shall appoint one regular member of the authority and there shall always be one regular authority member representing the mayor and each of the five posts on the board of aldermen. The members of the authority who represent a member of the board of aldermen or the mayor shall serve for the term served by the mayor or member of the board of aldermen who appointed them, with a new appointment to be made when there is a new mayor or a new member of the board of aldermen elected or at the beginning of a new term of the mayor or member of the board of aldermen. In addition, the mayor and board of aldermen shall make a joint appointment of three regular members to each serve for a one year term and each of whom 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, 1998. Thereafter, said joint appointments shall each serve for a two-year term. Appointments of the members representing the board of aldermen or the mayor shall be made within 30 days of the date the member of the board of aldermen or mayor takes office and the joint appointments of the mayor and members of the board of aldermen shall be made within 30 days of the first meeting of the mayor and board of aldermen in January of each year. In addition to the nine regular members, there shall be five ex officio members of the authority. These members shall be the chairperson of the Byron Development Authority, the chairperson of the Byron Redevelopment Authority, the chairperson of the Byron Downtown Development Authority, the President of the Byron Business Council, and the President of the Byron Area Historical Society. Ex officio members shall not be entitled to vote but otherwise shall have all powers and responsibilities of a regular authority member. (b) Any member can be removed by a two-thirds' vote of the mayor and board of aldermen, with the mayor having the right to vote on the question of removal. (c) All the members of the authority shall serve without compensation; provided, however, that the mayor and board of aldermen may reimburse authority members for reasonable expenses incurred in connection with their service as authority members in accordance with Georgia Law. SECTION 3. The authority shall elect a chairperson, vice-chairperson, and secretary-treasurer from its membership. Officers shall be elected on a calendar year basis but may be reelected for succeeding terms. The chairperson shall be entitled to vote on all issues. SECTION 4. The authority shall have the power to employ an executive director as may be necessary in the operation of the authority's activities, to whom, in turn, shall be delegated the authority and responsibility necessary to properly

Page 3923

administer the business of the authority and its agencies created in this Act or created at a later date, within policies set by the authority and subject to its review. The executive director shall have full charge of the offices and also of all the employees, and the executive director shall have authority to recommend to the authority the hiring and termination of the employees. The authority shall have the authority to establish salaries and compensation for said executive director and all of the employees. SECTION 5. (a) The authority shall meet at such times as may be necessary to transact the business coming before it. Meetings of the authority shall be open to the public in accordance with the laws of this state. Written minutes of all meetings shall be kept; and, within ten days of every meeting, a copy of the minutes shall be furnished to the mayor and Board of Aldermen of the City of Byron. Meetings shall be conducted in accordance with Robert's Rules of Order. (b) At least five regular members of the authority shall constitute a quorum for the transaction of any business, including election of officers. The majority of all votes cast shall determine all questions and elections. SECTION 6. (a) The duties of the authority shall be to: (1) Promote tourism, trade, and conventions for the City of Byron; (2) Study, investigate, and develop plans for improving tourism in the City of Byron and the area and doing such things as tend to bring visitors and conventions into the city; (3) Advise and recommend to the mayor and board of aldermen and departments of the city for the development of tourism in the city; and (4) Otherwise promote public interest in the general improvement of tourism in the city. (b) Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies in the city. SECTION 7. (a) The authority shall have all powers necessary or convenient to carry out and effectuate the purpose and provisions of this Act, including, but without limiting the generality of the foregoing, the power: (1) To sue and be sued in contract and in tort and to complain and defend in all courts; (2) To adopt and alter a corporate seal;

Page 3924

(3) To acquire in its own name real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, by purchase, on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise; to insure the same against any and all risks as such insurance may, from time to time, be available; to use such property, rent, or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, or otherwise dispose of such property, in any manner it deems to the best advantage of the authority and the purposes thereof. Title to such property of the authority shall be held by the authority exclusively for the benefit of the public; (4) To exercise any one or more of the powers, rights, and privileges conferred by this Act either alone or jointly or in common with one or more other parties, whether public or private. In any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of projects, the authority may own an undivided interest in such projects and any other parties, whether public or private. The authority may enter into agreements with respect to any project with the other parties participating therein, and such agreements may contain such terms, conditions, and provisions consistent with this Act as the parties therein may deem to be in their best interest; (5) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the authority or to further the public purpose for which the authority is created; (6) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable in the judgment of the authority to evidence and to provide security for such borrowing; (7) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source whether public or private for loans, grants, guarantees, or other financial assistance in furtherance of the authority's public purpose and to accept and use the same on such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (8) To enter into agreements with the federal government, state government, or any agency thereof to use the facilities or services of the federal government, state government, or any agency thereof in order to further or carry out the public purposes of the authority; (9) Subject to proper appropriation to the authority, to receive and use the proceeds of any tax levied by a political subdivision or taxing

Page 3925

district of the state to pay the cost of any project or for other purpose for which the authority may use its own funds pursuant to this Act; (10) To accept donations and appropriations of money, services, products, property, and facilities for expenditure and use by the authority for the accomplishment of its purpose; (11) To adopt bylaws governing the conduct of business by the authority, the election and duties of officers of the authority, and other matters which the authority determines to include in its bylaws; (12) To invest any accumulation of its funds in any manner that public funds of the state or its political subdivisions may be invested; and (13) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the public purposes of the authority or the constitution and laws of this state. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated in the other paragraphs of subsection (a) of this section and elsewhere in this Act; and no such power shall limit or restrict any other power of the authority. SECTION 8. The properties of the authority, both real and personal, are declared to be public properties used for the benefit and welfare of the people of the City of Byron and not for purposes of private or corporate benefit and income; and such properties, to the extent of the authority's ownership therein, the authority, all income and obligations of the authority, and all transfers of such properties shall be exempt from all taxes and special assessments of the state or of any city, county, or other political subdivision thereof. The authority shall have all the exemptions and exclusions from taxes which are now granted to cities and counties for the operation of properties or facilities similar to the properties and facilities to be owned and operated, or both, by the authority. SECTION 9. Neither the members of the authority nor any person executing notes or obligations on behalf of the authority shall be personally liable thereon by reason of said execution. SECTION 10. The authority shall submit an annual budget request to the mayor and Board of Aldermen of the City of Byron which, upon approval by the mayor and board of aldermen, may in the Discretion of the mayor and board of

Page 3926

aldermen be funded from the revenue received by the city from the hotel-motel tax, provided the authority complies with any provision relative to the expenditures of said revenue now contained in Article 3 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, as now or hereafter in effect, and any other criteria deemed proper by the mayor and board of aldermen. SECTION 11. The mayor and Board of Aldermen of the City of Byron shall be authorized, by and through a committee of their own number or by any person they may select, to inspect at their pleasure the state and condition of the authority and the property thereto belonging and all books and accounts pertaining to the affairs of the authority; and the authority shall give and furnish them any reasonable facility and assistance in making such inspections. SECTION 12. The Byron Convention and Visitors Bureau Authority shall not have the power and authority to bind the City of Byron by any contract, agreement, financial obligation, or indebtedness, or otherwise. No contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city. SECTION 13. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 14. All laws and parts of laws in conflict with the Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia Assembly of Georgia a bill to create the Byron Convention and Visitors Bureau Authority as a public body corporate and politic, a political subdivision of the state and a public corporation to have the responsibility of promotion of tourism, trade and conventions for Byron, Georgia; to provide the creation and organization; to provide for membership of the Authority and their terms of office and compensation, to provide for meetings; to provide for legislative findings and declaration of purpose; to provide for general powers; to provide for rules and regulations; and to provide for other matters relative to the foregoing and relative to the general purposes of this Act; to repeal conflicting laws, and for other purposes. This 3rd day of March, 1997.

Page 3927

ROBERT RAY, Representative 128th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert Ray, who on oath deposes and says that he is the Representative from the 128th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Leader Tribune, which is the official organ of Peach County, on the following date: March 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ROBERT RAY Representative, 128th District Sworn to and subscribed before me, this 12th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

Page 3928

COLUMBUS, GEORGIA MUNICIPAL COURT; CLERK; MARSHAL; COMPENSATION. No. 165 (House Bill No. 1001). AN ACT To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, so as to change the compensation of the clerk and the marshal of the municipal court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, is amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: SECTION 11. The salary of the clerk of said court shall be $46,000.00 per annum and shall be paid in equal monthly installments from the funds of Columbus, Georgia. Any sum received by said clerk in the form of fees or salary for serving as clerk of the Magistrate Court of Muscogee County shall be included in and credited toward said clerk's salary so that the clerk will receive no additional compensation. SECTION 2. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: SECTION 12. The salary of the marshal of said court shall be $46,000.00 per annum and shall be paid in equal monthly installments from the funds of Muscogee County and Columbus, Georgia. The marshal shall also receive a maintenance allowance of not less than $528.00 per annum for the purpose of maintaining the marshal's automobile properly to conduct the business of said court. Said maintenance allowance as fixed by the governing authority of Muscogee County and Columbus, Georgia, shall be paid to the marshal in equal monthly installments from the funds of Muscogee County. Any sum received by said marshal in the form of fees or salary for serving in any capacity in the Magistrate Court of Muscogee County shall be included in and credited toward said marshal's salary so that the marshal will receive no additional compensation.

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SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended; and for other purposes. This 17th day of February, 1997. THOMAS B. BUCK, III Representative, Thomas B. Buck, III 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who on oath deposes and says that he is the Representative from the 135th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THOMAS B. BUCK, III Representative, 135th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. COBB COUNTY JUVENILE COURT; JUDGES; COMPENSATION. No. 166 (House Bill No. 1002). 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) Effective January 1, 1998, the presiding judge of the Juvenile Court of Cobb County shall receive an annual salary of $73,819.00 to be paid in equal monthly installments from the general funds of Cobb County; provided, however, that effective January 1, 1999, such presiding judge shall receive an annual salary of $76,772.00 to be paid in equal monthly installments from the general funds of Cobb County. (b) Effective January 1, 1998, the other judge of the Juvenile Court of Cobb County shall receive an annual salary of $72,259.00 to be paid in

Page 3931

equal monthly installments from the general funds of Cobb County; provided, however, that effective January 1, 1999, such other judge shall receive an annual salary of $75,149.00 to be paid in equal monthly installments from the general funds of Cobb County. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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. 2680), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Earl Ehrhart, who on oath deposes and says that he is the Representative from the 36th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

Page 3932

municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ EARL EHRHART Representative, 36th District Sworn to and subscribed before me, this 13th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. WHITFIELD COUNTY AND CITY OF DALTON SCHOOL DISTRICTS SALES AND USE TAX FOR EDUCATIONAL PURPOSES; DISTRIBUTION. No. 167 (House Bill No. 1003). AN ACT To provide for an alternate method of distribution of the net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution between the Whitfield County school district and the City of Dalton public school system; to provide for the authority of this Act; to provide an effective date; to provide for automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The net proceeds of the sales and use tax for educational purposes authorized under Article VIII, Section VI, Paragraph IV of the Constitution and imposed beginning July 1, 1997, shall be distributed between the Whitfield County school district and the City of Dalton public school system, as follows: (1) $20,960,039.00 to the City of Dalton public school system; and (2) $48,906,759.00 to the Whitfield County school district.

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(b) Any net proceeds of such tax in excess of $69,866,798.00 shall be distributed between the Whitfield County school district and the City of Dalton public school system according to the ratio the student enrollment in the Whitfield County school district and the City of Dalton public school system bears to the total of such student enrollment. Student enrollment shall be based on the latest FTE count prior to the referendum of March 18, 1997, imposing the tax. SECTION 2. This Act is enacted pursuant to the specific authority provided for in Article VIII, Section VI, Paragraph IV(g) of the Constitution. SECTION 3. (a) This Act shall become effective on July 1, 1997; provided, however, that unless a referendum for the approval of the sales and use tax for educational purposes is conducted on March 18, 1997, in Whitfield County and is approved by more than one-half of the votes cast on such question, this Act shall be void and shall be automatically repealed on July 1, 1997. (b) In the event this Act becomes effective pursuant to subsection (a) of this section, this Act shall stand repealed in its entirety on July 1, 2002. 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 1997 session of the General Assembly of Georgia a bill to provide for distribution of net sales tax proceeds between the Whitfield County School District and the City of Dalton Public School System as authorized by Article VIII, Section VI, Paragraph IV (g) of the Constitution of the State of Georgia; to provide for a contingent effective date; to provide for related matters; and for other purposes. This 5th day of March 1997 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Allen Hammontree, who on oath deposes and says that he is the Representative from the 4th District, and further deposes and says as follows: (1) That the attached 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: March 7, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ALLEN HAMMONTREE Representative, 4th District Sworn to and subscribed before me, this 13th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. IRWIN COUNTYBOARD OF COMMISSIONERS; CHAIRPERSON; COMPENSATION. No. 168 (House Bill No. 1011). AN ACT To amend an Act creating the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3876), so as to change provisions relating to the salary of the chairperson of the board of commissioners; 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 the board of commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 27, 1995 (Ga. L. 1995, p. 3876), is amended by striking subsection (b) of Section 6 of said Act in its entirety and inserting in lieu thereof the following: (b) The chairperson shall receive a salary of not less than $2,100.00 per month and not more than $2,333.33 per month. The board of commissioners shall, by ordinance, set the salary of the chairperson at not less than $2,100.00 per month and not more than $2,333.33 per month. SECTION 2. This Act shall become effective on May 1, 1997, or on the first day of the month following its approval by the Governor or its becoming law without such approval, whichever date is later. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION BE IT RESOLVED, by the Board of Commissioners that State Senator Van Street and Representative Newt Hudson be contracted by our legal counsel and requested to introduce local legislation that would authorize the Irwin County Commissioners to set the salary for the Chairman of the Irwin County Commissioner at not less than $2,100 per month nor more than $2,333.33 per month, and to provide for travel expense and other related matters for said Board. The salary increase will begin May 1, 1997. Yeas s/Richard Wilder s/Jimmie Lee Moss s/Jack Eli Vickers s/Joey Whitley Nays Abstain Pass, adopted and approved, this 4th day of November, 1996. STATE OF GEORGIA COUNTY OF IRWIN I, Stephanie Bryant, duly appointed County Clerk of Irwin County, Georgia, do hereby certify that the foregoing is a true and accurate copy of

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a Resolution adopted by the Board of County Commissioners of Irwin County, Georgia at its meeting of 4th day of November, 1996. WITNESS my hand and the County Seal of Irwin County, Georgia, this November 4, 1996. s/Stephanie Bryant County Clerk SEAL NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1997 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 of the Chairman of the County Commissioners shall be determined and set by the Commission; and for other purposes. This 30th day of December, 1996. Thomas E. Pujadas County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who on oath deposes and says that he is the Representative from the 156th District, and further deposes and says as follows: (1) That the attached 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 8, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ NEWT HUDSON Representative, 156th District Sworn to and subscribed before me, this 13th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HABERSHAM COUNTY STATE COURT; TERMS; JUDGE; SOLICITOR-GENERAL; COMPENSATION; PRACTICE OF LAW. No. 169 (House Bill No. 1014). AN ACT To amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), and an Act approved March 31, 1987 (Ga. L. 1987, p. 5330), so as to change the provisions relating to terms of said court; to change the compensation of the judge and solicitor of said court; to provide that neither the judge nor the solicitor of said court shall be prohibited from practicing law except that neither shall practice criminal law as defense counsel in any court in Georgia; 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 and establishing the State Court of Habersham County (formerly the City Court of Habersham County), approved February 13, 1941 (Ga. L. 1941, p. 651), as amended, particularly by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), an Act approved March 5, 1957 (Ga. L. 1957, p. 2395), an Act approved March 2, 1966 (Ga. L. 1966, p. 2768), an Act approved April 11, 1968 (Ga. L. 1968, p. 3678), an Act approved February 27, 1969 (Ga. L. 1969, p. 2076), an Act approved February 27, 1969 (Ga. L. 1969, p. 2093), an Act approved March 25, 1974 (Ga. L. 1974, p. 3254), an Act approved February 11, 1977 (Ga. L. 1977, p. 2606), an Act approved February 23, 1979 (Ga. L. 1979, p. 3025), an Act approved March 9, 1981 (Ga. L. 1981, p. 3087), and an Act approved March 31, 1987 (Ga. L. 1987, p. 5330), is amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. The terms of state court shall be semiannually and shall commence on the third Monday in January and July of each year. Each term shall continue until commencement of the next succeeding term of said state court. All terms of said state court shall be held at the Habersham County Courthouse in the City of Clarkesville in said county. SECTION 2. Said Act is further amended by striking Section 10 in its entirety and inserting in its place a new Section 10 to read as follows: SECTION 10. There shall be a judge of said state court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his or her office until December 31, 1944, and until his or her successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said state court shall hold his or her office by virtue of an election by the qualified voters of Habersham County and shall hold his or her office for a term of four years, beginning on the first day of January, 1945. At the regular election of county officers of Habersham County, in the year 1944, there shall be elected by the qualified voters of said County of Habersham a judge of said state court who shall be commissioned by the Governor and shall hold his or her office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said state court shall receive a minimum annual

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salary of $18,000.00 payable in equal monthly installments from the funds of Habersham County; provided, however, that the governing authority of Habersham County shall determine the exact annual salary of such judge and may provide supplements to such salary as it deems necessary. Said salary shall be paid by the governing authority of Habersham County out of county funds. The judge of the state court shall be furnished an office in the courthouse as other county officers, and it shall be the duty of the governing authority of said county to make provision annually in levying taxes for this purpose. The judge shall not be prohibited from practicing law except that he or she shall not practice criminal law as defense counsel in any court in Georgia. SECTION 3. Said Act is further amended by striking Section 14 in its entirety and inserting in its place a new Section 14 to read as follows: SECTION 14. There shall be a solicitor-general of said state court, appointed, commissioned, and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office shall be until the thirty-first day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time, and for the same terms as are hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor-general to prosecute for all offenses cognizable before said court. The said solicitor-general shall receive the same fees for each written accusation as are allowed for each indictment in the superior court, and his or her fees for all other services rendered shall be the same as are those of a district attorney in the superior court; but all such fees shall be paid into the county treasury by the said solicitor-general as collected, and in lieu thereof he or she shall receive a minimum annual salary of $18,000.00 payable in equal monthly installments from the funds of Habersham County; provided, however, that the governing authority of Habersham County shall determine the exact annual salary of such solicitor-general and may provide supplements to such salary as it deems necessary. Said salary shall be paid by the governing authority of Habersham County out of county funds. The solicitor-general shall not be prohibited from practicing law except that he or she shall not practice criminal law as defense counsel in any court in Georgia. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating and establishing the State Court of Habersham County (formerly the City Court of Habersham County) approved February 13, 1941 (Ga. L. 1941, p. 651) as amended; and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben D. Bridges, who on oath deposes and says that he is the Representative from the 9th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Northeast Georgian, which is the official organ of Habersham County, on the following date: January 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BEN D. BRIDGES Representative, 9th District Sworn to and subscribed before me, this 13th day of March, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. WALKER COUNTY STATE COURT; JUDGE'S SECRETARY; COMPENSATION. No. 170 (House Bill No. 1021). AN ACT To amend an Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3726), so as to change the compensation of the secretary of the judge of the state court; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the State Court of Walker County, approved March 5, 1957 (Ga. L. 1957, p. 2561), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3726), is amended by striking subsection (c) of Section 3 of said Act and inserting in its place the following: (c) In addition to the secretary appointed by the solicitor-general pursuant to Section 10.1 of this Act, the judge shall have the authority to appoint a secretary who shall serve at the pleasure of the judge and shall perform such duties as may be prescribed by the judge. Such secretary shall be compensated from the funds of Walker County in the amount of $17,900.00 per year, payable in equal monthly installments. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 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

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amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3726); and for other purposes. This 16th day of February, 1997. Representative Mike Snow 2nd District. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Snow, who on oath deposes and says that he is the Representative from the 2nd District, and further deposes and says as follows: (1) That the attached 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 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE SNOW Representative, 2nd District Sworn to and subscribed before me, this 14th day of March, 1997.
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s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. MURRAY COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 171 (House Bill No. 1024). AN ACT To provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of 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 Murray County, including, but not limited to, taxes to retire county bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Senior citizen means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of Murray County who is a senior citizen is granted an exemption on that person's homestead from all Murray County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of that homestead. 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 Murray County giving the person's

Page 3944

age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Murray 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, 1998, has applied for and is eligible for the $6,000.00 homestead exemption from Murray County ad valorem taxes for county purposes pursuant to a local constitutional amendment (Ga. L. 1980, p. 2050) 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 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Murray County ad valorem taxes for county purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1999. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Murray County for approval or rejection. The election superintendent shall conduct that election on the date of the July, 1998, 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

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immediately preceding the date thereof in the official organ of Murray County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Murray County ad valorem taxes for county purposes for that county in the amount of $12,000.00 of the assessed value of homesteads for residents of that county who are 65 years of age or older? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1999. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Murray County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective January 1, 1998. SECTION 8. 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 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of 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; and for other purposes. This the 7 day of February, 1997. Representative Charles Poag 6th District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Poag, who on oath deposes and says that he is the Representative from the 6th District, and further deposes and says as follows: (1) That the attached 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: March 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality; or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHARLES POAG Representative, 6th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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MURRAY COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 172 (House Bill No. 1025). AN ACT To provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of 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 Murray County, excluding taxes to retire county bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-4-40 of the O.C.G.A. (3) Income means gross income, as defined by Georgia law, from all sources. SECTION 2. (a) Each resident of Murray County is granted an exemption on that person's homestead from all Murray County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of that homestead if that person's income, together with the income of all members of the family residing within the homestead, does not exceed $15,000.00 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 Murray County giving the amount of income which that person and all members of the family residing within the homestead received during the last taxable year and such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to

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determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Murray County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Murray County ad valorem taxes for county purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1999. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Murray County for approval or rejection. The election superintendent shall conduct that election on the date of the July, 1998, 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 Murray 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 Murray County ad valorem taxes for county purposes for that county in the amount of $4,000.00 of the assessed value of the homestead for residents of that county whose household income does not exceed $15,000.00?

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All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1999. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Murray County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective January 1, 1998. SECTION 8. 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 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Murray County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead of 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 date, and automatic repeal; and for other purposes. This 7th day of March, 1997. Representative Charles Poag 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Poag, who on oath deposes and says that he is the Representative from the 6th District, and further deposes and says as follows: (1) That the attached 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: March 12, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHARLES POAG Representative, 6th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HARALSON COUNTY WATER AUTHORITY PURCHASES AND SALES. No. 173 (House Bill No. 1026). AN ACT To amend the Haralson County Water Authority Act, approved April 10, 1971 (Ga. L. 1971, p. 3258), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 4247), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4657), so as to change provisions relating to purchasing and sales by the authority; to specify procedures for such purchases and sales; 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. The Haralson County Water Authority Act, approved April 10, 1971 (Ga. L. 1971, p. 3258), as amended by an Act approved April 6, 1981 (Ga. L. 1981, p. 4247), and an Act approved March 25, 1986 (Ga. L. 1986, p. 4657), is amended by striking Section 7 and inserting in its place a new section to read as follows: SECTION 7. Procedures for purchasing and selling. (a) Noncapital purchasing: Except in the purchase of unique articles or articles which for any reason are unobtainable in the open market, and except as provided in this section, written price quotations shall be secured before any purchase by contract or otherwise is made by the authority for supplies and the purchase shall be made from or the contract shall be awarded to, the lowest responsible supplier submitting a complete, responsive quotation. No purchase of any unique article or other articles unobtainable in the open market shall be made where the amount involved is $1,000.00 or more, unless a report detailing why such unique article or other articles are unobtainable in the open market is submitted to the governing authority of Haralson County. When purchasing supplies, written price quotations from at least three qualified and responsible vendors shall be obtained for all purchases more than $5,000.00 or, in lieu thereof, the authority shall keep on file a memorandum showing that less than three vendors so qualified exist in the market area within which it is practicable to obtain quotations, except as provided in this section. Purchases of supplies under $5,000.00 may be negotiated with or without obtaining written price quotations under sound procurement procedures as promulgated and established by the authority. In all cases, payment will be made only upon approved invoices submitted to the Haralson County Water Authority. (b) Selling and capital purchases: Except as provided in this section, competitive bids shall be secured before sale by contract or otherwise is made by the authority, or before any contract is awarded for construction, alterations, equipment, repairs or maintenance, or for rendering any services to the authority other than professional services and the sale shall be made to the highest responsible bidder, and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder. All sales of $500.00 or more shall be awarded after advertising in the official organ of Haralson County at least two weeks prior to bid opening. Bids shall be publicly opened and read aloud at a date, time, and place designated in the invitation to bid. Invitations to bid shall be

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sent at least one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or, in lieu thereof, the authority shall keep on file a memorandum showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids. Sales under $500.00 may be negotiated with or without competitive bidding under sound procedures as promulgated and established by the authority. The authority shall have the right to reject any or all bids, whenever in the opinion of the authority such rejection is necessary for the protection of the interest of the authority. In such cases, the authority shall readvertise for new bids on the same or different terms. Contracts where the total price is under $5,000.00 for construction, alterations, equipment, repairs or maintenance, or for rendering any services to the authority may be negotiated with or without competitive bidding under sound procedures as promulgated and established by the authority. (c) Emergency purchases: Procurement of written price quotations and competitive bids may be waived if it is determined by the authority that an emergency directly and immediately affecting customer service or public health, safety, or welfare requires immediate delivery of supplies, materials, equipment, or services; provided, however, that a record explaining the emergency shall be submitted to the governing authority of Haralson County. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1997 Session of the General Assembly of Georgia a Bill to modify the Act that created the Haralson County Water Authority; to modify bidding requirements for purchases made by the Authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This the 14th of February, 1997. s/ Amos Sparks Amos Sparks, Chairman Haralson County Water Authority GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who on oath deposes and says that he is the Representative from the 18th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon, which is the official organ of Haralson County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THOMAS B. MURPHY Representative, 18th District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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COFFEE COUNTY BOARD OF EDUCATION; COMPENSATION. No. 174 (House Bill No. 1027). AN ACT To amend an Act creating a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, so as to change the compensation of the members of the board of education; 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 education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, is amended by striking Section 4 of said Act and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. Beginning on the effective date of this section, the members of the board of education, including the chairman, shall each receive $300.00 per month as compensation for their services; and, as a cost-of-living adjustment, the amount of the monthly compensation received by such members shall increase in each year by a percentage equal to any cost-of-living adjustment provided to teachers under the jurisdiction of the board of education. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating a board of education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended; and for other purposes. This 4th day of March, 1997. Chuck Sims Rep. District 167
Page 3955

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from the 167th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Douglas Enterprise, which is the official organ of Coffee County, on the following date: March 9, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHUCK SIMS Representative, 167th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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CITY OF BAINBRIDGE CORPORATE LIMITS. No. 175 (House Bill No. 1028). AN ACT To amend an Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, is amended by adding at the end of Section 3 a new paragraph to read as follows: The corporate limits of the City of Bainbridge shall also include all of the following described property, to wit: All that certain tract of land situate, lying and being in Lot of Land No. 285 in the 20th Land District of Decatur County, Georgia, more particularly described as follows: From the Northwest corner of Lot of Land No. 316 in the 20th Land District of Decatur County, Georgia, marked by an iron spike between two nails in the centerline of the paved road running along the North line of said lot at its intersection with an unpaved road running North along the lot line, run North 88 degrees 30 minutes East along the North lines of said Lot 316 and said Lot 285 and along the centerline of the paved Country Club Road 5791 feet to the point of beginning. From said point of beginning, run North 88 degrees 30 minutes East along the North line of said Lot 285 and the centerline of said road 404.15 feet; thence South 1 degree 30 minutes East 40 feet to an angle iron on the South right-of-way line of said road; thence continue South 01 degree 30 minutes East 538.91 feet to a point; thence South 88 degrees 30 minutes West a distance of 404.15 feet to a point; thence run North 01 degree 30 minutes West along the East line of Country Club leased property 538.91 feet to a concrete marker on the South right-of-way line of said Country Club Road; thence continue North 01 degree 30 minutes West 40 feet to the center of said road and the North line of said lot which is the point of beginning. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an Act creating

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a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended; and for other purposes. This 11 day of March, 1997. /S/Kermit F. Bates, Jr. Representative, 179th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kermit F. Bates, who on oath deposes and says that he is the Representative from the 179th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight, which is the official organ of Decatur County, on the following date: March 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ KERMIT F. BATES, JR. Representative, 179th District Sworn to and subscribed before me, this 12th day of March, 1997.
Page 3958

s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. LEE COUNTY BOARD OF COMMISSIONERS; FRANCHISE FEES. No. 176 (House Bill No. 1037). AN ACT To amend an Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, approved August 6, 1921 (Ga. L. 1921, p.517), as amended, so as to grant to such county the authority to levy and collect certain franchise fees; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to create a Board of Commissioners of Roads and Revenues for the County of Lee, approved August 6, 1921 (Ga. L. 1921, p.517), as amended, is amended by inserting immediately following Section 8 a new section to read as follows: SECTION 8A. The commissioners are authorized to grant franchises to or make contracts with individuals and companies providing water service and waste-water service for the use and occupancy of the streets of the county, for the purpose of rendering utility services, upon such conditions and for such time as the board of commissioners may deem wise and subject to the Constitution and the general laws of this state. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION OF BOARD OF COMMISSIONERS OF LEE COUNTY, GEORGIA SEEKING LOCAL LEGISLATION AUTHORIZING FRANCHISE FEES ON PRIVATE WATER AND SEWER SYSTEMS It is hereby resolved by and through the Board of Commissioners of Lee County, Georgia, that said governmental body requests the Georgia State Assembly to pass Local Legislation Authorizing the Board of Commissioners of Lee County, Georgia to institute a franchise fee schedule for local

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private water and sewer systems within the boundaries of Lee County, Georgia. This 23rd day of January, 1997. BOARD OF COMMISSIONERS OF LEE COUNTY s/John L. Leach, III s/Cynthia Hunkele s/James N. Mays s/Ray Perkins s/Jackie McCorkle ADOPTED; JANUARY 23, 1997 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for the county of Lee, approved August 6, 1921 (Ga. L. 1921, p. 517), as amended; and for other purposes. This 10th day of March, 1997. Board of Commissioners Lee County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ray Holland, who on oath deposes and says that he is the Representative from the 157th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Lee County Ledger, which is the official organ of Lee County, on the following date: March 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ RAY HOLLAND Representative, 157th District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. HOSPITAL AUTHORITY OF WILKES COUNTY VACANCIES. No. 177 (House Bill No. 1038). AN ACT To change the manner of filling vacancies upon the board of the Hospital Authority of Wilkes County; to provide that a member of the board of commissioners may fill such a vacancy; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Appointments to fill vacancies for either an unexpired or full term on the board of the Hospital Authority of Wilkes County shall be made by the Board of Commissioners of Wilkes County. The Board of Commissioners of Wilkes County may fill such vacancy with a county commissioner if there is no other county commissioner serving at that time on the board of the Hospital Authority of Wilkes County. Any vacancy on said hospital authority

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board which occurred prior to the date this Act becomes effective and which had not been filled by that date and any vacancy which occurs on or after that date shall be filled as provided in this section. 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 1997 session of the General Assembly of Georgia a bill to change the manner of filling vacancies upon the board of the Hospital Authority of Wilkes County, to provide that a member of the board of commissioners may fill such a vacancy; and for other purposes. This 13th day of March, 1997. Representative Tom McCall 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 the Representative from the 90th District, and further deposes and says as follows: (1) That the attached 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: March 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOM MCCALL Representative, 90th District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF TIFTON CORPORATE LIMITS; REFERENDUM. No. 178 (House Bill No. 1046). AN ACT To amend an Act entitled An Act to provide a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended, or, in the alternative, that Act introduced during the regular 1997 session of the General Assembly to provide a new charter for the City of Tifton if such Act becomes law, so as to change the corporate limits of the City of Tifton; to provide for a referendum; to provide for matters related 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 entitled An Act to provide a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended, is amended by inserting at the end of Section 1.03 the following: (c) Notwithstanding the provisions of subsection (a) of this section, the boundaries of the city shall include the area described as follows: All that land lying and being in the Sixth Land District of Tift County, Georgia and being more particularly described as follows: For a

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beginning reference point, commence at the intersection of the East Right of way Line of Interstate Highway 75 with the North right of way line of Brighton Road and from said beginning point, thence run south 82 53' 12 East 500.00 feet; thence run south 07 06' 48 west 50.00 feet; thence run south 82 53' 12 east 300.12 feet; thence run south 07 06' 48 west 10.00 feet; thence run south 82 53' 12 east 213.50 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 422.68 feet (said arc being subtended by a chord having a bearing of south 83 23'45 east; a distance of 422.67 feet; and a radius of 23779.84 feet); thence run south 83 54' 18 east 1796.00 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 680.36 feet; (said arc being subtended by a chord having a bearing of north 89 11' 42 east; a distance of 678.71 feet; and a radius of 2824.79 feet); thence run north 82 17' 42 east 163.43 feet to a point on the west right of way line of State Route 125; thence run north 80 51' 49 east 151.69 feet to a point on the east right of way line of State Route 125; thence run north 80 17' 25 east 751.73 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 664.11 feet (said arc being subtended by a chord having a bearing of north 83 35' 16 east; a distance of 663.74 feet; and a radius of 5769.58 feet); thence run north 87 08' 01 east 875.79 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 122.94 feet (said arc being subtended by a chord having a bearing of north 86 59' 15 east; a distance of 122.94 feet; and a radius of 34417.50 feet); thence run north 87 05' 23 east 1323.20 feet; thence run north 02 54' 37 west 10.00 feet; thence run north 87 05' 23 east 188.20 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 651.69 feet (said arc being subtended by a chord having a bearing of south 88 05' 08 east; a distance of 650.92 feet; and a radius of 3869.72 feet); thence run south 83 15' 40 east 1755.17 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 650.59 feet (said arc being subtended by a chord having a bearing of south 81 38' 30 east; a distance of 650.51 feet; and a radius of 11509.16 feet); thence run south 80 01' 20 east 1947.12 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 273.55 feet (said arc being subtended by a chord having a bearing of south 81 24' 08 east; a distance of 273.53 feet; and a radius of 5678.99 feet); thence run south 00 31' 53 west 7353.08 feet to a point on the south right of way line of Old Ocilla Road; thence run south 01 00' 48 west 9785.13 feet to a point on the southeastern right of way line of U.S. Highway 319; thence run south 32 32' 12 east 2244.34 feet; thence run along the arc of a curve an arc distance of 2219.46 feet (said arc being subtended by a chord having a bearing of south 05 10' 17 east; a distance of 2136.03 feet; and a radius of 2323.48 feet);

Page 3964

thence run along the arc of a curve an arc distance of 1563.02 feet (said arc being subtended by a chord having a bearing of south 34 01' 38 west; a distance of 1520.03 feet; and a radius of 1915.75 feet); thence run south 40 13' 26 west 482.13 feet to a point on the south right of way line of U.S. Highway 82; thence run along the south right of way line of U.S. Highway 82 north 72 40' 12 west 1941.20 feet; thence run south 39 27' 13 west 37.65 feet; thence run along the east right of way line of Tri County Road South 28 21' 56 east 718.52 feet; thence run along the arc of a curve in the east right of way line of Tri County Road an arc distance of 622.01 feet (said arc being subtended by a chord having a bearing of south 13 20' 23 east; a distance of 614.91 feet; and a radius of 1185.92 feet); thence run along the east right of way line of Tri County Road South 01 41' 10 west 1322.14 feet; thence run south 31 01' 23 east 84.14 feet; thence run south 63 43' 57 east 249.91 feet; thence run along the arc of a curve in the east right of way line of Tifton-Eldorado Road an arc distance of 1328.82 feet (said arc being subtended by a chord having a bearing of south 31 37' 57 east; a distance of 1260.39 feet; and a radius of 1185.92 feet); thence run south 00 28' 03 west 8934.78 feet to a point on the north right of way line of State Route 125; thence run south 08 06' 43 east 191.69 feet to a point on the south right of way line of State Route 125; thence run south 01 19' 55 west 1267.49 feet; thence run along the arc of a curve in the east right of way line of the Tifton-Eldorada Road an arc distance of 440.39 feet (said arc being subtended by a chord having a bearing of south 01 36' 49 west; a distance of 440.39 feet; and a radius of 44777.57 feet); thence run south 01 53' 44 west 331.43 feet to a point on the south right of way line of Oak Ridge Road; thence run along the south right of way line of Oak Ridge Road north 82 50' 18 west 1775.56 feet; thence run along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 490.45 feet (said arc being subtended by a chord having a bearing of north 82 30' 43 west; a distance of 490.45 feet; and a radius of 43042.38 feet); thence run north 82 11' 08 west 1818.66 feet; thence run along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 732.13 feet (said arc being subtended by a chord having a bearing of north 89 36' 38 west; a distance of 730.09 feet; and a radius of 2824.79 feet); thence run south 82 57' 52 west 1229.40 feet; thence run along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 559.44 feet (said arc being subtended by a chord having a bearing of south 82 34' 11 west; a distance of 559.44 feet; and a radius of 40580.91 feet); run thence south 82 10' 29 west 112.07 feet to a point on the east right of way line of U.S. Highway 41; run thence south 80 59' 25 west 193.32 feet to a point on the west right of way line of U.S. Highway 41; run thence south 78 32' 33 west 840.21 feet; run thence south 11 27' 27 east 10.00 feet; run thence south 78 32' 33 west 322.30 feet; run thence south 11 27' 27 east 20.00 feet; run thence

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along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 201.22 feet (said arc being subtended by a chord having a bearing of south 79 02' 33 west; a distance of 201.21 feet; and a radius of 11528.87 feet to a point on the east right of way line of Interstate Highway 75; run thence south 79 32' 33 west 425.14 feet to a point on the west right of way line of Interstate Highway 75; run thence north 12 46' 28 west 2574.95 feet along the west right of way line of Interstate Highway 75; run thence along the arc of a curve in the west right of way line of Interstate Highway 75 an arc distance of 651.47 feet (said arc being subtended by a chord having a bearing of north 14 24' 27 west; a distance of 651.38 feet; and a radius of 11427.40 feet); run thence north 16 02' 27 west 683.03 feet; run thence north 22 28' 52 west 146.22 feet; run thence along the arc of a curve in the west right of way line of Interstate Highway 75 an arc distance of 184.05 feet (said arc being subtended by a chord having a bearing of north 20 22' 50 west; a distance of 181.31 feet; and a radius of 307.26 feet); run thence north 37 32' 27 west 47.33 feet; run thence along the arc of a curve in the west right of way line of Interstate Highway 75 an arc distance of 230.01 feet (said arc being subtended by a chord having a bearing of north 26 47' 27 west; a distance of 228.66 feet; and a radius of 612.96 feet); run thence north 16 02' 27 west 237.13 feet; run thence north 84 15' 27 west 32.31 feet; run thence north 16 02' 27 west 91.61 feet; run thence along the arc of a curve an arc distance of 197.12 feet (said arc being subtended by a chord having a bearing of north 55 09' 20 west; a distance of 193.76 feet; and a radius of 307.79 feet); run thence along the arc of a curve an arc distance of 236.89 feet (said arc being subtended by a chord having a bearing of south 79 37' 09 west; a distance of 231.00 feet; and a radius of 305.44 feet); run thence north 87 51' 25 west 695.07 feet; run thence north 81 07' 07 west 409.75 feet; run thence along the arc of a curve an arc distance of 548.00 feet (said arc being subtended by a chord having a bearing of south 81 33' 08 west; a distance of 539.68 feet; and a radius of 905.92 feet); run thence south 64 13' 22 west 481.53 feet; run thence along the arc of a curve an arc distance of 1043.25 feet (said arc being subtended by a chord having a bearing of south 85 47' 15 west; a distacne of 1018.79 feet; and a radius of 1385.92 feet); run thence north 72 38' 52 west 315.07 feet to a point on the west right of way line of Old Union Road; run thence north 00 56' 37 east 194.99 feet along the west right of way line of Old Union Road; run thence south 85 27' 53 west 2362.57 feet; run thence south 85 33' 12 west 466.98 feet to a point in the run of a creek; thence run north 70 29' 34 west 1776.61 feet; thence run south 88 52' 16 west 991.54 feet to a point on the east right of way line of U.S. Highway 319; thence run south 31 57' 37 west 296.72 feet to a point on the west right of way line of U.S. Highway 319; thence run north 80 38' 56 west 2822.43 feet; thence run along the arc of a curve an arc distance of 1998.92 feet (said arc being subtended by a chord having a bearing of north 39 50' 21 west; a

Page 3966

distance of 1832.36 feet; and a radius of 1395.52 feet); thence run north 01 11' 44 east 392.58 feet; thence run north 81 57' 42 west 50.36 feet; thence run south 53 14' 28 west 126.82 feet; thence run south 80 26' 17 west 203.58 feet; thence run north 89 29' 30 west 500.04 feet; thence run north 52 03' 25 west 187.20 feet; thence run north 63 47' 15 west 441.41 feet; thence run north 01 11' 45 east 1266.54 feet; thence run north 65 00' 36 east 668.62 feet; thence run north 01 06' 36 east 16298.38 feet to a point on the north right of way line of Whiddon Mill Road; thence run north 07 50' 25 east 8506.06 feet to a point on the north right of way line of Zion Hope Church Road; thence run south 81 27' 36 east and along the north right of way line of Zion Hope Church Road 1693.43 feet; thence run along the arc of a curve in the north right of way line of Zion Hope Church Road an arc distance of 220.20 feet; said arc being subtended by a chord having a bearing of south 81 18' 57 east; a distance of 220.20 feet; and a radius of 43777.50 feet); thence run south 81 10' 19 east 1637.30 feet; thence run along the arc of a curve in the north right of way line of Zion Hope Church Road an arc distance of 938.63 feet (said arc being subtended by a chord having a bearing of south 84 42' 37 east; a distance of 938.04 feet; and a radius of 7599.44 feet); thence run south 88 14' 55 east 1208.56 feet; thence run along the arc of a curve in the north right of way line of Zion Hope Church Road an arc distance of 635.45 feet (said arc being subtended by a chord having a bearing of north 86 56' 06 east; a distance of 634.71 feet; and a radius of 3779.72 feet); thence run north 82 07' 07 east 1970.43 feet to a point on the west right of way line of U.S. Highway 41; thence run along the west right of way line of U.S. Highway 41 north 01 11' 14 west 1712.17 feet; thence run along the arc of a curve in the west right of way line of U.S. Highway 41 an arc distance of 362.11 feet (said arc being subtended by a chord having a bearing of north 03 56' 21 west; a distance of 361.97 feet; and a radius of 3769.72 feet); thence run along the west right of way line of U.S. Highway 41 north 17 10' 56 west 2886.91 feet; thence run north 83 04' 10 east 748.73 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 480.39 feet (said arc being subtended by a chord having a bearing of south 89 54' 31 east; a distance of 479.18 feet; and a radius of 1959.86 feet); thence run south 82 53' 12 east 484.55 feet to a point on the west right of way line of Interstate Highway 75; thence run south 86 27' 48 east 801.45 feet to a point on the east right of way line of Interstate Highway 75 and the point and place of beginning of the description herein delineated. Said parcel of land is more fully shown and depicated upon that plat of survey entitled `survey for the City of Tifton' prepared by Hampton Associates Surveying Company dated February 16, 1996; said plat describing 18,220.935 acres; and, said plat and the description thereon being incorporated herein by reference thereto.

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SECTION 2. If that Act to provide a new charter for the City of Tifton introduced during the regular 1997 session of the General Assembly becomes law, the above described boundaries, which are also described in Appendix A to such Act, shall describe the boundaries of the city for purposes of such Act. SECTION 3. As soon as is permissible and reasonably practicable under the federal Voting Rights Act of 1965, as amended, and under the general laws of this state, the election superintendent of Tift County shall call and conduct an election for the purpose of submitting this Act to the electors of Tift County residing in the area described in Section 1 of this Act but outside the existing municipal boundaries of the city 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 Tift County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which annexes certain territory into the corporate limits of the City of Tifton? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect immediately; otherwise it shall be void and of no force and effect and shall be automatically repealed upon the date the election results are certified under this section. The expense of such election shall be borne by the City of Tifton. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. 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. CITY OF TIFTON, GEORGIA RESOLUTION NO. 97-13 (APPROVAL OF RECOMMENDATION TO LEGISLATIVE DELEGATION FOR PROPOSED ANNEXATION AND FOR NEW CITY CHARTER) A RESOLLUTION OF THE CITY COMMISSION OF THE CITY OF TIFTON, GEORGIA RELATIVE TO THE APPROVAL OF A RECOMMENDATION TO THE LOCAL LEGISLATIVE DELEGATION TO PROPOSE LOCAL LEGLISLATION DEALING WITH ANNEXATION AND A NEW CITY CHARTER.

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WHEREAS, after long consideration and study, the City Commission deems it to be necessary and prudent to enact a new City Charter; and WHEREAS, after long consideration and study, the City Commission deems it to be necessary and prudent to present for voter approval in a referendum ballot the issue of annexing certain contiguous areas of unincorporated Tift County, Georgia into the City of Tifton; and WHEREAS, for either of these two events to occur (new charter and/or annexation), it is necessary to introduce local legislation in the General Assembly of Georgia and for both houses of the General Assembly to pass such legislation. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TIFTON, GEORGIA, in regular meeting, that: 1. The City Commission of the City of Tifton does approve the new City Charter presented to it by the City Attorney and does request that this Charter, with the assistance of the Office of Legislative Council of the Georgia General Assembly, be introduced into both houses of the Georgia General Assembly and that such Charter become effective as soon as legally possible. 2. The City Commission of the City of Tifton does approve for submission to the voters the referendum issue of annexation as presented to it by the City Manager and his staff and as outlined according to the outer boundaries of the survey prepared by Hampton Associates Surveying Company, Inc. dated February 16, 1996 entitled Survey for City of Tifton and attached hereto. This referendum issue of annexation must first be submitted to the Georgia General Assembly by local legislation so as to authorize the conducting of said referendum and the City Commission of the City of Tifton does hereby expressly request that this matter, with the assistance of the Office of Legislative Counsel of the Georgia General Assembly, be introduced into both houses of the Georgia General Assembly. RESOLVED in meeting assembled in Tifton, Georgia this 13th day of January, 1997. /s/PAUL E. GRISHAM, CHAIRMAN CITY COMMISSION CITY OF TIFTON
Page 3969

ATTEST: /s/ELOISE H. SCARBOROUGH CMC CITY CLERK CITY OF TIFTON APPROVED AS TO FORM: /s/GREGORY C. SOWELL CITY ATTORNEY /s/James G. Cater, Vice-Chairman City Commission City of Tifton /s/James C. Bowen, Jr., Commissioner City of Tifton /s/Frank Doles, Commissioner City of Tifton /s/W. Joe Lewis, Commissioner City of Tifton NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to Provide for a New Charter for the City of Tifton approved March 30, 1997 (Ga. L. 1977, p. 4353), as amended, or any successor Act to such Act, so as to annex certain property into the corporate limits of such City; to provide for a referendum; and for other purposes. This 25th day of February, 1997. City of Tifton, Georgia By: (S) Gregory C. Sowell City Attorney March 1, 1997 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from the 165th District, and further deposes and says as follows: (1) That the attached 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: March 1, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

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or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ J. AUSTIN SCOTT Representative, 165th District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997. CITY OF TIFTON NEW CHARTER. No. 179 (House Bill No. 1048). AN ACT To provide a new charter for the City of Tifton; 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 vice 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 finance director, 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 council districts; 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.

Page 3971

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. The City of Tifton, in Tift 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 Tifton, Georgia, and by that name shall have perpetual succession. ALTERNATIVE ONE {IF ANNEXATION PASSES} SECTION 1.11. Corporate boundaries. (a) The corporate boundaries of this city shall be as described and set forth in Appendix A attached to this charter. (b) The city council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries. ALTERNATIVE TWO {IF ANNEXATION FAILS} SECTION 1.11. Corporate boundaries. (a) The corporate boundaries of this city shall be as described and set forth in Appendix B attached to this charter. (b) The city council may provide for changes in Appendix B by ordinance to reflect lawful changes in the corporate boundaries.

Page 3972

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 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 the 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;

Page 3973

(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) Eminent domain. 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. (10) 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; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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; (12) 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; (13) 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 grantor may impose; (14) Helath and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or

Page 3974

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; (16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (17) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (18) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (19) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (20) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric 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; (22) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and

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the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks 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; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate or contract for such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Georgia Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean,

Page 3976

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 thereof 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 over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for manner and method of collecting such service charge and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors or alcoholic beverages, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

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(39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace security, good order, comfort, convenience, or general welfare of the city and its inhabitants; 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 ALTERNATIVE ONE {IF ANNEXATION PASSES} SECTION 2.10. City council creation; number; election. (a) The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. However, until such election is held, the city council established in

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this charter shall in all respects be successor to and continuation of the city governing authority under prior law. (b) For the purpose of electing members of the city council, the city shall be divided into six council districts. Those districts shall consist of the territory of the City of Tifton as contained in the description of the districts attached to this Act as Appendix C and made a part hereof and further identified as: Operator: local Client: tifton Plan: tiftwk5r. (c) For purposes subsection (b) of this section: (1) The terms Tract, Block, and VTD shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any council district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the City of Tifton which is not included in any council district described in subsection (b) of this section shall be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the City of Tifton which is described in subsection (b) of this section as being included in a particular council district shall nevertheless not be included within such council district if such part is not contiguous to such council district. Such noncontiguous part shall instead be included within that council district contiguous to

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such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. ALTERNATIVE TWO {IF ANNEXATION FAILS} SECTION 2.10. City council creation; 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. The mayor and councilmembers shall be elected in the manner provided by this charter. However, until such election is held, the city council established in this charter shall in all respects be successor to and continuation of the city governing authority under prior law. (b) For the purposes of electing members of the city council, the city shall be divided into four council districts. Those districts shall consist of the territory of the City of Tifton as contained in the description of the districts attached to this Act as Appendix D and made a part hereof and further identified as: Operator: local Client: tifton Plan: tiftwk7. (c) For purposes subsection (b) of this section: (1) The terms Tract, Block, and VID shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any council district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any council district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the City of Tifton which is not included in any council district described in subsection (b) of this section shall be included within that council district contiguous to such part which contains the

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least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the City of Tifton which is described in subsection (b) of this section as being included in a particular council district shall nevertheless not be included within such council district if such part is not contiguous to such council district. Such noncontiguous part shall instead be included within that council district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. 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: (1) That person has attained 21 years of age; (2) That person has been a city resident for 12 months immediately preceding the date of taking office; and (3) That person is a resident of the city and, for councilmembers, a resident of that particular council district, as of the date of qualifications for election to the particular position. SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the city council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. SECTION 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.

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SECTION 2.14. Conflicts of interest; holding other offices. (a) Conflict of interest No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person has a financial interest. (b) Disclosure Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor 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 that person 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

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private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) Use of public property No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render such contract or sale voidable at the option of the city council. (e) Ineligibility of elected official Except where authorized by law, no councilmember nor the mayor shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which that person was elected. (f) Political activities of certain officers and employees No appointed officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) 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 that person's office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and 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.

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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 first Monday in January of 1998. The meeting shall be called to order by the city attorney 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. ALTERNATIVE ONE {IF ANNEXATION PASSES} 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. ALTERNATIVE TWO {IF ANNEXATION FALLS} SECTION 2.18. Meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance.

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(b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by law and notice to the public of special meetings shall be 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. ALTERNATIVE ONE {IF ANNEXATION PASSES} SECTION 2.20. Quorum; voting. (a) Four councilmembers or three councilmembers and the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of four councilmembers shall be required for the adoption of any ordinance, resolution, or motion. (b) The mayor and vice mayor shall each be entitled to vote on all questions. The mayor or in his or her absence the vice mayor may not make a motion but may second a motion made by another councilmember. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining

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councilmembers shall be required for the adoption of any ordinance, resolution, or motion. ALTERNATIVE TWO {IF ANNEXATION FAILS} SECTION 2.20. Quorum; voting. (a) Three councilmembers or two councilmembers and the mayor shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any 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) The mayor and vice mayor shall each be entitled to vote on all questions. The mayor or in his or her absence the vice mayor may not make a motion but may second a motion made by another councilmember. (c) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.21. 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 Tifton 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 charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate.

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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 three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance 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 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 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price.

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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 Tifton, 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 manager. (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 manager. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.26. City manager; appointment; qualifications; compensation. The city council shall appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications. SECTION 2.27. Removal of city manager. (a) The city council may remove the city manager from office in accordance with the following procedures: (1) The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for

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removal and may suspend the city manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the city manager; (2) Within five days after a copy of the resolution is delivered to the city manager, that person 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 city manager has not requested a public hearing within the time specified in paragraph (2) of this subsection, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the city manager has requested a public hearing, the city council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The city manager shall continue to receive the city manager's salary until the effective date of a final resolution of removal. SECTION 2.28. Acting city manager. By letter filed with the city clerk, the city manager shall designate a qualified city administrative officer to exercise the powers and perform the duties of city manager during the city manager's temporary absence or disability which shall, in no case, be longer than 30 days. During such absence or disability, the city council may revoke such designation at any time and appoint another officer of the city to serve until the city manager shall return or the city manager's disability shall cease. SECTION 2.29. Powers and duties of the city manager. The city manager shall be the chief administrative officer of the city. The city manager shall be responsible to the city council for the administration of all city affairs placed in the city manager's charge by or under this charter. The city manager: (1) Shall appoint and, when the city manager deems it necessary for the good of the city, suspend or remove all city employees and administrative officers the city manager appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The city manager may authorize any administrative officer who is subject to the city manager's direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency;

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(2) Shall direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this charter or by law; (3) Shall attend all city council meetings and shall have the right to take part in discussion, but the city manager may not vote; (4) Shall see that all laws, provisions of this charter, and acts of the city council, subject to enforcement by the city manager or by officers subject to the city manager's direction and supervision, are faithfully executed; (5) Shall prepare and submit the annual operating budget and capital budget to the city council; (6) Shall submit to the city council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year; (7) Shall make such other reports as the city council may require concerning the operations of city departments, offices, and agencies subject to the city manager's direction and supervision; (8) Shall keep the city council fully advised as to the financial condition and future needs of the city, and make such recommendations to the city council concerning the affairs of the city as the city manager deems desirable; and (9) Shall perform other such duties as are specified in this charter or as may be required by the city council. SECTION 2.30. Council's interference with administration. Except for the purpose of inquiries and investigations under Section 2.15 of this charter, the city council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the city council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.31. Selection of vice mayor. By a majority vote of all its members, the city council shall elect a councilmember to serve as vice mayor who shall serve a term of two years. The vice mayor shall be elected at the first regular meeting in each even-numbered year. The vice mayor shall continue to vote and otherwise participate as a councilmember.

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SECTION 2.32. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to appoint all council committees; (4) Have power to administer oaths and to take affidavits; and (5) Sign as a matter of course on behalf of the city all written and approved ordinances and resolutions. SECTION 2.34. Vice mayor. During the absence or disability of the mayor for any cause, the vice mayor of the city council, or in such person'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. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by the budget resolution or ordinance establishing position classifications and pay plans.

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(d) There shall be a director or department head of each department or agency who shall be its principal officer. Each director or department head shall, subject to the direction and supervision of the city manager, be responsible for the administration and direction of the affairs and operations of that director's or department head's department or agency. (e) The city manager may appoint, suspend, or remove all nonelective officers and employees of the city except the city attorney and city auditor and may consolidate or combine offices, positions, departments, or units of the city. The city council shall deal with and communicate with the officers and employees of the city solely through the city manager, but nothing contained in this charter shall prevent the city council from conducting such inquiries into the operation of the city government and the conduct of the affairs of the city as it may deem necessary. (f) Neither the mayor nor any councilmember shall direct or request the appointment of any person to, or the removal from, office by the city manager or any of his or her subordinates or, in any manner, take part in the appointment of removal of officers and employees of the City of Tifton. Except for the purpose of inquiry, the mayor and councilmembers shall deal with the administrative personnel of the city solely through the city manager, and neither the mayor nor any councilmember shall give orders to any subordinates of the city manager either publicly or privately. (g) The city manager may perform such other duties as may be given him or her by the city council which are not inconsistent with the charter or ordinances of the city and shall have charge of all property of the city. All public utilities owned and operated by the city shall be under the control and management of the city manager. (h) The city manager shall sign all agreements, contracts, deeds, leases, and covenants in behalf of the city. (i) The city manager shall be solely responsible for collection of all taxes, business license fees, assessments, and moneys due the city. SECTION 3.11. Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law.

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(c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. The city council may also by ordinance provide for liability coverage for all members of any board, commission, or authority while such members are conducting official business of the city. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a majority vote of the members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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 and other officers and employees of the city concerning legal aspects of the city's affairs; shall administer the oath of office to each member of the city council, including the mayor; and shall draft or review every ordinance submitted to the city council and, as a matter of course, shall sign each such ordinance indicating such drafting or review; and shall perform such other duties as may be required of the city attorney by virtue of such person's position as city attorney.

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SECTION 3.13. City clerk. The city manager shall appoint a city clerk who shall: (1) Be responsible for keeping and preserving the city seal and all records of the city council. (2) Attend all meetings of the city council and keep minutes of the proceedings at such meetings. (3) Perform such other duties as may be required by the city council or the city manager. SECTION 3.14. City finance director. The city manager shall appoint a finance director to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The finance director shall also be responsible for the general duties of a treasurer and fiscal officer. SECTION 3.15. City auditor. The city council shall appoint a city auditor to perform the duties of an accountant. SECTION 3.16. Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, elected and appointed city officials are not city employees. The city manager, city attorney, and city auditor shall receive such compensation as provided by the authority which appoints them to their respective offices. SECTION 3.17. Personnel policies. The city manager shall be responsible for the preparation of personnel policies which shall be submitted to the city council for approval. Personnel policies shall be adopted consistent with this charter concerning:

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(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 Tifton. 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 deemed necessary or desirable by the city manager. (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 manager. (c) Compensation of the judges shall be fixed by budget resolution. (d) Before assuming office, each judge shall take an oath, given by the city attorney, 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 necessary and prudent.

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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 $1,000.00 or six months in jail, or by one or both or any part thereof, in the discretion of the judge of the municipal court. (c) The municipal court may fix punishment for any violation of an ordinance within its jurisdiction by fine not to exceed $1,000.00; by imprisonment not to exceed 12 months; by work on work gangs on the streets of the city or on such public works as the work gang may be employed upon, not to exceed six months; or by any one or more of these punishments in the discretion of the judge of the municipal court. (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.

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(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Tift 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 manager, and where appropriate the city council by ordinance, 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. 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 any two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created as provided for in the initial election held

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under this charter pursuant to Section 7.12. Persons elected to such offices shall take office and begin their terms of office on the first day of January immediately following their election. SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation. SECTION 5.13. Election by majority vote. The mayor and city council shall be elected by a majority vote of the votes cast for each position. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within 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 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. ALTERNATIVE 1 SECTION 5.16. Removal of officers. (a) The mayor, vice mayor, or any other councilmember shall forfeit his or her office if he or she: (1) Lacks at any time during his or her term of office any qualification of the office as prescribed by this charter or the laws of the State of Georgia.

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(2) Willfully and knowingly violates any expressed prohibitions of this charter. (3) Is convicted of a felony. (b) A vacancy in the office of mayor, vice mayor, or any other councilmember shall be filled for the remainder of the unexpired term, if any, as provided in Section 5.14. 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

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

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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 lines; 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. Reyenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government.

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SECTION 6.23. Budget resolution. The city council shall provide a resolution 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 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 statemetn of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be field in the office of the city clerk and shall be open to public inspection. SECTION 6.25. Adoption. (a) The city council may amend the operating budget proposed by the city manager, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than October 1 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 resolution 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

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no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this city. SECTION 6.27. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.28. Capital improvements. (a) On or before the date fixed by the city council, but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the city council a proposed capital improvements budget with the city manager's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.23 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than October 1 of each year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the city manager's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance.

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SECTION 6.29. Audits. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the city shall be binding on the city unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.19 of this charter. SECTION 6.31. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the 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 execute and deliver in the name of the city a deed conveying said cut-off or separated

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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. Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal, or amend each, so that a codification as provided by subsection (b) of Section 2.25 of this charter is accomplished. ALTERNATIVE ONE {IF ANNEXATION PASSES} SECTION 7.12. First election under this charter. If that Act introduced during the regular 1997 session of the General Assembly providing for the annexation of property into the corporate limits of the City of Tifton becomes law and is approved by the electors, the first municipal election shall be on Tuesday next following the first Monday in November, 1997, at which the position of mayor and five councilmembers' positions shall be filled. City council seats presently held by Jamie Cater, Spud Bowen, Joe Lewis, and Frank Doles shall be designated Districts 1, 2, 4, and 6, respectively, and the seat presently held by Paul Grisham shall be designated as mayor. All persons giving notice of candidacy for a city council seat shall be a resident of the district represented by that particular seat. Districts are designated under the official district map showing the geographical boundaries of each district.

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This map shall be maintained by the city clerk and shall be available for public inspection. Successful candidates shall likewise meet the other residency requirements for maintaining office as set forth in Section 2.11 of this charter. In order to establish continuity, some of the initial council terms shall be for two years but each councilmember elected thereafter shall serve a full term as provided in Section 2.11 of this charter. As a further measure of continuity, Joe Lewis, who was the incumbent most recently elected and who has been elected to a four-year term by voters comprising 100 percent of his constituency in District 4, shall continue to serve his current term under the designation of District 4 until the 1999 election cycle. The initial terms of office and the year in which each council seat shall be up for election, until all such seats are established on a quadrennial cycle, is attached hereto as Appendix E. ALTERNATIVE TWO {IF ANNEXATION FAILS} SECTION 7.12. First election under this charter. If that Act introduced during the regular 1997 session of the General Assembly providing for the annexation of property into the corporate limits of the City of Tifton becomes law and is approved by the electors, the first municipal election shall be on Tuesday next following the first Monday in November, 1997, at which the position of mayor and five councilmembers' positions shall be filled. City council seats presently held by Jamie Cater, Spud Bowen, Frank Doles, and Joe Lewis shall be designated Districts 1, 2, 3, and 4, respectively, and the seat presently held by Paul Grisham shall be designated as mayor. All persons giving notice of candidacy for a city council seat shall be a resident of the district represented by that particular seat. Districts are designated under the official district map showing the geographical boundaries of each district. This map shall be maintained by the city clerk and shall be available for public inspection. Successful candidates shall likewise meet the other residency requirements for maintaining office as set forth in Section 2.11 of this charter. In order to establish continuity, some of the initial council terms shall be for two years but each councilmember elected thereafter shall serve a full term as provided in Section 2.11 of this charter. As a further measure of continuity, Joe Lewis, who was the incumbent most recently elected and who has been elected to a four-year term by voters comprising 100 percent of his constituency in District 4, shall continue to serve his current term under the designation of District 4 until the 1999 election cycle. The initial terms of office and the year in which each council seat shall be up for election, until all such seats are established on a quadrennial cycle, is attached hereto as Appendix F.

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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 time the existing city council shall pass a transition ordinance detailing the changes in personnel and appointed officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.14. 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 7.15. Specific repealer. An Act entitled An Act to provide a new charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), and all amendatory Acts thereto, are repealed. SECTION 7.16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed.

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APPENDIX A {IF ANNEXATION PASSES} All that land lying and being in the Sixth Land District of Tift County, Georgia and being more particularly described as follows: For a beginning reference point, commence at the intersection of the East Right of way Line of Interstate Highway 75 with the North right of way line of Brighton Road and from said beginning point, thence run south 82 53' 12 East 500.00 feet; thence run south 07 06' 48 west 50.00 feet; thence run south 82 53' 12 east 300.12 feet; thence run south 07 06' 48 west 10.00 feet; thence run south 82 53' 12 east 213.50 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 422.68 feet (said arc being subtended by a chord having a bearing of south 83 23' 45 east; a distance of 422.67 feet; and a radius of 23779.84 feet); thence run south 83 54' 18 east 1796.00 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 680.36 feet; (said arc being subtended by a chord having a bearing of north 89 11' 42 east; a distance of 678.71 feet; and a radius of 2824.79 feet); thence run north 82 17' 42 east 163.43 feet to a point on the west right of way line of State Route 125; thence run north 80 51' 49 east 151.69 feet to a point on the east right of way line of State Route 125; thence run north 80 17' 25 east 751.73 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 664.11 feet (said arc being subtended by a chord having a bearing of north 83 35' 16 east; a distance of 663.74 feet; and a radius of 5769.58 feet); thence run north 87 08' 01 east 875.79 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 122.94 feet (said arc being subtended by a chord having a bearing of north 86 59' 15 east; a distance of 122.94 feet; and a radius of 34417.50 feet); thence run north 87 05' 23 east 1323.20 feet; thence run north 02 54' 37 west 10.00 feet; thence run north 87 05' 23 east 188.20 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 651.69 feet (said arc being subtended by a chord having a bearing of south 88 05' 08 east; a distance of 650.92 feet; and a radius of 3869.72 feet); thence run south 83 15' 40 east 1755.17 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 650.59 feet (said arc being subtended by a chord having a bearing of south 81 38' 30 east; a distance of 650.51 feet; and a radius of 11509.16 feet); thence run south 80 01' 20 east 1947.12 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 273.55 feet (said arc being subtended by a chord having a bearing of south 81 24' 08 east; a distance of 273.53 feet; and a radius of 5678.99 feet); thence run south 00 31' 53 west 7353.08 feet to a point on the south right of way line of Old Ocilla Road; thence run south 01 00' 48 west 9785.13 feet to a point on the southeastern right of way line of U.S. Highway 319; thence run south 32 32' 12 east 2244.34 feet; thence run along the arc of a curve an arc distance of 2219.46 feet (said arc being subtended by a chord having a bearing of south 05 10' 17 east; a distance of 2136.03 feet; and a radius of 2323.48 feet); thence run along the arc of a curve an arc distance of 1563.02 feet (said arc being subtended by a chord having a

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bearing of south 34 01 38 west; a distance of 1520.03 feet; and a radius of 1915.75 feet); thence run south 40 13 26 west 482.13 feet to a point on the south right of way line of U.S. Highway 82; thence run along the south right of way line of U.S. Highway 82 north 72 40 12 west 1941.20 feet; thence run south 39 27 13 west 37.65 feet; thence run along the east right of way line of Tri County Road South 28 21 56 east 718.52 feet; thence run along the arc of a curve in the east right of way line of Tri County Road an arc distance of 622.01 feet (said arc being subtended by a chord having a bearing of south 13 20 23 east; a distance of 614.91 feet; and a radius of 1185.92 feet); thence run along the east right of way line of Tri County Road South 01 41 10 west 1322.14 feet; thence run south 31 01 23 east 84.14 feet; thence run south 63 43 57 east 249.91 feet; thence run along the arc of a curve in the east right of way line of Tifton-Eldorado Road an arc distance of 1328.82 feet (said arc being subtended by a chord having a bearing of south 31 37 57 east; a distance of 1260.39 feet; and a radius of 1185.92 feet); thence run south 00 28 03 west 8934.78 feet to a point on the north right of way line of State Route 125; thence run south 08 06 43 east 191.69 feet to a point on the south right of way line of State Route 125; thence run south 01 19 55 west 1267.49 feet; thence run along the arc of a curve in the east right of way line of the Tifton-Eldorada Road an arc distance of 440.39 feet (said arc being substended by a chord having a bearing of south 01 36 49 west; a distance of 440.39 feet; and a radius of 44777.57 feet); thence run south 01 53 44 west 331.43 feet to a point on the south right of way line of Oak Ridge Road; thence run along the south right of way line of Oak Ridge Road north 82 50 18 west 1775.56 feet; thence run along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 490.45 feet (said arc being subtended by a chord having a bearing of north 82 30 43 west; a distance of 490.45 feet; and a radius of 43042.38 feet); thence run north 82 11 08 west 1818.66 feet; thence run along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 732.13 feet (said arc being subtended by a chord having a bearing of north 89 36 38 west; a distance of 730.09 feet; and a radius of 2824.79 feet); thence run south 82 57 52 west 1229.40 feet; thence run along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 559.44 feet (said arc being subtended by a chord having a bearing of south 82 34 11 west; a distance of 559.44 feet; and a radius of 40580.91 feet); run thence south 82 10 29 west 112.07 feet to a point on the east right of way line of U.S. Highway 41; run thence south 80 59 25 west 193.32 feet to a point on the west right of way line of U.S. Highway 41; run thence south 78 32 33 west 840.21 feet; run thence south 11 27 27 east 10.00 feet; run thence south 78 32 33 west 322.30 feet; run thence south 11 27 27 east 20.00 feet; run thence along the arc of a curve in the south right of way line of Oak Ridge Road an arc distance of 201.22 feet (said arc being subtended by a chord having a bearing of south 79 02 33 west; a distance of 201.21 feet; and a radius of 11528.87 feet to a point on the east right of way line of Interstate Highway 75; run thence south 79 32 33 west 425.14 feet to a point on the

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west right of way line of Interstate Highway 75; run thence north 12 46 28 west 2574.95 feet along the west right of way line of Interstate Highway 75; run thence along the arc of a curve in the west right of way line of Interstate Highway 75 an arc distance of 651.47 feet (said arc being subtended by a chord having a bearing of north 14 24 27 west; a distance of 651.38 feet; and a radius of 11427.40 feet); run thence north 16 02 27 west 683.03 feet; run thence north 22 28 52 west 146.22 feet; run thence along the arc of a curve in the west right of way line of Interstate Highway 75 an arc distance of 184.05 feet (said arc being subtended by a chord having a bearing of north 20 22 50 west; a distance of 181,31 feet; and a radius of 307.26 feet); run thence north 37 32 27 west 47.33 feet; run thence along the arc of a curve in the west right of way line of Interstate Highway 75 an arc distance of 230.01 feet (said arc being subtended by a chord having a bearing of north 26 47 27 west; a distance of 228.66 feet; and a radius of 612.96 feet); run thence north 16 02 27 west 237.13 feet; run thence north 16 02 27 west 237.13 feet; run thence north 84 15 27 west 32.31 feet; run thence north 16 02 27 west 91.61 feet; run thence along the arc of a curve an arc distance of 197.12 feet (said arc being subtended by a chord having a bearing of north 55 09 20 west; a distance of 193.76 feet; and a radius of 307.79 feet); run thence along the arc of a curve an arc distance of 236.89 feet (said arc being subtended by a chord having a bearing of south 79 37 09 west; a distance of 231.00 feet; and a radius of 305.44 feet); run thence north 87 51 25 west 695.07 feet; run thence north 81 07 07 west 409.75 feet; run thence along the arc of a curve an arc distance of 548.00 feet (said arc being subtended by a chord having a bearing of south 81 33 08 west; a distance of 539.68 feet; and a radius of 905.92 feet); run thence south 64 13 22 west 481.53 feet; run thence along the arc of a curve an arc distance of 1043.25 feet (said arc being subtended by a chord having a bearing of south 85 47 15 west; a distance of 1018.79 feet; and a radius of 1385.92 feet); run thence north 72 38 52 west 315.07 feet to a point on the west right of way line of Old Union Road; run thence north 00 56 37 east 194.99 feet along the west right of way line of Old Union Road; run thence south 85 27 53 west 2362.57 feet; run thence south 85 33 12 west 466.98 feet to a point in the run of a creek; thence run north 70 29 34 west 1776.61 feet; thence run south 88 52 16 west 991.54 feet to a point on the east right of way line of U.S. Highway 319; thence run south 31 57 37 west 296.72 feet to a point on the west right of way line of U.S. Highway 319; thence run north 80 38 56 west 2822.43 feet; thence run along the arc of a curve an arc distance of 1998.92 feet (said arc being subtended by a chord having a bearing of north 39 50 21 west; a distance of 1832.36 feet; and a radius of 1395.52 feet); thence run north 01 11 44 east 392.58 feet; thence run north 81 57 42 west 50.36 feet; thence run south 53 14 28 west 126.82 feet; thence run south 80 26 17 west 203.58 feet; thence run north 89 29 30 west 500.04 feet; thence run north 52 03 25 west 187.20 feet; thence run north 63 47 15 west 441.41 feet; thence run north 01 11 45 east 1266.54 feet; thence run north 65 00 36 east 668.62 feet; thence run north 01 06 36 east 16298.38 feet to a point on the north right of way line

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of Whiddon Mill Road; thence run north 07 50' 25 east 8506.06 feet to a point on the north right of way line of Zion Hope Church Road; thence run south 81 27' 36 east and along the north right of way line of Zion Hope Church Road 1693.43 feet; thence run along the arc of a curve in the north right of way line of Zion Hope Church Road an arc distance of 220.20 feet; said arc being subtended by a chord having a bearing of south 81 18' 57 east; a distance of 220.20 feet; and a radius of 43777.50 feet); thence run south 81 10' 19 east 1637.30 feet; thence run along the arc of a curve in the north right of way line of Zion Hope Church Road an arc distance of 938.63 feet (said arc being subtended by a chord having a bearing of south 84 42' 37 east; a distance of 938.04 feet; and a radius of 7599.44 feet); thence run south 88 14' 55 east 1208.56 feet; thence run along the arc of a curve in the north right of way line of Zion Hope Church Road an arc distance of 635.45 feet (said arc being subtended by a chord having a bearing of north 86 56' 06 east; a distance of 634.71 feet; and a radius of 3779.72 feet); thence run north 82 07' 07 east 1970.43 feet to a point on the west right of way line of U.S. Highway 41; thence run along the west right of way line of U.S. Highway 41 north 01 11' 14 west 1712.17 feet; thence run along the arc of a curve in the west right of way line of U.S. Highway 41 an arc distance of 362.11 feet (said arc being subtended by a chord having a bearing of north 03 56' 21 west; a distance of 361.97 feet; and a radius of 3769.72 feet); thence run along the west right of way line of U.S. Highway 41 north 17 10' 56 west 2886.91 feet; thence run north 83 04' 10 east 748.73 feet; thence run along the arc of a curve in the north right of way line of Brighton Road an arc distance of 480.39 feet (said arc being subtended by a chord having a bearing of south 89 54' 31 east; a distance of 479.18 feet; and a radius of 1959.86 feet); thence run south 82 53' 12 east 484.55 feet to a point on the west right of way line of Interstate Highway 75; thence run south 86 27' 48 east 801.45 feet to a point on the east right of way line of Interstate Highway 75 and the point and place of beginning of the description herein delineated. Said parcel of land is more fully shown and depicted upon that plat of survey entitled survey for the City of Tifton prepared by Hampton Associates Surveying Company dated February 16, 1996; said that describing 18,220.935 acres; and, said plant and the description theron being incorporated herein by reference thereto. APPENDIX B {IF ANNEXATION FAILS} All that land lying and being in the Sixth Land District of Tift County, Georgia, and being described as all that property located within the current outer boundaries of the City of Tifton which 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 current outer boundaries of the City of Tifton, at all times, shall be shown on a map to be retained permanently in the office of the City Clerk and to be designed: City of Tifton. Alterations in these outer boundaries shall be indicated by appropriate entires upon or additions to such map. Such

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entries or additions shall be made by and under the direction of the City Manager. Photographic, typed or other copies of such map 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. APPENDIX C {IF ANNEXATION PASSES} Operator: local Client: tifton Plan: tiftwk5r District No. 1 TIFT Tract: 9901. Block: 170, 171 Tract: 9903. Block: 101, 102, 103B, 103C, 103D, 157A, 157B, 158, 159, 160, 166, 167, 301, 302, 303 Tract: 9904. Block Group: 1 Block Group: 2 Block Group: 3 Block: 401A, 401B, 401C, 402, 403, 409, 410, 411, 415, 416, 417B, 601, 602 District No. 2 TIFT Tract: 9903. Block: 416 Block Group: 5 Block: 609, 610, 611, 622, 623 Tract: 9906. Block: 406, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435 Tract: 9907. Block: 103B, 104, 105, 106, 107, 108B, 426, 427, 428, 429, 430, 432, 433, 434, 435A, 435B, 436, 437, 438, 439, 440A, 440B, 441, 442, 443, 448A, 448B, 449A, 449B, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 470, 471, 472, 474, 475, 476, 477, 478, 499C Tract: 9909. Block: 103, 105, 106, 108, 109, 110, 111, 112, 114, 115, 116, 199, 199 District No. 3 TIFT Tract: 9901. Block: 169, 280, 281

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Tract: 9903. Block: 103A, 104A, 104B, 105A, 105B, 106A, 106B, 107, 108, 120A, 120B, 121A, 121B, 121C, 122A, 122B, 123, 124, 125A, 125B, 126, 127, 128, 129, 130, 131A, 131B, 132A, 132B, 133A, 133B, 134A, 134B, 135A, 135B, 136A, 136B, 137A, 137B, 138A, 138B, 139, 140, 141A, 141B, 142A, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155A, 155B, 156, 161, 162, 163, 164, 165, 199A, 199B, 199D Block Group: 2 Block: 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 414, 415, 420, 421, 422, 423, 424, 425 Tract: 9907. Block: 411, 412, 413, 414, 415, 416A, 416B, 417, 418, 419, 420, 421, 422, 423, 424A, 424B, 425A, 425B, 425C, 467, 499A, 499B, 499D, 499G, 499H District No. 4 TIFT Tract: 9903. Block: 411, 412, 413, 417, 418, 419, 426, 427, 428, 429, 601, 602, 603, 604, 605, 606, 607, 608, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633, 634, 635 Tract: 9904. Block: 404, 405, 406, 407, 408A, 408B, 412, 413A, 413B, 414A, 414B, 417A Block Group: 5 Block: 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628 Tract: 9906. Block: 101A, 101B, 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 131A, 131B, 132, 133, 134, 137, 138A, 138B, 139A, 139B, 172, 173 Tract: 9907. Block: 101, 102, 110, 111, 112, 113, 114, 115 District No. 5 TIFT Tract: 9906. Block: 135, 136, 142, 143, 144, 145, 146, 147, 148, 149, 151, 152, 153, 154, 155, 156A, 156B, 157, 158, 159, 160, 161, 162,

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163, 164A, 164B, 165A, 165B, 166A, 166B, 167A, 167B, 230A, 230B, 303, 401A, 401B Tract: 9907. Block: 103A, 108A, 109, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 127, 128, 129, 130, 131, 132 Block Group: 2 Block Group: 3 Block: 431, 444, 445, 446, 447 District No. 6 TIFT Tract: 9906. Block: 140A, 140B, 141, 150, 168, 169, 170, 171A, 171B, 201A, 201B, 201C, 202A, 202B, 203, 204, 205, 206, 207, 208, 209A, 209B, 210, 211, 212, 213, 214, 215, 216, 217, 218A, 218B, 219, 220A, 220B, 221A, 221B, 222, 223, 224, 225A, 225B, 225C, 225D, 226, 227, 228, 229, 231, 232A, 232B, 233, 234, 235, 236, 299, 301, 302, 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, 402, 403, 404, 405, 407, 408, 409, 410, 411 Tract: 9909. Block: 101, 102, 104, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 299R, 299T APPENDIX D {IF ANNEXATION FAILS} Operator: local Client: tifton Plan: tiftwk7 District No. 1 TIFT Tract: 9903. Block: 103B, 157A, 158, 160, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 321 Tract: 9904. Block: 105A, 105B, 105C, 110A, 111A, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121A, 123, 124, 125, 126, 127, 128, 201A, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 299A, 301A, 302, 303, 304, 305, 306, 307, 308, 309, 310, 314, 315, 316, 317, 318, 319, 401A, 401B, 404, 405, 406, 407, 408A, 412, 413A, 414A, 501, 502, 503, 504, 505, 506, 507, 513, 514, 515, 516, 517, 518, 519, 533A

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District No. 2 TIFT Tract: 9903. Block: 103A, 103C, 104A, 105A, 106A, 120A, 121A, 121B, 122A, 123, 124, 125A, 126, 127, 128, 129, 130, 131A, 132A, 133A, 134A, 135A, 136A, 137A, 138A, 141A, 142A, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155A, 159, 161, 162, 163, 164, 165, 166, 167, 199A Block Group: 2 Block: 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 429 Block Group: 5 Block: 607, 608, 609, 610, 611, 622, 623 Tract: 9907. Block: 416A, 424A District No. 3 TIFT Tract: 9906. Block: 130A, 131A, 132, 133, 134, 135, 136, 137, 138A, 139A, 140A, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156A, 157, 158, 159, 160, 161, 162, 163, 164A, 165A, 166A, 167A, 171A, 218A, 219, 220A, 221A, 225A, 229, 230A, 232A, 401A Tract: 9907. Block: 103A, 103B, 104, 105, 106, 107, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 127, 128, 129, 130, 131, 132 Block Group: 2 Block: 425A, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435A, 440A, 441, 442, 443, 444, 445, 446, 447, 448A, 449A, 499A, 499B District No. 4 TIFT Tract: 9903. Block: 319, 320, 322, 423, 424, 425, 426, 427, 428, 601, 602, 603, 604, 605, 606, 612, 613, 614, 615, 616, 617, 618, 619, 620, 621, 624, 625, 626, 627, 628, 629, 630, 631, Block: 632, 633, 634, 635 Tract: 9904. Block: 311, 312, 313, 320, 321, 322, 323, 324, 325, 417A, 508, 509, 510, 511, 512, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 534, 535, 536, 537, 538 Block Group: 6 Tract: 9906.

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Block: 101A, 102A, 103A, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 118, 119, 120A, 121, 201A, 201B, 202A, 203, 204, 205, 209A, 210, 220B, 221B, 232B Tract: 9907. Block: 101, 102 APPENDIX E {IF ANNEXATION PASSES} STAGGERED ELECTIONS UNDER NEW CHARTER INCLUDING ANNEXED AREA Post Term 1997 Elections: Mayor 2 years District #1 4 years District #2 2 years District #3 4 years District #5 2 years District #6 4 years 1999 Elections: Mayor 4 years District #2 4 years District #4 4 years District #5 4 years 2001 Elections: District #1 4 years District #3 4 years District #6 4 years 2003 Elections: Mayor 4 years District #2 4 years District #4 4 years District #5 4 years APPENDIX F {IF ANNEXATION FAILS} STAGGERED ELECTIONS UNDER PROPOSED NEW CHARTER FOR CURRENT CITY LIMITS Post Term 1997 Elections: Mayor 2 years District #1 4 years District #2 2 years District #3 2 years

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1999 Elections: Mayor 4 years District #2 4 years District #4 4 years 2001 Elections: District #1 4 years District #3 4 years 2003 Elections: Mayor 4 years District #2 4 years District #4 4 years CITY OF TIFTON, GEORGIA RESOLUTION NO. 97-13 (APPROVAL OF RECOMMENDATION TO LEGISLATIVE DELEGATION FOR PROPOSED ANNEXATION AND FOR NEW CITY CHARTER) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TIFTON, GEORGIA RELATIVE TO THE APPROVAL OF A RECOMMENDATION TO THE LOCAL LEGISLATIVE DELEGATION TO PROPOSE LOCAL LEGISLATION DEALING WITH ANNEXATION AND A NEW CITY CHARTER. WHEREAS, after long consideration and study, the City Commission deems it to be necessary and prudent to enact a new City Charter; and WHEREAS, after long consideration and study, the City Commission deems it to be necessary and prudent to present for voter approval in a referendum ballot the issue of annexing certain contiguous areas of unincorporated Tift County, Georgia into the city of Tifton; and WHEREAS, for either of these two events to occur (new charter and/or annexation), it is necessary to introduce local legislation in the General Aseembly of Georgia and for both houses of the General Assembly to pass such legislation. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TIFTON, GEORGIA, in regular meeting, that; 1. The City Commission of the City of Tifton does approve the new City Charter presented to it by the City Attorney and does request that this Charter, with the assistance of the Office of Legislative Counsel of the Georgia General Assembly, be introduced into both houses of the Georgia General Assembly and that such Charter become effective as soon as legally possible. 2. The City Commission of the City of Tifton does approve for submission to the voters the referendum issue of annexation as presented to it by the City Manager and his staff and as outlined according to the outer

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boundaries of the survey prepared by Hampton Associates Surveying Company, Inc. dated February 16, 1996 entitled Survey for City of Tifton and attached hereto. This referendum issue of annexation must first be submitted to the Georgia General Assembly by local legislation so as to authorize the conducting of said referendum and the City Commission of the City of Tifton does hereby expressly request that this matter, with the assistance of the Office of Legislative Counsel of the Georgia General Assembly, be introduced into both houses of the Georgia General Assembly. RESOLVED in meeting assembled in Tifton, Georgia this 13th day of January, 1997 /s/PAUL E. GRISHAM, CHAIRMAN CITY COMMISSION CITY OF TIFTON /s/James G. Cater, Vice-Chairman City Commission City of Tifton /s/James C. Bowen, Jr., Commissioner City of Tifton ATTEST: ELOISE H. SCARBOROUGH, CMC CITY CLERK CITY OF TIFTON APPROVED AS TO FORM: GREGORY C. SOWELL CITY ATTORNEY /s/Frank Doles, Commissioner City of Tifton /s/W. Joe Lewis, Commissioner City of Tifton NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a new Charter for the City of Tifton; to provide for the form of government and the powers thereof; to provide for a Municipal Court; to provide for all matters relative thereto; to repeal an act entitled An Act to Provide a New Charter for the City of Tifton, approved March 30, 1977 (Ga. L. 1977, p. 4353), as amended; and for other purposes. This 25th day of February, 1997. City Of Tifton, Georgia
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By: (S) Gregory C. Sowell City Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Austin Scott, who on oath deposes and says that he is the Representative from the 165th District, and further deposes and says as follows: (1) That the attached 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: March 1, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ J. AUSTIN SCOTT Representative, 165th District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 4, 1997.

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MCINTOSH COUNTY BOARD OF COMMISSIONERS; BOARD OF EDUCATION; DISTRICTS; TERMS; QUALIFICATIONS; ELECTIONS. No. 218 (House Bill No. 643). AN ACT To amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved February 26, 1947 (Ga. L. 1947, p. 181), and by a court order dated March 31, 1978, in McIntosh County Branch of the NAACP v. McIntosh County, Civil Action File No. 277-70 (USDC, SD Ga.), and to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, so as to provide for new commissioner districts; to provide for new education districts; to provide for terms, qualifications, and elections of board members; to comply with a court order; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved February 26, 1947 (Ga. L. 1947, p. 181), and by a court order dated March 31, 1978, in McIntosh County Branch of the NAACP v. McIntosh County, Civil Action File No. 277-70 (USDC, SD Ga.), is amended by striking Sections 1 through 3 and inserting in lieu thereof new sections to read as follows: SECTION 1. For the purposes of electing members of the board of commissioners, there shall be five commissioner districts in McIntosh County. One district shall be composed of the entire county, and McIntosh County is divided into four other commissioner districts as set forth in the description attached to this Act and made a part hereof and further identified as `Operator: local Client: mcintosh Plan: mcplan3r.' SECTION 2. The terms of the current members shall expire on January 1, 1999, and when their successors are elected and qualified. All members shall be elected at the general election preceding the year in which their term expires and they shall assume office on the first day of January immediately following their respective elections. Each member shall serve for a term of two years and until their successors are elected and qualified. Each commissioner must be a resident of the county for at least 12 months before the election and must reside in the district for which he or she qualifies. Only voters residing in the district for which a

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candidate is offering may vote for such candidate with the exception of the candidate for the county-wide commissioner seat. SECTION 3. The commissioners nominated at the next primary or primaries and elected at the next general election shall take office on January 1, 1999. SECTION 2. An Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. The board of education of McIntosh County shall be composed of five members to be elected as provided in this section. McIntosh County is divided into five education districts as follows: Education district 1 shall be composed of all of the territory in McIntosh County. Education districts 2. 3, 4, and 5 shall each be composed of one of the four commissioner districts in McIntosh County, as such commissioner districts exist on the effective date of this Act. The probate judge of McIntosh County shall designate, within 30 days of the effective date of this Act, an education district number for each such commissioner district. For the purpose of electing members of the board of education of McIntosh County, the five positions on the board are designated as education posts 1 through 5, respectively. Education post positions on the board shall correspond to the same numerical designations as the education districts. The chairman of the board of education shall be elected from post 1. SECTION 3. Said Act is further amended by striking subsection (a) of Section 3 and inserting in lieu thereof a new subsection to read as follows: (a) The current members shall remain in office. The terms for the members representing education districts 2 and 4 shall expire on January 1, 1999, and every four years thereafter. The terms for the members representing education districts 1, 3, and 5 shall expire on January 1, 2001, and every four years thereafter. All members shall be elected at the general election preceding the year in which their term expires and they shall assume office on the first day of January immediately following their respective elections. Each member shall serve for a term of four years and until their successors are elected and qualified.

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SECTION 4. The districting plan referred to in and attached to this Act which creates the new commissioner and education districts is adopted pursuant to a consent order in Williams v. Board of Commissioners of McIntosh County, Civi Action File No. CV295-90 (USDC, SD Ga.) (May 24, 1996). SECTION 5. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shal 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. Operator: local Client: mcintosh Plan: mcplan3 District No. 1 MCINTOSH Tract: 9901. Block: 181, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196 Tract: 9903. Block: 108, 109, 110, 111, 112, 113, 114, 119, 129, 130A, [Illegible Text] 131, 132A, 132B, 133A, 133B, 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, 184A, 184B, 184C, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 213A, 217A, 218A, 219A, 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, 314A, 318A, 319, 320A, 320B, 321A, 322, 323A, 323B, 324, 325A, 325B, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354A, 354B, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 378 District No. 2 MCINTOSH Tract: 9901. Block: 123, 124, 125, 126, 156, 157, 158, 159, 162, 163, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 182, 183, 184, 185, 197, 262 Tract: 9902.

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Block: 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362 Tract: 9903. Block: 101, 102, 103, 104, 105, 106, 107, 115, 116, 117, 118, 120, 121, 122, 123, 124, 125, 126, 127, 128, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213B, 214, 215, 216, 217B, 218B, 219B, 220, 221, 301, 302, 303, 305A, 307, 308, 309, 310, 311, 312, 313, 314B, 315, 316, 317, 318B, 321B, 367, 368, 373, 376, 377, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 391, 397 District No. 3 MCINTOSH Tract: 9902. 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, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 301, 302, 303 Block Group: 4 Tract: 9903. Block: 304, 305B, 306, 369, 370, 371, 372, 374, 375, 390, 392, 393, 394, 395, 396 District No. 4 MCINTOSH 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, 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, 160, 161, 164, 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 Block Group: 3 Tract: 9902. Block: 229, 230, 231

Page 4023

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to recreate the board of county commissioners of McIntosh County; to create new board of education and county commissioners districts in compliance with a court order; and for other purposes. This 27th day of January, 1997. /s/ Representative E. C. Tillman Representative E. C. Tillman 173rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene C. Tillman, who on oath deposes and says that he is the Representative from the 173rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Darien News, which is the official organ of McIntosh County, on the following date: February 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ Eugene C. TILLMAN Representative, 173rd District Sworn to and subscribed before me, this 17th day of February, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. AUGUSTA, GEORGIA CONSOLIDATED GOVERNMENT OF RICHMOND COUNTY AND CITY OF AUGUSTA; NAME. No. 220 (House Bill No. 662). AN ACT To amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, so as to designate the name of the consolidated government as Augusta, Georgia; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, is amended by adding at the end of Section 1 the following: Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the state to be known as `Augusta, Georgia,' at times in this Act called the `consolidated government' or `Augusta-Richmond County,' having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Augusta and Richmond County, and also the powers, duties, and functions provided in this charter. SECTION 2. This Act shall become effective on July 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 hereby given that there will be introduced at the Regular 1997 Session of the General Assembly of Georgia a bill to amend an Act which provides that the governing authority of Richmond County shall be a board of commissioners consisting of a Chairperson-mayor and ten

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members, approved March 27, 1995 (Ga. L. 1995, p. 3648); and for other purposes. This 11th day of February, 1997. HENRY HOWARD Representative, District 118 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry Howard, who on oath deposes and says that he is the Representative from the 118th District, and further deposes and says as follows: (1) That the attached 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: February 14, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HENRY HOWARD Representative, 118th District Sworn to and subscribed before me, this 17th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997.

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WEBSTER COUNTY BOARD OF ELECTIONS AND REGISTRATION; CREATION. No. 221 (House Bill No. 676). AN ACT To create a board of elections and registration in Webster 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 superintendent of elections; to provide for an 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 and for applicability; 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 Webster 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 Webster County, Georgia. (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 Webster County Board of Elections and Registration created by subsection (a) of this section; the term county means Webster County; and the term superior court means the Superior Court of Webster County. SECTION 2. (a) The Webster County Board of Elections and Registration shall be composed of four members, each of whom shall be an elector and a resident of Webster County, and who shall be appointed by majority vote of the Board of Commissioners of Webster County. In making the initial appointments to the board, the members shall be selected at least 30 days

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prior to January 1, 1998. Two initial members shall be appointed for terms of two years and two initial members shall be appointed for terms of four years and until their successors are duly appointed and qualified. All successors shall be appointed for terms of four years and until their successors are duly appointed and qualified. The term of each initial member shall commence on January 1, 1998. (b) The board of elections and registration shall select one of their members as superintendent of elections and that person shall be the administrator and chief executive officer of the board. 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 Webster 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 governing authority of Webster County 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 superintendent of elections 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 Webster County for the holding by the board of any primary or election to be conducted within such municipality. SECTION 9. (a) The superintendent of elections shall receive $100.00 per month as compensation for carrying out the duties prescribed by this Act and the other members of the board of elections and registration shall receive $50.00 per month as compensation for carrying out their duties as members of said board; said compensation to be paid from county funds. The compensation of the chief deputy registrar shall be $200.00 per month to be paid from county funds. (b) The compensation of clerical assistants and other employees of the board of elections and registration shall be fixed by the board subject to the approval of the Board of Commissioners of Webster County. SECTION 10. (a) The Webster County Board of Elections and Registration shall be empowered with all powers and duties relating to the conduct of elections

Page 4029

as election superintendent pursuant to provisions of Title 21 of the O.C.G.A. (b) The Webster 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 effecturate 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 superintendent of elections 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 12. The Board of Commissioners of Webster 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 Webster County shall deem appropriate. SECTION 13. Except for the appointment of initial members of the Webster County Board of Elections and Registration as provided in Section 2 of this Act, this Act shall become effective on January 1, 1998. On January 1, 1998, the judge of the probate court of Webster County shall be relieved of all powers and duties relative to elections to which the Webster County Board of Elections and Registration succeeds by the provisions of this Act and shall deliver to the board of elections and registration all equipment, supplies, materials, books, papers, and records pertaining to such powers and duties. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. COMMISSIONER'S OFFICE WEBSTER COUNTY PRESTON, GEORGIA Be it resolved that the Webster County Commission does hereby call for the creation of a Board of Elections and Registrars and we hereby respectfully

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request the Honorable Representative Bob Hanner to introduce local legislation to this effect. We the undersigned do hereby approve said resolution. Approved this 6th day of January, 1997. s/ Dave S. Wills, Jr, Chairman s/ George W. Crawford, Commissioner s/ Jack Holbrook, Commissioner s/ David A. Scott, Commissioner Attest: s/ Kaye Goare County Clerk Notice is given that there will be introduced at the regular 1997 session of the General Assembly a bill to provide for the creation of a Webster County Board of Election and Registrars. Webster County Commission Dave Wills, Chairman GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from the 159th District, and further deposes and says as follows: (1) That the attached 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 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 19th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. CHATHAM COUNTY AND CITY OF SAVANNAH BOARD OF EDUCATION; COMPENSATION. No. 224 (House Bill No. 774). AN ACT To amend an Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the provisions relating to the compensation of the members and chairperson of said board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act relating to the Board of Public Education for the City of Savannah and the County of Chatham, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, is amended by striking Section 4 in its entirety and substituting in lieu thereof a new Section 4 to read as follows: SECTION 4. The members of the board shall each receive $8,000.00 per annum and the chairperson of the board shall receive $12,000.00 per annum as full compensation for their duties. Such compensation shall be paid to each member and to the chairperson in equal monthly installments from the funds of the board. SECTION 2. This Act shall become effective on January 1, 1998.

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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 1997 session of the General Assembly of Georgia a bill to amend an Act relating to the school system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended; and for other purposes. This 13th day of February, 1997. Sonny Dixon Representative 150th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sonny Dixon, who on oath deposes and says that he is the Representative from the 150th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ SONNY DIXON Representative, 150th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. FRANKLIN COUNTY PUBLIC BUILDING AUTHORITY CREATION. No. 229 (House Bill No. 904). AN ACT To create the Franklin County Public Building Authority and to provide for the appointment of members of the Authority; to confer powers upon the Authority; 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 from 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 severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the Franklin County Public Building Authority Act. SECTION 2. Franklin County Public Building Authority. (a) There is hereby created a public body corporate and politic to be known as the Franklin County Public Building Authority, which shall be

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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 Franklin County Board of Commissioners. With respect to the initial appointment by the Franklin County Board of Commissioners, 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 and a resident of Franklin 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 member of the Authority may be selected and appointed to succeed himself or herself. Neither the chairperson nor any member of Franklin County Board of Commissioners shall be a member of the Authority. (c) The Franklin County Board of Commissioners may provide by resolution for compensation for the services of the members of the Authority in such amounts as it 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 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 are not members of the Authority, such officers shall have no voting rights. Each of such officers shall serve for a period of one year and until their successors are duly 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: (a) Authority means the Franklin County Public Building Authority created by this Act. (b) Costs of the project means and embraces the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired;

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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' expenses, 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. (c) Project means: (1) All buildings and facilities necessary or convenient for the efficient operation of: (A) Franklin County, Georgia, or any department, agency, division, or commission thereof; (B) The Franklin County School District; or (C) Any other political subdivision or municipality of the State of Georgia located within Franklin County, Georgia; and (2) Any undertaking permitted by the Revenue Bond Law. (d) Revenue Bond Law means the Revenue Bond Law of the State of Georgia, codified at O.C.G.A. Section 36-82-62 et seq., as amended, or any other similar law hereinafter enacted. (e) Revenue bonds means revenue bonds authorized to be issued pursuant to this Act. (f) Self-liquidating means any project 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. (g) 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;

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(3) To acquire in its own name by purchase on such terms and conditions and in such manner as it may deem proper or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of the same or dispose of the same in any manner it deems to the best advantage of the Authority. The Authority shall be under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act. In any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned. 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, Franklin County, Georgia, Franklin County School District, and any other political subdivision or municipality of the State of Georgia located in Franklin County, Georgia, 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 to enter into 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;

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(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 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, 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 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. 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.

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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 in the same manner 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 the state. All revenue bonds, their transfer and the income therefrom shall be exempt from all taxation within the state. SECTION 9. Same; sale; price; proceeds. The Authority may sell revenue bonds in such manner and for such price as it may determine to be in the best interest of the Authority. The proceeds derived from the sale of revenue bonds shall be used solely for the purpose and 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.

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SECTION 11. Same; replacement of lost or mutilated bonds. The Authority may provide for the replacement of any revenue bonds or coupons which shall become mutilated or be destroyed or lost. SECTION 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 or special or adjourned meeting of the Authority by a majority of its members. SECTION 13. Credit not pledged. Revenue bonds of the Authority shall not be deemed to constitute a debt of Franklin County, Georgia, nor a pledge of the faith and credit of said county, 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 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, 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 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

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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 the trust indenture may provide. 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 sinking fund shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as the same 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 of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking

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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 of the state, 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. 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 such Authority shall be brought in the Superior Court of Franklin 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 shall 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 shall 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 buildings, facilities, and services for the citizens in Franklin County, Georgia. 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 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 Franklin 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 Franklin 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 or 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 Franklin County, Georgia, or any county or municipality the authority to own, operate, and maintain 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.

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SECTION 30. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 31. 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 1997 session of the General Assembly of Georgia, a bill to provide for the creation and establishment of a Franklin County Public Building Authority and for other purposes. This 20th day of January, 1997. Alan Powell Representative, District 23 GREEN ASHWORTH Attorneys at Law, P.O. Box 60 Royston, GA 30662 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 the Representative from the 23rd District, and further deposes and says as follows: (1) That the attached 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 23, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ALAN POWELL Representative, 23rd District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. DOUGLAS COUNTY BOARD OF COMMISSIONERS; COMPENSATION; EXPENSES. No. 230 (House Bill No. 919). AN ACT To amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, so as to change the compensation and expense 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 Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, is amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: SECTION 7. The chairperson of the board shall devote his or her full time to the duties of the office of chairperson of the board, but the other board members shall serve part time. The compensation of the chairperson of the board shall be paid in equal monthly installments from the general funds of Douglas County as follows:

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Effective January 1, 1999: $ 43,750.00 per annum Effective January 1, 2001: 49,500.00 per annum Effective January 1, 2002: 66 percent of the base salary for a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A. The other four members of the board shall be paid in equal monthly installments from the general funds of Douglas County as follows: Effective January 1, 1999: $ 9,800.00 per annum Effective January 1, 2001: 12,375.00 per annum Effective January 1, 2002: 16 percent of the base salary for a superior court judge as set forth in Code Section 45-7-4 of the O.C.G.A. The members of the board shall also be paid for expenses incurred on official business for the county up to a total of $300.00 per month, and all members shall be paid actual expenses incurred in carrying on county business while outside the county. Expenses of all board members shall be subject to the approval of the entire board and shall be paid only on the basis of actual expenditures documented by receipts or statements. Expenses outside the county shall be paid only when authorized by the entire board and submitted as an itemized statement to the clerk of the board. All expenses shall be paid from the funds of the county on a monthly basis. SECTION 2. This Act shall become effective January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, so as to change the compensation and expense allowances of the chairperson and members of the board of commissioners; and for other purposes. This 25th day of February, 1997. Representative Bob Snelling 99th District 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 the Representative from the 99th District, and further deposes and says as follows:

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(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of Douglas County, on the following date: February 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB SNELLING Representative, 99th District Sworn to and subscribed before me, this 5th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. CITY OF WILLACOOCHEE MAYOR AND ALDERMEN; POWERS; MUNICIPAL UTILITIES. No. 231 (House Bill No. 927). AN ACT To amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to change the provisions relating to the powers of the mayor and board of aldermen; 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 new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, is amended by adding, following Section 515, a new Section 515.1 to read as follows: SECTION 515.1. Municipal utilities; additional powers. The mayor and board of aldermen shall have the power 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. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval if such effective date is permissible pursuant to the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated as such Code section exists on such date, otherwise this Act shall become effective on January 1, 1998. 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 1997 Session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the City of Willacoochee, approved December 22, 1953 (GA. L. 1953, Nov. Dec. Sess. p. 3039), as amended; and for other purposes.

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This 8th day of February, 1997. William A. King, Attorney City of Willacoochee GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from the 167th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen, which is the official organ of Atkinson County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHUCK SIMS Representative, 167th District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997.

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CITY OF WILLACOOCHEE MAYOR AND ALDERMEN; ELECTIONS; OATHS; VACANCIES. No. 232 (House Bill No. 928). AN ACT To amend an Act creating a new charter for the City of Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, so as to change the provisions relating to the elections of the mayor and aldermen; to restate certain provisions of the charter relating to the oaths of office, election dates, and procedures for the filling of vacancies; to repeal an Act amending an Act creating a new charter for the City of Willacoochee and changing the terms of office of the mayor and aldermen, approved March 19, 1987 (Ga. L. 1987, p. 4361); 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 Willacoochee, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3039), as amended, is amended by striking Section 202, relating to the election of the mayor and aldermen, and inserting in lieu thereof a new Section 202 to read as follows: SECTION 202. Election of mayor and aldermen; terms of office. (a) The mayor and five aldermen shall each be elected by a majority vote of the qualified voters voting in an election held for that purpose. The five offices of aldermen shall be designated as `Alderman Post 1,' `Alderman Post 2,' `Alderman Post 3,' `Alderman Post 4,' and `Alderman Post 5.' Any person desiring to offer as a candidate for alderman shall designate the alderman post for which he or she is announcing. The mayor and aldermen in office on February 1, 1997, shall serve for the remainder of the unexpired terms to which they were elected and until their respective successors are elected and qualified. Municipal elections shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. At the municipal election in 1997, aldermen shall be elected to Alderman Post 1, Alderman Post 2, and Alderman Post 3. Such persons so elected shall take office on the first day of January following the date of the election for a term of office of four years and until their respective successors are elected and qualified. At the municipal election in 1999, a mayor shall be elected and aldermen shall be elected to Alderman Post 4 and Alderman Post 5. Such persons so elected shall take office on the first day of January

Page 4051

following the date of the election for a term of office of four years and until their respective successors are elected and qualified. Successors to such officials shall be elected at the municipal election immediately preceding the expiration of a term of office and the persons so elected shall take office on the first day of January following their election and shall have terms of office of four years each and until their respective successors are elected and qualified. (b) On the first day of January following any municipal election, the newly elected city officials shall meet in the city hall or other designated place in said city and shall take, before an officer authorized under the laws of Georgia to administer oaths, the following oath of office: `I do solemnly swear that I will meet and truly demean myself as (mayor) (alderman) of the City of Willacoochee for the ensuing term, and I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God.' Should the mayor or any alderman be absent from said meeting, he or she shall take the oath of office as soon as possible thereafter. SECTION 2. Said Act is further amended by striking subsection (a) of Section 203, relating to qualifications of the mayor and aldermen, and inserting in lieu thereof a new subsection (a) to read as follows: (a) In order to be eligible for election as mayor or alderman, a person must be a qualified voter of the City of Willacoochee and must have been a resident of the city for one year next preceding his or her election. Should the mayor or any alderman cease to maintain his or her principal place of residence within the city during his or her term of office, his or her office shall thereby become vacant. SECTION 3. Said Act is further amended by striking Section 302 of said Act, relating to elections, and inserting in lieu thereof a new Section 302 to read as follows: SECTION 302. Elections. All elections for the city shall be held and conducted in accordance with the provisions of Chapter 3 of Title 21 of the O.C.G.A., known as the `Georgia Municipal Election Code.' SECTION 4. An Act amending an Act creating a new charter for the City of Willacoochee and changing the terms of office of the mayor and aldermen, approved March 19, 1987 (Ga. L. 1987, p. 4361), is repealed in its entirety.

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SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval if such effective date is permissible pursuant to the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated as such Code section exists on such date; otherwise this Act shall become effective on January 1, 1998. 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 1997 Session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the City of Willacoochee, approved December 22, 1953 (GA. L. 1953, Nov. Dec. Sess. p/ 3039), as amended; and for other purposes. This 8th day of February, 1997. William A. King, Attorney City of Willacoochee GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chuck Sims, who on oath deposes and says that he is the Representative from the 167th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen, which is the official organ of Atkinson County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ CHUCK SIMS Representative, 167th District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. PATAULA JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENTS. No. 233 (House Bill No. 931). AN ACT To provide supplements to the salaries of the judges of the superior courts of the Pataula Judicial Circuit; to provide the amount and method of payment of such supplements; to provide the proportion of such supplements which each county within the circuit shall pay; to provide that such supplements shall be expenses of the superior courts; 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 governing authorities of the Counties of Clay, Early, Miller, Quitman, Randolph, Seminole, and Terrell, such counties composing the Pataula Judicial Circuit, shall provide from county funds supplements to the compensation received from state funds for each judge of superior court. The annual amount of such supplements shall be $12,000.00 for each judge. (b) The salary supplements provided for in subsection (a) of this section shall be in addition to any compensation, allowances, benefits, funds, or moneys of any kind received by such judges from the state. Said expenses shall be deemed expenses of the superior courts.

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(c) The salary supplements as provided for in subsection (a) of this section shall be paid in 12 equal monthly payments by the governing authorities of the respective counties or such other authorities having control of expenditures of county funds. Each county composing the Pataula Judicial Circuit shall pay a proportionate share of the salary supplement based on its share of the population of the participating counties of the Pataula Judicial Circuit. In order to pay the $12,000.00 annual supplement to each of the judges of the Pataula Judicial Circuit, each of such counties shall be required to pay the following: Annually Monthly Clay County 6.6% $1,584.00 $132.00 Early County 23.1% 5,544.00 462.00 Miller County 12.2% 2,928.00 244.00 Quitman County 4.3% 1,032.00 86.00 Randolph County 15.6% 3,744.00 312.00 Seminole County 17.5% 4,200.00 350.00 Terrell County 20.7% 4,968.00 414.00 SECTION 2. The supplement provided by this Act may not be diminished or withdrawn unless provided by local law. No supplement may be diminished or withdrawn from a judge during a term of office. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the payment of supplements to the salaries of the Judges of the Superior Courts of the Pataula Judicial Circuit by the counties comprising such circuit and to provide the amount of such supplements; and for other purposes. This 17th day of February, 1997. Joe C. Bishop Tracy Moulton Judges of the Superior Courts Pataula Judicial Circuit GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that

Page 4055

he is the Representative from the 159th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record, which is the official organ of Quitman County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the payment of supplements to the salaries of the Judges of the Superior Courts of the Pataula Judicial Circuit by the counties comprising such circuit and to provide the amount of such supplements; and for other purposes.

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This 17th day of February, 1997. Joe C. Bishop Tracy Moulton Judges of the Superior Courts Pataula Judicial Circuit 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 the Representative from the 159th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Times and News Record, which is the official organ of Clay County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 4th day of March, 1997.
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s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the payment of supplements to the salaries of the Judges of the Superior Courts of the Pataula Judicial Circuit by the counties comprising such circuit and to provide the amount of such supplements; and for other purposes. This 17th day of February, 1997. Joe C. Bishop Tracy Moulton Judges of the Superior Courts Pataula Judicial Circuit 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 the Representative from the 159th District, and further deposes and says as follows: (1) That the attached 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 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the payment of supplements to the salaries of the Judges of the Superior Courts of the Pataula Judicial Circuit by the counties comprising such circuit and to provide the amount of such supplements; and for other purposes. This 17th day of February, 1997. Joe C. Bishop Tracy Moulton Judges of the Superior Courts Pataula Judicial Circuit 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 the Representative from the 159th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Donalsonville News, which is the official organ of Seminole County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facismile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

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written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the payment of supplements to the salaries of the Judges of the Superior Courts of the Pataula Judicial Circuit by the counties comprising such circuit and to provide the amount of such supplements; and for other purposes. This 17th day of February, 1997. Joe C. Bishop Tracy Moulton Judges of the Superior Courts Pataula Judicial Circuit 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 the Representative from the 159th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dawson News, which is the official organ of Terrell County, on the following date: February 20, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the payment of supplements to the salaries of the Judges of the Superior Courts of the Pataula Judicial Circuit by the counties comprising such circuit and to provide the amount of such supplements; and for other purposes. This 17th day of February, 1997. Joe C. Bishop Tracy Moulton Judges of the Superior Courts Pataula Judicial Circuit
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Hanner, who on oath deposes and says that he is the Representative from the 159th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of Miller County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the payment of

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supplements to the salaries of the Judges of the Superior Courts of the Pataula Judicial Circuit by the counties comprising such circuit and to provide the amount of such supplements; and for other purposes. This 17th day of February, 1997. Joe C. Bishop Tracy Moulton Judges of the Superior Courts Pataula Judicial Circuit 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 the Representative from the 159th District, and further deposes and says as follows: (1) That the attached 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: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 4th day of March, 1997.
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s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. DOOLY COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 234 (House Bill No. 938). AN ACT To provide a homestead exemption from certain Dooly County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for certain residents of that county 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 applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for county purposes means all ad valorem taxes for county purposes levied by Dooly County, including, but not limited to, taxes to pay interest on and retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. SECTION 2. (a) Each resident of Dooly County who is 62 years of age or over is granted an exemption on that person's homestead from all Dooly 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 exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or the person's agent files an affidavit with the tax commissioner of Dooly County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose.

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SECTION 3. The tax commissioner of Dooly County or the designee thereof shall provide application forms for the exemption granted by this Act and shall require such information as may be necessary to determine the initial and continuing eligibility of the owner for the exemption. SECTION 4. The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (b) of Section 2 of this Act, it shall not be necessary to make application and file such affidavit thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the tax commissioner of Dooly County or the designee thereof in the event that person for any reason becomes ineligible for that exemption. SECTION 5. The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county school district purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to Dooly 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, 1999. SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dooly County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Dooly County for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 1998, 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 Dooly 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 Dooly County ad valorem taxes for county purposes in the amount of $4,000.00 of the assessed value of the homestead for residents of the county who are 62 years of age or over? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 6 shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 1999. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Dooly County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 8. Except as otherwise provided in Section 7 of this Act, this Act shall become effective January 1, 1998. 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 1997 session of the General Assembly of Georgia bill to provide a homestead exemption from certain Dooly County ad valorem taxes for county purposes for certain residents of that county; and for other purposes. This 25 day of February, 1997. Rep. Johnny Floyd, District 138 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Johnny Flody, who on oath deposes and says that he is the Representative from the 138th District, and further deposes and says as follows: (1) That the attached 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 27, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JOHNNY FLOYD Representative, 138th District Sworn to and subscribed before me, this 7th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. GRIFFIN JUDICIAL CIRCUIT JUDGES; SALARY SUPPLEMENTS. No. 235 (House Bill No. 963). An ACT To amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), so as to change the county supplements for the superior court judges of that circuit; to provide that the amounts of the supplements may be fixed by the governing authorities of the counties; 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 Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), is amended by striking Section 6A and inserting in its place a new Section 6A to read as follows: SECTION 6A. (a) The governing authorities of the counties composing the Griffin Judicial Circuit are authorized to provide from county funds supplements to the compensation of each judge of superior court. The supplements in effect immediately prior to July 1, 1997, shall remain in effect until changed by the governing authorities of the counties comprising the circuit. The governing authorities of the counties comprising the circuit may on and after July 1, 1997, from time to time fix and determine the amounts of such supplements by concurrent resolutions of the governing authorities fixing and determining the same amounts in each such concurrent resolution. However, such concurrent resolutions shall not decrease such supplements below the amounts in effect immediately prior to July 1, 1997; and no incumben'ts supplement shall be decreased during the incumbent's term of office. (b) As used in this section, the term `judge' means the chief judge of the circuit, an associate judge of the circuit, or a senior judge of the superior courts of Georgia whose status is achieved by reason of service in said circuit, and who continues to be available for service to the courts of said circuit; however, the supplement of a senior judge shall be equivalent to but shall not exceed the amount of the supplement authorized in Code Section 47-8-62 of the O.C.G.A., as amended. (c) The amount of supplement for the district attorney shall be $7,500.00 per annum. Said amounts of supplements for the judges and district attorney shall be paid monthly by the counties composing the Griffin Judicial Circuit in proportion to and prorated according to the population of said counties, as shown by the latest official United States decennial census, out of the treasuries of such counties composing said circuit. (d) It shall be the duty of the governing authorities of each such county to provide by taxation, or otherwise, sufficient funds to pay the portion of said salary supplement assessed against each of said counties and to pay the same as provided in this section. The salary supplement of each judge is made and declared to be a part of the expenses of the courts, and the power to levy a tax to pay the same is delegated to said county governing authorities.

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SECTION 2. This Act shall become effective on July 1, 1997, as provided by the resolutions or other written communication from the several counties involved agreeing to such effective date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Board of Commissioners Robert H. Sprayberry, Chairman Scott A. Barrett, Vice-Chairman Harold Bost, Commissioner Herbert E. Frady, Commissioner Glen J. Gosa, Commissioner Billy P. Beckett, Administrator W. R. McNally, Attorney Carol Chandler, Executive Assistant Fayette County, Georgia February 24, 1997 Mr. Fred Roney District Court Administrator P. O. Box 647 Griffin, Georgia 30224 Dear Roney: This letter will confirm that on February 13, 1997, the Fayette County Board of Commissioners approved the requested salary supplement for the Superior Court Judges of the Griffin Judicial Circuit. The above supplement will become effective July 1, 1997. If you have any questions or I can be of further assistance, please do not hesitate to contact me. Sincerely, s/Billy P. Beckett Billy P. Beckett County Administrator Board of Commissioners of Pike County John F. Akins, Chairman Robert Curtis, Jr., Commissioner Monroe Pilkenton, Commissioner Phillip Hanson, Commissioner Onree (Jake) Garner, Commissioner February 13, 1996 Fred Roney

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PO Box 647 Griffin, Georgia 30224 Dear Fred, The Pike County Board of Commissioners approved your request for an increase in the amount of the county pay supplements. This will be $1,634.00 per year to start in July 01, 1997. Sincerely, s/A. B. Sawyer Clerk To: Fred Roney From: Michael M. Ruffin Spalding County Comments: Effective Date of Salary Bill The effective date of the Salary Bill which will be introduced in the General Assembly will be July 1, 1997. I have not forwarded the legislation to Representative Yates because I have not received any resolutions or letters confirming approval in Pike, Upson and Fayette Counties. Judge Whalen personally brought the legislation over this week and told Phyllis to tell me that he would get me a copy of the resolutions/letters from the other counties. I will get everything to Mr. Yates as soon as I receive verification from the other counties. COUNTY OF UPSON BOARD OF COMMISSIONERS OF ROADS AND REVENUE ED CREWS SANDRA TRICE RAY CORLEY JAMES ELSEY JUDY COTTON February 24, 1997 Mr. Fred Roney: This is to advise that Upson County Board of Commissioners met on Monday, February 10, 1997 and agreed to increase the supplements paid to the Superior Court Judges of the Griffin Judicial Circuit effective July 1, 1997. s/Ed Crews Chairman

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a Bill to amend an Act creating the Griffin Judicial Circuit; approved August 19, 1923 (Ga. L. 1923, p. 43), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), an Act approved April 12, 1982 (Ga. L. 1982, p. 596), an Act approved March 2, 1963, (Ga. L. 1963, p. 384), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4459), so as to change the County Supplement for the Judges of the Superior Court of such Judicial Circuit. And for other purposes. This 24th day of February, 1997. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who on oath deposes and says that he is the Representative from the 129th District, and further deposes and says as follows: (1) That the attached 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 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

Page 4071

as required by Code Section 28-1-14.1. s/ ROBERT M. CRAWFORD Representative, 129th District Sworn to and subscribed before me, this 7th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a Bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 68), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), an Act approved April 12, 1982 (Ga. L. 1982, p. 596), an Act approved March 2, 1983 (Ga. L. 1983, p. 386), and an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), so as to change the County Supplement for the Judges of the Superior Court of such Judicial Circuit. And for other purposes. This 12th day of February 1997. /s/ A. B. Sawyer, as Clerk of the Board of Commissioners of Pike County GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who on oath deposes and says that he is the Representative from the 129th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Pike County Journal and Reporter, which is the official organ of Pike County, on the following date: March 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 4072

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ROBERT M. CRAWFORD Representative, 129th District Sworn to and subscribed before me, this 7th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a Bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 58), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), an Act approved April 12, 1982 (Ga. L. 1982, p. 596), an Act approved March 2, 1983 (Ga. L. 1983, p. 360), and an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), so as to change the County Supplement for the Judges of the Superior Court of such Judicial Circuit. And for other purposes. This 25th day of February, 1997. Michael M. Ruffin, as Clerk of the Board of Commissioners of Spalding County. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rober M. Crawford, who on oath deposes and says that he is the Representative from the 129th District, and further deposes and says as follows:

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(1) That the attached 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 28, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply becuase the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ROBERT M. CRAWFORD Representative, 129th District Sworn to and subscribed before me, this 7th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 Sessions of the General Assembly of Georgia a Bill to amend an Act creating the Griffin Judicial Circuit, approved August 17, 1923 (Ga. L. 1923, p. 58), as amended, particularly by an Act approved March 13, 1978 (Ga. L. 1978, p. 879), an Act approved April 12, 1982 (Ga. L. 1982, p. 596). an Act approved March 2, 1983 (Ga. L. 1983, p. 360), and an Act approved March 22, 1990 (Ga. L. 1990, p. 4459), so as to change the County Supplement for the Judges of the Superior Court of such Judicial Circuit.

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And for other purposes. This 25th day of February, 1997. Lakeitha Reeves, Clerk, Board of Commissioners of Upson County. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert M. Crawford, who on oath deposes and says that he is the Representative from the 129th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Thomaston Times which is the official organ of Upson County, on the following date: February 26, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ROBERT M. CRAWFORD Representative, 129th District Sworn to and subscribed before me, this 7th day of March, 1997.
Page 4075

s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. CITY OF VALDOSTA COMMUNITY IMPROVEMENT DISTRICTS; CREATION. No. 236 (House Bill No. 967). AN ACT To provide for the creation of one or more community improvement districts in the City of Valdosta; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for the appointment of members of said boards; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide procedures for the determination of the specifications for projects to be undertaken by the district and the manner of levying taxes, fees, and assessments with respect thereto; to provide for debt of said districts; to provide for cooperation with local governments; to provide for powers of said boards; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for the form of bonds, provisions for exchange and transfer, certificates of validation, and specification of interest rates in notice to district attorney or Attorney General and in notice of validation hearings; to provide for definition of the terms cost of the project or cost of any project as used in bond resolutions and elsewhere; to provide for authorized contents of agreements and instruments of the boards generally; to provide for use of proceeds of sale of bonds, notes, and other instruments; to provide for subsequent issues of bonds, notes, and other instruments; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973, shall not apply to the offer, sale, or issuance of the bonds, notes, or other obligations; to provide that no notice, proceedings, publication, or referendum shall be required; to provide the procedures connected with the foregoing; to provide for the termination of districts under certain conditions; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be cited as the City of Valdosta Community Improvement Districts Act.

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SECTION 2. Purpose. The purpose of this Act shall be to provide for the creation of one or more community improvement districts within the City of Valdosta, and such districts shall be created for the provision of such of the following governmental services and facilities as may be provided for in the resolution activating each district created under this Act or any supplemental resolution amending same: (1) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads; (2) Parks and recreational areas and facilities; (3) Storm water and sewage collection and disposal systems; (4) Development, storage, treatment, purification, and distribution of water; (5) Public transportation; (6) Terminal and dock facilities and parking facilities; and (7) Such other services and facilities as may be provided for by general law. SECTION 3. Definitions. As used in this Act, the term: (1) Agricultural means the growing of crops for sale or raising of animals for sale or use, including the growing of field crops, fruit or nut trees, the raising of livestock or poultry, and the operation of dairies, horse-boarding facilities, and riding stables. (2) Board means the governing body created for the governance of each community improvement district authorized in this Act. (3) Bonds, or general obligation bonds means any bonds of a district which are authorized to be issued under the Constitution and laws of Georgia, including refunding bonds but not including notes or other obligations of a district. (4) Cost of the project or cost of any project means and includes: (A) All cost of acquisition, by purchase or otherwise, construction, assembly, installation, modification, renovation, or rehabilitation incurred in connection with any project or any part of any project;

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(B) All costs of real property, fixtures, or personal property used in or in connection with or necessary for any project or for any facilities related thereto, including, but not limited to, the cost of all land, estates for years, easements, rights, improvements, water rights, connection for utility services, fees, franchises, permits, approvals, licenses, and certificates; the cost of securing any such franchises, permits, approvals, licenses, or certificates; and the cost of preparation of any application therefor and the cost of all fixtures, machinery, equipment (including all transportation equipment and rolling stock), furniture, and other property used in or in connection with or necessary for any project; (C) All interest and other financing charges and loan fees and all interest on bonds, notes, or other obligations of a district which accrue or are paid prior to and during the period of construction of a project and during such additional period as the board may reasonably determine to be necessary to place such project in operation; (D) All costs of engineering, surveying, and architectural and legal services and all expenses incurred by engineers, surveyors, architects, and attorneys in connection with any project; (E) All expenses for inspection of any project; (F) All fees of fiscal agents, paying agents, and trustees for bond-holders under any trust agreement, indenture of trust, or similar instrument or agreement; all expenses incurred by any such fiscal agents, paying agents, and trustees; and all other costs and expenses incurred relative to the issuances of any bonds, notes, or other obligations for any project; (G) All expenses of or incidental to determining the feasibility or practicability of any project; (H) All costs of plans and specifications for any project; (I) All costs of title insurance and examinations of title with respect to any project; (J) Repayment of any loans made for the advance payment of any part of any of the foregoing costs, including interest thereon and any other expenses of such loans; (K) Administrative expenses of the board and such other expenses as may be necessary or incidental to any project or the financing thereof or the placing of any project in operation; and (L) The establishment of a fund or funds for the creation of a debt service reserve, a renewal and replacement reserve, or such other funds or reserves as the board may approve with respect to the

Page 4078

financing and operation of any project and as may be authorized by any bond resolution, trust agreement, indenture of trust, or similar instrument or agreement pursuant to the provisions of which the issuance of any bonds, notes, or other obligations of the district may be authorized. Any cost, obligation, or expense incurred for any of the foregoing purposes shall be a part of the cost of the project and may be paid or reimbursed as such out of proceeds of bonds, notes, or other obligations issued by the district. (5) District means the geographical area designated as such by the resolution of the governing body consenting to the creation of the community improvement district or as thereafter modified by any subsequent resolution of the governing body within which the district is or is to be located, or a body corporate and politic being a community improvement district created and activated pursuant to this Act, as the context requires or permits. (6) Equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property, with reference to taxes, fees, and assessments levied by the board, means that the burden of the taxes, fees, and assessments shall be apportioned among the properties subject thereto based upon: (A) The values established in the most recent ad valorem tax reassessment of such properties certified by the chairperson of the Lowndes County Board of Tax Assessors; or (B) If so specified, such other method specified in the project specifications. (7) Forestry means the planting and growing of trees for sale in a program which includes reforestation of harvested trees, regular underbrush and undesirable growth clearing, fertilizing, pruning, thinning, cruising, and marking which indicates an active tree-farming operation; it does not include the casual growing of trees on land otherwise idle or held for investment, even though some harvesting of trees may occur thereon. (8) Project means the acquisition, construction, installation, modification, renovation, or rehabilitation of land, interest in land, buildings, structures, facilities, or other improvements located or to be located within the district, and the acquisition, installation, modification, renovation, rehabilitation, or furnishing of fixtures, machinery, equipment, furniture, or other property of any nature whatsoever used on, in, or in connection with any such land, interest in land, building, structure, facility, or other improvement, all for the essential

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public purposes set forth in Section 2 of this Act, which project is a project described in the project specifications for the district. (9) Project specifications means a description of the project or projects to be undertaken by the district. The project specifications must include the rates for taxes, fees, and assessments that the district may levy. The project specifications may also include as a matter of election any or all of the following: (A) The maximum amounts that may be raised for any annual period by taxes, fees, and assessments; (B) The maximum period of time during which such taxes, fees, and assessments may be levied; or (C) A method for the equitable apportionment of such taxes, fees, and assessments. (10) Property owner or owner of real property means any entity or person shown as a taxpayer for one or more parcels of real estate on the most recent ad valorem tax records of Lowndes County within the district as certified by the Lowndes County tax commissioner. Multiple owners of one parcel shall constitute one property owner and shall designate in writing one of their number to represent the whole. (11) Property used nonresidentially means property used for neighborhood shopping, planned shopping center, general commercial, tourist services, institutional office, office services, light industry, heavy industry, central business district, or other commercial or business use which does not include residential. (12) Taxpayer means any entity or person paying ad valorem taxes on real property, whether on one or more parcels of property within the district. Multiple owners of one parcel shall constitute one taxpayer and shall designate in writing one of their number to represent the whole. SECTION 4. Creation; project specifications; conflicts of interest. (a) Pursuant to Article IX, Section VII of the Constitution of the State of Georgia, as amended in 1984 (said amendment being set out at Ga. L. 1984, p. 1703), there is created one or more community improvement districts to be located in the City of Valdosta, wholly within the incorporated area thereof, each of which shall be activated upon compliance with the conditions provided in this Act and which shall be governed by a board as constituted pursuant to this Act. The conditions for such activation shall be: (1) The delivery of a petition by any taxpayer, containing the project specifications for the proposed district, to the mayor and council of the City of Valdosta;

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(2) The adoption of a resolution by the mayor and council of the City of Valdosta consenting to the creation of each community improvement district, which resolution shall state that the district is created under this Act, and to the project specifications; (3) Written consent to the creation of the community improvement district by and the project specifications by: (A) A majority of the owners of real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and (B) The owners of real property within the community improvement district which constitutes at least 75 percent of value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved Lowndes County ad valorem tax digest; and (4) If the proposed community improvement district is to lie in an area wholly or partially coexistent with one or more community improvement districts, then the governing board of the newly created district and the governing board of the preexisting district or districts shall have entered into a cooperative agreement whereby the collection of taxes and the provision of services in the overlapping areas of such districts shall be specified. (b) The written consents provided for in paragraph (3) of subsection (a) of this section and the cooperative agreement, if required, provided for in paragraph (4) of subsection (a) of this section shall be submitted to the Lowndes County tax commissioner who shall certify whether paragraphs (3) and (4) of subsection (a) of this section, as applicable, have been satisfied with respect to each proposed district. (c) No district or board created under this Act shall transact any business or exercise any powers under this Act until the foregoing conditions of this section 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. (d) The project specifications may be amended, changed, or expanded from time to time, but not so as to reduce taxes, fees, and assessments pledged to holders of bonds or other indebtedness of the district without such holders' written consent, by the adoption, certification, and filing of consents as described in paragraph (3) of subsection (a) of this section.

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SECTION 5. Administration and appointment of board members. Each district created pursuant to this Act shall be administered by a six-member board appointed by the mayor and council of the City of Valdosta. SECTION 6. Taxes, fees, and assessments. (a) The board may levy taxes, fees, and assessments within the district only on real property used nonresidentially, specifically excluding property exempt from ad valorem taxation under the Constitution or laws of the State of Georgia and all property used for residential, agricultural, or forestry purposes and specifically excluding tangible personal property and intangible property. Any tax, fee, or assessment so levied shall not exceed 2 1/2 percent of the aggregate assessed value of all such real property; provided, however, that no tax, fee, or assessment so levied shall exceed any lesser limitation designated in the project specifications and that no tax, fee, or assessment shall be levied beyond any time limitation designated as provided in the project specifications. The taxes, fees, and assessments levied by the board shall be equitably apportioned among the properties subject to such taxes, fees, and assessments according to the need for governmental services and facilities created by the degree of density of development of each such property. The proceeds of taxes, fees, and assessments levied by the board shall be used only for the purpose of providing governmental services and facilities which are specially required by the degree of density of development within the applicable district and not for the purpose of providing those governmental services and facilities provided to the City of Valdosta as a whole. Any tax, fee, or assessment so levied shall be collected by the City of Valdosta. Delinquent taxes shall bear the same interest and penalties as the City of Valdosta ad valorem taxes and may be enforced and collected in the same manner. The process of taxes, fees, and assessments so levied, less a fee to cover the costs of collection thereof, shall be expended by the board only for the purposes authorized by this Act. (b) The board shall levy the above-provided taxes between January 1 and August 1 of each calendar year and shall notify in writing the City of Valdosta by September 1 of each year so it may include the levy on its regular ad valorem tax bills. (c) If, but for this provision, a parcel of real property is removed from a district or otherwise would become nontaxable, it shall continue to bear the 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 7. Boundaries of the districts. (a) The boundaries of each district shall be as designated by the mayor and council of the City of Valdosta and shall lie wholly within the incorporated area of the City of Valdosta, as set forth in the resolutions required in Section 4 of this Act or as may thereafter be added as hereinafter provided. (b) The boundaries of a district may be increased after the initial creation of a district pursuant to the following: (1) Written consent of: (A) A majority of the owners of real property within the area sought to be annexed into the community improvement district which will be subject to taxes, fees, and assessments levied by the board of the community improvement district; and (B) The owners of 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 Lowndes County ad valorem tax digest; (2) The adoption of a resolution consenting to the annexation by the board of the district; and (3) The adoption of a resolution consenting to the annexation by the mayor and council of the City of Valdosta. SECTION 8. Debt. Each district may incur debt without regard to the requirements of Section V of Article IX of the Constitution of Georgia, or any other provision of law prohibiting or restricting the borrowing of money or the creation of debt by political subdivisions of the State of Georgia, which debt shall be backed by the full faith, credit, and taxing power of the district but shall not be an obligation of the State of Georgia, the City of Valdosta, or any other unit of government of the State of Georgia other than the district. SECTION 9. Cooperation with local governments. The services and facilities provided pursuant to this Act shall be provided for in a cooperation agreement executed jointly by the board and the

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mayor and council of the City of Valdosta. If the parties to the cooperation agreement so agree, the cooperation agreement may provide that such private persons as are designated by the district perform the actual construction or improvement of the services and facilities provided by the district. The provisions of this section shall in no way limit the authority of the City of Valdosta to provide services or facilities within the district; and the City of Valdosta shall retain full and complete authority and control over any of its facilities located within its respective areas of any district. Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the City of Valdosta. Nothing contained in this section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to the district or the services or facilities provided therein. SECTION 10. Powers. (a) Each district and its board created pursuant to this Act shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of this Act, including, without limiting the generality of the foregoing, the power: (1) To bring and defend actions; (2) To adopt and amend a corporate seal; (3) To make and execute contracts, agreements, and other instruments necessary or convenient to exercise the powers of the board or to further the public purposes for which the district is created, including, but not limited to, contracts for construction of projects, leases of projects, contracts for sale of projects, agreements for loans to finance projects, and contracts with respect to the use of projects; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the district; (5) To finance (by loan, grant, lease, or otherwise), construct, erect, assemble, purchase, acquire, own, repair, remodel, renovate, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage any project 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,

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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 transactions as the district and any such political subdivision with which the district contracts are authorized by law to undertake; (11) The district shall have the power and is authorized, whenever bonds of the district have been validated as provided in this Act, to issue, from time to time, its notes in anticipation of the issuance of such bonds as validated and to renew, from time to time, any such notes by the issuance of new notes, whether the notes to be renewed have or have not matured. The district may issue notes only to provide funds which would otherwise be provided by the issuance of the bonds as validated. The notes may be authorized, sold, executed, and delivered in the same manner as bonds. As with its bonds, the district may sell such notes at public or private sale. Any resolution or resolutions authorizing notes of the district or any issue thereof may contain any provisions which the district is authorized to include in

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any resolution or resolutions authorizing bonds of the authority or any issue thereof; and the district may include in any notes any terms, covenants, or conditions which it is authorized to include in any bonds. Validation of such bonds shall be a condition precedent to the issuance of the notes, but it shall not be required that such notes be judicially validated. Bond anticipation notes shall not be issued in an amount exceeding the par value of the bonds in anticipation of which they are to be issued; (12) To grant, mortgage, convey, assign, or pledge its property, revenues or taxes, fees or assessments to be received as security for its bonds, notes, or other indebtedness and obligations; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be to the best advantage of the district and the public purposes thereof; (15) To appoint, select, and employ engineers, surveyors, architects, urban or city planners, fiscal agents, attorneys, and others and to fix their compensation and pay their expenses; (16) To encourage and promote the improvement and development of the district and to make, contract for, or otherwise cause to be made long-range plans or proposals for the district in cooperation with the City of Valdosta; (17) To invest its funds, whether derived from the issuance of its bonds or otherwise, in such manner as it may deem prudent and appropriate, without further restriction; (18) To adopt bylaws governing the conduct of business by the board, the election and duties of officers of the board, and other matters which the board determines to deal with in its bylaws; (19) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purposes of the district; and (20) To do all things necessary or convenient to carry out the powers conferred by this Act. (b) The powers enumerated in each paragraph of subsection (a) of this section are cumulative of and in addition to those powers enumerated herein and elsewhere in this Act, and no such power limits or restricts any other power of the board.

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SECTION 11. Bonds, generally. (a) Notes or other obligations issued by a district other than general obligation bonds shall be paid solely from the property pledged to pay such notes or other obligations. General obligation bonds issued by any district shall constitute a general obligation of the district to the repayment of which the full faith and credit and taxing power of the district shall be pledged, subject to the power of the district to tax only in accordance with any limitations established by the project specifications. (b) All bonds, notes, and other obligations of any district shall be authorized by resolution of its board, adopted by a majority vote of the board members at a regular or special meeting. (c) Bonds, notes or other obligations shall bear such date or dates, shall mature at such time or times not more than 40 years from their respective dates, shall bear interest at such rate or rates, which may be fixed or may fluctuate or otherwise change from time to time, shall be subject to redemption on such terms, and shall contain such other terms, provisions, covenants, assignments, and conditions as the resolution authorizing the issuance of such bonds, notes, or other obligations may permit or provide. The terms, provisions, covenants, assignments, and conditions contained in or provided or permitted by any resolution of the board authorizing the issuance of such bonds, notes, or other obligations shall bind the board members of the district then in office and their successors. (d) The board shall have power from time to time and whenever it deems it expedient to refund any bonds by the issuance of new bonds, whether or not the bonds to be refunded have matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose permitted under this Act. The refunding bonds may be exchanged for the bonds to be refunded, with such cash adjustments as may be agreed upon, or may be sold and the proceeds applied to the purchase or redemption of the bonds to be refunded. (e) There shall be no limitation upon the interest rates or any maximum interest rate or rates on any bonds, notes, or other obligations of the district, and the usury laws of this state shall not apply to bonds, notes, or other obligations of these districts. (f) Bonds issued by a district may be in such form, either coupon or fully registered, or both coupon and fully registered, and may be subject to such exchangeability and transferability provisions as the bond resolution authorizing the issuance of such bonds or any indenture or trust agreement may provide. (g) Bonds issued by a district shall be validated under and in accordance with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., known as the

Page 4087

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

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(c) Issuance by a board of one or more series of bonds, notes, or other obligations for one or more purposes shall not preclude such board from issuing other bonds, notes, or obligations in connection with the same project or with any other projects; but the proceeding wherein any subsequent bonds, notes, or other obligations are issued shall recognize and protect any prior loan agreement, security agreement, or other agreement or instrument made for any prior issue of bonds, notes, or other obligations, unless in the resolution authorizing such prior issue the right is expressly reserved to the board to issue subsequent bonds, notes, or other obligations on a parity with such prior issue. SECTION 13. Construction; applicability of Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973; notice, proceeding, publication, referendum. This Act shall be liberally construed to effect the purposes hereof. The offer, sale, or issuance of bonds, notes, or other obligations by a district shall not be subject to regulation under Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973. No notice, proceeding, or publication except those required by this Act shall be necessary to the performance of any act authorized by this Act, nor shall any such act be subject to referendum. SECTION 14. Termination. So long as a district has no debt outstanding, the board of a district may terminate and dissolve the district as of a certain date, and on such date all property, rights, and obligations of the district shall devolve to the City of Valdosta. SECTION 15. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional.

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SECTION 16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 17. Repealer. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, the Mayor and Council of the City of Valdosta desire that local legislation be enacted to provide for the City of Valdosta to create one or more Community Improvement Districts in accordance with the proposed local legislation, copy of which is attached hereto; and WHEREAS, the Mayor and Council of the City of Valdosta desire to request that the local members of the state legislature introduce and pursue the passage of the attached Act, the improvement of the City of Valdosta in the Downtown District of the City. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Valdosta, and it is hereby resolved by authority of same, as follows: THAT the Mayor and Council of the City of Valdosta does hereby request that Representatives, Tim Golden, Jay Shaw, and Henry Reaves, introduce and pursue the passage of the attached local legislation for the City of Valdosta whereby the City of Valdosta will be authorized, upon meeting the conditions of said local Act, to create Community Improvements Districts within the City of Valdosta. SO RESOLVED, this day of February, 1997. s/Hoke Hampton Council Member s/Rodney Casey Council Member s/William R. Hill Council Member s/Willie Rayford Council Member s/Ron Borders Council Member John Sessions Council Member Bunnis C. Williams Council Member James H. Rainwater Mayor NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the 1997 regular session of the General Assembly of Georgia a bill to provide for the creation of one

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or more community improvement districts in the City of Valdosta; to provide for a short title; to provide for the purposes of the said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide the procedure for creation of said districts; to provide for debt of the said districts; to provide for cooperation with local governments; to provide for the powers of said districts; to provide for bonds, notes, and other obligations; to provide for authorized contents of agreements and instruments of the boards generally, use of proceeds of sale of bonds and notes, subsequent issues of bonds and notes; to provide that Chapter 5 of Title 10 of the O.C.G.A., the Georgia Securities Act of 1973) not apply to the offer, sale, or issuance of said districts' bonds, notes, or other obligations; to provide for all matters relative to the foregoing; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 13th day of February, 1997. CITY OF VALDOSTA GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Golden, who on oath deposes and says that he is the Representative from the 177th District, and further deposes and says as follows: (1) That the attached 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 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TIM GOLDEN Representative, 177th District Sworn to and subscribed before me, this 10th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. BANKS COUNTY HOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 237 (House Bill No. 989). AN ACT To provide a homestead exemption from certain Banks County ad valorem taxes for county purposes in the amount of $12,000.00 of the assessed value of the homestead of 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 Banks County, including, but not limited to, taxes to retire county bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Senior citizen means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of Banks County who is a senior citizen is granted an exemption on that person's homestead from all Banks County ad valorem

Page 4092

taxes for county purposes in the amount of $12,000.00 of the assessed value of that homestead. The value of that property in axcess of such exempted amount shall remain subject to toxation. (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 Banks County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Banks 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, 1997, has applied for and is eligible for the $8,000.00 homestead exemption from Banks County ad valorem taxes for county purposes pursuant to a local constitutional amendment (Ga. L. 1978, p. 2438) 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 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Banks County ad valorem taxes for county purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Banks County shall call and conduct an

Page 4093

election as provided in this section for the purpose of submitting this Act to the electors of Banks County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in June, 1997, 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 Banks 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 Banks County ad valorem taxes for county purposes for that county in the amount of $12,000.00 of the assessed value of homesteads for residents of that county who are 65 years of age or older? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1998. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 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 Banks County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for increased homestead exemptions from Banks County ad valorem taxes for county purposes for certain residents of such county; to provide for a referendum; to provide for related matters; and for other purposes. This 18th day of February, 1997.

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Mary Jeanette Jamieson Representative 22nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News, which is the official organ of Banks County, on the following date: March 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JEANETTE JAMIESON Representative, 22nd District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997.

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MADISON COUNTY BOARD OF COMMISSIONERS; MEETINGS; MOTOR VEHICLES; CHAIRPERSON'S VOTE; COUNTY OFFICES. No. 238 (House Bill No. 990). AN ACT To amend an Act establishing the board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), so as to allow the board to change the day for meetings of the board; to eliminate a provision relating to furnishing motor vehicles to the chairperson of the board of commissioners and the foreman of the county public works; to clarify that the chairperson may vote only to break a tie vote; to eliminate a provision requiring Saturday hours of operation for county offices during a portion of the year; 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 board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988, p. 4692), and an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), is amended by striking in its entirety Section 5 and inserting in lieu thereof the following: SECTION 5. The board shall meet at least twice monthly, on a day and time to be determined by the board. Public notice shall be given of the time, place, and date of each such meeting. The board may hold special meetings at any time on the call of the chairperson or on the call of the majority of the members of the board; provided, further, no such special or called meeting shall be held for any purpose unless notice thereof has been given in writing to all members of the board at least 48 hours prior to the time set for said meeting. Said notice may be waived by the members of the board, provided the waivers are in writing and signed by all members of the board and made a part of the record. Proceedings of any meetings not held in conformity and in compliance with the foregoing shall be null, void, and of no effect. SECTION 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof the following:

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SECTION 7. Three members of the board, not including the chairperson, shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members. A majority vote of the entire board will control the determination of all policies on the board. All members of the board other than the chairperson shall be required to vote on all questions coming before the board unless a member shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairperson shall be the executive administrator of all policies of the board and shall be authorized to vote only to break a tie vote, unless the chairperson shall be disqualified to vote thereon because of conflict of interest or other legal reason. The chairperson shall have authority, with the concurrence and approval of a majority of the members of the board, to employ all personnel and county employees and such clerical help as is necessary, in their judgment, to conduct the affairs of the office properly, and at such salaries as they may deem proper. SECTION 3. Said Act is further amended by striking Section 9A in its entirety and inserting in lieu thereof the following: SECTION 9A. Reserved. SECTION 4. Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof the following: SECTION 23. Pursuant to Code Section 36-1-12 of the Official Code of Georgia Annotated, the hours of operation of all county offices, including the offices of clerk of the superior court, probate court, tax commissioner, and board of commissioners of Madison County shall be from 8:00 A.M. until 5:00 P.M. Monday through Friday with the exception of holidays set by the board of commissioners in their policy. 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. STATE OF GEORGIA, COUNTY OF MADISON.

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WHEREAS, the Board of Commissioners of Madison County Georgia has reviewed local legislation and has determined that certain provisions in said local legislation should be amended or repealed; and WHEREAS, the Board of Commissioners of Madison County Georgia does hereby desire to change such local legislation during the 1997 Session of the General Assembly of the State of Georgia; and WHEREAS, the Honorable Ralph T. Hudgens and the Honorable Eddie Madden have indicated a willingness to assist in accomplishing the change in local legislation upon resolution of the Board of Commissioners of Madison County Georgia; and WHEREAS, the Board of Commissioners of Madison County Georgia desires to be on record requesting such changes; NOW THEREFORE, BE IT Resolved by the Board of Commissioners of Madison County Georgia that the bill attached hereto and marked Exhibit A incorporated herein by reference be introduced by the local legislative delegation and passed during the 1997 Session of the General Assembly of the State of Georgia. BE IT Further resolved, by the Board of Commissioners of Madison County Georgia that said Board does express its appreciation to Representative Ralph T. Hudgens and Senator Eddie Madden for assistance in connection with such changes. This 11th day of March 1997. s/Wesley Nash Chairman s/William Bill Taylor District 1 Commissioner s/Nelson Nash District 2 Commissioner s/Patsy Pierce District 3 Commissioner s/Kenneth L. Clark District 4 Commissioner s/Jack Darrell Fortson District 5 Commissioner Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the board of commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, particularly by an Act approved March 28, 1985 (Ga. L. 1985, p. 4802), an Act approved March 24, 1988 (Ga. L. 1988,

Page 4098

p. 4692) and an Act approved March 24, 1988 (Ga. L. 1988, p. 4775), so as to allow the board to change the days for meetings of the board; to eliminate a provision relating to replacement of motor vehicles furnished to the chairperson of the board of commissioners and the foreman of the county public works, to eliminate certain provision relating to purchasing; to eliminate the vote of the chairperson except to break a tie vote;to eliminate a provision requiring Saturday hours of operations for county officers during a portion of the year, to eliminate a provision relating to mandatory retirement of county employees; to provide for relating matters; to repeal conflicting laws; and for other purposes. This 3rd day of March, 1997. Ralph T. Hudgens Representative 24th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph Hudgens, who on oath deposes and says that he is the Representative from the 24th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Danielsville Monitor which is the official organ of Madison County, on the following date: March 7, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ RALPH HUDGENS Representative, 24th District Sworn to and subscribed before me, this 12th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. BIBB COUNTY CIVIL SERVICE SYSTEM. No. 239 (House Bill No. 994). AN ACT To change certain provisions creating the Civil Service System and Board of Bibb County pursuant to an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, approved March 9, 1955 (Ga. L. 1955, p. 682), which amendment was continued in force and effect pursuant to an ordinance adopted by the governing authority of Bibb County pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia, adopted August 5, 1988 (Ga. L. 1988, p. 5122), as amended, so as to change the definition of a certain term; to change the provisions relating to the hearing of appeals and complaints respecting the administrative work of the secretary; to change the provisions relating to the unclassified service and the classified service; to change the provisions relating to demotions; to change the provisions relating to suspensions; to change the provisions relating to layofs and leaves of absence without pay; to change provisions relating to dismissals; to change the provisions relating to discharges and other disciplinary actions against employees in the civil service system; to change the provisions relating to hearings and request for hearings; to change the authority of hearing officers; to change the provisions relating to evidence in hearings; to change certain hearing procedures; to provide for the appointment and compensation of hearing officers; 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 Civil Service System and Board of Bibb County created pursuant to an amendment to Article VII, Section IV, Paragraph I of the Constitution of Georgia of 1945, approved March 9, 1955 (Ga. L. 1955, p. 682), which

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amendment was continued in force and effect pursuant to an ordinance adopted by the governing authority of Bibb County pursuant to Article XI, Section I, Paragraph IV of the Constitution of the State of Georgia, adopted August 5, 1988 (Ga. L. 1988, p. 5122), as amended, is amended by striking in its entirety paragraph (9) of Part 2 and inserting in lieu thereof a new paragraph (9) to read as follows: (9) `Hearing officer' means an attorney appointed by the board in consultation with the secretary to serve as the hearing officer in accordance with Parts 19A, 19B, 19C, and 19D of this Act. SECTION 2. Said Act is further amended by striking in its entirety paragraph (b) of subsection (5) of Part 3 and inserting in lieu thereof a new paragraph (b) to read as follows: (b) To hear and determine appeals and complaints respecting the administrative work of the secretary filed with the board by any appointing authority or classified employee and such other matters as may be filed with the secretary, except that matters for which a hearing is allowed under Part 19A of this Act shall be heard and determined by a hearing officer. SECTION 3. Said Act is further amended by adding at the end of Part 5 the following: (g) All courthouse security personnel, except deputy sheriffs certified by the Georgia Peace Officer Standards and Training Council provided for in Chapter 8 of Title 35 of the O.C.G.A. SECTION 4. Said Act is further amended by striking Part 16 in its entirety and inserting in lieu thereof a new Part 16 to read as follows: Part 16. DEMOTIONS. An appointing authority may, in accordance with the rules and regulations established by the board, demote for cause a classified employee under the appointing authority's jurisdiction from a position in one class to a position in a lower class. The appointing authority must first give the classified employee notice of the proposed action, the reason for the proposed action, an explanation of the supporting evidence, and an opportunity to be heard. Thereafter, the appointing authority may proceed with the demotion, but only after the employee and the secretary have been notified in writing of such contemplated action. When, and only when, such demotion results in a reduction in prestige, responsibility, and pay, such employee so demoted shall have the right to

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appeal such demotion under the provisions of Parts 19A, 19B, and 19C of this Act. Any such appeal shall be heard and determined by a hearing officer who can then approve such demotion or reinstate the employee to his or her former position if, in his or her opinion, the demotion is not justified. SECTION 5. Said Act is further amended by striking Part 17 in its entirety and inserting in lieu thereof a new Part 17 to read as follows: Part 17. SUSPENSIONS. An appointing authority may, in accordance with the rules and regulations established by the board, upon giving written notice to an employee and the secretary, suspend a classified employee for disciplinary purposes without pay for a period not to exceed 30 days in any 12 month period. The appointing authority must first give the classified employee notice of the proposed action, the reason for the proposed action, an explanation of the supporting evidence, and an opportunity to be heard. Thereafter, the appointing authority may proceed with the suspension, but only after the employee and the secretary have been notified in writing of such contemplated action. Any employee so suspended shall have the right to appeal the suspension under the provisions of Parts 19A, 19B, and 19C of this Act. A hearing officer shall hear and determine the appeal and may approve the suspension or modify the suspension if, in his or her opinion, the suspension is not justified. SECTION 6. Said Act is further amended by striking Part 18 in its entirety and inserting in lieu thereof a new Part 18 to read as follows: Part 18. LAYOFF AND LEAVE OF ABSENCE WITHOUT PAY. An appointing authority may lay off a classified employee whenever he or she deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind, the appointing authority shall, before the effective date thereof, give written notice of this contemplated action to the employee involved and to the secretary. Any person who has been appointed to a position in the classified service, or who shall have attained civil service status under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this part shall have his or her name placed on an appropriate reemployment register. SECTION 7. Said Act is further amended by striking Part 19 in its entirety and inserting in lieu thereof a new Part 19 to read as follows:

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Part 19. REMOVAL. Any appointing authority may discharge a classified employee for cause. The appointing authority must first give the classified employee notice of the proposed action, the reason for the proposed action, an explanation of the supporting evidence, and an opportunity to be heard. Thereafter, the appointing authority may proceed with the discharge, but only after providing the employee to be discharged and the secretary written notice of the discharge and a detailed explanation of the reasons for the discharge before the effective date of the discharge. Willful violation of the rules and regulations established by the appointing authority for employees under his or her direction, conduct unbecoming to an officer, and disobedience to the lawful order of a superior officer shall each be considered just cause for discharge. Such action of the appointing authority shall be final, except the hearing officer may reinstate a classified employee so discharged in case it appears after proper hearing that the discharge was made for political or religious reasons or otherwise not justified. The hearing officer, after proper investigation of the circumstances surrounding the discharge and the fairness thereof, may approve the transfer or reemployment of the employee involved to the same position or to a lower position as the hearing officer may direct; provided, however, that the hearing officer within 30 calendar days from any action discharging, demoting, or suspending any classified employee may, on his or her own motion or on the motion of any party, reopen the case and vacate, modify, or revise his or her former order so as to lessen, but not so as to increase, the penalty imposed; but at the end of such 30 day period, the hearing officer shall not have the authority to reopen such case for any cause. SECTION 8. Said Act is further amended by striking in its entirely subsection (1) of Part 19A and inserting in lieu thereof a new subsection (1) to read as follows: (1) An employee in the classified service is entitled to request a hearing before a hearing officer when the employee has been the subject of disciplinary action resulting in the employee's suspension, demotion, or discharge. The issues that may be heard and determined by the hearing officer are: (A) Whether the employee is guilty of the charges that are the basis for the disciplinary action; and (B) Whether the disciplinary action imposed by an appointing authority is appropriate. SECTION 9. Said Act is further amended by striking Part 19B in its entirely and inserting in lieu thereof a new Part 19B to read as follows:

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Part 19B. REQUEST FOR HEARING. (1) Time-of-Filing. An employee seeking a hearing must file a request for hearing with the secretary within ten working days of the adverse action taken against the employee. (2) Contents of request. The request for hearing shall contain a statement describing what is being appealed and the request shall be on a form provided by the secretary. (3) Referral to hearing officer. Within five working days after receipt of the request for hearing, the secretary will refer the request for hearing to a hearing officer who will determine if the case is appealable and properly filed. If the request for hearing has been properly filed, the hearing officer will notify the employee of the date, time, and place of the appeal hearing which shall be no later than 15 working days after receipt of the request for hearing by the secretary, except that for good cause the hearing officer may continue a hearing for up to an additional 30 days. The hearing officer will also notify the appointing authority and his or her attorney of the date, time, and place of the appeal hearing. The hearing will be conducted in accordance with the procedures set forth in Part 19C of this Act. SECTION 10. Said Act is further amended by striking Part 19C in its entirety and inserting in lieu thereof a new Part 19C to read as follows: Part 19C. HEARINGS. (1) Conduct of hearings. Hearings shall be conducted before a hearing officer who shall carry out the hearing and all prehearing and posthearing procedures in accordance with this part. The hearing officer shall: (A) Administer oaths and affirmations; (B) Regulate the course of the hearing; (C) Set the time and place for any prehearing conferences and continued hearings; (D) Fix the time for filing written arguments; (E) Dispose of any motions made by the parties; (F) Provide, where he or she deems appropriate under the provisions of subsection (3) of this part, the taking of testimony by deposition, interrogatories, or other written statements;

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(G) Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in his or her presence; (H) Make informal disposition of any case by stipulation, agreed settlement, consent order, or default, if appropriate and not otherwise precluded by law; (I) Require the attendance of witnesses. Employees of the Bibb County Sheriff's Department appearing as witnesses shall be released from their duty without loss of pay or time and without effect on their service rating. An employee who is so designated as a witness by either the appointing authority or the employee who sought the hearing may be disciplined for failure to appear at the hearing. No person shall directly or indirectly use or threaten to use any official authority or other influence which would tend to discourage a person from testifying; and (J) Arrange a prehearing conference for the purpose of reviewing the matter being appealed and establishing stipulations and agreements to expedite the hearing. (2) Hearings procedure. In the hearing of a matter, proceedings shall be informal but orderly. The following procedures shall prevail: (A) The hearing officer shall open the hearing by explaining the procedure to be followed in the hearing. At the direction of the hearing officer, any or all witnesses may be sequestered; (B) The hearing officer shall read or cause to be read the charges and specifications as contained in the employee request for hearing form; (C) The stipulations as to any facts not in dispute shall be entered into the record; (D) Each party shall be given the opportunity to make a brief opening statement identifying the issues and stating what is to be proven; (E) All witnesses shall testify under oath or affirmation; (F) Each party may conduct such examination of the witnesses as shall be required for a full and true disclosure of the facts. This includes the right to cross-examine witnesses adverse to any party's position. In addition, the hearing officer may examine the witnesses; (G) Official notice may be taken of facts generally recognized by the public. In addition, official notice may be taken of technical facts within any specialized knowledge of the hearing officer. Parties shall be notified either before or during the hearing of the material

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officially noted, and they shall be afforded an opportunity to contest the material so noticed; (H) The board shall provide at its expense a certified court reporter who will take down the testimony at the hearing. In the event that the hearing officer requests that the hearing be transcribed, such transcription will be at the expense of the board. In the event that either of the parties requests that the hearing be transcribed, such transcription cost shall be at the expense of the party so requesting the transcript; (I) An employee may represent himself or herself at the hearing or he or she may retain the services of an attorney to represent the employee at the hearing. In the event that the employee does retain the services of an attorney to represent him or her, the board will reimburse the employee for said employee's attorney's fees and expenses in an amount not greater than $500.00; (J) Before closing the hearing, the hearing officer shall allow both parties, or their respective attorneys, the opportunity to make brief oral or written closing arguments; (K) The hearing officer shall decide the case and shall, within 15 working days from receipt of the transcript of the hearing, issue a written decision with findings of fact and reasons for his or her decision; provided, however, that for good cause, the hearing officer may extend the time for rendering a decision for an additional 15 working days. The hearing officer's decision shall be immediately transmitted to all parties and their counsel. The hearing officer's decision may be appealed to the Superior Court of Bibb County by petition for certiorari; and (L) The hearing shall be open to the public as required by law. However, the hearing may be closed at the request of the employee. Likewise, any documentary and other evidence shall be available for public inspection as required by law. (3) Evidentiary rules for hearings. With respect to all hearings before the hearing officer, the following rules regarding evidence shall govern: (A) Formal, legal rules of evidence shall not be strictly applied. Evidence may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The hearing officer shall follow the Georgia Rules of Evidence regarding privileges recognized by state law; (B) Irrelevant, immaterial, or unduly repetitious evidence may be excluded. Objections to evidentiary offers shall be made and ruled upon by the hearing officer;

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(C) When a hearing will be expedited and the interest of the parties will not be prejudiced thereby, any part of the evidence may be received in written form, including but not limited to the use of depositions, interrogatories, affidavits, or written statements; (D) The burden of proof shall be on the person requesting the hearing. That person shall have the right to open and conclude; (E) Documentary evidence may be received in the form of copies. However, upon request and at the discretion of the hearing officer, parties shall be given the opportunity to compare the copy with the original document; and (F) The hearing officer's decision shall be supported by substantial evidence. Substantial evidence is that degree of relevant evidence that a reasonable mind, considering the record as a whole, might accept as adequate to support a conclusion that the matter asserted is true. SECTION 11. Said Act is further amended by adding between Part 19C and Part 20 a new Part 19D to read as follows: Part 19D. APPOINTMENT AND COMPENSATION OF HEARING OFFICERS. The board, in consultation with the secretary, shall select an independent, impartial person who has been a member of the State Bar of Georgia for at least ten years to serve as hearing officer in matters for which a hearing is allowed under Part 19A of this Act. SECTION 12. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, BIBB COUNTY NOTICE OF PROPOSED LEGISLATION Please take notice that a bill to amend the Bibb County Civil Service System (1956 Ga. Laws, p. 682; Ga. Const. Art. VII, Sec. IV, Par. 1; Bibb County Code, Related Laws, Secs. 3-1 through 3-28) will be introduced during the 1997 Session of the Georgia General Assembly. This 18th day of February, 1997 s/Sherriff Robbie Johnson by Susan S. Cole/Atty. Bibb County Law Enforcement Center 448 Oglethorpe Street Macon, Georgia 31981
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall, who on oath deposes and says that he is the Representative from the 127th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph, which is the official organ of Bibb County, on the following date: February 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WILLIAM C. RANDALL Representative, 127th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997.

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CHATHAM COUNTY SUPERIOR COURT; JUDGES; SALARY SUPPLEMENTS; EASTERN JUDICIAL CIRCUIT. No. 240 (House Bill No. 1005). AN ACT To amend an Act authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 5, 1993 (Ga. L. 1993, p. 4568), so as to provide for an additional supplement to the salary of the chief judge of the Eastern Judicial Circuit; to provide for an additional supplement for each superior court judge of the Eastern Judicial Circuit based upon prior service as a recorder's court or state court judge; to provide for cost-of-living increases in salary supplements of superior court judges of the Eastern 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 authorizing the governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the superior courts of the Eastern Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p. 548), as amended by an Act approved April 5, 1993 (Ga. L. 1993, p. 4568), 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 governing authority of Chatham County is authorized to supplement the salary of each judge of the superior courts of the Eastern Judicial Circuit in an amount determined within the discretion of said governing authority, but in no event shall said supplement be less than $20,000.00 per annum for each said judge. (b) The salary supplement provided for in subsection (a) of this section shall be in addition to the $5,000.00 per annum paid by Chatham County to the judges of the superior courts of the Eastern Judicial Circuit pursuant to the constitutional amendment proposed by the General Assembly in 1927 (Ga. L. 1927, p. 111) and ratified on November 6, 1928. (c) The salary supplement paid to judges of the superior courts of the Eastern Judicial Circuit pursuant to subsection (a) of this section and the salary paid to said judges as provided by subsection (b) of this section shall be in addtion to the compensation, salary, expenses, and allowances otherwise provided by, or pursuant to, law for judges of the superior courts.

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(d) In addition to the salary supplements provided for in subsections (a) through (c) of this section, the governing authority of Chatham County shall pay to each superior court judge of the Eastern Judicial Circuit an additional salary supplement of not less than $1,000.00 per annum for each four years of prior service once such judge has completed at least eight years of prior service as a full-time judge of the Recorder's Court of Chatham County, the Probate Court of Chatham County, the State Court of Chatham County, the Superior Court of the Eastern Judicial Circuit, or any combination thereof. (e) In addition to the salary supplements provided for in subsections (a) through (d) of this section, the governing authority of Chatham County shall pay to the chief judge of the Eastern Judicial Circuit an additional salary supplement of not less than $2,000.00 per annum as additional compensation for performing the duties incumbent upon a chief judge which shall not be reduced during the term of his or her service as chief judge and shall not be considered as salary of a superior court judge for the purpose of computing any other compensation. (f) The governing authority of Chatham County shall grant to each judge of the superior courts of the Eastern Judicial Circuit the same percentage increases in the salary supplements provided for in this section that it grants as cost-of-living increases to the salaries of employees of Chatham County. Such percentage increases shall be granted at the same time that cost-of-living increases are granted by the governing authority to employees of Chatham County. (g) Salary supplements provided for or authorized by this Act shall be paid to each of the judges of the superior courts of the Eastern Judicial Circuit in equal monthly installments and charged to court expenses of Chatham County. SECTION 2. This Act shall become effective on January 1, 1998, or, if the provisions of Code Section 1-3-4.1 of the O.C.G.A. which provide that no Act providing for an increase in expenditures by or loss of revenue to counties and municipalities of Georgia shall be effective until the first day of January following passage of the Act are amended or repealed such that this Act may become effective on an earlier date, this Act shall become effective on the first day of the first month following its approval by the Governor or its becoming law with 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 1997 session of the General Assembly of Georgia a bill to amend an Act authorizing the

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governing authority of Chatham County to provide an additional supplement to the salaries of each of the judges of the Superior Courts of the Eastern Judicial Circuit, approved April 6, 1981 (Ga. L. 1981, p 548), as amended by an Act approved April 5, 1993 (Ga. L. 1993, p. 4568), so as to provide for an additional supplement to the salary of the Chief Judge of the Eastern Judicial Circuit; to provide for an additional supplement for each Superior Court Judge of the Eastern Judicial Circuit based upon prior service as a Recorder's Court or State Court Judge; to provide for cost-of-living increases in salary supplements of Superior Court Judges of the Eastern Judicial Circuit; and for other purposes. This 30th day of January, 1997. Tom Bordeaux Representative 151st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Bordeaux, who on oath deposes and says that he is the Representative from the 151st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 4, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checker below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the government authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ TOM BORDEAUX Representative, 151st District Sworn to and subscribed before me, this 7th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. TALLAPOOSA JUDICIAL CIRCUITJUVENILE COURT; JUDGE; COMPENSATION; PRACTICE OF LAW; QUALIFICATIONS. No. 241 (House Bill No. 1008). AN ACT To provide a minimum annual salary for the judge of the juvenile court of the Tallapoosa Judicial Circuit; to provide for increases in such salary; to prohibit the practice of law by such judge; to provide for qualifications; 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. (a) The minimum annual salary of the judge of the juvenile court of the Tallapoosa Judicial Circuit shall be $60,000.00, payable in monthly installments from state funds and the funds of the counties encompassed by the Tallapoosa Judicial Circuit as provided by Code Section 15-11-3 of the O.C.G.A. The share of the judge's salary to be paid by each county encompassed by the Tallapoosa Judicial Circuit shall be calculated pro rata, according to the portion of the entire population of the Tallapoosa Judicial circuit residing in each county, as shown in the most recent United States decennial census. (b) On and after July 1, 1998, the minimum annual salary provided by subsection (a) of this section shall be increased by the same percentage increase as the percentage increase in minimum salaries for judges of the probate court under paragraph (2) of subsection (a) of Code Section 15-9-63 of the O.C.G.A. SECTION 2. In addition to the restrictions on the practice of law set out in subsection (g) of Code Section 15-11-3 of the O.C.G.A., it shall be unlawful for the

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judge of the juvenile court of the Tallapoosa Judicial Circuit to engage directly or indirectly in the practice of law in any court. Nothing in this Act or any other local law, however, shall be construed to prohibit any otherwise qualified person who holds another part-time judicial position from also serving as judge of the juvenile court. SECTION 3. This Act shall become effective January 1, 1998, unless Code Section 1-3-4.1 is amended in a manner which would permit this Act, which increases the expenditures of the counties encompassed by the Tallapoosa Judicial Circuit, to become effective at an earlier date, in which case this Act shall become effective July 1, 1997, or on the first day of the month following the month in which such amendment to Code Section 1-3-4.1 becomes effective, whichever is earlier. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Bills Pursuant to Section 14 of Chapter 1 of Title 28 of the O.C.G.A., notice is hereby given that there will be introduced at the regular Session of the 1997 General Assembly of Georgia, the following Bills: (1) a Bill to amend an Act creating the Board of Commissioners of Paulding County, and as amended, providing for changes in the duties and responsibilities of the chairman, meeting times, spending limits of the chairman and commission, compensation of the chairman and commission, appointment and removal of county officials and employees, budgetary allotments, financial reports, required audits, ex officio clerk of the commission, interests in contracts, and for other purposes; (2) a Bill abolishing the City of Dallas Parking Authority and transferring all assets and liabilities of said Parking Authority to the City of Dallas, Georgia, and for other purposes; (3) a Bill creating a Juvenile Court in and for those counties comprising the Tallapoosa Judicial Circuit, namely Paulding, Polk and Haralson counties, and providing for the appointment and compensation of a Judge of the Juvenile Court and of other personnel, and for other purposes. This 10th day of February, 1997. J. Glenn Richardson, Representative GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says

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that he is the Representative from the 26th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of Paulding County, on the following date: February 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GLENN RICHARDSON Representative, 26th District Sworn to and subscribed before me, this 12th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for compensation for a judge of the juvenile court for the Tallapoosa Judicial Circuit, to provide for related matters; to repeal conflicting laws, and for other purposes.

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This 13 day of February. Honorable Arthur W. Fudger, Chief Judge Honorable F. Marion Cummings Honorable W. A. Foster, III February 18, 1997 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from the 26th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard, which is the official organ of Polk County, on the following date: February 18, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GLENN RICHARDSON Representative, 26th District Sworn to and subscribed before me, this 12th day of March, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the general Assembly of Georgia a bill to provide for compensation for a judge of the juvenile court for the Tallapoosa Judicial Circuit to provide for related matters; to repeal conflicting laws; and for other purposes. This 13 day of February, 1997 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from the 26th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Haralson Gateway-Beacon, which is the official organ of Haralson County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ GLENN RICHARDSON Representative, 26th District Sworn to and subscribed before me, this 12th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997: MACON COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE AND MAGISTRATES; APPOINTMENT; VACANCIES; COMPENSATION. No. 242 (House Bill No. 1012). AN ACT To repeal an Act creating and establishing a Small Claims Court of Macon County, approved March 18, 1981 (Ga. L. 1981, p. 3120); to provide for appointment of the chief magistrate and magistrates of the Magistrate Court of Macon County by the governing authority of Macon County; to provide for filling vacancies; to provide for compensation of the chief magistrate and magistrates; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The Act creating and establishing a Small Claims Court of Macon County, approved March 18, 1981 (Ga. L. 1981, p. 3120) is repealed in its entirely effective July 1, 1997. SECTION 2. (a) Any person serving as magistrate of the Magistrate Court of Macon County on July 1, 1997, shall continue to serve as such until the expiration of his or her current term of office and until his or her successor is appointed and qualified. (b) The governing authority of Macon County shall appoint the magistrates of the Magistrate Court of Macon County, other than the chief magistrate, for a term of four years and until their successors are appointed and qualified. In the event of a vacancy in the office of said magistrates for any reason, the governing authority of Macon County shall appoint a successor to complete the unexpired term.

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(c) On and after January 1, 1998, the chief magistrate shall be compensated from county funds as provided by Code Section 15-10-23 of the O.C.G.A. Such compensation shall be paid in equal monthly installments. (d) On and after January 1, 1998, each magistrate other than the chief magistrate shall be compensated by a monthly salary to be set by resolution of the governing authority of Macon County, which salary may be supplemented by the governing authority in such amount as it may fix from time to time, but no such magistrate's compensation or supplement shall be decreased during any term of office. SECTION 3. This Act shall become effective on July 1, 1997, except that subsections (c) and (d) of Section 2 of this Act shall be effective January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the General Assembly of this State at the 1997 Session thereof, a local bill which shall set the number of Magistrates for Macon County; shall authorize the governing authority to appoint all Magistrates and set the salaries thereof, pursuant to O.C.G.A. 15-10-20 et. seq. This Notice to apply for local legislation is given pursuant to requirements of law. This 21st day of February, 1997. JON L. COOGLE, Attorney Macon County Board of Commissioners 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 the Representative from the 140th District, and further deposes and says as follows: (1) That the attached 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: February 26, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

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or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LYNMORE JAMES Representative, 140th District Sworn to and subscribed before me, this 13th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. RICHMOND COUNTY STATE COURT; FULL-TIME SOLICITOR-GENERAL. No. 243 (House Bill No. 1019). AN ACT To amend an Act creating the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to provide that the solicitor-general of the state court shall be a full-time solicitor-general; 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 Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by adding, following Section 4, a new Section 4.1 to read as follows:

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SECTION 4.1. (a) The solicitor-general of the state court shall be a full-time solicitor-general as provided in Code Section 15-18-63 of the O.C.G.A. or any statute which succeeds such Code section. (b) The solicitor-general shall not engage in the private practice of law. (c) The solicitor-general shall receive a salary of $64,000.00 per annum payable in equal monthly installments from the funds of Augusta-Richmond County. Any salary supplement heretofore enacted by Augusta-Richmond County shall continue to be applicable to the solicitor-general, and Augusta-Richmond County may enact such supplements from time to time. (d) The solicitor-general of the State Court of Richmond County holding office on the effective date of this Act shall continue in office until the expiration of the term office to which such solicitor-general was elected. 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 1997 Session of the General Assembly of Georgia an act to amend an Act to establish a City Court (State Court) in the County of Richmond (Ga. Laws 1980-81, p. 374) as amended, to provide for a full time Solicitor; to provide qualifications and salary for such full time Solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1997. JAMES S. WALL County Attorney Richmond County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Allen, who on oath deposes and says that he is the Representative from the 117th District, and further deposes and says as follows: (1) That the attached 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 27, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BEN ALLEN Representative, 117th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. PULASKI COUNTY BOARD OF EDUCATION; NONPARTISAN ELECTIONS. No. 244 (House Bill No. 1022). AN ACT To amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended, so as to provide for the nonpartisan election of members without a prior nonpartisan primary; to require submission of this Act to the United States Attorney General for certain approval; 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 Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended, is amended by striking subsection (c) of Section 1 and inserting in lieu thereof the following: (c) Each member of the board of education shall be a resident of the respective education district during the member's term of office. Each person offering for election as a member of said board shall specify the education district for which the person is offering. Each member of the board shall be elected by a majority vote of the qualified voters voting within each respective district. All members of the board shall be elected in nonpartisan elections without prior nonpartisan primaries as provided for in this Act, and otherwise in accordance with the provisions of the general election laws of this state. SECTION 2. Said Act is further amended by striking subsections (a), (b), (c), and (d) of Section 2 and inserting in lieu thereof the following: (a) The first members elected in nonpartisan elections from education districts 2, 5, and 6 shall be elected in 1998 and shall take office on the first day of January, 1999, for terms of six years and until their successors are elected and qualified. (b) The first member elected in nonpartisan elections from education district 1 shall be elected in 2000 and shall take office on the first day of January, 2001, for a term of six years and until a successor is elected and qualified. (c) The first members elected in nonpartisan elections from education districts 3, 4, and 7 shall be elected in 2002 and shall take office on the first day of January, 2003, for terms of six years and until their successors are elected and qualified. (d) Successors to the members of the Board of Education of Pulaski County elected under subsections (a), (b), and (c) of this section and future successors shall be elected at nonpartisan elections, without prior nonpartisan primaries, held immediately preceding the expiration of their respective terms of office, as provided in Section 3 of this Act, and shall take office on the first day of January immediately following their election for terms of six years and until their successors are elected and qualified. SECTION 3. Said Act is further amended by striking Section 3 and inserting in lieu thereof the following:

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SECTION 3. The nonpartisan elections provided for in Section 2 of this Act shall be held on the same dates as the general state-wide election conducted immediately prior to the expiration of the respective terms of office. Each member of the board of education shall be elected at said nonpartisan elections subject to the procedures for nonpartisan elections provided in the applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the `Georgia Election Code.' SECTION 4. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney for the board of education of Pulaski County 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 1997 session of the General Assembly of Georgia a bill to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating provisions of law relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended; and for other purposes. This 7th day of March, 1997. Johnny Floyd Representative, 138th 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 the Representative from the 138th District, and further deposes and says as follows: (1) That the attached 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: March 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JOHNNY FLOYD Representative, 138th District Sworn to and subscribed before me, this 13th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. CRISP COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 245 (House Bill No. 1023). AN ACT To provide a homestead exemption from certain Crisp County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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:

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(1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Crisp County School District, including, but not limited to, taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. (3) Senior citizen means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of the Crisp County School District who is a senior citizen is granted an exemption on that person's homestead from all Crisp County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of that homestead. 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 Crisp County giving the person's age and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Crisp 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, 1997, has applied for and is eligible for the $2,000.00 homestead exemption from Crisp County School District ad valorem taxes for educational purposes pursuant to a local constitutional amendment (Ga. L. 1982, p. 2564), shall be eligible for the exemption granted by this

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Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Crisp County School District ad valorem taxes for educational purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Crisp County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Crisp County School District for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November, 1997, 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 Crisp 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 Crisp County School District ad valorem taxes for educational purposes for that school district in the amount of $20,000.00 of the assessed value of homesteads for residents of that school district who are 65 years of age or older? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1998. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 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 Crisp County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Crisp County School District ad valorem taxes for educational purposes in the amount of $20,000.00 of the assessed value of the homestead of certain residents of that school district; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 26th day of February, 1997. Representative Johnny Floyd 138th 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 the Representative from the 138th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cordele Dispatch, which is the official organ of Crisp County, on the following date: March 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JOHNNY FLOYD Representative, 138th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. LOWNDES COUNTY BOARD OF COMMISSIONERS; MEMBERSHIP; DISTRICTS; ELECTIONS; TERMS; QUALIFICATIONS; QUORUM; REFERENDUM. No. 246 (House Bill No. 1030). AN ACT To amend an Act creating a board of commissioners of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5073), so as to change the composition of that board and provide for districts, elections, qualifications, terms, vacancies, powers, duties, voting and quorum; to provide for submissions, a special election, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5073), is amended by striking Sections 2 and 2A thereof and inserting in their places the following: SECTION 2. (a) The Board of Commissioners of Lowndes County which existed on December 31, 1998, is continued in existence, but on and after January

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1, 1999, shall consist of a chairperson elected at large from Lowndes County and six members, each of whom represents a commissioner district described in subsection (d) of this section. The chairperson and any three members shall constitute a quorum. (b) The chairperson shall be the official head of the county government and chief representative of the county. The chairperson shall preside at all meetings of the board and shall have all the rights, powers, duties, and responsibilities of a member of the board of commissioners and may vote on all matters before the board. The chairperson may serve as a member of boards, commissions, and committees required by law or requested by the board and shall perform such other duties as may be required by law. (c) The members representing each of the six commissioner districts shall have all the rights, duties, powers, and responsibilities imposed upon county commissioners by the laws of the State of Georgia. (d) For purposes of electing members of the board of commissioners, other than the chairperson, Lowndes County is divided into six commissioner districts. One member of the board shall be elected from each such district. The six commissioner districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as Operator: local Client: lowndes Plan: lowndes97. (e) 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 Lowndes County 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 Lowndes County 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. Except as other wise provided in the description of any commissioner district, whenever the description of such 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. (f) 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 applicable to that office. (g) In order to be elected as a member of the board from a commissioner district, a person must reside in that district at the time such

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person qualifies as a candidate for such district and must receive the number of 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 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. (h) The member of the board who is chairperson of the board may reside anywhere within Lowndes County and must receive the number of votes cast for that office, as required by general law, in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall thereupon become vacant. SECTION 2A. (a) The chairperson and those members of the board who were elected in 1996 as members of the Board of Commissioners of Lowndes County from Districts 1, 2, and 3, under prior provisions of law, and any person selected to fill a vacancy in such office, shall continue to serve out their respective terms of office, but on and after January 1, 1999, shall be deemed to be serving as members of the board from Commissioner Districts 1, 2, and 3, respectively, as newly described in subsection (d) of Section 2 of this Act. Their terms shall expire December 31, 2000, and upon the election and qualification of their respective successors. Those successors to members of the board deemed to be serving as members from Commissioner Districts 1, 2, and 3 shall be the first members of the board elected from Commissioner Districts 1, 2, and 3, respectively, as newly described in subsection (d) of Section 2 of this Act, and they and all successors to such offices shall be elected from those Commissioner Districts 1, 2, and 3. The successors to the chairperson and to the members of the board elected from Commissioner Districts 1, 2, and 3, 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 each and until the election and qualification of their respective successors. (b) In the state-wide general election held in 1998, three additional members of the board shall be elected from Commissioner Districts 4, 5, and 6, as described in subsection (d) of Section 2 of this Act. Those members shall take office the first day of January, 1999, and serve for terms of office of four years each and until the election and qualification of their respective successors. Those and all future successors to the members of the board elected from Commissioner Districts 4, 5, and 6 whose terms of office are to expire shall be elected at the state-wide

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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 and until the election and qualification of their respective successors. (c) 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'. (d) 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, within 30 days after such occurrence the remaining members of the board shall appoint a person to fill such vacancy; or (2) If the vacancy occurs at any time prior to the time specified in paragraph (1) of this subsection, within 30 days after such occurrence the remaining members of the board shall appoint a person to fill such vacancy until a successor is elected at a special election and qualified, which special election shall be held on the same date as the state-wide general election which is first held following the date of the vacancy. Any person appointed to fill a vacancy in office pursuant to this subsection shall meet the same requirements specified for election to such office. Any person appointed to fill a vacancy under paragraph (1) of this subsection or elected to fill a vacancy under paragraph (2) of this subsection shall serve out the remainder of the unexpired term and until a successor is elected and qualified. SECTION 2. Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Commissioners of Lowndes County to submit this Act to the United States Attorney General for approval. SECTION 3. 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 in September, 1997, upon which a special election may be conducted under Code Section 21-2-540 of the O.C.G.A. and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lowndes County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall the Act be approved which changes the Lowndes County Board of Commissioners from four members to seven members? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, the provisions of Section 1 of this Act necessary for the election of the Board of Commissioners of Lowndes County in the November general election of 1998 shall become effective January 1, 1998, and the remaining provisions of Section 1 of this Act shall become effective January 1, 1999. 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 Lowndes County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. 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 become effective as provided in Section 3 of this Act. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: lowndes Plan: lowndes97 District No. 1. LOWNDES Tract: 0101. Block: 269, 270, 271, 274A, 274B, 275 Tract: 0104. Block: 101A, 101B, 166, 169, 170, 199B Tract: 0106. Block: 101A, 101B, 101C, 102A, 102B, 102C, 102D, 102E, 103, 113, 114, 115, 116, 201, 206, 207, 208, 209, 210, 211A, 211B, 213, 214, 215, 216, 217, 218, 219, 220, 221A, 221B, 221C, 221D, 222, 223, 224, 225, 226, 227, 228 Block Group: 3 Block Group: 4 Tract: 0107. Block Group: 1 Block Group: 2

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Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 311, 312, 313, 314, 315, 316, 317, 318, 322, 328, 329 Tract: 0108. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113A, 113B, 114, 116A, 117A, 117B, 118A, 118B, 119A, 119B, 120A, 120B, 120C, 121A, 121B, 121C, 122, 123, 124, 125, 126A, 126B, 127A, 127B, 128A, 128B, 129A, 129B, 130A, 130B, 131, 132, 133, 134, 199B 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, 529A, 529B, 529C, 529D, 530, 531, 532A, 532B, 533A, 533B, 534A, 534B, 535A, 535B, 536, 537, 538, 539, 540, 541, 542, 543A, 543B, 544 Tract: 0109. Block: 102, 103, 104, 105, 106, 107, 124B, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 146, 147, 148, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 212A, 214, 215, 216, 217A, 223A, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 320, 321 Tract: 0114. Block: 101A, 101B, 102, 103A, 103B, 104A, 104B, 104C, 105A, 105B, 106A, 106B, 107A, 107B, 108A, 108B, 109A, 109B, 110, 111, 112, 113, 114, 115A, 115B, 115C, 115D, 116A, 116B, 116C, 117, 199A, 199B, 301, 302, 303, 304B, 305A, 305C, 338A, 338B, 338C, 339A, 339B, 339C District No. 2 LOWNDES Tract: 0101. Block: 305A, 305B, 305C, 305D, 305E, 305F, 305G, 305H, 305J, 305K, 305L, 305M, 306, 399A, 399B Tract: 0102. Tract: 0103. Block: 201A, 201B, 201C, 201D, 201E, 201F, 201G, 201H, 201J, 201K, 201L, 201M, 202, 203A, 203B, 204A, 204B, 205, 206A, 206B, 206C, 206D, 206E, 206F, 206G, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 220A, 220B, 220C, 220D, 220E, 220F, 220G, 221A, 221B, 221C, 221D, 221E, 222A, 222B, 222C, 222D, 222E, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234A, 234B, 235, 236, 237, 238, 239, 240, 251, 252, 254A, 257A, 257B, 257C, 257D, 299A, 299B, 299C, 299D, 299E, 299F, 299H, 299J Tract: 0104.

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Block: 125A, 125B, 125C, 126, 127, 128, 129, 130, 131A, 131B, 132A, 132B, 132C, 133, 134A, 134B, 135A, 135B, 136A, 136B, 137, 138A, 138A, 139A, 139B, 140A, 140B, 141, 142A, 142B, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 199A, 201, 202, 203, 204, 205, 206, 207, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234 District No. 3 LOWNDES Tract: 0105. Block: 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 130, 131, 132, 133 Tract: 0110. Block: 202, 203, 204, 205, 206, 207, 208, 209, 210, 212, 213, 214, 215, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319 Tract: 0111. Tract: 0112. Tract: 0113. Block: 101A, 101B, 102, 103A, 103B, 103C, 104A, 104B, 105A, 105B, 106A, 106B, 106C, 107A, 107B, 108, 109C, 113, 114, 115, 201, 202, 203, 204A, 204B, 205A, 206, 207, 208, 209, 210, 211, 212, 213, 301, 302, 303, 304, 305, 306, 307, 308, 309, 412, 413, 414, 415, 416, 417 Tract: 0114. Block: 310A, 311, 401A, 401B, 401C, 420A, 420B, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 445, 446, 447, 499, 499, 499, 499, 503A, 504A, 505A, 506A District No. 4 LOWNDES Tract: 0105. Block: 101, 102, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 134, 135 Tract: 0109. Block: 101, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124A, 125, 126, 127, 140, 141, 142, 143, 144, 145, 211, 212B, 213, 217B, 218, 219, 220, 221, 222, 223B, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336A, 336B, 337A, 337B, 338, 339, 340, 341, 342A, 342B, 343A, 343B, 344A, 344B, 345, 346A, 346B, 346C, 347A, 347B, 347C, 348, 349, 350, 351 Tract: 0110.

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Block Group: 1 Block: 201, 211, 216, 217, 301, 302, 303, 304, 305, 306, 307, 308, 309, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343 Block Group: 4 Tract: 0113. Block: 109A, 109B, 109D, 110, 111A, 111B, 112A, 112B, 116A, 116B, 117, 205B, 310, 311, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427 Block Group: 5 Block Group: 6 Block Group: 7 Tract: 0114. Block: 306A, 306B, 306C, 307, 308, 309A, 309B, 309C, 402A, 402B, 403A, 403B, 403C, 403D, 403E, 403F, 404, 405A, 405B, 405C, 405D, 405E, 405F, 406, 407A, 407B, 408, 409A, 409B, 410, 411, 412, 413A, 413B, 413C, 414A, 414B, 415A, 415B, 416, 417A, 417B, 417C, 418, 419, 438, 439, 440A, 440B, 441, 442, 443, 444 District No. 5 LOWNDES Tract: 0107. Block: 310, 319, 320, 321, 323, 324, 325, 326, 327, 399 Tract: 0108. Block: 115A, 115B, 116B, 135, 136, 137, 199A, 199C, 545, 546A, 546B, 547, 548, 549A, 549B, 549C, 549D, 550A, 550B, 551, 599 Tract: 0114. Block: 118, 119, 120, 121, 122A, 122B, 123A, 123B, 124A, 124B Block Group: 2 Block: 304A, 304C, 305B, 305D, 310B, 312, 313, 314, 315, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 340, 399A, 399B, 399C, 399D, 399E, 501, 502, 503B, 504B, 505B, 506B, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 565, 566, 567, 568, 569, 570, 571, 572, 573, 574, 575, 576, 577, 578, 579, 580, 581, 582, 583, 584, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 599A, 599B, 599C, 599D, 599E, 599F, 599G, 599H, 599J, 599K, 599L, 599M, 599N, 599P, 599R

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Block Group: 6 Tract: 0115. Tract: 0116.98 District No. 6 LOWNDES Tract: 0101. Block Group: 1 Block: 201A, 201B, 201C, 202, 203, 204, 205, 206A, 206B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233A, 233B, 233C, 234, 235, 236, 237, 238, 239, 240, 241, 242A, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 272, 273, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297A, 297B, 299A, 299B, 299C, 299D, 299E, 299F, 299G, 299H, 301, 302, 303, 304, 307, 308, 399C, 399D Tract: 0103. Block Group: 1 Block: 241A, 241B, 241C, 241D, 242, 243, 244, 245, 246, 247, 248A, 248B, 249, 250, 253A, 253B, 253C, 253D, 254B, 254C, 255, 256A, 256B, 299G, 299K, 299L Tract: 0104. Block: 102A, 102B, 103A, 103B, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 118, 119, 120, 121, 122A, 122B, 122C, 123A, 123B, 124A, 124B, 160, 161, 162, 163, 164, 165, 167, 168, 208, 209, 210, 211, 212, 213, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244 Tract: 0106. Block: 104, 105A, 105B, 105C, 106, 107, 108, 109A, 109B, 109C, 109D, 110, 111, 112, 202, 203, 204, 205, 212, 299, 299 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Lowndes County, approved February 12, 1945 (Ga. L. 1945, p. 639), as amended, particularly by an Act approved April 13, 1994 (Ga. L. 1994, p. 5073); and for other purposes. This 6 day of March, 1997 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tim Golden, who on oath deposes and says that

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he is the Representative from the 177th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Valdosta Daily Times, which is the official organ of Lowndes County, on the following date: March 9, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TIM GOLDEN Representative, 177th District Sworn to and subscribed before me, this 12th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. CHATHAM COUNTY BOARD OF COMMISSIONERS; COUNTY ATTORNEY. No. 247 (House Bill No. 1035). AN ACT To amend an Act completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, so as to provide for the option of an in-house county attorney; 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 completely revising the laws relative to the governing authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 5050), as amended, is amended by striking in their entirety Section 19 and Section 20 and inserting new Section 19 and Section 20 to read as follows: SECTION 19. County attorney; appointment, removal, and qualifications. There shall be a county attorney who shall be nominated by the chairperson of the board of commissioners and elected by a majority vote of the total membership of the board of commissioners but, in the event the board of commissioners does not so appoint a county attorney within 120 days after the office shall become vacant, the board of commissioners may proceed to elect, by a two-thirds' vote of its total membership, a county attorney who was not nominated by the chairperson of the board of commissioners. The county attorney may be removed by a two-thirds' vote of the total membership of the board of commissioners. The county attorney shall be a member of the State Bar of Georgia in good standing with at least five years of experience in the practice of law. The office of county attorney may be a full-time position if so provided by a majority vote of the board of commissioners. SECTION 20. County attorney; compensation and disclosure. (a) The county attorney shall receive such compensation as shall be fixed by the board of commissioners. (b) The county attorney, if not a full-time position, shall file a report annually with the clerk of the board of commissioners disclosing all compensation and fees received, directly and indirectly, by said officer during the immediately preceding calendar year for any service rendered in the capacity of county attorney. Such reports shall be filed by April 1 of each year with the first such report being filed by April 1, 1986, covering compensation and fees received during calendar year 1985. The clerk of the board of commissioners shall maintain a file of the disclosure reports of the county attorney and such reports shall be available for public inspection at reasonable hours. SECTION 2. All laws and parts of laws in conflict with this Act are repealed.

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State of Georgia County of Chatham Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an Act relating to the Governing Authority of Chatham County, approved March 29, 1984 (Ga. L. 1984, p. 2050), as amended, so as to authorize the Commissioners of said County to create an In-House County Attorney Dept., to provide for other relating matters; and for other purposes. This 29th day of February, 1997. Billy B. Meir Chatham County Commission 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 the Representative from the 152nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 28, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the afffected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply becaue the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ ANNE MUELLER Representative, 152nd District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. TOWNS COUNTY RECREATION AUTHORITY CREATION. No. 248 (House Bill No. 1040). AN ACT To create the Towns 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 Towns County Recreation Authority Act.

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SECTION 2. Towns County Recreation Authority. (a) There is created a public body corporate and politic to be known as the Towns 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 seven members to be appointed by the Board of Commissioners of Towns County. The members shall be appointed for terms of office of four years, provided that the initial appointments by the Board of Commissioners of Towns County shall be three members for terms of four years, three members for terms of two years, and one member for a term of three years. A vacancy in the membership of the Authority shall be filled in the same manner as the original appointment for the unexpired term. To be eligible for appointment as a member of the Authority, a person shall be at least 21 years of age, shall be a resident of Towns 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 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) Four members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the Authority. SECTION 3. Definitions. As used in this Act, the term: (1) Authority means the Towns County Recreation Authority created by this Act.

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(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 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;

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(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation, in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue, and to lease or make contracts with respect to the use of or 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. All employees shall serve at will and may be removed from office at any time by the Authority; (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

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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 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

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payment of principal and interest thereon, which may be at any bank or trust company within or without the state. 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

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temporary revenue 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 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 Towns 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 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 contracts 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 Towns 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 action.

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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 Towns 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 Towns 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 Towns 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 Towns 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 1997 session of the General Assembly of Georgia a bill to create a recreation Authority for Towns County; to provide for related matters and for other purposes. This 27th day of February, 1997. 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 the Representative from the 8th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Towns County Herald, which is the official organ of Towns County, on the following date: February 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ RALPH TWIGGS Representative, 8th District Sworn to and subscribed before me, this 18th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. CITY OF NEWTON COUNCIL; ELECTION; TERMS. No. 249 (House Bill No. 1044). AN ACT To amend an Act creating a charter for the City of Newton, approved August 20, 1906 (Ga. L. 1906, p. 940), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2555), so as to provide for the election and terms of the members of the city council; 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 charter for the City of Newton, approved August 20, 1906 (Ga. L. 1906, p. 940), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2555), is amended by striking in its entirety subsection (a) of Section 7 and inserting in lieu thereof the following: (a) The municipal elections shall be held on the Tuesday next following the first Monday in November, 1999, and biennially thereafter. At the November, 1999, election, the mayor and councilpersons representing Posts 1 and 3 shall be elected. At the November, 2001, election, the councilmembers representing Posts 2 and 4 shall be elected. The mayor and councilmembers shall serve terms of four years and until their electors are duly elected and qualified and shall take the oath of office at the first meeting in January of the year following the year of the election. The mayor and councilmembers serving on the effective date of this Act shall be the duly constituted government of the City of Newton and shall continue to serve until their successors are duly elected and qualified as provided in this Act.

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SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that will be introduced at the regular 1997 Session of the General Assembly of Georgia a Bill to amend an Act creating a charter for the City of Newton, approved August 20, 1906 (Ga. L. 190, p. 940), as amended, particularly by an Act approved March 27, 1972 (Ga. L. 1972, p. 2555); and for other purposes. This 3rd day of March, 1997. s/Frank S. Twitty, Jr. City Attorney City of Newton GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Winfred Dukes, who on oath deposes and says that he is the Representative from the 161st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Camilla Enterprise, which is the official organ of Baker County, on the following date: March 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WINFRED DUKES Representative, 161st District Sworn to and subscribed before me, this 18th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. PAULDING COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; DUTIES; SPENDING LIMITS; MEMBERSHIP; ELECTIONS; EMPLOYEES; COMPENSATION. No. 250 House Bill No. 1045). AN ACT To amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4458), an Act approved April 6, 1981 (Ga. L. 1981, p. 4279), an Act approved March 10, 1988 (Ga. L. 1988, p. 3683), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 320), so as to amend provisions relating to the duties and responsibilities of the chairperson of the board of commissioners; to amend provisions relating to the spending limits of the chairperson and board of commissioners; to provide for two additional members of the board of commissioners; to provide for certain residency requirements and a method of election; to amend the provisions concerning appointment and removal of county officials and employees; to change the compensation of the chairperson and the members of the board of commissioners; to change the number of audits required annually; to change the title of the secretary to the board of commissioners; to amend the provisions concerning budgetary allotments; to designate the executive assistant to the board of commissioners as the ex officio clerk of Paulding County; to amend the provisions concerning interests in contracts; to amend the meeting times; 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 the Board of Commissioners of Paulding County approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved March 24, 1978 (Ga. L. 1978, p. 4458) an Act approved April 6, 1981 (Ga. L. 1981, p. 4279), an Act approved March 10, 1988 (Ga. L. 1988, p. 3683), and an Act approved September 21, 1995 (Ga. L. 1995, Ex. Sess., p. 320), is amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: SECTION 2. Composition of board. (a) The commission established in this Act shall consist of five members, of which one member shall be known as chairperson and four members shall be known as commissioners. The chairperson shall be elected by a majority vote of the voters of the entire county voting at the elections provided for in this Act. The commissioners shall be elected by a majority vote of the respective commissioners districts at the elections provided for in this Act. Positions on the board shall be chairperson and Commissioner Posts 1 through 4, and all candidates for membership on the board shall designate the position for which they are offering. (b) The chairperson shall be a citizen of this state who has attained the age of 30 years and who has been a resident of Paulding County for not less than two years next preceding his or her election and shall hold no other elective public office. The chairperson shall be a full voting member of the board. (c) Members of the commission, other than the chairperson, shall be citizens of this state who have attained the age of 25 years and who have been residents of Paulding County for not less than one year next preceding their election and shall hold no other elective public office. SECTION 2. Said Act is further amended by striking Section 3 in its entirety and substituting in lieu thereof a new Section 3 to read as follows: SECTION 3. Election and term of commission members. The county shall be divided into four districts numbered one through four as set forth in the description of districts attached to this Act and made a part hereof and further identified as `Operator: local Client: paulding Plan: pauld97b.' The commissioners shall be residents of the districts which they seek to represent at the time of qualifying for office. The chairperson and commissioners shall be elected for terms of four years and until their successors are elected and qualified. The commissioner

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serving on the effective date of this Act whose term expires in 2000 shall continue to hold office until the term for which he or she was elected shall expire, and his or her successor shall be elected and qualified and shall be designated as the commissioner from Post 1 representing District 1. The commissioners from Posts 2, 3, and 4 representing Districts 2, 3, and 4 shall be elected to four-year terms at the general election in 1998 and shall serve until their successors are elected and qualified. The chairperson and the commissioner from Post 1 shall be elected to four-year terms in 2000 and shall serve until their successors are elected and qualified. Thereafter, all successors shall be elected at the general election immediately preceding the expiration of terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. SECTION 3. Said Act is further amended by striking Section 9 in its entirety and substituting in lieu thereof a new Section 9 to read as follows: SECTION 9. Meetings. The commission shall hold regular meetings at least twice monthly, such meetings to be held at a time, place, and dates as prescribed according to a schedule which shall be approved by a majority of the members of the commission, which schedule may be changed upon majority vote by the members of the commission. The schedule shall be posted and maintained in a conspicuous place available to the public outside the regular meeting place of the commission and at the office of the board of commissioners. Subject to the provisions of Code Section 50-14-1 of the O.C.G.A., such meetings shall be open to the public, and the commission may hold such additional meetings as shall be necessary when called by the chairperson or any three commissioners, provided all members of the commission shall have been notified at least one day in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public, except as otherwise provided by general law. Prior to January 1, 1999, any two commissioners or the chairperson and any one commissioner shall constitute a quorum. On and after January 1, 1999, any three commissioners of the chairperson and any two commissioners shall constitute a quorum. Prior to January 1, 1999, no official action shall be taken except upon the affirmative vote of at least two commissioners or one commissioner and the chairperson. On and after January 1, 1999, no official action shall be taken except on the affirmative vote of at least three commissioners or two commissioners and the chairperson. The chairperson shall be entitled to the same voting rights as other commissioners on questions considered by the commission.

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SECTION 4. Said Act is further amended by striking Section 10 in its entirety and inserting a new Section 10 to read as follows: SECTION 10. The chairperson. The chairperson shall be the chief executive officer of the county government. As such, the chairperson shall have the following duties and responsibilities to: (1) Supervise, direct, and control the administration of the affairs of the county; (2) Exercise those powers which are necessarily and properly incident to the chairperson's function as chief executive officer of the county government; (3) Enforce the duly adopted resolutions and ordinances of Paulding County; (4) Act pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission; (5) Make appointments and otherwise act in accordance with the authority set forth in Sections 14 and 15 of this Act; (6) Submit a budget and otherwise act in accordance with the provisions set forth in Section 19 of this Act; (7) Institute a system of allotments and otherwise act in accordance with the provisions set forth in Section 20 of this Act; (8) Preside over meetings of the commission; (9) Establish rules and regulate purchasing services for all county departments, offices, and agencies; (10) Make purchases for the county, without seeking approval of the commission and without obtaining bids, in amounts which do not exceed $25,000.00, except as provided by general law with reference to the letting of public works contracts; and (11) Act pursuant to any other power conferred upon the chairperson by this Act. SECTION 5. Said Act is further amended by striking paragraph (18) of subsection (b) of Section 11 in its entirety and inserting a a new paragraph (18) to read as follows:

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(18) To make purchases which do not exceed $50,000.00, and which, in the discretion of its members, are deemed necessary for the operation of the county, except as provided by general law relating to letting of public works contracts. SECTION 6. Said Act is further amended by striking paragraph (19) of subsection (b) of Section 11 in its entirety and substituting in lieu thereof a new paragraph (19) to read as follows: (19) To make purchases in amounts over $50,000.00; provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for four consecutive weeks in the official organ of Paulding County. After said advertising has been published, formal, sealed bids must be obtained on all purchases in excess of $50,000.00. Advertisement and the obtaining of formal, sealed bids may be dispensed with when, in the discretion of the commission, an emergency exists which will not permit a delay. In the event such an emergency is declared, the nature of the emergency and the reasons therefor shall be clearly set forth in the minutes of the commission. SECTION 7. Said Act is further amended by striking subsection (a) of Section 8 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) The chairperson shall receive an annual salary of $50,000.00. Beginning January 1, 1999, the chairperson shall receive an annual salary of $60,000.00. The other members of the commission designated as post commissioners shall each receive an annual salary of $15,000.00. All compensation provided for in this section shall be payable monthly and shall be paid from county funds. Except as otherwise provided in subsection (b) of this section, the compensation provided in this subsection shall constitute the entire compensation from all public sources to which the chairperson or either post commissioner shall be entitled. The chairperson and other commissioners shall not be entitled to any further compensation for serving on any boards or authorities by virtue of their office. SECTION 8. Said Act is further amended by striking Section 14 in its entirety and substituting in lieu thereof a new Section 14 to read as follows: SECTION 14. Appointment of county officials and employees. (a) Subject to the qualifications and limitations set out in this Act, the chairperson shall have the exclusive power and authority to appoint,

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remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of Paulding County which may now be in force or subsequently adopted, all employees and officials of the county, except the following: (1) Boards or positions created by general law; (2) Elected officers and employees under such an officer's supervision and control; and (3) The county attorney, the executive assistant to the board of commissioners, the comptroller, and department heads or chief executive officers, by whatever names designated, of the various departments of the county. (b) Subject to confirmation by a majority vote of the commission, the chairperson shall appoint the department heads or chief executive officers, by whatever names designated, of the various departments of the county, except the departments of the elected county officers of the county. Subject to confirmation by the commission, the chairperson shall also appoint the county attorney, the executive assistant to the board of commissioners, and the comptroller. (c) If the position of department head, chief executive officer, county attorney, executive assistant to the board of commissioners, or comptroller becomes vacant for any reason, the chairperson shall nominate a person to fill the vacancy and shall submit such nomination to the commission for confirmation. Should a majority of the commission fail to confirm the nominate submitted by the chairperson, the chairperson shall submit another nomination and shall continue to nominate until such vacancy is filled. Any person nominated by the chairperson to fill a vacant position must possess the minimum qualifications for such position established in the job description as approved by a majority of the commission for the vacant position. (d) The head or chief executive officer of any department, the county attorney, the executive assistant to the board of commissioners, and the comptroller shall serve at the pleasure of the commission and may be removed from office at any time by a majority vote of the commission. (e) Any person appointed comptroller of the county shall have the qualifications specified in Section 17 of this Act. (f) The compensation of all department heads or other chief executive officers, the county attorney, the executive assistant to the board of commissioners, and the comptroller appointed as provided in this section shall be fixed by a majority vote of the commission. (g) Unless subject to the civil service system of Paulding County, other employees of said county, other than the employees of elected county officers, shall be appointed and removed by the same procedures as for

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department heads or chief executive officers, as provided by subsections (b), (c), and (d) of this section. (h) The elected county officers of said county shall have the sole authority to appoint and remove the personnel within their respective offices unless such personnel are subject to the county civil service system in which case appointment and removal shall be in accordance with rules applicable to such civil service system. The compensation of such personnel shall be subject to approval by a majority vote of the commission. SECTION 9. Said Act is further amended by striking paragraph (3) of subsection (b) of Section 17 in its entirety and substituting in lieu thereof a new paragraph (3) to read as follows: (3) Make allotments of moneys appropriated and budgeted to each department, office, or agency of the county entitled to receive same. SECTION 10. Said Act is further amended by striking paragraph (8) of subsection (b) of Section 17 in its entirety and substituting in lieu thereof a new paragraph (8) to read as follows: (8) Prepare and issue annual financial reports of the operations of all county funds. SECTION 11. Said Act is further amended by striking Section 18 in its entirety and substituting in lieu thereof a new Section 18 to read as follows: SECTION 18. Records; minutes. The executive assistant to the board of commissioners shall be ex officio clerk of the commission and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders, and proceedings of the commission in chronological order. The minute books of the commission shall be open to the public for inspection at all times during the regular office hours, and certified copies of any entries in such books shall be furnished by the clerk to any person requesting same upon funds, such fee to be assessed by the commission in an amount sufficient to defray the cost of preparing same. SECTION 12. Said Act is further amended by striking Section 20 in its entirety and substituting in lieu thereof a new Section 20 to read as follows:

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SECTION 20. Expenditures by allotments. No expenditures of county funds shall be made except in accordance with the county budget as adopted and amended by the commission. The chairperson shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the comptroller and the department of finance, institute a system of annual allotments of all moneys appropriated and budgeted. SECTION 13. Said Act is further amended by striking Section 21 in its entirety and substituting in lieu thereof a new Section 21 to read as follows: SECTION 21. Audits. The commission shall, on or before July 31 annually, employ a certified public accountant for the making of an annual 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 ensuing year, pointing out any irregularities found to exist and reporting the results of such audit to the commission on an annual basis. Each annual report submitted to the commission shall be filed with the department of finance and be made available to the public for inspection as other records in such office. The commission shall cause to be published in the official public organ of Paulding County and posted at the courthouse door a statement of the financial condition of the county as of June 30 of each year. Said accountant shall transmit to the grand jury of the Superior Court of Paulding County a copy of each annual report furnished by him or her to the commission. SECTION 14. Said Act is further amended by striking Section 23 in its entirety and substituting in lieu thereof a new Section 23 to read as follows: SECTION 23. Officials not to be interested in contracts. Neither the chairperson nor any member of the commission nor any other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contract to which the county is a party, either as principal, surety, or otherwise; nor shall such an officer, or the partner, agent, servant, or employee of a firm in which such an officer is a member or by whom he

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or she is employed, purchase from or sell to the county any real or personal property, goods, or services, unless by sanction of the majority of the members of the commission or unless it is made clear that the provider of such goods, property, or services offers and will sell or provide the goods, property, or services as cheaply or more cheaply than the same can be bought elsewhere, or as otherwise provided by any general law. Any contracts made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in the county in accordance with the provisions of Code Section 36-1-14 of the O.C.G.A. SECTION 15. This Act shall become effective on January 1, 1998, or, if the provisions of Code Section 1-3-4.1 of the O.C.G.A. which provide that no Act providing for an increase in expenditures by or loss of revenue to counties and municipalities of Georgia shall be effective until the first day of January following passage of the Act are amended or repealed such that this Act may become effective on an earlier date, this Act shall become effective on the first day of the first month following its approval by the Governor or upon its becoming law with such approval. SECTION 16. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: paulding Plan: pauld97b District No. 1 PAULDING Tract: 1201. Block: 168, 169, 170, 171, 172, 173, 204, 205, 239, 240, 241, 242, 243, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285 Tract: 1202. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214A, 214B, 215, 216, 217, 218, 219, 221, 222, 223, 224, 227, 228, 229, 230, 233, 247A, 247B, 248 Tract: 1203. Block: 101, 102, 112, 145, 146A, 146B, 147, 148, 149, 150, 151, That part of Blocks 401A and 401E which lies north of U.S. Highway 278 Bypass, 401B, 401C, 401D, 401F, 401G, 401H, 402, 403A, 403B, 403C, 403D, 403E, 403F, 404A, 404B, 404D Tract: 1205.

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Block: 101A, That part of Block 101B which lies north of U.S. Highway 278 Bypass District No. 2 PAULDING Tract: 1203. Block: 226D, 341, 345, 346, 347, 348, 349, 350, 351A, 351B, 352A, 352B, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 366, 367, 368, 404C, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431 Tract: 1204. Block: 132, 133, 134, 135, 136, 137, 138, 201, 202, 203, 204, 205, 206, 207, 208, 209, 215, 216, 219, 220, 221, 222, 223, 224, 225, 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 Block Group: 3 Tract: 1205. Block: 205, 206, 207, 208, 212, 239, 240, 241, 242, 243 Block Group: 4 Tract: 1206.98 Block: 312, 313A, 313B, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 401, 402, 405, 421A, 423, 424A District No. 3 PAULDING Tract: 1202. Block: 220, 225, 226, 231, 232, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243A, 243B, 244, 245, 246, 249A, 249B, 250A, 250B, 251A, 251B, 251C, 252, 253, 254A, 254B, 255 Tract: 1203. Block: That part of Blocks 401A and 401E which lies south of U.S. Highway 278 Bypass, 432, 433, 434 Tract: 1205. Block: That part of Block 101B which lies south of U.S. Highway 278 Bypass, 102, 103, 104A, 104B, 105A, 105B, 105C, 106A, 106B, 106C, 107A, 107B, 108A, 108B, 108C, 109A, 109B, 109C, 109D, 109E, 110, 111, Block: 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122A, 122B, 122C, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133A, 133B, 134, 135, 136, 137, 138A,

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138B, 139A, 139B, 140A, 140B, 141, 142, 201, 202, 203, 204, 209, 210, 211, 213, 214, 215, 216A, 216B, 217, 218, 219A, 219B, 219C, 219D, 220, 221, 222, 223A, 223B, 224A, 224B, 225, 226A, 226B, 227A, 227B, 228, 229A, 229B, 230, 231A, 231B, 232A, 232B, 233A, 233B, 234, 235A, 235B, 236A, 236B, 237A, 237B, 237C, 237D, 238, 244A, 244B, 245A, 245B Block Group: 3 Tract: 1206.98 Block Group: 1 Block Group: 2 Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 403, 406, 407, 408, 409A, 410, 411, 412, 413A, 414A, 414B, 420A District No. 4 PAULDING Tract: 1201. Block: 101, 102, 103, 104A, 104B, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184A, 184B, 185, 186, 187A, 187B, 188A, 188B, 189, 190A, 190B, 191A, 191B, 192, 193, 194, 195, 196, 197, 201, 202, 203, 206, 207, 208, 209, 210, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215A, 215B, 216A, 216B, 216C, 217A, 217B, 218, 219, 220, 221, 222, 223A, 223B, 224A, 224B, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 244, 245, 246, 247, 272, 273, 274, 286, 287, 288A, 288B, 289A, 289B, 290A, 290B, 291A, 291B, 292, 293A, 293B, 293C, 294, 295, 296, 297 Tract: 1203. Block: 103, 104, 105A, 105B, 106, 107, 108, 109, 110, 111, 113A, 113B, 113C, 114A, 114B, 115A, 115B, 116A, 116B, 117, 118, 119A, 119B, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139A, 139B, 140, 141, 142, 143A, 143B, 143C, 144A, 144B, 144C, 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, 226A, 226B, 226C, 227, 228, 229, 230, 231, 232, 233, 234, 235, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311A, 311B, 312, 313, 314, 315A, 315B, 316A, 316B, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 330A,

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330B, 330C, 330D, 331, 332, 333, 334, 335, 336, 337A, 337B, 337C, 338A, 338B, 338C, 339A, 339B, 340A, 340B, 340C, 340D, 342A, 342B, 342C, 343A, 343B, 344A, 344B, 364, 365, 369, 370, 371, 372, 373, 374, 375 Tract: 1204. Block: 101A, 101B, 102A, 102B, 102C, 103A, 103B, 104, 105, 106, 107, 108, 109, 110A, 110B, 111A, 111B, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 210, 211, 212, 213, 214, 217, 218, 226 March 14, 1997 Speaker Thomas B. Murphy Senator Nathan Dean Representative Glenn Richardson State Capital Atlanta, Georgia 30334 RE: Proposed Local Legislation Amending Act Creating Paulding County Board of Commissioners Dear Speaker Murphy, Senator Dean Representative Richardson; We have read and reviewed the proposed local legislation; copy of which is attached hereto. Please accept this letter as our statement of support and agreement as to its content and introduction in the Georgia General Assembly. Commissioner Mike Pope wishes to express his concern with section one and two relating to the election of commissioners by district. As always, thank you for your assistance as we make these positive changes. Sincerely, s/Bill Carruth, Chairman s/Mike Pope, Post I s/Roger Leggett, Post II attachment Notice Of Intention To Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, so as to amend provisions relating to the duties and responsibilities of the chairman of the board of commissioners;

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to amend provisions relating to the spending limits of the chairman and board of commissioners; to provide for two additional members of the board of commissioners; to provide for certain residency requirements and a method of election of members of said board; to amend the provisions concerning appointment and removal of county officials and employees; to change the compensation of the chairman and the members of the board of commissioners; and for other purposes. This 7th day of March, 1997. Glenn Richardson Representative 26th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn Richardson, who on oath deposes and says that he is the Representative from the 26th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of Paulding County, on the following date: March 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code-Section 28-1-14.1. s/ GLENN RICHARDSON Representative, 26th District
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Sworn to and subscribed before me, this 17th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. BANKS COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 251 (House Bill No. 1051). AN ACT To amend an Act creating the Banks County board of commissioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4532), so as to change the compensation of the chairman and other members of the board of commissioners; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Banks County board of commissioners, approved August 19, 1916 (Ga. L. 1916, p. 349), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4532), is amended by striking subsections (a) and (b) of Section 8 and inserting in their place new subsections (a) and (b) to read as follows: (a) Until January 1, 1998, the chairman of the board of commissioners shall be compensated by an annual salary of $18,000.00. Thereafter the annual salary of the chairman shall on each of the dates set out in this subsection be increased to the amount specified for that date: January 1, 1998 $ 24,000.00 January 1, 1999 30,000.00 January 1, 2000 36,000.00 (b) Until January 1, 1998, each other member of the board of commissioners shall be compensated by an annual salary of $4,800.00. Thereafter the annual salary of each other member of the board shall on each of the dates set out in this subsection be increased to the amount specified for that date: January 1, 1998 $ 7,200.00 January 1, 1999 9,600.00

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SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to provide for increasing the salaries of the Commissioners of Banks County, Georgia; to provide for related matters; to provide for an effective date and for other purposes. This 25th day of February, 1997. Mary Jeanette Jamieson Representative 22nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Banks County News, which is the official organ of Banks County, on the following date: March 5, 1997. (2) That the laws requiring nitice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any conty, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JEANETTE JAMIESON Representative, 22nd District Sworn to and subscribed before me, this 18th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. CITY OF PATTERSON CORPORATE LIMITS. No. 252 (House Bill No. 1062). AN ACT To amend an Act providing a new charter for the City of Patterson, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, so as to change the corporate limits of the city; to provide an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Patterson, approved April 9, 1981 (Ga. L. 1981, p. 4545), as amended, is amended by striking Section 1.11 of said Act and inserting in lieu thereof a new Section 1.11 to read as follows: SECTION 1.11. Corporate boundaries. (a) The boundaries of the City of Patterson 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 legislation enacted by the General Assembly or by resolution or ordinance in the manner provided by general law. The current boundaries of the City of Patterson at all times shall be shown on a map, a written legal 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

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or Legal Description of the Corporate Limits of the City of Patterson, Georgia. Alterations in these boundaries shall be indicated by appropriate entires upon or additions to such map or legal description or both. Photographic, typed, or other copies of such map or legal description certified by the mayor shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) In addition to such boundaries as described in subsection (a) of this section, the boundaries of the city shall also include the following described territory to wit: TRACT ONE: All that tract or parcel of land, situate lying and being in Pierce County, Georgia, consisting of U.S. Hwy 84 and all its right of way extending from the Eastern City Limits of the City of Patterson, Georgia, to the Western City Limits of the City of Offerman, Georgia. TRACT TWO: All that tract or parcel of land, situate lying and being in Pierce County, Georgia, consisting of U.S. Hwy 84 and all its right of way extending from the Western City Limits of the City of Patterson, Georgia, a distance of 107 feet to the intersection of said highway with Aaron Thomas Way. TEACT THREE: All that tract or parcel of land, situate lying and being in Pierce County, Georgia, consisting of U.S. Hwy. 32 and all its right of ways extending from the Northern City limits of the City of Patterson for a distance of two (2) miles. TRACT FOUR: All that tract or parcel of land, situate lying and being in Pierce County, Georgia, consisting of Hwy 32 and all its right of way extending from the Southern City limits of the City of Patterson, Georgia, a distance of two (2) miles. (c) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier 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 1997 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Patterson, approved April 19, 1981 (Ga. L. 1981, p.

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4545), as amended, so as to change the city boundaries; to provide for related matters; and for other purposes. This 17 day of March, 1997. Representative Tommy Smith 169th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representativ from the 169th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Blackshear Times, which is the official organ of Pierce County, on the following date: March 18, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOMMY SMITH Representative, 169th District Sworn to and subscribed before me, this 18th day of March, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. LAURENS COUNTYBOARD OF EDUCATION; NONPARTISAN PRIMARIES AND ELECTIONS. No. 253 (House Bill No. 1063). AN ACT To amend an Act to provide for the election of the members of the board of education of Laurens County from single-member districts, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, so as to provide for nonpartisan elections of the members of the board of education; to provide for a certain submission; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to provide for the election of the members of the board of education of Laurens County from single-member districts, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, is amended by adding immediately following Section 2 a new Section 2A to read as follows: SECTION 2A. All members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139, as amended. SECTION 2. It shall be the duty of the board of education of Laurens County to require the attorney therefor to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act to provide for the election of the members of the board of education of Laurens County from single-member districts, approved March 18, 1996 (Ga. L. 1996, p. 3621), as amended, so as to provide for nonpartisan elections of the members of the board of education; and for other purposes. This 12th day of March, 1997. s/DuBose Porter Representative 118th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, DuBose Porter, who on oath deposes and says that he is the Representative from the 143rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Courier Herald, which is the official organ of Laurens County, on the following date: March 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ DUBOSE PORTER Representative, 143rd District Sworn to and subscribed before me, this 24th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. FORSYTH COUNTY STATE COURT; TERMS; JUDGE PRO HAC VICE; JUDICIAL ASSISTANCE. No. 254 (House Bill No. 1064). AN ACT To amend an Act creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), so as to change provisions relating to terms of court; to eliminate provisions for a judge pro hac vice; to provide for judicial assistance; 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 creating the State Court of Forsyth County, approved April 15, 1996 (Ga. L. 1996, p. 4558), is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: SECTION 5. The State Court of Forsyth County shall have terms six months in duration, to be held on the first Monday of January and the first month of July in each year. 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.

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SECTION 2. Said Act is further amended by striking Section 10 and inserting in its place a new Section 10 to read as follows: SECTION 10. The judge of the State Court of Forsyth County may request assistance under Code Section 15-1-9.1 of the O.C.G.A. in the event the judge is unable to serve or needs assistance for any reason. SECTION 3. This Act shall become effective on July 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 1997 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Forsyth County, approved April 18, 1996 (Ga. L. 1996 p. 4593), an as in change provisions relating to terms of court; to eliminate provisions for a judge pro hac vice; to provide for judicial assistance; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 16th day of March, 1997. Representative Mike A. Evans 28th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Evans, who on oath deposes and says that he is the Representative from the 28th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Forsyth County News, which is the official organ of Forsyth County, on the following date: March 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE EVANS Representative, 28th District Sworn to and subscribed before me, this 24th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. TURNER COUNTYBOARD OF ELECTIONS; CHAIRPERSON; CHIEF REGISTRAR. No. 255 (House Bill No. 1068). AN ACT To amend an Act entitled An Act to provide a board of elections for Turner County, approved March 30, 1989 (Ga. L. 1989, p. 4559), so as to provide that the chairperson of such board may be appointed as the chief registrar; 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 board of elections for Turner County, approved March 30, 1989 (Ga. L. 1989, p. 4559), is amended by strking in its entirely Section 11 and inserting in lieu thereof the following:

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SECTION 11. The chairperson of the board of elections shall be the chief executive officer of the board of elections and shall generally supervise, direct, and control the administration of the affairs of the board of elections pursuant to law and duly adopted resolutions of the board of elections. The governing authority of Turner County may appoint the chairperson as the chief registrar of the county. The board of elections shall fix and establish by appropriate resolution entered on its minutes directives governing the execution of matters within its jurisdiction. SECTION 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 1997 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide a board od elections for Turner County, approved March 30, 1989; and for other purposes. This 17 day of march, 1997. Board of Commissioners Turner County, Ga. 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 the Representative from the 157th District, and further deposes and says as follows: (1) That the attached 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: March 19, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ RAY HOLLAND Representative, 157th District Sworn to and subscribed before me, this 24th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. HOUSTON COUNTY COMMISSION ON CHILDREN AND YOUTH CREATION. No. 266 (Senate Bill No. 373). AN ACT To create the Houston County Commission on Children and Youth; to provide for a short title; to provide for findings and determinations; to provide for definitions; to provide for the creation of the commission; to provide for the membership of the commission; to provide for the organization and meetings of the commission; to provide for the purposes for which the commission is created; to provide the powers and duties of the commission; to provide that the members of the commission shall be trustees; to provide for certain exemptions from taxation, levy and sale, garnishment, and attachment; to provide the court in which the actions against the commission may be brought; to provide for construction; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Short title. This Act shall be known and may be sited as the Houston County Commission on Children and Youth Act to be known and referred to locally as Kids Journey A Partnership for our Future!

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SECTION 2. Findings. (a) It is found, determined, and declared that many of the children and youth in Houston County are facing or experiencing serious and discouraging problems which include: (1) Dropping out of school before graduation; (2) Failing in school or failing to progress in school at a satisfactory rate; (3) Teen pregnancy and motherhood; (4) Child abuse and neglect; (5) Drug use and juvenile delinquency; (6) Problems associated with idleness and unemployment for youth ages 16 to 19 years; and (7) Severe economic hardship in their families. (b) It is further found and determined that public and private agencies and institutions are less effective in mitigating the effects of these conditions on children and youth or keeping them free of these conditions because their programs are not coordinated, evaluated, and administered in a systematic manner under a single comprehensive plan to deal with these conditions. (c) It is further found and determined that the citizens of Houston County are deeply concerned about children and youth in the community experiencing these conditions and desire comprehensive and effective community efforts to prevent or mitigate these conditions in children and youth and that a comprehensive approach in that community will serve as an effective demonstration project for creating community partnerships in other communities in Georgia as called for in Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the Georgia Policy Council for Children and Families Act, and for serving children and youth. (d) Because of the findings and determinations described in subsections (a) through (c) of this section, it is further found that there is a need for the creation of a public commission to develop a comprehensive plan for public and private agencies in Houston County to deal more effectively with the children and youth exposed to or experiencing the conditions listed in subsection (a) of this section to the end that such youth will be eligible for gainful employment when they reach maturity, will be law abiding and productive adults, and will have a happy future that develops and utilizes their talents and abilities to the fullest extent possible. It is further found that such a public commission should cooperate with and assist public and private agencies in implementing and carrying out such

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comprehensive plan and in providing oversight, evaluation, and coordination of the various programs and activities of such comprehensive plan and that such public commission should exercise additional powers and duties as provided in this Act in connection with the development, implementation, and carrying out of such plan. (e) It is further found, declared, and determined that the creation of the public commission provided for in this Act and the carrying out of its corporate purposes are in all respects valied charitable and public purposes within the provisions of the Constitution of Georgia in that developing more effective methods, programs, and services to deal with the problems of the children and youth of Houston County is of vital importance to not only Houston County but also to the purposes of Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the Georgia Policy Council for Children and Families Act. SECTION 3. Definitions. Unless the context clearly requires otherwise, as used in this Act, the term: (1) Collaborative means an arrangement under which all of the agencies, institutions, and organizations in a community whose actions or inactions can affect the well-being of children, youth, and their families agree and commit themselves: (A) To a vision for successful outcomes for children, youth, and families; (B) To setting goals success for children, youth, and families; (C) To objectives to achieve these goals; (D) To strategies to achieve these objectives; (E) As independent agencies, institutions, and organizations to carry out the components of the strategies assigned to them by a comprehensive plan for serving the well-being of children, youth, and families; (F) As independent agencies, to allocate or redirect funds to cover the cost of implementing the strategy components assigned to them by the comprehensive plan for serving children, youth, and families; (G) To be individually and collectively responsible for the success or failure of these strategies; (H) To coordinate and integrate their work and share information with each other; (I) To identify and eliminate among themselves, duplication of programs and services;

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(J) To eliminate competition for funding and recognition; (K) To report their successes and failures in achieving the results expected from their programs objectively and completely; and (L) Together to adopt and carry out comprehensive and integrated annual work programs and budgets to serve children, youth, and families. (2) Commission means the Kids JourneyA Partnership for our Future! (3) Community partnership means a community partnerships that meets the specifications for community partnerships contained in Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the Georgia Policy Council for Children and Families Act. (4) Comprehensive plan means a plan that establishes a vision and goals for children, youth, and their families; measures the extent to which they fall short in meeting the goals; identifies the conditions that must be changed to help them meet these goals; specifies a coordinated and integrated system of strategies for changing these conditions and a budget to carry them out; specifies the means of implementing these strategies, and the means of managing and evaluating their performance and measuring their effectiveness in achieving the goals and objectives which have been established. (5) County means Houston County. (6) Georgia policy council means the Georgia Policy Council for Children and Families created by Article 12 of Chapter 5 of Title 49 of the O.G.G.A., the Georgia Policy Council for Children and Families Act. (7) Public agency means the Board of Commissioners of Houston County, the governing body of any municipality in the county, the Board of Education of Houston County, and any agency, board, commission, or department of the State of Georgia. SECTION 4. Houston County Commission on Children and Youth. (a) There is created a body corporate and politic to be known as the Houston County Commission on Children and Youth which shall be deemed to be an instrumentality of the state, a public corporation and a public authority, and by that name, style, and title may contract and be contracted with, sue in all courts and be sued in the Superior Court of Houston County, as provided in Section 13 of this Act. The commission shall have all the rights afforded to the state by virtue of the Constitution

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of the United States and nothing in this Act shall constitute a waiver of any such rights. The commission shall have perpetual existence. (b) The commission shall not be deemed to be a political subdivision of the state or an agency of the state. SECTION 5. Membership. (a) The commission shall be composed of 25 members which shall consist of ten by position within the community and 15 by appointment from within the community. (b) Appointments of members shall be as follows: (1) Of the community at-large members first appointed, one-half shall be appointed for an initial term of two years and one-half shall be appointed for an initial term of four years. Successors to all such members and future successors shall be appointed for terms of four years. (2) Members by virtue of position shall serve on the commission for the terms of the positions they hold and shall be replaced on the commission by their successors in these positions. (c) Members of the commission shall receive no compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. SECTION 6. Organization; meetings. (a) The organizational meeting of the commission shall be called by the chairperson of the Board of Commissioners of Houston County after all appointments to the commission have been made. At the organizational meeting, the commission shall elect from its own community member a chairperson, vice chairperson, and secretary-treasurer. The terms of office of such officers and all other matters relating to the organization and rules of procedure of the commission shall be as determined by the commission, except as otherwise provided by subsections (b) and (c) of this section. (b) One-half the members of the commission plus one shall constitute a quorum for the transaction of business. The powers and duties of the commission shall be transacted, exercised, and performed only pursuant to the affirmative vote of at least a majority of a quorum. An abstention in voting shall be considered as that member's voting in the negative on the matter before the commission. (c) The commission shall meet not less than one time each calendar month and at other times on the call of the chairperson of the commission.

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In the absence of the chairperson, the vice chairperson may call a meeting of the commission and preside at meetings thereof. In the absence of the chairperson and vice chairperson, the secretary-treasurer may call a meeting of the commission and preside at meetings thereof. The chairperson or other officer of the commission authorized to call a meeting of the commission shall call other meetings upon a written request being made by eight or more members of the commission. (d) The commission shall prepare and submit to the appointing bodies listed in subsection (a) of Section 5 of this Act at the end of each fiscal year or calendar year of the commission, an annual report outlining the work of the commission and the results achieved thereby, an annual report of the state of the children, youth and families in the community, and for the fiscal year or calendar year just ended and an independent audit of income and expenditure prepared in accordance with the requirements of Section 10 of this Act. SECTION 7. Purposes. The commission is created for the following purposes: (1) To develop and adopt a vision of success for children and their families in the community; (2) To develop and adopt a core set of goals for children, youth, and their families that deals with the conditions described in subsection (a) of Section 2 of this Act and other related conditions; (3) To develop and adopt, and from time to time amend, a comprehensive plan for Houston County to deal effectively with the problems experienced by children, youth, and families in that community in order to eliminate the conditions described in subsection (a) of Section 2 of this Act; (4) To develop and facilitate collaboration among the public and private agencies, institutions, and organizations whose actions or inactions can affect the content and effectiveness of the comprehensive plan; (5) To coordinate, evaluate, and manage the implementation and carrying out of the comprehensive plan developed by the commission under paragraph (3) of this section and to provide administrative services and assistance in implementing and carrying out this plan; (6) To contract with public and private agencies to provide programs and services to carry out the provisions of the comprehensive plan developed under paragraph (3) of this section and for the purposes of paragraph (4) of this section;

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(7) To facilitate by contract and collaboration the integration and coordination of programs and services by public and private agencies to carry out the provisions of the comprehensive plan; and (8) To ensure that the goals and comprehensive plan developed for Houston County are consistent with the purposes of Article 12 of Chapter 5 of Title 49 of the O.C.G.A., the Georgia Policy Council for Children and Families Act. SECTION 8. Powers to provide services. To the extent that services and programs for children, youth, and families needed to carry out the provisions of the comprehensive plan developed by the commission under paragraph (3) of Section 7 of this Act are not available or cannot be obtained by contract from public and private agencies, the commission shall have the power to provide such services and programs when necessary and desirable to achieve goals and objectives of the comprehensive plan. In all such instances, the commission shall seek to facilitate and expedite the transfer of responsibility for providing such services or programs to public or private agencies. SECTION 9. Powers and duties. In addition to any other powers and duties provided for by this Act and in order for the commission to carry out its purposes as described in this Act, the commission shall have the following powers and duties: (1) To have a seal and alter the same at its pleasure; (2) To acquire, hold, and dispose of in its own name by purchase, gift, lease, or exchange, on such terms and conditions and in such manner and by such instrument as it may deem proper, real and personal property of every kind, character, and description, but the commission shall not have the power to acquire any real or personal property by condemnation or eminent domain; (3) To procure insurance against loss in connection with its property and other assets of the commission; (4) To exercise the power provided by Code Section 45-9-1 of the O.C.G.A., to procure policies of liability insurance or contracts of indemnity or to formulate sound programs for self-insurance to insure or indemnify members of the commission and its officers and employees against personal liability or damages arising out of the performance of their duties or in any way connected therewith to the extent that such members, officers, or employees are not immune from much liability;

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(5) To make contracts and to execute all instruments necessary or convenient in connection therewith; (6) To adopt, alter, or repeal its own bylaws, rules, and regulations governing the manner in which its business may be transacted and in which the power granted to it may be enjoyed, as the commission may deem necessary or expedient in facilitating its business; (7) To receive, accept, and utilize gifts, grants, donations, or contributions of money, property, facilities, or services with or without consideration, from any person, firm, corporation, foundation, or other entity or from the State of Georgia or any agency, instrumentality, or political subdivision thereof or from the United States or any agency or instrumentality thereof; (8) To the extent that a contract between the commission and a public or private agency provides therefor, to act as an agent of such public or private agency in any matter coming within the purposes or powers of the commission; (9) To select, appoint, and employ professional, administrative, clerical, or other personnel and to contract for professional or other services and to allow suitable compensation for such personnel and services; (10) To do all things necessary and convenient to carry out the powers and purposes of the commission which are expressly provided for in this Act; and (11) To keep suitable and proper books and records of all receipts, income, and expenditures of every kind and obtain an annual independent audit of income and expenditures. SECTION 10. Members as trustees. The members of the commission are trustees and shall be accountable in all respects to manage the funds and expenditures and direct the policies of the commission. SECTION 11. Charitable and public functions. Because the commission will be performing valuable and charitable and public functions and purposes in the exercise of the powers conferred upon it, the commission shall not be required to pay taxes or assessments by the state or by any county, municipality, authority, or political subdivision of the state upon any real or personal property acquired by it or upon its activities in the operation or maintenance of any facility maintained or acquired by it or upon any income received by the commission. The said

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property, facilities, and income of the authority are exempt from levy and sale, garnishment, and attachment. SECTION 12. Federal taxation exemption. The commission shall apply to the federal Internal Revenue Service for exemption from federal taxation pursuant to Section 501(c) (3) of the Internal Revenue Code of 1986. SECTION 13. Actions. Any action brought against the commission shall be brought in the Superior Court of Houston County, and such court shall have exclusive original jurisdiction of such action. SECTION 14. Liberal construction. Being for the welfare of the state and its inhabitants, this Act shall be liberally construed to effect the purposes of this Act. SECTION 15. Effective date. Notwithstanding the provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 16. Repealer. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to create the Houston County Commission on Children and Youth; and for other purposes. This 21st day of February 1997 Senator Sonny Perdue 18th District GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sonny Perdue, who on oath deposes and says that he is the Senator from the 18th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Houston Times-Journal, which is the official organ of Houston County, on the following date: February 26, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ SONNY PERDUE Senator, 18th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Hilda B. Green My Commission Expires Jan. 10, 2000 (SEAL) Approved April 14, 1997.

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GILMER COUNTY BOARD OF COMMISSIONERS; MEETINGS; PURCHASING. No. 267 (Senate Bill No. 392). AN ACT To amend an Act entitled An Act to create a board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), so as to change the dates of the regular meetings of said board of commissioners; to change the provisions relating to purchasing and competitive bids; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to create a board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824), is amended by striking in its entirety Section 5 and inserting in lieu thereof the following: SECTION 5. Said board of commissioners shall hold a regular meeting for the transaction of public business pertaining to county matters which shall be held in an appropriate office of the courthouse of Gilmer County on the second and fourth Thursdays in each month of the year, but said board of commissioners may hold sessions at any time it deems proper or upon the call of the chairperson. The members of said board of commissioners shall be authorized to administer oaths and hear testimony as to all matters over which they have jurisdiction when meeting to conduct business pertaining to the county. SECTION 2. Said Act is further amended by striking in its entirety subsection (a) of Section 10 and inserting in lieu thereof the following: (a) The board of commissioners may purchase necessary machinery, tools, equipment, supplies, and services (hereinafter referred to collectively as `goods and services') for county use. All purchases of goods and services, wherein the purchase price is expected to be in excess of $5,000.00, shall be made by a sealed competitive bid. Notice of the time and place where bids will be received and opened shall be advertised in the local legal organ of the county once each week for two consecutive weeks immediately prior to the opening of such bids. Such notice shall also include a description and specifications of the item or items to be purchased. All bids shall be received in sealed envelopes. If more than one bid is received for any purchase, all such bids shall be opened and thereafter filed for two years in the office of the board of commissioners

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for public inspection. If only one bid is received for any purchase, such bid shall not be opened and the purchase shall be readvertised and new bids shall be taken. Goods and services shall be purchased from the lowest responsible bidder and in determining the lowest responsible bidder such factors as distance, past dealings, financial responsibility, expertise, and experience may be taken into consideration. This section shall not apply to the repair of goods. SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create a board of commissioners of Gilmer County, approved March 27, 1995 (Ga. L. 1995, p. 3824); and for other purposes. This 21 day of February, 1997. s/Honorable David Ralston Senator, District 51 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 the Senator from the 51st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Courier, which is the official organ of Gilmer County, on the following date: February 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DAVID RALSTON Senator, 51st District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. PIERCE COUNTY BOARD OF COMMISSIONERS; COMPENSATION; BONDS; CHAIRPERSON; VACANCIES; DUTIES. No. 268 (Senate Bill No. 397). AN ACT To amend an Act creating a Board of Commissioners of Pierce County, approved March 25, 1937 (Ga L. 1937, p 1397), as amended, so as to provide for a vacancy in the office of chairperson; to provide for additional compensation for the acting chairperson; to require the commissioners to give bond conditioned on the faithful discharge of the duties of the county commissioners; to provide for the payment for such bonds; to provide for the compensation of the chairperson and other members of the board of commissioners; to provide that the person elected and serving as the chairperson of the board of commissioners shall be the executive member of the board and shall be responsible for the daily operations of the county government; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a Board of Commissioners of Pierce County, approved March 25, 1937 (Ga L. 1937, p 1397), as amended, is amended by adding at the end of Section 3 a new paragraph to read as follows:

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Should there be a vacancy in the office of chairperson, the members of the board may elect one of such members to act as chairperson until such time that the vacancy shall be filled by special election. The board may provide additional compensation for the acting chairperson. Such compensation shall not exceed the regular compensation provided for the chairperson. SECTION 2. Said Act is further amended by striking the second paragraph of Section 5 and inserting in lieu thereof a new paragraph to read as follows: Each of the other commissioners shall, before entering upon the discharge of the duties of such office, give bond with a security company licensed to do business in this state and approved by the judge of the probate court of said county in the sum of $5,000.00 payable to the judge of the Probate Court of Pierce County and his or her successors in office and conditioned upon the faithful discharge of the duties of the county commissioners. The premiums of the security bond provided for in this section shall be paid by Pierce County out of the county's treasury. SECTION 3. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: SECTION 7. The compensation of the chairperson of the board shall be $24,000.00 per annum payable in equal monthly installments out of the funds of Pierce County. The chairperson shall receive an expense allowance to be determined by the board in it's annual budget and payable in equal monthly installments out of the funds of Pierce County. The chairperson shall be entitled to travel and lodging expenses for travel outside of Pierce County in performance of his or her official duties. The chairperson shall receive a mileage allowance for travel at the rate allowed by the Internal Revenue Service. SECTION 4. Said Act is further amended by striking Section 8 and inserting in lieu thereof a new Section 8 to read as follows: SECTION 8. The compensation of each of the members of the board other than the chairperson shall be not more than $6,000.00 annually, the exact amount to be determined by the majority vote of the Board of Commissioners of Pierce County and paid in equal monthly installments from the funds of Pierce County. The members of the board other than the chairperson shall receive an expense allowance as approved by the

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board in it's annual budget and payable in equal monthly installments out of the funds of Pierce County. The members other than the chairperson shall be entitled to travel and lodging expenses for travel outside of Pierce County while performing their official duties. Such members shall be paid a mileage allowance for travel at the rate allowed by the Internal Revenue Service. SECTION 5. Said Act is further amended by striking Section 13 and inserting in lieu thereof a new Section 13 to read as follows: SECTION 13. The person elected and serving as the chairperson of the board shall be the executive member of the board and shall be responsible for the daily operation of the county government. 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 1997 session of the General Assembly of Georgia a bill to amend an Act creating a board of commissioners of Pierce County, approved March 25, 1937 (Ga. L. 1937, p. 1397), as amended; and for other purposes. This 7th day of March, 1997 Edward E. Boshears Senator, 6th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Edward E. Boshears, who on oath deposes and says that he is the Senator from the 6th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Blackshear Times, which is the official organ of Pierce County, on the following date: March 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

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or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ EDWARD E. BOSHEARS Senator, 6th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. COWETA COUNTY BOARD OF COMMISSIONERS; COMPENSATION; CHAIRPERSON. No. 283 (Senate Bill No. 221). AN ACT To amend an Act creating a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved December 17, 1894 (Ga. L. 1894, p. 204), and an Act approved April 17, 1992 (Ga. L. 1992, p. 6506), so as to change provisions relating to the compensation of the members of the board of commissioners; to provide that the chairperson of the board of commissioners shall be elected by the members of the board; to repeal provisions relating to the compensation of the members of the board of commissioners; 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 of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved December 17, 1894 (Ga. L. 1894, p. 204), and an Act approved April 17, 1992 (Ga. L. 1992, p. 6506), is amended by striking Section 3A and inserting in its place a new Section 3A to read as follows: SECTION 3A. The compensation of the members of the Board of Commissioners of Coweta County other than the chairperson shall be $12,000.00 per annum. The compensation for the commissioner who is serving as chairperson shall be $14,000.00 per annum. SECTION 2. Said Act is further amended by adding immediately following Section 4 a new Section 4A to read as follows: SECTION 4A. (a) The person serving as chairperson of the board of commissioners on the effective date of this Act shall continue to serve in that position until a chairperson is elected pursuant to subsection (b) of this section in January 1999. (b) At its first meeting in January of each odd-numbered year, the board of commissioners shall elect one of its members to serve as chairperson of the board. The chairperson of the board of commissioners shall preside over all meetings of the board and shall have a vote on all matters before the board. At its first meeting in January of each year the board shall elect from among its number a vice chairperson to serve until the first meeting of the board in the following year. Any member shall be eligible to succeed himself or herself as chairperson or vice chairperson. The vice chairperson shall in the case of absence or disability of the chairperson assume the duties of the chairperson. SECTION 3. Said Act is further amended by striking in its entirety from the amendatory Act approved December 17, 1894 (Ga. L. 1894, p. 204) Section III, which reads as follows: SEC. III. Be it further enacted, That said Act be further amended by adding thereto the following as a new section: `Each of said commissioners shall be paid, out of the county treasury of said county, the sum of fifty dollars per annum, and in addition thereto such sum as may be recommended by the grand jury of said

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county of Coweta, such recommendations to be made annually at the spring term of the superior court.' SECTION 4. This Act shall become effective on January 1, 1998. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, The Board of Commissioners of Coweta County, Georgia, has determined that the salaries for Commissioners has not been changed in over five years; and WHEREAS, the Board has been informed that Coweta Commission members are paid significantly less than Commissioners of other similar counties. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Coweta County and it is hereby resolved by authority of the same, that the members of the Georgia General Assembly representing Coweta County are requested to introduce local legislation necessary to increase the salaries of the Board members to the sum of $14,000.00 per year for Chairman and $12,000.00 per year for other Commissioners. SO RESOLVED in open session lawfully assembled, this 7 day of January, 1997. s/Robert Wood Chairman s/James E. McGuffey s/Lawrence A. Nelmes s/Charlie F. Jones Jr. s/Vernon Hunter Attest: s/Roxie H. Clark Clerk NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended; and for other purposes. This 24th Day of January, 1997. Richard Price Georgia Senate
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rick Price, who on oath deposes and says that he is the Senator from the 28th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Newnan Times-Herald, which is the official organ of Coweta County, on the following date: January 29, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ RICK PRICE Senator, 28th District Sworn to and subscribed before me, this 5th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997. JASPER COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN PRIMARIES AND ELECTIONS; TERMS; VACANCIES. No. 285 (Senate Bill No. 235). AN ACT To amend an Act making provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), so as to change the provisions relating to the selection of subsequent chief magistrates; to provide for the term of office of the chief magistrate appointed in December, 1996; to provide for the nonpartisan nomination and election of the chief magistrate of the Magistrate Court of Jasper County; to provide for terms of office; to change the provisions relating to filling vacancies in the office of chief magistrate; 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 making provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), is amended by striking Section 2 and inserting in lieu thereof a new Section 2 to read as follows: SECTION 2. (a) The person appointed in December, 1996, as the successor to the chief magistrate of the Magistrate Court of Jasper County or any person appointed to fill a vacancy in such office shall serve for a term of office which expires on December 31, 2000. (b) At the state-wide primary and November general election conducted in 2000 and every four years thereafter, the chief magistrate of the Magistrate Court of Jasper County shall be nominated and elected by the qualified voters of Jasper 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. Said Act is further amended by striking Section 3 and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. A vacancy in the office of chief magistrate or in the office of magistrate of the Magistrate Court of Jasper County shall be filled as provided by subsection (e) of Code Section 15-10-20 of the O.C.G.A. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act making

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provisions for the Magistrate Court of Jasper County, approved March 12, 1984 (Ga. L. 1984, p. 3785), and for other purposes. This 13th day of January, 1997. Floyd Griffin, Jr. Senator, 25th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd L. Griffin, who on oath deposes and says that he is the Senator from the 25th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Monticello News, which is the official organ of Jasper County, on the following date: January 16, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ FLOYD L. GRIFFIN Senator, 25th District Sworn to and subscribed before me, this 5th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 14, 1997.

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RICHMOND COUNTY HOMESTEAD EXEMPTIONS; COUNTY AND SCHOOL DISTRICT TAXES; REFERENDUMS. No. 319 (Senate Bill No. 152). AN ACT To provide a homestead exemption from Richmond County ad valorem taxes for county purposes and a homestead exemption from Richmond County School District ad valorem taxes for residents of that county and 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 special elections for approval or disapproval; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1. For purposes of this part, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Richmond County ad valorem taxes for county purposes means all Richmond County ad valorem taxes except for ad valorem taxes levied by, for, or on behalf of the Richmond County School District and except for ad valorem taxes to retire county or 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. SECTION 2. Each resident of Richmond County who is totally disabled is granted an exemption on that person's homestead from all Richmond County ad valorem taxes for county purposes in the amount of the full value of that resident's homestead if that resident's net income for the immediately preceding taxable year does not exceed $20,000.00. SECTION 3. The tax commissioner of Richmond County or the designee thereof shall provide application forms for the exemption granted by this part and shall

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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 under this part shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Richmond County or the designee thereof in the event that such person for any reason becomes ineligible for that exemption. SECTION 5. The exemption granted by this part shall not apply to or affect any state taxes, municipal taxes, or county school district taxes for educational purposes. SECTION 6. The exemption granted by this part shall be in lieu of and not in addition to any other exemption from Richmond County ad valorem taxes for county purposes. SECTION 7. The exemption granted by this part shall apply to all taxable years beginning on or after January 1, 1998. PART II SECTION 8. 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 Richmond County for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide November general election in 1998 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall Part I of an Act be approved which provides a homestead exemption from Richmond County ad valorem taxes for county purposes, except taxes to retire bonded indebtedness, in the amount of the total value of the homestead for totally disabled residents of that county whose annual net 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, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Richmond County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. PART III SECTION 9. For purposes of this part, the term: (1) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (2) Richmond County School District ad valorem taxes means all ad valorem taxes levied by, for, or on behalf of the Richmond 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. SECTION 10. Each resident of the Richmond County School District who is totally disabled is granted an exemption on that person's homestead from all Richmond County School District ad valorem taxes in the amount of the total value of that resident's homestead if that resident's net income for the immediately preceding taxable year does not exceed $20,000.00.

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SECTION 11. The tax commissioner of Richmond County or the designee thereof shall provide application forms for the exemption granted by this part and shall require such information as may be necessary to determine the 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 12. The exemption under this part shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the tax commissioner of Richmond County or the designee thereof in the event that such person for any reason becomes ineligible for that exemption. SECTION 13. The exemption granted by this part shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. SECTION 14. The exemption granted by this part shall be in lieu of and not in addition to any other exemption from Richmond County School District ad valorem taxes. SECTION 15. The exemption granted by this part shall apply to all taxable years beginning on or after January 1, 1998. SECTION 16. 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 Richmond County for approval or rejection. The election superintendent shall conduct that election at the time of the state-wide November general election in 1998 and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Richmond County. The ballot shall have written or printed thereon the words:

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() YES () NO Shall Part III of an Act be approved which provides a homestead exemption from Richmond County School District ad valorem taxes, except taxes to retire bonded indebtedness, in the amount of the total value of the homestead for totally disabled residents of that county whose annual net 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, it shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, the remaining sections of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Richmond County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. PART IV SECTION 17. Except as otherwise provided in Parts I and III of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 18. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from Richmond County ad valorem taxes for county purposes and a homestead exemption from Richmond County School District ad valorem taxes for residents of that county, and district who are totally disabled and whose annual net income does not exceed $20,000.00, and for other purposes. This 17th day of Jan, 1997. HONORABLE DON CHEEKS Senator, 23rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Cheeks, who on oath deposes and says that

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he is the Senator from the 23rd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the The Augusta Chronicle, which is the official organ of Richmond County, on the following date: January 24, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DON CHEEKS Senator, 23rd District Sworn to and subscribed before me, this 27th day of January, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. BALDWIN COUNTY STATE COURT; SOLICITOR-GENERAL; COMPENSATION. No. 325 (Senate Bill No. 232). 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 change the compensation provisions relating to the solicitor-general of the State Court of Baldwin County; 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 county courts (now state courts) in certain designated counties of this state, approved January 19, 1872 (Ga. L. 1871-72, p. 288), as amended, is amended by striking Section 1B in its entirety and inserting in lieu thereof a new Section 1B to read as follows: SECTION 1B. (a) The judge of the State Court of Baldwin County shall receive an annual salary of $47,500.00, payable in equal monthly installments out of the funds of Baldwin County. (b) The solicitor-general of the State Court of Baldwin County shall receive an annual salary in an amount equal to 90 percent of the base salary received by the district attorney of Baldwin County as provided in paragraph (21) of subsection (a) of Code Section 45-7-4 of the O.C.G.A., as now or hereafter amended, exclusive of any county supplements received by such district attorney. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 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, including Baldwin County, approved, January 19, 1872, (Ga. L. 1871-72, p. 288), as amended; and for other purposes. This 27th day of January, 1997. Baldwin County Board of Commissioners GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Floyd L. Griffin, who on oath deposes and says

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that he is the Senator from the 25th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Union Recorder, which is the official organ of Baldwin County, on the following date: January 25, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ FLOYD L. GRIFFIN Senator, 25th District Sworn to and subscribed before me, this 6th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CITY OF DALLAS PARKING AUTHORITY ABOLISHED; PROPERTY; EMPLOYEES; LOCAL CONSTITUTIONAL AMENDMENT REPEALED; REFERENDUM. No. 332 (Senate Bill No. 327). AN ACT To repeal an Act approved February 27, 1987 (Ga. L. 1987, p. 3726), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dallas Parking Authority duly ratified at the 1972 general election (Resolution Act No. 205; House Resolution No. 644-1500; Ga. L. 1972, p. 1413) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia; to provide that the City of Dallas shall be the successor in interest to the parking authority and shall succeed to all the rights and obligations of the parking authority; to provide for employees of the parking authority to become employees of the City of Dallas; to provide the authority for this Act; to provide for a referendum; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act approved February 27, 1987 (Ga. L. 1987, p. 3726), which continued in force and effect as part of the Constitution of the State of Georgia that constitutional amendment creating the City of Dallas Parking Authority duly ratified at the 1972 general election (Resolution Act No. 205; House Resolution No. 644-1500; Ga. L. 1972, p. 1413) and proclaimed by the Governor to be a part of the Constitution of the State of Georgia is repealed in its entirety. SECTION 2. The City of Dallas Parking Authority is abolished. The City of Dallas, acting by and through its Mayor and City Council, shall be the successor in interest to the authority. The city shall succeed to all rights and obligations of the authority. Title to all real and personal property of the authority shall be vested in the city, and the city shall assume all of the liabilities of the authority as of January 1, 1999. All persons employed by the City of Dallas Parking Authority immediately prior to January 1, 1999, shall become on that date employees of the City of Dallas. SECTION 3. This Act is passed pursuant to Article XI, Section I, Paragraph IV(b) of the Constitution of the State of Georgia which authorizes the repeal of certain amendments to the Constitution which were continued in force and effect after July 1, 1987. SECTION 4. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Paulding County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Dallas for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1998, state-wide general election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks

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immediately preceding the date thereof in the official organ of the City of Dallas. The ballot shall have written or printed thereon the words: () YES () NO Shall the local constitutional amendment be repealed which provides for the City of Dallas Parking Authority? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Section 1 of this Act shall become of full force and effect on January 1, 1999. 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 the first day of January immediately following that election date. The expense of such election shall be borne by the City of Dallas. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 5. Except as otherwise provided in Section 4 of this Act, this Act shall become effective on January 1, 1998. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Notice of Intention To Introduce Local Bills Pursuant to Section 14 of Chapter 1 of Title 28 of the O.C.G.A., notice is hereby given that there will be introduced at the regular Session of the 1997 General Assembly of Georgia, the following Bills: (1) a Bill to amend an Act creating the Board of Commissioners of Paulding County, and as amended, providing for changes in the duties and responsibilities of the chairman, meeting times, spending limits of the chairman and commission, compensation of the chairman and commission, appointment and removal of county officials and employees, budgetary allotments financial reports, required audits, ex officio clerk of the commission, interests in contracts, and for other purposes; (2) a Bill abolishing the City of Dallas Parking Authority and transferring all assets and liabilities of said Parking Authority to the City of Dallas, Georgia, and for other purposes; (3) a Bill creating a Juvenile Court in and for those counties comprising the Tallapoosa Judicial Circuit, namely Paulding, Polk and Haralson counties, and providing for the appointment and compensation of a Judge of the Juvenile Court and of other personnel, and for other purposes. This 10th day of February, 1997.

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J. Glenn Richardson, Representative 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 the Senator from the 31st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dallas New Era, which is the official organ of Paulding County, on the following date: February 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ NATHAN DEAN Senator, 31st District Sworn to and subscribed before me, this 26th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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HENRY COUNTY BOARD OF EDUCATION; COMPENSATION. No. 333 (Senate Bill No. 339). AN ACT To amend an Act entitled An Act to fix the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga. L. 1958, p. 2920), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4392), so as to change the compensation of such members; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to fix the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga. L. 1958, p. 2920), as amended, particularly by an Act approved April 4, 1991 (Ga. L. 1991, p. 4392), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following: SECTION 1. Beginning of January 1, 1998, and on the first day of July every year thereafter, the compensation for the chairperson of the Board of Education of Henry County shall be set for the ensuing fiscal year. The compensation for the chairperson shall be an amount equal to 27 percent of the salary for a beginning teacher as established by the State Board of Education. The compensation for members of the board shall be an amount equal to 22 percent of the salary for a beginning teacher as established by the State Board of Education. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to fix the compensation of the members of the Board of Education of Henry County, approved March 21, 1958 (Ga.L. 1958, p. 2920), as amended, particularly by an Act approved April 4, 1991 (Ga.L. 1991, p. 4392); and for other purposes. This 14th day of February, 1997.

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MIKE CROTTS Honorable Mike Crotts Senator, District 17 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who on oath deposes and says that he is the Senator from the 17th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Henry Herald, which is the official organ of Henry County, on the following date: February 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE CROTTS Senator, 17th District Sworn to and subscribed before me, this 27th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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CLAYTON JUDICIAL CIRCUIT OFFICIAL COURT REPORTERS; COMPENSATION. No. 334 (Senate Bill No. 353). AN ACT To amend an Act providing a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4397), so as to change the compensation of the official court reporters of the Clayton 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 a salary for the official court reporter of the Clayton Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by an Act approved March 29, 1994 (Ga. L. 1994, p. 4397), is amended by striking $18,000.00 in Section 1 and substituting in lieu thereof the following: $20,000.00, so that when so amended Section 1 shall read as follows: SECTION 1. The official court reporters of the Clayton Judicial Circuit composed of Clayton County shall be compensated in an amount not to exceed $20,000.00 per annum each, to be set by the chief judge of the superior court of said circuit. Such compensation shall be paid in monthly installments from the funds provided for such purposes by Clayton County. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. MISCELLANEOUS NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing a salary for the official court reporter of the Clayton County Judicial Circuit, approved March 17, 1959 (Ga. L. 1959, p. 375), as amended, particularly by

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an Act approved March 29, 1994 (Ga. L. 1994, p. 4397); and for other purposes. This 25th day of February, 1997. 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 the Senator from the 44th District, and further deposes and says as follows: (1) That the attached 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 28, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRELL STARR Senator, 44th District Sworn to and subscribed before me, this 3rd day of March, 1997.
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s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CLAYTON COUNTY BOARD OF COMMISSIONERS; CHAIRPERSON; COMPENSATION. No. 335 (Senate Bill No. 354). AN ACT To amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4070), so as to change the provisions relating to the compensation of the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4070), is amended by striking subsection (a) of Section 7 of said Act in its entirety and substituting in lieu thereof a new subsection (a) to read as follows: (a) The chairperson of the board shall be compensated in the amount of $75,600.00 per annum, to be paid in equal monthly installments from the funds of Clayton County. This amount of base compensation shall be increased by the same percentage or amount, or average percentage or average amount, as applicable, by which minimum salaries of sheriffs are increased under Code Section 15-16-20 of the O.C.G.A., based upon annual state merit system employee compensation increases, which increase in base compensation shall become effective the first day of July following the date such annual merit system increase first becomes effective. The chairperson of the board shall also receive an annual expense allowance of $3,000.00 per annum payable out of the funds of the county and shall be entitled to a county automobile while engaged in county business. SECTION 2. The increase in base compensation provided by this Act represents a longevity increase of 2 percent per year over a four year term, and the stated base compensation is intended to be the salary of the position.

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SECTION 3. This Act shall become effective January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act creating the board of commissioners of Clayton County, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4070); and for other purposes. This 25th day of February, 1997. CLAYTON COUNTY LEGISLATION 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 the Senator from the 44th District, and further deposes and says as follows: (1) That the attached 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 28, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRELL STARR Senator, 44th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. LINCOLN COUNTY BOARD OF EDUCATION; TERMS. No. 337 (Senate Bill No. 396). AN ACT To amend an Act providing for election of members of the Board of Education of Lincoln County, approved March 10, 1986 (Ga. L. 1986, p. 3661), so as to provide for staggered terms of office; to provide for the submission of this Act to the United States Attorney General for approval; 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 election of members of the Board of Education of Lincoln County, approved March 10, 1986 (Ga. L. 1986, p. 3661), is amended by striking in its entirety Section 3 and inserting in lieu thereof a new Section 3 to read as follows: SECTION 3. (a) Those members of the board of education serving in office on the effective date of this Act, or any person selected to fill a vacancy in such office, shall continue to serve until the expiration of the terms for which they were elected, which is December 31, 2000, and until their successors are elected and qualified. (b) The election and terms of office of the first members of the board of education elected under the provisions of this Act shall be as follows:

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(1) At the primary and general elections conducted in 2000 at which members of the board of education are elected, the members of the board elected to represent Education Districts 1 and 2 shall each be elected for terms of office of four years and until their successors are elected and qualified; and (2) At the primary and general elections conducted in 2000 at which members of the board of education are elected, the chairperson and members of the board elected to represent Education Districts 3 and 4 shall each be elected for terms of office of two years and until their successors are elected and qualified. (c) Members elected pursuant to the provisions of subsection (b) of this section shall take office on the first day of January following their election. Successors shall be elected at the general election immediately preceding the expiration of their respective terms of office and they shall take office on the first day of January immediately following their election and they shall each serve for terms of office of four years and until their successors are elected and qualified. SECTION 2. The Board of Education of Lincoln County is authorized and directed to instruct the attorney for the board 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 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act providing for election of members of the Board of Education of Lincoln County, approved March 10, 1986 (Ga. L. 1986 p. 3661), so as to provide for staggered terms of the office; to provide for the submission of the Act to the United States Attorney General for approval; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 4th day of March, 1997. Representative Tom McCall 90th District GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. Joseph Brush, who on oath deposes and says that he is the Senator from the 24th District, and further deposes and says as follows: (1) That the attached 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: March 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ B. JOSEPH BRUSH Senator, 24th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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BUTTS COUNTY BOARD OF EDUCATION; NONPARTISAN PRIMARIES AND ELECTIONS. No. 338 (Senate Bill No. 398). AN ACT To amend an Act entitled An Act to provide for the election of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4032), so as to provide for nonpartisan elections of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act to provide for the election of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4032), is amended by striking in its entirety subsection (b) of Section 4 and inserting in lieu thereof the following: (b) All members of the board shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139, as amended. SECTION 2. This Act shall become effective on January 1, 1998. 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 given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to provide for the election of the Butts County Board of Education, approved March 30, 1987 (Ga. L. 1987, p. 4919), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4032); and for other purposes. This 3 day of March, 1997. Honorable Mike Crotts Senator, District 17
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mike Crotts, who on oath deposes and says that he is the Senator from the 17th District, and further deposes and says as follows: (1) That the attached 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: March 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MIKE D. CROTTS Senator, 17th District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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POLK COUNTY BOARD OF EDUCATION; COMPENSATION; EXPENSES. No. 339 (Senate Bill No. 399). AN ACT To amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, so as to provide for the compensation and expenses of the members of the board of education; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, is amended by adding at the end of Section 4 of said Act a new subsection (c) to read as follows: (c) Duly elected and serving members of the board of education shall receive $50.00 per diem for each day of attendance at all official meetings of the board of education and while meeting and traveling within or outside the state as a member of a committee of the board on official business authorized by the majority of the board, except that the chair shall not receive more than $300.00 per month and the other members of the board shall not receive more than $250.00 per month regardless of the number of meetings attended by the chair or other members of the board. The board shall develop a policy that establishes guidelines for the reimbursement of expenses necessarily incurred in connection with travel outside of Polk County on official business of the board of education. SECTION 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. 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 1997 session of the General Assembly of Georgia a bill to provide for a change in school board compensation for the Polk School District Board of Education and to repeal conflicting laws and for other purposes.

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This 11th day of March, 1997. MICHAEL H. YORK ATTORNEY FOR THE POLK SCHOOL DISTRICT GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan Dean, who on oath deposes and says that he is the Senator from the 31st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard, which is the official organ of Polk County, on the following date: March 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ NATHAN DEAN Senator, 31st District Sworn to and subscribed before me, this 17th day of March, 1997.
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s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. TOWN OF TALKING ROCK NEW CHARTER. No. 340 (Senate Bill No. 401). AN ACT To provide a new charter for the Town of Talking Rock; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, 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 town attorney, a town clerk, a town 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 town contracts and purchasing; to provide for the conveyance of property; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This town and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and

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corporate under the name and style Town of Talking Rock, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this town at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of town clerk and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the Town of Talking Rock, 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 with the original map or description. (b) The town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (a) This town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. The 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 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;

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(3) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (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 regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or such other laws as are now or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any town taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are 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 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 law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business in the town 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

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detrimental to 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 powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town; 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 town; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, 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 town; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, 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

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or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which such utilities are distributed, inside and outside the corporate limits of the town and to provide utility services to persons, firms, and corporations inside 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) Panalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (23) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks 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 town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public 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

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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, shrbus, 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 town; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; 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 manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of any intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or

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prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; 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 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. Town council creation; number; election. The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town

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council to be composed of a mayor and five councilmembers. The town council established in this charter shall in all respects be a successor to and continuation of the town governing authority under prior law. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11. Town councilmembers; terms and qualifications for office. The town 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 town immediately prior to the date of the election of mayor or councilmember of the town 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 town. The mayor and councilmembers who were elected in the 1996 general election and who are currently serving as mayor and councilmembers and any person filling a vacancy in any such office shall continue to serve out their respective terms of office in their respective capacities under this charter and shall in all respects be a continuation of the town governing authority under this charter. SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the town council or those remaining shall appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office shall become vacant and shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. SECTION 2.13. Compensation and expenses. The mayor and councilmembers shall receive compensation and expenses for their services as provided by ordinance.

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SECTION 2.14. Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town and conduct of any department, office, or agency thereof and for this purpose may subpoena witness, 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 may be provided by ordinance. SECTION 2.15. General power and authority of the town council. Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town as provided in Article I of this charter. SECTION 2.16. Eminent domain. The town council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.17. Organizational meetings. The town council shall hold an organizational meeting on the second Tuesday of January of each year. 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) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. SECTION 2.18. Meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance.

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(b) Special meetings of the town council may be held on call of the mayor or any one member 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 required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be given as required by law. SECTION 2.19. Rules of procedure. (a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.20. Quorum; voting. (a) The mayor or mayor pro tempore and three councilmembers, or four councilmembers, shall constitute a quorum and shall be authorized to transact business of the town council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the town council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion, except that in the event a vote by councilmembers on the adoption of any ordinance, resolution, or motion results in a tie vote, the mayor shall vote on the adoption of said ordinance, resolution, or motion. Except as otherwise provided in this charter, the mayor shall not vote on the adoption of any ordinance, resolution, or motion. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the town council. A vote of the majority of the remaining

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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 It is hereby ordained by the governing authority of the Town of Talking Rock... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember or the mayor and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish. 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 town council may designate. SECTION 2.22. Action requiring an ordinance. Acts of the town 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 town council may convene on call of the mayor or two councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least two councilmembers or the mayor and one councilmember shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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

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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 2.24. Codes of technical regulations. (a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements provided under this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public. SECTION 2.25. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town council by ordinance and shall be published promptly, together with all amendments thereto and 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 Talking Rock, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the town and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The town council shall make such further arrangements as deemed desirable with reproduction and

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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 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 town and shall have been a resident of this town 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 town during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.27. Mayor pro tempore. By majority vote, the town 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 town council. SECTION 2.28. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the town council; (2) Be the head of the town for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the town and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (5) Vote on matters before the town council as provided in this charter; (6) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and (7) Fulfill such other executive and administrative duties as the town council shall by ordinance establish, including, but not limited to, the day-to-day management of the town and its personnel.

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ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the town council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of 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 town council. The mayor may suspend or remove directors under the mayor's supervision. The director involved may appeal to the town council which, after a hearing, may override the mayor's action by a vote of a majority of councilmembers. SECTION 3.11. Boards, commissions, and authorities. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the mayor for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The 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.

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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 town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed in this charter for original appointment, except as otherwise provided by this charter or 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 town an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by the mayor. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, 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 town attorney shall be nominated by the mayor and confirmed and appointed by the town council. The mayor with the advice and counsel of the town attorney shall appoint 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 the prosecuting officer in the municipal court; shall attend the meetings of the town council as directed; shall advise the town council and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of such person's position as town attorney. SECTION 3.13. Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance.

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ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There may be a court to be known as the Municipal Court of the Town of Talking Rock. 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 office 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, shall be a member of the State Bar of Georgia, or is serving as a magistrate or state or superior court judge. All judges shall be appointed by the town council. (c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of a majority of the councilmembers. (e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered in the minutes of the town council journal required in this charter. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all town 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 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 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, 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 town, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgements, 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 town, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

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SECTION 4.14. Certiorari. The right of certiorari from the decision and judgement 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 Pickens 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 such proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.11. Regular elections; time for holding. On the Tuesday next following the first Monday in November in 2000 and on that day quadrennially thereafter, there shall be an election for the mayor and councilmembers. Persons elected to such offices shall take office and begin their terms of office on the first day of January immediately following their election. SECTION 5.12. Nonpartisan elections. Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designation.

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SECTION 5.13. Election of mayor by majority vote. The mayor shall be elected by a majority vote of the votes cast in the whole town. SECTION 5.14. Election of councilmembers by plurality vote. Councilmembers shall be elected from the town at large. The five persons receiving the most votes cast for the offices of councilmembers shall be elected to fill the positions for councilmembers. SECTION 5.15. Special elections; vacancies. In the event that the office of any member of the town council or the mayor's office shall become vacant for any cause whatsoever prior to the expiration of the term of such office, the remaining members of the town council shall appoint a successor for the remainder of the term of office if less than one year remains in such term; otherwise, they shall appoint a person to serve until a successor is elected and qualified at a special election which shall be called to fill that vacancy. Whenever a special election shall be called, such special election shall be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.16. 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 5.17. Removal or suspension of officers. The mayor or any councilmember may be removed or suspended from office in the manner provided by Code Sections 45-5-1, 45-5-6.1, and 45-11-4 of the O.C.G.A. or by any other manner as provided by 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

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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 may 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 voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town 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 this charter. SECTION 6.13. Licenses; permits; fees. The town council by ordinance shall have the power to require any individuals or corporations who transact business in this town or who practice or offer to practice any profession or calling in this town to obtain a license or permit for such activity from the town and pay a reasonable fee for such license or permit where such activities are not now regulated by general law in such a way so as to preclude town regulation. Such fees may reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in this charter. The town council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The town council shall have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunication companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises;

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provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the 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 within 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 this charter. 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 this charter. SECTION 6.17. Construction; other taxes and fees. This town shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs. SECTION 6.18. Collection of delinquent taxes and fees. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town licenses for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions.

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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 such issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Fiscal year. The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government. SECTION 6.23. Budget ordinance. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The town council shall 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 town council but not later than November 30 prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a

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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 deems pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. SECTION 6.25. Adoption. (a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than the thirty-first day of December of each year. If the town council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to this charter. SECTION 6.26. Levy of taxes. Following adoption of the operating budget, the town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this town. SECTION 6.27. Changes in appropriations. The town council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus.

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SECTION 6.28. Capital improvements. (a) On or before the date fixed by the town council, but not later than November 30 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 the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided under this charter. (b) The town council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirty-first day of December of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by the mayor's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.29. Audits. There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. The audit shall be conducted according to generally accepted 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 6.30. Procurement and property management. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings as required under this charter.

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

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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 town and their rights, privileges, and powers now in force not inconsistent with this charter shall continue in force until amended or repealed by the town council. 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 town agencies, personnel, or offices as may be provided by the town 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. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) The term councilmember shall mean any person elected or appointed under the provisions of this charter to fill any of the five council positions and who is currently serving in said capacity. (e) The term members of the council shall include the mayor and all councilmembers who are currently serving in said capacities under the provisions of this charter. (f) The term town council or council shall include the mayor and councilmembers who are currently serving in said capacities under the provisions of this charter. SECTION 7.15. Repealer. An Act incorporating the Town of Talking Rock in the County of Pickens, approved September 24, 1883 (Ga. L. 1882-83, p. 420), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety.

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SECTION 7.16. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7.17. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a new charter for the Town of Talking Rock, Georgia; and for other purposes. This 7th day of March 1997. David Ralston Senator, 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 the Senator from the 51st District, and further deposes and says as follows: (1) That the attached 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: March 14, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DAVID RALSTON Senator, 51st District Sworn to and subscribed before me, this 20th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CITY OF BUFORD CORPORATE LIMITS. No. 344 (House Bill No. 222). 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), an Act approved May 4, 1992 (Ga. L. 1992, p. 6888), and an Act approved April 4, 1996 (Ga. L. 1996, p. 3984), so as to change the corporate limits of the city; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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), an Act approved May 4, 1992 (Ga. L. 1992, p. 6888), and an Act approved April 4, 1996 (Ga. L. 1996, p. 3984), is amended by adding at the end of Section 2 the following: Any other provisions of this section to the contrary notwithstanding, the following described properties are included within the boundaries of the City of Buford:

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TRACT ONE: Gehrke Investments, Ltd., and Klaus Nottbohm Investments, Ltd. Map Reference Number 7-219-004 Current Zoning: C-2 Special Stipulation that there be a 100' natural undistrubed buffer along the property line with Rock Creek Subdivision. All that parcel or tract of land, lying and being in Land Lot 219 of the 7th Land District, Gwinnett County, Georgia, containing 22.222 acres in accordance with boundary survey dated September 14, 1994, prepared for Hannover Investment Corporation by Precision Planning, Inc., Anthony Mark Veal, GRLS # 2651, said property being more particularly described in accordance with said survey as follows: To find the Point of Beginning, commence at the intersection of the northwest right of way of North Fork Bogan Road (80 foot right-of-way) and the northeast right-of-way of Georgia Highway No. 20 (apparent 60 foot right-of-way), if extended; THENCE along the northeast right-of-way of Georgia Highway No. 20 for a distance of 624.5 feet to a point, said point being marked by a 1/2 rebar pin set, said point along being THE TRUE POINT OF BEGINNING. THENCE along said right-of-way North 23 degrees 42' 17 West for a distance of 596.30 feet to a point; THENCE along same right-of-way, along a curve to the left having a radius of 507.45 feet and an arc length of 144.21 feet, being subtended by a chord of North 31 degrees 50' 07 West for adistance of 143.73 feet to a point, said point being marked by a 1/2 rebar pin set; THENCE leaving said right-of-way North 58 degrees 43' 20 East for a distance of 316.60 feet to a point, said point being the centerline of a branch; THENCE in a northerly direction along the centerline of said branch following the meandering thereof for a distance of + -155 feet to a point, said centerline being witnessed by a traverse line containing the following course (1), North 12 degrees 45' 39 West for a distance of 137.80 feet to a point; THENCE leaving said branch North 58 degrees 15' 31 East for a distance of 631.32 feet to a point, said point marked by a 1/2 rebar pin found; Thence South 30 degrees 52' 19 East for a distance of 1069.79 feet to a point, said point marked by a 1/2 rebar pin found; Thence South 49 degrees 19' 23 West for a distance of 476.03 feet to a point, said point marked by a 1/2 rebar pin found; Thence North 25 degrees 49' 57 West for a distance of 193.29 feet to a point, said point marked by a 1/2 rebar pin found; Thence South 66 degrees 36' 33 West for a distance of 615.80 feet to a point, said point lying on the northeast right-of-way of Georgia Highway No. 20, (apparent 60 foot right-of-way) marked by a 1/2 rebar pin set, said point also being THE TRUE POINT OF BEGINNING.

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TRACT TWO: Rodney Hellemn Map Reference Number 7-333-79 Current Zoning: C-2 Special Stipulations that there be no egress or ingress onto Lake Lanier Heights Road, landscaped buffer along Lake Lanier Heights Road to be approved by the City Manager, and that all conditions set forth in that certain letter dated July 8, 1996 from Keck Wood, Inc. are incorporated herein. ALL THAT TRACT OR PARCEL of land lying and being in Land Lot 333 of the 7th Land District of Gwinnett county, Georgia and being shown as Tract B containing 4.386 acres on a plat of survey for Crawford Puckett prepared by Diversified Technical Services, dated June 14, 1996 and being more particularly described in accordance with said plat as follows: TO FIND THE TRUE POINT OR PLACE OF BEGINNING begin at a point on the Northern side of the right of way of Buford Dam Road (right of way varies) which point is 279.00 feet in a generally Easterly direction along the northerly side of the right of way of Buford Dam Road and its intersection with the centerline of Dolvin Lane and run thence along the Northerly side of the right of way of Buford Dam Road an arc distance of 391.24 feet, said arc having a radius of 9019.92 feet and being subtended by a chord bearing of South 89 degrees 20' 18 East a chord distance of 391.21 feet to a point; leaving the northerly side of the right of way of Buford Dam Road and running thence North 00 degrees 45' 36 West a distance of 388.59 feet to an axel found and the TRUE POINT OR PLACE OF BEGINNING; from the TRUE POINT OR PLACE OF BEGINNING SO ESTABLISHED run thence north 00 degrees 39' 59 East a distance of 886.36 feet to a 1/2 rebar; run thence North 05 degrees 09 minutes 37 seconds West a distance of 76.13 feet to a rod found; run thence North 70 degrees 58' 49 seconds East a distance of 201.79 to a nail found; run thence South 00 degrees 15' 56 East a distance of 959.45 feet to a 3/4 O.T. pipe; run thence South 00 degrees 31' 35 East a distance of 73.55 feet to an axel found; run thence north 88 degrees 32 minutes 11 seconds West a distance of 199.43 feet to an axel found and the TRUE POINT OR PLACE OF BEGINNING. TRACT THREE: HOLIDAY THUNDER, LTD. Map Reference Number 7-299-1-4A Current Zoning: M-1 ALL that tract or parcel of land lying and being in Land Lot 299 of the 7th District, 1st Section of Hall County, Georgia, and being more particularly described as follows:

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BEGINNING at an iron pin set, which iron pin is located at the northwesterly right-of-way line of Thunder Road (having a 40-foot-right-of-way), and which point is also the common intersection of said right-of-way, the property herein described and property now or formerly owned by Waycaster; running thence north 48 48' West, along the line common to the property herein descried and the property now or formerly owned by Waycaster, a distance of 184.25 feet to an iron pin set; thence South 36 35' West a distance of 57.22 feet to an iron pin set; thence South 30 57' East, along the line common to the property herein described and the property now or formerly owned by Fred Forrester, a distance of 189.46 feet to an iron pin set on the northwesterly right-of-way line of said Thunder Road; thence in a northeasterly direction along said right-of-way line of Thunder Road, a distance of 115.12 feet, more or less, to the point of beginning, and being more particularly shown and described on that certain plat of survey prepared for Leonard Beck by Farley-Collins Assoc., dated August 24, 1973, last revised May 13, 1974, recorded in Plat Book 56, Page 272, in the Office of the Clerk of Superior Court of Hall County, Georgia, which plat is incorporated herein by reference and made a part of this description. Said property has the address of 448 Thunder Road, Buford, Georgia, according to the present system of numbering houses in Buford, Georgia. TRACT FOUR: HOLIDAY THUNDER, LTD. Map Reference Number 7-299-1-2 Current Zoning: M-1 All that tract or parcel of land lying and being in Land Lot 299 of the 7th District of Hall County, Georgia, and being more particularly described as follows: BEGINNING at a point which is 2122 feet along the center of Thunder Road (80-foot right-of-way) from the centerline of Holiday Road where the centerline of Thunder Road intersects the centerline of Holiday Road and running thence North 31 20' 24 West a distance of 39.88 feet; thence North 42 30' 26 West a distance of 131.14 feet to an iron pin corner (set) which is the TRUE POINT OF BEGINNING; thence North 42 30' 26 West a distance of 641.51 feet to an iron pin (found); thence North 42 30' 26 West a distance of 10.62 feet to the centerline of creek; thence North 38 44' 05 East a distance of 25.20 feet to a point along the centerline of creek; thence North 50 13' 28 East a distance of 71.69 feet to a point along the centerline of creek; thence North 18 17' 38 East a distance of 30.16 feet to a point along the centerline of creek; thence North 78 19' 43 East a distance of 50.75 feet to a point along the centerline of creek; thence North 17 28' 15 East a distance

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of 21.28 feet to a point along the centerline of creek; thence North 52 11' 39 East a distance of 36.06 feet to a point along the centerline of creek; thence South 82 01' 30 East a distance of 31.88 feet to a point along the centerline of creek; thence North 62 degrees 39 minutes 06 seconds East a distance of 28.67 feet to a point along the centerline of creek; thence North 56 35' 08 West a distance of 39.80 feet to a point along the centerline of creek; thence North 48 degrees 07 minutes 18 seconds East a distance of 54.60 feet to a point along the centerline of creek; thence North 52 degrees 45 minutes 01 seconds East a distance of 30.22 feet to a point along the centerline of creek; thence North 48 degrees 09 minutes 23 seconds East a distance of 52.31 feet to a point along the centerline of creek; thence North 37 degrees 02 minutes 01 seconds West a distance of 17.09 feet to a point along the centerline of creek; thence North 34 degrees 47 minutes 22 seconds East a distance of 36.14 feet to a point along the centerline of creek; thence South 25 degrees 20 minutes 45 seconds East a distance of 751.25 feet to an iron pin; thence South 61 degrees 18 minutes 47 seconds West a distance of 217.58 feet to iron pin, which is the true point of beginning. Said described tract of land contains 4.945 acres, more or less, of land. TRACT FIVE: ROBERT A. BOWMAN a/k/a ROBERT A. BOWMAN, SR. and DONNIS C. BOWMAN Map Reference Number 8-157-0-2, 8-157-0-8 Current Zoning: C-2 All that tract or parcel of land, together with improvements thereon, situate, lying and being in Land Lot 157 of the 8th District, Hall County, Georgia, and being more particularly described as 3.68 acres, more or less, as shown on plat of survey for Robert A. Bowman, Sr. and Donnis Bowman, dated March 118, 1992, prepared by Thomas Wood, Registered Land Surveyor, said plat being incorporated at Plat Slide 133, Page 174A, Hall County Records. Said plat being incorporated herein by reference for a more complete description of the subject property. All that tract or parcel of land lying and being in Land Lot 157 of the 8th Land District, Hall County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at the corner common to Land Lots 157, 158, 170 171; thence proceed South 59 39' West along the original line dividing Land Lots 157 158, a distance of 1,752 feet, to an iron pin on the corner of other property owned by the Grantee herein; thence proceed South 45 05' East along the line of other property owned by the Grantee herein, a distance of 226.13 feet, to an iron pin, the PLACE OR POINT OF BEGINNING; thence running

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South 45 05' East, a distance of 15.0 feet, to a point; thence running South 41 50' West, a distance of approximately 390 feet, to a point on the northern right of way of Friendship Road (80 foot right of way); thence running northwesterly along said right of way, following the curvature thereof, a distance of approximately 15.0 feet, to an iron pin, said pin being at the southeasternmost corner of other property owned by the Grantee herein, thence running North 41 50' East, a distance of 398.83 feet, to an iron pin, the place of point of beginning. TRACT SIX: ROBERT A. BOWMAN, SR. AS EXECUTOR OF THE ESTATE OF BERNARD ULYSSES BOWMAN Map Reference Number 8-157-0-3 Current Zoning: RA-200 All that tract or parcel of land, lying and being in the 8th land District of Hall County, Georgia, and a part of land lot No. 157, containing fifty acres of land, more or less. Adjoining lands of Thomas Fraser on the North, J.T. Smith Estate on the East, J.L. Pirkle on the South, and Mrs. Ida Forester on the West. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 157, 7th Land District, Hall County, Georgia containing 3.38 acres according to plat of same prepared by C. M. Higginbotham, Surveyor, September 23, 1960, and being more particularly described as follows: Beginning at an iron pin corner on the northerly side of the paved road from U.S. Highway 23 to Roberts Cross Roads, at property of Tom Frazier, said point being on the original line between Land Lot 158 and Land Lot 157; thence north 59 degrees 39 minutes east along said original land lot line a distance of 697.2 feet to an iron pin corner; thence south 45 degrees east along property of B. U. Bowman a distance of 226.8 feet to an iron pin corner; thence south 42 degrees west along property of B. U. Bowman a distance of 400 feet to an iron pin corner on the northerly side of s aid road; thence westerly along said road a distance of 508.2 feet to an iron pin corner, the point of beginning. LESS AND EXCEPT: All that tract or parcel of land lying and being in Land Lot 157 of the 8th Land District, Hall County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at the corner common to Land Lots 157, 158, 170 171; thence proceed South 59 degrees 39 minutes West along the original line dividing Land Lots 157 158, a distance of 1,752 feet, to an iron pin on the corner of other property owned by the Grantee herein; thence proceed South 45

Page 4255

degrees 05 minutes East along the line of other property owned by the Grantee herein, a distance of 226.13 feet, to an iron pin, the PLACE OR POINT OF BEGINNING; thence running South 45 degrees 05 minutes East, a distance of 15.0 feet, to a point; thence running South 41 degrees 50 minutes West, a distance of approximately 390 feet, to a point on the northern right of way of Friendship Road (80 foot right of way); thence running northwesterly along said right of way, following the curvature thereof, a distance of approximately 15.0 feet, to an iron pin, said pin being at the southeasternmost corner of other property owned by the Grantee herein, thence running North 41 50' East, a distance of 398.83 feet, to an iron pin, the place of point of beginning. TRACT SEVEN: UWL, INC., A GEORGIA CORPORATION Map Reference Number 7-336-60 Current zoning: Public ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 336 and 323, 7th District, Gwinnett County, Georgia and being more particularly described as follows: BEGINNING at an iron pin set at the intersection of Land Lots 335, 336, 324 and 323, said district and county, thence leaving said intersection and running South 160 28' 27 West a distance of 587.63 feet to an iron pin set along the northeasterly right-of-way line of Richland Creek Road (having an 80' right-of-way width); running thence along said northeasterly, northerly and northwesterly right-of-way line of Richland Creek Road the following courses and distance: North 390 43' 59 West a distance of 86.55 feet to a point; North 440 15' 02 West a distance of 198.48 feet to a point; along the arc of a curve to the left (said arc being subtended by a chord bearing North 550 53' 45 West a chord distance of 173.59 feet and having a radius of 430.00 feet) an arc distance of 174.79 feet to a point; North 670 32' 27 West a distance of 43.44 feet to a point; along the arc of a curve to the right (said arc being subtended by a chord bearing North 640 24' 18 West a chord distance of 144.42 feet and having a radius of 1,320.00 feet) an arc distance of 144.49 feet to a point; North 610 16' 08 West a distance of 67.42 feet to a point; along the arc of a curve to the right (said arc being subtended by a chord bearing North 590 20' 21 West a chord distance of 192.62 feet and having a radius of 2,860.00 feet) an arc distance of 192.66 feet to a point; North 57 0 24' 34 West a distance of 142.60 feet to a point; along the arc of a curve to the left (said arc being subtended by a chord bearing north 850 29' 43 West a chord distance of 348.39 feet and having a radius of 370.00 feet) an arc distance of 362.74 feet to a point; South 660 25' 07 West a distance of 8.00 feet, more or less, to a point on the centerline of Richland Creek (said point being designated as Point A); thence leaving said northwesterly right-of-way line of Richland Creek Road and running

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along the centerline of Richland Creek and following the meanderings thereof to a point (said point being designated as Point B; Points A and B being traversed as follows: North 420 52' 01 West a distance of 67.00 feet more or less to a point; North 640 31' 23 West a distance of 41.00 feet more or less to a point; North 110 21 34 West a distance of 77.00 feet more or less to a point; South 380 09' 35 West a distance of 20.00 feet more or less to a point; North 350 18' 14 West a distance of 89.00 feet more or less to a point; North 140 46' 59: West a distance of 64.00 feet more or less to a point; North 490 44' 09 West a distance of 33.00 feet more or less to a point; North 000 46' 18 West a distance of 23.00 feet more or less to a point; North 340 04' 30 West a distance of 74.00 feet more or less to a point; North 780 45' 48 West a distance of 122.00 feet more or less to a point; North 570 37 minutes 27 seconds East a distance of 49.00 feet more or less to a point; North 550 49' 57 West a distance of 64.00 feet more or less to a point; North 110 21' 30 East a distance of 108.00 feet more or less to a point; North 440 32' 01 West a distance of 64.00 feet more or less to a point); thence leaving said centerline of Richland Creek and running North 610 24' 15 East a distance of 390.64 feet to an iron pin found; running thence North 680 02' 15 East a distance of 967.76 feet to a rock and iron pin found on the land lot line common to Land Lot 336 and 335, said district and county; running thence along said land lot line common to Land Lots 335 and 336 South 230 53' 52 East a distance of 1,318.71 feet to an pin set at the intersection of Land Lots 335, 336, 323 and 324, said iron pin set marking the POINT OF BEGINNING; being shown as Tract 2, containing 36.47 acres more or less on Survey for UWL, Inc. and Chicago Title Insurance Company, by Jordan Jones Goulding, certified by Charles H. Jackson, Georgia Registered Land Surveyor no. 2351, dated August 9, 1995, last revised November 17, 1995. TRACT EIGHT: UWL, INC., A GEORGIA CORPORATION Map Reference Number 7-336-017 Current zoning: Public ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 336 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at the iron pin found at the intersection of the easterly right-of-way line of Sycamore Road (having an 80' right-of-way width) and the northerly right-of-way line of Richland Creek Road (having an 80' right-of- way width); run thence along said easterly right-of-way line of Sycamore Road the following courses and distances: North 080 22' 08 West a distance of 563.58 feet to iron pin found; North 080 05' 51 West a distance of 247.39 feet to an iron pin found, said iron pin found marking the TRUE

Page 4257

POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, continuing thence along said easterly right-of-way line of Sycamore Road the following courses and distances: North 080 05' 51 West a distance of 603.93 feet to a point; along the arc of a curve to the left (said arc being subtended by a chord bearing North 170 26' 24 second West a chord distance of 613.00 feet more or less and having a radius of 1,890.00 feet) an arc distance of 616.00 feet more or less to a point on the centerline of Richland Creek (said point being designated as Point A); thence leaving said easterly right-of-way line of Sycamore Road and running along the centerline of Richland Creek and following the meanderings thereof to a point (said point being referred to Point B; Points A and B being traversed as follows: South 730 57' 03 East a distance of 38 feet, more or less, to a point; North 700 37' 40 East a distance of 60 feet, more or less, to a point; North 840 12' 46 East a distance of 44 feet, more or less, to a point) thence leaving said centerline of Richland Creek and running South 150 07' 14 East a distance of 1,221.97 feet to an iron pin found; running thence South 840 41' 13 West a distance of 187.79 feet to an iron pin found on the easterly right-of-way line of Sycamore Road, said iron pin marking the TRUE POINT OF BEGINNING; being shown as Tract 3, containing 3.56 acres more or less on Survey for UWL, Inc. and Chicago Title Insurance Company, by Jordan Jones Goulding, certified by Charles H. Jackson, Georgia Registered Land Surveyor No. 2351, dated August 9, 1995, last revised November 17, 1995. TRACT NINE: UWL, INC., A GEORGIA CORPORATION Map Reference Number 7-324-016 Current Zoning: Public All that tract or parcel of land lying and being in Land Lot 324 of the 7th District of Gwinnett County, Georgia, and being more particularly described as follows: To find the true point of beginning, begin at a point common to the corner of Land Lots 336, 335, 324 and 323; running thence along said Land Lot line common to Land Lots 323 and 324 south 320 52' 32 east a distance of 702.09 feet to a point; running thence North 570 49' 06 east and leaving said Land Lot line a distance of 106.81 feet to a point; running thence north 580 00' 09 east a distance of 197.74 feet to a point; running thence north 570 11' 54 east a distance of 117.45 feet to a point; said point being the true point of beginning; the true point of beginning being thus established; run thence north 570 11' 54 east a distance of 80.20 feet to a point; running thence north 570 20' 02 east a distance of 993.38 feet to a point; running thence north 570 13' 21 east a distance of 213.65 feet to a point; running thence south 320 41' 51 east a distance of 729.81 feet to a point; running thence north 770

Page 4258

56' 28 west a distance of 431.40 feet to a point; running thence south 170 37' 39 west a distance of 558.01 feet to a point; said point being located on the northerly right of way lie of South Richland Creek Road (an 80 foot right of way); running thence generally in a westerly direction along. the northerly right of way line of said South Richland Creek Road the following courses and distance; on a curve to the left having a radius of 536.74 feet bearing north 890 39' 21 west 90.71 feet, run an arc distance of 90.82 feet to a point; running thence south 850 29' 49 west a distance of 286.32 feet to a point; running thence on a curve to the left having a radius of 1,271.84 feet bearing south 790 05' 49 west 283.54 feet, an arc distance of 284.13 feet to a point; running thence north 200 36' 11 west and leaving said right of way a distance of 656.97 feet to a point; said point being the true point of beginning and being identified as Tract VI containing 22.938 acres as shown on Plat of Survey for UWL, Inc., prepared by B. K. Rochester, Jr., Registered Land Surveyor, dated October 24, 1986, revised November 14, 1986. TRACT TEN: UWL, INC., A GEORGIA CORPORATION Map Reference Number 7-336-004a Current Zoning: Public ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 336 of the 7th District, Gwinnett County, Georgia, and being more particularly described as follows: TO FIND THE TRUE POINT OF BEGINNING, commence at the iron pin found at the intersection of the northerly right-of-way line of Richland Creek Road (having an 80' right-of-way width) and the easterly right-of-way line of Sycamore Road (having on 80' right- of-way width); run thence along said easterly right-of-way line of Sycamore Road North 080 22' 08 West a distance of 563.58 feet to iron pin found, said iron pin marking the TRUE POINT OF BEGINNING; FROM THE TRUE POINT OF BEGINNING AS THUS ESTABLISHED, thence continuing along the easterly right-of-way line of Sycamore Road north 080 05' 51 West a distance of 247.39 feet to an iron pin found; thence leaving said easterly right-of-way line of Sycamore Road and running North 840 41' 13 East a distance of 187.79 feet to an iron pin found; running thence South 180 degrees 01' 14 East a distance of 174.01 feet to an iron pin found; running thence South 640 49' 06 West a distance of 227.59 feet to an iron pin found, said iron pin marking the TRUE POINT OF BEGINNING; being shown as Tract 4, containing 0.98 acres more or less on Survey for UWL, Inc. and Chicago Title Insurance Company, by Jordan Jones Goulding, certified by Charles H. Jackson, Georgia Registered Land Surveyor No. 2351, dated August 9, 1995, last revised November 17, 1995.

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TRACT ELEVEN: Laura Pirkle Allen as Trustee, J. S. Harrison Aiken, Jr. and Kathy Kea Aiken; Caroline Aiken, David Pirkle Aiken and William Page Aiken Map Reference Number 8-152-0-3 Map Reference Number 8-157-0-5B Current Zoning: C-2 (67.348 acres) and M-2 (43.71 acres) ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 152 and 157 of the 8th District of Hall County, Georgia, and being more particularly described as follows: To find the true point of beginning, begin at the intersection of the northwesterly right-of-way of Friendship Road with Georgia Highway No. 365 (Gainesville Connector); thence run northwesterly approximately 885.0 feet along the northwesterly right-of-way of Friendship Road to a point being the TRUE POINT OF BEGINNING; from said point run thence northwesterly approximately 60.0 feet along the northwesterly right-of-way of Friendship Road to a point; thence run northeasterly approximately 1218.2 feet to a point; thence run northwesterly approximately 395.9 feet to a point; thence run northeasterly approximately 2453.5 feet to a point lying on the southwesterly right-of-way of Frazier Road; thence run southeasterly along the southwesterly right-of-way of Frazier Road approximately 1152.0 feet to a point; thence run southwesterly approximately 2647.2 feet to a point; thence run southwesterly approximately 50 feet to a point; thence run northwesterly approximately 1243.0 feet to a point; thence run southwesterly approximately 800.0 feet to a point on the right-of-way of Friendship Road and the True Point of Beginning. TRACT TWELVE: KANGAROO, INC. Map Reference Number Current Zoning: C-2 All that tract or parcel of land, together with improvements thereon, lying and being in Land Lot 157 of the 8th District of Hall County, Georgia, containing 14.83 acres, more or less, as shown on a survey for Wynelle Widby Swansey, dated May 23, 1985, prepared by Thomas Wood, Registered Surveyor, recorded in Plat book 124, Page 38, Hall County Plat Records, and being more particularly described according to said survey as follows: TO FIND THE TRUE POINT OF BEGINNING, begin at the intersection of the easterly right of way of Friendship Road and the northerly right of

Page 4260

way of State Route 365 and running thence along said right of way of Friendship Road in a northwesterly direction 1104.4 feet to an iron pin found and the TRUE POINT OF BEGINNING. Thence from said TRUE POINT OF BEGINNING running north 42 degrees 12 minutes east 1218.99 feet to an iron pin found; thence north 29 degrees 56 minutes west 487.78 feet to an axle found; thence south 42 degrees 28 minutes west 1482.23 feet to a point on the easterly right of way of Friendship Road; thence along said right of way of Friendship Road in a southeasterly direction an arc distance of 243.51 feet to a point; thence continuing along said right of way south 48 degrees 14 minutes east 231.30 feet to a concrete monument; thence north 41 degrees 25 minutes east 79.56 feet to said TRUE POINT OF BEGINNING. TRACT THIRTEEN: DONALD M. CULVER Map Reference Number 8-157-000-005A Current Zoning: C-2 All that tract or parcel of land lying and being in Land Lot 157, 8th District, Hall County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the northwestern right-of-way of S.R. 365 (right-of-way varies) and the southwestern right-of-way of Friendship Road (right-of-way varies); thence along said right of way of S.R. 365 South 1529'00 West, a distance of 70.72 feet to a point; thence South 3135'00 West, a distance of 350.71 feet to a point; thence leaving said right-of-way South 6852'27 West, a distance of 187.00 feet to a point; thence North 1507'41 East, a distance of 173.49 feet to a point; thence North 4812'16 West, a distance of 733.53 feet to a point; thence North 3542'16 East, a distance of 297.61 feet to a point; thence north 3345'48 East, a distance of 65.13 feet to a point; thence North 3220'00 East, a distance of 32.65 feet to a concrete monument found on the southwestern right-of-way of Friendship Road (right-of-way varies); thence along said right-of-way South 4759'00 East, a distance of 348.57 feet to a point; thence South 4802'00 East, a distance of 199.98 feet to a point; thence South 4807'00 East, a distance of 100.29 feet to a point; thence South 6444'00 East, a distance of 104.54 feet to a point; thence South 4803'00 East, a distance of 99.99 feet to the POINT OF BEGINNING. Said tract contains 8.237 acres. TRACT FOURTEEN: DONALD M. CULVER Map Reference Number 8-157-000-005A

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Current Zoning: C-2 All that tract or parcel of land lying and being in Land Lot 157, 8th District, Hall County, Georgia, and being more particularly described as follows: BEGINNING at a point at the intersection of the northwestern right-of-way of S.R. 365 (right-of-way varies) and the southwestern right-of-way of Friendship Road (right-of-way varies); thence along said right-of-way of Friendship Road North 4803'00 West, a distance of 99.99 feet to a point; thence North 64'44'00 West, a distance of 104.54 feet to a point; thence North 4807'00 West, a distance of 100.29 feet to a point; thence North 4802'00 West, a distance of 199.98 feet to a point; thence North 4759'00 West, a distance of 348.57 feet to a concrete monument found; thence North 3208'44 East, a distance of 64.71 feet to a point; thence North 4800'58 West, a distance of 101.22 feet to the TRUE POINT OF BEGINNING; thence leaving said right-of-way South 3220'00 West, a distance of 113.08 feet to a point; thence South 3345'48 West, a distance of 62.19 feet to a point; thence South 3542'16 West, a distance of 285.25 feet to a point; thence north 4812'16 West, a distance of 685.28 feet to a point on the southeastern property line of now or formerly Bell; thence along said property line North 4517'47 East, a distance of 428.58 feet to a point on the southwestern right-of-way of Friendship Road (right-of-way varies); thence along said right-of-way 259.32 feet along a curve to the right, said curve having a chord of South 5453'21 East, 258.70 feet and a radius of 1080.89 feet to a point; thence South 4800'58 East, a distance of 344.62 feet to the TRUE POINT OF BEGINNING. Said tract contains 6.722 acres. The City of Buford pursuant to Chapter 36 of Title 36 of the O.C.G.A. and subsection (d) of Code Section 36-66-4 of the O.C.G.A. annexed and zoned all of the above-described properties identified hereinabove as Tracts One and Two on September 9, 1996, and all the tracts identified hereinabove as Tracts Three through Fourteen on December 7, 1996. SECTION 2. Municipal ad valorem taxes shall apply to property within the annexed territory on December 31, 1996, as provided in Code Section 36-36-2 of the O.C.G.A. SECTION 3. Notwithstanding the provisions of Code Section 1-3-4.1, this Act shall become effective July 1, 1997. SECTION 4. All laws and parts of law in conflict with this Act are repealed.

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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 28-1-11 notice is given that there will be introduced at the regular 1997 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. 053), as amended, particularly by an Act approved March 28, 1955, (Ga. L. 1955, p. 5385), an Act approved April 4, 1991, (Ga. L. 1991, p. 4315), an Act approved May 4, 1992 (Ga. L. 1992, p. 6863) and an Act approved April 4, 1996 (Ga. L. 1996, p. 8084); 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. Sections 28-1-14(b)(1) and 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 10th day of January, 1997. 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 the Representative from the 85th District, and further deposes and says as follows: (1) That the attached 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: January 10, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill

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was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ KEITH R. BREEDLOVE Representative, 85th District Sworn to and subscribed before me, this 15th day of January, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. TATTNALL COUNTY MAGISTRATE COURT; CHIEF MAGISTRATE; NONPARTISAN NOMINATION AND ELECTION; RATIFICATION OF JUDICIAL ACTIONS; SMALL CLAIMS COURT ACT REPEALED. No. 360 (House Bill No. 575). AN ACT To provide for the nomination and election of the chief magistrate of the Magistrate's Court of Tattnall County in nonpartisan primaries and elections; to ratify the judicial actions of those serving as Judge of the Small Claims Court of Tattnall County and Chief Magistrate or Magistrate of the Magistrate Court of Tattnall County; to repeal an Act creating and establishing a Small Claims Court for Tattnall County, approved April 17, 1975 (Ga. L. 1975, p. 3684); 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 chief magistrate of the Magistrate Court of Tattnall County who is serving in such office on the effective date of this Act or any person selected to fill a vacancy in such office shall continue to serve out such person's term of office, which expires December 31, 2000, and until the election and qualification of a successor. That successor and all future successors to such office shall be nominated and elected in a nonpartisan primary and election immediately preceding the expiration of a term of office as provided in Code Section 21-2-139 of O.C.G.A., and shall serve for terms of office as provided in Code Section 15-10-20 of the O.C.G.A. SECTION 2. The judicial actions of each person who has served as Judge of the Small Claims Court of Tattnall County, Chief Magistrate of the Magistrate Court

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of Tattnall County, or Magistrate of the Magistrate Court of Tattnall County, from the effective date of an Act creating and establishing a Small Claims Court for Tattnall County, approved April 17, 1975 (Ga. L. 1975, p. 3684), to the effective date of this Act are ratified, notwithstanding any irregularity in the selection, appointment, or election of each such official. SECTION 3. An Act creating and establishing a Small Claims Court for Tattnall County, approved April 17, 1975 (Ga. L. 1975, p. 3684), is repealed in its entirety. SECTION 4. This Act shall become effective on January 1, 1998. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. GEORGIA, TATTNALL COUNTY: RESOLUTION WHEREAS, the Superior Court Judges of Tattnall County, Georgia and the State Court Judge of Tattnall County, Georgia run in non-partisan elections. However, the Probate Judge of Tattnall County, Georgia and the Magistrate Judge of Tattnall County, Georgia are required to run for office with party affiliation; and WHEREAS, the Probate Judge and the Magistrate Judge feel that it would be in the best interest of the taxpayers of Tattnall County that the Probate Judge and Magistrate Judge run in a non-partisan election; and WHEREAS, it appears to the Commissioners of Tattnall County, Georgia that it would be in the best interest of the citizens that the laws governing the method of election of the Probate and Magistrate Judges be changed to require non-partisan elections. NOW, THEREFORE, BE IT RESOLVED that the Tattnall County Board of Commissioners resolve that it would be in the best interest of the citizens of Tattnall County that the Probate and Magistrate Judges run in a non-partisan election. Be it further resolved that the Tattnall County State Representatives, Honorable Jack Hill and Honorable Terry Barnard, introduce legislation accordingly. This 12th day of February, 1997. TATTNALL COUNTY BOARD OF COMMISSIONERS s/ Jerry Burkhalter JERRY BURKHALTER, CHAIRMAN s/ Edward Kennedy EDWARD KENNEDY, COMMISSIONER
Page 4265

s/ Wilmer Beecher WILMER BEECHER, COMMISSIONER s/ Pat Easterling PAT EASTERLING, COMMISSIONER s/ Mourice Collins MOURICE COLLINS, COMMISSIONER s/ Bill Kicklighter BILL KICKLIGHTER, COMMISSIONER ATTEST: Faye F. Hussey s/ FAYE F. HUSSEY, CLERK TATTNALL COUNTY COMMISSIONERS (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for the nonpartisan nomination and election of the Chief Magistrate of the Magistrate Court of Tattnall County; to provide for related matters; to repeal conflicting laws; and for other purposes. This 27 day of January, 1997. Honorable Terry E. Barnard Representative, 154th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Barnard, who on oath deposes and says that he is the Representative from the 154th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the The Tattnall Journal, which is the official organ of Tattnall County, on the following date: January 30, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 4266

written notification of the governing authority of the affected county, municipality, or consolidated government and copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRY E. BARNARD Representative, 154th District Sworn to and subscribed before me, this 3rd day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. WEBSTER COUNTY MOTOR VEHICLE REGISTRATION PERIOD. No. 364 (House Bill No. 731). AN ACT To amend an Act entitled 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, approved March 25, 1996 (Ga. L. 1996, p. 3662), so as to provide that such tag sales shall be on a four month nonstaggered basis; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act entitled An Act 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, approved March 25, 1996 (Ga. L. 1996, p. 3662), is amended by striking in its entirety Section 1 and inserting in lieu thereof the following:

Page 4267

SECTION 1. Effective January 1, 1998, the registration period for all vehicles authorized or required to be registered in Webster County shall be the designated four-month nonstaggered registration 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., 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, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE Notice is given that there will be introduced at the regular 1997 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 Webster 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. 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 the Representative from the 159th District, and further deposes and says as follows: (1) That the attached 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 9, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

Page 4268

The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB HANNER Representative, 159th District Sworn to and subscribed before me, this 20th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. BIBB COUNTY BOARD OF COMMISSIONERS; VACANCIES. No. 365 (House Bill No. 733). AN ACT To amend an Act establishing a Board of Commissioners of Bibb County, approved February 6, 1873 (Ga L. 1873, p. 219), as amended, particularly by an Act approved March 2, 1875 (Ga. L. 1875, p. 241), so as to provide for the filling of vacancies in the office of a member of the Board of Commissioners of Bibb County; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing a Board of Commissioners of Bibb County, approved February, 6, 1873 (Ga L. 1873, p. 219), as amended, particularly by an Act approved March 2, 1875 (Ga. L. 1875, p. 241), is amended by repealing any previously enacted laws relating to the filling of vacancies in the office of a member of the Board of Commissioners of Bibb County. SECTION 2. (a) On and after the effective date of this Act, a vacancy in the office of a member of the Board of Commissioners of Bibb County shall be filled as provided in this section.

Page 4269

(b) In the event the office of chairperson of the board of commissioners or of any member thereof shall become vacant for any cause whatsoever, the remaining members of the board shall, by resolution, notify the Superintendent of Elections in the Macon-Bibb County Board of Elections to call an election to fill the balance of the unexpired term of that office as provided by Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (c) If, however, the vacancy in any seat on the board of commissioners occurs within 12 months of the expiration of the normal term of that office, the remaining members of the board may, within 20 days of the occurrence of the vacancy, appoint a successor for the remainder of such term. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. RESOLUTION OF BOARD OF COMMISSIONERS OF BIBB COUNTY, GEORGIA BE IT RESOLVED by the Board of Commissioners of Bibb County, Georgia, in regular session assembled this 18th day of February, 1997, that this body does unanimously request the Bibb County Delegation to the General Assembly of Georgia to sponsor and to introduce into the 1997 Session of the General Assembly a bill in substantially the form hereto attached as Exhibit A and by attachment and reference thereto made a part hereof. All resolutions or parts thereof in conflict herewith are hereby repealed. COUNTY OF BIBB, GEORGIA I, BARBARA YOCUM, CLERK OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING WAS DULY ADOPTED AT THE REGULAR SESYON OF THE BOARD OF COMMISSIONERS OF BIBB COUNTY THIS 18 DAY OF Feb., 1997 s/ MRS. BARBARA YOCUM Clerk of the Board A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE FILLING OF VACANCIES IN THE OFFICE OF MEMBERS OF THE BIBB COUNTY COMMISSION; TO REPEAL CONFLICTING LAWS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ENACTED by the General Assembly of Georgia as follows:

Page 4270

Section 1. The provisions of so much of an Act of the General Assembly of Georgia approved on the 6th day of February, 1873, and appearing in Georgia Laws 1873, at p. 219 et seq. and so much of a law approved on the 2nd day of March, 1875, and appearing in Georgia Laws 1875, at p. 241 et seq. as provide for the filling of vacancies in the office of a member of the Board of Commissioners of Bibb County, Georgia, are hereby repealed. 2. In lieu of the repealed provisions, there is hereby enacted a new provision reading as follows: (a) In the event the office of Chairman of the Board or of any member thereof shall become vacant for any cause whatsoever, the remaining members of the Board shall, by resolution, notify the Superintendent of Elections in the Macon-Bibb County Board of Elections to call an election to fill the balance of the unexpired term of that office as provided by the Georgia Elections Code. (b) If, however, the vacancy in any seat on the Board of Commissioners occurs within 12 months of the expiration of the normal term of that office, the remaining members of the Board may, within 20 days of the occurrence of the vacancy, appoint a successor for the remainder of such term. Section 2. All laws or parts thereof in conflict herewith are hereby repealed. Section 3. This Act shall be effective upon its signing and approval by the Governor. GEORGIA, BIBB COUNTY NOTICE OF INTENTION TO APPLY FOR LEGISLATION Notice is hereby given that application will be made to the 1997 Session of the General Assembly of Georgia for the passage of a bill to provide for the filling of vacancies in the office of members of the Bibb County Commission; to repeal conflicting laws, to provide an effective date; and for other purposes. This 12th day of December, 1996. Bernard S. Fletcher, Superintendent of Elections GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William C. Randall, who on oath deposes and says that he is the Representative from the 127th District, and further deposes and says as follows:

Page 4271

(1) That the attached Notice of Intention to Introduce Local Legislation was published in the Macon Telegraph and News, which is the official organ of Bibb County, on the following date: December 14, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ WILLIAM C. RANDALL Representative, 127th District Sworn to and subscribed before me, this 21st day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. COLUMBUS, GEORGIA MUNICIPAL COURT; FEES AND COSTS. No. 366 (House Bill No. 768). AN ACT To amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, so as to change fees and costs and the provisions relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4272

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, is amended by striking Sections 36 and 37 and inserting in their places new Sections 36 and 37 to read as follows: SECTION 36. In all cases, except as hereinafter provided, in which the principal sum claimed or the value of the property in controversy does not exceed the sum of $100.00, the following fees and court costs shall be assessed and collected by the officials of said court: (1) For filing and docketing each case $6.00 (2) For each original summons .50 (3) For each copy of summons .50 (4) For affidavit and bond to obtain attachment and issuing the same 7.70 (5) For settling each case before judgment .50 (6) For each bail trover case, whole costs 3.00 (7) For filing paper in any cause 1.00 (8) For entering up judgment in each case .75 (9) For trial of each litigated case without jury 10.00 (10) For each witness sworn .50 (11) For issuing execution .75 (12) For affidavit to obtain possessory warrant, making out, and issuing same 6.25 (13) For making out interrogatories and certifying same 1.25 (14) For making out recognizances and returning the same to court .50 (15) For each subpoena for witness 1.00 (16) For issuing each distress warrant 2.00 (17) For each affidavit when no case is pending .50 (18) For answering each writ of certiorari to superior court 3.00

Page 4273

(19) For each motion for new trial and order 2.00 (20) For filing brief of evidence and order 2.00 (21) For presiding at trial of forcible entry and detainer 2.00 (22) For presiding at trial of right-of-way 2.00 (23) For presiding at trial of nuisance 1.00 (24) For issuing rules to establish lost papers 3.00 (25) For witnessing any paper .50 (26) For affidavit and bond to obtain garnishment 6.50 (27) For issuing summons of garnishment .50 (28) For each additional copy of garnishment .25 (29) For settling each case before judgment .50 (30) For claim affidavit and bond 5.50 (31) For certifying transcript 1.00 (32) For issuing order to sell perishable property 1.00 (33) For each lien foreclosure and docketing the same 2.00 (34) For drawing jury, for each case tried 1.00 (35) For summoning jury, for each case tried 1.00 (36) For trial by jury, each case tried 30.00 (37) For each order issued 1.00 (38) For issuing commission to take interrogatories 3.00 (39) For backing fi. fa. .50 (40) For rule against officer .35 For trying the same .35 For judgment on the same .35 (41) For attachment for contempt against officer of court .50 (42) For issuing dispossessory warrant with summons 4.00 For service of same 4.00 (43) For sale of property the cost allowed as commission shall be 6 1/4 percent (44) For issuing each search warrant 2.00 (45) For serving summons or attachment 2.50

Page 4274

(46) For each return by officer 2.00 (47) For serving each copy of summons 4.00 (48) For summoning each witness 1.50 (49) For marshal or deputy marshal attending court, for each judgment rendered .75 (50) For levying each fi. fa. 2.50 (51) For settling each fi. fa. when property not sold .50 (52) For each search and return nulla bona 6.00 (53) For keeping dog, per day .50 (54) For keeping horse, mule, ox, or ass, per day 1.25 (55) For keeping each head of sheep, goats, or hogs, per day .50 (56) For keeping each head of neat cattle, per day 1.00 (57) For serving rule to establish lost papers .35 For each additional copy .30 (58) For serving each order of court 1.50 For each additional copy .50 (59) For following property out of county, returning, per mile .05 (60) For each advertisement 1.50 (61) For taking bond in civil cases .50 (62) For execution of search warrant .75 (63) For execution of search warrant in house or vessel 3.00 (64) For serving garnishment summons 3.00 For each additional copy 1.00 (65) For removal of tenant from property where it is necessary to remove his property 12.50 (66) For each copy of warrant and summons 1.00 (67) For issuing writ of possession 5.00 SECTION 37. (a) The fees and costs set out in Section 36 of this Act shall apply to all cases and proceedings, irrespective of the amount involved, except that in all cases or proceedings in which the principal sum claimed or the value of the property exceeds the sum of $100.00, the fees and costs

Page 4275

assessable and collectible by said court and the officials thereof, for the following items, shall be: (1) For filing and docketing each case not exceeding $500.00 $ 700 (2) For filing and docketing each case exceeding $500.00, but not in excess of $1,000.00 10.00 (3) For filing and docketing each case exceeding $1,000.00, but not in excess of $5,000.00 13.00 (4) For filing and docketing each case exceeding $5,000.00 18.50 (5) For filing and docketing each garnishment or writ of possession exceeding $7,500.00 28.50 (6) For filing and docketing dispossessory warrant in which a money judgment of $100.00 or less is sought 8.00 (7) For filing and docketing dispossessory warrant in which a money judgment of more than $100.00 but less than $500.00 is sought 9.10 (8) For filing and docketing dispossessory warrant in which a money judgment of more than $500.00, but less than $1,000.00 is sought 10.75 (9) For filing and docketing dispossessory warrant in which a money judgment of more than $1,000.00, but less than $5,000.00 is sought 12.25 (10) For filing and docketing dispossessory warrant in which a money judgment exceeding $5,000.00 is sought 21.25 (11) For summons and copying each unit of service, per 1,000 words .10 (12) For summons and copy of suit for service after first copy .75 (13) For copying and issuing process 1.00 (14) For issuing each fi. fa. in excess of $500.00, but not in excess of $1,000.00 2.00 (15) For issuing each fi. fa. in excess of $1,000.00 3.00 (16) For each motion for new trial involving in excess of $500.00, but not in excess of $1,000.00 4.00 (17) For each motion for new trial involving in excess of $1,000.00 6.00

Page 4276

(18) For brief of evidence and order in each case in excess of $500.00 but not in excess of $1,000.00 4.00 (19) For brief of evidence and order in each case in excess of $1,000.00 6.00 (20) For settlement of cases not in excess of $100.00 2.50 (21) For settlement of cases in excess of $100.00, but not in excess of $500.00 2.25 (22) For settlement of cases in excess of $500.00, but not in excess of $1,000.00 1.50 (23) For each settlement of cases in excess of $1,000.00 3.00 (24) For issuing an order to sell property in excess of $500.00, but not in excess of $1,000.00 3.50 (25) For issuing an order to sell property in excess of $1,000.00 5.00 (26) For sale of property amounting to over $100.00, the costs allowed as commission shall be the costs allowed the sheriffs of superior court. (27) For levy of each fi. fa. in excess of $500.00, but not in excess of $1,000.00 8.00 (28) For levy of each fi. fa. in excess of $1,000.00 8.00 (29) For copy of bill of exceptions for each case involving in excess of $500.00, but not in excess of $1,000.00 2.50 (30) For copy of bill of exceptions for each case involving in excess of $1,000.00 5.00 (31) For filing exceptions pendente lite for each case involving in excess of $500.00 but not over $1,000.00 2.00 (32) For filing exceptions pendente lite for each case involving in excess of $1,000.00 4.00 (33) For each legal document received for execution (including service of summons) where an insufficient or incorrect address has been furnished to the marshal, the marshal may charge the following fee 15.00 (34) For levy on each writ 15.00 (35) For levy on an attachment 15.00 (b) The fees and costs assessed and collectible by said court and those officials thereof in all criminal cases or proceedings shall be as follows:

Page 4277

(1) For issuing warrant $ 5.00 (2) For each trial 2.00 (3) For examining each witness .50 (4) For mittimus .50 (5) For issuing subpoena 10.00 (6) For serving each subpoena .50 (7) For each arrest 3.00 (8) For attending trial .50 (9) For taking bond 2.00 (10) For holding prisoner pending examination 1.50 (11) For each waiver of preliminary hearing or trial and entering plea of guilty or nolo contendere 1.50 Other than as provided in this Act, the fees and costs in criminal proceedings in said court shall be the same as are now provided by law in criminal cases or proceedings in the magistrate courts and before magistrates of this state; and also, other than as provided for in this Act, the fees and costs in all civil cases or proceedings shall be the same as now provided by law in cases or proceedings in the magistrate courts and before magistrates of this state. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended; and for other purposes. This 17th day of February, 1997. THOMAS B. BUCK, III Representative Thomas B. Buck, III 135th District GEORGIA, FULTON COUNTY

Page 4278

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who on oath deposes and says that he is the Representative from the 135th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THOMAS B. BUCK, III Representative, 135th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

Page 4279

MUSCOGEE COUNTY STATE COURT; JUDGES; COMPENSATION. No. 367 (House Bill No. 770). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2246), an Act approved March 19, 1987 (Ga. L. 1987, p. 4423), an Act approved March 21, 1989 (Ga. L. 1989, p. 3994), and an Act approved March 24, 1994 (Ga. L. 1994, p. 4029), so as to change the compensation of the judges of the 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 establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2246), an Act approved March 19, 1987 (Ga. L. 1987, p. 4423), an Act approved March 21, 1989 (Ga. L. 1989, p. 3994), and an Act approved March 24, 1994 (Ga. L. 1994, p. 4029), is amended by striking subsection (a) of Section 3A, which reads as follows: (a) The chief judge of the State Court of Muscogee County shall receive an annual salary which is equal to 90 percent of the total salary, including any local salary supplement, which is received by a superior court judge of the Chattahoochee Judicial Circuit. Each other judge of the State Court of Muscogee County shall receive an annual salary which is equal to 80 percent of the total salary, including any local salary supplement, which is received by a superior court judge of the Chattahoochee Judicial Circuit. Such salaries shall be paid in equal monthly installments from the funds of Muscogee County. Any change in the total compensation of a superior court judge of the Chattahoochee Judicial Circuit shall result in a corresponding change on the same date in the salary of each judge of the State Court of Muscogee County., and inserting in its place a new subsection (a) of Section 3A to read as follows: (a) The chief judge of the State Court of Muscogee County shall receive an annual salary which is equal to 90 percent of the total salary, including any local salary supplement, which is received by a superior court judge of the Chattahoochee Judicial Circuit. Each other judge of the State Court of Muscogee County shall receive an annual salary which is equal to 90 percent of the total salary, including any local salary supplement, which is received by a superior court judge of the Chattahoochee Judicial Circuit. Such salaries shall be paid in equal

Page 4280

monthly installments from the funds of Muscogee County. Any change in the total compensation of a superior court judge of the Chattahoochee Judicial Circuit shall result in a corresponding change on the same date in the salary of each judge of the State Court of Muscogee County. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, particularly by an Act approved March 29, 1971 (Ga. L. 1971, p. 2246), an Act approved March 19, 1987 (Ga. L. 1987, p. 4423), an Act approved March 21, 1989 (Ga. L. 1989, p. 3994), and an Act approved March 24, 1994 (Ga. L. 1994, p. 4029), so as to change the compensation of the judges of the court; to provide for related matters; to provide an effective date; and for other purposes. This 17th day of February, 1997. THOMAS B. BUCK, III Representative Thomas B. Buck, III 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III, who on oath deposes and says that he is the Representative from the 135th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other

Page 4281

written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THOMAS B. BUCK, III Representative, 135th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. MUSCOGEE COUNTY PROBATE COURT; JUDGE; COMPENSATION. No. 368 (House Bill No. 771). AN ACT To amend and Act establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, so as to change the salary of the judge of the Probate Court of Muscogee 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 establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended, is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows:

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SECTION 1. The salary of the judge of the Probate Court of Muscogee County shall be $60,000.00 per annum. SECTION 2. This Act shall become effective on January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act establishing the salary of the judge of the Probate Court of Muscogee County, approved February 6, 1952 (Ga. L. 1952, p. 2182), as amended; and for other purposes. This 17th day of February, 1997. THOMAS B. BUCK, III Representative Thomas B. Buck, III 135th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Buck, III who on oath deposes and says that he is the Representative from the 135th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Ledger-Enquirer, which is the official organ of Muscogee County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ THOMAS B. BUCK, III Representative, 135th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. PICKENS COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 370 (House Bill No. 854). AN ACT To provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that school district; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Pickens County School District, including, but not limited to, taxes to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.

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(3) Income means gross income, as defined by Georgia law, from all sources. (4) Senior citizen means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2. (a) Each resident of the Pickens County School District who is a senior citizen or who is disabled is granted an exemption on that person's homestead from all Pickens County School District ad valorem taxes for educational purposes for the full value of that homestead if that person's income, together with the income of all members of the family residing within the homestead, does not exceed $25,000.00 for the immediately preceding taxable year. (b) In order to qualify for the exemption provided for in subsection (a) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., relative to medical practitioners, as now or hereafter amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. (c) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Pickens County giving the person's age, or if disabled, the certificate or certificates required by subsection (b) of this section, the amount of income which that person and all members of the family residing within the 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 person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Pickens County or the designee thereof in the event that

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person for any reason becomes ineligible for that exemption. Any person who, as of January 1, 1997, has applied for and is eligible for the homestead exemption from Pickens County School District ad valorem taxes for educational purposes pursuant to an Act approved April 4, 1991 (Ga. L. 1991, p. 3851), 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 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Pickens County School District ad valorem taxes for educational purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 6. An Act providing a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes, approved April 4, 1991 (Ga. L. 1991, p. 3851), is repealed effective at the last moment of December 31, 1997. SECTION 7. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pickens County School District for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 1997, 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 Pickens 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 all Pickens County School District ad valorem taxes for educational purposes for that school district for the full value of homesteads for residents of that school district who are 62 years of age or older or disabled and whose household income does not exceed $25,000.00 and which repeals the prior homestead exemption which applied only to persons 62 years of age and older whose household income did 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 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, 1998. If Sections 1 through 6 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Pickens 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 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from all Pickens County School District ad valorem taxes for educational purposes for the full value of the homestead of certain residents of that School District; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates and automatic repeal; and for other purposes. This 5th day of February 1997. Rep. Garland Pinholster 15th District
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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 the Representative from the 15th District, and further deposes and says as follows: (1) That the attached 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 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GARLAND PINHOLSTER Representative, 15th District Sworn to and subscribed before me, this 28th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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PICKENS COUNTYHOMESTEAD EXEMPTION; COUNTY TAXES; REFERENDUM. No. 371 (House Bill No. 855). AN ACT To provide a homestead exemption from certain Pickens County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that county; to provide for a three-year phase-in period for such exemption; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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 Pickens County, excluding taxes to retire county bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. SECTION 2. (a) Each resident of Pickens County is granted an exemption on that person's homestead from all Pickens County ad valorem taxes for county purposes in the amount of $3,000.00 of the assessed value of that homestead for the taxable year beginning on or after January 1, 1998, and prior to January 1, 1999; $4,000.00 of the assessed value of that homestead for the taxable year beginning January 1, 1999, and prior to January 1, 2000; and $5,000.00 of the assessed value of that homestead for all taxable years beginning on or after January 1, 2000. 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 Pickens County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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 Pickens 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, 1997, has applied for and is eligible for the $2,000.00 homestead exemption from county and school district ad valorem taxes pursuant to Code Section 48-5-44 of the O.C.G.A. shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county schol district taxes for educational purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Pickens County ad valorem taxes for county purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Pickens County for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 1997, 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 Pickens County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Pickens County ad valorem taxes for county purposes for that county in the amount of $5,000.00 of the assessed value of the homestead over a three-year phase-in 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

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more than one-half of the votes cast on such question are for approval of the Act, then Sections 1 through 5 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, 1998. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 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 Pickens County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Pickens County ad valorem taxes for county purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that county; to provide for a three-year phase in period for such exemptions; to provide for defintions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for a referendum, effective dates and automatic repeal; and for other purposes. This 17th day of February 1997. Rep. Garland Pinholster 15th 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 the Representative from the 15th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress, which is the official organ of Pickens County, on the following date: February 19, 1997.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GARLAND PINHOLSTER Representative, 15th District Sworn to and subscribed before me, this 28th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. PICKENS COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 372 (House Bill No. 856). AN ACT To provide a homestead exemption from certain Pickens County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that school district; to provide for a three-year phase-in period for such exemption; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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: SECTION 1. For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Pickens County School District, excluding 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. SECTION 2. (a) Each resident of the Pickens County School District is granted an exemption on that person's homestead from all Pickens County School District ad valorem taxes for educational purposes in the amount of $3,000.00 of the assessed value of that homestead for the taxable year beginning on or after January 1, 1998, and prior to January 1, 1999; $4,000.00 of the assessed value of that homestead for the taxable year beginning January 1, 1999, and prior to January 1, 2000; and $5,000.00 of the assessed value of that homestead for all taxable years beginning on or after January 1, 2000. 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 Pickens County giving such information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such person is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose and shall require such information as may be necessary to determine the initial and continuing eligibility of the applicant for the exemption. SECTION 3. 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 applicant 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

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commissioner of Pickens 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, 1997, has applied for and is eligible for the $2,000.00 homestead exemption from county and school district ad valorem taxes pursuant to Code Section 48-5-44 of the O.C.G.A. shall be eligible for the exemption granted by this Act without further application if that person has applied for and been eligible for the immediately preceding year for such exemption. SECTION 4. (a) The exemption granted by this Act shall not apply to or affect any state taxes, municipal taxes, or county taxes for county purposes. (b) The exemption granted by this Act shall be in lieu of any other homestead exemption from Pickens County School District ad valorem taxes for educational purposes. SECTION 5. The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1998. SECTION 6. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Pickens County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Pickens County School District for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in September, 1997, 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 Pickens County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from certain Pickens County School District ad valorem taxes for educational purposes for that county in the amount of $5,000.00 of the assessed value of the homestead over a three-year phase-in 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 Sections 1 through 5 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, 1998. If Sections 1 through 5 of this Act are not so approved or if the election is not conducted as provided in this section, Sections 1 through 5 of this Act shall not become effective and this Act shall

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be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Pickens County. It shall be the superintendent's duty to certify the result thereof to the Secretary of State. SECTION 7. Except as otherwise specified in Section 6 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide a homestead exemption from certain Pickens County School District ad valorem taxes for educational purposes in the amount of $5,000.00 of the assessed value of the homestead of certain residents of that School District; to provide for a three-year phase-in period for such exemptions; 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; and for other purposes. This 5th day of February 1997. Rep. Garland Pinholster 15th 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 the Representative from the 15th District, and further deposes and says as follows: (1) That the attached 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 5, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GARLAND PINHOLSTER Representative, 15th District Sworn to and subscribed before me, this 28th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. TOWN OF MCINTYRE CORPORATE LIMITS; ALDERMEN; ELECTIONS; DISTRICTS. No. 373 (House Bill No. 878). AN ACT To amend an Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended, particularly by an Act approved February 23, 1984 (Ga. L. 1984, p. 3624), so as to extend the corporate limits of the Town of McIntyre; to change the provisions relating to the election of aldermen in said town; to provide for the election of aldermen from districts; to provide for the description of districts; to provide for submission; to provide an effective date; to provide for the automatic repeal of certain provisions 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. An Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended, particularly by an Act approved February 23, 1984 (Ga. L. 1984, p. 3624), is amended by striking the first paragraph of Section 1-3 and inserting in lieu thereof the following: SECTION 1-3. Organization of Municipal Government; Legislative Power. The municipal government of said town shall be vested in the mayor and five aldermen and such other officers, employees, boards, and commissions as the mayor and aldermen may see fit to elect and appoint as provided in this Act. The mayor shall be elected at large and the five aldermen shall be elected from districts as provided in Section 4-15. SECTION 2. Said Act is further amended by adding to the end of Section 1-4 a new subsection (c) to read as follows: (c) In addition to the corporate limits stated in subsections (a) and (b) of this section, the corporate limits of the Town of McIntyre shall be enlarged and extended to include the additional territory described as follows: `BEGINNING AT A POINT IN THE CENTER OF THE CITY OF McINTYRE (A BRASS DISC IN NORTHEASTERN FUEL ISLAND OF FLASH FOODS STORE) THENCE North 23 degrees 00 minutes 05 seconds East for a distance of 6580 feet to a POINT ALONG U.S. HIGHWAY 441 NORTH AND THE POINT OF BEGINNING; THENCE North 89 degrees 49 minutes 12 seconds West for a distance of 15108.06 feet to an 1PS ALONG THE SOUTHERN EDGE OF THE CENTRAL OF GEORGIA RR WEST OF THE ENGLEHARD PLANT; THENCE South 12 degrees 07 minutes 36 seconds East for a distance of 2739.81 feet to a NAIL SET ALONG COUNTY PAVED ROAD S1467; THENCE South 43 degrees 25 minutes 40 seconds East for a distance of 10849.61 feet to a NAIL SET ALONG COUNTY PAVED ROAD S1565; THENCE South 64 degrees 08 minutes 08 seconds East for a distance of 10849.61 feet to a NAIL CAP SET AT THE CENTERLINE INTERSECTION OF ASBELL ROAD AND COUNTY ROAD 209;

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THENCE North 77 degrees 26 minutes 53 seconds East for a distance of 5012.41 feet to a POINT ALONG U.S. HIGHWAY 441 SOUTH; THENCE South 80 degrees 39 minutes 05 seconds East for a distance of 3781.91 feet to a POINT ALONG McINTYRE WRILEY ROAD; THENCE North 16 degrees 22 minutes 05 seconds West for a distance of 11282.84 feet to a POINT ALONG U.S. HIGHWAY 441 AND THE POINT OF BEGINNING LESS and except the original City limit of 3/4 miles in all directions from the center of the City, containing 1,131 acres. AREA to be annexed is 2,141.4 acres.' SECTION 3. Said Act is further amended by striking Section 4-14 and inserting in lieu thereof a new Section 4-14 to read as follows: SECTION 4-14. Eligibility to Hold Town Office. No person shall be eligible to hold the office of mayor or alderman in said town unless he or she is 25 years old, a qualified elector of the Town of McIntyre, and shall have resided in the town for a period of at least six months immediately preceding his or her election. In addition, no person shall be eligible to hold the office of alderman unless he or she has resided in the election district for which he or she qualifies for a period of at least six months immediately preceding the election and unless he or she continues residency in such district during the term of office. SECTION 4. Said Act is further amended by striking the first paragraph of Section 4-15 and inserting in lieu thereof the following: SECTION 4-15. Candidates for Mayor or Aldermen; Election; Terms of Office; Districts; Filing Fees. (a) On the Tuesday next following the first Monday in November in 1999, and quadrennially thereafter, an election shall be conducted in the Town of McIntyre for the purpose of electing candidates to succeed the mayor and aldermen whose terms shall expire on December 31 of that year.

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(b) The mayor and aldermen in office on the effective date of this Act shall continue to serve until the expiration of their terms and until their successors are elected and qualified. (c) (1) All candidates for the office of mayor shall be elected by the voters of the town at large, and a candidate for mayor must attain a majority of the votes cast in any election to be elected. In instances where no candidate receives a majority of the votes cast, a run-off election shall be held as provided by law between the two candidates receiving the highest number of votes. The candidate receiving a majority of the votes cast in such run-off election shall be declared the winner. (2) Any candidate for the office of alderman shall designate the election district from which he or she is qualifying for office and shall be elected only by the electors voting in such election district. The two candidates for the office of alderman from Election District No. 1 who receive the highest number of votes from the electors of said election district shall be elected as aldermen from said election district. The three candidates for the office of alderman from Election District No. 2 who receive the highest number of votes from the electors of said election district shall be elected as aldermen from said election district. (3) The mayor and aldermen shall take office on the first day of January immediately following their election and shall serve for terms of four years and until their successors are elected and qualified. (d) (1) For the purpose of electing aldermen as provided in this section, the Town of McIntyre shall be divided into two election districts. Those districts shall constitute the territory of the Town of McIntyre as contained in the description of the election districts attached to this Act and made a part hereof and further identified as: `Operator: local Client: mcintyre Plan: mcintyrecc`.' (2) For purposes of paragraph (1) of this subsection: (A) The terms `Tract,' `Block,' and `VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (B) The term `Precinct' is synonymous with the term `voting precinct' and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (C) Whenever the description of any district refers to the Town of McIntyre, 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;

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(D) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any district contains a conflict between the geographical boundaries of any VTD and the boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (E) Any part of the Town of McIntyre which is not included in any district described in paragraph (1) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (F) Any part of the Town of McIntyre which is described in paragraph (1) of this subsection 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 contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. (e) All elections shall be held and conducted in accordance with the Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code,' as now or hereafter amended. SECTION 5. It shall be the duty of the governing authority of the Town of McIntyre 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. If implementation of Section 4 of this Act and the election of aldermen in the Town of McIntyre from districts is not permissible under the federal Voting Rights Act of 1965, as amended, then Section 2 of this Act shall be void and stand repealed in its entirety on January 1, 1998. SECTION 6. Except as otherwise provided in subsection (a) of Code Section 36-36-2 of the O.C.G.A., 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 7. All laws and parts of laws in conflict with this Act are repealed.

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Operator: local Client: mcintyre Plan: mcintyrecc1 District No. 1 WILKINSON Tract: 9602. That part of block 144 which lies within the newly incorporated area That part of block 145C lying south of Julian Roberts ByPass Blocks 145D, 163, 164, 165A, 165D, 166A, 166B That part of blocks 166C, 167, 168, 169 which lies within the newly incorporated area Blocks 170A, 170B, That part of block 170C which lies within the newly incorporated area Blocks 171, 172, 173, 176, 199A, 199C, 199D That part of blocks 203B, 203C lying west of an unnamed intermittent stream which flows north into Commissioner Creek Blocks 205, 206, 207, 208, 209, 210, 211B That part of blocks 211C, 213 which lies within the newly incorporated area District No. 2 WILKINSON Tract: 9602. Blocks 145A, 145B That part of block 145C lying north of the Julian Roberts ByPass Block 145E That part of block 145F which lies within the newly incorporated area Block 146A That part of block 146B which lies within the newly incorporated area Block 157A That part of blocks 157B, 158 which lies within the newly incorporated area Block 159A That part of block 159B which lies within the newly incorporated area Blocks 160A, 160B, 161, 162, 165B, 165C, 175A, 175B, 177, 178, 179A That part of block 179B which lies within the newly incorporated area That part of blocks 203B, 203C lying east of an unnamed intermitten stream which flows north into Commissioner Creek Block 204

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act incorporating the Town of McIntyre, Georgia, approved March 30, 1971, (Ga. L. 1971, p. 2370), as amended; and for other purposes. This 24th day of February, 1997. 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 the Representative from the 123rd District, and further deposes and says as follows: (1) That the attached 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 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ KENNETH W. BIRDSONG Representative, 123rd District Sworn to and subscribed before me, this 27th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. HANCOCK COUNTY BOARD OF COMMISSIONERS; COMPENSATION. No. 374 (House Bill No. 902). AN ACT To amend an Act creating a Board of County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, so as to change the provisions relating to the compensation of the chairperson and other members of the board of county 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 County Commissioners of Hancock County, approved October 5, 1885 (Ga. L. 1884-85, p. 435), as amended, is amended by striking paragraphs (1) and (2) of subsection (c) of Section VIII and inserting in lieu thereof new paragraphs (1) and (2) to read as follows: (c)(1) The chairperson shall receive an annual salary of $25,000.00 and an annual expense allowance of $1,500.00. (2) Each member of the board, other than the chairperson, shall receive an annual salary of $4,500.00. SECTION 2. This Act shall become effective on January 1, 1998. SECTION 3. All laws and parts of laws in conflict with this Act are repealed.

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Resolution Whereas, the annual salaries of the Hancock County Board of Commissioners are currently as follows: Commission Chairperson $ 22,000 Part-Time Commissioner $ 3,600 Whereas, the compensation of the Hancock County Board of Commissioners is controlled by the General Assembly of the State of Georgia, and, Whereas, the Hancock County Board of Commissioners wish to increase the annual salaries to the following levels: Commission Chairperson $ 27,000.00 Part-Time Commissioner $ 4,500 Therefore, the Hancock County Board of Commissioners resolve to petition the General Assembly of the State of Georgia in its 1997 Session to increase the annual salaries to the above stated levels. Adopted by the majority vote of the Hancock County Board of Commissioners at its meeting on January 7, 1997. In Witness Whereof, We have hereinto set our hand and caused the Seal of Hancock County to be affixed. This 14th day of, January 1997. Betty Hill Chairman Emory W. Grier Vice Chairman Billy G. Boyer Commissioner Clifton Boone Bobby Warren ATTEST: Mamie D. Smith Clerk SEAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 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 3rd day of February, 1997. Rep. Helen G. Sistie Hudson 120th District GEORGIA, FULTON COUNTY

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Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Helen G. Hudson, who on oath deposes and says that she is the Representative from the 120th District, and further deposes and says as follows: (1) That the attached 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 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HELEN G. HUDSON Representative, 120th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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WARREN COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 375 (House Bill No. 918). AN ACT To amend an Act providing for a board of commissioners of Warren County, approved March 23, 1977 (Ga. L. 1977, p. 3951), as amended, so as to change the provisions relating to the compensation of the chairman and other members of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for a board of commissioners of Warren County, approved March 23, 1977 (Ga. L. 1977, p. 3951), as amended, is amended by striking subsection (b) of Section 5 in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b)(1) The chairman of the board of commissioners shall be compensated as follows: (A) The person serving as chairman of the board of commissioners shall receive a base annual salary as follows: (i) Effective January 1, 1998, $39,000.00; and (ii) Effective January 1, 1999, $44,000.00; (B) Beginning on January 1, 1998, and continuing thereafter, in any year that the sheriff of Warren county receives a cost-of-living increase or general performance based increase of a certain percentage or a certain amount pursuant to the provisions of paragraph (2) of subsection (a) of Code Section 15-16-20 of the O.C.G.A., the amount of the effective base annual salary provided in subparagraph (A) of this paragraph, plus any previous cost-of-living increases in salary received by the person serving as chairman pursuant to the provisions of this subparagraph, and plus any previous longevity increases in salary received by the person serving as chairman authorized under subparagraph (C) of this paragraph shall be increased by the same such percentage or same such amount applicable to the sheriff. Such increase in salary shall become effective on the same date that the increase to which the sheriff is entitled becomes effective; (C) Beginning on January 1, 1998, and continuing thereafter, whenever the chairman of the board completes a four-year term of office, the amount of the effective base annual salary provided in subparagraph (A) of this paragraph, plus any previous cost-of-living

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increases in salary received by the person serving as chairman authorized under subparagraph (B) of this paragraph, and plus any previous longevity increases in salary received by the person serving as chairman pursuant to the provisions of this subparagraph shall be increased by 5 percent. Such increase in salary shall become effective on the first day of January following the completion of each four-year term of office; and (D) The salary provided in this paragraph shall be paid in equal monthly installments from the funds of Warren County. (2) The chairman shall also receive an expense allowance in the sum of $4,200.00 to defray the expenses incurred by him in carrying out his official duties. Said expense allowance shall be paid in equal monthly installments. When traveling out of the county on official business, the chairman shall be reimbursed for actual expenses incurred thereby, in addition to the foregoing, which shall be paid from the funds of Warren County; provided, however, that expenses incurred while traveling out of the county shall not be reimbursed without the approval of the board of commissioners. (3) The members of the board, other than the chairman, shall each be compensated in the amount of $3,600.00 per annum to be paid in equal monthly installments from the funds of Warren County. In addition to said salary, each such member shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Warren County. (4)(A) The salary and expenses provided for in this subsection shall constitute the entire compensation from all sources to which said members of the board shall be entitled to be paid county funds. (B) The salary and expenses provided for in this subsection are expressly in lieu of the salary supplement provided by an Act approved March 17, 1967 (Ga. L. 1967, p. 2168), and the commissioners, including the chairman, shall not be entitled to receive the supplement provided by said Act. SECTION 2. This Act shall become effective January 1, 1998. 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 1997 session of the General Assembly of Georgia a bill to amend an Act providing for a

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Board of Commissioners of Warren County, approved March 23, 1977 (Ga. L. 1977, p. 3951), as amend, for the purpose of increasing the compensation for the chairman and the members; and for other purposes. This 10th day of February, 1997 Helen G. Sistie Hudson, Representative, 120th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Helen G. Hudson, who on oath deposes and says that she is the Representative from the 120th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Warrenton Clipper, which is the official organ of Warren County, on the following date: February 14, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HELEN G. HUDSON Representative, 120th District Sworn to and subscribed before me, this 17th day of February, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CITY OF METTER NEW CHARTER. No. 376 (House Bill No. 929). AN ACT To provide a new charter for the City of Metter; 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 manager, a city clerk, a city administrator, 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 require submission of this Act to the United States Attorney General for certain approval; to provide for severability; to provide an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style Metter, Georgia, and by that name shall have perpetual succession.

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SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of Metter, 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 mayor, city administrator, and city clerk may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. (c) The powers of the government of the City of Metter to be exercised by the mayor and city council shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this charter; (3) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of

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money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) Building regulation. To regulate and to license the erection, construction, and demolition 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 or suspend such licenses after due process for failure to pay any city taxes, fees, or violations of city ordinances; (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 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, 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 city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (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

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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 and outside the corporate limits of the city as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules, and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof and for preserving the health, peace, order, and good government of the city; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (26) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks 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; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates,

Page 4313

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; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage systems and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;

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(36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit to the extent permitted by state law professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvements; (38) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into

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execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.10A. Wards. The City of Metter shall be divided into two districts as set forth in the description of districts attached to this Act and made a part hereof and further identified as Operator: local Client: metter Plan: metter4r. SECTION 2.11. City Council. Pursuant to Code Sections 21-3-51 and 21-3-63 of the O.C.G.A., the mayor and members of the city council shall be elected for terms of four years and until their respective successors are elected and qualified. The mayor shall be elected by the voters of the city at large. Five councilmembers shall be elected as follows: (1) Seats 1, 2, and 3 shall be elected at large from District 1; and (2) Seats 4 and 5 shall be elected at large from District 2. The mayor shall be elected to a four-year term at the 2001 general municipal election and every four years thereafter. Seats 1, 3, and 5 shall be elected to a four-year term at the general municipal election in 1999 and every four years thereafter. Seats 2 and 4 shall be elected to a four-year term at the general municipal election in 2001 and every four years thereafter. Terms shall begin on the first day of January following the election. The mayor and councilmembers whose terms begin on the effective date of this charter shall continue to hold office until the terms for which they were elected expire, but the city council may change the nomenclature of the description of such office to conform to the terms used in this charter. No person shall be eligible to hold the office of mayor or councilmember unless he or she is 21 years of age, a qualified elector of the City of Metter, and a resident of the City of Metter for a period of one year immediately preceding the election.

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SECTION 2.12. Vacancy; filling of vacancies; suspensions. (a) Vacancies The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension Upon the suspension from office of the 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. Conflict of interest. The city council shall enact by ordinance a conflict of interest code applicable to elected and appointed city officers and officials. 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 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 applicable now or as provided in the future. SECTION 2.18. Organizational meetings. The city council shall hold an organizational meeting on or before the second Monday in January. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. SECTION 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or 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. (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 2.20. Rules of procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping minutes of its proceedings, which shall be a public record.

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SECTION 2.21. Quorum; voting. (a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote or show of hands 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. In case of a tie, the mayor may vote. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the city council. A vote of a majority of the remaining councilmembers shall be required for the adoption of any ordinance, resolution, or motion. SECTION 2.22. Ordinance form; procedures. (a) Every proposed ordinance should be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Metter, Georgia, hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.24. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three

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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 90 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.26 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the 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

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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 Metter, 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 reporduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until the mayor's successor is elected and qualified. No person is eligible to hold the office of mayor unless such person is 21 years old, is a qualified elector of the City of Metter, and shall have resided in the City of Metter for a period of one year immediately preceding such person's election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers, as set by ordinance. SECTION 2.28. Chief executive officer. The mayor shall be the chief executive of this city. The mayor shall possess all of the executive and administrative powers granted to the city under the Constitution and laws of the State of Georgia and all the executive and administrative powers contained in this charter. SECTION 2.29. Powers and duties of mayor. The mayor shall be the chief executive officer of the city and shall have general supervision over its affairs. The mayor shall sign all deeds and contracts, except deeds made for property sold under execution at public

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sale, which shall be signed by the marshal or chief of police; approve all bills and vouchers for the payment of money; and be clothed with veto power as hereinafter set out. It shall be the duty of the mayor to see that the laws and ordinances of the city are faithfully carried out and executed within the corporate limits of the city. The mayor shall keep the council advised from time to time of the general condition of the city and shall recommend such measures as the mayor may deem necessary or expedient for the welfare of the city. The mayor shall preside over the meetings of the city council and may call the council together at any time when deemed necessary by the mayor and shall also devote all the time necessary to the discharge of the duties of mayor of the city. SECTION 2.30. Submission of ordinances to the mayor; veto power. Every ordinance and resolution passed by the city council shall be subject to veto by the mayor in the following manner: the mayor shall within ten days write out the mayor's objections to such ordinance or resolution, and the city council shall, at the next regular meeting at which a quorum shall be present, order said objections entered on the minutes and take a vote on the question as to whether said ordinance, resolution, or other action shall become adopted over said veto. Should as many as three councilmembers vote in the affirmative, said resolution or ordinance shall stand affirmed and become effective without the approval of the mayor; otherwise it shall not become effective. The ayes and nays shall in all cases be entered on the minutes. SECTION 2.31. Mayor pro tempore; selection; duties. At the first regular meeting in January of each year, the city council shall elect a councilmember to serve as mayor pro tempore by a majority vote. Upon the mayor's disability or absence, the mayor pro tempore shall preside at all meetings of the city council and shall assume the duties and powers of the mayor. 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

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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 supervisors 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, directors, and supervisors of departments shall receive such compensation as prescribed by ordinance. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor and council, be responsible for the administration and direction of the affairs and operations of that director's department. In the case where a director is not appointed, the supervisors will be responsible for that department. (e) The city administrator, city clerk, chief of police, fire chief, supervisors, directors, and all other employees other than volunteers will be appointed in accordance with the city's personnel policies as adopted by ordinance. Appeals and grievance procedures will be followed as set forth in said 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. (d) 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. (e) 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

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that person's office, such oath to be prescribed by ordinance and administered by the mayor. (f) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (g) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as 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. ADMINISTRATIVE OFFICERS SECTION 3.12. City attorney. The city council shall appoint a city attorney, together with such assistant city attorneys as may be authorized, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may associate other counsel with the approval of the mayor and council; 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 3.12A. City manager. The city council may appoint a city manager for an indefinite term and shall fix the city manager's compensation. The city manager shall be appointed solely on the basis of that person's executive and administrative qualifications. The removal, powers, and duties of the city manager will be established by ordinance. SECTION 3.13. City administrator. The city council may appoint a city administrator, in accordance with the city's personnel policy, who shall not be a councilmember. The city administrator shall be responsible for implementing the directives of the

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mayor and council and for providing overall guidance of all departments and coordinating special projects as needed and shall perform such other duties as outlined in the city's personnel policy. The city administrator shall be bonded in an appropriate amount to be fixed by the mayor and council for the faithful performance of the duties of city administrator and shall take an oath before the mayor and council that such city administrator will to the best of such city administrator's ability faithfully perform the duties of the office of city administrator without favor or partiality. SECTION 3.14. City clerk. The city council shall appoint a city clerk in accordance with the city's personnel policy 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 and will be subject to the city's personnel policy. The city clerk shall be bonded in an appropriate amount to be fixed by the mayor and council for the faithful performance of the duties of city clerk. The city clerk shall take and subscribe an oath before the mayor and council that the city clerk will to the best of his or her ability faithfully perform the duties of the office of city clerk without favor or partiality. SECTION 3.15. City treasurer. The city council may appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. This position, at the election of the mayor and council, may be filled by the city clerk or city administrator. SECTION 3.16. City accountant. The city council may appoint a city accountant to perform the duties of an accountant. SECTION 3.17. Chief of police. The city council shall appoint a chief of police in accordance with the city's personnel policy who shall not be a councilmember. The chief of police is responsible for being the chief law enforcement officer of the City of Metter. It shall be the duty of the chief of police to prosecute all offenders

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against the laws of the state committed within the corporate limits of the City of Metter. In case any crime is committed in the presence of the chief of police or comes to his or her knowledge, it shall be his or her duty to prosecute the same. It shall be the duty of the chief of police to levy and collect all executions for taxes, fines, licenses, permits, or other money due the city; to advertise and conduct all sales of property under execution or other process, execute deeds, or other conveyances used in such cases; and perform such other service as the mayor and council shall require and as outlined in the city's personnel policy. Before entering upon the duties of the office, the chief of police shall take and subscribe an oath before the mayor and council that such chief of police will to the best of his or her ability faithfully perform the duties of the office of chief of police without favor or partiality. The chief of police will be bonded at an appropriate amount as fixed by the mayor and council. PERSONNEL ADMINISTRATION SECTION 3.18. Position classification and pay plans. The city manager, city administrator, or the city clerk as designated by the city council 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. SECTION 3.19. Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel notices as may be necessary to provide for adequate and systematic handling of personnel affairs.

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ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the City of Metter. 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 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. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of not more than $1,000.00 or imprisonment for not more than six months or both such fine and imprisonment or

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may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law. (d) The mayor and city council 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 mayor's, recorder's, and police courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.14. 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

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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, 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. 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 5.12. Election by majority. The person receiving a majority of the votes cast for any city office shall be elected. In the event that no candidate receives a majority of the votes, a run-off election shall be conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. SECTION 5.13. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the mayor 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 5.14. 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

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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 5.15. Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by 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. ARTICLE VI FINANCE SECTION 6.10. Property tax. The city council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must

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be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The city council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. 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 regulations. Such fees may reflect the total cost to the city for regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council may 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.

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

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exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.24. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 30 days prior to the beginning of each fiscal year, the mayor, administrator, or other person so designated shall submit to the city council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget and the capital improvements budget provided for in this charter, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

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SECTION 6.25. 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 the last month of the current fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with 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. Tax levies. Following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city. SECTION 6.27. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes, but any additional appropriations may be made only from an existing unexpended surplus.

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SECTION 6.28. Capital improvements budget. (a) On or before the date fixed by the city council, but no later than 30 days prior to the beginning of each fiscal year, the mayor, administrator, or other person so designated shall submit to the city council a proposed capital improvements budget with such person's recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the fifteenth day of September of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor or administrator may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by such mayor's or administrator's recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.29. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal 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. The city may require independent auditors to bid every three years. SECTION 6.30. Contracting procedures. No contract with the city shall be binding on the city unless it is: (1) In writing; and (2) 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.

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SECTION 6.31. Centralized purchasing. The city council may by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of city property. (a) The city council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work 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 may 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.

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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. 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. Submission to United States Attorney General. It shall be the duty of the governing authority of the City of Metter 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 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 to provide a new charter for the City of Metter, approved August 16, 1920 (Ga. L. 1920, p. 1278), as amended, is repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.17. Effective date. This Act shall become effective on January 1, 1998.

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SECTION 7.18. General repealer. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: metter Plan: metter4r District No. 1 CANDLER Tract: 9501. Block: 222A, 234A, 235, 236A, 237A, 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, 304A, 305, 306, 307, 308, 317, 318, 319, 320 Block Group: 4 Block: 516, 517, 518, 519, 520, 521, 522, 523, 527, 528, 529, 533, 534A, 535, 536, 537, 538, 539A, 539B, 546A, 547A, 553A, 554, 555, 557A, 558A, 563A, 599A, 599B, 599C District No. 2 CANDLER Tract: 9501. Block: 309A, 311, 312A, 312B, 313, 314, 315, 316, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350A, 351A, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 501A, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 524, 525, 526, 530, 531, 532, 556A, 559A, 560A, 561, 562A, 564A, 568A, 568B, 599D PUBLIC NOTICE PROPOSED CHARTER Notice is given that there will be introduced at the regular session of the General Assembly of Georgia a bill to provide a new charter for the City of Metter, to provide for the incorporation, powers and boundaries of said city; to provide for governing authority; to provide for city organization, personnel and physical administration; to provide for all other matters necessary and proper for the city to conduct business as a muncipal corporation; to provide for matters relative to the foregoing; to repeal specific laws; and for other purposes. A public hearing has been scheduled for Monday, January 13, 1997 at 6 p.m. at City Hall. A copy of the proposed new charter for the City of Metter is available for public inspection during regular office hours. City Hall is located at 49 S. Rountree St. and our business hours are from 8 a.m. to 5 p.m., Monday through Friday. If anyone has questions, please contact Wanda Leverett, City Administrator at 685-2527.

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CITY OF METTER GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Martin, who on oath deposes and says that he is the Representative from the 145th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Metter Advertiser, which is the official organ of Candler County, on the following date: January 8, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JAMES L. MARTIN Representative, 145th District Sworn to and subscribed before me, this 6th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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CHEHAW PARK AUTHORITY MEMBERSHIP; QUORUMS; CHIEF EXECUTIVE OFFICER. No. 377 (House Bill No. 933). AN ACT To amend an Act creating the Chehaw Park Authority, approved April 11, 1979 (Ga. L. 1979, p. 4515), as amended, so as to change the provisions relating to the membership of the authority; to provide for the appointment of additional members and their terms of office; to provide that the city manager of the City of Albany shall be an ex officio member of the authority without a vote; to repeal the provisions relating to the executive director and the service of the city manager as executive director; to change the provisions relating to quorums; to provide for the appointment of a chief executive officer and provide for the duties, powers, compensation, and expenses of the chief executive officer; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Chehaw Park Authority, approved April 11, 1979 (Ga. L. 1979, p. 4515), as amended, is amended by striking subsections (a), (b), (e), and (f) of Section 4 of said Act and inserting in their place the following: (a) On and after July 1, 1997, additional voting members and one additional ex officio nonvoting member are added to the membership of the authority, and thereafter the authority shall consist of nine voting members and two ex officio nonvoting members. All members shall be eligible to succeed themselves. Except as otherwise provided in this Act, members may reside anywhere within Dougherty County or any county which is contiguous to Dougherty County; however, at no time shall more than two members reside outside of Dougherty County. The terms of all members shall be as stated in this section and until their successors have been appointed and have accepted. (b) The members of the authority serving as such on June 1, 1997, shall continue to serve out the terms to which they were appointed and until their respective successors are appointed and have accepted. A successor to each member shall be appointed immediately prior to the expiration of the member's term of office, and, except as otherwise provided in this subsection, the person so appointed shall be appointed for a term of two years and until a successor is appointed and has accepted. One voting member of the authority shall be appointed by the board of commissioners of the City of Albany from its own membership to serve as a member of the authority concurrently with that person's term of office as commissioner. One voting member of the authority shall be appointed

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by said board of commissioners from nominees submitted by Chehaw Wildlife Society, Inc., or its successor, to serve for a term of two years, beginning on July 1, 1997, and until that person's successor is appointed and has accepted. Three voting members, including one of the two new voting members, shall be appointed for a term of two years, beginning on July 1, 1997, and until their respective successors are appointed and have accepted. One new voting member shall be appointed for a term of one year, beginning on July 1, 1997, and until a successor is appointed and has accepted. In 1998, four voting members shall be appointed for a term of two years, beginning on July 1, 1998, and until their respective successors are appointed and have accepted. The mayor of the City of Albany and the city manager of the City of Albany shall be ex officio nonvoting members of the authority. All vacancies as the result of the expiration of the terms of said members or otherwise shall filled by the Board of Commissioners of the City of Albany. In the event Chehaw Wildlife Society, Inc., shall cease to exist, leaving no successor, the member appointed from its nominees shall thereafter be appointed in the same manner as the at-large members. (e) The authority shall appoint a chief executive officer of the authority. The chief executive officer shall be responsible for the administration and execution of the policies of the authority and shall have such powers, duties, authority, and responsibilities as shall be provided by the authority. The compensation and expenses of the chief executive officer shall be as provided by the authority. The chief executive officer shall not be a member of the authority. (f) Seven voting members of the authority shall constitute quorum, and 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 at every meeting, and in every instance a majority vote of a quorum shall authorize any legal act of the authority, including all things necessary to incur debt and to authorize and issue revenue bonds. SECTION 2. Said Act is further amended by striking paragraph (m) of Section 5 and inserting in its place the following: (m) To construct, acquire, own, repair, remodel, maintain, extend, improve, and equip projects located on land owned or leased by the authority, or upon land owned or leased by a political subdivision or other political body or entity, pursuant to contracts with such other subdivision, body, or entity, and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations, or any other contributions, all of which the authority is hereby authorized to receive, accept, and use. The authority and the City of Albany shall be authorized to contract with each other for the City of Albany to furnish employees

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to the authority, which employees shall be subject to the control and direction of the chief executive officer of the authority but shall be and remain city employees for all purposes, including payment of salaries and the enjoyment of all employee benefits, and shall be subject to all rules, regulations, and requirements of city employees; 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 1997 session of the General Assembly of Georgia a bill to amend an Act creating the Chehaw Park Authority, approved April 11, 1979 (Ga. L. 1979, page 4515), as amended and for other purposes. This 21st day of February, 1997. Senator Mark Taylor 12th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lawrence R. Roberts, who on oath deposes and says that he is the Representative from the 162nd District, and further deposes and says as follows: (1) That the attached 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 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LAWRENCE R. ROBERTS Representative, 162nd District Sworn to and subscribed before me, this 6th day of March, 1997. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CITY OF ODUM NEW CHARTER. No. 378 (House Bill No. 966). AN ACT To reincorporate and provide a new charter for the City of Odum; 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, chairs 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, and 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, officers, and bylaws and their members' appointment, compensation, expenses, oaths, and removal; 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 an Act incorporating the City of Odum in the County of Wayne, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3044), as amended; 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 ODUM 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 Odum, 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

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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) (Description) of the corporatelimits of the City of Odum, Georgia. Photographic, typed, or other copies of such map or description certified by the City of Odum 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. (c) The original charter and other legal documents including maps and ordinances shall be kept in a safety deposit box and copies of the same shall be kept at city hall. SECTION 1.12. 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. The powers of the city shall include, but are not limited to, the power: (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 any ordinance 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,

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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 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;

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(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; (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

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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; (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 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 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; (30) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees,

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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, 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 to curb or street, 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 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 fess to those connected with the system; (34) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and 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;

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(37) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators 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; 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 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 five councilmembers. The city council established

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lished 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 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 uponthe 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 the council if less than 12 months remain 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.

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(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 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 authorized 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.

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SECTION 2.19. Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as 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 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 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 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 chairs and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum: voting. The mayor or mayor pro tempore and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion.

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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 Odum 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 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 three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances.

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(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 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 Odum, 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

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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 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;

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(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. 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 four members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the city council as though disapproved and shall not become law unless 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

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mayor upon the mayor's physical or mental disability or absence. The city council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is disabled, absent, or acting as mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. ARTICLE III Administrative affairs SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administrator 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

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authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member 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 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 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 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

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and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. SECTION 3.14. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay 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 Odum. 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

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office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish 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

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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 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 same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Wayne County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.15. Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V Elections and removal SECTION 5.10. Applicability of general law. All elections shall be held and conducted in accordance with Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, 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.

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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. 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, 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 Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as the Georgia Municipal Election Code, 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 regulations as it deems appropriate to fulfill any options and duties under Chapter 3 of Title 21 of the Official Code of Georgia Annotated, known as 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:

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(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 the decision of the city council to the Superior Court of Wayne 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 Wayne County following a hearing on a complaint seeking such removal brought by any resident of the City of Odum. 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.

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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 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

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way, street, sidewalk, curbing, gutters, sewers, or other utility mains and uppurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Construction; other taxes and fees. This city shall be empowered to levy any othe 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.

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SECTION 6.22. Lease-purchase contracts. The city may enter into renewable lease, purchase, or lease-purchase contracts for the acquisitions of goods, materials, real and personal property, services, and supplies, provided 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 yeat 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

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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 ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of June of each year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing 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 expenditures 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, special meeting, 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

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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 captial budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the last day of June of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30. Independent audit. There shall be an annual independent audit of all 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.

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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 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.

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SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and 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 Odum in the County of Wayne, approved March 4, 1953 (Ga. L. 1953, Jan-Feb. Sess., p. 3044), as amended, is repealed in its entirety.

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SECTION 7.12. Effective date. This charter shall become effective on July 1, 1997. SECTION 7.18. General repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to reincorporate and provide a new charter for the City of Odum; and for other purposes. This 26th day of February, 1997. s-Representative Hinson Mosley 171st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hinson Mosley, who on oath deposes and says that he is the Representative from the 171st District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Press-Sentinel, which is the official organ of Wayne County, on the following date: March 2, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ HINSON MOSLEY Representative, 171st District Sworn to and subscribed before me, this 10th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CITY OF SHELLMAN CORPORATE LIMITS. No. 379 (House Bill No. 983). AN ACT To amend an Act incorporating the City of Shellman in the County of Randolph, approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended, so as to change the corporate limits of the city; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act incorporating the City of Shellman in the County of Randolph, approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended, is amended by adding, following Section 2, a new Section 2.1 to read as follows: SECTION 2.1. The corporate limits of the City of Shellman shall also include the following described territory: All that certain tract or parcel of land lying and being in Land Lots 1 and 2, 10th Land District and Land Lots 267 and 304, 5th Land District, Randolph County, Georgia. Said tract or parcel of land consisting of 4.235 acres and being more particularly described as

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follows: Commencing at the intersection of the south right of way of U.S. Highway No. 82 and the west right of way of Georgia Highway No. 41, said commencing point also being the point of beginning; thence north 01 deg. 20 min. 30 sec. east 100.07 feet to the north right of way of said U.S. Highway No. 82; thence along the north right of way of said U.S. Highway No. 82 along a curve to the left (having a central angle of 25 deg. 58 min. 42 sec., a radius of 1382.39 feet and an arc length of 626.78 feet) a chord bearing of north 76 deg. 05 min. 12 sec. east and a chord distance of 621.43 feet; thence south 00 deg. 00 min. 00 sec. east 477.03 feet to the existing city limits line of Shellman; thence along the existing city limits line of Shellman along a curve to the left (having a central angle of 06 deg. 29 min. 32 sec., a radius of 5280.00 feet and an arc length of 598.27 feet) a chord bearing of 78 deg. 02 min. 34 sec. west and a chord distance of 597.95 feet to the west right of way of the aforementioned Georgia Highway No. 41; thence along the west right of way of said Georgia Highway No. 41 north 01 deg. 20 min. 30 sec. east 78.47 feet; thence continue along the west right of way of said Georgia Highway No. 41 north 41 deg. 35 min. 47 sec. west 33.74 feet to the point of beginning. 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 1997 session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Shellman in Randolph County, approved September 5, 1883 (Ga. L. 1882-83, p. 318), as amended; and for other purposes. All that certain trace or parcel of land lying and being in Land Lots 1 and 2, 10th Land District and Land Lots 267 and 304, 5th Land District, Randolph County, Georgia, said tract or parcel of land consisting of 4.235 acres and being more particularly described as follows: Commencing at the intersection of the south right of way of U.S. Highway No. 82 and the west right of way of Georgia Highway 41, said commencing point also being the point of beginning; thence north 01 deg. 20 min. 30 sec. east 100.07 feet to the north right of way of said U.S. Highway No. 82; thence along the north right of way of said U.S. Highway No. 82 along a curve to the left (having a central angle of 25 deg. 58 min. 42 sec., a radius of 1382.39 feet and an arc length of 626.78 feet) a chord bearing of north 76 deg., 05 min, 12 sec. east and a chord distance of 621.43 feet; thence south 00 deg., 00 min., 00 sec. east 477.03 feet to the existing city limits line of Shellman; thence along the existing city limits line of Shellman along a curve to the

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left (having a central angle of 06 deg., 29 min., 32 sec., a radius of 5280.00 feet and an arc length of 598.27 feet) a chord bearing of 78 deg., 02 min., 34 sec., west and a chord distance of 597.5 feet to the west right of way of the aforementioned Georgia Highway No. 41; thence along the west right of way of said Georgia Highway No. 41 north 01 deg., 20 min., 30 sec., east 78.47 feet; thence continue along the west right of way of said Georgia Highway No. 41 north 41 deg., 35 min., 47 sec., west 33.74 feet to the point of beginning. The above described tract or parcel of land being more particularly shown and delicated on that certain plat of survey prepared for the City of Shellman, by B. H. Langford, Jr., Ga. Registered Land Surveyor No. 2209, under date of March 4, 1997 and bearing drawing so. C-932. This 5th day of March, 1997. Paul P. Langford, Mayor 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 the Representative from the 158th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Cuthbert Southern Tribune, which is the official organ of Randolph County, on the following date: March 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published,

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as required by Code Section 28-1-14.1. s/ GERALD E. GREENE Representative, 158th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CITY OF MOUNT ZION CORPORATE LIMITS. No. 380 (House Bill No. 998). AN ACT To amend an Act providing a new charter for the City of Mount Zion in Carroll County, approved March 24, 1978 (Ga. L. 1978, p. 4171), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3944), and an Act approved April 4, 1991 (Ga. L. 1991, p. 3786), so as to expand the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing a new charter for the City of Mount Zion in Carroll County, approved March 24, 1978 (Ga. L. 1978, p. 4171), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3944), and an Act approved April 4, 1991 (Ga. L. 1991, p. 3786), is amended by striking in their entirety Section 1.12, Section 1.12.1, and Section 1.12.2 and inserting in lieu thereof the following: SECTION 1.12. Corporate boundaries. The boundaries of the City of Mount Zion shall include the following: All that tract or parcel of land situate, lying and being in the City of Mount Zion, Carroll County, Georgia, and being more particularly described as follows: BEGINNING at the Southwest corner of Land Lot No. 181, 10th District, Carroll County, Georgia; thence North along the West Land Lot line of Land Lot No. 181 to the North Land Lot line of said Land

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Lot; thence East along the North Land Lot line of Land Lot No. 181 to the point where it intersects with the West right-of-way of the Burwell-Mt. Zion Road; thence North along the West right-of-way of Burwell-Mt. Zion Road to its' intersection with the South right-of-way of Old Jacksonville Road; thence along the South right-of-way of Old Jacksonville Road to the West Land Lot line of Land Lot No. 203 of the 10th District of Carroll County, Georgia; thence South along the West Land Lot line of Land Lot No. 203 and and 182 a distance of 1649.27 feet to a point; thence due East 429 feet to a point; thence South 1977.70 feet to a point on the South Land Lot line of Land Lot No. 182 of the 10th District of Carroll County, Georgia; thence East along the South line of Land Lot No. 182 a distance of 1045.33 feet to a point; thence North 3336.26 feet to the South right-of-way of Ga. State Route No. 16; thence due North 1600 feet to the South property line of Novie Joyce Brown; thence due East 8000 feet, more or less, to the property of West Georgia Regional Airport situated in Land Lot No. 201 of the 10th District of Carroll County, Georgia; thence North along the West line of the West Georgia Regional Airport property 1600 feet, more or less, to a point; thence due West along the North property line of Catherine Bill Bagwell 300 feet, more or less, to the East property line of C. C. Perkins; thence running Northwest along the East property line of C. C. Perkins to its' intersection with the South right-of-way of Maxwell Street; thence East along the South right-of-way of Maxwell Street to the East right-of-way of West Georgia Regional Airport property; thence Northwest along the East right-of-way of West Georgia Regional Airport Road to its' intersection with Hog Liver Road; thence North along the East right-of-way of West Georgia Regional Airport Road to the property of Linda and Clyde McWhorter; thence East along the south property line of Linda Clyde McWhorter to the West Land Lot line of Land Lot No. 249 of the 10th District of Carroll County, Georgia; thence North along the West Land Lot line of said Land Lot No. 249 of the 10th District of Carroll County, to the South Land Lot line of Land Lot No. 340 of the 7th District of Carroll County, Georgia; thence North along the East Land Lot line of Land Lot No. 340 a distance of 1600 feet to the property of Edward Bearden; thence West along the South property line of Edward Bearden to its' intersection with Bowdon Junction Road; thence due West to the East Land Lot line of Land Lot No. 339 of the 7th District of Carroll County, Georgia; thence North along the East Land Lot line of Land Lot 339 of the 7th District of Carroll County, Georgia; thence North 350 feet to the Northeast corner of said Land Lot. No. 339 of the 7th District of Carroll County, Georgia, to the South property line of W. J. Wallace property; thence due West 350 feet, more or less, to the East property line of W.J. Wallace; thence due South 350 feet, more or less, to the South Land Lot line of Land Lot No. 326 of the 7th District of Carroll County, Georgia; thence West along the South Land Lot line of said Land Lot No. 326 of the 7th

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District of Carroll County, Georgia, 1600 feet, more or less, to the East property line of W. W. Robinson; thence due North along the East property line of W. W. Robinson 3000 feet, more or less to the property line of Kenneth J. Nixon; thence due North to the North property line of Kenneth J. Nixon; thence due West along the North property line of Kenneth J. Nixon to the East side of Lee Williams Road; thence Northwest and West along the North side of Lee Williams Road to its' intersection with the East right-of-way of the Bremen-Mt. Zion Road; thence North along the East right-of-way of the Bremen-Mt. Zion Road 400 feet, more or less, to the South property line of Abraham Morrison; thence due West along the South property line of Abraham Morrison 3000 feet, more or less, to a point; thence due South 400 feet, more or less, to the North Land Lot line of Land Lot No. 327 of the 7th District of Carroll County, Georgia; thence West along the North Land Lot lines of Land Lot Nos. 327 and 328 of the 7th District of Carroll County, Georgia to the Northwest corner of Land Lot No. 328 of the 7th District of Carroll County, Georgia; thence West along the North Land Lot line of Land Lot No. 329 of the 7th District of Carroll County, Georgia 2500 feet, more or less, to the property of Floyd Walton Estate; thence due South along the East property line of the Estate of Floyd Walton 1200 feet, more or less, to the property line of Horace Williams; thence due West 1000 feet, more or less, to the property of the Estate of Floyd Walton; thence South along C. C. Ozier property 4000 feet, more or less, to the property of the Estate of Mrs. Alice Fendley; thence West and South along the property line of the Estate of Mrs. Alice Fendley to its' intersection with Mincy Drive; thence southeast along Mincy Drive to its' end; thence East to the West property line of Henry Akin; thence South along the West property line of Henry Akin to the North right-of-way of Harper Lane; thence West along the North right-of-way of Harper Lane to the East property line of Lawrence Thompson; thence South along the East property line of the property of Lawrence Thompson to the property of Charlene Wallace; thence due South 7500 feet, more or less, to the North property line of Dorcie Smith; thence East 3000 feet, more or less, to the West Land Lot line of Land Lot No. 205 of the 10th District of Carroll County, Georgia; thence due South along the West Land Lot line of Land Lot Nos. 205 and 180 of the 10th District of Carroll County, Georgia, to its' intersection with the North right-of-way of Davenport Mill Road; thence along the North and West right-of-way of Davenport Mill Road to its' intersection with Delia Peace Road; thence Southeasterly along the West right-of-way of Delia Peace Road to its' intersection with the South Land Lot line of Land Lot No. 179 of the 10th District of Carroll County, Georgia; thence due East along the South right-of-way of Delia Peace Road to the East Land Lot line of Land Lot No. 180 of the 10th District of Carroll County, Georgia and the West Land Lot line of Land Lot No. 181 of the 10th District of Carroll County, Georgia, AND THE POINT OF BEGINNING.

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The above description being that property shown on the official map of the CITY OF MOUNT ZION, GEORGIA. All said property contained within the above-described boundaries is within the CITY OF MOUNT ZION, GEORGIA. SECTION 2. All laws and parts of laws in conflict with this Act are repealed. NOTICE TO APPLY FOR LOCAL LEGISLATION EXPANDING, ENLARGING AND INCREASING THE CITY LIMITS OF MOUNT ZION, GEORGIA, AND DEFINING THE MUNICIPAL LIMITS OF THE CITY OF MOUNT ZION, GEORGIA. Notice is hereby given of intention to apply to the 1997 General Assembly of Georgia for the passage of local legislation, expanding, increasing and enlarging the City Limits of the City of Mount Zion, Georgia and to define the City Limits of the City of Mount Zion, Georgia. s/Clyde McWhorter Clyde McWhorter, Mayor City of Mount Zion, Georgia 30150 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 the Representative from the 100th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: February 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1 s/ TRACY STALLINGS Representative, 100th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. RICHMOND COUNTYSTATE COURT; SECOND DIVISION; CREATION; JUDES. No. 381 (House Bill No. 1016). AN ACT To amend an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to create a second division of the State Court of Richmond County; to provide for the judges of the second division and for their qualifications, selection, duties, responsibilities, and compensation; to provide for assignment of matters to the second division; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by designating the existing text of the Act as Part I of the Act and by adding thereafter a new Part II to read as follows:

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PART II SECTION 2-1. There is created a second division of the State Court of Richmond County. The second division of the state court shall be governed by the provisions of general law contained in Chapter 7 of Title 15 of the O.C.G.A., relating to state courts, and by the additional provisions of this part. SECTION 2-2. (a) (1) In addition to all other judges of the state court, there shall be one judge of the second division who shall be known as an associate judge of the State Court of Richmond County. The qualifications and election of the associate judge shall be as provided by general law. (2) Except as otherwise provided in this section, said associate judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County under the provision of this Act and the general law applicable to said present judge. (b) The initial associate judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring on December 31, 1998, and upon the election and qualification of a successor. SECTION 2-3. (a) The associate judge shall receive the same compensation as the present judge of the State Court of Richmond County payable in equal monthly installments from the funds of Augusta-Richmond County, Georgia. The associate judge is designated as a full-time judge and may not engage in the private practice of law. (b) Any salary supplement heretofore enacted by Augusta-Richmond County, Georgia, shall also be applicable to the associate judge. SECTION 2-4. The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County. SECTION 2-5. (a) The chief judge of the State Court of Richmond County may order that any or all of the following matters shall be automatically assigned to the second division of the court: (1) All cases involving violations of the traffic laws of the State of Georgia;

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(2) The hearing of applications for and the issuance of arrest and search warrants; (3) The holding of courts of inquiry; and (4) Any other matters within the jurisdiction of the court. (b) The provisions of this section shall not limit the power of the associate judge to hear and decide any matter within the jurisdiction of the court; but the associate judge shall hear and decide only such matters as are assigned to the second division by order of the chief judge. (c) This section shall not limit the power of the associate judge to punish contempts in the same manner as any other judge of state court. (d) The chief judge shall receive additional compensation for performing the handling of the administration and operation of the State Court of Richmond County. SECTION 2-6. Such chief judge shall be responsible further for the administration and the expeditious disposition of the business of the state court, both civil and criminal, and shall have power to make such rules as the chief judge shall deem necessary or proper for such purpose but which are not in conflict with the general laws of this state. Such rules, when approved by the chief judge and filed in the office of the clerk of the State Court of Richmond County, shall be binding upon the other judge or judges of said court. 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. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the other judge or judges of said court such business of said court as the chief judge shall deem appropriate; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said court. SECTION 2-7. The associate judge shall take an oath to faithfully administer and discharge the duties of his or her office in accordance with the Constitution and laws of the State of Georgia, which oath may be administered by any officer authorized under the laws of this state to administer oaths. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

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SECTION 3. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1997 Session of the General Assembly of Georgia an Act to amend An Act to Establish a City Court (State Court) in the County of Richmond (Ga. Laws 1880-81, p. 574), as amended, and to amend An Act entitled An Act to provide that the governing authority of Richmond County shall be a board of commissioners consisting of a chairperson-mayor and ten members, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, to provide for ratifying of the Municipal Court with the State Court of Richmond County; to create a second division for the State Court of Richmond County; to provide an effective date; to repeal conflicting laws; and for other purposes. This 25th day of February, 1997. BEN ALLEN Representative, 117th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Allen, who on oath deposes and says that he is the Representative from the 117th District, and further deposes and says as follows: (1) That the attached 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: February 28, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BEN ALLEN Representative, 117th District Sworn to and subscribed before me, this 11th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. TOWN OF BRINSONCHARTER REVISION. No. 382 (House Bill No. 1018). AN ACT To amend an Act incorporating the Town of Brinson in Decatur County, Georgia, approved August 22, 1907 (Ga. L. 1907, p. 484), as amended by an Act approved August 11, 1909 (Ga. L. 1909, p. 568), an Act approved December 17, 1953, Nov.-Dec. Sess., p. 2550), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2629), to provide for additional and supplemental powers of the town; to provide for continuation of the governing authority of such town and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, a town treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act incorporating the Town of Brinson in Decatur County, Georgia, approved August 22, 1907 (Ga. L. 1907, p. 484), as amended by an Act approved August 11, 1909 (Ga. L. 1909, p. 568), an Act approved December 17, 1953, Nov.-Dec. Sess., p. 2550), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2629), is amended by adding the following articles and sections: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Incorporation. The incorporation of the Town of Brinson in Decatur County, Georgia, by the foregoing Acts of this General Assembly is hereby ratified and confirmed under the name of the `Town of Brinson.' References in this charter to `the town' or `this town' refer to the Town of Brinson. The town will continue to have perpetual existence. SECTION 1.11. Corporate boundaries. The boundaries of this town will be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time by local law or in the manner provided by general state law. The boundaries of this town at all times will be shown on a map, a written description, or any combination thereof, to be retained permanently in the office of the town clerk of the town and to be designated, as the case may be: `Official Map or Description of the Corporate Limits of the Town of Brinson, Georgia.' Photographic, typed, or other copies of such maps or description certified by the mayor will be admitted as evidence in all courts and will have the same force and effect as the original map or description. SECTION 1.12. Municipal powers. (a) This town will have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter.

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This town will have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town will be construed liberally in favor of the town. The specific mention or failure to mention particular powers will not be construed as limiting in any way the powers of this town. Said powers will 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 and underground water resources which flow within the corporate limits of the town; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted under this paragraph; (3) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of this town; (4) Building regulations. To regulate and to license the erection and construction of buildings and all other structures not inconsistent with general law; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes; and to regulate all housing and building trades except as otherwise prohibited by general law; to provide for building inspection services either by an employee of the town or by one of the persons designated by the governing authority of the town and to conduct said services as may be reasonable and proper according to the governing authority of the town; (5) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions in accordance with Chapter 13 of Title 48 of the O.C.G.A.; (6) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governments and entities and with private persons, firms, and corporations;

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(8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the town and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the town; (9) Fire regulations. To fix and establish fire limits and from time to time extend, enlarge, or restrict the same; to prescribe fire safety regulations, not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; to provide for regulation of abandoned buildings, nuisance buildings, and lost that are overgrown with vegetation, including procedures for requiring owners of said properties to abate any such nuisance and for enforcement of said regulations by fine, assessment, or other penalties upon proper notice to said land owners; (10) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business within the town and benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, including the power to bill for such services together with charges for utilities, including electric power and distribution of water in one or more consolidated bills or in any other fashion deemed reasonable and proper by the governing authority of the town; (11) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town and to provide for the enforcement of such standards; (12) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the town and the general welfare of its citizens on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation within the town and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and squares in the town; to provide for the commitment of such persons to any jail; or to provide for the commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials;

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

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

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prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; and to negotiate and execute leases over, through, under, or across any town property or the right of way of any street, road, alley, and walkway or portion thereof within the corporate limits of the town for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the town; and to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (33) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage systeml 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; to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and provide for the sale of such items and to make such charges for said solid waste services as may be reasonable and proper as determined by the governing authority of the town; and to adopt a consolidated billing and collection procedure for said solid waste services and other utility, sanitation, and water services if such consolidated billing is deemed to be reasonable and proper by the governing authority of the town; (35) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, 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, nude dancing establishments, all other forms of adult entertainment, and massage parlors;

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(36) Alcoholic beverages. To regulate or prohibit the manufacture, sale, or transportation of intoxicating liquors and all forms of alcoholic beverages in accordance with general law; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs of any public improvement; (38) Ad valorem taxes. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by law; (40) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated in this charter; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of this state; and no listing of particular powers in this charter will be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but will be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of this state. SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, its officers, agencies, or employees will be carried into execution as provided by this charter. If this charter makes no provision, such will be carried into execution as provided by ordinance or as provided by pertinent laws of this state.

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ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND REMOVAL SECTION 2.10. Town council creation; composition; number; election. (a) The legislative authority of the government of this town, except as otherwise specifically provided in this charter, will be vested in a town council to be composed of a mayor and four councilmembers. (b) The mayor and councilmembers will serve for terms of four years and until their respective successors are elected and qualified. No person will be eligible to serve as mayor or councilmember unless that person is a citizen of the United States and will have been a resident of this town for 12 months immediately preceding the election and will be at least 21 years of age at the time of the election of mayor or councilmembers; each such person will continue to reside within the town during said period of service and will be registered and qualified to vote in municipal elections of this town. No person's name will be listed as a candidate on the ballot for election for either mayor or councilmember unless such person files a written notice with the clerk of said town that such person desires his or her name to be placed on said ballot as a candidate either for mayor or councilmember. No person will be eligible for the office of mayor or councilmember unless such person files such 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 this state to vote for members of the General Assembly and who are bona fide residents of said town will be eligible to qualify as voters in the election. (b) All primaries and elections will be held and conducted in accordance with Chapter 3 of Title 21 of the O.C.G.A., the `Georgia Municipal Election Code.' Except as otherwise provided by this charter, the town council will, 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 will serve until the expiration of the term of office to which they were elected and until their successors are elected and qualified. (d) For the purpose of electing members of the council, the town of Brinson will consist of one election district with four numbered posts.

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Each person seeking election will designate the post for which he or she seeks election. (e) On the Tuesday following the first Monday in November 1999, and on that day quadrennially thereafter, there will be elected a mayor and two councilmembers to represent Post 1 and Post 3. On the Tuesday following the first Monday in November 2001, and on that day quadrennially thereafter, there will be elected two councilmembers to represent Post 2 and Post 4. All terms of office for the mayor and councilmembers will be four years as provided in Section 2.10 except that Post 2 and Post 4 councilmembers elected in 1999 will serve for two-year terms to commence January 1, 2000, and to end on December 31, 2001. It is the purpose of this subsection to provide a rotation system for the office of mayor and councilmembers. The terms of the offices will begin at the time to 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 will 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 this state. (2) Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of this state, the town council or those remaining will appoint a successor for the duration of the suspension. If the suspension becomes permanent, then the office will become vacant and will be filled as provided in subsection (b) of this section. (b) In the event that the office of mayor or councilmember shall become vacant, the town council or those remaining will order a special election to fill the balance of the unexpired term of such official; provided, however, that if such vacancy occurs within six months of the expiration of the term of that office, the town council or those members remaining will appoint a successor for the remainder of the term. In all other respects, the special election will 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 will not conduct primaries for town offices and all names of candidates for town offices shall be listed without party labels.

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SECTION 2.14. Election by plurality. The candidate receiving a plurality of the votes cast for any town office will be elected. SECTION 2.15. Compensation and expenses. The mayor and councilmembers will receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. SECTION 2.16. Prohibitions. (a) No elected official, appointed officer, or employee of the town or any agency or political entity to which this charter applies will 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 judgement or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body which he or she serves 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 which he or she serves; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest.

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(b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the town will disclose such private interest to the town council. The mayor or any councilmember who has a private interest in any matter pending before the town council will disclose such private interest and such disclosure will be entered on the records of the town council, and he or she will disqualify himself or herself from participating in any decision or vote relating to such matter. 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 entities will disclose such private interest to the governing body of such agencies or entity. (c) No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies will use property owned by such governmental entities for personal benefit, convenience, or profit, except in accordance with policies promulgated by the town council or the governing body of such agencies or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale will render said contract or sale voidable at the option of the town council. (e) Except as authorized by law, no member of the council will hold any other elective town office or other town employment during the term for which elected. The provisions of this subsection will 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 will 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 of office; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law.

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(b) Removal of any officer pursuant to subsection (a) of this section will be accomplished by one of the following methods: (1) In the case of an appointed officer, by the vote of three councilmembers after a hearing with ten days notice to the officer sought to be removed and with the assent of the mayor. (2) As to any elected official, by an order of the Superior Court of Decatur County following a hearing on a complaint seeking such removal brought by any resident of the Town of Brinson on proper legal grounds as provided by law. ARTICLE III ORGANIZATION OF GOVERNMENT, GENERAL AUTHORITY, AND ORDINANCES SECTION 3.10. General power and authority. Except as otherwise provided by this charter, the town council will be vested with all the powers of government of this town as provided by Article I of this charter. SECTION 3.11. Organization. (a) The town council shall hold an organizational meeting at the first regular meeting in January following an election. The meeting will be called to order by the town clerk and the oath of the office will be administered to the newly elected members as follows: `I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (a councilmember) of this town and that I will support and defend the charter of this town as well as the Constitution and laws of the State of Georgia and of the United States of America.' (b) By a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore will preside at all meetings of the town council and will assume the duties and powers of the mayor during any disability or absence of the mayor. Any such disability or absence will be declared by a majority vote of the town council. The town council will 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 will be declared by majority vote of the town council. SECTION 3.12. Inquiries and investigations. The town council may make inquiries and investigations into the affairs of the town and the conduct of any department, office, or agency of the

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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 council will be punished as provided by ordinance. SECTION 3.13. Meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or two members of the town council. Notice of such special meetings will be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Notice of any such special meeting will be given to the media in compliance with such general state laws as may from time to time exist. Such notice to councilmembers will 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. Attendance at the meeting will also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town council will be open to the public to the extent required by law, and notice to the public and the media of special meetings will be given as required by law. SECTION 3.14. Procedures. (a) The town council will adopt its rules of procedure and order of business consistent with the provisions of this charter and will provide for keeping a journal of its proceedings which will be a public record. (b) All committees and committee chairpersons and officers of the town council will be appointed by the mayor and will serve at the pleasure of the mayor. The mayor will 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 will constitute a quorum and will be authorized to transact the business of the town council. Voting on the adoption of ordinances will be by voice vote and the vote will be recorded in the journal of proceedings, but any member of the town council will have

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the right to request a roll-call vote and such votes will be recorded in the journal of proceedings. Except as otherwise provided in this charter, the affirmative vote of three councilmembers will 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 will constitute a quorum and will be authorized to transact the business of the town council. A vote of a majority of the remaining councilmembers will be required for the adoption of any ordinance, resolution, or motion. SECTION 3.16. Ordinances. (a) Every proposed ordinance will be introduced in writing and in the form required for final adoption. No ordinance will contain a subject which is not expressed in its title. The enacting clause will be, `The Council of the Town of Brinson hereby ordains...', and every ordinance will so begin. (b) An ordinance may be introduced by any councilmember and may be read at a regular or special meeting of the town council. Ordinances will be considered and adopted or rejected by the town council in accordance with the rules which it will establish; provided, however, an ordinance will 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 will, as soon as possible, distribute a copy to the mayor and to each councilmember and will file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate. SECTION 3.17. Effect of ordinances. Acts of the town council which have the force and effect of law will be enacted by ordinance. SECTION 3.18. Emergencies. To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or three councilmembers and may promptly adopt an emergency ordinance, but such ordinances will 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 will be introduced in the form

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prescribed for ordinances generally, except that it will be plainly designated as an emergency ordinance and will 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 will be required for adoption. It will become effective upon adoption or at such later time as it may specify. Every emergency ordinance will automatically stand repealed 30 days following the date upon which it was adopted, but this will not prevent reenactment of the ordinance in the manner specified in this section if the emergency continues to exist. An emergency ordinance will also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 3.19. Codes. (a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinances will 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 will 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, will be authenticated and recorded by the clerk pursuant to Section 3.20 of this charter. (b) Copies of any adopted code of technical regulations will be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 3.20. Codification of ordinances. (a) The clerk will 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. This compilation will be known and cited officially as `The Code of the Town of Brinson, Georgia.' Copies of the code or any ordinance will be furnished to all officers, departments, and agencies of the town upon request and will be made available for inspection by the public, and copies of the code or any ordinance may be purchased by the public at a reasonable price as fixed by the town council. (b) The town council will cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments will be made available for

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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 will be printed in substantially the same style as the code then in effect and will be suitable in form for incorporation within the code. The town council may make such further arrangements as deemed desirable for reproduction, modification, 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 offiver; delegation of powers. The mayor will be the chief executive of this town. The mayor shall possess all of the executive and administrative powers granted to the town under the Constitution and laws of this state, and all the executive and administrative powers contained in this charter, except as otherwise specifically provided in this Act. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the town and qualified in management and administration. SECTION 3.22. Powers and duties of mayor. As the chief executive of this town, the mayor shall: (1) See that all laws and ordinances of the town are faithfully executed; (2) Appoint and remove, for cause, with confirmation of appointment or removal by affirmative vote of at least three councilmembers, all officers, department heads, and employees of the town except as otherwise provided in this charter; (3) Exercise supervision over all executive and administrative work of the town and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommended capital budget; (5) Submit to the council at least once a year a statement covering the financial conditions of the town and from time to time such other information as the town council may request; (6) Call special meetings of the town council as provided for in Section 3.13; (7) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote;

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(8) Recommend to the town council such measures relative to the affairs of the town, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient; (9) Approve or disapprove ordinances as provided in Section 3.23; (10) Require any department or agency of the town to submit written reports whenever the mayor deems it expedient; (11) Sign as a matter of course all written contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; and (12) Perform such other duties as may be required by general state law, this charter, or ordinance. SECTION 3.23. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the town council shall be presented by the town clerk to the mayor within three days after its adoption. (b) The mayor shall within ten days of receipt of an ordinance return it to the town clerk with or without the mayor's approval, or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the town clerk; if the ordinance is neither approved nor disapproved, it shall become law on the fifteenth day after its adoption; if the ordinance is disapproved, the mayor shall submit to the town council through the town clerk a written statement of the reasons for the veto. The town clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the town clerk to the town council at its next meeting and should the town council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part of parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the town council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section.

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ARTICLE IV ADMINISTRATIVE AFFAIRS SECTION 4.10. Department heads. (a) Except as otherwise provided in this charter, the town council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of the director's department or agency. (e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the town council. The mayor may suspend or remove directors under the mayor's supervision, but such suspension or removal shall not be effective for ten calendar days following the mayor's giving written notice of such action and the reason 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 three councilmembers. SECTION 4.11. Boards. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers of such boards, commissions, and authorities. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other

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appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commissio, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed for the original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until he or she has executed and filed with the clerk of the town an oath obligating himself or herself to perform faithfully and impartially the duties of the office, with such oaths to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the town council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the town, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the town. SECTION 4.12. Town attorney. The town council shall appoint a town attorney who shall be a member of the State Bar of Georgia and shall have actively practiced law for at least one year. The town attorney shall serve at the pleasure of the town council. The town attorney shall be responsible for representing and defending the town in all litigation in which the town is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs, and shall perform such other duties as may be required by virtue of the position of town attorney. The town council shall provide for the compensation of the town attorney.

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SECTION 4.13. Town clerk. The mayor shall appoint, with confirmation by at least three members of the town council, a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal, shall maintain town council records required by this charter, and shall perform such other duties as may be required by the town council. The town council shall provide for the compensation of the town clerk. SECTION 4.14. Treasurer. The mayor shall appoint, with confirmation by at least three members of the town council, a town treasurer to collect all taxes, licenses, fees, charges for utility and other municipal services, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. The town council shall provide for the compensation of the treasurer. Upon approval by at least the mayor and three members of the council, the same person may be appointed to serve as both town clerk and town treasurer. SECTION 4.15. Rules and regulations. The town council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of a position classification and pay plan, methods of promotion and applications of service ratings to promotion, 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 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 V JUDICIAL BRANCH SECTION 5.10. Municipal court. There shall be a court to be known as the Municipal Court of the Town of Brinson. SECTION 5.11. Judges. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance. 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 mayor with the approval of at least three members of the town council. (c) Compensation of the judge or judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three members of the town council. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the town council journal required in Section 3.14 of this charter. SECTION 5.12. Convening of court. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 5.13. Powers. (a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $200.00 or ten days in jail.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 90 days, or both such fine and imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violation of state law. (e) The municipal court shall have authority to establish bail and 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 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 is necessary. (g) The municipal court shall have the authority to bind prisoners over to the appropriate ocurt when it appears by probable cause that state law has been violated. (h) Each judge of the municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (i) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town. (j) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 5.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and

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such certiorari shall be obtained under the sanction of a judge of the Superior Court of Decatur County under the laws of this state regulating the granting and issuance of writs of certiorari. SECTION 5.15. Rules. With the approval of the town council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the town council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the town clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE VI FINANCE SECTION 6.10. Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion. SECTION 6.11. Millage. The town council by ordinance shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation taxes and business license fees. The town council by ordinance shall have the power to levy such occupation taxes and regulatory fees in accordance with Chapter 13 of Title 48 of the O.C.G.A.

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SECTION 6.13. Reserved. SECTION 6.14. Franchises. The town council shall have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, cable television companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SECTION 6.15. Sewer fees. The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available inside or outside the corporate limits of the town for the total cost to the town of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16. Roads. The town council by ordinance shall have the power to assess, charge, and collect the costs of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Other taxes. This town shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or

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authority in this article shall not be construed as limiting in any way the general powers of this town to govern its local affairs. SECTION 6.18. Collection of delinquent taxes. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due, late penalties or interest, issuance and execution of fi. fas., creation and priority of liens, making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed, revoking town licenses for failure to pay any town taxes or fees, and providing for the assignment or transfer of tax executions. SECTION 6.19. Borrowing. The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Loans. The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Accounting and budgeting. The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government.

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SECTION 6.23. Budget ordinance. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program, and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. The town council shall comply with the provisions of Chapter 81 of Title 36 of the O.C.G.A. SECTION 6.24. Operating budget. On or before a date fixed by the town council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the mayor may deem pertinent. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. SECTION 6.25. Adoption. (a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) After the conducting of a budget hearing, the town council shall adopt the final operating budget for the ensuing fiscal year not later than 30 days prior to the end of each fiscal year. If the town council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23 of this charter.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrances created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.26. Levies of taxes. Following adoption of the operating budget, the town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levies shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this town. SECTION 6.27. Changes in budget. The town council by majority vote may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purposes. SECTION 6.28. Capital improvements. (a) On or before the date fixed by the town council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements budget with any recommendations as to the means of financing the improvements proposed for the ensuing year. The town council shall have the power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency as provided in Section 3.17 of this charter. (b) After the conducting of a public hearing, the town council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than 30 days prior to the end of each fiscal year. No appropriations provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriations were made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by any recommendations.

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Any such amendments to the capital improvements budget shall become effective only upon adoption by majority vote of the town council. SECTION 6.29. Audits. There shall be an annual financial report of all town accounts, funds, and financial transactions by a certified public accountant selected by the town council. An audit shall be conducted by a certified public accountant every second year or more frequently as required by paragraph (2) of subsection (a) of Code Section 36-81-7 of the O.C.G.A. or other applicable state law. The audit shall be conducted according to generally accepted accounting principles. Any audit of any funds by the state or federal government may be accepted as satisfying the requirements of this charter. Copies of all audit reports shall be available at printing costs to the public. SECTION 6.30. Procurement and property management. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 3.14 of this charter. SECTION 6.31. Purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town. SECTION 6.32. Sale of property. (a) The town council may sell and convey any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon request by the mayor and adoption of a resolution, both finding that the property is not needed for public

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

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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. The following sections of the Charter of 1907 of the Town of Brinson, approved August 22, 1907 (Ga. L. 1907, p. 484), as amended by an Act approved August 11, 1909 (Ga. L. 1909, p. 568), an Act approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2550), and an Act approved March 24, 1965 (Ga. L. 1965, p. 2629), are hereby repealed as amended: IV, V, VI, VII, VIII, IX, X, XI, XII, XIII, XVI, XVII, XIX, XXI, XXII, XXIII, XXV, XXVI, XXVII, XXIX. The remainder of said charter shall remain in full force and effect. 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 1997 session of the General Assembly of Georgia a bill to provide for an Amended Charter for the Town of Brinson; to provide for all matters pertinent thereto and all other such matters as may customarily be included in municipal charters; to provide for related matters; and for other purposes. A copy of the proposed amended charter may be obtained from the Town Clerk upon pay ment of the costs of copying same. This 19th day of February, 1997. Representative Dan E. Ponder, Jr. District 160 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dan E. Ponder, Jr. who on oath deposes and says that he is the Representative from the 160th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Post-Searchlight, which is the official organ of Decatur County, on the following date: February 22, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality.

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or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DAN E. PONDER, JR. Representative, 160th District Sworn to and subscribed before me, this 13th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. RICHMOND COUNTY STATE COURT; ADDITIONAL JUDGE; CHIEF JUDGE. No. 383 (House Bill No. 1020). AN ACT To amended an Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, so as to provide for an additional judge of the state court and for that judge's appointment, election, terms, powers, duties, jurisdictions, privileges, immunities, qualifications, and compensation; to provide for a chief judge and the powers and duties thereof; to provide for the dividing and allocating of the work and duties of the judges of said court; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the City Court of Richmond County, now the State Court of Richmond County, approved September 22, 1881 (Ga. L. 1880-81, p. 574), as amended, is amended by adding after Section IIA thereof a new section to read as follows: SECTION IIB. Additional judge. (a) There shall be an additional judge of the State Court of Richmond County. Such additional judge shall be appointed by the Governor for an initial term beginning on July 1, 1997, and expiring December 31, 1998, and upon the election and qualification of a successor. The successor shall be elected at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following his or her election for a term of four years and until his or her successor is elected and qualified. (b) Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judge of the State Court of Richmond County and, except as otherwise provided in this section, the provisions of this Act and of the general law applicable to said present judge, including but not limited to the provisions setting forth the qualifications for holding office as judge, shall apply equally to such additional judge. The judges of said court may preside over any cause and perform any official act as judge thereof. (c) (1) Said additional judge shall receive the same compensation as the present judge of the State Court of Richmond County; provided, however, the chief judge shall receive additional compensation for performing the handling of the administration and operation of the State Court of Richmond County. (2) Any salary supplement heretofore enacted by Augusta-Richmond County shall also be applicable to the additional judge. (d) The judge of the State Court of Richmond County who has served the longest period of time in office as judge of said court shall be the chief judge of the State Court of Richmond County. The other judge shall be an associate judge of the State Court of Richmond County. (e) Such chief judge shall be responsible for the administration and the expeditious disposition of the business of the state court, both civil and criminal, 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, when approved by said chief judge and filed in the office of the clerk of the State Court of Richmond

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County, shall be binding upon the other judge or judges of said court. 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. Such chief judge may by published rule, or from time to time by order, allocate the jurisdiction and powers of the state court of said county and the duties of the judges thereof; may assign to the judge or judges of said court such business of said court as the chief judge shall deem appropriate; may make and publish calendars, both civil and criminal; may require reports from the clerk of the court and from any judge of said court relative to business of the court; and generally shall supervise and direct the disposition of all business, both civil and criminal, of said court. SECTION 2. This Act shall become effective on June 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 1997 Session of the General Assembly of Georgia an act to amend an Act to establish a City Court (State Court) in the County of Richmond (Ga. Laws 1980-81, p. 574) as amended, to provide for an additional judge; to provide qualifications and salary for such judge; to provide an effective date; to repeal conflicting laws; and for other purposes. This 23rd day of January, 1997. JAMES B. WALL County Attorney Richmond County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Allen, who on oath deposes and says that he is the Representative from the 117th District, and further deposes and says as follows: (1) That the attached 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 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

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or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BEN ALLEN Representative, 117th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. DODGE COUNTY BOARD OF COMMISSIONERS; CREATION; REFERENDUM. No. 384 (House Bill No. 1034). AN ACT To amend an Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the composition of the governing authority of Dodge County; to create the Board of Commissioners of Dodge County; to provide for continuation of certain obligations and liabilities; to provide for a chairperson and four additional members; to provide for elections and terms of office; to provide for qualifications; to provide for commissioner districts; to provide for the appointment of a clerk; to provide for a county manager and the selection, compensation, powers, and removal thereof; 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 filling a vacancy in the office of the commissioner of Dodge County; to provide for a referendum and the submission of a question related thereto to the electors of Dodge County; to amend an Act providing for the compensation of certain county officers and officials of Dodge County, approved April 12, 1982 (Ga. L. 1982, p. 4031), so as to delete certain provisions relating to the commissioner of Dodge County; to provide for 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: PART I SECTION 1-1. This Part I of this Act shall become effective if this Act is approved by the voters of Dodge County at a referendum held on the date of the 1998 state-wide general primary election, as provided in Part III of this Act. SECTION 1-2. An Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following new Sections 1 through 18: SECTION 1. There is created the Board of Commissioners of Dodge 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 Dodge County and shall continue to have the obligations and liabilities of the commissioner of Dodge County as existed immediately prior to the date on which the first members of the board of commissioners take office under this Act. The board of commissioners shall constitute the governing authority of Dodge 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 Dodge County, including the chairperson and all members.

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SECTION 2. (a) The Board of Commissioners of Dodge County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section and shall be elected by the electors of their respective commission districts as provided in Section 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act. (b) For the purpose of electing members of the board of commissioners, Dodge County shall be divided into four commissioner districts. One member of the board shall be elected from each such district. Those districts shall consist of the described territory of Dodge County contained in the description attached to this Act and made a part hereof and further identified as: `Operator: local Client: dodge Plan: dodgecc3.' (c) For purposes of the commissioner districts described as provided by subsection (b) of this section: (1) 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; (2) Any part of Dodge County which is not included in any commissioner district described as provided by 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 (3) Any part of Dodge County which is described as provided by 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 reside in that district, must have resided in Dodge County for at least 12 months prior to election to such office, and must receive the requisite number of the votes cast for that office by the electors of that district. At the time of

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qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall thereupon become vacant. (c) The chairperson of the board must be 25 years of age or older, must have resided in Dodge County for at least 12 months prior to election to such office, may reside anywhere within Dodge County, and must receive the requisite number of the votes cast for such office by the electors of the entire county. The chairperson must continue to reside within Dodge County during that person's term of office or that office shall thereupon become vacant. SECTION 4. (a) The first members of the Board of Commissioners of Dodge County, not including the chairperson, shall be elected at a special election to be called and conducted by the election superintendent of Dodge County on the date of and in conjunction with the November, 1998, state-wide general election. Such special election shall be conducted as provided by general law with the additional qualification that each candidate shall upon qualifying declare his or her political party affiliation or his or her status as independent of party affiliation, and such party affiliation or independent status shall be listed beside the candidate's name on the ballot. Those members of the board elected thereto from Commissioner Districts 1, 2, 3, and 4 shall take office on the first day of the calendar month immediately following the election and qualification of all such members and shall serve for initial terms of office which expire December 31, 2000, and upon the election and qualification of their respective successors. The first chairperson of the board shall be the person serving as sole commissioner of Dodge County on January 1, 1997, or any person who on the day before the date on which the members of the board elected from commission districts take office is filling a vacancy in the office of the sole commissioner, and such chairperson shall take office on the first day of the calendar month immediately following the election and qualification of all board members elected from commission districts and shall serve for an initial term of office which expires December 31, 2000, and upon the election and qualification of his or her successor. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified.

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

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court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury. SECTION 7. (a) Commissioners, other than the chairperson, shall be paid a salary of $250.00 per month. Each such commissioner shall also receive a regular fixed allowance of $100.00 per month for expenses incurred inside the county and reimbursement for reasonable expenses incurred outside the county in the performance of his or her duties. Such compensation shall be paid in equal monthly installments from the funds of Dodge County. (b)(1) Until January 1, 2001, the chairperson shall continue to receive the same compensation as fixed by prior law for the sole commissioner of Dodge County. (2) On and after January 1, 2001, the chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $750.00 per month. The chairperson shall also receive a regular fixed allowance of $250.00 per month for expenses incurred inside the county and reimbursement for reasonable expenses incurred outside the county in the performance of his or her duties. Such compensation shall be paid in equal monthly installments from the funds of Dodge County. (c) In addition to the salary and allowances provided in subsection (a) and paragraph (2) of subsection (b) of this section, the chairperson and each other member of the board shall receive $50.00 for each regular monthly meeting of the board he or she attends and $25.00 for each called meeting of the board he or she attends. SECTION 8. At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year.

Page 4423

SECTION 9. The board of commissioners shall hold one regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the 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 of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order. SECTION 10. (a) The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following: (1) Calling meetings of the board as provided in Section 9 of this Act; (2) Presiding at meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions to the board of commissioners for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the board; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance. (b) Until January 1, 2001, the chairperson shall also have the same powers and duties as those which on and after such date are conferred upon the county manager as provided by this Act. SECTION 11. The board of commissioners shall have the power and authority to fix and establish, by appropriate resolution entered on its minutes, policies,

Page 4424

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; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Dodge 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;

Page 4425

(16) Except as otherwise provided in this Act, to exercise all of the power and authority formerly vested by law in the commissioner of Dodge County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; and (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation. 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 Dodge 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 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. (a) The office of county manager is created effective January 1, 2001, and on and after that date the county manager shall have the powers and duties conferred on such office as provided by this Act. The county manager shall be appointed by the board of commissioners and shall serve at the pleasure of the board of commissioners. Any person appointed as county manager shall possess such qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. Except as provided in this section, no member of the board shall be appointed county manager or acting county manager during the term of office for which such

Page 4426

member was elected or for a period of one year thereafter. In the event of the death, removal, dismissal, or termination of the county manager and pending the selection of a replacement for said county manager, the chairperson may, if approved in accordance with subsection (d) of this section, assume the powers and carry out the duties of the county manager. (b) The county manager shall have the following powers and duties: (1) The county manager shall be a nonvoting participant in all board meetings; (2) Except as to those powers specifically reserved and granted to the chairperson and the board of commissioners by this Act, the county manager shall have the exclusive power to supervise, direct, and control the day-to-day activities and business operations of the county government. The county manager shall have the exclusive power to supervise, direct, and control the administration of the county government. The county manager shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective. Members of the board shall deal solely through the county manager in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county personnel subject to the administrative and supervisory control of the county manager; (3) The county manager shall have the power to propose changes in, consolidation of, or creation or abolishment of any departments, agencies, or offices over which he or she exercises supervision and control; (4) Subject to budgetary limitations and except as otherwise provided in this Act, the county manager shall have exclusive authority to appoint, remove, and fix the compensation of all employees and nonelected officials of the county not otherwise set or established by state or local law. Any supplements provided to elected officials shall be approved by the board of commissioners. The appointment, removal, and compensation of persons filling offices and positions created by state statutes, when not otherwise prescribed by such statutes, shall be made and fixed by the county manager within budgetary limitations; (5) The county manager may recommend, at any time, to the board for its formal consideration such measures or proposals as are deemed necessary or desirable to improve the administration of the affairs of the county;

Page 4427

(6) The county manager shall seek to promote a coordinated plan for future growth and development of the county; and (7) The county manager shall submit to the board of commissioners a revenue estimate for the following fiscal year, a proposed capital budget, and a proposed operating budget governing the expenditure of all funds expected to be available to the county. No expenditure of county funds shall be made except in accordance with the county budget or amendments thereto adopted by the board. (c) The county manager may be removed by official action of the board of commissioners. Upon the request of the county manager, the board of commissioners shall set forth, in writing, their reasons for the dismissal. The county manager, may, within ten days, reply in writing to the board's written statement listing the reasons for said manager's removal and also request a hearing before the board either in executive session or open meeting. (d) The board of commissioners may designate a qualified individual to act as temporary county manager in the extended absence (more than 30 days) of the county manager or if the county manager is removed as referenced in this section. SECTION 16. (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audits, as well as the following provisions of this section. (b) The county manager shall submit to the board each year a revenue estimate for the following fiscal year and a proposed budget governing the expenditures of all funds expected to be available to the county for the following fiscal year and shall include proposed expenditures for capital outlay and public works projects. The county manager shall submit to the board at the time the proposed budget is submitted a report containing information relating to the financial affairs of the county which is relevant to establishing the annual budget. (c) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Dodge County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall

Page 4428

be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year prior to the beginning of the new fiscal year to which it applies. (d) The final budget adopted by the board shall constitute the board's appropriations of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the board's taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Dodge County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase. (e) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Superior Court of Dodge County then in session. SECTION 17. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with this provision by all departments of county government and to this end shall institute a system of allotments of all moneys appropriated and budgeted. SECTION 18. The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Dodge 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 Dodge County a copy of each annual report furnished by said accountant to the board of commissioners.

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SECTION 1-3. An Act providing for the compensation of certain county officers and officials of Dodge County, approved April 12, 1982 (Ga. L. 1982, p. 4031), is amended by striking in their entirety paragraphs (1) of subsection (a) and (1) of subsection (c) of Section 1 and inserting in each of their respective places the following: (1) Reserved; PART II SECTION 2-1. This Part II of this Act shall become effective if this Act is approved by the voters of Dodge County at a referendum held prior to the date of the 1998 state-wide general primary election, as provided in Part III of this Act. SECTION 2-2. An Act creating the office of commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following new Sections 1 through 18: SECTION 1. There is created the Board of Commissioners of Dodge 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 Dodge County and shall continue to have the obligations and liabilities of the commissioner of Dodge County as existed immediately prior to the date on which the first members of the board of commissioners take office under this Act. The board of commissioners shall constitute the governing authority of Dodge 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 Dodge County, including the chairperson and all members. SECTION 2. (a) The Board of Commissioners of Dodge County shall consist of a chairperson and four district commissioners. The four district commissioners shall be residents of their respective commissioner districts described in subsection (b) of this section and shall be elected by the electors of their respective commission districts as provided in Section 3 of this Act. The chairperson shall be elected at large as provided in Section 3 of this Act. (b) For the purpose of electing members of the board of commissioners, Dodge County shall be divided into four commissioner districts. One

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member of the board shall be elected from each such district. Those districts shall consist of the described territory of Dodge County contained in the description attached to this Act and made a part hereof and further identified as: `Operator: local Client: dodge Plan: dodgecc3.' (c) For purposes of the commissioner districts described as provided by subsection (b) of this section: (1) 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; (2) Any part of Dodge County which is not included in any commissioner district described as provided by 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 (3) Any part of Dodge County which is described as provided by 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 reside in that district, must have resided in Dodge County for at least 12 months prior to election to such office, and must receive the requisite number of the votes cast for that office by the electors of 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 chairperson of the board must be 25 years of age or older, must have resided in Dodge County for at least 12 months prior to election to such office, may reside anywhere within Dodge County, and must receive the requisite number of the votes cast for such office by the electors of

Page 4431

the entire county. The chairperson must continue to reside within Dodge County during that person's term of office or that office shall thereupon become vacant. SECTION 4. (a) The first chairperson and members of the Board of Commissioners of Dodge County shall be elected at a special election to be called and conducted by the election superintendent of Dodge County at the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. following the effectiveness of this section. Such special election shall be conducted as provided by general law with the additional qualification that each candidate shall upon qualifying declare his or her political party affiliation or his or her status as independent of party affiliation, and such party affiliation or independent status shall be listed beside the candidate's name on the ballot. The chairperson and those members of the board elected thereto from Commissioner Districts 1, 2, 3, and 4 shall take office on the first day of the calendar month immediately following the election and qualification of all members including the chairperson and shall serve for initial terms of office which expire December 31, 2000, and upon the election and qualification of their respective successors. Those and all future successors to the chairperson and members of the board whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of four years. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) The chairperson and all members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' SECTION 5. (a) In the event of a vacancy occurring in the membership of the board on or after the date the first members of the board take office, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, that vacancy shall be filled as provided in this section. (b) In the event a vacancy occurs on the board of commissioners when at least 180 days remain in the unexpired term of office, the election superintendent of Dodge County, within 15 days after the vacancy occurs, shall issue the call for a special election to fill the vacancy for the remainder of 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

Page 4432

elected in a special election to fill such a vacancy shall take office immediately upon certification of the results of such special election and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following the special election provided for in this subsection. (c) In the event a vacancy occurs on the board of commissioners when less than 180 days remain in the unexpired term of office, the remaining members of the board of commissioners shall appoint a qualified person to fill the vacancy for the remainder of the unexpired term. Any person appointed by the board to fill a vacancy as provided in this subsection shall possess the residency and other qualifications required for the office and shall take office immediately upon appointment and qualification. If such vacancy is in the office of chairperson of the board of commissioners, the vice chairperson of the board shall exercise the powers and duties of the chairperson for the period beginning on the date the vacancy occurs and ending on the date the successor chairperson takes office for the remainder of the unexpired term following his or her appointment as provided for in this subsection. (d) A vice chairperson serving as chairperson shall not be authorized to vote as a member of the board of commissioners during such service unless the vice chairperson's vote would affect the outcome of any vote or issue before the board. SECTION 6. Before entering upon the discharge of their duties, the chairperson and commissioners shall subscribe an oath before the judge of the probate court of said county for the true and faithful performance of their duties and that they are not the holders of any public funds unaccounted for. In addition, the chairperson and each commissioner shall further give a satisfactory surety bond to the judge of the probate court of the county and payable to the judge of the probate court or that judge's successor in office and filed in the office of the judge of the probate court, in the sum of $10,000.00, conditioned upon the faithful performance of the duties of the office. The costs of said bonds shall be paid out of the county treasury. SECTION 7. (a) Commissioners, other than the chairperson, shall be paid a salary of $250.00 per month. Each such commissioner shall also receive a regular fixed allowance of $100.00 per month for expenses incurred inside the county and reimbursement for reasonable expenses incurred outside the county in the performance of his or her duties. Such compensation

Page 4433

shall be paid in equal monthly installments from the funds of Dodge County. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $750.00 per month. The chairperson shall also receive a regular fixed allowance of $250.00 per month for expenses incurred inside the county and reimbursement for reasonable expenses incurred outside the county in the performance of his or her duties. Such compensation shall be paid in equal monthly installments from the funds of Dodge County. (c) In addition to the salary and allowances provided in subsections (a) and (b) of this section, the chairperson and each other member of the board shall receive $50.00 for each regular monthly meeting of the board he or she attends and $25.00 for each called meeting of the board he or she attends. SECTION 8. At the first regular meeting of each year, the board of commissioners shall elect from its members a vice chairperson. In the event of death, disqualification, or resignation of the chairperson, the vice chairperson shall perform the duties and exercise the authority of the chairperson until a new chairperson is chosen as provided in this Act. The vice chairperson shall preside at meetings of the board of commissioners in the absence of the chairperson and shall serve for the calendar year in which elected. In the event of a vacancy in the office of vice chairperson, the board of commissioners shall elect a new vice chairperson to serve for the remainder of the calendar year. SECTION 9. The board of commissioners shall hold one regular meeting each month at the county seat, which meeting shall be open to the public. The time, date, and place of the 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 of such special meeting which is open to the public. Any three commissioners or the chairperson and any two commissioners shall constitute a quorum. No official action shall be taken except upon the affirmative vote of at least three members of the board of commissioners and except upon compliance with Chapter 14 of Title 50 of the O.C.G.A., relating to open meetings. The chairperson shall be entitled to vote on a question only if the chairperson's vote would affect the

Page 4434

outcome of any vote or issue before the board. All regular and called meetings shall be conducted according to Robert's Rules of Order. SECTION 10. The chairperson shall preside over the meetings of the board of commissioners. The duties of the chairperson shall include, but shall not be limited to, the following: (1) Calling meetings of the board as provided in Section 9 of this Act; (2) Presiding at meetings of the board; (3) Representing the county government at ceremonial functions; (4) Being empowered to submit motions to the board of commissioners for action; (5) Appointing members and chairpersons to all committees of the board with the approval of the board; and (6) Performing such other duties as shall be delegated to the chairperson by the board of commissioners or as provided by law or ordinance. SECTION 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

Page 4435

the chairperson shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To establish, abolish, or change election precincts and militia districts according to law; (9) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (10) To exercise all powers, duty, and authority formerly imposed upon or vested in the commissioner of Dodge 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) Except as otherwise provided in this Act, to exercise all of the power and authority formerly vested by law in the commissioner of Dodge County together with the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; and (17) To appoint retained legal counsel and an independent county auditor and provide for their compensation. 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 Dodge 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.

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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 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. (a) The office of county manager is created. The county manager shall be appointed by the board of commissioners and shall serve at the pleasure of the board of commissioners. Any person appointed as county manager shall possess such qualifications as determined by the board of commissioners and shall receive such compensation, expenses, and benefits as fixed by the board. Except as provided in this section, no member of the board shall be appointed county manager or acting county manager during the term of office for which such member was elected or for a period of one year thereafter. In the event of the death, removal, dismissal, or termination of the county manager and pending the selection of a replacement for said county manager, the chairperson may, if approved in accordance with subsection (d) of this section, assume the powers and carry out the duties of the county manager. (b) The county manager shall have the following powers and duties: (1) The county manager shall be a nonvoting participant in all board meetings; (2) Except as to those powers specifically reserved and granted to the chairperson and the board of commissioners by this Act, the county manager shall have the exclusive power to supervise, direct, and control the day-to-day activities and business operations of the county government. The county manager shall have the exclusive power to supervise, direct, and control the administration of the county government. The county manager shall carry out, execute, and enforce the ordinances, policies, rules, and regulations of the board when such ordinances, policies, rules, and regulations become effective. Members of the board shall deal solely through the county manager in all matters concerning the operation, supervision, and administration of the various departments, offices, and agencies of the county government. No member of the board shall directly or indirectly order, instruct, or otherwise attempt to control the actions of county

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personnel subject to the administrative and supervisory control of the county manager; (3) The county manager shall have the power to propose changes in, consolidation of, or creation or abolishment of any departments, agencies, or offices over which he or she exercises supervision and control; (4) Subject to budgetary limitations and except as otherwise provided in this Act, the county manager shall have exclusive authority to appoint, remove, and fix the compensation of all employees and nonelected officials of the county not otherwise set or established by state or local law. Any supplements provided to elected officials shall be approved by the board of commissioners. The appointment, removal, and compensation of persons filling offices and positions created by state statutes, when not otherwise prescribed by such statutes, shall be made and fixed by the county manager within budgetary limitations; (5) The county manager may recommend, at any time, to the board for its formal consideration such measures or proposals as are deemed necessary or desirable to improve the administration of the affairs of the county; (6) The county manager shall seek to promote a coordinated plan for future growth and development of the county; and (7) The county manager shall submit to the board of commissioners a revenue estimate for the following fiscal year, a proposed capital budget, and a proposed operating budget governing the expenditure of all funds expected to be available to the county. No expenditure of county funds shall be made except in accordance with the county budget or amendments thereto adopted by the board. (c) The county manager may be removed by official action of the board of commissioners. Upon the request of the county manager, the board of commissioners shall set forth, in writing, their reasons for the dismissal. The county manager, may, within ten days, reply in writing to the board's written statement listing the reasons for said manager's removal and also request a hearing before the board either in executive session or open meeting. (d) The board of commissioners may designate a qualified individual to act as temporary county manager in the extended absence (more than 30 days) of the county manager or if the county manager is removed as referenced in this section. SECTION 16. (a) The county will comply with Chapter 81 of Title 36 of the O.C.G.A., relating to local government budgets and audites, as well as the following provisions of this section.

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(b) The county manager shall submit to the board each year a revenue estimate for the following fiscal year and a proposed budget governing the expenditures of all funds expected to be available to the county for the following fiscal year and shall include proposed expenditures for capital outlay and public works projects. The county manager shall submit to the board at the time the proposed budget is submitted a report containing information relating to the financial affairs of the county which is relevant to establishing the annual budget. (c) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Dodge County a copy of the proposed budget along with the public notices required by subsection (e) of Code Section 36-81-5 of the O.C.G.A. It shall be the duty of the board to hold a meeting at the time and place specified in the notice for the purpose of conducting such public hearing. The board shall review the proposed budget at such public hearing and may adopt the same as submitted by the county manager or make such amendments thereto as the board may deem necessary to maintain the county in sound financial condition. The board may continue the hearing on the proposed budget from time to time, but the time of and the place where the hearing is continued shall be publicly announced at the previous hearing. The board shall adopt the proposed budget as submitted or as amended by the board as the budget for the county for the following fiscal year prior to the beginning of the new fiscal year to which it applies. (d) The final budget adopted by the board shall constitute the board's appropriations of all funds for the fiscal year covered by the budget. The budget may be amended during the fiscal year which it covers upon the board's taking formal action for such purpose at a regular meeting of the board. Prior to taking such action, the board shall cause to be published in the official organ of Dodge County a notice setting forth the proposed changes in the budget and a summary of the reasons therefor. Said notice shall also state the time and place of the regular meeting of the board at which action to amend the budget is to be taken. Said notice shall be published at least ten days prior to the date of the meeting. No increase in appropriations shall be made without provision also being made to finance such increase. (e) A copy of the final budget adopted by the board and any amendment to or revision of the budget shall be transmitted by the county manager to the grand jury of the Superior Court of Dodge County then in session. SECTION 17. No expenditures of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by the board of commissioners. The county manager shall enforce compliance with

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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 18. The board of commissioners shall on or before the final day of the month following the end of each fiscal year employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the preceding year, pointing out any irregularities found to exist, and reporting the results of such audit to the board of commissioners. Each annual report submitted to the board of commissioners shall be made available for public inspection as are other records in such office. The board of commissioners shall cause to be published in the official organ of Dodge 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 Dodge County a copy of each annual report furnished by said accountant to the board of commissioners. SECTION 2-3. An Act providing for the compensation of certain county officers and officials of Dodge County, approved April 12, 1982 (Ga. L. 1982, p. 4031), is amended by striking in their entirety paragraphs (1) of subsection (a) and (1) of subsection (c) of Section 1 and inserting in each of their respective places the following: (1) Reserved; PART III SECTION 3-1. Notwithstanding any provision of prior law, in the event of a vacancy in the office of commissioner of Dodge County occurring after the effective date of this section, the vacancy shall be filled as follows: (1) If the vacancy occurs more than 90 days prior to the date of the 1998 state-wide general primary, the vacancy shall be filled as provided in this paragraph. The chief judge of the Superior Court of Dodge County shall appoint an interim successor to fill the vacancy until election of a permanent successor for the remainder of the unexpired term. If the referendum question provided for in Section 3-3 of this Act is approved by the voters, then the chairperson elected as provided in Section 4 enacted by Part II of this Act shall succeed the interim successor. If the referendum question provided for in Section 3-3 of this Act is not approved by the voters, then a special election shall be

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held as soon as practicable after such referendum disapproval for the election of a permanent successor to the office of sole commissioner for the remainder of the unexpired term of office; (2) If the vacancy occurs prior to the date of the 1998 state-wide general primary but 90 days or less prior to the date of such primary, the chief judge of the Superior Court of Dodge County shall appoint an interim successor to fill the vacancy until the election of a permanent successor for the remainder of the unexpired term. If the referendum question provided for in Section 3-3 of this Act is approved by the voters, then the vacancy shall be filled as provided in Section 5 enacted by Part I of this Act. If the referendum question provided for in Section 3-3 of this Act is not approved by the voters, then a special election shall be held as soon as practicable after such referendum disapproval for the election of a permanent successor to the office of sole commissioner for the remainder of the unexpired term of office; or (3) If the vacancy occurs after the date of the 1998 state-wide general primary and the referendum question provided for in Section 3-3 of this Act is approved by the voters, then the vacancy shall be filled as provided in Section 5 enacted by Part I of this Act. If the vacancy occurs after the date of the 1998 state-wide general primary and the referendum question provided for in Section 3-3 of this Act is not approved by the voters, then the vacancy shall be filled as provided by the law in effect prior to the enactment of this Act. SECTION 3-2. It shall be the duty of the governing authority of Dodge County to require the county attorney to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. SECTION 3-3. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Dodge County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Dodge County for approval or rejection. The election superintendent shall conduct that election on the date of the state-wide 1998 general primary election, except that if there is a vacancy in the office of Dodge County commissioner more than 90 days prior to the date of the 1998 state-wide general primary election, the election superintendent shall conduct that election on the earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A., and in either case 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

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Dodge County. The ballot shall have written or printed thereon the words: () YES () NO Shall the governing authority of Dodge County be changed from a single commissioner form of government to a board of commissioners to be composed of a chairperson and four additional commissioners? All persons desiring to vote for approval of changing the governing authority of Dodge County from a single commissioner form of government to a board of commissioners shall vote Yes on the question and those persons desiring to vote against changing the governing authority of Dodge County from a single commissioner form of government to a board of commissioners shall vote No on the question. If more than one-half of the votes cast on the question are for approval of changing the governing authority of Dodge County from a single commissioner form of government to a board of commissioners, then either Part I or Part II of this Act shall become effective as provided in this section. If more than one-half of the votes cast on the question are against changing the governing authority of Dodge County from a single commissioner form of government to a board of commissioners or if the election is not conducted as provided in this section, then Parts I and II of this Act shall not become effective and this Act shall be automatically repealed on January 1, 2000. If more than one-half of the votes cast on the question are for approval of changing the governing authority of Dodge County from a single commissioner form of government to a board of commissioners and such referendum was held on the date of the 1998 state-wide general primary election, as provided in this section, then Part II of this Act shall not become effective and shall be automatically repealed on January 1, 1999, Part I of this Act shall become effective immediately for the purposes of conducting the elections and continuing in office for a limited time the sole commissioner of Dodge County as provided by Section 4 as enacted by Part I of this Act, and Part I of this Act shall become effective for all purposes on the first day of the calendar month following the election and qualification of all board members from commission districts as provided by Section 4 as enacted by Part I of this Act. If more than one-half of the votes cast on the question are for approval of changing the governing authority of Dodge County from a single commissioner form of government to a board of commissioners and such referendum was held at any time prior to the date of the 1998 state-wide general primary election, then Part I of this Act shall not become effective and shall be automatically repealed on January 1, 1999, Part II of this Act shall become effective immediately for the purposes of conducting the elections as provided by Section 4 as enacted by Part II of this Act, and Part II of this Act shall become effective for all purposes on the first day of the calendar month following the election and qualification of all board members as provided by Section 4 as enacted by Part II of this Act.

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The expense of such election shall be borne by Dodge County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3-4. The provisions of Sections 3-1, 3-2, 3-3, 3-5, and this section shall become effective upon approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions shall become effective as provided in this part. SECTION 3-5. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: dodge Plan: dodgecc3 District No. 1 DODGE Tract: 9602. Block: 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, 199J, 199K, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214B, 215, 216A, 216B, 216C, 217, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 299, 301A, 301B, 302, 303A, 303B, 304, 305, 306A, 306B, 307A, 307B, 307C, 308, 309A, 309B, 310A, 310B, 311, 312, 313, 314, 315, 316, 317, 318, 319, 326, 327, 328, 329, 330, 331, 332, 341A, 341B, 342, 343, 399, 399, 399 Tract: 9603. Block: 165, 167, 168, 169, 170, 171, 172, 173, 176, 177, 178, 179, 199N, 199P, 199R, 201A, 201B, 202, 203A, 203B, 204A, 204B, 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, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 299, 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, 399, 401A, 402A, 402B, 402C, 403, 524, 525, 526, 527, 528 Tract: 9604. Block: 220B, 234A, 235, 236A, 237, 238, 239, 240, 241A, 242A, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 330, 331, 332, 333, 334, 343, 344, 345, 346, 347, 352, 353, 354

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District No. 2 DODGE Tract: 9601. Tract: 9602. 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, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 171, 182, 183, 184, 185, 186, 187, 188, 192, 193, 194, 195, 196, 197, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H Tract: 9603. 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, 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, 166, 174, 175, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 199J, 199K, 199L, 199M 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, 130, 131, 132, 133, 134, 139, 199J, 199K, 199L District No. 3 DODGE Tract: 9603. Block: 431, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 483, 484, 485, 486, 487, 488, 489, 490, 491, 492, 499A, 499L Tract: 9604. Block: 119, 120, 121, 122, 123, 128, 129, 135, 136, 137, 138, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 199A, 199B, 199C, 199D, 199E, 199F, 199G, 199H, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220A, 220C, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234B, 236B, 241B, 242B, 243, 244, 245, 246, 299, 299, 302 Tract: 9605. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 132, 133, 134B, 135, 136, 137, 138, 139, 140, 141, 142, 143,

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144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160B, 167B, 168, 182B, 183, 185B, 187, 188, 189, 190, 194, 195, 196, 197, 199C, 199D, 199E, 199F Block Group: 2 Tract: 9606. Block Group: 1 Block: 201, 202, 203, 204, 205, 216, 217, 218, 219, 220, 221, 222, 223A, 223B, 224, 225, 226, 227, 228, 229, 230, 231A, 231B, 232A, 232B, 233, 234, 235, 236, 237, 238, 239A, 239B, 240A, 240B, 241, 242A, 242B, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256A, 256B, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268A, 268B, 269A, 269B, 270A, 270B, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 299A, 299C, 299D, 299E, 299F, 299G, 299H, 299J, 299K, 299L, 299M, 299N District No. 4 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, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 432, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472, 473, 474, 475, 476, 477, 478, 479, 480, 481, 482, 499B, 499C, 499D, 499E, 499F, 499G, 499H, 499J, 499K, 501, 502, 503, 504, 505, 506, 507, 508, 509, 510, 511A, 511B, 511C, 512, 513, 514, 515A, 515B, 515C, 516, 517, 518, 519, 520A, 520B, 520C, 520D, 520E, 521, 522, 523, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 599, 599, 599, 599 Tract: 9604. Block: 301, 303, 304, 305, 306, 307, 308A, 308B, 308C, 308D, 308E, 308F, 309, 310, 329, 335, 336, 337, 338, 339, 340, 341A, 341B, 341C, 342A, 342B, 348, 349, 350, 351, 355, 356A, 356B, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 399 Tract: 9605. Block: 124, 125, 126, 127, 128, 129, 130, 131, 134A, 160A, 161, 162, 163A, 163B, 164, 165, 166, 167A, 169, 170A, 170B, 171,

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NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to amend and Act creating the office of Commissioner of Dodge County, approved August 19, 1912 (Ga. L. 1912, p. 367), as amended, so as to change the composition of the governing authority of Dodge County; to provide for a multimember board of commissioners; to provide for all related matters, such as the selection, service, and compensation of the members of the board and the administration of the affairs of the county; to provide for a referendum; and for other purposes. This 24th day of February, 1997. REPRESENTATIVE TERRY L. COLEMAN 142nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry Coleman, who on oath deposes and says that he is the Representative from the 142nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times Journal Spotlight, which is the official organ of Dodge County, on the following date: February 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area

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proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TERRY COLEMAN Representative, 142nd District Sworn to and subscribed before me, this 17th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. CHATHAM COUNTY STATE COURT CLERK; CORONER; COMPENSATION. No. 385 (House Bill No. 1036). AN ACT To amend an Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, so as to change the compensation of the clerk of the state court and the coroner; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the compensation of certain officials in Chatham County, approved March 26, 1986 (Ga. L. 1986, p. 4797), as amended, is amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: SECTION 1. (a) Except as provided in subsection (b) of this section, each officer and official of Chatham County listed in this subsection shall receive a salary fixed by the governing authority of such county, provided that said salary for each officer shall not be less than the salary set forth as follows: Tax commissioner $ 53,000.00 per annum Sheriff 54,000.00 per annum Clerk of superior court 56,000.00 per annum

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Clerk of the state court 45,000.00 per annum, provided that if the clerk of the state court also serves as court administrator, such officer shall receive an annual base salary to be fixed by the governing authority of the county at not less than $60,000.00, payable in equal monthly installments from the funds of the county. Judge of the recorder's court 59,500.00 per annum Judge of the probate court 62,000.00 per annum Judge of the juvenile court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Judge of the state court An annual salary equal to the sum of 90 percent of the annual salary of a judge of superior court as paid by the state plus 90 percent of the annual amount of any supplement paid by the governing authority of Chatham County to a judge of the superior court Chief magistrate of the magistrate court 63,000.00 per annum Magistrate of the magistrate court 47,900.00 per annum Coroner 12,000.00 per annum

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(b) The governing authority of Chatham County shall grant each officer and official listed in subsection (a) of this section the same percentage increases in salary that it grants as cost-of-living increases to employees of Chatham County. Such increases shall be granted at the same time cost-of-living increases are granted to county employees. SECTION 2. This Act shall become effective on January 1, 1998. 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 during the 1997 Session of the Georgia General Assembly a bill changing the terms of the State Court of Chatham County and affecting the Office of the Clerk of State Court: This 19th day of February, 1997. Carlton W. Blair, Jr. Clerk of Court State Court of Chatham County 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 the Representative from the 152nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: February 19, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto.

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The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANNE MUELLER Representative, 152nd District Sworn to and subscribed before me, this 12th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. JENKINS COUNTY DEVELOPMENT AUTHORITY MEMBERSHIP; TERMS; VACANCIES. No. 386 (House Bill No. 1052). AN ACT To provide for the membership of the Jenkins County Development Authority; to provide for terms, vacancies, and procedures; to provide for the authority for this Act; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act is enacted pursuant to the authority of the General Assembly to prescribe duties, powers, and authority of the Jenkins County Development Authority and to pass all other legislation for the implementation of the local constitutional amendment creating the Authority, Resolution Act No. 226, House Resolution No. 533-1024, Ga. L. 1962, p. 1109; which amendment was continued in force and effect as part of the Constitution pursuant to an Act approved March 6, 1987 (Ga. L. 1987, p. 3798). SECTION 2. The Jenkins County Development Authority shall consist of ten members as follows:

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(1) The chairman of the board of commissioners of Jenkins County, ex officio; (2) The mayor of the City of Millen, ex officio; (3) R. G. Dwelle; (4) R. Hubert Reeves, Jr.; (5) Ellis Lovett; (6) C. Howdy McTeer; (7) John Roy Clifton; (8) Lamar Gay; (9) L. B. Frye, Jr.; and (10) A member to appointed by the board of commissioners of Jenkins County. All members of the Authority, except the ex officio members, shall serve for a term of three years from the effective date of this Act or until their successors are appointed and shall be eligible for reappointment. Except for ex officio members, the board of commissioners of Jenkins County shall appoint all successor members of the Authority and shall fill any vacancies in the Authority. In selecting members of the Authority, the board of commissioners shall consider any recommendations for appointment made by the Jenkins County Chamber of Commerce and other groups involved in furthering the purposes for which the Authority is created. 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 1997 session of the General Assembly of Georgia a bill to further prescribe the duties, powers, and authority of the Jenkins County Development Authority, including the appointment of members of the Authority; to provide for related matters; and for other purposes. This 12th day of March, 1997. /s/ R. G. Dwelle Chairman, Jenkins County Development Authority
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Martin, who on oath deposes and says that he is the Representative from the 145th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Millen News, which is the official organ of Jenkins County, on the following date: March 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice reqirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JAMES L. MARTIN Representative, 145th District Sworn to and subscribed before me, this 18th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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CITY OF SAVANNAH CORPORATE LIMITS. No. 387 House Bill No. 1053). AN ACT To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah; to change and expand the corporate limits of the City of Savannah; to provide for contingent effectiveness; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. That from and after passage of this Act, the city limits of the City of Savannah, known as the Mayor and Aldermen of the City of Savannah, in addition to all the territory, land, and improvements now included in the corporate limits of the City of Savannah, shall be extended to include all of the territory, land, and improvements located within the following described boundaries, to-wit: ALL of Hutchinson Island East of the right-of-way of the Eugene Talmadge Memorial Bridge lying and being between the Savannah River and what is commonly known as Back River to the low water mark of said Island. SECTION 2. This Act shall become effective as to any part of the area in private ownership described in Section 1 upon the filing by the owner thereof of a Certificate with the Clerk of Superior Court of Chatham County, Georgia, voluntarily removing said property from the industrial area pursuant to subparagraph (e) of Article XI, Section I, Paragraph IV of 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 hereby given that there will be introduced in the 1997 Regular Session of the General Assembly of Georgia, a Bill to amend the Charter of the Mayor and Aldermen of the City of Savannah so as to change the corporate limits said City and for other purposes. This 13th day of March, 1997. James B. Blackburn City Attorney
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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 the Representative from the 152nd District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Savannah Morning News, which is the official organ of Chatham County, on the following date: March 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ANNE MUELLER Representative, 152nd District Sworn to and subscribed before me, this 20th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997.

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BACON COUNTY BOARD OF COMMISSIONERS; CHAIRMAN'S VOTE. No. 388 (House Bill No. 1060). AN ACT To amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as to give to the chairman of the Board of Commissioners a vote on all matters; 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 re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, is amended by striking subsection (b) of Section 7 and inserting in lieu thereof a new subsection (b) to read as follows: (b) It shall be the duty of the chairman to act as presiding officer at all meetings of the board of commissioners, and he shall be recognized as the ceremonial head of the county government but shall have no other administrative duties except as provided in this Act or as may be delegated to him by the board of commissioners. In the event of the temporary absence, disqualification, or disability of the chairman, the vice chairman shall assume the duties of the chairman and shall receive a per diem allowance, not less than the per diem allowance received by members of the General Assembly, for every day that the vice chairman performs the duties of the chairman. It shall be the duty of the chairman to preserve order and decorum at all meetings of the board, to state every question coming before the board, to announce the decisions of the board on all subjects, and to decide all questions of order, subject however, to an appeal to the board, in which event a majority vote of the board shall govern and conclusively determine such question of order. The chairman shall have the right to vote on all matters coming before the board. All commissioners including the chairman shall be bonded in the amount of $10,000.00 by a good and solvent bonding company authorized to do business in the State of Georgia, said bond to be approved by the judge of the probate court, payable to the judge of the probate court and his successors in the office, for the use of Bacon County, conditioned upon the faithful performance of their duties. The costs of said bonds shall be paid from the general funds of Bacon County. SECTION 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 1997 Session of the General Assembly of Georgia a bill to amend an Act revising and reenacting the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended to provide for related matters; to repeal conflicting laws; and for other purposes. This 17th day of January, 1997. Honorable Tommy Smith Representative, 169th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tommy Smith, who on oath deposes and says that he is the Representative from the 169th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Alma Times, which is the official organ of Bacon County, on the following date: February 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area

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proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOMMY SMITH Representative, 169th District Sworn to and subscribed before me, this 14th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 21, 1997. WAYCROSS-WARE COUNTY CHARTER AND UNIFICATION STUDY COMMITTEE CREATION. No. 39 (House Resolution No. 82). A RESOLUTION Creating the Waycross-Ware County Charter and Unification Study Committee; and for other purposes. WHEREAS, radical changes are occurring in every aspect of the City of Waycross and Ware County, including shifts in population and increased demand for governmental services; and WHEREAS, the diminishing availability of limited resources portends a greater necessity for local governments to work together to share in the use of those resources; and WHEREAS, in the future, in order to meet the growing needs of the community, more projects will need to be accomplished jointly by the city and county governments than ever before; and WHEREAS, a careful and considered review of all matters related to the governments of the City of Waycross and Ware County and a comprehensive study of the feasibility of combining the two governments into a single, unified, county-wide government is greatly needed. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Waycross-Ware County Charter and Unification Study Committee to be composed of 15 members as follows: a chairperson to be selected by the mayor of the City of Waycross, the chairperson of the Ware County Commission, and the chairperson of the Waycross/Ware County Chamber of Commerce; five members to be appointed by the City of Waycross, two of whom shall be selected from among the elected officials of the City of Waycross; five members to be

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appointed by Ware County, two of whom shall be selected from among the elected officials of Ware County; and four members to be appointed by the Waycross/Ware County Chamber of Commerce. Vacancies in the committee shall be filled in the same manner as original members were selected, by the original selecting authority. BE IT FURTHER RESOLVED that the committee shall be authorized to adopt its own rules of procedure, including establishment of a quorum for the election of other officers and the transaction of business and adoption of bylaws, rules, and regulations and shall meet at such times and places as the committee chairperson determines. BE IT FURTHER RESOLVED that the committee shall be authorized to study any matters relative to the governments of the City of Waycross and Ware County in order to determine the best method to govern the citizens of Waycross and Ware County and to deliver services to residents of said city and county effectively and efficiently. BE IT FURTHER RESOLVED that the committee is authorized and directed to undertake a study of all matters relative to the establishment of a single, county-wide government with power and jurisdiction throughout the territorial limits of Ware County. BE IT FURTHER RESOLVED that all branches, agencies, and offices of the governments of the City of Waycross and Ware County shall cooperate fully and assist the committee in its efforts. BE IT FURTHER RESOLVED that all members of the committee shall serve without compensation from public funds but may be reimbursed for expenses incurred by such members in carrying out their duties under this resolution from funds of their respective governments or agencies. BE IT FURTHER RESOLVED that the committee shall submit a report of its findings, recommendations, and proposals to those members of the General Assembly whose senatorial or representative districts lie wholly or partially within the City of Waycross or Ware County, to the mayor and the chairperson of the county commission, and to any other interested officials not later than December 1, 1999, on which date the committee shall stand abolished. Approved April 29, 1997. TOCCOA-STEPHENS COUNTY GOVERNMENTAL CONSOLIDATION STUDY COMMITTEE CREATION. No. 50 (House Resolution No. 214). A RESOLUTION Creating the Toccoa-Stephens County Governmental Consolidation Study Committee; to provide an effective date; and for other purposes.

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WHEREAS, the consolidation of county and municipal governments or the consolidation of governmental services provided by a county and the municipalities located within the county offers an opportunity to better serve the citizens in an economical manner; and WHEREAS, the citizens of Stephens County and the City of Toccoa have expressed an interest in the consolidation of governments or services; and WHEREAS, further study is needed to apprise the citizens and the members of the General Assembly of the alternatives which will best suit the citizens and provide the greatest improvement in services. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Toccoa-Stephens County Governmental Consolidation Study Committee to be composed of the Senator representing Stephens County, the Representative representing Stephens County, five citizens of the unincorporated area of Stephens County to be appointed by the governing authority of Stephens County, and five citizens of the City of Toccoa to be appointed by the governing authority of the city. The committee shall elect a member of the committee as chairperson of the committee. 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 and recommend any actions or legislation which the committee deems necessary or appropriate. The 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 purposes of this resolution. The members of the committee shall receive no compensation or expenses for their services. In the event the committee makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 1998. The committee shall stand abolished on December 31, 1998. BE IT FURTHER RESOLVED that this resolution shall become effective July 1, 1997. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a resolution to provide for a study of the possible consolidation of local governments and services in Stephens County. This 15th day of January, 1997. Jeanette Jamieson, Representative 22nd District
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GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Mary Jeanette Jamieson, who on oath deposes and says that she is the Representative from the 22nd District, and further deposes and says as follows: (1) That the attached 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: January 21, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ MARY JEANETTE JAMIESON Representative, 22nd District Sworn to and subscribed before me, this 28th day of January, 1997. s/ Claudia R. Reynolds Notary Public, Douglas County, Georgia My Commission Expires Feb. 17, 1997 (SEAL) Approved April 29, 1997. TOWN OF BETWEEN NEW CHARTER. No. 433 (House Bill No. 446). AN ACT To provide a new charter for the Town of Between; to provide for incorporation, boundaries, and powers of the town; to provide for a governing authority of such town and the powers, duties, authority, election, terms, 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 town attorney, a town clerk, a town 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 town 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 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. This town and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style Town of Between, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this town shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time 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 office of town clerk and to be designated, as the case may be: Official Map (or

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Description) of the corporate limits of the Town of Between, 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 with the original map or description. (b) The town council may provide for the redrawing of any such map by ordinace to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (a) This town shall have all powers possible for a town to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. SECTION 1.13. Examples of power. (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 charter; (2) Appropriations and expenditures. To make appropriations for the support of the government of the town; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the town; (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 collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or such other laws as are now or may hereafter be enacted; to permit and

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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 town taxes or fees; (5) Condemnation. To condemn property, inside or outside the corporate limits of the town, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are now 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 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; (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 town from all individuals, firms, and corporations residing in or doing business in the town 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 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 powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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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 sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town; 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 town; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, 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 town; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the town and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, 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;

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(23) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to ensure a safe, healthy, and esthetically pleasing community; (24) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire-fighting agency; (25) Public hazards; removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks 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 town; to regulate the use of public improvements; and, for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted; (27) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (28) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services. To grant franchises or make contracts for public utilities and public 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 town; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement. To provide and maintain a retirement plan for officers and employees of the town; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter,

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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 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 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 intoxicating liquors, and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (37) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (38) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles;

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(40) Urban redevelopment. To organize and operate an urban redevelopment program; and (41) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town 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 town, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10. Town council creation; number; election. The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and four councilmembers. The town council established in this charter shall in all respects be a successor to and continuation of the town governing authority under prior law. The mayor and councilemembers shall be elected in the manner provided by 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. SECTION 2.11. Town council; terms and qualifications for office. The members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall

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be eligible to serve as mayor or councilemember unless that person shall have been a resident of the town for 12 months prior to the date of the election of mayor or members of the town 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 town. 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 now or may hereafter be enacted. (b) Filling of vacancies A vacancy in the office of mayor or councilemember 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 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 now or may hereafter be enacted. SECTION 2.13. Compensation and expenses. The mayor and councilemembers shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.14. Conflicts of interest; holding other offices. (a) Fiduciary capacity Elected and appointed officers of the town are trustees and servants of the residents of the town 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 town or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of that person's judgment or action in the performance of that person's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of that person's judgment or action in the performance of that person's official duties;

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(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 that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which that person is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this town or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person 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 town shall disclose such private interest to the town council. The mayor or any councilmember who has a financial interest in any matter pending before the town council shall disclose such interest and such disclosure shall be entered on the records of the town council, and that person 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 private interest to the governing body of such agency or entity. (d) Use of public property No elected official, appointed officer, or employee of the town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the town council or the governing body of such agency or entity. (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 town council. (f) Ineligibility of elected official Except where authorized by law, no councilmember nor the mayor shall hold any other elective or compensated appointive office in the town or otherwise be employed by the

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government or any agency thereof during the term for which that person was elected. No former councilmember and no former mayor shall hold any compensated appointive office in the town until one year after the expiration of the term for which that person was elected. (g) Political activities of certain officers and employees No appointed officer of the town shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town 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 town 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 town 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 town government for a period of three years thereafter. SECTION 2.15. Inquiries and investigations. Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town 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 town council shall be punished as may be provided by ordinance. SECTION 2.16. General power and authority of the town council. Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town. SECTION 2.17. Eminent domain. The town council is empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks

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electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town and to regulate the use thereof and, for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18. Organizational meetings. The town council shall hold an organizational meeting at the first regular meeting in January. 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) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this town and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and the United States of America. SECTION 2.19. Regular and special meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or any one member 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 required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town council shall be public to the extent required by law and notice to the public of special meetings shall be made fully as is reasonably possible as provided by Code Section 50-14-1 of the O.C.G.A. or other such applicable laws as are now or may hereafter be enacted. SECTION 2.20. Rules of procedure. (a) The town council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping 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 town council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum; voting. (a) Three councilmembers 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 three councilmembers shall be required for the adoption of any rodinance, resolution, or motion. An absention shall be counted as an affirmative vote. (b) In the event vacancies in office result in less than a quorum of councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the town council. A vote of the 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 It is hereby ordained by the governing authority of the Town of Between... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the town council may designate. SECTION 2.23. Action requiring an ordinance. Acts of the town council which have the force and effect of law shall be enacted by ordinance.

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SECTION 2.24. Emergencies. (a) To meet a public emergency affecting life, health, property, or public peace, the town council may convene on call of the mayor or any one councilmember and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted. SECTION 2.25. Codes of technical regulations. (a) The town council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the 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.

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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 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 Between, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the town and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the town council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The town 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 a successor is elected and qualified. The mayor shall be a qualified elector of this town and shall have been a resident of this town for 12 months preceding the election. The mayor shall continue to reside in this town during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.28. Chief executive officer; delegation of powers. The mayor shall be the chief executive of this town. The mayor shall possess all of the executive and administrative powers granted to the town

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under the Constitution and laws of the State of Georgia, and all the executive and administrative powers contained in this charter. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons employed by the town and qualified in management and administration. SECTION 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 the mayor may deem expedient; (7) Call special meetings of the town council as provided for in subsection (b) of Section 2.19 of this charter; (8) Approve or disapprove ordinances as provided in Section 2.30 of this charter; (9) Provide for an annual audit of all accounts of the town; (10) Participate in the discussion of all matters brought before the town council and vote on such matters only in the case of a tie vote; (11) Require any department or agency of the town to submit written reports whenever the mayor deems it expedient; and (12) Perform such other duties as may be required by law, this charter, or ordinance. SECTION 2.30. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the town council shall be presented promptly by the clerk to the mayor.

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(b) The mayor, within ten 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 o'clock Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of the 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 town council at its next meeting. If the town council then or at its next meeting adopts the ordinance by an affirmative vote of two-thirds of the 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 town council over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the town council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. SECTION 2.31. Mayor pro tempore; selection; duties. By a majority vote, the town council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall preside at all meetings of the town council and shall assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. The town council by a majority vote shall elect a new presiding officer from among its members for any period in which the mayor pro tempore is diabled, 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 town council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the town as necessary for the proper administration of the affairs and government of this town.

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(b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of 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 town 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 town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the town shall be appointed by the town council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The town council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the town. (e) Any vacancy on a board, commission, or authority of the town shall be filled for the unexpired term in the manner prescribed 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 town 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.

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(g) Any member of a board, commission, or authority serves at will and may be removed at any time by a vote of two-thirds of the members of the town council, unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its own members or may appoint as secretary an employee of the town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, 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 town council may 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 the prosecuting officer in the municipal court; shall attend the meetings of the town council as directed; shall advise the town council and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of such person's position as town attorney. SECTION 3.13. Town clerk. The town council shall appoint a town clerk. The town clerk shall be custodian of the official town seal and town records; maintain town council's records required by this charter; and perform such other duties as may be required by the town council. The town council shall provide for the compensation of the town clerk, provided that if a councilmember is appointed as town clerk, such member shall not receive additional compensation as town clerk. SECTION 3.14. Town treasurer. The mayor shall appoint a town treasurer to collect all taxes, licenses, fees, and other moneys belonging to the town subject to the provisions of this charter and the ordinances of the town and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes to the town. The town treasurer shall be responsible

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for the general duties of a treasurer and fiscal officer. The town council shall provide for the compensation of the town treasurer, provided that if a councilmember is appointed as town treasurer, such member shall not receive additional compensation as town treasurer. SECTION 3.15. 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, elected and appointed town officials are not town employees. SECTION 3.16. 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 may be a court to be known as the Municipal Court of the Town of Between. 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 town 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 town council unless otherwise provided by ordinance.

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(e) Before assuming office, each judge shall take an oath, given by the mayor, that such judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered in the minutes of the town council journal required in Section 2.20 of this charter. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all town ordinances, and such other violations as provided by law. (b) The municipal court shall have 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 $500.000 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 operation and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, 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 town, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to

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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 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 town, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the town. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this town granted by law to municipal courts and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.14. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Walton County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 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 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 town 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. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining town council seats shall be filled at the election alternating with the first election so that a continuing body is created. 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 designation. SECTION 5.13. Election by plurality vote. The person receiving a plurality of the votes cast for any town office shall be elected. SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause provided in Section 2.12 of this charter, 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 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 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. Voter qualification. 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

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and who are bona fide residents of the Town of Between shall be eligible to qualify as voters in the election. SECTION 5.17. Removal of officers. (a) A councilmember, the mayor, or other appointed officers provided for in this charter shall be removed from office for any one or more of the causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are now or may hereafter be enacted. (b) Removal of any officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) Following a hearing at which an impartial panel shall render a decision. In the event an elected officer is sought to be removed by the action of the town council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The town 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 town council to the Superior Court of Walton County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By an order of the Superior Court of Walton County following a hearing on a complaint seeking such removal brought by any resident of the Town of Between. 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 may establish a millage rate for the town property tax, a due date, and the time period within which these taxes must

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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 voluntary payment of taxes prior to the time when due. SECTION 6.12. Occupation and business taxes. The town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Regulatory fees; permits. The town council by ordinance shall have the power to require businesses or practitioners doing business within this town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18 of this charter. SECTION 6.14. Franchises. (a) The town council shall have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunication companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the town clerk. The town 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 town council has the authority to impose a tax on gross receipts for the use of this town'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.

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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 within 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 of this charter. 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 of this charter. SECTION 6.17. Construction; other taxes and fees. This town 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 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 Section 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking town permits 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

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exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the town council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The town may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Lease-purchase contracts. The town 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 O.C.G.A. or other such applicable laws as are now or may hereafter be enacted. SECTION 6.23. 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 6.24. 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 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 town council. On or before a date fixed by the town council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the

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town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget, the capital improvements budget, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. SECTION 6.26. Action by town council on budget. (a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than the thirty-first day of December of each year. If the town council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.27. Tax levies. The town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expense of the general government of this town.

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SECTION 6.28. Changes in appropriations. The town council by ordinance may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such 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 town council, but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed capital improvements plan with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have the power to accept, with or without amendments, or reject the proposed plan and proposed budget. The town council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the thirty-first day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the 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 audits. There shall be biennial independent audit or an annual report of agreed upon procedures 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 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. Procurement and property management. No contract with the town shall be binding on the town unless: (1) It is in writing;

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(2) It is drawn or submitted and reviewed by the town attorney and, as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 2.20 of this charter. SECTION 6.32. Centralized purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town. SECTION 6.33. Sale and lease of town property. (a) The town council may sell and convey or lease any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the town has no readily ascertainable monetary value. (c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the town a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to 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 town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this town, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms

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and conditions as the town council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the town not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the town council. SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of this town 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 town 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 town agencies, personnel, or offices as may be provided by the town council. SECTION 7.14. Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being

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the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.16. Repealer. An Act incorporating the Town of Between in the County of Walton, approved April 19, 1973 (Ga. L. 1973, p. 3880), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.17. Effective date. This Act shall become effective on January 1, 1998. 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 regular 1997 Session of the General Assembly of Georgia, a bill to provide a new charter for the Town of Between, to provide for a governing authority; to provide for all matters relative to the foregoing; and for other purposes. This 14th day of January, 1997. The Honorable Len Walker, Representative, 87th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, who on oath deposes and says that he is the Representative from the 87th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Walton Tribune, which is the official organ of Walton County, on the following date: January 26, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

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A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1 s/ LEN WALKER Representative, 87th District Sworn to and subscribed before me, this 3rd day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. CITY OF BLYTHE NEW CHARTER. No. 445 (House Bill No. 653). AN ACT To provide a new charter for the City of Blythe; 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, 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 providee 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: ARTICLE I CHARTER, CITY LIMITS, AND CORPORATE POWERS. SECTION 1.10. Name. This city and the inhabitants thereof are reincorporated by the enactment of this charter and are constituted and declared a body politic and corporate under the name and style City of Blythe, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The corporate boundaries of this city shall be as described and set forth in Appendix A attached hereto. (b) The city council may provide for changes in Appendix A by ordinance to reflect lawful changes in the corporate boundaries. 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.

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SECTION 1.13. Specific 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 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, 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 collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A., or such other laws as are now or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for 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 now 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,

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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, 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 other public property in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of

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raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, 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; (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 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) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; 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

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

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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. Town 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 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. Town council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the city for 12 months prior to the date of the election of mayor or members 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. The present mayor and councilmembers shall continue to serve until the end of their elected term. 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 now 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 12 months remains in the unexpired term, otherwise by an election as provided in Section 5.14 of this charter and in

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accordance with Titles 21 and 45 of the O.C.G.A. or other such laws as are now 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. Conflicts of interest; holding other offices. (a) Fiduciary capacity 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 that official's judgment or action in the performance of that official's official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of 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 that person is engaged without proper legal authorization or use such information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm, or corporation which to that person'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

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(6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which that person 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 private 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 person 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 private 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, no councilmember nor the mayor shall hold any other elective or compensated appointive office in the city or otherwise be employed by the government or any agency thereof during the term for which that official was elected. No former councilmember and no former mayor 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 appointed 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

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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 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 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 Monday in January following each election. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of this city and that I will support and

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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 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilemembers 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 O.C.G.A. or other such applicable laws as are now or may hereafter be enacted. SECTION 2.20. Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping of a journal of its proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the city council shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum; voting. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the journal, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. An absention 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 Blythe... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.23. Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. 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 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 still exists. An emergency

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ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. (b) Such 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 now or may hereafter be enacted. SECTION 2.25. Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) the requirements of subsection (b) of Section 2.22 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the 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 Blythe, 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

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by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit that office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.28. 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 assume the duties and powers of the mayor upon the mayor's physical or mental disability or absence. Any such absence or disability shall be declared by majority vote of all councilmembers. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. SECTION 2.29. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy; (3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing;

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(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 2.30. Limitation on terms of service. There shall be no limitation on the number of terms that a mayor may serve as mayor of the City of Blythe. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, alter, consolidate, or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All 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

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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 in this charter for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission, or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating that person to perform faithfully and impartially the duties of that person's office, such oath shall be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority serves 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 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

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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 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 and city records; maintain city council's records required by this charter; and perform such other duties as may be required by the city council. The city council shall provide for the compensation of the city clerk. SECTION 3.14. Position classification and pay plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, elected and appointed city officials are not city employees. SECTION 3.15. Personnel policies. All employees serve at will and may be removed from office at any time unless otherwise provided by ordinance. ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There may be a court to be known as the Municipal Court of the City of Blythe. SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance.

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(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 such 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 in the minutes of the city council journal required in Section 2.20 of this charter. SECTION 4.12. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. SECTION 4.13. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) Except as otherwise provided by law, 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. In addition thereto, where authorized by general law, the municipal court may fix punishment as set forth in such specific statutes of the O.C.G.A. for offenses within its jurisdiction which punishment as set forth in specific statutes may exceed or be less than the authorized punishment herein. In such event, maximum punishment that the municipal court may fix shall be that specifically set forth in such specific statute. (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.

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

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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, 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 on the Tuesday next following the first Monday in November in 1999 and biennially thereafter. (b) There shall be elected the mayor and two councilmembers at one election and at every other election thereafter. The remaining city council seats shall be filled at the election alternating with the first election so that a continuing body is created. (c) The initial election under this charter will be held on the Tuesday next following the first Monday in November 1999. At the initial election, the mayor and two councilmembers shall be elected for a term of four years and two councilmembers shall be elected for a term of two years so that a continuing body is created. (d) 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 designation. SECTION 5.13. Election by plurality vote. The person receiving a plurality of the votes cast for any city office shall be elected.

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SECTION 5.14. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause 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 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 causes provided in Title 45 of the O.C.G.A. or such other applicable laws as are now 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 sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. The city council shall provide by ordinance for the manner in which such hearings shall be held. Any elected officer sought to be removed from office as provided in this section shall have the right of appeal from the decision of the city council to the Superior Court of Richmond 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 Richmond County following a hearing on a complaint seeking such removal brought by any resident of the City of Blythe.

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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 may 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. The city council may classify businesses, occupations, or professions for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18 of this charter. SECTION 6.13. Regulatory fees; permits. The city council by ordinance shall have the power to require business 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 of this charter. SECTION 6.14. Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways,

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telephone companies, electric companies, electric membership corporations, cable television and other telecommunication companies, gas companies, transportation companies, and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, 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 of this charter. SECTION 6.16. Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17. Construction; other taxes and fees. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

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SECTION 6.18. Collection of delinquent taxes and fees. The city council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city permits for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time such issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program, or venture for which they were issued. SECTION 6.21. Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22. Lease-purchase contracts. The city may enter into 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 O.C.G.A. or other such applicable laws as are now or may hereafter be enacted.

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SECTION 6.23. Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.24. Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. SECTION 6.25. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city 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 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 6.26. 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 thirty-first day of December of each year. If the city council fails to adopt the budget by said date, the amounts appropriated for operation for the then current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly, until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriation ordinance setting out the estimated

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revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotments thereof to which it is chargeable. SECTION 6.27. Tax levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth inthe 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 the power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work, or improvement unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the thirty-first day of December of each year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have

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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 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; (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 6.32. 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.

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(c) Whenever in opening, extending, or widening any street, avenue, alley, or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley, or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms 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. Except as to those ordinances listed on Appendix B attached hereto, all other ordinances, resolutions, rules, and regulations adopted prior to January 1, 1994, are hereby repealed. All of the ordinances listed on Appendix B attached hereto and all ordinances, resolutions, rules, and regulations adopted after January 1, 1994, and now in force in the city not inconsistent with this charter are declared valid and of full effect and force until amended or repealed by the city council. SECTION 7.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of 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

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desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 7.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or officers as may be provided by the city council. SECTION 7.14. Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.16. Repealer. An Act incorporating the City of Blythe in the County of Richmond, approved August 3, 1920 (Ga. L. 1920, p. 748), is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.17. Effective date. This Act shall become effective on January 1, 1998. SECTION 7.18. General repealer. All laws and parts of laws in conflict with this Act are repealed.

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APPENDIX A Legal description of the City of Blythe, Georgia All those streets, roads, tracts, or parcels of land, with or without improvements thereto, situate lying and being in the Counties of Burke and Richmond, containing 1831.78 acres and being more particularly shown on a plat made for the City of Blythe, Georgia by James G. Swift and Associates, Consulting Engineers, dated September 24, 1996, which is attached hereto and made a part hereof; reference is hereby made to the City Plat for more particular description of the metes, bounds, bearings, and distances which is shown by the aforesaid perimeter survey of the City of Blythe, Georgia. APPENDIX B Ordinances and resolutions adopted prior to January 1, 1994, which shall remain in full force and effect, to-wit: 1. An ordinance relative to establishment of Municipal Water Works System adopted by the Town of Blythe in 1966. 2. City Ordinance No. 91-1 adopted June 10, 1991, relative to Water Conservation Restrictions. 3. Ordinance No. 92-02 titled Land Development Code of Blythe, Georgia. 4. Ordinance No. 92-03 adopted April 21, 1992, titled Waste Management and Recycling. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the Regular 1997 Session of the General Assembly of Georgia an act to reincorporate the Town of Blythe to be hereafter known as the City of Blythe, in the Counties of Richmond and Burke; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, by-laws, rules and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of Municipal Court; to provide for the appointment of the Municipal Judge; to provide for the qualifications and compensation of the Municipal Judge; to provide for the jurisdiction of the Municipal Court; to provide for appeals from the Municipal Court; to provide for the

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payment of court costs; to provide for rules for Municipal Court; to provide for severability; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia; This 3rd day of February, 1997. Ben Swain McElmurray, Jr. City Attorney Blythe, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George L. DeLoach, who on oath deposes and says that he is the Representative from the 119th District, and further deposes and says as follows: (1) That the attached 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 12, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GEORGE L. DELOACH Representative, 119th District Sworn to and subscribed before me, this 17th day of February, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION NOTICE is hereby given that there will be introduced at the Regular 1997 Session of the General Assembly of Georgia an act to reincorporate the Town of Blythe to be hereafter known as the City of Blythe, in the Counties of Richmond and Burke; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the government of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, by-laws, rules and regulations; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city government; to provide for the levy and collection of ad valorem taxes; to provide for elections: to provide for the qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a Municipal Court; to provide for the appointment of the Municipal Judge; to provide for the qualifications and compensation of the Municipal Judge; to provide for the jurisdiction of the Municipal Court; to provide for appeals from the Municipal Court; to provide for the payment of court costs; to provide for rules for the Municipal Court; to provide for severability; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: This 3rd day of February, 1997. BEN SWAIN MCELMURRAY, JR. City Attorney Blythe, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George L. DeLoach, who on oath deposes and says that he is the Representative from the 119th District, and further deposes and says as follows: (1) That the attached 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: February 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

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A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ GEORGE L. DELOACH Representative, 119th District Sworn to and subscribed before me, this 17th day of February, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. CITY OF DONALSONVILLE NEW CHARTER. No. 449 (House Bill No. 684). AN ACT To provide a new charter for the City of Donalsonville; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances and codes; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, a city treasurer, and other personnel; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for taxation and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for the sale of property; to provide for bonds for officials; to provide for eminent domain; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style City of Donalsonville, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map of the corporate limits of the City of Donalsonville, Georgia. Photographic, typed, or other copies of such map or description certified by the city clerk shall be admitted as evidence in all courts and shall have the same force and effect as the original map or description. (b) The mayor and 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.

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(b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. (c) The powers of the government of the City of Donalsonville to be exercised by the mayor and council shall include, but not be limited to, the following: (1) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air, and to prevent the pollution of natural streams which flow within the corporate limits of the city; (2) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if such are 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 licenses, 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, fees, and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (6) Condemnation. To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are or may hereafter be enacted; (7) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (8) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists inside or outside the city,

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and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (9) Fire regulations. To fix and establish fire 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 fire prevention, detection, and 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 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 the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains, and squares in the city; to provide for commitment of such persons to any jail; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city; (16) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of

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raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and for the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; to provide for the withdrawal of service for refusla or failure to pay the same; and to authorize the extension of water, sewerage, and electrical distribution systems, and all necessary appurtenances by which said utilities are distributed, inside and outside the corporate limits of the city as provided by ordinance; (21) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (22) Ordinances, rules, and regulations. To make, establish, and adopt such bylaws, ordinances, policies, and rules and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants of the city, and for preserving the health, peace, order, and good government of the city; (23) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (24) Planning and zoning. To provide comprehensive city planning for development by zoning and to provide subdivision regulation and the like as the city council deems necessary and reasonalbe to insure a safe, healthy, and aesthetically pleasing community; (25) Police and fire protection. To exercise the power of arrest through duly appointed police officers and to establish, operate, or contract for a police and a fire fighting agency; (26) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public;

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(27) Public improvements. To provide for the acquisition, construction, building, operation, and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated or such other applicable laws as are or may hereafter be enacted; (28) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (29) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (30) Public utilities and services. To grant franchises or make contracts for public utilities and public services; and to prescribe the rates, fares, regulations, and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as such are not in conflict with valid regulations of the Public Service Commission; (31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view of streets or roads, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (32) Retirement. To provide and maintain a retirement plan for officers and employees of the city; (33) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to negotiate and execute leases over, through, under or across any city property or the right-of-way of any street, road, alley, and walkway or portion thereof within the corporate limits of the city, for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and for other bridges, overpasses, and underpasses for private use at such location, and to charge a rental therefor in such manner as may be provided by ordinance; and to authorize and control the construction of bridges, overpasses, and underpasses within the corporate limits of the city;

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and to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts for the use of public utilities and for private use; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for 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; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials; and to provide for the sale of such items. (36) Special areas of public regulation. To regulate or prohibit junk dealers, pawn shops, the manufacture, sale, or transportation of intoxicating liquors and the use and sale of firearms; to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers and itinerant traders, theatrical performances, exhibitions, and shows of any kind, by taxation or otherwise; and to license, tax, regulate, or prohibit professional fortunetelling, palmistry, adult bookstores, and massage parlors; (37) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) Taxes: ad valorem. To levy and provide for assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (39) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (40) 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 such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and

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(42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to 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, and its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE LEGISLATIVE BRANCH SECTION 2.10. Mayor and 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 mayor and council to be composed of a mayor and six members of the council. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11. Same terms and qualifications for office. The mayor and each member of the council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of at least 12 months immediately prior to the date of the election of the mayor or members of the council; 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; suspensions. (a) Vacancies. The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in this charter. (b) Suspension. Upon the suspension from office of mayor or councilmember in any manner authorized by the general laws of the State of Georgia, the mayor and 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. Same compensation and expenses. The mayor and each councilmember shall receive compensation and expenses for their services as provided by ordinance and in accordance with Chapter 35 of Title 36 of the O.C.G.A. SECTION 2.14. Conflicts of interest; holding other offices. (a) Conflict of interest. No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction, nor have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair the independence of his or her 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, hereself, 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 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; or (5) Represent other private interests in any action or proceeding against this city or any portion of its government. (b) Disclosure. Any elected official, appointed officer, or employee who 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 mayor and council. The mayor or any councilmember who has a private interest in any matter pending before the mayor and council shall disclose such private interest and such disclosure shall be entered on the records of the mayor and council, and such mayor or councilmember having a private interest 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) 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 mayor and council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale viodable at the option of the mayor and council. (e) Ineligibility of elected official. Except where otherwise 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 of the city during the term for which he or she was elected. (f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office within the city government. (g) Penalties for violation.

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(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; and (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) above shall ineligible for appointment to, election to, or employment in a position in the city government for a period of three years thereafter. SECTION 2.15. Inquiries and investigations. The mayor and council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency of the city 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. SECTION 2.16. General power and authority of the mayor and council. Except as otherwise provided by other provisions of this charter, the mayor and council shall exercise that authority and those powers as provided by Article I of this charter. SECTION 2.17. Eminent domain. The mayor and council is empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, water-works, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; any other public improvements inside or outside the city; and to regulate the use thereof and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. ORGANIZATION AND PROCEDURES SECTION 2.18. Organizational meetings. The mayor and council shall hold an organizational meeting on the first Tuesday in January next following the election of the mayor and council.

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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 or 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 mayor and council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the mayor and council may be held on call of the mayor or of any 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 the mayor and councilmembers shall not be required if five of the six members of the council 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 mayor and 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 prior to such meetings as provided by state law. SECTION 2.20. Rules of procedure. (a) The mayor and council shall adopt rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of proceedings, which shall be a public record. (b) All committees and committee chairpersons and officers of the mayor and council shall be appointed by the mayor and shall serve at the mayor's pleasure. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum: voting. (a) Four of the councilmembers shall constitute a quorum and shall be authorized to transact business of the mayor and council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be

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recorded in the journal, but any member of the council shall have the right to request a roll call vote, and such vote shall be recorded in the journal. Except as otherwise provided in this charter, the affirmative vote of a majority of the Councilmembers present at an official meeting 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 the councilmembers holding office, then the remaining councilmembers in office shall constitute a quorum and shall be authorized to transact business of the mayor and council. In this event, a vote of a majority of the remaining councilmembers present at an official meeting 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 mayor and council of the City of Donalsonville hereby ordains.... 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 mayor and council. Ordinances shall be considered and adopted or rejected by the mayor and council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, unless a written copy of the ordinance shall have been provided to each councilmember not less than 24 hours prior to the meeting at which it shall be considered for adoption, or 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 each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the mayor and council may designate. SECTION 2.23. Action requiring an ordinance. Acts of the mayor and 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 mayor and 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

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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 90 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 2.25. Codes of technical regulations. (a) The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of Section 2.22(b) for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 2.26. Signing; authenticating; recording; codification; printing. (a) The mayor shall sign and the clerk shall authenticate the mayor's signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the mayor and council. (b) The mayor and council shall provide for the preparation of a general codification of all the ordinances of the city having the force and effect of law. The general codification shall be adopted by the mayor and 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 mayor and council may specify. This compliation shall be known and cited officially as The Code of the City of Donalsonville, 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 mayor and 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 syle as the code currently in effect and shall be suitable in form for incorporation therein. The mayor and 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 mayor and council shall appoint a city manager for an indefinite term and shall fix the compensation of the city manager. The manager shall be appointed solely on the basis of his or her executive, administrative, and technical qualifications. SECTION 2.27. Removal of city manager. (a) The mayor and council may remove the manager from office in accordance with the following procedures: (1) The mayor and council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the 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 mayor and council a written request for a public hearing. This hearing shall be held within 30 days after the request is filed. The manager may file with the mayor and council a written reply not later than five days before the hearing; or (3) If the manager has not requested a public hearing within the time specified in paragraph (2) above, the mayor and council may adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members. If the manager has requested a public hearing, the mayor and council may

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adopt a final resolution for removal, which may be made effective immediately, by an affirmative vote of a majority of all its members at any time after the public hearing. (b) The manager shall continue to receive his or her 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 mayor and council a qualified city administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or disability. During such absence or disability, the mayor and 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 administrative officer of the city. The manager shall be responsible to the mayor and council for the administration of all city affairs placed in his or her charge by or under this charter. The manager shall have the following powers and duties: (1) To appoint and, when he or she deems it necessary for the good of the city, suspend or remove all city employees and administrative officers he or she appoints, except as otherwise provided by law or personnel ordinances adopted pursuant to this charter. The manager may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency. (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 meetings of the mayor and council and to have the right to take part in discussion but not to vote. (4) To see that all laws, provisions of this charter, and acts of the mayor and council, subject to enforcement by the manager 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 mayor and council. (6) To submit to the mayor and council and make available to the public a complete report on the finances and administrative activities of the city as of the end of each fiscal year.

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(7) To make such other reports as the mayor and council may require concerning the operations of city departments, offices, and agencies subject to his or her direction and supervision. (8) To keep the mayor and council fully advised as to the financial condition and future needs of the city and to make such recommendations to the mayor and council concerning the affairs of the city as he or she deems desirable. (9) To perform other such duties as are specified in this charter or as may be required by the mayor and council. SECTION 2.31. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2.15, the mayor and 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 mayor and council nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 2.32. Selection of mayor pro tempore. By a majority vote of all its members, the mayor and council shall elect a councilmember to serve as mayor pro tempore, and such councilmember shall serve at the pleasure of the mayor and council. The mayor protempore shall continue to vote and otherwise participate as a councilmember. SECTION 2.33. Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the mayor and council; (2) Be the head of the city for the purpose of service of process and for ceremonial purposes and shall 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; and (5) Serve as a tie breaker and cast a vote only in the event of a tie vote of the council.

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SECTION 2.34. Mayor pro tempore; duties. The mayor pro tempore shall preside at all meetings of the mayor and council in the absence of the mayor and shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor and 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 mayor and council. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor and 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 the mayor and council. (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 the department or agency. (e) All directors under the supervision of the city manager shall be nominated by the city manager with confirmation of appointment by the mayor and council. The manager may suspend, with or without pay, or remove directors under his or her supervision, but such a removal shall not be effective for ten calendar days following the city manager giving written notice of such action and the reasons for such action to the director involved and to the mayor and council. The director involved may appeal to the mayor and council which, after a hearing, may override the action of the city manager by a vote of four of the councilmembers. SECTION 3.11. Boards, commissions, and authorities. (a) The mayor and council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or

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quasi-legislative function the mayor and council deem necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms, office, or manner of appointment is prescribed by this charter or by law. (c) The mayor and council by ordinance may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by this charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for 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 faithfully and impartially perform the duties of 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 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 or such other individual as its bylaws permit. 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. ADMINISTRATIVE OFFICERS SECTION 3.12. City attorney. The mayor and 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

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all litigation in which the city is a party, may be the prosecuting officer in the municipal court, shall attend the meetings of the mayor and council as directed, shall advise the mayor and council and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required by virtue of his or her position as city attorney. SECTION 3.13. City clerk. The city manager may nominate, and the mayor and council shall appoint, a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain such records as are required by this charter, and perform such other duties as may be required by the city manager. SECTION 3.14. City treasurer. The city manager may nominate, and the mayor and council shall appoint, a city treasurer to collect all taxes, licenses, fees, and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and to enforce all laws of Georgia relating to the collection of delinguent 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 manager may nominate, and the mayor and council shall appoint, a city accountant to perform the duties of an accountant. PERSONNEL ADMINISTRATION SECTION 3.16. Pay plan. The city manager shall annually be responsible for the preparation of a pay plan which shall be submitted to the mayor and council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.17. Personnel policies. The mayor and council shall adopt rules and regulations consistent with this charter concerning:

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(1) The method of employee selection and probationary periods of employment; (2) The administration of 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 Donalsonville. SECTION 4.11. Municipal 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 such person shall be a member of the State Bar of Georgia. All judges shall be nominated by the city manager and appointed by the mayor and 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 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 journal of the mayor and council 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. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as is 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 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 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,

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and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. (i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to mayor's, recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations. SECTION 4.14. Appeal and certiorari. (a) A review on a decision of the municipal court, in the case of traffic violations, may be by direct appeal to the superior court, and any bond as may be required to secure the costs of appeal to the Superior Court of Seminole County, Georgia, from the municipal court shall lie as prescribed by law. An appeal to the superior court shall not be a de novo proceeding. (b) The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Seminole 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 mayor and council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10. Applicability of general law. All primaries and elections shall be held and conducted in accordance with the Title 21, Chapter 3 of the O.C.G.A., the Georgia Municipal Election Code as now or hereafter amended.

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SECTION 5.11. Voting districts. The city shall be divided into two voting districts, District I and District II, with three councilmembers being elected from District I and three councilmembers being elected from District II. District I shall contain Council Posts 1, 2, and 3; and District II shall contain Council Districts 4, 5, and 6. The mayor shall run at large, representing both districts. SECTION 5.12. Regular elections; time for holding. The board of commissioners shall cause an election to be held at the city hall or such other place in the city as the mayor and council shall direct and designate. All general municipal elections shall be held on the Tuesday next following the first Monday in November, 1993, and on such day biennially thereafter. Each elected officer shall serve for a term of four years, the term beginning on January 1 of the year following the officer's election. Notwithstanding any provision of this charter, no term of office to which a person has been elected prior to the effective date of this charter shall be shortened or lengthened except pursuant to the procedures established by state law. SECTION 5.13. Qualifying; absentee ballots; other provisions. Except as otherwise provided by this charter, the mayor and council, by ordinance, may prescribe rules and regulations governing qualifying fees, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as it deems necessary to fulfill any options and duties under Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.14. Election by majority vote. The candidate for office shall be elected by a majority vote of the votes cast for each position. The procedures and requirements for election of all elected officers of the city shall be in conformity with the provisions of Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code, as now or hereafter amended. SECTION 5.15. Special election; vacancies. In the event that the office of mayor shall become vacant for any cause whatsoever, the council shall order a special election to fill the balance of

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the unexpired term of the office. In the event that the office of councilmember shall become vacant for any post, the mayor and council shall appoint a successor for the unexpired term of that office. However, no more than two so appointed councilmembers shall hold office at any one time. If one-third or more council posts shall become vacant for any cause whatsoever, the mayor and council shall call a special election to fill the third and succeeding council posts for the unexpired term or terms of that office or succeeding offices. 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 5.16. Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglecting to perform the duties of office; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of four of the councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the mayor and 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 paragraph shall have the right of appeal from the decision of the mayor and council to the Superior Court of Seminole 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 Seminole County following a hearing on a complaint seeking such removal brought by any resident of the City of Donalsonville.

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ARTICLE VI FINANCE SECTION 6.10. Property tax. The mayor and council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the mayor and council in their discretion. SECTION 6.11. Millage rate; due dates; payment methods. The mayor and council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The mayor and 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 mayor and 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 individuals, corporations, and other entities in accordance with the provisions of Article 1 of Chapter 13 of Title 48 of the O.C.G.A. and other general law. The mayor and council may classify businesses, occupations, professions, or callings for the purpose of such taxation in any way which may be lawful and may compel the payment of such taxes as provided in Section 6.18. SECTION 6.13. Licenses; permits; fees. In accordance with Article 1, Chapter 13, Title 48 of the O.C.G.A. and other general law, the mayor and council shall have the power by ordinance 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 actually regulated by the city and are not now regulated by general law in such 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

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in Section 6.18. The mayor and council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitate. SECTION 6.14. Franchises. The mayor and 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 telecommunications, gas companies, transportation companies, and other similar organizations. The mayor and council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, that no franchise shall be granted for a period in excess of 35 years, and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the city clerk in a registration book kept by the city clerk. The mayor and council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SECTION 6.15. Service charges. The mayor and council by ordinance shall have the power to assess and collect fees, charges, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.16. Special assessments. The mayor and council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by law, and the specific mention of any right, power, or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs.

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SECTION 6.18. Collection of delinquent taxes and fees. The mayor and council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The mayor and 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 mayor and 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 or allowed by law. SECTION 6.22. Fiscal year. The mayor and council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.23. Preparation of budgets. The mayor and council shall 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. Submission of operating budget to mayor and council. On or before a date fixed by the mayor and council but not later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as the city manager may deem pertinent. The operating budget, the capital improvements budget, 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 mayor and council on budget. (a) The mayor and 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 mayor and council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the May 20 of each year. If the mayor and council fail 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 items prorated accordingly until such time as the mayor and council adopt a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.23. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such organizational unit, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof to which it is chargeable.

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SECTION 6.26. Tax levies. Following adoption of the operating budget, the mayor and 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 the city. SECTION 6.27. Changes in appropriations. The mayor and council by ordinance may make changes in the appropriations contained in the current operating budget at any regular, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.28. Capital improvements budget. (a) On or before the date fixed by the mayor and council but no later than 30 days prior to the beginning of each fiscal year, the city manager shall submit to the mayor and council a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The mayor and council shall not authorize an expenditure for the construction of any building, structure, work, or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency as provided in Section 2.24. (b) The mayor and council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than May 20 of each year. No appropriation provided for in a prior capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city manager may submit amendments to the capital improvements budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. SECTION 6.29. Independent audit. There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the

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mayor and 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 to the public at printing costs. SECTION 6.30. Contracting procedures. No contract with the city 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 the city attorney to indicate such drafting or review; and (3) Made or authorized by the mayor and council, and such approval is entered in the journal of the mayor and council of proceedings pursuant to Section 2.21. SECTION 6.31. Centralized purchasing. The mayor and council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.32. Sale of city property. (a) The mayor and council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The mayor and 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 mayor and council may authorize the city manager to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley, or public place when such swap is deemed to be in the best interest of the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property,

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notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11. Prior ordinances. All ordinances, resolutions, rules, and regulations now in force in the city not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the mayor and council. SECTION 7.12. Existing personnel and officers. Effect as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges, and powers shall continue as is beyond the time this charter takes effect, unless the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arrange 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 mayor and council. SECTION 7.14. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part of the charter. (b) The word shall is mandatory and the word may is permissive.

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(c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. SECTION 7.15. Severability. If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter unless it clearly appears that such other parts are wholly and necessarily dependent upon the part held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted separately and independent of each other. SECTION 7.16. Effective date. This charter shall become effective on January 1, 1998. SECTION 7.17. Repealer. An Act incorporating the City of Donalsonville in the County of Seminole, approved April 10, 1971 (Ga. L. 1971, p. 3844), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are repealed. Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to provide for a New Charter for the City of Donalsonville; to provide for all matters pertinent to the corporate limits, jurisdiction, and operation of the city and all other such matters as may customarily be included in City charters; to provide for the repeal of the former charter; to provide for related matters; and for other purposes. This 13th day of February, 1997. Representative Dan E. Ponder, Jr. 160th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dan E. Ponder, Jr., who on oath deposes and says

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that he is the Representative from the 160th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Donalsonville News, which is the official organ of Seminole County, on the following date: February 13, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government referred to in the bill during the calendar week in which the notice was published, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ DAN E. PONDER, JR. Representative, 160th District Sworn to and subscribed before me, this 19th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. CITY OF SOCIAL CIRCLE SCHOOL DISTRICT; BOARD OF EDUCATION; SUPERINTENDENT. No. 458 (House Bill No. 861). AN ACT To continue the charter for the Academy of Social Circle; to create a body politic known as the School District of Social Circle; to provide for a board of education; to provide for membership and election of members of such board of education; to provide for education districts; to define certain terms; to provide qualifications for members of such board; to provide for the filing of vacancies; to provide for compensation; to provide for the appointment of a superintendent; to provide for powers of such board; to provide for funding of the school system; to repeal certain Acts; to repeal conflicting laws; to provide an effective date; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The charter for the Academy of Social Circle created by an Act approved August 22, 1905 (Ga. L. 1905, p. 515), as amended, is continued by this Act. There is established in the City of Social Circle in Walton County a system of public schools to be maintained and conducted under the name and style of the Academy of Social Circle as provided in this Act. SECTION 2. (a) There is created a body corporate and politic to be known and designated as the School District of the City of Social Circle with power to purchase, acquire, lease, hold, and dispose of real and personal property in that name for the use and operation of the Academy of Social Circle. Said school district shall be a political subdivision of the state. Said school district shall comprise an area coterminous with the city limits of the City of Social Circle supplemented by those additional areas of Walton County, Georgia, as ordered by the appropriate federal courts and shall be under the government, management, and control of the Board of Education of the City of Social Circle. (b) The Academy of Social Circle shall be under the government, management, and control of the Board of Education of the City of Social Circle. SECTION 3. (a) The members of the Board of Education of Social Circle serving on January 1, 1998, including those newly elected or reelected chairperson and members from Education Districts 2 and 4 who take office on that date, shall continue to serve the remainder of their terms and until their successors are duly elected and qualified. The Board of Education of Social Circle 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 Social Circle as existed immediately prior to January 1, 1998, and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this Act. (b) The Board of Education of Social Circle shall consist of five members, all of whom shall be elected from education districts described in subsection

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(b) of this section except for the member who is chariperson and who is elected at large as provided in Section 7 of this Act. (c) For purposes of electing members of the board of education other than the chairperson, the Social Circle School District is divided into four education districts. One member of the board shall be elected from each such district. Those districts shall consist of the following described territory of the Social Circle School District: Education District: 1 WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 124A, 164A, 165, 166, 167, 173, 174, 176, 177A, 178A, 179A, 181, 182, 183, 187, 188, 189, 190, 191, 192, 193, 194, 195, 212, 213, 214, 215 Education District: 2 WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 161A, 163A, 168A, 169A, 171A, 172, 184, 185A, 186, 205A, 206A, 207, 208, 209, 239, 253, 254, 255, 257A, 258A Education District: 3 NEWTON COUNTY VTD: 0005 BRICK STORE (Part) Tract: 1002. Block(s): 104A WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 175, 180A, 218A, 219, 221, 223, 235, 236 Education District: 4 WALTON COUNTY VTD: 0418 SOCIAL CIRCLE (Part) Tract: 1108. Block(s): 210, 211, 216, 217, 222, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 237, 238, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 256, 301A, 302, 303, 304, 305, 306, 307, 308A (d) For purposes of subsection (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

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Bureau of the Census for the United States decennial census of 1990 for the State of Georgia; (2) The term Precinct is synonymous with the term voting precinct and means a geographical area designated by Article 7 of Chapter 2 or 3 of Title 21 of the O.C.G.A., within which all electors vote at one polling place; (3) Whenever the description of any education district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 1990 for the State of Georgia; (4) Precinct names and designations following VTD designations are included for convenience only; and in the event the description of any education district contains a conflict between the geographical boundaries of the following named precinct, the geographical boundary of the VTD as shown on the census maps for the United States decennial census of 1990 for the State of Georgia shall control; (5) Any part of the Social Circle School District which is not included in any education district described in subsection (b) of this section shall be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (6) Any part of the Social Circle School District which is described in subsection (b) of this section as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. SECTION 4. (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 an education district, a person must have resided in that district for at least 12 months prior to election thereto and must receive a majority of the votes cast for that office in that district 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 as

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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 chairperson of the board shall be a member of the board elected at large as provided in this Act. The member of the board who is chairperson of the board may reside anywhere within the Social Circle School District and must receive a majority of the votes cast for such office in the entire Social Circle School District. The chairperson must continue to reside within the Social Circle School District during that person's term of office or that office shall thereupon become vacant. SECTION 5. (a) The chairperson and those members of the board elected thereto from Education Districts 2 and 4 in 2003 shall take office the first day of January immediately following that election. Those members of the board elected thereto from Education Districts 1 and 3 in 1999 shall take office the first day of January immediately following that election. 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. Members of the board shall serve for 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 elected in accordance with Chapter 3 of Title 21 of the O.C.G.A., the Georgia Municipal Election Code. SECTION 6. Any vacancy occurring in the membership of the board, whether the vacancy is in the office of chairperson or any other member, for any reason other than expiration of term, shall be filled by the remaining members of the council unless otherwise required by Code Section 20-2-54.1 of the O.C.G.A. SECTION 7. The chairperson and members of the Board of Education of Social Circle may be compensated in an amount not to exceed $50.00 for each day during which they attend a meeting of the board of education. Members of the board, including the chairperson, may be reimbursed for the actual expenses necessarily incurred for attending meetings in the performance of their official duties when those meetings occur outside the Social Circle School District. SECTION 8. (a) The board of education shall appoint the school superintendent. Unless otherwise provided by general law, the board may provide that the

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superintendent serve at the pleasure of the board of education or the board may provide the school superintendent with a contract of employment for a fixed term. (b) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents. SECTION 9. (a) Said board of education shall have the power to acquire property, both real and personal, by purchase, rental, donation, the exercise of the power of eminent domain, or otherwise. (b) Such board shall be vested with the title, care, and custody of all school buildings or other property used in the school district for educational purposes, including administrative offices, storage, maintenance, and all other education related uses with power to control such property in such manner as it thinks will best serve the interest of the public schools. (c) When, in the opinion of the board, any school building, site, or other property has become unnecessary or inconvenient, the board may sell, lease, or otherwise dispose of it in the name of the school district; and the conveyance or any such sale shall be executed by the chairperson, upon authorization by the board. SECTION 10. The board shall purchase or otherwise acquire school buildings and related properties by purchase, construction, lease, or the exercise of eminent domain, and the board shall properly furnish same for school purposes. SECTION 11. (a) The board of education shall annually certify to the mayor and council of Social Circle a school tax not greater than the mills per dollar allowable under the laws and Constitution of the State of Georgia upon the assessed value of all property in Social Circle for the support and maintenance of education. Said mill rate limitation shall be a limitation only upon the power of taxation and shall not limit or otherwise affect any revenue sharing or other funds received by the school district from sources other than the local ad valorem tax. Said mayor and council shall annually levy said tax upon the assessed value of all taxable property within the City of Social Circle. (b) School tax funds derived from ad valorem taxes shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch and student transportation.

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(c) Ad valorem taxes collected by the City of Social Circle for the support of the school district shall be paid over to the board of education by the governing authority of the city according to the schedule set forth in this subsection. The dates by which payment is required in each year shall refer to payments by such date in such year of taxes collected for the previous year: (1) In the calendar year 1998, amounts payable to the board of education that year shall be paid in one or more installments, the last payment to be sent to the board not later than June 30, 1998; and (2) In calendar year 1999, and future calendar years, amounts payable to the board of education each year shall be paid in one or more installments, the last payment to be sent to the board not later than June 30. (d) The mayor and council of Social Circle shall have authority, in their sole discretion, to pay over to the school district of the City of Social Circle for the support and maintenance of the public schools such other funds as the city may have which are not needed for other purposes. (e) The board of education shall keep accurate counts of all moneys or property received by it for the use of said public schools and of all expenditures made by them. The board shall also prepare an annual report as to the condition of the schools together with proper statements of all moneys received and all moneys expended. (f) The mayor and council of Social Circle shall levy and collect annually the tax for school purposes as certified to it by the board of education upon each dollar of assessed valuation and upon all and every species of property, both real and personal, within the limits of the city. The mayor and council shall enforce the collection of same by execution, levy, and sale as the mayor and council shall provide. (g) The mayor and council of Social Circle shall have power and authority to provide by ordinance when such taxes shall be due, what length of time said taxes shall be paid, and when tax execution shall issue against defaulters and to fix a penalty for the nonpayment of such taxes when due. SECTION 12. An Act entitled An Act to incorporate the Academy of Social Circle, in the City of Social Circle, approved August 22, 1905 (Ga. L. 1905, p. 515), and all amendatory Acts thereto, and an Act entitled An Act to reconstitute the Board of Education of Social Circle and provide for its powers, duties, rights, obligations, and liabilities and subject it to certain constitutional and statutory provisions approved March 3, 1993 (Ga. L. 1993, p. 3888), are repealed.

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SECTION 13. Notwithstanding any provisions of Code Section 1-3-4.1 of the Official Code of Georgia Annotated to the contrary, this Act shall become effective on July 1, 1997. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE NEW LEGISLATION Notice is hereby given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia, a bill to continue the charter for the Academy of Social Circle, to create a body politic known as the School District of Social Circle, to provide for a board of education and matters relative thereto; to provide for funding of the school system, and for other purposes. This 27th day of January, 1997. Honorable Len Walker, Representative, 87th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len. Walker, who on oath deposes and says that he is the Representative from the 87th District, and further deposes and says as follows: (1) That the attached 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 3, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LEN WALKER Representative, 87th District Sworn to and subscribed before me, this 21st day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 Session of the General Assembly of Georgia a bill to continue the charter for the Academy of Social Circle, to create body politic known as the School District of Social Circle; to provide for a board of education and matters relative thereto; to provide for funding of the school system, and for other purposes. This 27th day of January, 1997. Honorable Len Walker, Representative, 87th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Len Walker, who on oath deposes and says that he is the Representative from the 87th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Covington News, which is the official organ of Newton County, on the following date: February 20, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality

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or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirment of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ LEN WALKER Representative, 87th District Sworn to and subscribed before me, this 24th day of February, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. LINCOLN COUNTY RECREATION AUTHORITY CREATION. No. 460 (House Bill No. 903). AN ACT To create the Lincoln County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, modify, improve, expand, and operate sports, cultural, and recreational facilities and areas of all kinds and descriptions, including, but not limited to, playgrounds, parks, amusement parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, ponds, marinas, tennis courts, handball courts, squash courts, racket ball courts, frontons, basketball courts, ice rinks, facilities for track and field events, rifle, archery, skeet and trap ranges and facilities, athletic fields and courts, club houses, gymnasiums, museums, libraries, concert halls, theaters, amphitheaters, auditoriums, arenas, stadiums, grandstands, facilities for fairs, livestock shows, exhibitions, and conventions, youth centers, senior citizen centers, recreation centers and other recreational buildings, golf courses, driving ranges, stables, hunting preserves, lodges and resorts, fishing lodges and resorts, boats, historic sites and attractions, facilities for the recreation and accommodation of tourists, including hotels, motels, restaurants and ancillary and related facilities, and areas serving the foregoing or to be used in connection therewith, including, but not limited to, parking facilities, food and beverage service facilities, and retail and service facilities associated therewith; to acquire the necessary property for such facilities and areas, both real and personal; to lease or sell any or all of such facilities and areas, including real property; to confer powers on the authority; to provide for the membership and for the appointment of members of the authority and for their removal from office; to provide for offices and employees of the authority; to authorize the authority to contract with others pertaining to such recreational facilities and areas; to lease such facilities and areas, either as lessor or lessee; to convey title to real property of the authority in fee simple, to convey title to personal property, and to do all things deemed necessary or conveninent for the operation of such facilities and areas; to authorize the authority and other political subdivisions to enter into intergovernmental contracts pertaining to such facilities and areas, which contracts may obligate the authority or such other political subdivisions to make payment for the use or provision of such facilities and areas or for the provisions of services relating thereto, including but not limited to services pertaining to the acquisition, construction, equipping, maintenance, modification, improvement, expansion, or operation of such facilities or areas, for the term of such intergovernmental contract and to pledge to that purpose revenues derived from taxation; to authorize the authority to issue revenue bonds and other obligations of the authority to finance costs of such facilities and areas and to refund any such revenue bonds or other obligations, provided that such revenue bonds and other obligations of the authority shall not constitute a debt of Lincoln County or other political subdivisions, within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such revenue bonds or other obligations and to secure the payment thereof; to define the rights of the holders of such revenue bonds or other obligations; to make the revenue bonds and other obligations, the income therefrom, and the property of the authority exempt from taxation and assessment; to provide for the validation of revenue bonds and supporting agreements pursuant to the provisions of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; to grant to the authority sovereign immunity to the extent of the law; to fix the venue and jurisdiction of actions to which the authority shall be a party; to provide for conveyance of property upon dissolution; to provide for construction of this Act; to provide for severability; 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. Short title. This Act shall be known and may be cited as the Lincoln County Recreation Authority Act. SECTION 2. Findings. It is found, determined, and declared that: (1) The existence of sports, cultural, and recreational facilities and areas within Lincoln County is important to meet the recreational needs and for the general welfare and well-being of the residents of Lincoln County, contiguous counties, and this state and is important for the economic well-being of Lincoln County and this state in that such facilities and areas create employment, attract tourists, and enhance the attractiveness of Lincoln County to companies seeking sites for new industrial and commercial projects; (2) The objectives of paragraph (1) of this section can best be achieved by creating a local recreation authority, as created by this Act, which authority shall be authorized to acquire, construct, equip, modify, improve, expand, lease, sell, maintain, operate, and finance such facilities and areas; to promote and assist the acquisition, construction, equipping; modification, improvement, expansion, maintaining, operation, and financing of such facilities and areas located in Lincoln County by municipalities located in Lincoln County and by private entities; to raise, administer, and spend funds for that purpose, including revenues derived by the authority under intergovernmental contracts and from grants; and to issue revenue bonds and other obligations to finance the cost of such facilities; and (3) The activities to be undertaken and conducted by the authority serve a public purpose and are declared to serve a county purpose of Lincoln County, a municipal purpose of the municipalities located therein, and a state purpose of this state. SECTION 3. Definitions. As used in this Act, the term: (1) Authority means the Lincoln County Recreation Authority created in Section 4 of this Act. (2) Board of commissioners means the Board of Commissioners of Lincoln County.

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(3) Counterparty means any person that is a party to any contract or agreement with the authority. (4) Cost, when used with reference to any project, means and shall embrace and include all costs of acquisition, construction, equipping, modification, improvement, and expansion of such project, all costs of financing or refinancing such project, and, during the period of the acquisition, construction, equipping, modification, improvement, or expansion of such project and for a period ending one year following the completion of the acquisition, construction, equipping, modification, improvement, or expansion of such project, shall include interest on revenue bonds or other obligations issued to finance or refinance such project, start-up costs, costs of maintaining and operating such project and administrative and other costs relating to such project or relating to any revenue bonds or other obligations issued to finance or refinance such project, including, but not limited to: (A) Costs of acquiring, leasing, constructing, fabricating and installing real property, fixtures, furnishings, machinery, equipment and other tangible and intangible personal property and interests, rights, easements, and franchises therein including, but not limited to, the cost of all conveyances and leases of such property to or by the authority and costs of labor, materials, supplies, equipment rental charges, premiums on performance and payment bonds, builder's risk and liability insurance, and other costs associated with the construction or fabrication of any project or any part thereof; (B) Costs of plans and specifications, engineering, architectural, and design services, soil testing and stabilization, land surveys, environmental studies, and other preconstruction expenses and expenses necessary or incident to determining the feasibility or practicability of the project; (C) Costs of applying for and obtaining grants relating to any project; (D) Costs relating to the issuance of revenue bonds and other obligations to finance or refinance any such project and relating to any forward purchase contract or any option agreement relating to the future issuance by the authority of any revenue bonds or other obligations, including, but not limited to, any points, commitment fee, or other fee charged by any lender, original issue discount, underwriter's discount, the fees and expenses of any securities depository, placement agents, financial advisers, attorneys, trustees, registrars, paying agents, remarketing agents, indexing agents, escrow agents, tender agents, or other agents and consultants for services relating to the financing or refinancing of such project; (E) Costs relating to obtaining ratings and complying with applicable securities laws;

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(F) Costs of any bond insurance policy, letter of credit, surety bond, other financial guaranty, or other credit facility or liquidity facility relating to such revenue bonds or other obligations or the refunding thereof; (G) Costs of any hedge facility, including any currency swap, interest rate swap, interest rate cap, interest rate collar, or other financial product relating to such revenue bonds or other obligations; (H) Costs, in the case of the refinancing and refunding of previously issued revenue bonds or other obligations relating to any project, of any investment securities, guaranteed investment contract, forward purchase contract, and other financial products to be used to retire or defease such previously issued revenue bonds or other obligations; (I) Costs incurred during the period of the acquisition, construction, equipping, modification, improvement, or expansion of such project and for a period ending one year following the completion of the acquisition, construction, equipping, modification, improvement, or expansion of such project, for the payment of interest on the revenue bonds or other obligations issued to finance or refinance such project, start-up costs of such project, costs of maintaining and operating such project, and administrative and other costs relating to such project or relating to any revenue bonds or other obligations issued to finance or refinance such project; and (J) Any other costs relating to any project that would be classified as a cost of a project under the Revenue Bond Law. Any obligation or expense incurred for any of the purposes listed in this paragraph 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 or other obligations issued under the provisions of this Act with respect to such project. (5) Other obligations means debt obligations described in paragraph (9) of subsection (a) of Section 7 of this Act. (6) Project means and includes sports, cultural, and recreational facilities and areas of all kinds and descriptions, including, but not limited to, playgrounds, parks, amusement parks, hiking, camping, and picnicking areas and facilities, swimming and wading pools, lakes, ponds, marinas, tennis courts, handball courts, squash courts, racket ball courts, frontons, basketball courts, ice rinks, facilities for track and field events, rifle, archery, skeet and trap ranges and facilities, athletic fields and courts, club houses, gymnasiums, museums, libraries, concert halls, theaters, amphitheaters, auditoriums, arenas, stadiums, grandstands, facilities for fairs, livestock shows, exhibitions and conventions,

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youth centers, senior citizen centers, recreation centers and other recreational buildings, golf courses, driving ranges, stables, hunting preserves, lodges and resorts, fishing lodges and resorts, boats, historic sites and attractions, facilities for the recreation and accommodation of tourists, including hotels, motels, restaurants, and ancillary and related facilities, and areas serving the foregoing or to be used in connection therewith, including, but not limited to, parking facilities, food and beverage service facilities, and retail and service facilities associated therewith. (7) Revenue Bond Law means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., as the same exists on the date of enactment of this Act and as the same may hereafter be amended. (8) Revenue bonds and bonds mean revenue bonds described in Section 8 of this Act. SECTION 4. Creation of authority, situs, tax exemption, sovereign immunity, venue, and other matters. (a) Creation. There is created a public body corporate and politic to be known as the Lincoln County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title the authority may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in courts of law and equity, and participate in mediation and arbitration proceedings. The authority shall not be a state institution nor a department or agency of this state, but shall be an instrumentality of this state, a mere creation of this 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. The authority shall have perpetual existence. It is the intent of the General Assembly that the authority be deemed to be an agency and instrumentality of the county and a governmental unit for purposes of Section 103 and Sections 141-150 of the Internal Revenue Code of 1986, as amended, and, as to the county, 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, and that the revenue bonds and other obligations of the authority be deemed, for federal income tax purposes, to be issued on behalf of the county. (b) Situs. The authority shall have its principal office in Lincoln County, and its legal situs, domicile, and residence for the purposes of this Act shall be Lincoln County. (c) Tax exemption. The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function

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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 Lincoln County, and not for the purpose of private or corporate benefit, and the authority, its income, its revenue bonds and other obligations, and all interest and other income derived therefrom shall be exempt from all taxes and special assessments of this state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from 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. For purposes of this subsection, property shall be deemed to be owned by the authority if legal or equitable title is in the authority, even though security title thereto may be held by another person under a deed to secure debt and even though title thereto may be acquired by a third party under the terms of a lease or option. (d) Sovereign immunity, venue, and other matters. 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 in the same manner 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 Lincoln County, 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, provided that the authority may convey, mortgage, pledge, hypothecate, and grant a security interest in any of its property, real or personal, as security for its obligations, and all remedies provided for in any deed to secure debt, mortgage, indenture, pledge agreement, or security agreement executed by the authority shall be enforceable in accordance with the terms thereof. 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 Lincoln County. SECTION 5. Members, meetings, and related matters. (a) Members. The authority shall consist of seven members who shall be natural persons at least 21 years of age and residents of Lincoln County

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and who shall not have been convicted of a felony. The members of the authority shall be appointed by the board of commissioners. The board of commissioners shall initially appoint one member for a term ending December 31, 1998, two members for terms ending December 31, 1999, two members for terms ending December 31, 2000, and two members for terms ending December 31, 2001. After the expiration of each such initial term, the immediately succeeding term and all subsequent succeeding terms for all members shall be four years ending on the fourth anniversary of the end of the immediately preceding term, provided that incumbent members shall hold over and continue to serve past the expiration of their terms until a successor is appointed and assumes the duties of office as a member of the authority. The person who is initially appointed for the shortest term shall serve as acting chairperson of the authority, shall give notice of the first meeting of the authority at which the initial officers of the authority shall be elected, and shall preside at such meeting until after the election of officers, at which point the person elected as chairperson shall, as chairperson, preside for the balance of such meeting and the acting chairperson shall cease to serve as chairperson.No elected or appointed official or employee of Lincoln County shall serve as a member of the authority, except that any member of the board of commissioners may be appointed to serve as a member of the authority so long as not more than one member of the board of commissioners, at any time, serves as a member of the authority. If a member of the board of commissioners who is serving as a member of the authority ceases to be a member of the board of commissioners, such member's status as a member of the authority shall thereupon terminate, and a successor shall be appointed by such board of commissioners to fill the balance of such vacated term of office. The preceding sentence shall not be deemed to prohibit the board of commissioners from reappointing such former member of the board of commissioners to fill such vacancy. Members may be reappointed upon the expiration of their respective terms by the board of commissioners. Each member of the authority shall begin his or her duties at the next scheduled meeting of the authority following his or her appointment. Members shall serve without compensation, but shall be entitled to reimbursement from funds of the authority for any ordinary and necessary expenses, approved by the authority, incurred in the performance of their official duties as members of the authority. (b) Death, resignation, and removal. A member's term of office shall terminate upon his or her death or conviction of a felony. Any member of the authority may resign by delivering his or her written resignation to the clerk of the board of commissioners. Any such resignation may, by its terms, become effective at a future date specified therein, or if no effective date is specified, such resignation shall become effective upon receipt by the clerk. The clerk shall promptly notify the members of the board of commissioners of any resignation and the effective date of such

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resignation. Any member of the authority may be removed from office, with or without cause, by majority vote of the board of commissioners. No member of the authority shall be deemed to have any vested right to hold office, and no cause of action shall arise as a result of such removal from office. (c) Filling of vacancies. Any vacancy on the authority shall be filled within 60 days by appointment by the board of commissioners, and the person so appointed shall serve for the remainder of the unexpired term subject to the provisions of subsection (b) of this section. (d) Ethics. 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 prohibited transaction with the authority. The provisions of the immediately preceding sentence and the provisions of paragraph (9) of Code Section 45-10-3 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: (1) Any interest or involvement by such member 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; (2) No member having a substantial interest or involvement may be present at that portion of any meeting of the members during which discussion of such matter or transaction is conducted; and (3) No member having a substantial interest or involvement may participate in any decision of the members relating to any such matter or transaction. As used in this paragraph, the term substantial interest or involvement means any interest or involvement which reasonably may be expected to result in a direct financial benefit to such member, as determined by the members by majority vote, which determination shall be final and not subject to review. A member who has any 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. Nothing contained in this subsection or in Code Section 45-10-3 shall be deemed to prohibit any member from providing legal services to the authority, being paid for such services and related expenses, or participating in discussions relating to his or her engagement, scope of services, compensation, or related matters, or from voting on such matters. (e) Meetings. An annual meeting of the authority shall be held in January of each year for the election of officers and for the conduct of

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such other business as the authority deems appropriate. Such annual meeting shall be held on such date and at such time and place as shall be established by or pursuant to the rules and regulations of the authority, or if no rules and regulations have been adopted, such annual meeting shall be held on such date, and at such time and place as shall be established by the chairperson in the notice calling the meeting. The authority, in its rules and regulations, may schedule additional regular meetings in addition to the annual meeting. Special meetings of the authority may be called by the chairperson or vice chairperson of the authority and may be held on not less than 18 hours notice. Notice of all meetings shall be given to the members and to the public. Notice to the members may be given orally, by telephone, or in writing. Notice to the public may be given by publication in the county organ of the county or by posting of notice in the same place as notices of meetings of the board of commissioners are posted. Meetings of the authority shall be open to the public in accordance with the laws of this state. Written minutes of all meetings shall be kept and within 30 days following any meeting, a copy of the minutes thereof shall be furnished to the members and to the clerk of the board of commissioners who shall keep the same on file as a part of the county's records. Meetings shall be conducted in accordance with Robert's Rules of Order. Meetings of the authority shall be subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. SECTION 6. Officers, employees, counsel, and consultants. (a) Officers. At the first meeting of the authority in 1998 and at the annual meeting held in each calendar year thereafter, the authority shall elect one of its members as chairperson, another member as vice chairperson, and shall also elect a secretary and treasurer, who need not be members of the authority, or a joint secretary-treasurer, who need not be a member of the authority. If the secretary or treasurer or joint secretary-treasurer is not a member of the authority, such officer shall be entitled to participate in meetings of the authority, but shall not be entitled to vote. All officers shall serve in such offices until the annual meeting of the authority held in the next succeeding year and until their successors are elected and assume the duties of office. Whether or not the authority has employed an executive director, who shall serve as an assistant secretary, as provided in subsection (b) of this section, the authority may elect one or more persons, other than a person serving as chairperson or vice chairperson, to serve as an assistant secretary. The chairperson shall preside at meetings of the authority; in the absence of the chairperson, the vice chairperson shall preside and in the absence of both of them, the members present at the meeting shall elect from their number an acting chairperson for such meeting, or for such portion thereof during which the chairperson and vice chairperson shall both be

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absent. All contracts, leases, indentures, deeds, revenue bonds, or other contractual or financial obligations of the authority shall be executed by the chairperson, or in the absence of the chairperson, shall be executed by the vice chairperson. The secretary shall be the custodian of the records of the authority, other than any financial records. Any instrument that is required to be attested shall be attested by the secretary or any assistant secretary, and if the form of such instrument requires a seal, the official seal of the authority may be impressed thereon or a facsimile thereof may be imprinted or printed thereon. The authority and the county may enter into an intergovernmental contract under which the clerk of the board of commissioners shall, ex officio, serve as the assistant treasurer of the authority and under which the county may collect, hold, invest, and, at the direction of the treasurer of the authority, disburse funds of the authority and provide financeial services of the type provided to departments of the county, all as may be provided in such intergovernmental contract. The treasurer shall keep, or cause to be kept, the financial books and records of the authority, except for books and records required to be kept by any trustee or escrow agent or custodian of funds under any trust indenture or other instrument relating to the issuance of revenue bonds and other obligations of the authority or pursuant to any agreement to which the authority is a party and books and records required to be kept by the clerk under any intergovernmental contract relating to funds being administered by the clerk, as assistant treasurer of the authority. (b) Employees. The authority is authorized to employ such employees as are necessary or desirable for the operation of the authority. The authority may employ an executive director and may delegate to such executive director duties and powers of the type normally possessed by the president of a Georgia for profit corporation, except for those powers reserved by this Act to officers of the authority. Any such executive director shall, ex officio, serve as an assistant secretary of the authority and shall be entitled to attest instruments executed by the chairperson or vice chairperson, and to execute certificates on behalf of the authority and shall serve as recording secretary of the authority and, in such capacity, shall be responsible for the recording of minutes of meetings of the authority. The authority and Lincoln County are authorized to enter into an intergovernmental contract under which specified county employees shall perform services for the authority that otherwise would be performed by the employees of the authority. The authority and the county are authorized to enter into an intergovernmental contract under which county employee benefits are extended to the employees of the authority. (c) Counsel. The authority is authorized to employ legal counsel of its choice to serve as general counsel to the authority and is authorized to employ other legal counsel in connection with the issuance of revenue bonds and other obligations and other matters of a type that are not

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regularly and routinely handled by its general counsel. The county and the authority are authorized to enter into an intergovernmental contract under which the county attorney serves as general counsel to the authority. (d) Consultants. The authority may retain, employ, and engange the services of such independent consulants as it deems necessary. SECTION 7. Powers of the authority. (a) The authority shall have the following powers: (1) To have a seal and alter the same at pleasure; (2) To conduct studies of the recreational and cultural needs of the county, to develop plants for meeting those needs, to consult with other public and private sector entities in connection with the meeting of those needs, to conduct activities to encourage governmental and private sector entities to locate projects in Lincoln County, and to advertise and promote facilities and areas which are owned by the authority; (3) To lend financial support through grants, contributions, or similar methods to other governmental entities in furtherance of the authority's public purpose, provided that the benefits to be received by the residents of Lincoln County as a result thereof are determined by the authority to be of sufficient value to prevent such support from violating Article III, Section VI, Paragraph VI of the Georgia Constitution; (4) To lend financial support through grants, contributions, or similar method to private sector for-profit and not-for-profit entities in furtherance of its corporate purpose, provided that the benefits to be received by the residents of Lincoln County as a result thereof are determined by the authority to be of sufficient value to prevent the same from violating Article III, Section VI, Paragraph VI of the Georgia Constitution; (5) To engage in fundraising activities to raise money to be used in furtherance of its corporate purposes; (6) To apply for and accept grants of money or materials or property of any kind from the United States or any agency or instrumentality thereof, upon such terms and conditions, if any, as the United States or such agency or instrumentality may impose; (7) To apply for and accept grants of money or materials or property of any kind from the State of Georgia, its political subdivisions, public bodies, and departments, and agencies and instrumentalities thereof, upon such terms and conditions, if any, as the grantor may impose,

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and this state, its political subdivisions, public bodies, departments, and agencies and instrumentalities thereof, are authorized to make such grants, provided that the benefits to be received as a result of such grant by this state, such political subdivision, or such public body making such grant or by the residents thereof are determined by the governing body, or appropriate official of the grantor, to be of sufficient value to prevent the grant from violating Article III, Section VI, Paragraph VI of the Georgia Constitution; (8) To issue and validate revenue bonds, as provided in Section 8 of this Act, and to enter into contracts and agreements in connection therewith, including, but not limited to: (A) Any lease, installment sale agreement, loan agreement, or other agreement between the authority and any user of the project to be financed or refinanced with the proceeds of such revenue bonds, any of the revenues from which are to be used as a source of payment or as security for such revenue bonds; (B) Intergovernmental contracts between the authority and this state or any agency or instrumentality of this state, or between the authority and the United States government or any agency or instrumentality thereof, or between the authority and any county, municipality, political subdivision, public body, or public corporation of this state, any of the revenues from which are to be used as a source of payment or as security for such revenue bonds; (C) Agreements under which the authority obtains a credit facility, liquidity facility, or hedge facility, including any currency swap agreement, interest rate swap agreement, interest rate cap, or interest rate collar, from a counterparty in connection with the issuance of such revenue bonds if any of the amounts to be paid by the counterparty thereunder are to serve as a source of payment or as security for such revenue bonds or otherwise provide security to the holders of such revenue bonds; and (D) Agreements under which the authority sells such revenue bonds for future delivery or sells call options, to be exercisable at a future date, on revenue bonds that have been authorized and may be issued at a future date if such options are exercised by the holders of such options; (9) To borrow money for any of its corporate purposes and to issue, as evidence thereof, other obligations which are not expressly prohibited by the Georgia Constitution, including, but not limited to: (A) Bond anticipation notes issued in anticipation of the issuance of revenue bonds relating to any project which notes are to be paid with proceeds of such revenue bonds and the proceeds of which are to be used to pay costs of such project;

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(B) Grant anticipation notes issued in anticipation of the receipt of proceeds of any grant that has been authorized by the grantor, which notes are to be repaid from the proceeds of such grant and the proceeds of which notes are to be used for the purposes specified in the grant or, if no purpose is specified, the proceeds of such notes may be used for any lawful purpose of the authority; and (C) Intergovernmental contract payment anticipation notes issued in anticipation of the receipt of revenues under an intergovernmental contract, which notes are to be repaid from the revenues received under such intergovernmental contract and the proceeds of which notes are to be used for the purposes specified in the intergovernmental contract or, if no purpose is specified, the proceeds of such notes may be used for any lawful purpose of the authority. Such other obligations may be, but shall not be required to be, validated, unless required to be validated by the Constitution or general law in effect at the time such other obligations are issued. Such other obligations may, to the extent not prohibited by law, be payable from and secured by a pledge of funds to be received by the authority from any source; (10) To sue and be sued in contract and in tort and to complain and defend in all courts; (11) To acquire by purchase, lease, or other method, through public bidding or negotiated transaction, on such terms and conditions and in such manner as it may deem proper, personal property of every kind and description and real property and rights or easements therein or franchises necessary or convenient for its corporate purposes. If the authority shall deem it expedient to acquire or lease any real or personal property the title to which shall then be in this state, the Governor is authorized to convey for and on behalf of this state title to such property or to lease such property to the authority for such lawful consideration as may be determined by the parties to be the reasonable value of such property or leasehold interest, such value to be determined by mutual agreement of the authority and the Governor or by an appraiser agreed upon by the Gornor and the authority. If the authority shall deem it expedient to acquire or lease any real or personal property, the title to which shall then be in the name of the board of commissioners or any municipality incorporated in said county, the board of commissioners or governing authority or body of such municipality is authorized to convey title to such property or to lease such property to the authority for such lawful consideration as may be determined by the parties to be the reasonable value of such property or leasehold interest, such value to be determined by mutual agreement of the authority and the board of commissioners or the governing body of such municipality, as applicable. Real and personal

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property of this state, Lincoln County, any municipality within Lincoln County, the United States, or any department, agency, or instrumentality of any of the foregoing may be contributed by grant to the authority in furtherance of the authority's public purpose, provided that, in the case of any grant by this state, Lincoln County, or any municipality, the provisions of paragraph (7) of this section shall be applicable; (12) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, and equip projects and to make contracts for the construction of improvements to real property and for the purchase, fabrication, and installation of personal property in connection with any project or in connection with property used in the operations of the authority, by public bidding or negotiated transaction; and, in connection with any such construction contract, the authority may, but shall not be required to, require the contractor to post a payment and performance bond; (13) To operate, manage, insure, and maintain projects and other property used by the authority in the conduct of its operations and to enter into contracts, with or without public bidding, relating to its operations; (14) To sell, lease, grant, exchange, or otherwise dispose of, by competitive bidding or by negotiated transaction, any project or other property, both real and personal, or any interest therein which is either not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created or is to be used by the party to which the same is sold, leased, granted, exchanged, or disposed of for purposes which further the purpose for which the authority was created; (15) To convey, mortgage, pledge, hypothecate, and grant a security interest in any of its revenues, receipts, and property, real or personal, as security for its revenue bonds, contractual obligations, and other obligations; (16) To make recommendations to Lincoln County and municipalities within Lincoln County on land acquisition, facilities development, and other matters relating to the provision of sports, cultural, or recreation facilities and areas within Lincoln County; (17) To appoint, select, retain, and employ employees, agents, consultants, and independent contractors and to fix their compensation; (18) To exercise the power of eminent domain to acquire property for public use in furtherance of its public purpose and in accordance with general law; (19) To establish regulations, fees, rates, and charges for the use of its facilities; and

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(20) To do all things necessary or convenient to carry out the powers expressly given in this Act and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and general 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 purposes hereof. SECTION 8. Revenue bonds. (a) Authorization. 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, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of revenue bonds for the purpose of paying all or any part of the cost of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the sources provided for in this Act for such payment. The revenue bonds of each issue shall be dated and shall bear interest at such rate or rates as determined or provided by the authority, payable on such dates as determined or provided by the authority. Principal on such revenue 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 or subject to purchase before maturity at such price or prices and under such terms and conditions as may be fixed by the authority. Such revenue bonds shall be issued pursuant to and in conformity with the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law. (b) Sale. The authority may sell such revenue bonds in such manner and for such prices as it may determine to be in the best interest of the authority. (c) Use of proceeds. The proceeds derived from the sale of such revenue bonds shall be used solely for the purpose of paying costs of the project, as provided in the resolution authorizing the issuance of such revenue bonds. (d) Proceedings. Such revenue bonds shall be issued pursuant to a resolution of the authority and may be issued without any other proceedings, conditions, or things other than those proceedings, conditions, and things which are specified or required by this Act and the Revenue Bond Law. Any resolution providing for the issuance of revenue

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bonds under the provisions of this Act shall become effective immediately upon 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. (e) Special and limited obligations. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of this state or Lincoln County, or a pledge of the faith and credit of this state or county. Such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution authorizing the issuance of such revenue bonds or in documents approved by such resolution. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate this state or any political subdivision thereof, including specifically Lincoln County, to levy or to pledge any form of taxation or to make any appropriation for their payment, and all such bonds shall contain recitals on their face stating the substance of the foregoing three sentences. However, Lincoln County or 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. The obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of Lincoln County or other political subdivision but shall not constitute a debt within the meaning of Article IX, Section V, Paragraph I of the Georgia Constitution. (f) Pledge of projects and revenues. Any one or more projects and 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 such revenues, rents, and earnings were produced by a particular project for which revenue bonds or other obligations have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal and interest on the revenue bonds and other obligations of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any document approved by such resolution. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or document approved by such resolution 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 principal shall mature;

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(3) The necessary charges of any trustee, paying agent, registrar, tender agent, indexing agent, remarketing agent, or other agent involved in the administration of such revenue bonds; (4) The redemption price, including any premium, of any of such revenue bonds that is payable upon the redemption thereof prior to maturity; (5) The purchase price of any revenue bonds that are required to be purchased pursuant to the terms of such resolution or any document approved thereby; and (6) Any amounts payable by the authority, or in behalf of the authority, to any counterparty to any agreement under which a credit facility, liquidity facility, or hedge facility has been issued by such counterparty in connection with the issuance of such revenue bonds. The use and disposition of any sinking fund or other pledged fund securing any revenue bonds shall be as provided for in the resolution authorizing the issuance of the bonds or in any document approved thereby. (g) Validation. Revenue bonds issued by the authority shall be confirmed and validated in accordance with the procedures provided for in the Revenue Bond Law. At the request of the authority in the notice filed with the district attorney relating to validation, the district attorney shall include in the petition a request for the validation of the authority's obligations to the counterparty under: (1) Any lease, installment sale agreement, loan agreement, or intergovernmental contract or other agreement, the payments by the counterparty under which are to serve as a source of payment or as security for any of such revenue bonds; (2) Any agreement relating to any credit facility, liquidity facility, or hedge facility the payments by the counterparty under which are to serve as a source of payments to the holders of any of such revenue bonds; and (3) Any agreement providing for the future issuance and delivery of any such revenue bonds, including any forward sale contract or option agreement, and, if so requested by the authority and if the counterparty is subject to suit or consents to the jurisdiction of the court, the petition shall also make the counterparty a party defendant to such validation action and shall request that the counterparty show cause, if any, why such contract or agreement and the counterparty's obligations thereunder should not be inquired into by the court and the validity of the terms thereof be determined and the validity of the counterparty's obligations thereunder be adjudicated to be valid. If the petition requests that the validity of the obligations of the authority and the counterparty be determined, and if the counterparty is subject

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to suit or consents to the jurisdiction of the court, the court may validate the obligations of both the authority and the counterparty under such contract or agreement, but if the counterparty is not subject to suit and does not consent to jurisdiction, the court may nonetheless determine the validity of the authority's obligations under such contract or agreement, and for such purpose may assume that the agreement or contract is the duly authorized, legal, and binding obligation of the counterparty, and if the authority's obligations are validated on the basis of such assumption, the authority shall be barred from raising any defense in any action by the counterparty to enforce the authority's obligations under such contract or agreement other than the defense of lack of mutuality on the grounds that the contact or agreement is not legal, valid, and binding on the counterparty. 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 issuing the same and if any such counterparty is a party to the validation proceedings the judgment of validation shall be final and conclusive with respect to such counterparty. SECTION 9. Budget and finance. The authority shall prepare an annual budget and file a copy thereof with the clerk of the board of county commissioners. SECTION 10. Rules and regulations. The authority may by affirmative vote of a majority of all members adopt rules and regulations to govern the authority, its employees, and operations and may by affirmative vote of all members repeal, replace, or amend such rules and regulations. SECTION 11. 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 12. Oversight. The board of commissioners is 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

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affairs, and the authority shall give and furnish assistance in making such inspections. SECTION 13. Dissolution. The authority may be dissolved by the General Assembly provided that all financial obligations of the authority have been paid or assumed by Lincoln County and all other contractual obligations of the authority have been performed or assumed by Lincoln County. Upon such dissolution all property of the authority shall be conveyed to the county, subject to any rights of third parties therein at the time of such conveyance. 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, except as provided in the following sentence 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 Lincoln County. 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 14. No impairment. While any of the revenue bonds or other obligations 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 15. Trust funds. All funds received pursuant to the authority of this Act, whether as proceeds from sale of revenue bonds or as revenues, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust instrument of the authority.

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SECTION 16. Construction. This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of its purposes. SECTION 17. Scope of operation. The scope of the authority's operation shall be limited to the territory embraced within Lincoln County. SECTION 18. Severability. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. SECTION 19. Effective date. This Act shall become effective January 1, 1998. SECTION 20. 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 1997 session of the General Assembly of Georgia a bill to create the Lincoln County Recreation Authority; and for other purposes. This 27th day of February, 1997 Representative Tom McCall 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

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he is the Representative from the 90th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal, which is the official organ of Lincoln County, on the following date: February 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TOM MCCALL Representative, 90th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997.

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FRANKLIN COUNTY BOARD OF COMMISSIONERS; TERMS; CHAIRPERSON'S RIGHT TO VOTE; CLERK; COUNTY ATTORNEY; COUNTY AUDITOR. No. 461 (House Bill No. 906). AN ACT To amend an Act creating a new Board of Commissioners of Franklin County, approved February 11, 1991 (Ga. L. 1991, p. 4681), as amended, so as to provide for staggered terms; to provide that the chairperson of the commission shall have the right to vote on all matters; to provide that the county clerk, county attorney, and county auditor shall be hired by the board of commissioners and shall serve at the pleasure of the board of commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new Board of Commissioners of Franklin County, approved February 11, 1991 (Ga. L. 1991, p. 4681), as amended, is amended by striking in their entirety subsections (a) and (b) of Section 2, and inserting in lieu thereof the following: (a) The chairperson shall serve for an initial term of four years and until his or her successor is elected and qualified. At the general election in 2000, and every four years thereafter, a successor to the chairperson shall be elected and shall serve for a term of office of four years and until a successor is elected and qualified. (b) (1) At the November general election in 1998, members of the board of commissioners shall be elected to represent Commissioner District No. 1 and Commissioner District No. 2. Each such member shall serve for a term of two years and until his or her successor is elected and qualified. At the November general election in 2000, members of the board of commissioners shall be elected to represent Commissioner District No. 1 and Commissioner District No. 2 for terms of four years and until their respective successors are elected and qualified. Thereafter, members of the board of commissioners to represent Commissioner District No. 1 and Commissioner District No. 2 shall be elected quadrenially. (2) At the November general election in 1998, members of the board of commissioners shall be elected to represent Commissioner District No. 3 and Commissioner District No. 4 for terms of four years and until their respective successors are elected and qualified. Thereafter, members of the board of commissioners to represent Commissioner District No. 3 and Commissioner District No. 4 shall be elected quadrenially.

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SECTION 2. Said Act is further amended by striking Sections 8 and 9 in their entirety and inserting in lieu thereof the following: SECTION 8. The board of commissioners shall employ a clerk and such other personnel as the board of commissioners deems necessary. All such personnel shall receive the compensation fixed by the board of commissioners which shall be paid from county funds. It shall be the duty of the clerk of the board to attend all meetings of the board of commissioners and keep complete and orderly minutes of all such meetings. He or she shall file and keep in order all original orders, papers, petitions, and applications addressed to the board of commissioners concerning county business. The clerk shall also keep on record the payment of all money out of the county treasury or county depository by order of the board of commissioners, giving the amount and date of such payments and the persons to whom paid and for what purposes paid. The clerk shall also keep a record showing a full and detailed statement of all accounts and other indebtedness contracted by the board of commissioners, as well as all funds and moneys paid over to such board. The clerk shall also serve as the budget officer for Franklin County. The clerk shall, before entering on the discharge of his or her duties, be required to give bond in the sum of $50,000.00, payable to the board of commissioners for the faithful performance of his or her duties. The clerk shall have such other authority and duties as given by the board of commissioners and shall serve at the pleasure of such board. SECTION 9. Three members of the board of commissioners shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least three members of the board. The chairperson of the board shall have full voting power in all matters, shall preside at meetings, and shall perform such duties and shall have such powers as are or may be conferred upon him or her by ordinance or resolution of the board. At each regular meeting of the board, the chairperson shall submit a report of the condition of the county affairs and make to the board such recommendations as he or she or the board may deem proper. The board of commissioners shall set such rules and policies by resolution or ordinance as may be necessary for the proper functioning of the board meetings. SECTION 3. Said Act is further amended by striking Sections 12 and 13 in their entirety and inserting in lieu thereof the following:

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SECTION 12. (a) The board of commissioners is authorized to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices and to conduct or have conducted audits of expenditures of funds appropriated by the board to such offices. (b) The board of commissioners is authorized to employ a county auditor and to designate the duties of the county auditor, who shall serve at the pleasure of the board of commissioners. SECTION 13. The board of commissioners shall have the authority to employ a competent attorney at law as county attorney to advise the board and represent the county in such matters as the board of commissioners may direct. The county attorney shall not represent any person or entity, including without limitation the Franklin County Board of Education, which may have a conflict of interest with that of Franklin County. The county attorney shall be paid such compensation as may be fixed by the board of commissioners. The county attorney shall serve at the pleasure of the board of commissioners. Whenever it is deemed necessary, the board may employ additional counsel to assist the county attorney or to serve in cases of disqualification of the county attorney. Such additional counsel shall be paid such compensation as the board of commissioners may direct out of regular funds of the county. SECTION 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. LEGAL NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an act creating a new Board of Commissioners of Franklin County, approved February 11, 1991 (Ga. L. 1991, p. 4681), as amended so as to provide for staggered terms; to provide that the chairperson of the Commission shall have the right to vote on all matters, to provide for related matters; to repeal conflicting laws; and for other purposes. This 2nd day of January, 1997. ALAN POWELL Representative, District 23
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GREEN ASHWORTH Attorneys at Law P.O. Box 60 Royston, GA 30662 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 the Representative from the 23rd District, and further deposes and says as follows: (1) That the attached 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 23, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ ALAN POWELL Representative, 23rd District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997.

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CARROLL COUNTY BOARD OF ELECTIONS; RE-CREATION. No. 462 (House Bill No. 909). AN ACT To provide for the Carroll County Board of Elections and provide that it will succeed to the powers and duties of another board of elections and of the election superintendent; to provide for the appointment and qualifications of its members; to provide for its initial and subsequent membership and terms; to provide for a chairperson; to provide for compensation of the chairperson and members of the board; to provide for powers and duties of the board; to provide for board organization and regulations; to provide for the expenditure of public funds by the board; to provide for authority; to provide for offices, supplies, and staff; to provide for authority; to require certain submissions; to provide an effective date; to provide for automatic repeal in specified circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. There is created in and for Carroll County the Carroll County Board of Elections which shall succeed to all the powers and duties of that board of elections established in and for counties having a population of not less than 45,000 and not more than 50,000, according to the 1970 United States decennial census or any future such census pursuant to an Act approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended. The Carroll County Board of Elections so created, sometimes referred to in this Act as the board, is empowered with the powers and duties of the election superintendent relating to the conduct of primaries and elections. SECTION 2. The board shall be composed of five members, each of whom shall be an elector and resident of Carroll County, and shall be appointed by the judge of the superior court of the Coweta Judicial Circuit who is a resident of Carroll County, Georgia, or in the event there shall be more than one such judge, the judge of the superior court of the Coweta Judicial Circuit who is a resident of Carroll County who has served on the bench for the longest continuous period, or in the event there is no judge of the superior court of the Coweta Judicial Circuit who is a resident of Carroll County, the chief judge of the superior court of the Coweta Judicial Circuit. The judge shall make the appointments from a list of three candidates for each of the positions of membership on the board which shall be submitted to the judge by the grand jury of Carroll County which convenes immediately prior to the expiration of the respective term of office. In appointing

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members to the board, the judge of the superior court shall make appointments so that there shall be at all times on the board a representative of each of the political parties or bodies whose candidate for Governor in the immediately preceding gubernatorial election received the two largest number of votes for the office of Governor. SECTION 3. (a) The initial members of the Carroll County Board of Elections created by this Act shall be those persons who are serving on the effective date of this Act as members of the board of elections which was created in and for counties having a population of not less than 45,000 and not more than 50,000, according to the 1970 United States decennial census or any future such census pursuant to an Act approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended. Each such member shall serve the term for which appointed under said 1974 Act. (b) Successors and future successors shall be appointed in the manner described in Section 2 of this Act and shall serve for terms of office of five years each and until their successors are duly appointed and qualified. SECTION 4. The board shall elect one of its members to serve as chairperson for a term of two years. SECTION 5. Compensation for the chairperson and members of the board shall be such as may be fixed by the governing authority of Carroll County. SECTION 6. The board shall have the following powers and duties: (1) It shall succeed to and exercise all of the duties granted to and incumbent upon the election superintendent of Carroll County pursuant to the provisions of Title 21 of the O.C.G.A., as now or hereafter amended, and any other provision of law; (2) It shall formulate, adopt, and promulgate rules and regulations consistent with law and with the rules and regulations of the state executive committee of each political party governing the conduct of primaries to the end that, insofar as practicable, all primaries shall be uniformaly conducted by the board, poll workers shall be properly trained, and voters shall be adequately informed and instructed. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 21-2-111 of the O.C.G.A., relating to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the board; and (3) It shall be responsible for the selection, appointment, and training of poll workers in elections, and such workers shall be appointed,

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insofar as practicable, from lists provided to the board by the county executive committee of each political party. SECTION 7. The board shall be authorized and empowered to organize itself, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall be in conflict with any other provision of law. SECTION 8. With the consent of the governing authority of Carroll County, the board shall be authorized to expend public funds for the purpose of distributing sample ballots, voter information booklets, and other material designed to inform and instruct adequately electors of the county with regard to elections. SECTION 9. The governing authority of Carroll County shall provide the board with such proper and suitable offices and with such clerical assistants and other employees as the governing authority shall deem appropriate. SECTION 10. This Act is enacted pursuant to the authority granted by Code Section 21-2-40 of the O.C.G.A. to create boards of election and registration by local Act. SECTION 11. It shall be the duty of the governing authority of Carroll County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, to the United States Attorney General for approval. SECTION 12. This Act shall become effective on January 1, 1998, but only if an Act repealing an Act creating a board of elections in counties having a population of not less than 45,000 and not more than 50,000, according to the 1970 United States decennial census or any future such census, approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended, becomes effective on January 1, 1998. Otherwise, this Act shall stand repealed on January 1, 1998, and shall be void and of no effect. SECTION 13. All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to repeal an Act creating a board of elections in certain counties, approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 1212) which made such Act applicable to each county having a population of not less than 71,400 and not more than 71,500 and to provide for a board of elections of Carroll County, to provide for its members and their qualifications terms of office, and compensation to provide for a chairperson to provide for the board's powers and duties, to provide that such board shall succeed to the powers and duties of the board created by the Act approved March 28, 1974 (Ga. L. 1974, p. 3556), as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. This 14th day of February, 1997 s/Tracy Stallings Honorable Tracy Stallings Representative, 100th District 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 the Representative from the 100th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Georgian, which is the official organ of Carroll County, on the following date: February 15, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a

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municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TRACY STALLINGS Representative, 100th District Sworn to and subscribed before me, this 4th day of March, 1997. s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. COBB JUDICIAL CIRCUIT DISTRICT ATTORNEY; INVESTIGATORS; ASSISTANT DISTRICT ATTORNEYS. No. 463 (House Bill No. 917). AN ACT To amend an Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4821), an Act approved March 27, 1995 (Ga. L. 1995, p. 3619), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4138), so as to change the provisions relative to the number of investigators and their compensation, and the number of assistant district attorneys; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Cobb Judicial Circuit, approved February 19, 1951 (Ga. L. 1951, p. 184), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4821), an Act approved March 27, 1995 (Ga. L. 1995, p. 3619), and an Act approved April 5, 1995 (Ga. L. 1995, p. 4138), is amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A to read as follows:

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SECTION 4A Said district attorney is authorized to appoint investigators for the Cobb Judicial Circuit to serve at the pleasure of said district attorney and to perform generally such duties as may be assigned by said district attorney. Beginning January 1, 1998, the appointment of 11 investigators is authorized; beginning October 1, 1998, the appointment of 12 investigators is authorized. They shall have the same power as a sheriff to make arrests, to execute and return all criminal warrants and processes, and to serve as peace officers; and they shall be subpoena clerks in the superior court for the purpose of summoning witnesses before the grand jury. One of the investigators shall be designated the chief investigator, and his or her duties shall include supervision of the remaining investigators and such other duties as may be assigned by the district attorney. Beginning on January 1, 1998, the chief investigator shall receive as compensation for the performance of such duties a sum of not more than $61,927.00 per annum, the exact amount to be determined by the district attorney. Beginning October 1, 1998, the maximum annual compensation authorized for the chief investigator shall be $64,404.08. The compensation shall be paid in equal monthly installments from the general funds of Cobb County, Georgia. Beginning January 1, 1998, the remaining investigators shall receive as compensation for the performance of such duties a sum of not more than $45,037.82 per annum, the exact amount to be determined by the district attorney. Beginning October 1, 1998, the maximum annual compensation for such investigators shall be $46,839.33. The compensation shall be paid in equal monthly installments from the general funds of Cobb County. SECTION 2. Said Act is further amended in Section 4B by striking the following sentence: The district attorney is authorized to appoint, in addition to those assistant district attorneys otherwise provided by law, 15 full-time or part-time assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his or her duties., and inserting in lieu thereof the following: The district attorney is authorized to appoint assistant district attorneys who shall serve at the pleasure of the district attorney and who shall assist the district attorney in the performance of his or her duties. In addition to those assistant district attorneys otherwise provided by law, beginning on January 1, 1998, the appointment of 17 full-time or part-time district attorneys is authorized; and beginning October 1, 1998, the appointment of 18 full-time or part-time district attorneys is authorized.

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SECTION 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1997 session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Judicial Circuit approved February 10, 1961 (Ga. L. 1961, p. 184), as amended; and for other purposes. This 27 day of December, 1996. Cobb County Legislative 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 the Representative from the 34th District, and further deposes and says as follows: (1) That the attached 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 27, 1996. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area

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proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ JOHN J. WILES Representative, 34th District Sworn to and subscribed before me, this 3rd day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. DOUGLASVILLE CONVENTION AND CONFERENCE CENTER AUTHORITY CREATION. No. 464 (House Bill No. 920). AN ACT To create the Douglasville Convention and Conference Center Authority; to provide for legislative findings and purpose; to confer powers and impose duties on the Authority; to provide for the membership and the nomination and 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 provide for Authority property; 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, regulations, and flag display; to provide for tort immunity; to provide for covenants and tax exemptions; to provide for supplemental powers; to provide for effect on other governments; to provide for liberal construction; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Legislative finding. It is declared that there exists in the Douglasville area a need for an authority to function without profit in developing and promoting for the

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public good in this state the cultural growth, public welfare, education, and recreation of the people of this state. SECTION 2. Authority created. (a) There is created a body corporate and politic to be known as the Douglasville Convention and Conference Center Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style, and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (b) Without limiting the generality of any provisions of this Act, the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining, and poerating one or more projects consisting of convention and conference center facilities to be used for conventions, conferences, athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly or indirectly through concessions, licenses, leases, or otherwise, and parking facilities or parking areas in connection therewith; for acquiring, constructing, equipping, maintaining, and operating recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings and the usual and convenient facilities appertaining to such undertakings; the extension and improvements of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract for the use of, or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient, and desirable for and incident to the efficient and proper development of such types of undertakings. SECTION 3. Membership; organization. (a) The Authority shall consist of seven members who shall serve as members of Posts 1, 2, 3, 4, 5, 6, or 7, respectively. The council of the City of Douglasville shall nominate three persons for each post and provide the names of those nominees to the mayor of said city who shall appoint one of such nominees to each such post. At least two of such members shall represent the hotel and motel industry in Douglas County. (b) Except for the initial members of the Authority, all subsequent members of the Authority shall serve for a term of five years or until their

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successors are selected and qualified. The terms of the initial members of the Authority shall expire as follows: Post 1 June 1, 1998 2 June 1, 1998 3 June 1, 1999 4 June 1, 1999 5 June 1, 2000 6 June 1, 2000 7 June 1, 2000 (c) Vacancies on the Authority shall be filled in the same manner described in subsection (a) of this section. The appointment of any person to fill an expired term shall be only for the remainder of such term and until a successor is appointed and qualified. (d) The mayor and council of the City of Douglasville shall proceed to select the members of the Authority immediately after the effective date of this Act. (e) The members shall organize and enter upon the performance of their duties. (f) The Authority shall elect one of its members as chair and another as vice chair and shall elect a secretary-treasurer, who may, but need not necessarily, be a member of the Authority. (g) Four members of the Authority shall constitute a quorum, and no vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority at every meeting, and in every instance a majority vote shall authorize any legal act of the Authority, including all things necessary to authorize and issue revenue bonds. (h) If at any time, by reason of common disaster, or by reason of the failure of the members of the Authority appointed pursuant to this Act to accept their appointment, or for any other reason, there shall not be sufficient members of the Authority willing and able to meet and constitute a quorum, any resident of the State of Georgia may file in the office of the clerk of the Superior Court of Douglas County a petition directed to the Superior Court of Douglas County against the Authority setting forth that there are not sufficient members of the Authority willing and able to meet and constitute a quorum, and setting forth the reason or reasons therefor and showing the necessity of having a suficient number of members of the Authority appointed in order that a quorum may be available, and shall obtain from the judge of the said court an order requiring the Authority to show cause at such time and place, either in term or chambers, within 20

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days of the filing of the petition, as the judge may direct, why the said judge should not appoint sufficient members to the Authority to enable the Authority to obtain a quorum. In the event there is no officer or agent of the Authority upon whom service may be made, and the court shall so find, the cause shall proceed to be heard ex parte. At the time designated for the hearing of said cause, the judge of said court shall proceed to hear and determine all questions of law and of fact in said cause and shall render judgment thereon and, in the event said judgment shall find that a necessity exists for the making of such appointment or appointments, such judge shall then make such appointment or appointments either for the remainder of an unexpired term or terms or for such new term or terms as may not have been filled and shall include such appointment or appointments in said judgment, and, if the petitioning party or parties shall be dissatisfied with said judgment, the petitioning party or parties may except thereto within 20 days from the date of the judgment, and said judgment shall be reviewable as are other final judgments of the court. (i) 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 properly incurred in the performance of their duties. The Authority shall make rules and regulations for its own government and may retain, employ, and engage professional and technical supervisors, assistants, experts, 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 all expenditures of every kind. The Authority shall have perpetual existence. SECTION 4. Public purposes and 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 this state, and that the Authority is an institution of purely public charity, and that all property of said Authority is declared and shall in all respects be considered to be public property and title to such property shall be held by the Authority only for the benefit of the public, 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, that is, for the promotion of the public general welfare in matters of cultural development, education, pleasure, and recreation of the public at large, in an effort to better the general condition of society, or that considerable part of society residing in the Douglasville area, which promotion is declared to be a public beneficence for the good of humanity and for the general improvement and happiness of society, and all the property, income, obligations, and interest on the obligations of the Authority and

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the transfer thereof shall be and are declared to be nontaxable for any and all purposes. SECTION 5. Definitions. As used in this Act, the term: (1) Authority means the Douglasville Convention and Conference Center Authority created by this Act. (2) Cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements, and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing authorized in this Act, or 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 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 convention and conference center facilities to be used for athletic contests, games, meetings, trade fairs, expositions, political conventions, agricultural events, theatrical and musical performances, conventions, and other public entertainments, and the usual facilities related thereto, including, without limitation, refreshment stands and restaurants, and facilities for the purveying of foods, beverages, publications, souvenirs, novelties, and goods of all kinds, whether operated or purveyed directly, or indirectly through concessions, licenses, leases, or otherwise, parking facilities or parking areas in connection therewith, recreational centers and areas including, but not limited to, gymnasium and athletic facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and the extension and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and the lease, sale, and licensing of any part or all of such facilities, including real and personal property, to any persons, firms, or corporations whether public or private so as to assure the efficient and proper development, maintenance, and operation of such facilities and areas, deemed by the Authority to be necessary, convenient, or desirable. The Authority shall have the right to acquire and construct more than one project and any combination of facilities may be constructed as a separate project.

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(4) Revenue bonds, bonds, and obligations means revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and, in addition, shall also mean obligations of the Authority, the issuance of which are specifically provided for in this Act. (5) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased, and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. SECTION 6. Powers. The Authority shall have powers: (1) To adopt and alter a corporate seal; (2) To acquire by gift or by purchase on such terms and conditions and in such manner as it may deem proper or by exercise of the right of eminent domain in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, lands, easements, or rights in lands, or franchises necessary or convenient for its corporate purposes and to use, rent, or lease the same or make contracts with respect to the use thereof, or to dispose of the same in any manner it deems to the best advantage of the Authority and the purposes thereof. Title to such property, however, shall be held by the Authority only for the benefit of the public; (3) To receive and administer gifts, grants, loans, appropriations, and donations of money or materials or property of any kind, including loans and grants from the United States of America or any agency or instrumentality thereof upon such terms and conditions as the United States of America or such agency or instrumentality thereof shall impose, and to administer trusts, and to sell, lease, transfer, convey, appropriate, pledge, mortgage, or encumber all of its property and assets; (4) To borrow money and issue notes or revenue bonds payable from the earnings of the projects of the Authority, execute trust agreements or indentures, and sell, convey, mortgage, pledge, encumber, and assign any and all of its funds, assets, property, and income as security for such notes or revenue bonds, and to provide for the payment of the same and for the rights of the holders thereof, and provide for foreclosure or forced sale of any property of the Authority upon

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default either in payment of principal of or interest on such obligations or under any term of or condition pursuant to which such obligations were issued; (5) To make contracts and leases and to execute all instruments necessary or convenient, with any and all persons, firms, and corporations and any city, town, municipality, consolidated government, county, or other political subdivision, or departments, institutions, or agencies of this state, including contracts for construction of any project and leasing of any project and contracts with respect to the use and management of any project, and any and all persons, firms, and corporations and any city, town, municipality, consolidated government, county, or other political subdivision, department, institution, or agency of this state is authorized to enter into contracts, leases, or agreements with the Authority upon such terms and for such purposes as they deem advisable; (6) To construct, reconstruct, acquire, own, alter, repair, maintain, add to, extend, improve, operate, and manage projects, including the erection of a building or buildings, which shall be and are declared to be public buildings to be used for convention and conference center purposes or educational purposes, or a combination thereof, and for fairs, expositions, or exhibitions in connection therewith, and the purchase of lands, easements, rights in lands, and franchises for the construction of such facility or facilities and for use in connection therewith; the cost of any such project to be paid in whole or in part from the proceeds of the sale of revenue bonds of the Authority, and the title to such property to be held by the Authority only for the benefit of the public; (7) To issue revenue bonds in such amounts and denominations during the life of the Authority so as to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, addition to, or extension of such project as the Authority in its judgment may deem just, proper, and necessary. All revenue bonds issued pursuant to the provisions of this Act shall be fully negotiable instruments and shall have all the qualities and incidents of negotiable instruments under the negotiable instruments law of Georgia; (8) To issue revenue bonds to call, refund, or refinance, in whole or in part, all outstanding revenue bonds secured by the anticipated revenue of such project and to include in the cost of the issuance of such bonds any call premium that may be required for the redemption and refunding of such outstanding bonds; (9) To do any and all things necessary or proper for the accomplishment of the objectives of this Act and any amendments hereof 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

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(10) To invest any accumulation of its funds and any sinking funds or reserves in any manner that public funds of the State of Georgia or any of its political subdivisions may be invested and to purchase its own bonds at a price of not more than the principal thereof and accrued interest. All bonds so purchased shall be canceled. SECTION 7. Revenue bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created in this Act, shall have the power and is authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority, for the purpose of paying all or 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 from date at such rate or rates per annum payable at such time or times as shall be determined by the Authority, principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of bonds. SECTION 8. Revenue bonds; form; denominations; registration; place of payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds, and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the Authority may determine. Provisions may be made for the registration of any coupon bond as to principal alone and also as to both the principal and interest. SECTION 9. Revenue bonds; signatures; seal. The bonds shall be signed by the chair of the Authority manually or by use of the facsimile signature of the chair and the official seal of the Authority shall be affixed thereto and attested by the secretary-treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the chair and secretary-treasurer of the Authority. Any

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coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any 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. SECTION 10. 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 such bonds and the interest thereon shall be exempt from all taxation within the state. SECTION 11. Revenue bonds; sale; proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interests of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. SECTION 12. Revenue bonds; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons, which interim receipts, certificates, or temporary bonds shall be exchanged, redeemed, paid or otherwise discharged upon the issuance of the definitive bonds. SECTION 13. Revenue bonds; replacement of lost or mutilated bonds. The Authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost.

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SECTION 14. Revenue bonds; conditions precedent to issuance; object of issuance. Such revenue bonds may be issued without any other proceedings, or the happening of any conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. In the discretion of the Authority, revenue bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. SECTION 15. Revenue bonds; credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, the County of Douglas, or the City of Douglasville nor a pledge of the faith and credit of said state, county, or city, but such bonds shall be payable solely from the funds provided for in this Act, and the issuance of such revenue bonds shall not directly, indirectly, or contingently obligate said state, county, or city to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall continue recitals on their face covering substantially the foregoing provisions of this section. SECTION 16. Revenue bonds; trust indenture as security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. 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, and the construction of the project, the maintenance, operation, repair, and insurance of the project, and the custody, safeguarding, and application of all moneys, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any

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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 pari passu with the revenue bonds initially issued pursuant to such resolution or trust indenture. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such 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 as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing provisions of this section, such trust indenture or resolution may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture or resolution may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. SECTION 17. Revenue bonds; to whom proceeds shall be paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank, or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolution or trust indenture may provide. SECTION 18. Revenue bonds; sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, 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 indenture may provide, and such funds so pledged, from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of: (1) The interest upon such revenue bonds as such interest shall fall due; (2) The principal of the bonds as the same shall fall due;

Page 4610

(3) The necessary charges of paying agents for paying principal and interest; (4) Any premium upon bonds acquired by redemption, payment, or otherwise; and (5) Any investment fees or charges. The use and disposition of such sinking 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 in the trust indenture, surplus moneys in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be canceled and shall not be reissued, printed, and delivered. SECTION 19. Revenue bonds; remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent 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. Revenue bonds; 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 accured interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. SECTION 21. Revenue bonds; 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

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Court of Douglas 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. Revenue bonds; validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, as now or hereafter amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with the Authority for services and facilities of the project for which bonds are to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision, or instrumentality contracting with the Authority. SECTION 23. Revenue bonds; interest of bondholders protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties, or existence of said Authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority will be created which will compete with the Authority to such an extent as to affect adversely the rights and interests of the holders of such bonds, nor will the state itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds and upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. SECTION 24. Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, interim receipts and certificates or temporary bonds, as grants or other contributions, or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held

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and applied solely as provided in this Act and in accordance with the proceedings authorizing the issuance of such bonds. SECTION 25. Moneys received; exemption from taxation; covenant of state. It is found, determined, and declared that the creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this state and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this state convenants with the holders of the bonds issued by the Authority 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 fees, tolls, or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the state. The exemption from taxation provided in this section shall not extend to tenants nor 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 26. Rates, charges, and revenues; use. The Authority is authorized to prescribe and fix and collect rates, fees, tolls, and charges and to revise from time to time and collect such rates, fees, tolls, and charges for the services, facilities, or commodities furnished, including leases, concessions, or subleases of its land or facilities, or contracts for the use of its land and facilities, and to determine the price and terms at and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, is authorized to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment, or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments, or extensions thereto, thereafter made or the sale of any of its land and facilities. SECTION 27. Rules and regulations for operation of projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions

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of this Act. The state flag of Georgia shall be flown during daylight hours in front of any convention and conference center facility which is a project of the Authority. SECTION 28. Tort immunity. The Authority shall have the same immunity and exemption from liability for torts and negligence as the City of Douglasville; 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 Douglasville when in the performance of their public duties or work. SECTION 29. Statutory construction. This Act, being for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this Act. SECTION 30. Supplemental powers. 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. SECTION 31. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part of this Act. The General Assembly declares that it would have passed the remaining parts of this Act if it had known that such part or parts of this Act would be declared or adjudged invalid or unconstitutional. SECTION 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.

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LEGAL NOTICE: NOTICE OF INTENTION TO APPLY FOR LOCAL LEGISLATION Notice is hereby given that application will be made to the January, 1997 session of the General Assembly for the passage of an act creating a Douglasville Convention and Conference Center Authority, to provide for its purposes, scope, powers, revenues and limitations, and for the designation of its governing commission; and for other purposes. Any matter germane to this general subject may be included in other legislation or amendments thereto. This 25th day of February, 1997. Bob Snelling Representative 99th District. 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 the Representative from the 99th District, and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of Douglas County, on the following date: February 27, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ BOB SNELLING Representative, 99th District Sworn to and subscribed before me, this 5th day of March, 1997.
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s/ Susan Gordon Notary Public, Cobb County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. IRWIN COUNTY BOARD OF COMMISSIONERS; TERMS. No. 465 (House Bill No. 922). AN ACT To amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved March 25. 1996 (Ga. L. 1996, p. 3611), so as to provide for staggered elections for the chairperson and members of the board; 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, particularly by an Act approved March 25. 1996 (Ga. L. 1996, p. 3611), is amended by striking Section 2 and inserting in its place a new Section 2 to read as follows: SECTION 2. The first chairperson and members of the board of commissioners elected under this Act shall be elected at the 2000 general election which shall be conducted on the Tuesday next following the first Monday in November, 2000. The chairperson and those members of the board elected thereto from Commissioner District 1 and 3 in 2000 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2004, and upon the election and qualification of their respective successors. Those members of the board elected thereto from Commissioner Districts 2 and 4 in 2000 shall take office the first day of January immediately following that 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

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office of four years. The chairperson 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. 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 3. This Act shall become effective on January 1, 1998. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the Regular 1997 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 of the Chairman of the County Commissioners shall be determined and set by the Commission; and for other purposes. This 30th day of December, 1996. Thomas E. Pujadas County Attorney GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Newt Hudson, who on oath deposes and says that he is the Representative from the 156th District, and further deposes and says as follows: (1) That the attached 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 8, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14.

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_ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county, municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ NEWT HUDSON Representative, 156th District Sworn to and subscribed before me, this 5th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997. CHATTOOGA COUNTY HOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 466 (House Bill No. 1009). AN ACT To provide a $40,000.00 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:

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(1) Gross income means gross income, as defined by Georgia law, 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. (4) Senior citizen means a person who is 70 years of age or older on or before January 1 of the year in which an application for the exemption under this Act is made. SECTION 2. Each resident of the Chattooga County School District who is a senior citizen is granted an exemption on that person's homestead from Chattooga County School District ad valorem taxes in the amount of $40,000.00 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.

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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, 1998. SECTION 9. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Chattooga County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Chattooga County School District for approval or rejection. The election superintendent shall conduct that election at the time of the first county-wide election conducted after the effective date of this Act or on the Tuesday after the first Monday in November, 1997, whichever date is sooner, 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 Chattooga County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a $40,000.00 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. (a) Sections 1 through 8 of this Act shall become effective on the date and in the manner specified in Section 8 of this Act. (b) Section 9, this section, and Section 11 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such

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approval; provided, however, that unless a bill repealing or otherwise amending Code Section 1-3-4.1 of the Official Code of Georgia Annotated, relating to effective dates of Acts providing increases in expenditures by or loss of revenue to counties and municipalities, so as to permit the provisions of such Acts which are necessary to conduct referenda or special elections to become effective prior to the first day of January following passage of the Act is passed, becomes law, and becomes effective on or before March 1, 1997, this Act shall be void and shall be automatically repealed on March 2, 1997. 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 1997 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 4th day of February, 1997. Honorable Tim Perry, Representative 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 that he is the Representative from the 11th District, and further deposes and says as follows: (1) That the attached 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 6, 1997. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: _ A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality, or consolidated government whose charter or enabling Act is amended, as required by subsection (b) of Code Section 28-1-14. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill was requested by resolution or other written notification of the governing authority of the affected county,

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municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill does not amend the charter of a municipality or the enabling Act of a county or consolidated government or the bill affects a local school system. _ The notice requirement of subsection (b) of Code Section 28-1-14 does not apply because the bill is an annexation bill and a copy of the bill was provided to the county governing authority within which the area proposed to be annexed is located at the time the notice was published, as required by Code Section 28-1-14.1. s/ TIM PERRY Representative, 11th District Sworn to and subscribed before me, this 13th day of March, 1997. s/ Teresa Adkins Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 29, 1997.

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HOME RULE ORDINANCES OF COUNTIES AND CONSOLIDATED GOVERNMENTS

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ROCKDALE COUNTY BOARDS OF COMMISSIONERS; CHAIRMAN; PURCHASES. ORDINANCE 1996-4 AN ACT TO CREATE A BOARD OF COMMISSIONERS OF ROCKDALE COUNTY; TO PROVIDE FOR THE MEMBERSHIP OF SAID BOARD; TO PROVIDE FOR THE ELECTION, QUALIFICATION, TERMS, POWERS, COMPENSATION AND DUTIES OF THE CHAIRMAN AND OTHER MEMBERS OF SAID BOARD; TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID BOARD OF COMMISSIONERS AND RELATIVE TO THE GOVERNMENT OF ROCKDALE COUNTY BY SAID BOARD: TO PROVIDE FOR ALL MATTERS RELATIVE TO THE FOREGOING: TO PROVIDE FOR A REFERENDUM: TO PROVIDE FOR EFFECTIVE DATES; AND FOR OTHER PURPOSES (GA.L. 1977, P.2817); AS AMENDED. BE IT ORDAINED by the Board of Commissioners of Rockdale County, Georgia and it is hereby ordained by authority of same as follows: SECTION I Pursuant to the County Home Rule authority under the Georgia Constitution (Article IX, Section II; Ga. Code Ann. Ch. 2-59), the Board of Commissioners hereby amends an Act of the General Assembly, (Ga. L. 1977, P. 2817), entitled as follows: AN ACT TO CREATE A BOARD OF COMMISSIONERS OF ROCKDALE COUNTY; TO PROVIDE FOR THE MEMBERSHIP OF SAID BOARD; TO PROVIDE FOR THE ELECTION, QUALIFICATION, TERMS, POWERS, COMPENSATION AND DUTIES OF THE CHAIRMAN AND OTHER MEMBERS OF SAID BOARD; TO PROVIDE FOR OTHER MATTERS RELATIVE TO SAID BOARD OF COMMISSIONERS AND RELATIVE TO THE GOVERNMENT OF ROCKDALE COUNTY BY SAID BOARD: TO PROVIDE FOR ALL MATTERS RELATIVE TO THE FOREGOING: TO PROVIDE FOR A REFERENDUM: TO PROVIDE FOR EFFECTIVE DATES; AND FOR OTHER PURPOSES (GA. L. 1977, P.2817); AS AMENDED. Section 1A(6) of said act is hereby amended by deleting said section in its entirety and substituting therefore the following: Section 1A(6) Expenditure shall mean the disbursement of any funds from any account under the budgetary control of the board of commissioners. Other than expenditures from bank accounts which may be established for the various elected county officials, all expenditures from county funds shall be authorized by or bear the authorized signature of the chairman and the director of finance or others in their absence as may be defined and provided for by the board of commissioners. Except for purchases of two thousand five hundred dollars ($2,500.00) or less and payroll expenditures,

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no expenditure shall be authorized by the chairman except with the prior specific approval of the board of commissioners where required by this act or with at least the informal advance approval of one (1) other member of the board of commissioners or by designees thereof. Section 10 of said act is hereby amended by deleting said section in its entirety and substituting therefore the following: Section 10 (a) The chairman shall be the chief executive officer of the county government and shall generally supervise, direct and control the administration or the affairs of the county pursuant only to the powers herein specifically conferred upon him and pursuant to the adopted resolutions of the board of commissioners in regard to matters reserved to the exclusive jurisdiction of the board of commissioners. (b) The chairman shall preside over meetings of the board of commissioners; provided that a vice-chairman appointed by said board from among its members shall preside in the chairman's absence. (c) The chairman, consistent with resolutions of the board of commissioners, shall establish rules and regulate purchasing services for all county department, offices and agencies, including all such services for all elected county officials. (d) The chairman shall be authorized to make purchases for the county in amounts not exceeding two thousand five hundred dollars ($2,500.00). Section 11(b)18 of said act is hereby amended by deleting said section in its entirety and substituting therefore the following: Section 11(b)18 To make purchases of not more than ten thousand dollars ($10,000.00) which, in the discretion of its members, are deemed necessary for the operation of the county. Section 11(b)19 of said act is hereby amended by deleting said section in its entirety and substituting therefore the following: Section 11(b)19 To make purchases, not involving public works projects, including building or repairing any courthouse, jail, bridge, causeway or other public works projects, in amounts often thousand dollars ($10,000.00) or more; provided, however, that for any purchases in such amounts, advertisements for bids shall first be published once a week for two consecutive weeks in the official organ of Rockdale County. Formal sealed bids, after said advertising has been published, must be obtained on all purchases of ten thousand dollars ($10,000.00) or more. The purchase shall be made from the lowest responsible bidder taking into consideration the quality of the articles to be supplied and conformity with the specifications, the purposes for which said articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery. Advertisement and obtaining of formal bids may be dispensed with when, in the discretion of the board of commissioners,

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an emergency exists which will not permit a delay; provided, however, that any contract let pursuant to such an exemption because of an emergency shall be entered, as soon as practicable, on the minutes of the board of commissioners, and the nature of the emergency shall be described therein. All such bids may be rejected by said board and new bids may be sought in the manner provided for bids above. Said board may negotiate for a lower price with all bidders after initially rejecting same but shall accept the lowest negotiated price from such initial bidders. Purchases in excess of twenty thousand ($20,000.00) or more for public works projects, including building or repairing any courthouse, jail, bridge, causeway or other public works projects shall be consistent with O.C.G.A. 36-10 thru 36-10-5. All public works projects costing in excess of twenty thousand ($20,000.00) shall be legally advertised once a week for four weeks, posted at the courthouse, and letting out the contract therefore to the lowest responsible bidder, at public outcry, before the courthouse door. These requirements shall not apply to public works projects necessitated by an emergency. Any contract let for emergency purposes shall be entered on the minutes of the governing authority, as soon as practicable, and the nature of the emergency shall be described therein. SECTION II This ordinance shall become effective on the second and final adoption as provided by law. SECTION III All ordinances, or the Act or portions of the Act, or parts thereof, in conflict herewith are hereby repealed. First adopted this 14 day of May 1996. Second adopted 28 day of May 1996. BOARD OF COMMISSIONERS RANDOLPH W. POYNTER, CHAIRMAN BUD SOSEBEE, COMMISSIONER NORMAN WHEELER, COMMISSIONER Attest: Sara Alexander Ex Officio Clerk John Nix County Attorney Publicly advertised 4-18-96 4-25-96 5-2-96

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AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF ROCKDALE Personally appeared before the undersigned KIMBERLY P. WRIGHT who on oath says that she is LEGAL CLERK of The Rockdale Citizen, and that the attached advertisement was published in said newspaper on the following dates: April 18, 25, May 2, 1996. Kimberly P. Wright Sworn to and subscribed before me this 28th day of May, 1996. Saundra Womack Notary Public, Rockdale County, Georgia My Commission Expires Dec, 5, 1998 LEGAL HOME RULE AMENDMENT Please take notice that pursuant Home Rule Authority under the Georgia Constitution Article IX, Sec. II, the Rockdale County Board of Commissioners has before it a proposal to amend House Bill 610, Ga. Laws 1977, Section 10 Duties, Powers, Limitations of the Chairman and Section II (b) (19), Duties, Powers, Limitations of the Board of Commissioners, changes to the limits of purchasing power, to repeal conflicting laws and for other purposes. The proposed amendment is on file in the office of the Clerk of the Superior Court of Rockdale County for the purpose of examination and inspection by the public. The Clerk of the Superior Court will furnish anyone, upon written request, a copy of the proposed amendment. This Notice is intended as only a synopsis of the proposed amendment. Your attention is invited to the complete copy of file in the Rockdale County Clerk of Superior Court office, Room 204, Rockdale County Courthouse. Jean F. Hambrick Chief Administrative Assistant Board of Commissioners 3tcA18,25,M2thu Filed in the Office of the Secretary of State June 3, 1996. DEKALB COUNTY DEKALB COUNTY PENSION BOARD; COMPUTATION OF BENEFITS. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAW 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR COMPUTATION OF BENEFITS AND FOR OTHER PURPOSES.

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Be it ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: I. By amending Section 8 (a) (5) (codified as Section 908 (a) (5)) of the Act by adding the following language to said section: Effective for retirement dates after final adoption of this ordinance, accumulated sick leave at the time of retirement shall be credited at the rate of twenty one and one half (21 1/2) days for one-twelfth's year's service. II. By amending Section 8(b) (3) (codified as Section 908(b) (3)) of the Act by adding the following language to said section: A participant who has attained age fifty (50) and less than age fifty five (55), and who has completed at least twenty five (25) years of service, and who retires with an early retirement date between September 1, 1996 and November 1, 1996 (inclusive) shall receive an immediate monthly retirement benefit which shall be an amount computed and payable in accordance with sub-section 3.B. of this section 8, with no deduction for each complete month by which the date the benefit commences precedes the normal retirement date of the participant. III. All laws or parts of laws in conflict with this ordinance are hereby repealed. IV. 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 full force and effect as if separately adopted. V. This ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular, consecutive meetings

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of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public. VI. This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 14th day of May, 1996, and again on the 30th day of May, 1996 at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VII. A copy of this ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public along with sufficient copies of same for distribution to those members of the public. VIII. The provisions of this ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 30th day of May, 1996. Judy Yates Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 30th day of May, 1996. Liane Levetan Chief Executive Officer DeKalb County, Georgia ATTEST: Michael J. Bell, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia APPROVED: Joan Roach, Chief Asst. CA Jonathan Weintraub DeKalb County Attorney

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STATE OF GEORGIA COUNTY OF DEKALB I, MICHAEL J. BELL, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on May 14, 1996 and on May 30, 1996 (moved from May 28, 1996). This 6th day of June, 1996. Michael J. Bell, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia Sworn to and subscribed before me this 6th day of June, 1996. 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: Public Notices Pension Board 5/14 all copy/copies of which are attached hereto and were published in said newspaper on the following date(s): 05/02/96, 05/09/96, 05/16/96 Gerald W. Crane, Publisher By Samme Johnson Agent Sworn to and subscribed before me this May 16, 1996 Notary Public Sworn to and subscribed before me this May 16, 1996 Scott Higgins Notary Public, Clayton County, Georgia My Commission Expires May 3, 1997. (Seal)

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PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on May 14, 1996, and May 28, 1996, will consider an ordinance to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, pg. 3088, as amended, so as to further amend said act to provide for credit for accumulated sick leave and a temporary incentive for early retirement, and for other purposes. The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordiance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of DeKalb Superior Court, DeKalb County Court house, Decatur, Georgia for public examination and inspection and that copies of said ordinance are available from the Clerk for interested members of the public. This 25th day of April, 1996. Liane Levetan Chief Executive Officer DeKalb County, Georgia A32-a5592,5/2-5/16 Filed in the Office of the Secretary of State June 18, 1996. AUGUSTA-RICHMOND COUNTY CITY COUNCIL OF AUGUSTA 1949 GENERAL RETIREMENT FUND. ORDINANCE NO. 5863 AN ORDINANCE TO AMEND THE CITY COUNCIL OF AUGUSTA 1949 GENERAL RETIREMENT FUND (GA. L. 1949, p. 1070, AS AMENDED BY GA. L. 1966, p. 3351; GA. L. 1968, p. 2457; GA. L. 1971, p. 3796; GA. L. 1975, p. 2936; GA. L. 1980, p. 3198; GA. L. 1981, p. 4373; ORDINANCE NO. 5245, MARCH 18, 1985; ORDINANCE NO. 5330, APRIL 7, 1986; ORDINANCE NO. 5331, APRIL 7, 1986; ORDINANCE NO. 5397, FEBRUARY 16, 1987; ORDINANCE NO. 5398, FEBRUARY 16, 1987; ORDINANCE NO. 5457, DECEMBER 7, 1987; ORDINANCE NO. 5458, DECEMBER 21, 1987; GA. L. 1988, p. 5224; GA. L. 1988, p. 5425; GA. L. 1988, p. 5428; GA. L. 1989, p. 5268; GA. L. 1990, p. 5386; ORDINANCE NO. 5700, JUNE 21, 1993; GA. L. 1994, p. 5276; ORDINANCE NO. 5776, APRIL 17, 1995), ENACTED PURSUANT TO THE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED WHICH PROVIDE FOR HOME RULE BY MUNICIPALITIES AND PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA WHICH PROVIDE FOR HOME RULE BY COUNTIES, SO AS TO SUBSTITUTE THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL FOR THE CITY COUNCIL OF AUGUSTA FOR ALL REFERENCES TO THE CITY COUNCIL IN SAID PLAN; TO RESTATE THAT SECTION OF THE PLAN ENTITLED ADMINISTRATION AND INVESTMENT OF GENERAL RETIREMENT FUND; PENSION FUND INVESTMENT COMMITTEE; APPLICATIONS FOR RETIREMENT OR RETURN OF CONTRIBUTIONS; TO AMEND SAID SECTION TO CHANGE THE COMPOSITION OF THE PENSION FUND COMMITTEE AND THE PENSION FUND INVESTMENT COMMITTEE; TO RESTATE THE PARAGRAPHS EXCLUDED EMPLOYEES AND OFFICERS; PARTICIPATING EMPLOYEES; RETIREMENT FUND GENERALLY OF SECTION II OF THE PLAN; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

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BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS: Section 1. The City Council of Augusta 1949 General Retirement Fund (Ga. L. 1949, p. 1070, as amended by Ga. L. 1966, p. 3351; Ga. L. 1968, p. 2457; Ga. L. 1971, p. 3796; Ga. L. 1975, p. 2936; Ga. L. 1980, p. 3198; Ga. L. 1981, p. 4373; Ordinance No. 5245, March 18, 1985; Ordinance No. 5330, April 7, 1986; Ordinance No. 5331, April 7, 1986; Ordinance No. 5397, February 16, 1987; Ordinance No. 5398, February 16, 1987; Ordinance No. 5457, December 7, 1987; Ordinance No. 5458, December 21, 1987; Ga. L. 1988, p. 5224; Ga. L. 1988, p. 5425; Ga. L. 1988, p. 5428; Ga. L. 1989, p. 5268; Ga. L. 1990, p. 5386; Ordinance No. 5700, June 21, 1993; Ga. L. 1994, p. 5276; Ordinance No. 5776, April 17, 1995) is hereby amended by substituting the Augusta-Richmond County Commission-Council for the City Council of Augusta for each and every reference to the City Council of Augusta in said Act. Section 2. The City Council of Augusta 1949 General Retirement Fund (Ga. L. 1949; p. 1070, as amended), is hereby restated and amended by changing the membership of the pension fund investment committee and the pension committee to be the members of the Augusta-Richmond

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County Commission-Council, so that Section III of said 1949 plan, as restated and amended, shall read as follows: Section III. Administration and investment of general retirement fund; pension fund investment committee; applications for retirement or return of contributions. The general retirement fund shall be kept in a separate account and a separate permanent record shall be kept by the comptroller of such fund and of the contributions of each employee thereto. No warrant shall be drawn upon such fund except as provided in this division. The comptroller shall be the custodian of such fund and shall deposit the same in a bank or banks, and, pursuant to the direction of the pension fund investment committee, which committee shall consist of the members of the Augusta-Richmond County Commission-Council, shall invest and reinvest, from time to time, any portion thereof not immediately needed for the payment of pensions, in securities approved by law for the investment of trust funds; and, in such securities other than those specifically approved by law for the investment of trust funds, as the pension fund investment committee shall deem proper, from time to time; provided, however, that the amount of the pension fund which may be invested in such securities other than those specifically approved by law for the investment of trust funds may not exceed fifty percent (50%) of the total amount of such fund then outstanding; and in addition thereto, the investment committee may invest such funds in bonds and debentures assumed or guaranteed by any solvent corporation or institution existing under the laws of the United States of America, or any state thereof, provided such bonds or debentures are rated at the time of their purchase, by a nationally recognized securities rating service, as AAA (Aaa), AA (Aa), or A (a) or in lieu thereof, provided such bonds or debentures are the type in which domestic life insurance companies are permitted to invest under the provisions of Section 33-11-20 of the Official Code of Georgia Annotated (Ga. Code Ann. 56-1016), as amended. The amount of the pension fund which may be invested in the bonds and debentures of any one corporation may not exceed ten percent (10%) of the total amount of such fund then outstanding. Withdrawals from the fund shall be made only by vouchers signed by the comptroller or deputy comptroller and countersigned by the Mayor as the chief executive officer of Augusta-Richmond County. There shall be maintained in the office of the comptroller a record of the age, length of service and contributions of each employee. All applications for retirement or the return of contributions shall be made in writing on forms prescribed by the comptroller and filed in his office. In the case of an application for retirement for disability,

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the chief executive of Augusta-Richmond County as designated by the Augusta-Richmond County Commission-Council shall immediately designate a physician to examine the applicant and no such retirement shall be allowed unless the physician so appointed files with the Mayor as the chief executive of Augusta-Richmond County his affidavit that he has examined the applicant and found him totally and permanently incapable of pursuing any gainful occupation; provided, that the applicant if aggrieved by the decision of Augusta-Richmond County's physician may designate a physician on his own part who together with Augusta-Richmond County's physician shall designate a third physician and the decision of the majority of said three (3) physicians shall be final. All applications for retirement shall be acted upon by the pension committee consisting of the members of the Augusta-Richmond County Commission-Council. The Mayor of the Commission-Council shall be the secretary of the committee and shall keep a careful record of all its proceedings. Upon certification by the secretary that a majority of the pension committee have determined that the applicant is entitled to retirement on a pension of a given amount, the comptroller shall include his name on the pension list and shall draw monthly vouchers for the payment of his pension. The Augusta-Richmond County Commission-Council may adopt further reasonable rules and regulations for the purpose of carryingout out the provisions of this division. Section 3. The two paragraphs Excluded Employees and Officers; Participating Employees; Retirement Fund Generally of Section II of the City Council of Augusta 1949 General Retirement Fund shall be restated in their entirety and shall read as follows: Excluded employees and officers; participating employees; retirement fund generally. There are excluded from the provisions of this division the employees of the University Hospital, the Recorder, the Assistant Recorder, employees of the Sinking Fund Commission, other officers elected by vote of the electorate, and all other persons entering the service of the city as regular full-time employees on or after January 1, 1987. All other persons entering the service of the city as regular full-time employees, as distinguished from temporary, part-time, or casual employees, including employees of the Police and Fire Departments whose age at the time of their employment does not exceed thirty-five (35) years, and hereinafter referred to as future employees, shall contribute to and participate in the benefits of a pension fund to be known as the general retirement fund, provided, however, that only those persons employed by the city as regular, full-time employees on

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or before December 31, 1986, shall be authorized to participate in this pension system. Section 4. This ordinance is adopted by the Augusta-Richmond County Commission Council pursuant to the provisions of O.C.G.A. 36-35-3, providing for Home Rule for Municipalities and pursuant to the provisions of the Constitution of the State of Georgia which provide for home rule by counties. Section 5. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 6. This ordinance shall become effective upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with all applicable law. ADOPTED, this 20th day of August, 1996 and this 3rd day of September, 1996. Augusta-Richmond County Commission-Council By: Larry E. Sconyers As its Mayor Attest: Lena J. Bonner Clerk I, the undersigned, LENA BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta-Richmond County Commission-Council at two consecutive meetings, held, on the following dates, to-wit: Aug 20, 1996, and September 3, 1996, as the same appear on the minutes of said Commission-Council. This 3 day of September, 1996. Lena J. Bonner Clerk AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY James B. Wall BUSINESS ____________________ STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Violet Brissey to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the

Page 4637

trade name of The Augusta Chronicle, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Aug 7, 1996, Aug 12, 1996, Aug 19, 1996, __________, 19_____, and finds that the following advertisement appeared in each of said editions, to-wit: Violet Brissey (deponent) Sworn to and subscribed before me this 20th day of August, 1996. Betty F. Jarriel Notary Public, Richmond County, Georgia My Commission expires December 20, 1996. PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission-Council, at its regular meeting on August 20, 1996, and on September 3, 1996, an Ordinance to amend the CITY COUNCIL OF AUGUSTA 1949 AUGUSTA RETIREMENT SYSTEM (Ga. L. 1949, p. 1070, as amended) so as to substitute the Augusta-Richmond County Commission-Council for the City Council of Augusta for all references to the City Council in said plan; to restate that section of the Plan entitled Administration and Investment of General Retirement Fund; Pension Fund Investment Committee; Applications for Retirement or Return of Contributions; to amend said section to change the composition of the pension fund committee and the pension fund investment committee; to repeal conflicting ordinances; to provide an effective date; and for other purposes. The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission-Council to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. 36-35-3, providing for home rule by municipalities and by the Constitution of the State of Georgia providing for home rule by counties. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia,

Page 4638

City-County Building, 5th floor, 500 block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk of the Commission-Council for any member of the public. This 2nd day of August, 1996. JAMES B. WALL County Attorney Richmond County, Georgia Aug. 7, 12, 19, 1996 Filed in the Office of the Secretary of State October 7, 1996. AUGUSTA-RICHMOND COUNTY CITY COUNCIL OF AUGUSTA 1949 GENERAL RETIREMENT FUND. ORDINANCE NO. 5864 AN ORDINANCE TO AMEND THE CITY COUNCIL OF AUGUSTA 1949 GENERAL RETIREMENT FUND (GA. L. 1949, p. 1070, AS AMENDED BY GA. L. 1966, p. 3351; GA. L. 1968, p. 2457; GA. L. 1971, p. 3796; GA. L. 1975, p. 2936; GA. L. 1980, p. 3198; GA. L. 1981, p. 4373; ORDINANCE NO. 5245, MARCH 18, 1985; ORDINANCE NO. 5330, APRIL 7, 1986; ORDINANCE NO. 5331, APRIL 7, 1986; ORDINANCE NO. 5397, FEBRUARY 16, 1987; ORDINANCE NO. 5398, FEBRUARY 16, 1987; ORDINANCE NO. 5457, DECEMBER 7, 1987; ORDINANCE NO. 5458, DECEMBER 21, 1987; GA. L. 1988, p. 5224; GA. L. 1988, p. 5425; GA. L. 1988, p. 5428; GA. L. 1989, p. 5268; GA. L. 1990, p. 5386; ORDINANCE NO. 5700, JUNE 21, 1993; GA. L. 1994, p. 5276; Ordinance No. 5776, APRIL 17, 1995), ENACTED PURSUANT TO THE PROVISIONS OF THE OFFICIAL CODE OF GEORGIA ANNOTATED WHICH PROVIDE FOR HOME RULE BY MUNICIPALITIES AND PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA WHICH PROVIDE FOR HOME RULE BY COUNTIES; SO AS TO ALLOW FOR ENHANCED EARLY RETIREMENT FOR EMPLOYEES EMPLOYED ON THE EFFECTIVE DATE OF THIS AMENDMENT; TO PROVIDE FOR REPEAL OF ENHANCED EARLY RETIREMENT ON A DATE CERTAIN; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL, AS SUCCESSOR TO THE CITY COUNCIL OF

Page 4639

AUGUSTA, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS: Section 1. The City Council of Augusta 1949 Augusta Retirement System (Ga. L. 1949, p. 1070, as amended by Ga. L. 1966, p. 3351; Ga. L. 1968, p. 2457; Ga. L. 1971, p. 3796; Ga. L. 1975, p. 2936; Ga. L. 1980, p. 3198; Ga. L. 1981, p. 4373; Ordinance No. 5245, March 18, 1985; Ordinance No. 5330, April 7, 1986; Ordinance No. 5331, April 7, 1986; Ordinance No. 5397, February 16, 1987; Ordinance No. 5398, February 16, 1987; Ordinance No. 5457, December 7, 1987; Ordinance No. 5458, December 21, 1987; Ga. L. 1988, p. 5224; Ga. L. 1988, p. 5425; Ga. L. 1988, p. 5428; Ga. L. 1989, p. 5268; Ga. L. 1990, p. 5386; Ordinance No. 5700, June 21, 1993; Ga. L. 1994, p. 5276; Ordinance No. 5776, April 17, 1995) is hereby amended by adding a new section for Enhanced Early Retirement, to be known as Section V.A., to read as follows: V.A. Enhanced Early Retirement Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Services as of July 1, 1996, and who are employed by Augusta-Richmond County on the effective date of this Amendment, may elect to receive retirements benefits under this section. Such election must be made on a form designated by Augusta-Richmond County between October 1, 1996 and 4:00 p.m. on December 23, 1996. Any employee electing to retire early pursuant to this ordinance shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same. (a) Enhanced Early Retirement Date: The Enhanced Early Retirement Date of a Participant shall be the first day of the month immediately following the date he retires from the employ of Augusta-Richmond County under the provisions of this section. (b) Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be an annual amount equal to 2.15% of his average annual rate of pay for the last three years of his service, multiplied by the number of years of such service, plus an additional ten (10) years of service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to 30 years plus 1.5% of his average annual rate of payment for the last three years of service multiplied by the number of years of Credited Service in excess of thirty years, up to a maximum of one hundred (100) per centum of average compensation for the Participant's high three (3) years of earnings, any contrary provision of this Act notwithstanding. The amount of

Page 4640

the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of this Act. (c) Prerequisite for Electing Enhanced Early Retirement: Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of the City of Augusta, Georgia and Augusta-Richmond County, Georgia, its officials, agents, and employees for any and all claims arising out of such employee's employment by the City of Augusta, Georgia and/or Augusta-Richmond County, Georgia, and agreeing not to seek or accept any further employment by Augusta-Richmond County, or its Constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position for the State of Georgia or Augusta-Richmond County. Section 4. Election of the Enhanced Early Retirement benefits is completely voluntary. Each Participant who is eligible for such benefit may decline or accept the Enhanced Early Retirement benefits on or before 4:00 p.m. December 23, 1996. Section 5. The election to receive Enhanced Early Retirement beneifts pursuant to this ordinance shall be irrevocable after 4:00 p.m. on the seventh (7th) day following such election. Section 6. The rights and obligations under the Plan with respect to persons whose employment or term of office with the City of Augusta or Augusta-Richmond County was terminated for any reason whatsoever prior to the effective date of this amendment are fixed and shall be governed by such Plan as existed and was in effect at the time of such termination. Section 7. Section V.A. titled `Enhanced Early Retirement' is repealed as of January 1, 1997; provided, however, such repeal shall not affect rights vested under said Section V.A. Section 8. This ordinance is adopted by the Augusta-Richmond County Commission Council pursuant to the provisions of O.C.G.A. 36-35-3, providing for Home Rule for Municipalities and pursuant to the provisions of the Constitution of the State of Georgia which provide for home rule by counties. Section 9. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 10. This ordinance shall become effective upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with all applicable law. ADOPTED this 20th day of August, 1996 and this 3rd day of September, 1996.

Page 4641

Augusta-Richmond County Commission-Council By: Larry E. Sconyers As its Mayor Attest: Lena J. Bonner Clerk I, the undersigned, LENA BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta-Richmond County Commission-Council at two consecutive meetings, held, on the following dates, to-wit: August 20, 1996, and September 3, 1996, as the same appear on the minutes of said Commission-Council. This 3rd day of September, 1996. Lena J. Bonner Clerk AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY James B. Wall BUSINESS __________ STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Violet Brissey to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Chronicle, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Aug 7, 1996, Aug 12, 1996, Aug 19, 1996, __________, 19_____, and finds that the following advertisement appeared in each of said editions, to-wit: Violet Brissey (deponent)

Page 4642

Sworn to and subscribed before me this 20th day of Aug 1996. Betty F. Jarriel Notary Public, Richmond County, Georgia My Commission expires December 20, 1996. PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission-Council, at its regular meeting on August 20, 1996, and on September 3, 1996, an Ordinance to amend the CITY COUNCIL OF AUGUSTA 1949 AUGUSTA RETIREMENT SYSTEM (Ga. L. 1949, p. 1070; as amended) so as to provide for Enhanced Early Retirement for employees employed on the effective date of this amendment; to repeal conflicting ordinances; to provide an effective date; and for other purposes. The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission-Council to adopt said Ordinance at two consecutive meetings held nor less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. s 36-35-3, providing for home rule by municipalities and by the Constitution of the State of Georgia providing for home rule by counties. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th floor, 500 block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of the same are available with the Clerk of the Commission-Council for any member of the public. This 2nd day of August, 1996. JAMES B. WALL County Attorney Richmond County, Georgia Aug. 7, 12, 19, 1996 Filed in the Office of the Secretary of State October 7, 1996. AUGUSTA-RICHMOND COUNTY 1945 RICHMOND COUNTY EMPLOYEES' PENSION FUND. ORDINANCE NO. 5866 AN ORDINANCE TO AMEND THE 1945 RICHMOND COUNTY EMPLOYEES' PENSION FUND ACT (GA. L. 1945, pp. 748, AS AMENDED BY GA. L. 1949, pp. 1982, GA. L. 1951, pp. 3234, GA. L. 1953, pp. 2624, GA. L. 1966, pp. 3360, GA. L. 1971, pp. 3881, GA. L., 1976, pp. 4500, GA. L. 1980, pp. 4606, GA. L. 1985, pp. 5194; GA. L. 1990, pp. 5290; AND GA. L. 1993, pp. 5438), ENACTED PURSUANT TO THE PROVISIONS OF THE CONSTITUTION OF THE STATE OF GEORGIA THAT PROVIDE FOR HOME RULE FOR COUNTIES; SO AS TO CHANGE THE NAME OF THE ADMINISTRATOR OF THE PLAN AND FUND TO THE AUGUSTA-RICHMOND COUNTY COMMISSIONCOUNCIL; TO ALLOW AN ENHANCED EARLY RETIREMENT FOR EMPLOYEES EMPLOYED ON THE EFFECTIVE DATE OF THE AMENDMENT; TO PROVIDE AN EFFECTIVE DATE; TO PROVIDE FOR REPEAL OF ENHANCED EARLY RETIREMENT ON A DATE CERTAIN; TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.

Page 4643

BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL, AS SUCCESSOR TO THE BOARD OF COMMISSIONERS OF RICHMOND COUNTY, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS: Section 1. The Richmond County Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended by Ga. L 1949, pp. 1982, Ga. L. 1951, pp. 3234, Ga. L. 1953, pp. 2624, Ga. L. 1966, pp. 3360, Ga. L. 1971, pp. 3881, Ga. L. 1976, pp. 4500, Ga. L. 1980, pp. 4606, Ga. L. 1985, pp. 5194; Ga. L. 1990, pp. 5290; and Ga. L. 5438) is hereby amended by substituting the Augusta-Richmond County Commission-Council for the Board of Commissioners of Richmond County in each and every reference to the Board of Commissioners in said Act. Section 2. The Richmond County Employees' Pension Fund Act (Ga. L. 1945, pp. 748, as amended) is hereby amended by adding a new section for Enhanced Early Retirement, to be known as Section 14.1, to read as follows: Section 14.1 Enhanced Early Retirement Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Services as of July 1, 1996, and who are employed by Augusta-Richmond County on the effective date of this Amendment, may elect to receive retirements benefits under this section. Such election must be made on a form designated by Augusta-Richmond County between October 1, 1996 and 4:00 p.m. on December 23, 1996. Any employee electing to retire early pursuant to this ordinance shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same. A. Enhanced Early Retirement Date: The Enhanced Early Retirement Date of a Participant shall be the first day of the month

Page 4644

immediately following the date he retires from the employ of the County under the provisions of this section. B. Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be an amount equal to 2% of the highest salary or wage or remuneration received as a permanent employee within the period of seventy-two (72) months immediately preceding his retirement for each year of Credited Service plus an additional ten (10) years of service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to a maximum of one hundred (100) per centum of average compensation for the Participant's high three (3) years of earnings any contrary provision of this Act notwithstanding. The amount of the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of this Act. C. Prerequisite for Electing Enhanced Early Retirement: Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of Richmond County, Georgia and Augusta-Richmond County, Georgia and their officials, agents, and employees for any and all claims arising out of such employee's employment by Richmond County, Georgia and/or Augusta-Richmond County, Georgia, and agreeing not to seek or accept any further employment by Richmond County, or its Constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position by the State of Georgia or Richmond County. Section 3. Election of the Enhanced Early Retirement benefits is completely voluntary. Each Participant who is eligible for such benefit may decline or accept the Enhanced Early Retirement benefits on or before 4:00 p.m. on December 23, 1996. Section 4. The election to receive Enhanced Early Retirement beneifts pursuant to this ordinance shall be irrevocable after 4:00 p.m. on the seventh (7th) day following such election. Section 5. The rights and obligations under the Plan with respect to persons whose employment or term of office with Richmond County or Augusta-Richmond County was terminated for any reason whatsoever prior to the effective date of this amendment are fixed and shall be governed by such Plan as existed and was in effect at the time of such termination. Section 6. Section 14.1 titled Enhanced Early Retirement is repealed as of January 1, 1997; provided, however, such repeal shall not affect rights vested under said Section 14.1.

Page 4645

Section 7. This ordinance is adopted by the Augusta-Richmond County Commission Council pursuant to the provisions of the Constitution of the State of Georgia which provide for home rule by counties. Section 8. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 9. This ordinance shall become effective upon its being filed with the Secretary of State of Georgia in accordance with all applicable law. ADOPTED, this 20th day of August, 1996 and this 3rd day of September, 1996. Augusta-Richmond County Commission-Council By: Larry E. Sconyers As its Mayor Attest: Lena J. Bonner Clerk I, the undersigned, LENA J. BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the Augusta-Richmond County Commission-Council at two consecutive meetings, held, on the following dates, to-wit: August 20, 1996, and September 3, 1996, as the same appear on the minutes of said Commission-Council. This 3 day of September, 1996. Lena J. Bonner Clerk AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY James B. Wall BUSINESS __________ STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Violet Brissey to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Chronicle, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation;

Page 4646

That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Aug 7, 1996, Aug 12, 1996, Aug 19, 1996, __________, 19_____, and finds that the following advertisement appeared in each of said elections, to-wit: Violet Brissey (deponent) Sworn to and subscribed before me this 20th day of August, 1996. Betty F. Jarriel Notary Public, Richmond County, Georgia My Commission expires December 20, 1996. PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission-Council, at its regular meeting on August 20, 1996, and on September 3, 1996, an Ordinance to amend the RICHMOND COUNTY EMPLOYEES-PENSION FUND ACT (Ga. L. 1945, p. 748, as amended) so as to substitute the Augusta-Richmond County Commission-Council for Board of Commissioners of Richmond County in all references to the Board of Commissioners in said Act; to change the name of the Administrator of the Plan and Fund to the Augusta-Richmond County Commission-Council; to provide for Enhanced Early Retirement for employees employed on the effective date of this amendment; to repeal conflicting ordinances; to provide an effective date; and for other purposes. The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission-Council to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by Article IX, Section 2, Paragraph 1 of the 1983 Constitution of the State of Georgia. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th floor, 500 block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk of the Commission-Council for any member of the public. This 2nd day of August, 1996.

Page 4647

JAMES B. WALL County Attorney Richmond County, Georgia Aug. 7, 12, 19, 1996 Filed in the Office of the Secretary of State October 7, 1996. AUGUSTA-RICHMOND COUNTY 1987 RETIREMENT PLAN FOR EMPLOYEES OF THE CITY OF AUGUSTA. ORDINANCE NO. 5865 AN ORDINANCE TO AMEND THE 1987 RETIREMENT PLAN FOR EMPLOYEES OF THE CITY OF AUGUSTA (CITY COUNCIL OF AUGUSTA ORDINANCE NO. 5399; AS AMENDED BY GA. L. 1988, pp. 5415 AND CITY COUNCIL OF AUGUSTA ORDINANCE NO. 5561), SO AS TO SUBSTITUTE THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL FOR THE CITY COUNCIL OF AUGUSTA IN ALL REFERENCES TO THE CITY COUNCIL, AND TO SUBSTITUTE AUGUSTA-RICHMOND COUNTY FOR THE CITY OF AUGUSTA IN ALL REFERENCES TO THE CITY OF AUGUSTA, IN SAID PLAN; TO CHANGE THE NAME OF JMEBS AND JOINT MUNICIPAL EMPLOYEES BENEFIT SYSTEM; TO CHANGE THE MEMBERSHIP OF THE PENSION COMMITTEE; TO CHANGE THE PROVISIONS OF THE PLAN REGARDING THE RESOLUTION OF DISPUTES; TO ALLOW AN ENHANCED EARLY RETIREMENT FOR EMPLOYEES EMPLOYED ON THE EFFECTIVE DATE OF THIS AMENDMENT; TO RESTATE THE 1987 RETIREMENT PLAN FOR EMPLOYEES OF THE CITY OF AUGUSTA; TO PROVIDE FOR REPEAL OF ENHANCED EARLY RETIREMENT ON A DATE CERTAIN; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL, AS SUCCESSOR TO THE CITY COUNCIL OF AUGUSTA, GEORGIA, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME AS FOLLOWS: Section 1. The 1987 Retirement Plan for Employees of the City of Augusta (City Council of Augusta Ordinance No. 5399; as amended by Ga. L. 1988, p. 5415; Ordinance No. 5561 effective April 2, 1990) is hereby amended by substituting the Augusta-Richmond County Commission-Council for the City Council of Augusta for each and every reference to the City Council of Augusta in said Ordinance.

Page 4648

Section 2. The 1987 Retirement Plan for Employees of the City of Augusta (City Council of Augusta Ordinance No. 5399; as amended) is hereby amended by substituting Augusta-Richmond County for the City of Augusta for each and every reference to the City Council in said Ordinance. Section 3. The 1987 Retirement Plan for Employees of the City of Augusta (City Council of Augusta Ordinance No. 5399; as amended) is hereby amended by substituting the Georgia Municipal Employees Benefit System for the Joint Municipal Employees Benefit System in each and every reference to the Joint Municipal Employees Benefit System in said Plan, and by substituting GMEBS for JMEBS in each and every reference to JMEBS in said Plan. Section 4. The 1987 Retirement Plan for Employees of the City of Augusta (City Council of Augusta Ordinance No. 5399; as amended) is hereby amended by deleting Section 1 of Article X in its entirety and substituting in lieu thereof the following: Section 1. Creation and Composition. There is hereby created a Pension Committee which shall be composed of the following: (a) The members of the Governing Authority. (b) Two (2) employee representatives elected annually by the Participants. Section 5. The 1987 Retirement Plan for Employees of the City of Augusta (City Council of Augusta Ordinance No. 5399; as amended) is hereby amended by deleting Section 1 of Article XIII in its entirety and substituting in lieu thereof the following: Section 1. Disputes. In the event of disagreement between a Participant and the Employer with respect to any rights, claims, or responsibilities under the Plan which cannot be resolved by the Pension Committee as provided under Article X, the Participant may file an appeal of any denial of benefits to a court of competent jurisdiction. In the event of a suit or other legal action by a Participant or Beneficiary, such action shall be defended in the same manner as other suits against the Employer. Any legal action on behalf of the Employer with regard to the Plan shall be first authorized by the Governing Authority and shall be conducted in the manner prescribed by the Governing Authority. GMEBS shall have no responsibility to defend or pursue legal action arising under the Plan. Section 6. The 1987 Retirement Plan for Employees of the City of Augusta (City Council of Augusta Ordinance No. 5399; as amended) is hereby amended by adding a new section for Enhanced Early Retirement, to be known as Article IV.A., to read as follows:

Page 4649

ARTICLE IV.A. ENHANCED EARLY RETIREMENT Section 1. Enhanced Early Retirement Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Services as of July 1, 1996, and who are employed by Augusta-Richmond County on the effective date of this Amendment, may elect to receive retirements benefits under this section. Such election must be made on a form designated by Augusta-Richmond County between October 1, 1996 and 4:00 p.m. on December 23, 1996. Any employee electing to retire early pursuant to this ordinance shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same. (a) Enhanced Early Retirement Date: The Enhanced Early Retirement Date of a Participant shall be the first day of the month immediately following the date he retires from the employ of Augusta-Richmond County under the provisions of this section. (b) Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be an amount equal to 1/12 the sum of: one and one-fourth (1-1/4%) percent of the Participant's Final Average Earnings up to the amount of Covered Compensation for the Participant's applicable year of Termination of employment, plus two (2%) percent of the Participant's Final Average Earnings in excess of the Covered Compensation applicable to the Participant, multiplied by years of Total Credited Service plus an additional ten (10) years of service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to a maximum of one hundred (100) per centum of average compensation for the Participant's high three (3) years of earnings, any contrary provision of this Act notwith-standing. The amount of the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of this Act. (c) Prerequisite for Electing Early Retirement: Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of the City of Augusta, Georgia, Augusta-Richmond County, Georgia, its officials, agents, and employees, and the Georgia Municipal Employees' Benefit System, for any and all claims arising out of such

Page 4650

employee's employment by the City of Augusta and/or Augusta-Richmond County, Georgia, and agreeing not to seek or accept any further employment by Augusta-Richmond County, or its Constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position for the State of Georgia or Augusta-Richmond County. Section 7. Election of the Enhanced Early Retirement benefits is completely voluntary. Each Participant who is eligible for such benefit may decline or accept the Enhanced Early Retirement benefits on or before 4:00 p.m. December 23, 1996. Section 8. The election to receive Enhanced Early Retirement beneifts pursuant to this ordinance shall be irrevocable after 4:00 p.m. on the seventh (7th) day following such election. Section 9. The rights and obligations under the Plan with respect to persons whose employment or term of office with the City of Augusta or Augusta-Richmond County was terminated for any reason whatsoever prior to the effective date of this amendment are fixed and shall be governed by such Plan as existed and was in effect at the time of such termination. Section 10. The 1987 Retirement Plan for Employees of the City of Augusta (City Council of Augusta Ordinance No. 5399; as amended) shall be restated in its entirety as amended and shall read as follows: ARTICLE I PURPOSE This Ordinance shall constitute the 1987 Retirement Plan for the Employees of Augusta-Richmond County, Georgia, for the exclusive benefit of said Employees according to the terms and conditions hereinafter contained; and when accepted and executed by the authorized officer of GMEBS, shall also constitute the Contract between Augusta-Richmond County and said GMEBS, all as authorized and provided by O.C.G.A. Section 47-5-1 et seu.; and said Ordinance and Contract shall be subject to amendment from time to time by Augusta-Richmond County and by subsequent amendment of the Act above referred to. ARTICLE II DEFINITIONS The following words and phrases as used in this Ordinance, unless a different meaning is plainly required by the context, shall have the following meanings: Section 1. Retirement System, System, or GMEBS shall mean the Georgia Municipal Employees Benefit System created by O.C.G.A. Section 47-5-1 et seq. Section 2. Board of Trustees, Board shall mean the Board of Trustees of the Georgia Municipal Employees Benefit System.

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Section 3. Contract shall mean the entire contents of this Ordinance, Plan, and Joint Trust Agreement, and any amendments made hereafter. Section 4. GMEBS Investment Fund shall mean the total amounts of all Contributions plus Interest, invested or uninvested, held by the Board of Trustees for all GMEBS member Employers and their Employees where applicable. Section 5. Trust Fund shall mean the total amounts, invested or uninvested, held at any time by GMEBS in trust for the Employer under the Joint Trust Agreement attached as Appendix A to Ordinance No. 5399. Section 6. Plan shall mean the provisions of this ordinance setting forth the Employees to be covered, the benefits to be provided, and the conditions of retirement and all amendments thereto which may hereafter be made, all shall be known as the Retirement Plan for the Employees of Augusta-Richmond County. Section 7. City, Town, Member, Municipality, or Employer shall mean Augusta-Richmond County, Georgia. Section 8. Governing Authority shall mean the Augusta-Richmond County Commission-Council. Section 9. Pension Committee shall mean the committee created in this Ordinance to represent the Employer in the administration of the Plan hereby established. Section 10. Effective Date of the Plan shall mean March 1, 1987. Section 11. Plan Year shall mean each twelve (12) month period ending on the last day of February. Section 12. Enrollment Date shall mean the date that an Employee first becomes a Participant under this Plan. Said date will be established by the Pension Committee on a form provided for that purpose. Section 13. Employee shall mean any person who is regularly employed in the services of the Employer. Section 14. New Employee shall mean any Employee regularly employed in the services of the Employer on or after the Effective Date of the Plan except as otherwise provided for in Article III, Section 3. Section 15. Full-Time Employee shall mean an Employee who works at least twenty (20) hours per week. Section 16. Eligible Employee shall mean any Full-Time Employee who comes within the provisions of Article III, Section 2, and who is not an Ineligible Employee as defined herein. Section 17. Ineligible Employee shall mean any Employee in the class or classes enumerated in Article III, Section 1.

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Section 18. Contributions shall mean payments made to GMEBS, as prescribed in Article IX, to provide the benefits specified in the Plan. Section 19. Interest shall mean a pro rata share of any and all interest, dividends, and/or capital gains or losses earned on the invested or reinvested funds of the GMEBS Investment Fund. Section 20. Accumulated Contributions shall mean the sum of the amounts deducted from the Earnings of a Participant and credited to his individual account in the GMEBS Trust Fund together with any Interest thereon. Section 21. Participant or Participating Employee shall mean any Eligible Employee who complies with the requirements of Article III, Section 4, except as otherwise provided in Article XIV, Section 3(b). Section 22. Retired Participant shall mean any Participant who has terminated Service with the Employer and who is receiving a pension provided under the Plan. Section 23. Terminated Participant shall mean any Participant terminated from Service with a Vested Benefit under any provision of the Plan. Section 24. Service shall mean regular service rendered as an Employee of the Employer subsequent to the Effective Date of the Plan. Service includes absence from active employment with the Employer under conditions which are not treated by it as a termination of employment. Section 25. Past Service shall mean the number of years and complete months of Service of a Participant prior to his Enrollment Date. Section 26. Credited Past Service shall mean the number of years and complete months of Past Service: a. Of an Eligible Employee employed on the Effective Date of the Plan. b. Of an Eligible Employee not employed on the Effective Date of the Plan who had Service prior to such Effective Date, provided that subsequent to such Effective Date, the Employee performs the lesser of: Service and leave of absence equal to the break in Service, or Service and leave of absence equal to five (5) years. c. Of an Eligible Employee whose initial employment date is subsequent to the Effective Date of the Plan, however, said Employee's Credited Past Service shall only be the number of years and complete months of continuous Service from his latest employment date to his Enrollment Date. Section 27. Future Service shall mean the number of years and complete months of Service of a Participant from his Enrollment Date to his effective date of Termination.

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Section 28. Credited Future Service shall mean the amount of Future Service of a Participant, except for a Participant who has a break in Service, in which case Credited Future Service shall be limited to Service subsequent to the most recent employment date, unless such period of Service subsequent to his most recent employment date, the Employee performs the lesser of: Service and leave of absence equal to the break in Service, or Service and leave of absence equal to five (5) years. Section 29. Total Credited Service shall mean the sum of Credited Past Service and Credited Future Service, as defined herein, of a Participant, but shall be limited to such maximum number of years, if any, as may be prescribed in Article V, Section 1(b)(3). Section 30. Termination shall mean a severance of employment with the Employer, including Retirement, resignation or discharge, lapse of recall rights after layoff, failure to return to service as an Eligible Employee after an approved leave of absence, or death. Section 31. Earnings shall mean the total normal compensation paid to an Employee but shall exclude compensation for reimbursed expenses and other unusual compensation. Earnings shall also include overtime, holiday, sick, vacation pay, and compensation deferred and redirected pursuant to the Internal Revenue Code. Section 32. Annual Earnings shall mean the Earnings which have been paid to a Participant for Service rendered during any consecutive twelve (12) calendar month period immediately preceding the anniversary of his Retirement Date. It shall be limited to such maximum amount, if any, as may be prescribed in Article V, Section 1(b)(4), of the Plan. Section 33. Final Average Earnings shall mean the average of the Annual Earnings paid to a Participant during any consecutive five (5) year period preceding his actual date of Retirement in which his Earnings were highest; or if he had less than five (5) years of Total Credited Service, then his Final Average Earnings shall be his average Earnings for his Total Credited Service. Section 34. Retirement shall mean withdrawal from Service with a retirement allowance granted under the provisions of the Plan. The Employer may engage as an ineligible Employee any person receiving benefits hereunder, and such engagement shall not terminate or suspend such benefits. Section 35. Normal Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualifies for Retirement as provided in Article IV, Section 1 and Section 2. Section 36. Early Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualifies for Retirement as provided in Article IV, Section I and Section 3.

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Section 37. Delayed Retirement Date shall mean the first day of the month coinciding with or next following the day a Participant qualifies for Retirement as provided in Article IV, Section 1 and Section 4. Section 38. Normal Retirement Age shall mean age sixty-five (65). Section 39. Early Retirement Age shall mean age fifty-five (55). Section 40. Monthly Retirement Benefit shall mean the monthly pension as provided in Article V or any optional benefit payable in lieu thereof as provided in Article VI. Section 41. Accrued Benefit shall mean, as of any date, the Normal Retirement benefit payable to a Participant at his Normal Retirement Date computed in accordance with the provisions of Article V, based upon the Participant's Final Average Earnings and Total Credited Service as of the date that the Participant's Accrued Benefit is being determined. Section 42. Beneficiary shall mean the person designated by a Participant, in writing and on prescribed forms, to receive any death benefit provided for a Beneficiary in Article VI, Section 2 or Article VII, Section 1 or Section 2. Section 43. Actuary shall mean an individual, or firm, appointed or approved by the Board of Trustees to perform actuarial calculations necessary in the funding of the Plan. Section 44. Actuarial Equivalent shall mean a benefit of approximately equal value when computed on the basis of the actuarial assumptions contained in Article VIII. Section 45. Vesting, Vested Right, Vested Benefit shall mean the rights of a Terminated Participant as specified in Article VII, Section 3 or Section 4, of the Plan. Section 46. Covered Compensation shall mean for any calendar year the average of the maximum amount of earnings for which taxes are payable under the Social Security Act during the period of calendar years: (a) beginning with the later of 1959 or the calendar year thirty-five (35) years before the year for which Social Security Covered Compensation is being computed, and (b) ending with the calendar year preceding the year for which Social Security Covered Compensation is being computed. The amount of Covered Compensation for a Participant shall be determined as of his date of Termination or date of death, whichever is applicable. Section 47. Disability or Disabled shall mean a physical or mental disability of a Participant who because of such disability becomes entitled to receive disability insurance benefits under the Federal Social Security Act, as amended. If a Participant is not disabled in accordance with the above definition of Disability solely because he lacks the quarters of social security coverage required to receive disability insurance benefits under

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the Federal Social Security Act, as amended, Disability shall mean a physical or mental disability of a Participant if the Pension Committee shall determine that he is permanently incapacitated on the basis of a certificate signed by a physician selected and engaged by the Participant stating that (a) such Participant is permanently and totally physically or mentally disabled or anatomical, physiological, or psychological abnormalities that are demonstrable by medically acceptable clinical and laboratory diagnostic techniques, so as to be prevented from engaging in any occupation or employment whatsoever for remuneration or profit; (b) such disability commenced on a specified date during the period of the Participant's employment with Augusta-Richmond County; (c) such disability will be permanent and continuous during the remainder of the Participant's life; and (d) such disability was not self-inflicted, incurred in military service, incurred in the commission of a felonious enterprise, or the result of the use of narcotics or drugs or habitual alcoholism. The Pension Committee shall have the right to require a Participant who applies for Disability Retirement or who is receiving Disability Retirement benefits to be examined by a physician chosen by the Pension Committee to confirm the Participant's initial disability or continuation of disability. Should the physician chosen by the Pension Committee not confirm the Participant's initial disability or continuation of disability, then such physician and the physician selected by the Participant shall select a third physician by mutual agreement, which physician shall determine finally and unalterably the physical or mental disability of the Participant. Section 48. Disability Retirement shall mean Termination of employment as a result of a Disability with a Disability benefit granted under the provisions of the Plan. Section 49. Disability Retirement Date shall mean the first day of the calendar month coinciding with or next following the date a Participant becomes entitled to receive disability benefits as provided in Article IV, Section 1 and Section 5. However, in no event shall said Disability Retirement Date be earlier than one (1) calendar month following his Termination of employment as a result of a Disability. Section 50. Public Safety Personnel shall mean a police officer who is a Full-Time Employee and is certified under the Georgia Peace Officer Standards and Training Act, and a fire fighter who is a Full-Time Employee and is certified under the Georgia Fire Fighter Standards and Training Act. ARTICLE III ELIGIBILITY, QUALIFICATION, AND PARTICIPATION Section 1. Ineligible Classes of Employees. The following classes of Employees shall not become eligible for participation in the Plan. CLASS 1 Employees who were employed prior to the Effective Date of the Plan who are participants in any Employer-sponsored retirement plan.

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CLASS 2 Employees who regularly work less than twenty (20) hours per week in the Service of the Employer, or who are regularly employed for less than five (5) months in any year. CLASS 3 Any person employed by the Employer to perform scientific, technical, engineering, accounting, legal, or similar expert services in a consulting capacity and/or on a retainer or fee basis. Section 2. Eligible Classes of Employees. All Employees not excluded by Article III, Section 1 shall qualify for participation by meeting the pertinent requirements set forth in Article III, Section 3. CLASS 1 Public Safety Personnel who are employed on the Effective Date of the Plan who are not participants in any Employer-sponsored retirement plan, and Public Safety Personnel who are hired after the Effective Date of the Plan. CLASS 2 Employees, other than Public Safety Personnel, who are employed on the Effective Date of the Plan who are not participants in any Employer-sponsored retirement plan, and Employees, other than Public Safety Personnel, who are hired after the Effective Date of the Plan. Section 3. Qualifications for Participation. (a) Each Eligible Employee employed on the Effective Date of the Plan shall be qualified to apply for participation in the Plan: (1) If he has completed one (1) year of continuous Service on or prior to the Effective Date of the Plan, or (2) On the first day of the month immediately following or coinciding with the date subsequent to the Effective Date of the Plan that he completes one (1) year of continuous Service, provided that the period of Service between the Effective Date of the Plan and his Enrollment Date was continuous and uninterrupted. (b) Each New Employee hired after the Effective Date of the Plan shall be eligible to participate in the Plan on the first day of the month immediately following or coinciding with the date he completes one (1) year of continuous Service. Each Employee who, as of March 1, 1988, was previously excluded from participating in the Plan because he was over the Plan's maximum entry age, shall be eligible to participate in the Plan on the later of: March 1, 1988, or the first day of the month immediately following or coinciding with the date he completes one (1) year of Service. An Employee who was previously excluded from participation because of age shall receive credit for all Service, including Service prior to March 1, 1988. (c) Any Eligible Employee hired after the Effective Date of the Plan, whose immediate prior employment was with another employer in the GMEBS and who was a Participant in that employer's plan, shall be allowed

Page 4657

to become a Participant on the first day of the month coinciding with or next following the month in which he is employed, regardless of any other requirements in Article III, Section 3. (d) A former Participant who is reemployed in an Eligible Employee class shall be considered a New Employee as of his date of reemployment unless he has not withdrawn his Accumulated Contributions, or unless he, immediately upon resuming participation, repays any amounts previously withdrawn plus interest calculated at a rate of eight (8%) percent per annum as a condition to receiving credit for Service before his most recent employment date, and meets one (1) of the following conditions: (1) A former Participant who is reemployed within one (1) year after termination of his employment with the Employer, or (2) A former Participant who is reemployed more than one (1) year after his date of termination and spent the interim period in the continuous employment of another employer in the GMEBS. Said Participant may resume participation on the first day of the month immediately following or coinciding with his reemployment date, but the time he was absent shall not be taken into account for the purpose of calculating retirement or termination benefits under the Plan. (e) A former Participant who is reemployed more than one (1) year after a break in Service may resume participation on the first day of the month immediately following or coinciding with his reemployment date, but the time he was absent shall not be taken into account for the purpose of calculating retirement or termination benefits under the Plan. Credit for Service before his most recent employment date will only be given to such Participant who, immediately upon resuming participation repays any amounts previously withdrawn plus interest calculated at a rate of eight (8%) percent per annum, and who meets the provisions of Article II, Section 28. (f) A former Participant who is reemployed in an Eligible Employee class after a period of voluntary or involuntary service in the Armed Forces of the United States, and who meets the provisions of Article III, Section 5, and who either: (1) has not withdrawn his Accumulated Contributions; or, (2) immediately upon resuming employment repays any amounts previously withdrawn plus interest calculated at a rate of eight (8%) percent per annum as a condition to receiving credit for Service before his most recent employment date; shall not be deemed to have broken continuity of Service and may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed. The time such Participant was absent shall be counted as Credited Future Service, provided, however,

Page 4658

that the Participant pays, immediately upon reemployment, all Contributions that would have been made based upon his normal salary or compensation from the Employer at the time of his entry into the Armed Forces, plus interest calculated at a rate of eight (8%) percent per annum. (g) A former Participant who is reemployed in an Eligible Employee class after being on an authorized leave of absence, and who meets the provisions of Article III, Section 5, and who either: (1) has not withdrawn his Contributions and Interest, if any; or, (2) immediately upon resuming employment, repays any amounts previously withdrawn plus interest calculated at a rate of eight (8%) percent per annum as a condition to receiving credit for Service before his leave of absence began, shall not be deemed to have broken continuity of Service and may resume participation on the first day of the month coinciding with or next following the month in which he is reemployed in accordance with the terms of the leave as approved by the Governing Authority. If, according to the provisions of the leave of absence, the time such Participant was absent is to be counted as Credited Future Service, such time shall be counted as Credited Future Service, provided, however, that the Participant pays, immediately upon reemployment, all Contributions that would have been made based upon his normal salary or compensation from the Employer at the time immediately prior to the start of his leave of absence, plus interest calculated at a rate of eight (8%) percent per annum. Section 4. Participation. (a) Each Eligible Employee who meets the qualifications for participation in the Plan as set forth in Article III, Section 3, shall become a Participant in the Plan by: (1) Authorizing in writing the Employer to duduct from his Earnings the Contributions required of him, as prescribed in Article IX, and (2) Filing with the Pension Committee, on a prescribed form, such information as shall be required by the Pension Committee, which shall include the Employee's acceptance of the terms and conditions of the Plan and designation of a Beneficiary to receive the Employee's Accumulated Contributions in the event of his death prior to Retirement. (b) Each Eligible Employee who has completed one (1) year of continuous employment on or prior to the Effective Date of the Plan must apply for participation in the Plan within sixty (60) days of such Effective Date of the Plan, otherwise, such Employee shall not qualify for Normal Retirement as provided in Article IV, Section 2(b), Early Retirement as provided in Article IV, Section 3(a), or Vesting, as provided in Article VII, Section 3(a) and 3(c)(1).

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(c) Each Eligible Employee who is employed on the Effective Date of the Plan but who has not completed one (1) year of continuous employment on the Effective Date of the Plan must apply for participation in the Plan within sixty (60) days of the first day of the month immediately following or coinciding with the date that he completes one (1) year of continuous employment, otherwise, such Employee shall not qualify for Normal Retirement, as provided in Article IV, Section 2(b), Early Retirement, as provided in Article IV, Section 3(a), or Vesting, as provided in Article VII, Section 3(a) and 3(c) (1). (d) Each Eligible Employee employed or reemployed after the Effective Date of the Plan shall be required to participate in the Plan on the first day of the month immediately following or coinciding with the date that he completes one (1) year of continuous Service. (e) Participation in the Plan shall not give any Eligible Employee the right to be retained in the employ of the Employer nor, upon dismissal, to have any right or interest in the Trust Fund other than is herein provided. Section 5. Leaves of Absence. a. General Leaves of Absence. The Governing Authority shall determine the date of expiration of a leave of absence granted to a Participant. Such periods of absence shall not be counted as Credited Future Service for the purpose of computing a benefit hereunder unless the leave, as authorized by the Governing Authority, specifically permits such Participant to continue accumulating Credited Future Service during the authorized leave of absence. Such Participant shall, for the purposes of the Plan, not be deemed to have broken continuity of Credited Future Service, provided: (1) He was regularly employed by the Employer immediately prior to his leave of absence; and, (2) He makes application for reemployment on or before the date of expiration of a leave of absence; and (3) He is reemployed as an Eligible Employee within ninety (90) days after such application. (4) He pays all Contributions that would have been made based upon his normal salary or compensation from the Employer at the time the leave of absence was granted, plus interest calculated at a rate of eight percent (8%) per annum. b. Military Leaves of Absence. A former Employee who is reemployed in an Eligible Employee class after service in the Armed Forces of the United States shall, for the purposes of the Plan, not be deemed to have broken continuity of Service, and all military service shall be counted for the purpose of computing a benefit, provided:

Page 4660

(1) He was regularly employed by the Employer immediately prior to his military service; and (2) The Plan was in effect on the date he left employment for such military service; and, (3) He makes application for reemployment within ninety (90) days after he first becomes entitled to his discharge or release from service in the Armed Forces of the United States; and (4) He is reemployed as an Eligible Employee within ninety (90) days after such application. (5) He pays all Contributions that would have been made based upon his normal salary or compensation from the Employer at the time of his entry into the Armed Forces, plus interest calculated at a rate of eight percent (8%) per annum. c. If a Participant or Employee has not returned to his regular employment as an Eligible Employee in accordance with the provisions of paragraph a or b in this Section 5, his interest, if any, under the Plan shall be only such as existed at the commencement of such leave of absence. ARTICLE IV RETIREMENT ELIGIBILITY AND DATES Section 1. Retirement Eligibility. (a) The Retirement prerequisites of a Participant under this Plan are contingent upon the method of Retirement selected by such Participant; that is, Normal Retirement, Early Retirement, Delayed Retirement, or Disability Retirement. The prerequisites associated with each Retirement method or employment status shall be as specified below in pertinent provisions of Sections 2, 3, 4, and 5, respectively, of this Article IV. (b) Retirement under the Plan is contigent upon the satisfactory completion of a prescribed form provided for such purpose and the acceptance of the Retirement application by the Pension Committee. (c) Retirement applications shall be prepared and submitted at such time as to reach the office of GMEBS no later than ninety (90) days and no earlier than thirty (30) days prior to a Participant's effective Retirement Date. Section 2. Normal Retirement Date. The Normal Retirement Date of a Participant shall be the first day of the month coinciding with or next following the date he has attained: (a) Age sixty-five (65) if the Participant is not classified as Public Safety Personnel; or

Page 4661

(b) Age sixty-five (65), or age fifty-five (55) and has been employed by Augusta-Richmond County for a minimum of twenty-five (25) years, whichever is earlier, if the participant is classified as Public Safety personnel, and complies with the provisions of Article II, Section 4(b) or Section 4(c); or (c) Age sixty-five (65), or age fifty-five (55) and completed twenty-five (25) years of Total Credited Service, whichever is earlier, if the Participant is classified as Public Safety Personnel. Section 3. Early Retirement Date. A Participant may retire from the Service of the Employer on the first day of any month prior to his Normal Retirement Date, provided: (a) He has attained age fifty-five (55) and has been employed by Augusta-Richmond County for a minimum of ten (10) years, if he complies with the provisions of Article III, Section 4b or 4c; or, (b) He has attained age fifty-five (55) and has a minimum of ten (10) years of Total Credited Service. Section 4. Delayed Retirement Date. A Participant may retire from the Service of the Employer on the first day of any month subsequent to his Normal Retirement Date. Subsequent to the first anniversary of the Effective Date of the Plan, Retirement of Public Safety Personnel shall not be delayed beyond age seventy (70). Section 5. Disability Retirement Date. A Participant may retire under the provisions of the Plan on the first day of the first calendar month in which a Participant becomes disabled. Upon actual Retirement, such Participant shall receive the Disability Retirement Benefit provided in Article V, Section 4, or any other Retirement Benefit granted under the Plan for which he is eligible if such benefit is greater than the aforesaid Disability Retirement Benefit. However, under no circumstances shall any Retired Participant be entitled at one time to more than one type of Retirement Benefit granted under the Plan. ARTICLE IV.A. ENHANCED EARLY RETIREMENT Section 1. Enhanced Early Retirement Participants who have attained, or who will have attained, the age of 50 on or before December 31, 1996, and who have completed 5 years of Credited Services as of July 1, 1996, and who are employed by Augusta-Richmond County on the effective date of this Amendment, may elect to receive retirements benefits under this section. Such election must be made on a form designated by Augusta-Richmond County between October 1, 1996 and 4:00 p.m. on December 23, 1996. Any employee electing to retire early pursuant to this ordinance shall have until 4:00 p.m. on the seventh (7th) day following such election to revoke same.

Page 4662

(a) Enhanced Early Retirement Date: The Enhanced Early Retirement Date of a Participant shall be the first day of the month immediately following the date he retires from the employ of Augusta-Richmond County under the provisions of this section. (b) Amount of Retirement Benefit: The monthly retirement benefit payable to a Participant who retires on his Enhanced Early Retirement Date shall be an amount equal to 1/12 the sum of: one and one-fourth (1-1/4%) percent of the Participant's Final Average Earnings up to the amount of Covered Compensation for the Participant's applicable year of Termination of employment, plus two (2%) percent of the Participant's Final Average Earnings in excess of the Covered Compensation applicable to the Participant, multiplied by years of Total Credited Service plus an additional ten (10) years of service to be added to the years of Credited Service for purposes of computing the amount of the retirement benefit, up to a maximum of one hundred (100) per centum of average compensation for the Participant's high three (3) years of earnings, any contrary provision of this Act notwithstanding. The amount of the monthly enhanced retirement benefit shall not be reduced for any month or time period by which the Early Retirement Date of a Participant precedes his Normal Retirement Date, notwithstanding any other provision of this Act. (c) Prerequisite for Electing Early Retirement: Any Participant electing Enhanced Early Retirement shall be required to execute a covenant not to sue in favor of the City of Augusta, Georgia, Augusta-Richmond County, Georgia, its officials, agents, and employees, and the Georgia Municipal Employees' Benefit System, for any and all claims arising out of such employee's employment by the City of Augusta and/or Augusta-Richmond County, Georgia, and agreeing not to seek or accept any further employment by Augusta-Richmond County, or its Constitutional and elected officials. This provision shall not be construed as prohibiting any such person from seeking any elective position for the State of Georgia or Augusta-Richmond County. ARTICLE V RETIREMENT BENEFITS Section 1. Normal Retirement Benefit. (a) A Participant, upon Retirement on his Normal Retirement Date, shall receive a Monthly Retirement Benefit under which payments shall commence on the first day of the month following his Normal Retirement Date and shall be payable on the first day of each month thereafter during his lifetime. The amount of the Monthly Retirement Benefit shall be determined as one-twelfth (1/12) the sum of: one and one-fourth (1-1/4%) percent of the Participant's Final Average Earnings up to the amount of Covered Compensation for the Participant's applicable year of Termination of employment, plus two (2%) percent of the Participant's

Page 4663

Final Average Earnings in excess of the Covered Compensation applicable to the Participant, multiplied by years of Total Credited Service. (b) The following provisions shall apply to the calculation of paragraph (a) above: (1) Credited Past Service shall be as defined in Article II, Section 26, except, however, that any Eligible Employee or any elected or appointed member of the Governing Authority who does not elect to become a Participant as of the date he is first qualified to do so may elect to become a Participant on the first day of any succeeding month; provided, however, that the Credited Past Service of such Participant shall not include the period of Service from the date he was first qualified to become a Participant to the date he elects to become a Participant, or any creditable Past Service due him on the date he was first qualified to become a Participant under the Plan. (2) Credited Future Service shall be as defined in Article II, Section 28. (3) Total Credited Service, both past and future, shall be the sum of Credited Past and Credited Future Service. The amount of Total Credited Service for any Participant shall be unlimited except that Total Credited Service shall not exceed the total calendar years and complete months during which a Participant was an Eligible Employee. (4) Maximum Annual Earnings to be used for computing Final Average Earnings for benefit accrual shall not exceed $200,000.00. (5) Final Average Earnings shall be used for computing the Monthly Retirement Benefit, except as otherwise provided herein. (6) Full months of Credited Past and Future Serve shall be treated as fractions of one (1) year. Partial months shall not be included in the calculation. Section 2. Early Retirement Benefit. A Participant, upon Retirement on his early Retirement Date, shall receive a Monthly Retirement Benefit under which payment shall commence on the first day of the month following the Participant's Early Retirement Date and shall be payable on the first day of each month thereafter during the lifetime of the Participant. The amount of such Monthly Retirement Benefit shall be computed in the same manner as for a Normal Retirement Benefit, but reduced on an Actuarially Equivalent basis in accordance with the actuarial table as contained in Article VIII, Section 1. Section 3. Delayed Retirement Benefit. The Delayed Retirement Benefit shall be calculated in the same manner as the Normal Retirement Benefit. In determining the Delayed Retirement Benefit, Total Credited Service shall include the sum of Credited Past Service and Credited Future Service accruing after age sixty-five (65).

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Section 4. Disability Retirement Benefit. The amount of the Disability Retirement Benefit shall be calculated in the same manner as the Normal Retirement Benefit with no acturial reduction for age imposed. In no event, however, will a Participant's Disability Retirement Benefit be less than twenty (20%) percent of his average monthly Earnings for the twelve (12) calendar month period immediately preceding his termination of employment as a result of a Disability. Upon Retirement on his Disability Retirement Date, a Participant shall receive a Monthly Retirement Benefit commencing on the first day of the month coinciding with his Disability Retirement Date and payable on the first day of each month thereafter so long as his Disability continues. Section 5. Direct Deposit of Retirement Benefits. (a) The Pension Committee may authorize the direct deposit of Monthly Retirement Benefits into banks, trust companies, savings banks, savings and loan associations, and credit unions, based upon the election of a Retired Participant or Beneficiary. Such election shall be in writing on a form provided for that purpose. (b) In the event that a direct deposit results in the misapplication of Retirement benefits which are unrecoverable, the amount of the loss shall be charged to the Employer's Trust Fund. Section 6. Suspension of Benefits. (a) Any Retirement pension payable under this Plan to any Participant shall be suspended, except as otherwise provided herein, as of the date he is reemployed as an Eligible Employee, and shall be resumed as of the first day of the month following his subsequent Retirement. In any case where the payment of a Participant's Retirement pension shall have been so suspended, the Retirement pension payable on his subsequent Retirement (whether before or after his Normal Retirement Date) shall be the benefit computed in accordance with this Article V on the basis of his aggregate Credited Service, and on the basis of his Final Average Earnings, at the time of his subsequent Retirement, but reduced on an acturial basis by the value of: any Early Retirement Benefits received by him prior to being reemployed as an Eligible Employee, and by any acturial factors used in calculating the benefit payable at the time of his previous Retirement. In no event shall the resulting benefit be less than the benefit payable at the time of his previous Retirement. A Retired Participant who is reemployed as an Eligible Employee shall not be authorized to change his Beneficiary on his subsequent Retirement or to name a Beneficiary in Retirement if one had not been previously named. For the purposes of this Section 6, any such Participant's Credited Service subsequent to his reemployment by the Employer shall commence as of the date of his reemployment as an Eligible Employee. (b) Any Disability Retirement pension payable under this Plan to any Participant shall be suspended as of the date his Disability ceases. In any

Page 4665

case where the payment of a Participant's Disability Retirement pension shall have been so suspended, the period of absence from employment due to such Disability shall be treated as a leave of absence without pay and the provisions of Article III, Section 5 shall apply except that such period of absence shall not be counted as Credited Future Service. Any Participant who shall have retired or been retired pursuant to the provisions of Article IV, Section 5 and who dies or who has been or shall be subsequently declared ineligible for a Disability Retirement benefit because of a cessation of said Disability shall have a right to any benefit afforded under any other provision of this Plan to which he or his Beneficiary might otherwise be entitled. In such a case, any Disability Retirement payments made prior to the date his Disability ceases or is declared to no longer exist shall be retained by the retiree and disregarded in computing any other benefit payable under this Plan. Section 7. Limitation on Annual Benefit. A Participant's annual benefit shall not exceed the lesser of: (1) 100% of the Participant's high 3 years average compensation, or (2) a dollar amount which is adjusted for inflation based on 215(i) (2) (A) of the Social Security Act. If a Participant's total annual benefits are not in excess of $10,000.00 this section shall not apply. Furthermore, if the Participant retires before age 62 the limit shall be actuarially reduced in accordance with Internal Revenue Code 415(b) (2) (C) and (F). ARTICLE VI OPTIONAL FORMS OF RETIREMENT INCOME Section 1. Election of Optional Retirement Benefits. A Participant may elect, or may revoke a previous election and make a new election, at any time prior to his actual Retirement date, to have his Retirement benefit payable under one of the options hereinafter set forth in lieu of the Retirement benefit he is otherwise entitled to receive. The benefit shall be paid in accordance with the terms of such option elected. Election of any option shall be made by the Participant in writing and shall be subject to approval by GMEBS. Section 2. Description of Options. The amount of any optional retirement benefit set forth below shall be the Actuarial Equivalent of the amount of benefit that would otherwise be payable to the Participant under Article V. OPTION A: Joint and Survivor Option. A decreased retirement benefit which shall be payable during the lifetime of the Participant and, if his Beneficiary should survive him, shall continue after his death during the lifetime of his Beneficiary in the same amount of in such smaller amount as the Participant may designate. If the Beneficiary does not survive the Participant, all payments shall cease at the death of the Participant and no further benefits will accrue to his estate or to other

Page 4666

persons except as provided in Article VII, Section 2. This option shall be known as Option A. The retirement benefit under Option A shall be calculated in accordance with Article VIII, Section 2 (a) or 2 (b), whichever is applicable. OPTION B: Period Certain and Life Option. A decreased retirement benefit payable monthly to the Participant during his lifetime and, in the event of his death within a period of five (5), ten (10), fifteen (15), or twenty (20) years after his Retirement, the same monthly amount shall be payable for the balance of such period to the Beneficiary designated by him. If the Beneficiary does not survive the Participant all payments shall cease at the death of the Participant and no other benefits will accrue to his estate or to other persons except as provided in Article VII, Section 2. This option shall be known as Option B. The retirement benefit under Option B shall be calculated in accordance with Article VIII, Section 3. OPTION C: Social Security Option. An increased retirement benefit, determined as of the Participant's Early Retirement Date, payable to him during his lifetime until his retirement benefits commence under the Federal Social Security Act, and a decreased retirement benefit payable thereafter for life in order to have a more level retirement income when such decreased retirement benefit is added to his primary benefits under the Federal Social Security Act. At the death of the Participant all payments will cease and no further benefits will accrue to the estate of the Participant or to other persons except as provided in Article VII, Section 2. This option shall be known as Option C. The Actuarial Equivalent factors to be applied in calculating benefits under Option C shall be those contained in Article VIII, Section 4a or 4b, whichever is applicable. Section 3. Cancellation of Election. The election by a Participant of any option in Section 2 of this Article VI shall be null and void if either the Participant or his designated Beneficiary shall die before the Participant's effective Retirement date. Section 4. Notwithstanding any other provision to the contrary, a Participant's election of the form of benefit payment will be restricted to assure compliance with the minimum distribution incidental death benefit requirements of Internal Revenue Code Section 401(a)(9). Section 5. Rule for Small Annuities. The present value of a retirement fund benefit shall be distributed to the Participant or Terminated Participant or the Terminated Participant's Beneficiary if the benefit does not exceed Internal Revenue Code Section 411(a)(11)(a) limit on the date of termination. The value of a Participant's or Terminated Participant's benefit shall be determined in accordance with Article VIII, Section 6, on the date of the Participant's Termination.

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ARTICLE VII DEATH OR TERMINATION OF EMPLOYMENT Section 1. Death Prior to Retirement. (a) If the employment of a Participant is terminated by reason of death prior to his becoming eligible for Early or Normal Retirement in accordance with Article IV, no benefit shall be payable under the Plan to any heirs, assigns, or to the Participant's estate. (b) Upon becoming eligible for Early or Normal Retirement in accordance with Article IV, a Participant may designate one and only one Beneficiary prior to Retirement on a form provided for that purpose. In so doing, he specifically provides thereby that in the event his employment is terminated by reason of his death prior to Retirement that his designated and surviving Beneficiary prior to Retirement shall receive a Retirement benefit in the amount of the decreased retirement benefit that would have been otherwise payable to said Participant had he retired on the day of his death and elected the optional form of Retirement payment designated herein as Option A at one hundred percent (100%). (c) Designation of a Beneficiary may be changed by the Participant in writing on a form provided for that purpose at any time prior to actual Retirement. Only the last such designation of a Beneficiary prior to Retirement shall have effect and any new designation of a Beneficiary invalidates, supersedes, and revokes any prior designation. (d) If the employment of a Participant is terminated by reason of death prior to his becoming eligible for Early or Normal Retirement in accordance with Article IV, the sum of the Participant's Accumulated Contributions, if any, shall be paid to his primary Beneficiary prior to Retirement, or if no Beneficiary has been designated or survives, then to the Participant's estate, and no other benefit shall be payable under the Plan to any heirs, assigns, or to the Participant's estate. Section 2. Death After Retirement. Upon the death of a Participant subsequent to his Retirement, there shall be payable to the Participant's designated Beneficiary, a benefit to be determined as follows: (a) If the Participant has not elected an optional form of payment, as provided in Article VI, or if he has elected an optional form of payment and his designated Beneficiary does not survive him, no further payment of any kind whatsoever shall be made at the death of the Participant, unless he shall die before the total sum of his Accumulated Contributions has been paid to him, in which case the balance will be paid in a lump sum to his estate. (b) If the Participant has elected an optional form of payment, as provided in Article VI, and his designated Beneficiary survives him,

Page 4668

benefits shall be payable to the Beneficiary as provided by the option elected. Section 3. Termination of Employment Before Retirement. A Participant whose employment is terminated under any of the following conditions for any reason other than death or Retirement shall be entitled to a Vested Right in his Accured Benefit. Payment of such Vested Retirement Benefit shall commence on the first day of the month following his Normal or Early Retirement Date at the option of the Participant and shall be payable on the first day of each month thereafter during the life of the Participant. The amount of such Monthly Retirement Benefit shall be computed in the manner prescribed for Normal or Early Retirement in Article V herein, but based upon his Final Average Earnings and Total Credited Service up to the Participant's date of termination of employment with the Employer. The conditions for a Vested Retirement Benefit under this section shall be one of the following: (a) A Participant whose employment is terminated voluntarily or involuntarily shall be entitled to a Vested Benefit if he has been employed by Augusta-Richmond County for a minimum of ten (10) years and he complies with the provisions of Article III, Section 4(b) or 4(c); or, (b) A Participant whose employment is terminated voluntarily or involuntarily shall be entitled to a Vested Benefit if he has completed a minimum of ten (10) years of Credited Service in the Plan; or, (c) A Participant whose employment is terminated involuntarily and without cause shall be entitled to a Vested Benefit if: (1) He has been employed by Augusta-Richmond County for a minimum of five (5) years and he complies with the provisions of Article III, Section 4(b) or 4(c); or, (2) He has a minimum of five (5) years of Total Credited Service in the Plan. For the purpose of this condition, cause for dismissal shall mean negligence or inefficiency in performing the duties of the position held, unfitness to perform assigned duties, insubordination, or misconduct reflecting discredit on the Employer or upon the Governing Authority; or, (d) A Participant whose employment is terminated because he is disabled shall be entitled to a Vested Benefit provide his period of Disability began on or before the Participant's date of Termination of employment as a result of a Disability. No Disability benefit shall be payable unless application for such benefit is made within one (1) year after employment is terminated as a result of such Disability, except when a delay is caused by a pendency of a Disability dtermination by the Social Security Administration. (e) Except as otherwise provided in subparagraphs a, b, c, and d of this Section 3, a Participant whose employment shall become terminated

Page 4669

otherwise than by death, Disability, or Retirement, shall within sixty (60) days after such termination request his Accumulated Contributions be withdrawn. Failure to make such request within the allotted time shall terminate the accrual of any further Interest. Section 4. Termination of Employment Before Retirement; Portability. A Participant whose employment is terminated either voluntarily or involuntarily for any reason other than death, Disability, or Retirement, after one (1) year or more of participation in the Plan shall have a right to a Vested Retirement Benefit under the conditions set forth below. Payment of such benefit shall commence, at the option of the Participant, on the first day of the month following his Normal or Early Retirement Date as prescribed in the Plan and shall be payable on the first day of each month thereafter, provided: (a) That his next employer and each successive employer until Retirement under this Plan be a GMEBS employer which maintains a GMEBS Retirement Plan with a provision on porability that is the same or substantially similar to this Section 4. Each break in employment between successive GMEBS employers shall not exceed 60 days; and, (b) That to be entitled to any benefits under the provisions of this Plan, the Participant must meet, through his Total Credited Service with all GMEBS employers prior to Retirement, the age, Service, and participation requirements for Normal or Early Retirement as provided for herein; and, (c) That the amount of such Monthly Retirement Benefit shall be computed in the manner prescribed for Normal or Early Retirement in Article V herein, but based on his Final Average Earnings and Total Credited Service up to the Participant's date of termination of employment with the Employer; and, (d) That in the event the Employer is his final GMEBS employer and the Plan allows Delayed Retirement beyond the Normal Retirement Date, that the benefit under this Article VII, Section 4, shall begin when the Participant retires and shall be computed as prescribed in Article V, Section 3. Section 5. Withdrawal of Contributions. If a Participant, upon Termination, chooses to withdraw his Accumulated Contributions from the Trust Fund, Sections 3 and 4 of this Article VII shall be null and void, and his Accumulated Contributions shall be returned within ninety (90) days of his request. A Participant who withdraws his Accumulated Contributions shall have no right, title, or interest in the Plan. A Participant may not withdraw from the Plan nor withdraw his Accumulated Contributions so long as he remains in the employment of the Employer and he may not borrow against them at any time.

Page 4670

ARTICLE VIII ACTURIAL EQUIVALENT CONVERSION TABLES Section 1. Early Retirement Reduction Table. Number of Years Before Percentage of Normal Retirement * * Interpolate for whole months. Normal Retirement Benefit 0 1.000 1 .933 2 .867 3 .800 4 .733 5 .667 6 .633 7 .600 8 .567 9 .533 10 .500 Section 2. Option A Tables. (a) The following table is to be used for a Participant who is the same age or older than his Beneficiary: Participant Age Beneficiary Age Contingent Annuity Factor 100% 75% 50% 25% 0 .833 .870 .909 .952 1 .826 .864 .905 .950 2 .819 .857 .900 .947 3 .811 .851 .896 .945 4 .804 .845 .891 .943 5 .797 .839 .887 .940 6 .790 .833 .882 .938 7 .783 .828 .878 .935 8 .776 .822 .874 .933 9 .769 .816 .870 .930 10 .763 .811 .866 .928 11 .757 .806 .861 .926 12 .751 .800 .858 .923 13 .745 .795 .854 .921 14 .739 .791 .850 .919 15 .733 .786 .846 .917 16 .728 .781 .843 .915 17 .723 .777 .839 .913 18 .718 .772 .836 .911 19 .713 .768 .833 .909 20 .708 .764 .830 .907 21 or more * * Factor for 20 year age difference minus extrapolation factor below times number of years in excess of 20 that Participant's age exceeds his Beneficiary's age. * * *

Page 4671

Contingent Annuity Percentage Extrapolation Factor 100% .005 75% .004 50% .003 25% .002 (b) The following table is to be used for a Participant who is younger than his Beneficiary: Participant Age Beneficiary Age Contingent Annuity Factor 100% 75% 50% 25% 1 .841 .876 .914 .955 2 .848 .882 .918 .957 3 .856 .888 .922 .960 4 .863 .894 .926 .962 5 .870 .899 .931 .964 6 .877 .905 .935 .966 7 .885 .911 .939 .968 8 .892 .916 .943 .970 9 .898 .922 .947 .973 10 .905 .927 .950 .974 11 .912 .932 .954 .976 12 .918 .937 .957 .978 13 .924 .942 .960 .980 14 .930 .946 .964 .981 15 .935 .951 .967 .983 16 .941 .955 .969 .984 17 .945 .959 .972 .986 18 .950 .962 .974 .987 19 .955 .966 .977 .988 20 .959 .969 .979 .989 21 or more .960 .970 .980 .990

Page 4672

Section 3. Option B Table. Period Factor 5 Years .973 10 Years .911 15 Years .842 20 Years .780 Section 4. Option C Tables. (a) The following table is to be used when the benefits under the Social Security Option are payable for life: Age Factor 50 0.29019 51 0.31906 52 0.35122 53 0.38712 54 0.42726 55 0.47225 56 0.52278 57 0.57966 58 0.64387 59 0.71653 60 0.79899 61 0.89284 62 1.00000 (b) The following table is to be used when the benefits under the Social Security Option cease at age 62: Age Factor 50 1.40883 51 1.46856 52 1.54136 53 1.63163 54 1.74599 55 1.89483 56 2.09545 57 2.37905 58 2.80798 59 3.52774 60 4.97485 61 9.33194 62 N/A Section 5. Other Annuity Forms. Conversion factors for other annuity forms shall be computed by an enrolled Actuary on an actuarially equivalent basis assuming that the Participant is retiring at age 65 and

Page 4673

using the UP-1984 Mortality Table without age setback with interest at 8%, regardless of the actual age and sex of any Participant or Beneficiary. If appropriate, such factors may vary by the difference between the Participant's age and the Beneficiary's age. Section 6. Other Forms of Payment. Other forms of benefit payment made under Article VI, Section 5, or upon plan termination, or if required for compliance with Section 401 (a) (9) of the Internal Revenue Code, shall be computed on the basis of the actual age of the Participant and/or Beneficiary at the time of distribution and under the following actuarial assumptions: (a) Interest: Rates that would be used to value the benefits for a Pension Benefit Guaranty Corporation trusteed single-employer plan which terminates on the first day of the claendar year in which the distribution is made. (b) Mortality: The mortality basis in use at the time of payment by the Pension Benefit Guaranty Corporation for male retirees regardless of the actual sex of any Participant or Beneficiary. (c) Age at Which Payments Begin: The greater of Normal Retirement Date or the age at time of distribution of the Participant and/or Beneficiary. ARTICLE IX CONTRIBUTIONS Section 1. Participant Contributions. (a) Each Eligible Employee, upon becoming a Participant, shall contribute to the Trust Fund each month an amount equal to three and one-half percent (3-1/2%) of his Earnings for that month. All Participant contributions shall be made in the form of deductions by the Employer from the salary or wage of each Participant. In no event shall Participants' contributions exceed fifty percent (50%) of the total cost of accrued benefits under the Plan. (b) If a Participant desires to withdraw his Accumulated Contributions upon Termination, he must make his request on a form provided for that purpose and forward same to the Pension Committee Secretary. Accumulated Contributions shall be returned to the Pension Committee Secretary within ninety (90) days of the receipt of the Participant's request for a return of Accumulated Contributions. A partial withdrawal of Accumulated Contributions is not permitted. Section 2. Employer Contributions. The Employer shall make the necessary Contributions to fund this Retirement Plan. The amount of these Contributions shall be based upon the actuarial assumptions adopted by the Board of Trustees, the benefits provided in this Plan, and the

Page 4674

number of Participants and their respective ages, Earnings, and lengths of Creditable Service and such other factors as the Board of Trustees shall deem appropriate to assure proper funding of this Plan. Contributions by the Employer shall be applied as necessary to assure the payment of Accrued Benefits to Participants and Beneficiaries. Contributions received by GMEBS by the last day of any month shall accrue interest from the first day of the following month. ARTICLE X PENSION COMMITTEE Section 1. Creation and Composition. There is hereby created a Pension Committee which shall be composed of the following: (a) The members of the Governing Authority. (b) Two (2) employee representatives elected annually by the Participants. Section 2. Responsibilities. The Pension Committee shall have the following responsibilities: (a) In its dealings with GMEBS or its duly appointed representatives, the Pension Committee shall: (1) Furnish all information with respect to enrollment of Employees. (2) Assure the collection and remittance to GMEBS of all required Contributions. (3) Furnish GMEBS, in accordance with its rules and regulations, all reports and other records required to administer this Plan. (4) Notify GMEBS, in accordance with its rules and regulations, of all benefit elections made by Participants under this Plan and all matters regarding payment of benefits. (5) Notify GMEBS of the termination of Participating Employees. (b) In dealing with those persons participating or eligible to participate in the Plan, the Pension Committee shall: (1) Be responsible for the enrollment of Eligible Employees. (2) Handle distribution of all reports to Participants. (3) Handle arbitration between the Employer and Participants in all matters regarding the Plan. (4) Handle any notices of eligibility, benefits, available options, and any other notices required by this Plan, Contract, or rules and regulations of GMEBS.

Page 4675

Section 3. Secretary. The Pension Committee shall designate, in writing, a secretary or other representative who shall have full authority to represent the Committee in all communications with GMEBS and the Employer's Employees. A copy of such written designation shall be forwarded to GMEBS. Section 4. Legal Assistance. The County Attorney or other attorney appointed by the Governing Authority shall furnish legal advice to the Pension Committee with respect to the Plan and the Committee's assigned responsibilities hereunder. ARTICLE XI BOARD OF TRUSTEES Section 1. Powers. The powers of the Board of Trustees of GMEBS as fixed by the Act of the General Assembly creating said Board (O.C.G.A. Section 47-5-1 et seq. ) as amended, are hereby incorporated as part of the Contract. The Employee agrees that, in the administration of the Plan, it will comply with all rules and regulations adopted by the Board of Trustees under its authority as granted by said Act. Section 2. Composition and Election. The composition of the Board of Trustees and the election of its members shall be as provided by an Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System (O.C.G.A. Section 47-5-1 et seq. ) and as may be provided in the bylaws of the Board of Trustees of the Georgia Municipal Employees Benefit System. Section 3. Officers. The election of officers by the Board of Trustees shall be conducted as may be prescribed by an Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System (O.C.G.A. Section 47-5-1 et seq. ) and as may be provided in the bylaws of the Board of Trustees of the Georgia Municipal Employees Benefit System. Section 4. Notice of Elections. The Board of Trustees shall provide through its bylaws for the giving of notice of elections, notice of any vacancy on the Board, the method of manner in which votes may be cast, and any other matter necessary or incident to the election of members of the Board. The Board may also provide for a proxy vote, and may determine how, when, and in what manner voting by proxy may be had in accordance with an Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System (O.C.G.A. Section 47-5-1 et seq. ) and as may be provided in the bylaws of the Board of Trustees of the Georgia Municipal Employees Benefit System. Section 5. Voting. Each GMEBS member employer shall be entitled to vote in any election or other matter placed before the membership as provided in the bylaws of the Board of Trustees of the Georgia Municipal Employees Benefit System.

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Section 6. Voting Representative for the Employer. The secretary or other designated representative of the Pension Committee shall be the official representative of the Employer insofar as matters pertaining to GMEBS are concerned and is hereby designated as such official representative to cast the Employer's vote in any election of members of the GMEBS Board of Trustees and in any other matters which the membership has the authority and responsibility for resolving, unless the Employer notifies GMEBS to the contrary in writing. ARTICLE XII JOINT TRUST AGREEMENT The Mayor is hereby designated and authorized to enter into, and execute on behalf of the Employer, the Joint Trust Agreement (attached as Appendix A to Ordinance No. 5399) with the Board of Trustees. ARTICLE XIII CLAIMS AND LITIGATION Section 1. Disputes. In the event of disagreement between a Participant and the Employer with respect to any rights, claims, or responsibilities under the Plan which cannot be resolved by the Pension Committee as provided under Article X, the Participant may file an appeal of any denial of benefits to a court of competent jurisdiction. In the event of a suit or other legal action by a Participant or Beneficiary, such action shall be defended in the same manner as other suits against the Employer. Any legal action on behalf of the Employer with regard to the Plan shall be first authorized by the Governing Authority and shall be conducted in the manner prescribed by the Governing Authority. GMEBS shall have no responsibility to defend or pursue legal action arising under the Plan. Section 2. Failure to Act. GMEBS shall not be responsible for the failure of the Employer to perform any of its obligations under the Plan, including the duty to remit payments to GMEBS, to provide necessary records concerning Participants and their Earnings to GMEBS, or any other functions required of the Employer by the Plan, Contract, or by the rules and regulations of GMEBS. ARTICLE XIV AMENDMENT AND TERMINATION Section 1. Amendment of the Plan. The Governing Authority shall have the right at any time, and from time to time, to amend, in whole or in part, any or all of the provisions of the Plan; provided, however, that no such amendment shall: (a) Reduce the benefits of any Participant or Beneficiary; or,

Page 4677

(b) Authorize or permit any part of the Trust Fund held by the Board to be diverted to purposes other than for the exclusive benefit of Participants and their Beneficiaries; or, (c) Operate to deprive any Participant or Beneficiary of any rights or benefits irrevocably vested in him under the Plan prior to such Amendment, except that the Governing Authority may make any and all changes or modifications necessary to qualify the Plan or to keep the Plan qualified under the Internal Revenue Code and the regulations thereunder, or any amendment thereto; or, (d) Become effective until approved by the Board. In order to be approved by the Board, any amendment must comply with all applicable state and federal laws. If the Board does not approve an amendment, the Board shall continue to administer the Plan as if such amendment had not been made. Section 2. Amendment of the Plan to Transfer Assets; Termination of Trust Agreement. (a) The Employer may amend the Plan and Contract so as to provide for the transfer of assests to successor trustees and to terminate the existing Trust Agreement between the Employer and the Board. Any such ordinance shall comply with Section 1 of this Article and with the requirements of the rules and regulations of the Board of Trustees regarding amendment and transfer of Plan assets. (b) In addition to other requirements, such ordinance shall: (1) Designate a new trustee or trustees to replace the Board of Trustees; (2) Establish a termination date, in accordance with the rules and regulations of the Board of Trustees, which shall be used for purposes of the final audit; (3) State that the existing Retirement rights of Employees, Participants, and Beneficiaries shall not be impaired. (c) The Board, in accordance with its current rules and regulations, shall cause to be prepared, an audit of the GMEBS Investment Fund in accordance with generally accepted accounting practices to determine the value of the Trust Fund as of the termination date. The Board shall then deduct from the Trust Fund the total expenses incurred or to be incurred by GMEBS in terminating the Plan. Distribution of assets to the successor trustees shall then occur within the time limit specified in Article XII of the Joint Trust Agreement. Section 3. Termination of the Plan and Distribution of Assets to Retired Participants, Beneficiaries, and other Participants. (a) The Employer expects the Plan to be continued indefinitely but, of necessity, reserves the right to terminate the Plan and Contributions

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thereunder at any time by action of the Governing Authority. Such termination shall be accomplished by the adoption of an ordinance by the Governing Authority terminating the Plan. Such ordinance shall conform to the rules and regulation of the Board of Trustees governing Plan termination. (b) Upon termination, the Accrued Benefits of Participants shall be vested. The Pension Committee shall notify Participants, Terminated Participants, Retired Participants, and Beneficiaries of the termination of the Plan, and shall provide a copy of such notice and the names and addresses of the persons notified to the Board. (c) Upon termination, the Employer shall provide to GMEBS, current Participant information necessary to calculate Accrued Benefits. Upon receipt of such information, GMEBS shall prepare a list of all Participants and Beneficiaries, showing for each the present value of his Accured Benefit, as determined by the GMEBS Actuary, as of the date of termination. (d) The Board, in accordance with its current rules and regulations, shall cause to be prepared, an audit of the GMEBS Investment Fund in accordance with generally accepted accounting practices to determine the value of the Trust Fund as of the termination date. All mandatory Participant Contributions, if any, plus interest, shall be paid from the Trust Fund to the Participants. The Board shall then deduct from the Trust Fund the total expenses incurred or to be incurred by GMEBS in terminating the Plan. The Board, pursuant to its rules and regulations, shall then allocate the remaining assets for distribution of the present value of Accrued Benefits in lump sums to the classes listed below. The benefits of each class shall be satisfied before proceeding to the next class. If at any time the remaining Plan assets would be insufficient to provide the present value of Accrued Benefits for the class in question, the remaining assets shall be applied on a pro rata basis within that class, and all subsequent classes shall receive no benefit. CLASS 1 Retired Participants or Beneficiaries who are receiving payments as of the termination date. CLASS 2 Participants delaying Retirement beyond the Normal Retirement Date. CLASS 3 Participants eligible for Early Retirement. CLASS 4 Other Participants, terminated or active, who have met the requirements for vesting as of the termination date. CLASS 5 All other Participants on a pro rata basis. Payment of benefits to Retired Participants, Beneficiaries, and Participants by GMEBS as a result of a Plan termination shall be limited solely to the assets available in the Trust Fund.

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(e) In its termination ordinance, the Governing Authority shall instruct GMEBS as to the distribution of excess assets, if any, remaining after the satisfaction of Accrued Benefits for the classes enumerated herein. In the absence of such instructions, any excess assets shall be distributed to the Employer. (f) Upon distribution of the assets as specified above, the Plan and Contract shall be regarded as terminated and no Participant or Beneficiary shall have any further rights or claim therein. Section 4. Involuntary Termination. (a) GMEBS may discontinue administration of the Plan and terminate its trusteeship in the event of any of the following occurrences: (1) Failure of the Employer to comply with the terms of the Contract, but not limited to, failure to pay required Contributions; or, (2) Insistence by the Employer on enforcing an amendment to the Plan which the Board had disapproved; or, (3) Failure of the Employer to adopt within six (6) months, any Plan amendment which the Board has deemed necessary to keep the Plan in compliance with applicable state or federal laws or regulations. (b) In the event of an involuntary termination, the members of the Governing Authority shall become successor trustees for the Plan. (c) The Board shall notify the Governing Authority, Participants, and Beneficiaries in writing of an involuntary termination and the reasons therefor. Said notice shall also fix a termination date. Payment of benefits to Retired Participants and Beneficiaries shall become the responsibility of the Governing Authority, as successor trustees, as of the termination date. (d) The Board, in accordance with its current rules and regulations, shall cause to be prepared, an audit of the GMEBS Investment Fund in accordance with generally accepted accounting practices to determine the value of the Trust Fund as of the termination date. The Board shall then deduct from the Trust Fund the total expenses incurred or to be incurred by GMEBS in terminating the Plan. Distribution of assets to the Governing Authority, as successor trustees, shall then occur within the time limits specified in Article XII of the Joint Trust Agreement. ARTICLE XV MISCELLANEOUS Section 1. Construction. (a) In the construction of the Plan all masculine shall include the feminine and the singular the plural in all cases where such meanings would be appropriate.

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(b) The Plan shall be construed in accordance with the Laws of the State of Georgia. (c) In the event that any section, subsection, sentence, clause or phrase of this Agreement shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Agreement, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Agreement or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 2. Non-Alienation of Benefits. None of the benefits, payments, proceeds or distributions payable under the Plan shall be subject to the claim of any creditor of any Participant or to the claim of any creditor of any Beneficiary hereunder, or to any legal process of levy or attachment by any creditor of any such Participant or Beneficiary; and no such benefits shall be in any manner liable for or subject to the debts, liabilities, engagements, or torts of any Participant or Beneficiary; and neither any such Participant or Beneficiary shall have any right to alienate, commute, anticipate, transfer, encumber, pledge, or assign any of the benefits, payments, proceeds, or distributions under the Plan. Section 3. Legally Incompetent. Any Participant or Beneficiary receiving or claiming benefits under the Plan shall be conclusively presumed to be mentally competent and of age until the Pension Committee receives a written notice, in a form and manner acceptable to it, that such person is incompetent or a minor, and that a guardian or other person legally vested with the care of his estate has been appointed. In the event a guardian of the estate of any person receiving or claiming benefits under the Plan shall be appointed by a court of competent jurisdiction, payments shall be made to such guardian provided that proper proof of appointment is furnished in a form and manner suitable to the Pension Committee. Any payment so made shall be a complete discharge of liability therefor under the Plan. Section 4. Benefits Supported Only by Trust Fund. Any person having any claim under the Plan shall look solely to the assets of the Trust Fund for satisfaction. In no event shall the Employer, or any of its employees or agents, be liable in their individual capacities to any person whomsoever, under the provisions of the Plan or of the Joint Trust Agreement. Section 5. Discrimination. The Employer, through the Pension Committee, shall administer the Plan in a uniform and consistent manner with respect to all Participants.

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Section 6. Limitation of Liability; Legal Actions. (a) It is expressly understood and agreed by each Employee who becomes a Participant hereunder that, except for willful neglect or fraud, neither the Employer, the Pension Committee, nor the Board of Trustees shall be in any way subject to any suit or litigation, or to any legal liability, for any cause or reason or thing whatsoever, in connection with the Plan or its operation, and each such Participant hereby releases the Employer, all its employees and agents, the Pension Committee, and the Board of Trustees from any and all liability or obligation. (b) The Employer and the Pension Committee shall be the only necessary parties to any action or proceeding involving any rights under the Plan or the proper administration thereof, and no Participant, Beneficiary, or other persons having or claiming to have an interest in the Plan shall be entitled to any notice of process. Any final judgment which is not appealed or appealable that may be entered in any such action or proceeding shall be binding and conclusive on the parties hereto and all persons having or claiming to have an interest in the Plan. Section 7. Claims. Any payment to a Participant or Beneficiary, or to their legal representatives, in accordance with the provisions of the Plan, shall to the extent thereof be in full satisfaction of all claims hereunder against the Pension Committee or the Employer, either of which may require such Participant, Beneficiary, or legal representative, as a condition precedent to such payment, to execute a receipt and release therefor in such form as shall be determined by the Pension Committee or the Employer. Section 8. Reserved. Section 9. Intent. The Employer hereby agreed to abide by the by-laws and the rules and regulations of the Board of Trustees of GMEBS in all matters pertaining to the operation and administration of the Contract. It is intended that the Act creating the Board of Trustees of GMEBS, the by-laws of the Board, the rules and regulations of the Board, and this Contract are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (a) The Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System, O.C.G.A. Section 47-5-1 et seq.; (b) The by-laws of the Board; (c) The rules and regulations of the Board; (d) This Ordinance and Contract. Section 10. Fraud, Embezzlement, Theft, and Dismissal for Cause. In the event the Employer shall receive prior to a Participant's actual

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Retirement date, written confession by such Participant, or proof satisfactory to the Governing Authority that such Participant has committed or has been convicted of having committed an act of fraud, embezzlement, or theft in connection with his duties or in the course of his employment with the Employer, or in connection with the Plan, his participation in the Plan shall be forthwith terminated; and any vested interest other than his own accumulated contributions, if any, that such Participant may have in the fund shall be forfeited. Section 11. Errors in Computation of Benefits. Any overpayments or underpayments from the Trust Fund to a Retired Participant or to a Beneficiary caused by errors of computation shall be corrected with interest compounded annually from the date of the miscalculation. The rate applied shall be the actuarial assumption rate utilized by the Plan actuary for estimating future Plan investment earnings as of the date of the correction. Overpayment shall be charged against Retirement payment next succeeding the correction. Underpayments shall be made up from the Trust Fund. ARTICLE XVI REPEALER CLAUSE All ordinances or parts of Ordinances in conflict herewith are hereby expressly repealed. Section 11. Any employee in the active employ of the Employer on the effective date of this Ordinance [March 1, 1987], who immediately prior thereto shall have been included in the superseded plan or plans, shall continue to make the contributions required thereunder, and shall maintain his eligibility as a participant under such superseded plan or plans, and shall retain any entitlement to retirement benefits originally provided under the superseded plan or plans upon his actual termination of employment and/or attainment of his retirement date in accordance with the provisions of the superseded plan. Such benefits shall be based upon the provisions of the superdeded plan or plans. Section 12. An employee of the Employer, who on the effective date of this Plan [March 1, 1987] shall have been included in the superseded plan or plans, shall not be deemed to be an eligible employee for the purpose of participating in the benefits provided by this Plan. Section 13. Any employee hired by the Employer on or after the effective date of this Ordinance [March 1, 1987] shall not be eligible to participate in any superseded retirement plan or plans. This retirement plan shall be deemed to be the only retirement plan available for employees hired on or after such effective date. Section 14. In the event any section, subsection, sentence, clause or phrase of this Ordinance shall be declared or adjudicated invalid or

Page 4683

unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Ordinance, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Ordinance or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. Section 15. This ordinance is adopted by the Augusta-Richmond County Commission Council under the authority of O.C.G.A. Chapter 47-5 and pursuant to the provisions of O.C.G.A. 36-35-3, providing for Home Rule for Municipalities and pursuant to the provisions of the Constitution of the State of Georgia which provide for home rule by counties. Section 16. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 17. Article IV.A. titled Enhanced Early Retirement is repealed as of January 1, 1997; provided, however, such repeal shall not affect rights vested under said Section IV.A. Section 18. This ordinance shall become effective upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with all applicable law. ADOPTED this 20th day of August, 1996 and this 3rd day of September, 1996. Augusta-Richmond County Commission-Council By: Larry E. Sconyers As its Mayor Attest: Lena J. Bonner Clerk I, the undersigned, LENA BONNER, CLERK, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the said Augusta-Richmond County Commission-Council at two consecutive meetings, held, on the following dates, to-wit: August 20, 1996, and September 3, 1996, as the same appear on the minutes of said Commission-Council. This 3 day of September, 1996. Lena J. Bonner Clerk

Page 4684

APPENDIX A to The Retirement Plan of The Augusta-Richmond County, Georgia JOINT TRUST AGREEMENT This Agreement between the Augusta-Richmond County, Georgia, and the Board of Trustees of the Georgia Municipal Employees Benefit System, a public corporation established by O.C.G.A. 47-5-1 et seq. WITNESSETH: WHEREAS, the Augusta-Richmond County, Georgia desires to provide Retirement Benefits for the sole and exclusive benefit of its Employees, and for such purpose has heretofore on the 8th of October 1996, adopted an Ordinance providing for the terms and conditions of such benefits, all in accordance with the above stated Act, and which has been accepted by the Board and is herein referred to as the Contract; and WHEREAS, such Contract provides for the execution of this Trust Agreement with the Georgia Municipal Employees Benefit System; NOW, THEREFORE, in consideration of the mutual promises, purposes, and trusts herein contained and contained in said Contract, it is mutually agreed as follows: ARTICLE I. DEFINITIONS The definition of terms contained in Article II of the Plan shall govern the meaning of such terms used in this Joint Trust Agreement. ARTICLE II. TRUST FUND Section 1. a. Payments to the Board shall be remitted from time to time in accordance with the terms of said Contract and said moneys, which are the subject of this Trust, shall be held, administered, invested, reinvested, and distributed, all in accordance with this Trust instrument. b. The Board's responsibilities shall be as fixed by the said Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System, by this instrument, and by the said Contract. The Board is specifically held harmless by the Employer from any liability to any Participating Employee for benefits under the Employer's Plan, but shall be responsible only to the Employer for the proper administration of the moneys paid to the Board and payment of such moneys as directed by the Employer or its Pension Committee. Section 2. It is the intent and purpose of this agreement that this Trust be one of several trusts executed under authority of an Act creating the Board of Trustees of the Georgia Municipal Employees Benefit System. It is

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understood by the parties to this Trust Agreement that it be similar in nature to other trust instruments executed with the Board of Trustees of the Georgia Municipal Employees Benefit System, and the Board is hereby authorized to commingle assets of this Trust Fund with assets of other such Trust Funds of a similar nature in a common fund known as the GMEBS Investment Fund. ARTICLE III. POWERS Section 1. The Board may place assets held by it with banks or trust companies having corporate trust powers and authorized to do business in the State of Georgia, and to authorize any such bank or trust company to invest and reinvest such assets for its account, subject to the provisions relating to permissible investments in Chapter 5 of Title 47 of the Official Code of Georgia Annotated. The Board may employ such banks and trust companies as agents for the keeping of records and the receipt and disbursement of moneys held by or, due the Board. Section 2. The Board may place assets held by it with insurance companies authorized to do business in the State of Georgia for the purpose of investment at guaranteed or anticipated rates of interest. The Board may purchase insurance contracts on the lives of Participating Employees and may purchase annuity contracts to provide Retirement benefits to Participating or retired Employees and pay all premiums thereon. The Board may employ such insurance companies to provide actuarial advice and to provide services in the keeping of records and the receipt and disbursement of moneys held by or due the Board. Section 3. The Board is authorized to invest and reinvest assets held by it in any investments which are legal investments for domestic insurance companies under the Laws of Georgia, or in any investments authorized for trustees of private retirement plans by the Employees Retirement Income Security Act of 1974, as amended, or in any investments which may become such legal investments by future amendment to the applicable laws, and to purchase, acquire, hold, lease, sell and convey real and personal property. ARTICLE IV. MANAGEMENT OF FUNDS Section 1. The Board shall maintain: a. A Contribution account for the City, to which shall be credited its Contributions and Interest, if any, under the Plan, and b. Such other accounts, if any, as may be reasonably required in the discretion of the Board. Section 2. There shall be charged against the above accounts all payments made therefrom pursuant to the terms of the Contract and the rules and regulations of GMEBS. Section 3. The interest of the Employer in the GMEBS Investment Fund, and the interest of Participants in such Fund when employee contributions

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are made, shall be represented by units which shall constitute equal shares in such fund. The Board may, from time to time, establish new or additional funds and separate and place therein new Contributions rather than adding to the existing funds, and units therein shall represent equal shares in the respective funds. Section 4. The Board shall prescribe in its rules and regulations the method of valuation of assets. ARTICLE V. VALUATION OF FUNDS Section 1. The Board shall determine the principal and Interest of the Trust Fund on periodic valuation dates, established by the Board, but at least each twelve (12) months. Interest shall be determined by the Board in accordance with an establishd method which it may prescribe in its rules and regulations. The Interest shall be added to, and become a part of, the principal of the Trust Fund on such valuation date as established by the Board. Section 2. The principal value on any valuation date of each unit into which the fund is divided, as herein provided, shall be determined by dividing the then principal value of the fund by the number of units into which the fund is then divided. ARTICLE VI. AUDIT OF FUNDS At least once during each period of twelve (12) months, an audit shall be made of the GMEBS Investment Fund by independent certifid public accountants responsible only to and appointed by the Board. The accountants appointed shall include in each audit a statement of the accounts of the Board, a list of investments, and other assets comprising the GMEBS Investment Fund as of the date of the audit, which shall mean the last day of the period covered, and shall show the valuation placed on each item in accordance with the valuation method adopted by the Board, as of the date of the audit, a statement of all Interest and disbursements since the last such audit, and appropriate comments as to any investment in default as to principal or interest. Promptly upon receipt by the Board of each audit, the Board shall send to each Employer a copy thereof. ARTICLE VII. ANNUAL REPORT The Board shall file with the Employer a written annual report showing pertinent transactions affecting its respective account since the last previous such report. Within ninety (90) days of the receipt of such report, the Employer may file written objections with the Board, with respect to any transaction regarding its account as shown in such report. ARTICLE VIII. EXPENSES Each Employer hereby agrees to pay, in addition to its Contributions, and the Board is authorized to charge the Employer, an administrative fee based upon a uniform schedule of expense charges adopted by the Board

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of Trustees and applicable to all Members. It is understood that such schedule may be amended from time to time by the Board, but the Board shall base such schedule on the total amount of administrative expenses necessary to administer the System, based on a realistic budget adopted and approved by the Board at periodic intervals. ARTICLE IX. INVESTMENT LIMIT Funds deposited by the Board with any one bank or trust company shall not exceed twenty-five percent (25%) of the combined capital and surplus of such bank or trust company. Such bank or trust company shall give bond or pledge sufficient federal or municipal securities to secure the deposit of the Board. ARTICLE X. DISBURSEMENTS FROM TRUST FUND Section 1. Upon receipt of a written application on a form designated for such purpose and signed by the Pension Committee Secretary, the Board shall issue checks for benefits calculated in accordance with the provisions of the Plan, or for the return of Employee Contributions, when applicable. Section 2. The Board shall not be liable for any action taken at the direction of the Employer, Pension Committee, or Pension Committee Secretary. If action by the Board can be reasonably taken only after receipt of direction from the Employer, Pension Committee, or Pension Committee Secretary, the Board may request, in writing, direction from the Employer, Pension Committee, or Pension Committee Secretary, and the Board shall not be liable for failure to act pending the receipt of such direction. Section 3. The Board shall not be responsible for the failure of the Employer to perform any of its obligations under the Plan, including the duty to remit payments to the Board, to provide necessary records concerning Participating Employees and their Earnings to the Board, or failure to abide by any other procedures required by the rules and regulations of the Board. Section 4. The Board shall not be responsible to the Employer or to any Participating Employee for any obligations beyond the extent of the Trust Fund. The Board shall not incur any liability as a result of the voluntary or involuntary termination of the Plan by the Employer. ARTICLE XI. FAILURE TO MAKE CONTRIBUTIONS If the Employer does not make a Contribution within ninety (90) days of the due date of said Contribution, and if in the opinion of the Board such failure jeopardizes the accruing rights of participating Employees, the Board shall notify each participating Employee in writing at his last known place of residence of the delinquency. Under such conditions, the Board shall continue to manage the Trust Fund, until the Employer or the Board exercises its termination rights, so long as the assets attributable to the Employer are sufficient to cover the expenses of GMEBS and to meet the

Page 4688

cost of retirement benefits as Participants retire. When the Trust Fund is no longer adequate to meet these obligations, the Plan shall automatically terminate in accordance with Article XIV of the Plan. When the total amount of the Trust Fund subject to withdrawal has been paid in accordance herewith, this trust shall terminate and the Board shall have no further responsibility hereunder. ARTICLE XII. WITHDRAWAL AND TRANSFER OF TOTAL TRUST FUND The Employer may direct the Board to transfer the amount of the Trust Fund subject to withdrawal to a successor trustee or trustees. From the date of receipt of such request, the Board shall, within a period not to exceed six (6) months, return at least one-twelfth (1/12) of the amount subject to withdrawal, and shall continue to return one-twelfth (1/12) of such transferable amount on the first day of each month thereafter until the total amount subject to withdrawal is transferred. When the total amount of the Trust Fund subject to withdrawal has been paid in accordance with this Article, this trust shall terminate and the Board shall have no further responsibility hereunder. Such transfer shall constitute an amendment and termination of the Plan and as such shall be subject to the provisions of Article XIV of said plan. ARTICLE XIII. TERMINATION Either the Employer or the Board may terminate this Trust Agreement at any time in accordance with Article XIV of the Plan. IN WITNESS WHEREOF, the Augusta-Richmond County has caused its Seal and the Signatures of its duly authorized officers to be affixed this 8th day of October, 1996. CITY SEAL Attest Lena J. Bonner City Clerk Larry E. Sconyers Mayor Approved as to Form and Substance: James B. Wall City Attorney IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the Signatures of its duly authorized officers to be affixed this 22nd day of October, 1996. Board of Trustees Georgia Municipal Employees Benefit System Sonya Carter Chairwoman Attest: James A. Calvin Secretary (SEAL)

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AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY James B. Wall BUSINESS____________________ STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Violet Brissey to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Chronicle, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Aug 7, 1996, Aug 12, 1996, Aug 19, 1996,__________, 19_____, and finds that the following advertisement appeared in each of said editions, to wit: Violet Brissey (deponent) Sworn to and subscribed before me this 29 day of Aug, 1996. Betty F. Jarriel Notary Public, Richmond County, Georgia My Commission expires December 20, 1996. PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission-Council, at its regular meeting on August 20, 1996, and on September 3, 1996, an Ordinance to amend the 1987 RETIREMENT PLAN FOR EMPLOYEES OF THE CITY OF AUGUSTA (City of Augusta Ordinance No. 5399, as amended) so as to substitute the Augusta-Richmond County Commission-Council for the City Council; to substitute Augusta-Richmond County for the City of Augusta in all references to the City of Augusta in said plan; to change the name of JMEBS and the Joint Municipal Employees Benefit System; to change the membership of the pension committee; to change the provisions of the plan regarding the resolution of disputes; to restate the 1987

Page 4690

Retirement Plan for Employees of the City of Augusta; to repeal conflicting ordinances; to provide an effective date; and for other purposes. The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission-Council to adopt said Ordinances at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. 36-35-3, providing for home rule by municipalities and the Constitution of the State of Georgia providing for home rule by counties. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th floor, 500 block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk of the Commission-Council for any member of the public. This 2nd day of Augusta, 1996. JAMES B. WALL County Attorney Richmond County, Georgia Aug. 7, 12, 19, 1996. Filed in the Office of the Secretary of State October 7, 1996. AUGUSTA-RICHMOND COUNTY NAMES AND DESIGNATIONS. ORDINANCE NO. 5875 AN ORDINANCE TO AMEND THE CONSOLIDATION ACT, 1995 GA. LAWS, P. 3648, PURSUANT TO SECTION 15 OF SAID ACT, AND PURSUANT TO THE HOME RULE PROVISIONS OF THE GEORGIA CONSTITUTION, SO AS TO CHANGE THE NAME AND DESIGNATION OF THE BOARD OF COMMISSIONERS, TO CHANGE THE NAME AND DESIGNATION OF THE CHAIRPERSON-MAYOR, THE VICE CHAIRPERSON-MAYOR PRO TEMPORE AND OF THE COMMISSIONERS-COUNCILPERSONS; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL, AND IT IS HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOWS:

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Section 1. The ACT TO PROVIDE THAT THE GOVERNING AUTHORITY OF RICHMOND COUNTY SHALL BE A BOARD OF COMMISSIONERS CONSISTING OF A CHAIRPERSON-MAYOR AND TEN MEMBERS, TO DESIGNATE THE BOARD AS THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL AND THE MEMBERS OF THE BOARD AS COMMISSIONERS-COUNCILPERSONS, AND FOR OTHER PURPOSES, 1995 Ga. Laws, p. 3648 (hereinafter referred to as the Consolidation Act) is hereby amended such that the designation of the Board of Commissioners of Richmond County as the Augusta-Richmond County Commission-Council is hereby changed such that it shall be designated as the Augusta-Richmond County Commission. All references to the Augusta-Richmond County Commission-Council are amended by substituting in lieu thereof the designation Augusta-Richmond County Commission, and all references to the Commission-Council are amended by substituting in lieu thereof the designation Commission. Section 2. The Consolidation Act is further amended by changing the designation of the Mayor-Chairperson to the Mayor, and by substituting the designation Mayor for each and every reference to the Mayor-Chairperson in said Act. Section 3. The Consolidation Act is further amended by changing the designation of the Vice Chairperson-Mayor Pro Tempore to the Mayor Pro Tempore, and by substituting the designation Mayor Pro Tempore for each and every reference to Vice-Chairperson-Mayor Pro Tempore in said Act. Section 4. The Consolidation Act is further amended by changing the designation of Commissioner-Councilperson to Commissioner, and by substituting the designation Commissioner for each and every reference to Commissioner-Councilperson in said Act. Section 5. This Ordinance is adopted by the Augusta-Richmond County Commission-Council pursuant to the provisions of the Constitution of the State of Georgia which provides for Home Rule by Counties, and further pursuant to the provisions of Section 15 of said Consolidation Act. Section 6. All laws or ordinances or parts of laws or ordinances in conflict with this Ordinance are hereby repealed. Section 7. This Ordinance shall become effective upon its being filed with the Secretary of State of Georgia in accordance with all applicable law. Adopted this 17 day of September, 1996 and this 1 day of October, 1996. AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL

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By: Larry E. Sconyers As its Mayor ATTEST: Lena J. Bonner Clerk First reading 9-17-96 Second reading 10-01-96 CERTIFICATION: I, Lena J. Bonner, Clerk of Commission, hereby certify that the above is a true and correct copy of Ordinance No. 5875 adopted by the Augusta-Richmond County Commission on September 17 and October 1, 1996. Lena J. Bonner Clerk of Commission AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY James B. Wall BUSINESS ____________________ STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Violet Brissey to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Chronicle, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Aug 27, 1996, Sept 3, 1996, Sept 10, 1996, __________, 19__, and finds that the following advertisement appeared in each of said editions, to-wit: Violet Brissey (deponent) Sworn to and subscribed before me this 13th day of Nov, 1996.
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Betty F. Jarriel Notary Public, Richmond County, Georgia My commission expires December 20, 1996. PUBLIC NOTICE The public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission-Council, at its regular meeting on September 17, 1996, and on October 1, 1996, an Ordinance to amend the ACT TO PROVIDE THAT THE GOVERNING AUTHORITY OF RICHMOND COUNTY SHALL BE A BOARD OF COMMISSIONERS CONSISTING OF A CHAIRPERSON-MAYOR AND TEN MEMBERS, TO DESIGNATE THE BOARD AS THE AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL AND THE MEMBERS OF THE BOARD AS COMMISSIONERS-COUNCIL PERSONS, AND FOR OTHER PURPOSES (Ga. L. 1995, p. 3648) so as to change the name and designation of the Board of Commissioners, the Chairperson-Mayor, the Vice-Chairperson-Mayor Pro Tempore and the Commissioners-COUNCILPERSONS; to provide an effective date; and for other purposes. The public is hereby further notified that it is necessary for the Augusta-Richmond County Commission-Council to adopt said Ordinance at two consecutive meetings held not less than seven nor more than sixty days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by Article IX, Section 2, Paragraph 1 of the 1983 Constitution of the State of Georgia. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th floor, 500 block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk of the Commission-Council for any member of the public. This 22nd day of August, 1996. JAMES B. WALL County Attorney Richmond County, Georgia Aug. 27, Sept. 3, 10, 1996 Filed in the Office of the Secretary of State November 21, 1996. COBB COUNTY CIVIL SERVICE SYSTEM. COBB COUNTY AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF COBB COUNTY UNDER THE HOME RULE PROVISION FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT OF THE GENERAL ASSEMBLY OF 1964, GEORGIA LAWS 1964, PAGE 2502, ET SEQ., AS AMENDED AUTHORIZING THE ESTABLISHING OF A CIVIL SERVICE SYSTEM IN COBB COUNTY FOR THE EMPLOYEES OF COBB COUNTY, PRESCRIBING THE CIVIL SERVICE BOARD'S DUTIES, RESPONSIBILITIES, TERMS OF OFFICE, METHOD OF APPOINTMENT AND RELATED MATTERS, SO AS TO AMEND SAID 1964 ACT TO PROVIDE FOR THE EMPLOYEES TO BE INCLUDED GENERALLY, EMPLOYEES INCLUDED SPECIFICALLY AND ELECTING TO COME WITHIN, BOARD MEMBERS AND QUALIFICATIONS, VACANCY IN MEMBERSHIP AND FILLING OF VACANCY, REMOVAL OF MEMBERS FOR CAUSE, RESPONSIBILITY OF THE BOARD, MEETINGS OF THE BOARD, DUTIES AND FUNCTIONS OF THE BOARD, DISMISSAL OF EMPLOYEES, POLITICAL OR RELIGIOUS AFFILIATION/ACTIVITIES OF CIVIL SERVICE EMPLOYEES, AND FOR OTHER PURPOSES.

Page 4694

BE IT ORDAINED by the Board of Commissioners of Cobb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the Home Rule Provision for Counties of the Constitution of the State of Georgia, that the Act, as amended pertaining to the Cobb County Civil Service authorizing the establishing of a civil service system in Cobb County for the employees of Cobb County, authorizing the establishment of a Civil Service Board, prescribing its duties, responsibilities, terms of office, method of appointment and related matters, Ga. Laws 1964, page 2502, et seq., as amended be and the same is hereby further amended as follows: By deleting Section 2 (Ga. Laws 1964, page 2503 as amended [Shown as Section 2-4-2 in the Cobb County Code]) in its entirely and substituting in lieu thereof the following: Section 2. System created; employees included generally. (a) There is hereby created in Cobb County a civil service system or merit system of personnel administration, to be known as the Cobb County civil service system. All persons who receive salaries or wages in whole or in part from Cobb County may be placed under said civil service system except (1) any persons occupying unclassified positions, (2) all Cobb County board of education employees, (3) all appointed boards, (4) members of commissions or authorities, (5) part-time, temporary, and per diem employees, (6) court reporters for the courts of Cobb County, (7) the County Manager and employees of his or her office, (8) personal staff of the Board of Commissioners, (9) all Judges and their personal staff, and (10) any other persons or officials expressly exempt by law. (b) The governing authority of Cobb County is hereby expressly delegated the authority to amend this Act, pursuant to the authority for county home rule granted by Article IX, Section II, Paragraph I of the

Page 4695

Constitution of the State of Georgia, 1976. The personnel who have or hereafter become subject to this Act shall be placed under the jurisdiction of the county governing authority for the purpose of the Cobb County civil service system. By deleting Section 5 (Ga. Laws 1964, page 2505 as amended [Shown as Section 2-4-3 in the Cobb County Code]) in its entirety and substituting in lieu thereof the following: Section 5. Employees included; electing to come within. Included under the jurisdiction of the Cobb County civil service board and as members of the said Cobb County civil service system shall be all eligible personnel in the following departments: 1) Community Development; 2) Corrections; 3) County Attorney's Office; 4) Elections and Registration; 5) Finance; 6) Fire; 7) Information Services; 8) Internal Audit; 9) Juvenile Court; 10) Parks, Recreation, and Cultural Affairs; 11) Personnel; 12) Police; 13) Property Management; 14) Public Safety; 15) Purchasing 16) Senior Services; 17) Sheriff's Office; 18) Tax Assessors; 19) Tax Commissioner; 20) Transportation; and 21) Water.

Page 4696

All other personnel of Cobb County except those heretofore expressly excluded may come under the jurisdiction of the said civil service board as members of the said Cobb County civil service system, providing their respective departments have elected to be governed under the Cobb County civil service system according to the procedure hereinafter set out. Each respective department of Cobb County, other than those hereinabove specified, shall have the option of determining whether or not that department shall be governed by the civil service system of Cobb County. Upon a petition signed by twenty (20) per cent or more of the employees of a department, including those eligible and ineligible for civil service status, being presented to the said civil service board stating that those employees desire that an election be conducted to determine whether or not this particular department shall be governed by the Cobb County civil service system, the board shall set a date for an election for that purpose. Only one such election shall be held for each department in any one calendar year. Said election shall be conducted according to the procedures set out by the board, but shall be by secret ballot of all the employees of the petitioning department. If two-thirds (2/3) or more of those employees voting elect to be governed under the Cobb County civil service system, then that department and all of its eligible personnel shall be included under the jurisdiction of the said civil service board. A department for the purposes of this chapter shall mean a group of employees so designated as a department by the governing authority of Cobb County. By deleting Paragraphs (a), (f), (g), and (h) of Section 3 (Ga. Laws 1964, page 2504 as amended [Shown as Paragraphs (a), (f), (g), and (h) of Section 2-4-4 in the Cobb County Code]) in their entirety and substituting in lieu thereof the following: paragraphs (a), (f), (g), (h) and (i). Section 3. Civil service board Created; members. (a) There is created and established the Cobb County Civil Service Board which shall consist of five (5) members who shall have been residents of Cobb County for two (2) years or more immediately prior to the date of taking office and who shall hold no other elected, appointed, or salaried public office or position, or occupy any other position where wages are paid in whole or part by either federal, state, county, or municipal funds, either during the six month period preceding appointment or for the duration of the term. A person shall not be eligible to serve as a member if he or she has a family member who holds an elected, appointed, or public office or position in Cobb County or who occupies any position where wages are paid in whole or in part by Cobb County during any portion of the term of office, or has held such an office or position during the six months period preceding the appointment or election. Family Member is defined as spouse, son, daughter, father, mother, brother, sister, step-father, step-mother, step-son, step-daughter, step-brother, stepsister, son-in-law, or daughter-in-law.

Page 4697

(f) The five (5) members of the civil service board shall designate one of their number as chairman and another as vice-chairman. No board member may serve as chairman of the Cobb County civil service board for more than two (2) consecutive years. Members of the civil service board shall be paid a sum of one hundred fifty dollars ($150.00) per month. (g) A vacancy in the membership of the Board caused by a member's death, resignation, disqualification, removal for cause, or other condition shall be filled in the same manner as the member of the post in which the vacancy occurred was appointed. Except, if less than one year of the term remains at the time the vacancy occurs, then such vacancy shall be filled by appointment of the Board of Commissioners to fill the unexpired term. Notwithstanding the foregoing, the Board of Commissioners shall have the right to make an interim appointment during any time a vacancy exists. (h) A board member whose term has expired shall continue to serve until the successor to the post occupied by that board member has been either elected or appointed and the successor has qualified to serve. (i) No member of said civil service board may be removed prior to the expiration of his or her term except for cause, after having been given notice and afforded a public and open hearing before the governing authority of said county, pursuant to procedures established by said governing authority. Prior to said hearing, said member shall be served personally or by registered or certified mail addressed to his residence as shown in the files of said governing authority at least ten (10) days before the date set for hearing with written specification of charges. Any person or persons desiring a board member be removed for cause must file a petition with the Clerk of the governing authority stating the reasons such member should be removed for cause. The Clerk will have the duty of notifying said member of the petition and serve the petition on said member. The Clerk will notify said member and the petitioning party or parties of the date scheduled for a hearing before the governing authority. In no event will that date exceed sixty (60) days from the date said member is served with the petition. Service shall be deemed completed on the date personally served or three (3) days from the date of mailing. Cause for removal shall include, but not be limited to exhibiting bias or prejudice, a demonstrated contempt for rules and/or proceedings, disruptive or disorderly conduct, an inability to perform the functions of the position, violation of the oath of office, or any other good cause. By deleting Section 4 (Ga. Laws 1964, page 2505 as amended [Shown as Section 2-4-5 in the Cobb County Code]) in its entirety and substituting in lieu thereof the following: Section 4. Same General Responsibility; organization; meetings. It shall be the duty, function, and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration. All meetings of the civil service board shall be held in

Page 4698

offices provided therefore by the governing authority of Cobb County or in a courtroom of the superior court of Cobb County. The governing authority of said county is authorized to provide necessary clerical assistance to the board. Said board shall hold meetings as frequently as may be required for the discharge of its duties. By deleting Section 6 (Ga. Laws 1964, page 2506 as amended [Shown as Section 2-4-6 in the Cobb County Code]) in its entirety and substituting in lieu thereof the following: Section 6. Same Duties and functions enumerated. (1) To hear appeals from any civil service employee who claims to have been improperly suspended, demoted, discharged, unlawfully discriminated against, or improperly dismissed or adversely affected pursuant to a reduction-in-force. The Board's authority regarding an appeal by an employee who claims he or she was dismissed or adversely affected due to a reduction-in-force shall be limited to whether the action was in fact due to shortage of work, shortage of funds, abolishment of a position, or other material changes in duties or organization to reduce the overall staff of the organization. In conducting hearings and rendering decisions, the board shall determine whether the appointing authority, department head or person whose action is being appealed had authority to exercise such action and did exercise such action for cause within the Rules and Standards of the Civil Service Board. If so found, the board shall affirm the action of the appointing authority, department head or person. In the event that the board finds that the action appealed is contrary to the Rules and Standards of the Civil Service Board, the board shall reverse such an action. The board shall not modify the terms and conditions of said action of the person, appointing authority or department head, but may in its order of affirmance or reversal make recommendations of disposition which shall have persuasive force only. In addition, the board may recommend amendments to the Rules and Standards of the Civil Service Board to the governing authority so as to carry forth purposes of such recommended disposition, and when such rules and standards have been approved and adopted by the governing authority of Cobb County, they shall be binding upon all parties affected by the civil service. (2) The civil service board shall keep and maintain an accurate record of minutes and shall be furnished clerical assistance by the governing authority to keep and maintain its minutes and records. (3) Said board shall be authorized to make recommendations as to amendments, additions to, and changes in said Rules and Standards of the Civil Service Board from time to time and when said amendments, changes, or additions are adopted by the governing authority of Cobb County, said amendments shall be binding on all parties affected by the civil service. (4) Unlawful discrimination shall mean different treatment with respect to an employee's compensation, terms, and conditions and privileges of

Page 4699

employment because of race, color, religion, national origin, sex, age, disability, or other protected class as established by applicable state or federal law. If an appeal is filed by an employee on the basis of unlawful discrimination, such appeal must include date, time, place, name, and specific act of unlawful discrimination. (5) The board shall have no authority to review or pass upon the budget or proposed budget of Cobb County, as all fiscal affairs are reserved to the discretion of the governing authority of Cobb County. By deleting Section 7 (Ga. Laws 1964, page 2508 as amended [Shown as Section 2-4-7 in the Cobb County Code]) in its entirety and substituting in lieu thereof the following: Section 7. Appeal Procedures. Any civil service employee who claims he or she was suspended, demoted, or dismissed without cause, or claims unlawful discrimination, or claims he or she was adversely affected pursuant to an unlawful reduction-in-force shall have the right to appeal pursuant to the Rules and Standards of the Civil Service Board. Any employee must file his or her appeal with the board in writing within ten (10) calendar days from the date of the act complained of by the employee. Such appeal must be heard and determined by the board within sixty (60) days of the date said appeal is filed with the board, or as soon as reasonably possible thereafter as determined by the board. By deleting Section 8 (Ga. Laws 1964, page 2508 as amended [Shown as Section 2-4-8 in the Cobb County Code]) in its entirety and substituting in lieu thereof the following: Section 8. Political or Religious Affiliation/Activities. In applying the provisions of this Act or in doing any of the things thereby provided, no person whosoever shall give any consideration to political or religious affiliations. No employee holding a position under the civil service system shall participate in political activity, except as follows: 1) An employee may exercise his or her right as a citizen privately to express his or her opinion, cast his or her vote, and run for political office, provided that the office sought is outside the boundaries of Cobb County. Service in the elected office must not create a conflict of interest for the employee. If the governing authority finds that a conflict of loyalty exists, notice of same must be given to the employee, and the employee must relinquish the elective office within thirty (30) days or be subject to dismissal. 2) An employee may actively support a candidate for political office, if for an elective office outside the boundaries of Cobb County, by contributing monetarily to the candidate's campaign, speaking on behalf of the candidate, passing out campaign literature, and displaying a candidate's political signs. However, such activity shall not be conducted during working hours, and the employee must not represent himself or

Page 4700

herself as an employee of Cobb County. Furthermore, at no time shall an employee, in support of a candidate, engage in activity that would bring his or her employment with Cobb County into disrepute. By adding a new Section as follows: Section 2-4-9.2 Severability. If any chapter, section, or other portion of this Act is found to be invalid by a duly constituted authority, it shall not affect the validity of the balance of the provisions herein. CLERK'S CERTIFICATION This is to certify that the attached ordinance amends a local act (Georgia Laws 1964, Page 2502, et seq.) and was adopted by the Cobb County Board of Commissioners per minutes of November 26, 1996. Said minutes are on file in the office of the Cobb County Clerk to the Board of Commissioners. This 12th day of February, 1997. Lynne S. Parson, Deputy County Clerk Cobb County Board of Commissioners 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 8, 15, 22 day(s) of October, 1996, and on the __________ days of __________, 19__, as provided by law. Otis A. Brumby, Jr. Subscribed and sworn to before me this 2 day of December, 1996. Bobbie Bleven Notary Public, Cobb County, Georgia My Commission Expires March 5, 1997 (SEAL) M-117 NOTICE OF PUBLIC HEARING ON A PROPOSED ORDINANCE TO AMEND A LOCAL ACT Notice is hereby given that the Board of Commissioners of said County will hold public hearings on November 12, 1996 at 9:30 A.M. and on

Page 4701

November 26, 1996 at 7:00 P.M. at the 2nd floor Board of Commissioners' Public Meeting Room, 100 Cherokee Street, Building A, Marietta, Georgia to consider a proposed ordinance to amend certain provisions of a local act of the General Assembly (Acts 1964, p. 2502 et seq., as amended), known as the Cobb County Civil Service System Act, relating to the following Sections/provisions of the Act: Employees to be included Generally, Employees included Specifically and Electing to Come Within, Board Members and Qualifications, Vacancy in Membership and Filling of Vacancy, Removal of Members For Cause, Responsibility of the Board, Meetings of the Board, Duties and Functions of the Board, Dismissal of Employees, Political or Religious Affiliation/Activities of Civil Service Employees, and for Other Purposes. It is necessary for the Board of Commissioners to adopt an ordinance at two consecutive meetings held not less than seven (7) nor more then sixty (60) days apart which ordinance specifically states the changes to be made in the original Act (as amended), 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. A copy of the proposed ordinance is on file at the office of the Clerk of Cobb Superior Court and in the office of the Clerk of the Board of Commissioners of Cobb County for the purpose of examination and inspection by the public and interested parties. 11:8, 15, 22 Filed in the Office of the Secretary of State December 4, 1996. FORSYTH COUNTY CIVIL SERVICE SYSTEM. A RESOLUTION AND ORDINANCE BY THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY A Resolution and Ordinance to amend Georgia Laws 1978, page 3572, as amended, by placing certain employees within the Forsyth County civil service system; to provide an effective date; and, for other purposes. WHEREAS on November 2, 1976, the citizens of Forsyth County adopted an amendment to the Constitution of 1945, Article VII, Section IV, Ga. Laws 1976, page 1796, providing for a Civil Service System for Forsyth County; and, WHEREAS the General Assembly of Georgia enacted local legislation (Ga. Laws 1978, page 3572) establishing a Civil Service System for Forsyth County, which was approved by the Governor of Georgia on March 13, 1978; and, WHEREAS the Constitution of 1983 provides that the governing authority of a county may, as an incident to its home rule power, amend or repeal

Page 4702

local acts applicable to matters within its governing authority [Article IX, Section II, Paragraph I(b)(1)]; and, WHEREAS Section 2 of Ga. Laws 1978, page 3572 was heretofore amended by Ga. Laws 1988, page 3535; and, WHEREAS the Board of Commissioners of Forsyth County is desirous of further amending Section 2 of Ga Laws 1978, page 3572, as amended, as it relates to excepted positions under the Forsyth County Civil Service System. NOW THEREFORE BE IT RESOLVED AND ORDAINED by the Board of Commissioners of Forsyth County, Georgia, and it is hereby resolved and ordained by the authority of the same, as follows: Section 1. Amendment of Section 2(a) of Ga. Laws 1978, page 3572 as amended by Ga. Laws 1988, page 3535. Section 2(a) of Ga. Laws 1978, page 3572, as amended by Ga. Laws 1988, page 3535, is hereby amended so that when so amended it shall read as follows: Section 2(a). There is hereby created and established a civil service system of personnel administration, to be known as the Forsyth County Civil Service System. All employees of Forsyth County shall be members of the Forsyth County Civil Service System except: Elected officers of the county, members of appointed boards, members of commissions and authorities, the county attoreny, the county physician, part-time employees, hourly wage earners, seasonal employees and consultants, and other employees expressly exempt by law. Section 2. Amendment of Sections 2(b) and 2(c) of Ga. Laws 1978, page 3572 as amended by Ga. Laws 1988, page 3535. A. Having amended Section 2(a) of Ga. Laws 1978, page 3572, as amended, by deleting the management team from the effect thereof, no purpose is served by Sections 2(b) and 2(c) of said Ga. Laws 1978, page 3572, as amended. Accordingly, the same are hereby deleted. Section 3. Amendment of Sections 2(d), 2(e) and 2(f) of Ga. Laws 1978, page 3572 as amended by Ga. Laws 1988, page 3535. Sections 2(d), 2(e) and 2(f) of Ga. Laws 1978, page 3572 as amended by Ga. Laws 1988, page 3535 are amended by renumbering the same so as to be numbered 2(b), 2(c) and 2(d). Section 4. Repealer Provision. Any resolution, ordinance, rule, regulation or other instruction previously approved by the Board of Commissioners or any other agency of Forsyth County, which is inconsistent with the provisions of this Ordinance is repealed, revoked and shall be of no further force or effect upon the

Page 4703

effective date of this Ordinance; but it is hereby provided that any resolution or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof, which shall be liberally construed to be in favor of Forsyth County, is hereby adopted as a part hereof. Section 5. Effective Date. This Ordinance shall become effective immediately upon its having been approved by the Board of Commissioners of Forsyth County at two regular consecutive meetings, which meetings shall be not less than seven (7) nor more than sixty (60) days apart. This Resolution and Ordinance, having been considered and adopted by the Board of commissioners on the 25th day of November, 1996, and at the next regular consecutive meeting of the Board of Commissioners held this date, this Resolution and Ordinance is hereby adopted and is effective, this 9th day of December, 1996, the public health, safety and general welfare demanding it. FORSYTH COUNTY BOARD OF COMMISSIONERS /s/ Ronald E. Seder, Chairman /s/ David Sexton, Vice Chairman /s/ John F. Kieffer, Secretary /s/ James C. Harrington, Jr., Member Lamar Suddeth, Member Attest: Betty Shadburn Clerk to the Board State of Georgia} : County of Forsyth} CERTIFICATION This is to certify that the document to which this Certification is attached is a true and correct copy of a Resolution and Ordinance adopted by the Forsyth County Board of Commissioners on the 25th day of November, 1996 and the 9th day of December, 1996. Dated this 16th day of December, 1996. BETTY SHADBURN Clerk to the Forsyth County Board of Commissioners

Page 4704

AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FORSYTH Before me, the undersigned a Notary Public, this day came Dennis Stockton, who being duly sworn, according to law, says that he is the Publisher of THE FORSYTH COUNTY NEWS, the official newspaper in which the Sheriff's advertisements in and for said County are published, and a newspaper of general circulation, with its principal place of business in said County and that a NOTICE OF PUBLICATION RE: FORSYTH COUNTY CIVIL SERVICE SYSTEM was published 3 times on the dates of OCTOBER 30, NOVEMBER 6, NOVEMBER 13, 1996. (Ref #853) DENNIS STOCKTON, PUBLISHER Subscribed and sworn to before me this 13 day of November 1996. Linda Shadburn Notary Public, Forsyth County, Georgia My Commission Expires September 2, 2000. PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of Forsyth County, Georgia, at its regular meetings on November 25, 1996 and December 9, 1996, will consider a Resolution and Ordinance to amend the act creating the Forsyth County Civil Service System, known as Ga. Laws 1978, pg. 3572, as amended, so as to further amend said act to provide that there be a civil service system of personnel administration, to be known as the Forsyth County Civil Service System and that all employees of Forsyth County shall be members of the Forsyth County Civil Service System Except: Elected officers of the county, members of appointed boards, members of commissions and authorities, the county attorney, the county physician, parttime employees, hourly wage earners, seasonal employees and consultants, and other employees expressly exempt by law, and for other purposes. The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that a copy of said proposed resolution and ordinance has been filed with the Clerk of Forsyth County Superior Court, Forsyth County Courthouse, Cumming, Georgia, for public examination and inspection and that copies of said Resolution and Ordinance are available from the Clerk for interested members of the public.

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This 23rd day of October, 1996 Stevie P. Mills County Administrator Forsyth County, Georgia 10/30, 11/6, 13 Filed in the Office of the Secretary of State December 16, 1996. AUGUSTA-RICHMOND COUNTY 1945 AUGUSTA EMPLOYEES' PENSION FUND. ORDINANCE NO. 5892 AN ORDINANCE TO AMEND THE 1945 AUGUSTA EMPLOYEES' PENSION FUND, 1945 GA. LAWS, p. 813 ET SEQ., AS AMENDED BY 1966 GA. LAWS, p. 2765 AND ORDINANCE NO. 5501, TO PROVIDE THAT A SURVIVING SPOUSE RECEIVING BENEFITS UNDER A SURVIVORSHIP ELECTION SHALL RECEIVE THE SAME LEVEL OF BENEFITS AS THOUGH COMPUTED UNDER 1949 GA. LAWS, p. 1070 ET SEQ., AS AMENDED; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section 1. The 1945 Augusta Employees' Pension Fund, 1945 Ga. Laws, p. 813 et seq., as amended by 1966 Ga. Laws, p. 2765 et seq., and Ordinance No. 5501, enacted under the Home Rule provisions of O.C.G.A. 36-35-3(b)(1), is hereby amended by deleting the following provision: Any employee who is entitled to pension fund benefits under Ga. Laws 1945, page 813, et seq., shall have the right, before or within ninety (90) days after the date of his or her retirement, to elect in writing to receive retirement benefits for his or her surviving spouse. If the employee elects survivorship benefits of the pension to which that employee is entitled under Ga. Laws 1945, page 813, et seq., there shall be deducted from said benefits due the employee the same percentage reduction that would have been applicable for that employee for the same level of benefits afforded the spouse as applicable to employees making the spousal election under Ga. Laws 1949, page 1070 at 1076, to pay for said survivorship benefits. Upon the death of the employee, the spouse of said deceased employee shall be entitled to 100%

Page 4706

of the pension benefits without the above deductions that would be payable to said deceased employee and shall be entitled to any increases or adjustments in said pension as if said employee were still in life as provided by Ga. Laws 1945, page 813, et seq. and by substituting therefor the following: Any employee who is entitled to pension fund benefits under Ga. Laws 1945, page 813, et seq., shall have the right, before or within ninety (90) days after the date of his or her retirement, to elect in writing to receive retirement benefits for his or her surviving spouse, with said benefits to be paid according to the same terms and conditions as for survivorship benefits under 1949 Ga. Laws, p. 1070 et seq., as amended, subject to any increases and adjustments in said pension as if said employee was still in life as provided by Ga. Laws 1945, p. 813, et seq. Section 2. All persons legally receiving or entitled to at the effective date of this ordinance retirement pay or pensions or any other sum in accordance with any law then in force, shall continue to receive such retirement pay or pensions or sums in accordance with the provisions of the respective laws, and shall continue to have the rights and duties in respect to all pensions, retirement and disability benefits, and all other benefits and rights as previously existing or hereafter existing under the respective Acts under which he made a contribution, provided by the respective Acts relating to such funds then in force. Section 3. This ordinance is adopted by the Augusta-Richmond County Commission pursuant to the provisions of O.C.G.A. 36-35-3 providing for Home Rule for Municipalities and pursuant to the provisions of the Constitution of the State of Georgia which provide for Home Rule by Counties. Section 4. All laws or ordinances or parts of laws or ordinances in conflict with this ordinance are hereby repealed. Section 5. This ordinance shall become effective upon its being filed with the Secretary of State of Georgia and with the Clerk of Superior Court of Richmond County, Georgia, in accordance with all applicable law. ADOPTED, this 3d day of December, 1996, and this 17th day of December, 1996. AUGUSTA-RICHMOND COUNTY COMMISSION By Larry E. Sconyers As Its Mayor ATTEST: Lena J. Bonner As Its Clerk

Page 4707

AFFIDAVIT OF PUBLICATION ATTORNEY or AGENCY James B. Wall BUSINESS ____________________ STATE OF GEORGIA COUNTY OF Richmond Personally appeared before me Violet Brissey to me known, who being sworn, deposes and says: That he/she is the authorized agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in said county under the trade name of The Augusta Chronicle, a newspaper published in said county; That he/she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he/she has reviewed the regular editions of said newspapers published on Nov 22, 1996, Nov 25, 1996, Dec 2, 1996, _______________ 19__, and finds that the following advertisement appeared in each of said editions, to-wit: Violet Brissey (deponent) Sworn to and subscribed before me this 2nd day of Dec, 1996. Betty F. Jarriel Notary Public, Richmond County, Georgia My Commission expires December 20, 1996. PUBLIC NOTICE The Public is hereby notified that the County Attorney will present to the Augusta-Richmond County Commission, at its regular meeting on December 3, 1996, and on December 17, 1996, an Ordinance to amend the 1945 Augusta Employees' Pension Fund, 1945 Ga. L., p. 813, et seq. as amended, so as to provide that a surviving spouse receiving benefits under a survivorship election shall receive the same level of benefits as though computed under 1949 Ga. Laws 1070 et seq., as amended; to provide an effective date; and for other purposes. The Public is hereby further notified that it is necessary for the Augusta-Richmond County Commission to adopt said Ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60)

Page 4708

days apart, which Ordinance specifically states the changes to be made in the original Act, the authority to amend the original Act having been granted by O.C.G.A. Sec. 36-35-3 and Article IX, Section 2, para. 1 of the 1983 Constitution of the State of Georgia. The Public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City-County Building, 5th floor, 500 Block Greene Street, Augusta, Georgia, for public examination and inspection, and copies of same are available with the Clerk of the Commission for any member of the Public. This 19th day of November, 1996. JAMES B. WALL County Attorney Richmond County, Georgia Nov. 22, 25, Dec. 2, 1996 Filed in the Office of the Secretary of State January 14, 1997. FORSYTH COUNTY ZONING ACT REPEALED. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF FORSYTH COUNTY, GEORGIA, PURSUANT TO THE PROVISIONS OF ARTICLE IX, SECTION II, PARAGRAPH I OF THE CONSTITUTION OF THE STATE OF GEORGIA (1983) TO REPEAL AN ACT KNOWN AS THE FORSYTH COUNTY ZONING ACT (GA. LAWS 1953, P. 2375), AND FOR OTHER PURPOSES I ENACTMENT BE IT ORDAINED by the Board of Commissioners of Forsyth County, Georgia, and it is hereby ordained by the authority of same, pursuant to Article IX, Section II, Paragraph I of the Constitution of the State of Georgia (1983) that the Forsyth County Zoning (Ga. Laws 1953, p. 275), be and the same is hereby repealed II REPEALER All laws or parts of laws in conflict with this Ordinance are hereby repealed. Provided, however, any and all existing and currently effective Ordinances of Forsyth County shall be preserved and continued in full force and effect, specifically including Ordinances 30 and 30H.

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III SEVERABILITY Should any part, portion or paragraph of this Ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this Ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. IV ADOPTION AND ADVERTISING The Ordinance shall be presented to the Board of Commissioners of Forsyth County, Georgia, for adoption at two regular, consecutive meetings thereof, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of Forsyth 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 Ordinance is on file in the office of the Clerk of the Superior Court of Forsyth County for the purposes of examination and inspection by the public. V READING SCHEDULE This Ordinance shall be first presented to the Board of Commissioners of Forsyth County, Georgia, on December 9, 1996, and again on December 23, 1996 at the regular time and place of the meeting of said Board of Commissioners. VI FILING AND AVAILABILITY A copy of this Ordinance shall be filed with the Clerk of the Superior Court of Forsyth County for the purpose of examination and inspection by the public. The said Clerk shall furnish to anyone, upon written request, a copy of the proposed ordinance. VII EFFECTIVE DATE This provisions of this Ordinance shall become effective upon compliance with all provisions of law and the Constitution of Georgia. ADOPTED by the Board of Commissioners of Forsyth County, Georgia, this 23rd day of December, 1996. Ron Seder, Chairman David Sexton, Vice Chairman John Kieffer, Secretary
Page 4710

James C. Harrington, Jr. Lamar Suddeth ATTEST: Betty Shadburn, Clerk Forsyth County Board of Commissioners (COUNTY SEAL) AFFIDAVIT FORSYTH COUNTY, GEORGIA CECIL McCLURE personally appeared before the undersigned officer authorized to administer oaths and upon being duly sworn says: I am above the age of 18 years, of sound mental capacity and judgment, have personal knowledge of the facts and circumstances set forth herein and I am authorized to make this affidavit. I am the duly elected and acting Clerk of the Superior Court of Forsyth County, Georgia. A copy of the proposed ordinance to repeal the Forsyth County Zoning Act (1953 Ga. Laws 2375) has been on file in the office of the Clerk of the Superior Court of Forsyth County, Georgia, from November 13, 1996 through and including December 23, 1996, where is has been available for the purpose of examination and inspection by the public. The copy of the aforesaid proposed ordinance which has been on file is attached hereto. FURTHER AFFIANT SAYETH NOT. Cecil McClure, Clerk Forsyth County Superior Court Sworn to and subscribed before me this 23 day of December, 1996. Opal Nichols, Deputy Notary Public My Commission expires_____ (NOTARY SEAL) FORSYTH COUNTY GEORGIA FILED IN OFFICE THIS 23 DAY OF DEC 1996 Cecil McClure CLERK SUPERIOR COURT PUBLISHER'S AFFIDAVIT GEORGIA, FORSYTH COUNTY Before me, the undersigned Notary Public, this day came DENNIS STOCKTON, who being duly sworn according to law, says that he is the Publisher of THE FORSYTH COUNTY NEWS, the official newspaper in which the Sheriff's advertisements in and for said County are published,

Page 4711

and a newspaper of general circulation, with its principal place of business in said County and that a PUBLIC NOTICE for the adoption of an Ordinance to repeal the Forsyth County Zoning Act (Ga. Laws 1953, p. 2375) was published three (3) times on the dates of November 13, 20 and 27, 1996, a copy of which public notice is attached hereto. DENNIS STOCKTON, PUBLISHER Subscribed and sworn to before me this 3 day of December, 1996. Linda Shadburn Notary Public, Forsyth County, Georgia My Commission Expires September 2, 2000 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of Forsyth County, Georgia, at its regular meetings on December 9, 1996, and December 23, 1996, pursuant to the Article IX, Section II, Paragraph I of the Constitution of the State of Georgia (1983), will consider an ordinance to repeal an Act known as the Forsyth County Zoning Act (Ga. Laws 1953, P. 2375) and for other purposes. The public is hereby further notified that in order to so repeal said act, it is necessary for the Board of Commissioners of Forsyth County, Georgia, to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the authority to repeal the original act having been granted under the home rule provisions of the Constitution of Georgia (1983) for counties pursuant to Article IX, Section II, Paragraph I of said Constitution. The public is hereby further notified that a copy of said proposed ordinance has been filed with the Clerk of the Superior Court of Forsyth County, Forsyth County Courthouse, Cumming, Georgia for public examination and inspection. The Clerk of the Superior Court of Forsyth County shall furnish to anyone, upon written request, a copy of the proposed ordinance. Stevie P. Mills, County Administrator Forsyth County, Georgia L938, 11/13, 20, 27 Filed in the Office of the Secretary of State January 24, 1997. DEKALB COUNTY DEKALB COUNTY PENSION BOARD; BENEFITS. AN ORDINANCE BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA UNDER THE HOME RULE PROVISIONS FOR COUNTIES OF THE CONSTITUTION OF THE STATE OF GEORGIA, TO AMEND AN ACT CREATING THE DEKALB COUNTY PENSION BOARD, KNOWN AS GA. LAWS 1962, P. 3088, AS AMENDED, SO AS TO FURTHER AMEND SAID ACT TO PROVIDE FOR AN INCREASE IN MONTHLY BENEFITS, AND FOR OTHER PURPOSES

Page 4712

BE IT ORDAINED by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of same, pursuant to the home rule provisions for counties of the Constitution of the State of Georgia, that the Act, as amended, creating the DeKalb County Pension Board, known as Ga. Laws 1962, p. 3088, as amended, be and the same is hereby further amended as follows: I. By amending Section 8(b)(1)(D) (codified as Section 908(b)(1)(D)) of the Act by adding to the end of said section the following language: Effective for monthly benefits payable on or after January 1, 1997, monthly benefits payable to officers, deputies, and employees who have retired or become disabled and who were, as of January 1, 1996, receiving pensions from DeKalb County under this ordinance or under the pension plan provided under Georgia Laws 1949, page 415, as amended, or under the pension plan provided by Georgia Laws 1953, page 3198, as amended, shall be increased by an amount equal to 3% of such person's retirement benefit payable with respect to the month of July, 1987, for which payment became due on July 1, 1987; provided, however, that the monthly benefit for such officers, deputies, and employees who have retired or become disabled and who were, as of January 1, 1996, receiving pensions from DeKalb County as aforesaid, but who did not receive a retirement benefit with respect to the month of July, 1987, shall be an amount equal to 3% of the first monthly retirement benefit payable to them after July 1, 1987. II. All laws or parts of laws in conflict with this ordinance are hereby repealed. III. Should any part, portion, or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. IV. This ordinance shall be presented to the Board of Commissioners of DeKalb County, Georgia for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than

Page 4713

sixty (60) days apart after notice containing a synopsis of the proposed amendment shall have been published in the official organ of DeKalb County once a week for three (3) weeks within a period of sixty (60) days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment is on file in the office of the Clerk of Superior Court of DeKalb County for the purposes of examination and inspection by the public. V. This ordinance shall be first presented to the Board of Commissioners of DeKalb County, Georgia on the 10th day of December, 1996, and again on the 19th day of December, 1996 at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia. VI. A copy of this ordinance shall be filed with the Clerk of the DeKalb County Superior Court for the purpose of examination and inspection by the public along with sufficient copies of same for distribution to those members of the public. VII. The provisions of this ordinance shall become effective upon its adoption. ADOPTED by the DeKalb County Board of Commissioners this 19th day of December, 1996. Judy Yates, Presiding Officer Board of Commissioners DeKalb County, Georgia APPROVED by the Chief Executive Officer of DeKalb County, Georgia this 19th day of December, 1996. Liane Levetan Chief Executive Officer DeKalb County, Georgia ATTEST: Michael J. Bell, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia APPROVED: Jonathan Weintraub DeKalb County Attorney.

Page 4714

STATE OF GEORGIA COUNTY OF DEKALB I, MICHAEL J. BELL, the duly authorized Ex-Officio Clerk of the Board of Commissioners and Chief Executive Officer of DeKalb County, Georgia, do hereby certify that the attached instrument is a true and correct copy of the Ordinance adopted by said Board at two regular consecutive meetings held on December 10, 1996 and on December 19, 1996. This 1st day of April, 1997. Michael J. Bell, Ex-Officio Clerk Board of Commissioners and Chief Executive Officer, DeKalb County, Georgia Sworn to and subscribed before me this 1st day of April, 1997. Jean G. Silvey Notary Public, Gwinnett County, Georgia My Commission Expires October 9, 1998 STATE OF GEORGIA COUNTY OF DEKALB Personally appeared before the undersigned, a notary public within aforesaid County and State, John L. Sell, publisher of the Decatur-DeKalb News, a newspaper published in Decatur, County of DeKalb, State of Georgia, who, being duly sworn, states on oath that the public notice, a true copy of which is attached hereto, was published in said newspaper in its issues of November 28, December 5, and December 12, 1996. John L. Sell Publisher, Decatur-DeKalb News Sworn to and subscribed before me this 25th day of November, 1996. Marjorie G. Plise Notary Public, Georgia State at Large My Commission Expires December 28, 1996 PUBLIC NOTICE The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, at its regular meetings on December 10, 1996 and December 19, 1996, will consider ordinances to amend the act creating the DeKalb County Pension Board, known as Ga. Laws 1962, pg. 3088, as amended, so as to further amend said act to provide for an increase in monthly benefits for designated participants, to amend provisions governing disability retirement, and for other purposes.

Page 4715

The public is hereby further notified that in order to so amend said act, it is necessary for the Board of Commissioners to adopt an ordinance at two regular consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which ordinance specifically states the changes to be made in the original act, the authority to amend the original act having been granted under the home rule provisions for counties of the Constitution of the State of Georgia. The public is hereby further notified that copies of said proposed ordinances have been filed with the Clerk of DeKalb Superior Court, DeKalb County Courthouse, Decatur, Georgia for public examination and inspection and that copies of said ordinances are available from the Clerk for interested members of the public. This 25th day of November, 1996. Liane Levetan Chief Executive Officer DeKalb County, Georgia Filed in the Office of the Secretary of State April 8, 1997.

Page 4717

HOME RULE ORDINANCES OF MUNICIPAL CORPORATIONS

Page 4719

CITY OF CHAMBLEE TAX DUE DATES; HOMESTEAD EXEMPTION. #411 AN ORDINANCE TO AMEND ARTICLE 1, SECTIONS 32, 33, 40, 41 AND ARTICLE I HOMESTEAD EXEMPTION OF THE CHARTER AND RELATED LAWS OF THE CITY OF CHAMBLEE AND FOR ALL OTHER LAWFUL PURPOSES BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF CHAMBLEE, GEORGIA, AND BY AUTHORITY OF THE SAME, IT IS HEREBY ORDAINED AS FOLLOWS: I On and after passage and approval of this Ordinance, Article 1, Sections 32 and 33 of the Charter of the City of Chamblee shall be deleted in their entirety. II On and after passage and approval of this Ordinance, Article 1, Section 40 of the Charter and related laws of the City of Chamblee, Georgia shall be deleted in its entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered and alphabetized: Section 40. Taxes payable in installments, delinquent date for taxes. All ad valorem taxes on real property due to said municipality shall be payable in installments and said installments shall be considered as delinquent after the fifteenth day of August of the year for which the first installment is levied and after the fifteenth day of November of the year for which the second installment is levied and executions may issue thereafter and shall bear interest at the legal rate from said date. III On and after passage and approval of this Ordinance, Article 1, Section 41 of the Charter and related laws of the City of Chamblee, Georgia shall be deleted in its entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered and alphabetized: Section 41. Tax Books; date for opening. The Tax Commissioner of DeKalb County shall open the City tax books for tax returns on the first day of January and close them on the first day of March or as soon thereafter as is possible. IV On and after passage and approval of this Ordinance, Article I Homestead Exemption under the Charter and related laws of the City of Chamblee, Georgia shall be deleted in its entirely and the following

Page 4720

provisions shall be substituted in lieu thereof and appropriately numbered and alphabetized: Article I. Homestead Exemption. A homestead of each resident under the age of 65 of the City of Chamblee actually occupied by the owner as a residence and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount of Thirty Thousand Dollars ($30,000.00) of its value. The exception granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such title holders as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner required by the City by one or more or the owners actually residing on such property. A homestead of each resident who is totally disabled or is 65 years of age or older, of the City of Chamblee, actually occupied by the owner primarily as such, is hereby exempted from all City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness. The foregoing was proposed by Councilmember Floyd with a motion that the same be adopted. Said motion was seconded by Councilmember Povilaitis. Same was then put to a vote and five Councilmembers voted in favor of the Ordinance and 0 Councilmembers voted against the Ordinance. Said motion was thereupon declared passed and duly adopted this 19th day March, 1993. Becky Craven City Clerk, City of Chamblee, Georgia Approved this 22nd day of March, 1996. The Honorable Johnson W. (Dub) Brown Mayor, City of Chamblee, Georgia First reading: February 20, 1996 Second reading: March 19, 1996 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:

Page 4721

Public Notices City charter amend I all copy/ copies of which are attached hereto and were published in said newspaper on the following date(s): 2/22/96, 02/29/96, 03/07/96 Gerald W. Crane, Publisher By Lynn Crane Agent Sworn to and subscribed before me this March 7, 1996. Notary Public, Scott Higgins Notary Public, Clayton County, Georgia My Commission Expires May 3, 1997 Seal CITY OF CHAMBLEE Notice to Proposed Amendment to Charter of the City of Chamblee, Georgia Notice is hereby given that an Ordinance has been introduces to amend the Charter of the City of Chamblee, Georgia (Ga. L. 1935, p. 976 et seq., approved March 28, 1935) so as to amend Article I of the Charter and related laws of the City so as to provide for the due dates for payment of taxes, to increase the homestead exemption and all other lawful purposes. A copy of the proposed Ordinance to amend the Charter is on file in the office of the City Clerk of the City of Chamblee, Georgia and the office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This the 14th day of February, 1996. Becky Craven, City Clerk City of Chamblee, Georgia 32-b3973,2/22-3/ Filed in the Office of the Secretary of State April 1, 1996.

Page 4722

CITY OF ALBANY SEWER EXTENSION POLICY. 96-110 AN ORDINANCE ENTITLED AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA ANNOTATED, AS AMENDED, AMENDING THE CHARTER OF THE CITY OF ALABANY SO AS TO PROVIDE FOR A SEWER EXTENSION POLICY; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of the City of Albany, Georgia, and it is hereby ordained by the authority of same: SECTION 1. Section 34, paragraph 9 of the Charter of the City of Albany, providing for sewers, is hereby amended by incorporating the changes, additions and deletions of Exhibit A attached hereto and incorporated herein by reference as fully as if set forth verbatim. SECTION 2. Pursuant to the provisions of Section 36-35-3 of the Official Code of Georgia, Annotated, as amended, this ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia, at two (2) regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. SECTION 3. All ordinances, or parts of ordinances, and all charter provisions, or parts of charter provisions, in conflict herewith are repealed. Tommy Coleman MAYOR ATTEST: Joann Pope CITY CLERK Adopted: March 13, 1996 First Reading Adopted: March 26, 1996 Second Reading I do hereby certify that this is a true and correct copy. Joann Pope City Clerk Affidavit of Publication Georgia, Dougherty County Personally, appeared before the undersigned, an officer, authorized to administer oaths, Eddie Tyner, who being sworn, says that he is Classified

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Telemarketing Manager of the Albany Herald Publishing, Inc., a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County and Baker County, and that the advertisement of Sewer Extension, a TRUE COPY of which is affixed hereto, was published in said Albany Herald in all its editions for Feb. 13, 20, 27, 1996. Eddie Tyner Sworn to and subscribed before me at Albany, Georgia this 28 day of Mar., 1996. Susan Johnson Notary Public My Commission Expires September 14, 1999. NOTICE Notice is given that there has been filed, with the Clerk of the City of Albany, Georgia, an ordinance proposing, under the Municipal Home Rule Act of 1965, to amend the Charter of the City of Albany so as to provide for a sewer extension policy. A copy of said ordinance is on file in the office of the Clerk of the City of Albany, Georgia, and such ordinance is available at said place for the purpose of examination or inspection by the public. City of Albany, Georgia By: Al Grieshaber, Jr. City Attorney Feb. 13, 20, 27, 1996 150912 Filed in the Office of the Secretary of State April 2, 1996. CITY OF CHAMBLEE MUNICIPAL COURT; JUDGE; QUALIFICATIONS. #415 PROPOSED AN ORDINANCE TO AMEND ARTICLE 5, SECTION 3.2 (QUALIFICATIONS OF THE MUNICIPAL COURT JUDGE) OF THE CHARTER OF THE CITY OF CHAMBLEE, GEORGIA AND FOR OTHER LAWFUL PURPOSES BE IT ORDAINED AND IT IS HEREBY ORDAINED by the Mayor and City Council of the City of Chamblee as follows:

Page 4724

On and after passage and approval of this Ordinance, Article 5, Section 3.2 of the Charter of the City of Chamblee, Georgia shall be deleted in its entirety and the following provisions shall be substituted in lieu thereof and appropriately numbered and alphabetized: Section 3.2 Same; Qualifications, Oath. (a) To qualify for appointment as a judge of the Municipal Court of the City, a person shall be at least 30 years of age and a member of the State Bar of Georgia actually engaged in the practice of law in the State of Georgia for at least ten (10) years prior to his appointment. 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. (b) Before entering upon the duties of office of Municipal Court Judge, 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 foregoing was proposed by Councilmember Floyd with the motion that the same be adopted. Said motion was seconded by Councilmember Povilaitis. The same was then put to a vote and Five Councilmembers voted in favor of the ordinance, and 0 Councilmembers voted against the ordinance. Said motion was thereupon declared passed and duly adopted this 19th day of March, 1994. Becky Craven City Clerk, City of Chamblee, Georgia Approved this 22nd day of March, 1996. The Honorable Johnson W. (Dub) Brown Mayor, City of Chamblee, Georgia Approved as to form: Joe Fowler CITY ATTORNEY First Reading: February 20, 1996 Second Reading: March 19, 1996 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

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Decatur-DeKalb News/Era, a newspaper published at Decatur, DeKalb County, Georgia, who, being duly sworn, states on oath that the report of: Public Notices Court Judge/chart am all copy/copies of which are attached hereto and were published in said newspaper on the following date(s): 02/29/96, 03/07/96, 03/14/96 Gerald W. Crane, Publisher By Lynn Crane, Agent Sworn to and subscribed before me this March 14, 1996 Scott Higgins Notary Public, Clayton County, Georgia My Commission Expires May 3, 1997 CITY OF CHAMBLEE Notice to Proposed Amendment to Charter of the City of Chamblee, Georgia Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of Chamblee, Georgia (Ga. L. 1935, p. 976 et seq., approved March 28, 1935) so as to amend Article I of the Charter and related laws of the City so as to provide for qualifications of the municipal court judge and for all other lawful purposes. A copy of the proposed Ordinance to amend the Charter is on file in the office of the City Clerk of the City of Chamblee, Georgia and the office of the Clerk of Superior Court of DeKalb County, Georgia for the purpose of examination and inspection by the public. This the 22nd day of February, 1996. Becky Craven, City Clerk City of Chamblee, Georgia 32-b3990, 2/29-3/14 Filed in the Office of the Secretary of State April 2, 1996. CITY OF FAYETTEVILLE NEW CHARTER. Proposed Ordinance No. 0-41-96 Subject Matter: Restatement of Charter Date of Posting: 8-5-96 Date First Presented First

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Adopted by Council at Public Meeting: 8-5-96 Dates Notice Published: 7-25-96, 8-1-96, 8-8-96 Date Delivered to the Clerk of Fayette County Superior Court: Aug. 20, 1996 Date of Final Adoption: 8-19-96 CITY OF FAYETTEVILLE COUNTY OF FAYETTE STATE OF GEORGIA ORDINANCE NUMBER 0-41-96 (as enacted) CITY OF FAYETTEVILLE, GEORGIA AN ORDINANCE OF THE CITY OF FAYETTEVILLE, GEORGIA PART I CHARTER An Act to create a restated Charter for said City; to prescribe the corporate limits of said City; to provide for the government of said City; to enumerate the corporate powers of the City; to provide for the preservation of ordinances, bylaws, rules and regulations; to provide for the officials of said City and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the City government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted and ordained by the City of Fayetteville: ARTICLE I. Charter, City LIMITS AND CORPORATE POWERS Sec. 1.01. Intent, Prior Acts Repealed. This act shall constitute the whole Charter of the City of Fayetteville, Georgia, repealing and replacing the Charter as provided by Georgia Laws of 1911, p. 1171; Georgia Laws 1927, p. 1157; Georgia Laws 1953, p. 2901; Georgia Laws 1958, p. 3362; Georgia Laws 1964, p. 2386; and as otherwise

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amended. The City of Fayetteville, Georgia in the County of Fayette, and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Fayetteville, Georgia, and by that name shall have perpetual succession, may contract and be contracted with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Sec. 1.02. City Boundaries. (a) The boundaries of this City shall be those exiting 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 at City Hall and to be designated, as the case may be: Official Map (or Descriptions) of the corporate limits of the City of Fayetteville, Georgia. Photographic, typed or other copies of such map or description certified by the Clerk shall be admitted as evidence in all counts and shall have the same force and effect as with the original map or description. (b) The City counsel 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. Sec. 1.03. Construction of Powers. (a) This City shall have all powers possible for a City to have under the present or future constitution and laws of Georgia as fully and completely as through 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 nor failure to mention particular powers shall not be construed as limiting in any way the powers of this City. Sec. 1.04. Corporate Powers. The corporate powers of the City, to be exercised by the City Council, as hereinafter defined, shall include the following: (a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (c) To appropriate and borrow money to provide for payment of the debts of the City, to authorize the expenditure of money for any municipal purpose, or for matters of national or state interest, and to issue bonds for

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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 issues for municipaliteis in effect at the time said issue is undertaken. (d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the corporate limits of the City. (e) 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 City Council under the Code of Georgia, or under other applicable public acts. (f) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterwork system, sewerage system, a natural gas system, electrical power system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water, gas and electriCity furnished, and for all sewerage and sanitary services rendered, said City may prescribe the charges, rates, fares, fees, regulations, standards and conditions of service to be provided, and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for City property taxes. (g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty (20) years. The City Council may prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with regulations of the public service commission. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, 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 City; and to regulate the use thereof; and for such purposes property may be acquired by condemnation under the Code of Georgia, or other applicable public acts. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish and refuse and to provide all power and authority to exercise all necessary and proper means to keep the City limits free from garbage, trash and filth. Charges or fees may be imposed to cover the costs of services, which, if unpaid, shall constitute a debt which shall be subject to a lien against any

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property or persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for City property taxes. (k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience or general welfare of inhabitants of the City. (l) To define a nuisance in the City and to provide for its abatement. The Municipal Court of the City shall have jurisdiction of all nuisance abatement proceedings in the City. The City 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 his failure or refusal to abate the same within ten (10) days after written notice and hearing from the City to do so. (m) 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. (n) 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 City Council may provide for the commitment of City prisoners to any county work camp, or jail, or other governmental agency by agreement with the appropriate county officers or any other governmental agencies. (o) To regulate, 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 punishment for violation of ordinances enacted hereunder. (p) 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 amount prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles. (q) To levy and provide for the collection of special assessments to cover the costs for any public improvements. (r) 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 the limitations prescribed by this Charter.

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(s) 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; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the constitution or general laws of the State of Georgia. No enumeration 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 cities under the constitution or applicable public acts of the state. (t) To levy taxes and to make appropriations for the purpose of advertising said City and 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 public hospitals and libraries. (u) To regulate and control public streets, public alleys and ways; and in the discretion of the City Council by ordinance to alter, open or close public streets and public alleys and ways. Sec. 1.05. Existing Ordinances, Etc. All ordinances, bylaws, rules and regulations, now in force in said City, not inconsistent with this act, are hereby declared valid and of force until amended or repealed by the City Council. ARTICLE II. CITY GOVERNMENT Sec. 2.01. Establishment of City Government. The corporate governmental powers of the City of Fayetteville shall be vested in a Mayor and five (5) Council Members to be known as the City Council. The Mayor and Council Members shall be elected at large by the qualified voters of the City and shall exercise their powers in such manner as prescribed by this Charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Fayetteville. Sec. 2.02. Qualifications for Mayor and Council Members. To be eligible for the office of Mayor or Council Member, elected or appointed, a person must be at least twenty-one (21) years of age, must meet the requirements of a qualified elector for members of the General Assembly as prescribed by state law, must be a registered voter in the City of Fayetteville and must be a bona fide resident of the City of Fayetteville for one (1) year next preceding the time of the holding of the election in which a candidate. No person shall be eligible to serve as a Mayor or a

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Council Member who shall have been convicted of a crime involving moral turpitude unless such person has received a full pardon and has all rights of citizenship restored. Sec. 2.03. Election of Mayor and Council Members. The Council Member positions upon the City Council shall be designated as Council Member, Post No. 1; Council Member, Post No. 2; Council Member, Post No. 3; Council Member, Post No. 4; and Council Member, Post No. 5. A candidate for any position as Council Member shall at the time of qualifying designate by post number the position that candidate is seeking. A candidate for Mayor shall at the time of qualifying designate that such candidate is seeking the office of Mayor. The candidate for Mayor and the candidate for each post who receive a majority of the votes cast for the respective office shall be elected thereto. A candidate for Council Member may qualify for any one of the posts for which Council Members are to be elected. The election of Mayor and Council Members shall be conducted in the manner hereinafter prescribed for regular elections. In the event of a tie vote for any aforementioned position, the winner shall be determined by a special election. Sec. 2.04. Terms of Office. (a) Successors to the mayor and to the council members from Post No. 1 and Post No. 2 whose terms of office are to expire shall be elected at the regular municipal election in November, immediately prior to such expiration of terms, and shall take office the first day of January immediately following such election for terms of office of four years each and until their respective successors are elected and qualified. (b) Successors to the council members from Post No. 3, Post No. 4, and Post No. 5 whose terms of office are to expire shall be elected at the regular municipal election in November, immediately prior to such expiration of terms, and shall take office the first day of January immediately following that election for terms of office of four years each and until their respective successors are elected and qualified. Sec. 2.05. City Council. The governing body of said City shall be composed of a Mayor and five (5) Council Members, in which is vested all corporate, legislative and other powers of the City, except as otherwise provided by this Charter or state law. The City Council shall exercise its powers in public meetings by a majority vote of present and voting Council Members. A majority of the Council Members shall constitute a quorum. Once a quorum is established, the quorum cannot be defeated by a subsequent departure of a Council Member. The City Council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the Council.

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Sec. 2.06. Regular and Special Meetings of Mayor and Council. (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 3 members of the City council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council members presence. Only the business stated in the call may be transacted at the special meeting. Sec. 2.06. Mayor as Presiding Officer; Powers. The Mayor shall preside at meetings of the City Council; shall have a vote only in the case of a tie vote by Council Members; shall have veto powers, in which case the Mayor shall have five (5) days after meetings of the Council in which to file in writing with the clerk his dissent, but the Council may at the same meeting or any subsequent meeting within thirty-one (31) days, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of Council Members, to be taken by ayes and nays and entered upon the minutes; shall be the ceremonial head of the City; shall sign ordinances and resolutions on their final passage; may obtain short term loans in the name of the City when authorized by the Council to do so; shall perform such other duties imposed by this Charter and duly adopted ordinances; and 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. Sec. 2.07. Mayor Pro-tem. The Council Members, at the first regular meeting and after the newly elected Council Members have taken office following each regular election, shall elect from its membership a Mayor pro-tem for a term of one (1) year. Upon the City Council's failure to elect a Mayor pro-tem at its first meeting each year, the incumbent Council Member who received the highest number of votes, when last elected, shall be declared Mayor pro-tem. The Mayor pro-tem shall perform the duties of the Mayor during his absence from the City, his disability, or until the replacement of the Mayor by a special election, upon the vacancy of the office of Mayor. The Mayor pro-tem, when acting in the Mayor's absence, disability or vacancy from office, shall be counted to make a quorum of the Council and shall vote in a tie vote or to make a majority vote.

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Sec. 2.08. Vacancy in Office of Mayor and Council Member. (a) A vacancy shall exist if the Mayor or a Council Member resigns, dies, moves his residence from the City, or is absent from four (4) consecutive regular meetings of the governing authority, except if granted a leave of absence by the City Council; which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. (b) The City Council shall appoint a qualified person to fill any such vacancy in the office of Council Member, said person to hold office until the next regular election. (c) At no time shall there be more than one Council Member so appointed holding office; and if a vacancy occurs on the City Council with one member so appointed on the Council, a special election shall be held within a period of forty-five (45) days after the office becomes vacant pursuant to a call of a special election as provided by this Charter; however, if a special election is called pursuant to this Charter the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the remainder of the unexpired terms in a special election. Provided, however, if a regular election for the City shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. (d) In the event a vacancy should occur in the office of the Mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code, as it now exists or may hereafter be amended. Sec. 2.09. Compensation and Expenses. The City Council may determine the salary of the Mayor and Council Members by ordinance, provided that salary changes enacted shall be governed by Georgia Law. Each Council Member and the Mayor, when authorized by the Council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties of office. Sec. 2.10. City Clerk. The City Council shall appoint a City Clerk who shall be ex-officio treasurer and who shall serve at the pleasure of the City Council. He shall be responsible for keeping and preserving the City seal and all records of the City Council; attending meetings of the City Council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office,

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for which fees may be prescribed by law; and performing such other duties as may be required by the Council or Mayor. Sec. 2.11. City Legislation. Any action by the City Council, having a regulatory or penal effect or having the force and effect of law shall be done by ordinance and shall be in written form before being introduced. The affirmative vote of at least three (3) members of the Council shall be required to pass any resolution or ordinance. After adoption of ordinances, the City Clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the City Clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the City Clerk. Sec. 2.12. Procedures; Ordinances. No ordinance, except in the case of an emergency ordinance, shall be adopted until one of the two (2) following procedures is followed: (a) The full written text of the proposed ordinance is posted for public inspection at two (2) consecutive Council meetings, not less than seven (7) days and not more than forty-five (45) days apart. The posting of the ordinance shall be publicly announced at the first meeting at which the text of the ordinance is posted. The text of the ordinance shall be available at City Hall for public inspection after the first meeting. The ordinance may be adopted at the second or subsequent meetings; or the adoption of an ordinance may be continued from meeting to meeting, upon public announcement at the second meeting or at subsequent meetings, of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted. (b) At least five (5) days, but not more than forty-five (45) days prior to the meeting of the Council at which the ordinance shall be considered for adoption, the City Clerk shall cause to be published a notice of the proposed adoption of the ordinance stating the purpose of the ordinance, the date, time and place of its proposed adoption, and the fact that the full written text of the proposed ordinance may be viewed at the office of the City Clerk. The text of the ordinance shall be available at City Hall for public inspection during regular business hours of the City Hall, from the time the notice is published until the ordinance's consideration and vote by the Council. The adoption of an ordinance may be continued from meeting to meeting, upon public announcement at any meeting of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted.

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2.13 Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the City council may convene on call of the mayor or 3 council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the majority vote of those council members who are present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. 2.14 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 Section 2.12 for posting of copies of the ordinance shall be construed to mean that copies of any code of technical regulations, may be posted with the adopting ordinance or may be maintained in the City Clerk's office for public inspection during normal business hours; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be filed and preserved by the City clerk pursuant to Section. Sec. 2.15. Codification. 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 Fayetteville, Georgia. Copies of the code shall be furnished to 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.

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ARTICLE III. ORGANIZATION AND PERSONNEL Sec. 3.01. Organization. The City government shall continue as presently organized, unless and until otherwise provided by ordinance. The City Council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the City. Sec. 3.02. City Attorney. The City Council shall appoint a City Attorney, together with such assistant City Attorneys as may be authorized by ordinance. 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 Solicitor in the Municipal Court; shall attend the meetings of the City 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 provided by the Mayor and Council Members. Sec. 3.03. Oath of Office. Before a person takes any office in the City government, he 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 Consitution of the United States and of the State of Georgia; and that I will in all respects observe the provisions of the Charter and ordinances of the City of Fayetteville, that I will faithfully discharge the duties of the office of __________, and that I will to the utmost of my skill and ability endeavor to promote the interest and property of said City, without fear, favor or affection. So help me God. Sec. 3.04. Conflicts of Interest; Holding Other Offices. (a) Elected and appointed officers of the City are trustees 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

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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 as authorized by Georgia law, 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 gift valued in excess of $100.00, 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 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 council member 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. (e) Ineligibility of Elected Official Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the City or otherwise be employed by

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said government or any agency thereof during the term for which that official was elected. No former mayor and no former council member shall hold any compensated appointive office in the City until one year after the expiration of the term for which that official was elected. (f) 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 council either immediately upon election or at any time such conflict may arise. Sec. 3.05. 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. Sec. 3.06. City Manager; Appointment, Qualifications, Term, Compensation. The Council shall appoint a City Manager, who shall be the administrative head of the City government and shall be responsible for the administration of all departments. The City Manager shall be appointed with regard to merit only and need not be a resident of the City when appointed. The City Manager shall hold office during the pleasure of the Council, and shall receive such compensation as the Council shall determine. The City Manager may reside outside the City while in office only upon the approval of the Council. Sec. 3.07. City Manager; Duties and Responsibilities. The City Manager shall: (a) See that the laws of the State and the ordinances, resolutions, rules and regulations of the City are faithfully executed and enforced; (b) Prepare the agenda and attend meetings of the Mayor and Council and recommend for adoption any measure deemed expedient; (c) Make reports to the Mayor and Council from time to time upon the affairs of the City and keep the Mayor and Council fully advised of the City's financial condition and its future financial needs; (d) Appoint and suspend or remove all City employees, except those persons appointed by the Mayor and Council in accordance with such

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general personnel rules, regulations, policies or ordinances as the Mayor and Council may adopt; (e) Prepare and submit the annual budget and capital improvement program to the Mayor and Council; (f) Direct and supervise the administration of all departments, properties, and operations of the City, except as otherwise provided by this Charter or general State law; (g) Investigate the affairs, records, accounts and expenditures of the various commissions and boards created by the City of Fayetteville, and report thereon at least once a year to the Mayor and Council; (h) Have the right to request the counsel, advice or opinion of the City Attorney concerning any matter affecting the interest of the City; and it shall be the duty of the City Attorney to respond to such request to the best of his ability; (i) Act in a liaison capaCity on behalf of the Mayor and Council with boards, offices, agencies and commission of the City; (j) Exercise any other powers and perform any other duties required or authorized by the Mayor and Council and not inconsistent with this Charter. Sec. 3.08. Mayor and Council not to Interfere with Administration. Except for the purpose of inquiry and investigation, the Mayor and Council shall deal with City employees who are subject to appointment and removal by the City Manager solely through the City Manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. Sec. 3.09. City Manager; Suspension and Removal. The Council may remove the City Manager from office in accordance with the following procedure: (a) The Council shall hold a meeting with the City Manager in closed session to discuss the performance of the City Manager. The City Manager may not be represented by counsel at the meeting. If the meeting does not result in a resolution of the issue(s) to the satisfaction of the Council, then the City Council shall proceed with formal proceedings as provided hereinafter. (b) The Council shall adopt a preliminary resolution for the removal of the City Manager. (c) The resolution may also provide for the suspension of the City Manager for a period not to exceed thirty (30) days. (d) A copy of the resolution shall promptly be served on the City Manager.

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(e) A public hearing shall be held if a written request therefor is filed by the City Manager with the Mayor not later than three (3) days after service upon him of a copy of the preliminary resolution. (f) The public hearing, if requested, shall be held at a regularly scheduled or called Council meeting not less than six (6) nor later than thirty (30) days after the request is filed. The City Manager may file with the Mayor a response to the preliminary removal resolution not later than three (3) days prior to the public hearing. (g) The Council shall adopt a final resolution of removal which may be made effective immediately. Such a final resolution of removal may be made at any time after six (6) days from the date when a copy of the preliminary resolution was served on the City Manager if no public hearing has been requested in writing, or at any time after the public hearing if a request therefor has been properly and timely filed. (h) The City Manager shall be entitled to receive his salary up until the effective date of a final resolution of removal. (i) The action of the Council in suspending or removing a City Manager shall not be subject to review by any court or agency except for the determination of constitutional questions. Sec. 3.10. Acting City Manager. By letter filed with the City clerk, the City manager shall designate, subject to approval of the City council, a qualified City administrative officer to exercise the powers and perform the duties of manager during 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. ARTICLE IV. ADMINISTRATIVE AFFAIRS Section 4.01. Administrative and Service Departments. (a) Except as otherwise provided in this Charter, the City council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all nonelective offices, positions of employment, departments, and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this Charter or by law, the directors of departments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) Unless otherwise provided by ordinance, 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,

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be responsible for the administration and direction of the affairs and operations of that director's department or agency. (d) All appointive officers and directors under the supervision of the City manager shall be appointed by the City manager. 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 4.02. Boards, Commissions and Authorities. (a) The City council shall create by ordinance such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasilegislative function the City council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof (b) All members of boards, commissions and authorities of the City shall be appointed by the City council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this Charter or by law. (c) The City council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any 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) All board members serve at-will and may be removed at any time by a vote 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. Unless otherwise provided by ordinance, 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, subject to change, modification or repeal by the City Council. Copies of such bylaws, rules and regulations shall be filed with the clerk of the City. Section 4.03. 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

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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 4.04. Personnel Policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by this Charter or by ordinance. ARTICLE V. FISCAL ADMINISTRATION Sec. 5.01. Fiscal Year. The fiscal year of the City government shall begin on the first day of January and shall end on the thirty-first day of December of each year, but a different fiscal year may be fixed by ordinance for the entire City government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the City government, unless otherwise provided by law. Sec. 5.02. Submission of Annual Budget. On or before a date fixed by the Council, but not later than sixty (60) days prior to the beginning of each fiscal year, the City Manager shall submit to the Mayor and Council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year, (b) appropriation and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and surplus at the end of the preceding fiscal year, and (e) such other information and data, as may be considered necessary by the Mayor and Council Members. Sec. 5.03. Action by Council on Budget. Before the beginning of the fiscal year, the Council shall adopt an appropriate ordinance, based on the proposed budget, with such modifications as the Council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office and agency unless otherwise directed by the Council. The Council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the City; provided the Council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriations ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the

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appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Sec. 5.04. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus. Sec. 5.05. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the general fund as unappropriated surplus or reserves. Sec. 5.06. Capital Improvements Budget. (a) On or before a date fixed by the Council but not later than sixty (60) days prior to the beginning of each fiscal year, the City Manager shall submit to the Mayor and Council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening lives, health or property of inhabitants when passed by four-fifths vote of the membership of the Council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the Council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the Council considers necessary or desirable. No appropriations provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, the City Manager may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the Council. Sec. 5.08. Annual Audit. The City Council shall employ a certified public accountant to make an annual audit of all financial books and records of the City. The accountant shall file his report with the Mayor and Council Members and shall prepare a summary of the report which shall be furnished or made available to the City Council.

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Sec. 5.09. Publication of Financial Statement. As soon as practicable after the close of the fiscal year, but within six (6) months after the close thereof, the City Council shall cause to be published in a local newspaper of general circulation a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the City, as of the close of the preceding fiscal year. Sec. 5.10. 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 operation the City government, of provided 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. Sec. 5.11. Tax Levy. 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, and 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. Sec. 5.12. 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 through by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City permits for failure to pay any City taxes or fees; and providing for the assignment or transfer of tax executions. Sec. 5.13. 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.

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Sec. 5.14. Contracting Procedures. No contract with the City shall be binding on the City unless: (a) it is in writing; and (b) it is made or authorized by the City council and such approval is entered in the City council minutes of the proceedings. ARTICLE VI. ELECTIONS Section 6.01. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code as now or hereafter amended. ARTICLE VII. MUNICIPAL COURT Sec. 7.01. Creation. There is hereby established a court to be known as the Municipal Court, City of Fayetteville, which shall have jurisdiction and authority to try offenses against laws and ordinances of said City and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance; to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Fayetteville constituting traffic cases which under the law of Georgia are placed within the jurisdiction of municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the Municipal Court Judge. Said court shall be convened at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place within the City and provided for such purposes by the City council. Sec. 7.02. Municipal Court Judge. (a) No person shall be qualified or eligible to serve as Municipal Court Judge unless he shall have attained the age of twenty-one (21) years and shall not have been convicted of a crime involving moral turpitude. The Municipal Court Judge shall be licensed to practice law in the State of Georgia. The City Council shall appoint and remove the Judge at their discretion, and shall fix his compensation. (b) The Judge pro-tem shall serve in the absence or disqualification of the Judge; shall have the same qualifications as the Judge; and shall be appointed by the City Council.

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(c) Before entering on duties of his office the Judge or Judge pro-tem shall take an oath before an officer duly authorized to administer oaths in this state, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. Sec. 7.03. Solicitor of Municipal Court. (a) No person shall be qualified or eligible to serve as Municipal Court Solicitor unless he shall have attained the age of twenty-one (21) years and shall not have been convicted of a crime involving moral turpitude. The Municipal Court Solicitor shall be licensed to practice law in the State of Georgia. The City Council shall appoint and remove the Solicitor at their discretion, and shall fix his compensation. (b) The Solicitor pro-tem shall serve in the absence or disqualification of the Solicitor; shall have the same qualifications as the Solicitor. (c) The Solicitor shall have the power to amend an accusation pending before the Municipal Court. Sec. 7.04. Jurisdiction; Powers. (a) The Judge shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Fayetteville passed in accordance with this Charter. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Fayetteville, which warrants may be executed by any officer of said City, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction. The Municipal Court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the Judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Fayetteville. The Municipal Court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors, judges, police courts, and particularly such laws as authorize the abatement of nuisances. Said Judge is hereby authorized to administer oaths. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 dollars or imprisonment for 6 months (unless a different maximum fine or imprisonment is provided by law) or both such fine and imprisonment or may fix punishment by fine, imprisonment, community service or alternative sentencing as now, or hereafter provided by law. All ordinances of the City are hereby modified

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and amended to conform to the limits set forth in this paragraph for fines and imprisonment. (d) 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 (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (e) The municipal court shall have the same authority as superior courts to 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. (f) 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. Sec. 7.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fayette County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Sec. 7.06. Court Costs. 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. Sec. 7.07. 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

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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 VIII. SEVERABILITY Sec. 8.01. Intent. 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 so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts hereof would have been declared or adjudged invalid or unconstitutional. ARTICLE IX. REPEALER Sec. 9.01. Conflicting Laws. All laws and parts of laws in conflict with this act are hereby repealed. ARTICLE X. EFFECTIVE DATE Sec. 10.01. Effective Date. This ordinance shall become effective immediately following its adoption and filing in the office of the Secretary of the State of Georgia and in the office of the Clerk of the Superior Court of Fayette County. ADOPTION. Those voting for first adoption on August 5, 1996, at a regular meeting of the City Council and open to the public in all respects: GLENN BREWER LARRY DELL ALBERT W. HOVEY-KING KENNETH STEELE WALT WHITE Those voting for Final Adoption on August 19, 1996, at a regular meeting of the City Council and open to the public in all respects: GLENN BREWER LARRY DELL ALBERT W. HOVEY-KING KENNETH STEELE WALT WHITE
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ATTEST: MICHAEL E. WHEAT, MAYOR JUDY STEPHENS, CLERK PUBLISHER'S AFFIDAVIT This is to certify that the attached legal advertisement, a Notice of Intent to Adopt a Revised and Restated Charter for the City of Fayetteville, was published in the official organ of Fayette County, State of Georgia, The Fayette County News, on the following dates: July 25, 1996; August 1, 1996; and August 8, 1996. FAYETTE COUNTY NEWS By: Gary L. Cornwell PUBLISHER Sworn and subscribed to and before me this 20th day of August, 1996. Melissa Waldrep Notary Public, Fayette County, Georgia My Commission Expires April 12, 1998 (SEAL) NOTICE TO THE PUBLIC OF AN ACT TO CREATE A REVISED AND RESTATED CHARTER FOR THE CITY OF FAYETTEVILLE Notice is given that the Mayor and the Council of the City of Fayetteville desire to adopt a revised and restated Charter for the City of Fayetteville. The purpose of the restated Charter is to prescribe the corporate limits of said City; to provide for the government of said City; to enumerate the corporate powers of the City; to provide for the preservation of ordinances, bylaws, rules and regulations; to provide for the officials of said City and their selection, oath, compensation, powers, duties and terms of office; to provide for filing vacancies; to provide for the fiscal administration of the City government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes.

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City Council will meet at the Fayetteville City Hall for its regular meeting at 7:30 p.m. on the 5th day of August, 1996 for the first reading and first adoption of the proposed ordinance creating said Charter, and will meet for its regular meeting at 7:30 p.m. on the 19th day of August, 1996 for the final reading and final adoption of said proposed ordinance creating said Charter. A copy of said ordinance and the proposed charter are posted at City Hall, and a copy is on file in the office of the Clerk of the City of Fayetteville and in the office of the Clerk of the Superior Court of Fayette County for the purpose of examination and inspection by the public. The Clerk of the City of Fayetteville shall furnish anyone, upon written request, a copy of the proposed ordinance and charter. David P. Winkle OLIVER, DUCKWORTH, SPARGER WINKLE, P.C. 146 North McDonough Street Post Office Box 37 Jonesboro, Georgia 30237 Attorney for the City of Fayetteville July 25, August 1, 8, 1996 Filed in the Office of the Secretary of State August 27, 1996. CITY OF LAFAYETTE FRANCHISES; MAXIMUM PERIOD. ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA ORDINANCE NO. 96/15 AN ORDINANCE OF THE CITY OF LAFAYETTE, GEORGIA, FOR THE PURPOSE OF AMENDING THE CHARTER OF THE CITY OF LAFAYETTE, GEORGIA, (GA. L. 1969, P.2298) BY INCREASING THE MAXIMUM PERIOD FOR A FRANCHISE TO THIRTY-FIVE YEARS; TO REPEAL ORDINANCES IN CONFLICT HEREWITH; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Council of the City of LaFayette, Georgia, and the Mayor and Council of the city of LaFayette, Georgia, HEREBY ORDAIN as follows, to-wit: Pursuant to The Municipal Home Rule Act of 1965, as amended, and O.C.G.A. 36-35-3 of said Act, as amended, the Charter of the City of LaFayette, Georgia (GA. L. 1969, p.2298) is amended as follows, to-wit: 1. By deleting from Chapter V, Article II, Section 5-21 the words twenty (20) and substituting in lieu thereof the following words thirty-five (35).

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2. (A) All other ordinances or parts of ordinances heretofore enacted by the City of LaFayette, Georgia, in conflict herewith are hereby repealed. (B) This ordinance shall become effective upon its being adopted at two regular consecutive meetings of the Mayor and Council of the City of LaFayette, Georgia. SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 12th DAY OF AUGUST, 1996. BY: HILL POPE, MAYOR PRO TEM CITY OF LAFAYETTE, GEORGIA ATTEST: GLENNA THOMAS, CITY CLERK CITY OF LAFAYETTE, GEORGIA SO ORDAINED AND ADOPTED AT A REGULAR MEETING OF THE MAYOR AND COUNCIL OF THE CITY OF LAFAYETTE, GEORGIA, ON THE 9th DAY OF SEPTEMBER, 1996. H. NEAL FLORENCE, MAYOR CITY OF LAFAYETTE, GEORGIA ATTEST: GLENNA THOMAS, CLERK CITY OF LAFAYETTE, GEORGIA CERTIFICATE OF CLERK I hereby certify that I am the duly appointed and acting Clerk for the city of LaFayette, Georgia, and I am the Official Custodian of the records and minutes of the Mayor and Council, and attached hereto is a true and correct copy of an Ordinance of the Mayor and Council which was duly adopted at the regular September Meeting of the Mayor and council which was held on September 9, 1996, at City Hall, S. Duke Street, LaFayette, Georgia and that all provisions of law were complied with including, but not limited to the Open Meetings Act. I further certify that said Ordinance is currently in force and effect, not having been repealed or modified by subsequent action of the Mayor and Council. Witness my Official Signature and the Seal of the City of LaFayette, Georgia, this 11th day of September, 1996. Glenna Thomas, Clerk City of LaFayette, Georgia

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AFFIDAVIT OF PUBLICATION STATE OF GEORGIA, County of Walker S. S. I Donald A. Stilwell do solemnly swear that I am the Editor of THE WALKER COUNTY MESSENGER, printed and published at LaFayette in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Legal #294 - Ron Womack (Franchise (35 yrs)) was inserted in THE WALKER COUNTY MESSENGER in space of Legals on dates as follows: July 31, 1996 August 7, 1996 August 14, 1996 Subscribed and sworn to before me This 5th day of Sept. 1996 Tracy A. Tomlin Notary Public, Walker County, Georgia My Commission Expires May 22, 1999 294 NOTICE Pursuant to the Official Code of Georgia Annotated, notice is hereby given that the Mayor and Council of the City of LaFayette, Georgia, by Ordinance intends to amend the Charter of the City of LaFayette, Georgia, (Ga. L. 1969, p. 2298) by increasing the maximum period for a franchise to thirty-five (35) years. A copy of the proposed Ordinance amending the Charter is on file in the Office of the City Clerk for the City of LaFayette, Georgia, and in the Office of the Clerk of Superior Court of Walker County, Georgia, for the purpose of examination and inspection by the public. This 16th day of July, 1996. Glenna Thomas Clerk, City of LaFayette, Georgia WM7/31,8/7,8/14 Filed in the Office of the Secretary of State September 17, 1996. CITY OF MACON CITY COUNCIL; PUNISHMENT OF MEMBERS FOR DISORDERLY BEHAVIOR OR MISCONDUCT. AN ORDINANCE OF THE CITY OF MACON, GEORGIA, AMENDING ARTICLE II, CHAPTER 3, SUBCHAPTER C, SECTION 2-322 (a) OF THE CHARTER OF THE CITY OF MACON, PURSUANT TO THE AUTHORITY GRANTED THE CITY OF MACON UNDER THE MUNICIPAL HOME RULE ACT OF 1965 (1965 GA. LAWS, P. 298, ET SEQ., AS AMENDED, OFFICIAL CODE OF GEORGIA ANNOTATED 36-35-1, ET SEQ.) SO AS TO PROVIDE THAT CITY COUNCIL SHALL HAVE THE POWER TO PUNISH THE DISORDERLY BEHAVIOR OR MISCONDUCT OF ITS MEMBERS BY CENSURE OR FINE; AND FOR OTHER PURPOSES.

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BE IT ORDAINED by the Mayor and Council of the City of Macon, Georgia, and it is hereby so ordained by the authority of the same pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. Laws, p. 298, et seq., as amended, Official Code of Georgia Annotated 36-35-1, et seq.) as follows: Section 2-322(a), of Subchapter C, of Chapter 3, of Article II of the Charter of the City of Macon is amended to read as follows: (a) The council, at any regular or special meeting called for that purpose by a majority of all members, may adopt rules of procedure and have the power to punish its members for disorderly behavior and misconduct by censure or fine, may adopt an order of business or amendments thereto that are consistent with this Charter, without the need for approval by the Mayor. All charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. SO ORDAINED this 21 day of May, 1996. W.C. Hill President, City Council City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held May 21, 1996. Witness my hand and seal of the City of Macon this May 22, 1996. Yolandra B. Mims Clerk of Council Ordinance was returned unsigned by Mayor; it became law Monday, June 3, 1996 at 12:00 noon. SO APPROVED this_____day of__________, 1996. Mayor SUBMITTED TO MAYOR'S OFFICE May 22, 1996 RETURNED FROM MAYOR'S OFFICE June 4, 1996 4:45 pm Ordinance was returned unsigned by Mayor.

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SO ORDAINED this 5th day of June, 1996. W.C. Hill President, City Council City of Macon, Ga. I do hereby certify that the above and foregoing Ordinance was duly passed at the Regular Meeting of the Council of the City of Macon, held June 4, 1996. Witness my hand and seal of the City of Macon this June 5, 1996. Yolandra B. Mims Clerk of Council SO APPROVED this _____ day of __________, 1996. _____ Mayor SUBMITTED TO MAYOR'S OFFICE June 5, 1996 RETURNED FROM MAYOR'S OFFICE June 5, 1996 5:00 pm Ordinance was returned unsigned by Mayor. OFFICE OF THE MAYOR City of Macon June 4, 1996 Mr. Willie Hill, President Macon City Council Dear President Hill: I have reviewed the attached, proposed amendment to Macon's Charter. City Council passed this amendment on May 21, 1996. I am returning it without the approval of my signature. It is greatly disappointing that what should be a matter of civility and common courtesy has now become a problem requiring the option of sanctions. United, positive, progressive leadership is critical to Macon's future success, perhaps more so now than ever before in Macon's history. Sadly, the proposed Charter amendment suggests such leadership can only be attained through compulsion, if at all. And ironically, action taken pursuant to the proposed amendment may foster more divisiveness, not less. But we are in an era of harsh rhetoric and extremism, and Macon is not the only community or government suffering from divisiveness, incivility and indecency. Even the United States Congress has rules regulating conduct and speech, recognizing that political debate frequently

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moves beyond rational discourse to emotional appeals and, at times, to personal attacks. I do not approve of the proposed amendment to our Charter as presently drafted. I am concerned the amendment may be interpreted to give a bare-majority of Council the authority to establish rules of conduct and then enforce those rules by censure or fine, regardless the wisdom or constitutionality of the proposed rule or sanctioning action. While I have every confidence that members of the current Council would not act inappropriately, a Charter amendment opens the door to bare-majority abuse by some future group of Council members. I would not amend our Charter to potentially give such authority to a bare-majority and would support any effort to modify the proposed Charter change to require a two-thirds vote to sanction or fine. However, two-thirds of Council membership, the number sufficient to override my veto, voted in favor of the proposed amendment. In light of this margin and because I believe Council governance matters normally should be left to Council, I have not vetoed the proposed amendment, but have returned it unsigned. Assuming the proposed Charter change is adopted as now drafted, I urge members of Council to include a super-majority vote requirement when the rules permitting sanctions are created. Very truly yours, Jim Marshall Mayor JM:acm cc: City Council Members September 13, 1996 I, Barbara K. Wood, Acting City Clerk, do hereby certify that the attached copy of Ordinance #0-96-0020 of the City of Macon, Ga., amending Article II, Chapter 3, subchapter C, Section 2-322(a) of the Charter of the City of Macon, pursuant to the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (1965 Ga. laws, P.298, et. seq., as amended, official code of Gerogia annotated 36-25-1, et seq.) so as to provide that city council shall have the power to punish the disorderly behavior or misconduct of it's members by censure or fine, is a true and correct copy of said ordinance on file in the City Clerk's Office, City Hall. Barbara K. Wood Acting City Clerk City Clerk's Office City Hall P.O. Box 247 Macon, GA 31298
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STATE OF GEORGIA COUNTY OF BIBB PERSONALLY APPEARED BEFORE ME, A NOTARY PUBLIC WITHIN AND FOR ABOVE STATE AND COUNTY, DAVID SAWYER, WHO DEPOSES AND SAYS HE IS THE LEGAL COORDINATOR FOR THE MACON TELEGRAPH AND IS DULY AUTHORIZED BY THE PUBLISHER THEREOF TO MAKE THIS AFFIDAVIT, AND THAT ADVERTISEMENT AS PER ATTACHED CLIPPING HAS BEEN PUBLISHED IN THE MACON TELEGRAPH ON THE FOLLOWING DATES: 04/13, 04/20, 04/27, SIGNED SWORN TO AND SUBSCRIBED BEFORE ME THIS 03 DAY OF MAY, 1996 MARY R. WOODFORD NOTARY PUBLIC, BIBB COUNTY, GEORGIA My Commission Expires June 7, 1997 CITY ATTORNEY CITY OF MACON P O BOX 247 MACON GA 31298 GEORGIA, BIBB COUNTY PUBLIC NOTICE This advertisement is to provide notice that the City of Macon proposes to amend the Charter of the City of Macon, Article II, Chapter 3, Subchapter C, Section 2-322(a) of the Code of Macon, Georgia (1991), as amended in accordance with the procedure set forth in Official Code of Georgia Annotated Section 36-35-1, et seq., designated as the Municipal Home Rule Act of 1965, as amended, so as to provide that City Council shall have the power of punish the disorderly behavior of its members by censure or fine. Copies of the proposed amendments are on the file in the Office of the Clerk of the City of Macon and in the Office of the Bibb County Superior Court Clerk. Robert E. Little Assistant City Attorney City of Macon 8765(143599) 4/13,20,27) Filed in the Office of the Secretary of State September 23, 1996.

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CITY OF WAYCROSS MUNICIPAL COURT; JUDGE; JUDGE PRO TEMPORE. ORDINANCE NO. 96-26 ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED (O.C.G.A. 36-35-1, ET SEQ. ); TO AMEND THE CHARTER OF THE CITY OF WAYCROSS, GEORGIA; TO AMEND SECTION 59 POLICE COURT; TO AMEND SUBPARAGRAPHS, (A), (B), (C), (D), (E), (F), and (G) UNDER SUBSECTION (1); TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES AND CHARTER PROVISIONS; TO PROVIDE FOR SEVERABILITY; AND FOR OTHER PURPOSES. Pursuant to the provisions of O.C.G.A. 36-35-1, et seq., Be It Ordained by the Commission of the City of Waycross, Georgia and it is hereby ordained by the authority of the same as follows: SECTION 1. Section 59 Police Court of the Charter of the City of Waycross, Georgia is hereby amended by amending Subparagraphs (A), (B), (C), (D), (E), (F) and (G) under Subsection (1) to read as follows: (A) No person shall be eligible to serve as judge of said court unless such person shall be, at the time of qualification, at least 21 years of age, shall be a resident of the Waycross Judicial Circuit, and shall be a licensed, practicing attorney at law in good standing. (B) Any person selected to be Judge of said Court shall preside over said court and shall try and determine all cases therein, without a jury. Said person shall be clothed with all the powers as Judge of said Court as set forth in this Charter, the ordinances of the City of Waycross, Georgia, and as provided by law. (C) Before entering upon the duties of office said person shall take and subscribe the following oath, which shall be entered upon the minutes of the Commission; I solemnly swear that I will uprightly demean myself as Judge of the Police Court of the City of Waycross and that I will faithfully and impartially discharge all the duties incumbent on me as presiding Judge of said Police Court of said City, according to my best ability and understanding, and agreeably to the laws and constitution of the United States and the Charter and ordinances of the City of Waycross, and the laws and Constitution of State of Georgia, so help me God. (D) The Judge shall hold Court at stated hours daily, Sunday excepted, or as often as the exigencies of business may demand. In case the Judge is absent from the City, sick, disqualified, or for other cause is unable to hold Court, the Judge pro tempore shall preside and act as Judge of said Court in the place of said Judge and while so doing shall be clothed with all the rights and powers of the Judge of said Court.

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(E) The Judge of said Court and the Judge Pro Tempore of said Court shall serve at the pleasure of the Commission of the City of Waycross. (F) The Judge of said Court shall be selected by the Commission of the City of Waycross in the same manner and at the same time as the City Manager and other officers are now elected, for a term of one (1) year. (G) In case a vacancy shall occur in the office of Judge of said Court such vacancy shall be filled by the Commission of the City of Waycross. SECTION 2. This ordinance and Charter amendment shall become effective immediately upon its adoption of the Commission of the City of Waycross at two (2) regular meetings not less than seven nor more than sixty days apart. SECTION 3. All ordinances or parts of ordinances and all Charter provisions and parts of Charter provisions in conflict herewith are hereby repealed. SECTION 4. If any portion of this ordinance shall be held to be invalid or unconstitutional such invalidity or unconstitutionality shall not affect or impair the remaining portions unless it clearly appears that such other parts are whole and necessarily dependent upon the part held to be invalid or unconstitutional. SO ORDAINED this the 20th day of August, 1996. CITY OF WAYCROSS, GEORGIA BY: R.L. Odum MAYOR ATTEST: Jerry L. Grimes CITY CLERK Read First Time 8/6/96 Read Second Time and approved 8/20/96 GEORGIA, WARE COUNTY Personally appeared before the undersigned, duly authorized by law to administer oaths, JERRY L. GRIMES, who being duly sworn on oath, deposes and says. 1. That he is the City Clerk of the City of Waycross, Georgia and has held such position at all times pertinent hereto. 2. That attached hereto is a true and correct copy of the Ordinance amending the City Charter of the City of Waycross (hereinafter

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referred to as Charter Amendment) which Charter Amendment was adopted by the Commission of the City of Waycross by reading and approving the same in accordance with the Charter and Code of the City of Waycross at two regular meetings, not less than seven nor more than sixty days apart; and pursuant to the terms of O.C.G.A. Section 36-35-1, et seq.; the first such reading and approval was held on August 6, 1996 and the second was held on August 20, 1996. 3. That the undersigned hereby certifies that the attached copy of the Charter Amendment is a true and correct copy of the Charter Amendment adopted pursuant to readings held and approved by the Commission of the City of Waycross on August 6, 1996 and August 20, 1996. 4. That a copy of the notice was published in the Waycross Journal Herald on August 3, 1996, August 10, 1996, and August 17, 1996. A copy of said Charter Amendment was on file in the Office of the City Clerk at City Hall, 417 Pendleton Street, Waycross, Georgia and available for inspection and copying during normal business hours commencing on August 1, 1996 through and including the date of final approval on September 3, 1996. 5. That a copy was filed in the (a) Office of the Clerk of Ware Superior Court, on August 1, 1996 and was available for public inspection, and (b) and filed in the Office of Pierce Superior Court on August 2, 1996, all in accordance with the provisions of O.C.G.A. Section 36-35-3. JERRY L. GRIMES, CITY CLERK Sworn to and subscribed before me this the 19th day of Sept., 1996. Laverne Lovett NOTARY PUBLIC, Ware County, Georgia MY COMMISSION EXPIRES Jan. 18, 1998 GEORGIA, WARE COUNTY. PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned, an officer duly authorized by law to administer oaths in said State and County, Ryvanua R. Mock, who being duly sworn, states that (s)he is legal advertisements manager for the Waycross Journal Herald, a daily newspaper of general circulation in the City of Waycross, Georgia, and the paper in which the Sheriff's advertisements for Ware County, Georgia are published, and that the legal notice, a copy of which is annexed hereto, was published in the Waycross Journal Herald, once a week for three weeks on the following dates: August 3, 1996 August 10, 1996 August 17,1996

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Ryvanua R. Mock Legal Advertisements Manager Waycross Journal Herald Sworn to and subscribed before me, this 19th day of Sept., 1996. Barbara M. Teachey Notary Public MY COMMISSION EXPIRES JAN. 16, 1999 NOTICE Notice is given that there has been filed with the clerk of the City of Waycross, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Waycross by amending Subparagraphs (A), (B), (C), (D), (E), (F), and (G), under Subsection (1), Section 59, to provide that the Judge of the Police Court must be a resident of the Waycross Judicial Circuit, to change the title of the presiding officer from recorder to Judge, to change the oath of office, to provide that the Judge of said Court serves at the pleasure of the City Commission, to provide that the City Commission shall set the compensation for the Judge of said Court, to provide for a Judge Pro Tempore of said Court. A copy of the proposed ordinance is on file in the office of the Clerk of the City of Waycross, Georgia. A copy is also on file in the office of the Clerk of Superior Court of Ware County, Georgia, and in the office of the Clerk of Superior Court of Pierce County, Georgia and such ordinance is available at any of said places for the purpose of examination or inspection by the public. This the 31st day of July, 1996. CITY OF WAYCROSS BY: NEAL L. CONNER, JR. CITY ATTORNEY 8-3-3Sats. Filed in the Office of the Secretary of State September 23, 1996. CITY OF WAYCROSS PUBLIC UTILITIES. ORDINANCE NO 96-29 ORDINANCE ADOPTED UNDER THE PROVISIONS OF THE MUNICIPAL HOME RULE ACT OF 1965, AS AMENDED ( O.C.G.A. 36-35-1 ET SEQ. ) TO AMEND THE CHARTER OF THE CITY OF WAYCROSS, GEORGIA; TO AMEND 2.1(28); TO PROVIDE FOR AN EFFECTIVE DATE; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES AND CHARTER PROVISIONS; TO PROVIDE FOR SEVERABILITY; AND OTHER PURPOSES PURSUANT TO THE TERMS AND PROVISIONS OF O.C.G.A. 36-35-1, ET SEQ., AND FOR OTHER PURPOSES.

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PURSUANT TO THE PROVISIONS OF O.C.G.A. CHAPTER 36-35, BE IT ORDAINED by the Commission of the City of Waycross, Georgia, and it is hereby ordained by the authority as the same as follows, SECTION 1. Subsection 2.1(28) of the Charter of the City of Waycross, Georgia is hereby amended by adding a new Subparagraph (A) as follows: (A) In addition to the other powers set forth herein, to maintain, repair, operate, expand and extend Public Utilities which are now owned or operated by the City or hereafter acquired by the City, including, without limitation, Public Utilities now owned or hereafter acquired and which are located in any unincorporated area. SECTION 2. This ordinance and Charter amendment shall become effective after final approval by the Commission of the City of Waycross, Georgia (after second reading) and after certification by the Clerk of the City of Waycross that the City of Waycross has complied with the terms and provisions of the Municipal Home Rule Act of 1965 as amended ( O.C.G.A. 36-35-1, et seq. ). SECTION 3. All ordinances and parts of ordinances and all Charter provisions and parts of Charter provisions in conflict herewith are hereby repealed. SECTION 4. If any portion of this ordinance shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair the remaining portion unless it clearly appears that such other parts are wholly and necessarily dependant upon the part held to be invalid or unconstitutional. SO ORDAINED THIS 3rd DAY OF September, 1996. CITY OF WAYCROSS BY: R.L. Odum MAYOR ATTEST: Jerry L. Grimes CITY CLERK Read First Time 8/20/96 Read Second Time Approved 9/3/96 GEORGIA, WARE COUNTY Personally appeared before the undersigned, duly authorized by law to administer oaths, JERRY L. GRIMES, who being duly sworn on oath, deposes and says.

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1. That he is the City Clerk of the City of Waycross, Georgia and has held such position at all times pertinent hereto. 2. That attached hereto is a true and correct copy of the Ordinance amending the City Charter of the City of Waycross (hereinafter referred to as Charter Amendment) which Charter amendment was adopted by the Commission of the City of Waycross by reading and approving the same in accordance with the Charter and Code of the City of Waycross at two regular meetings; not less than seven nor more than sixty days apart; and pursuant to the terms of O.C.G.A. Section 36-35-1, et seq.; the first such reading and approval was held on August 20, 1996 and the second was held on September 3, 1996. 3. That the undersigned hereby certifies that the attached copy of the Charter Amendment is a true and correct copy of the Charter Amendment adopted pursuant to readings held and approved by the Commission of the City of Waycross on August 20, 1996 and September 3, 1996. 4. That a copy of the notice was published in the Waycross Journal Herald on August 17, 1996, August 24, 1996, and August 31, 1996. A copy of said Charter Amendment was on file in the Office of the City Clerk at City Hall, 417 Pendleton Street, Waycross, Georgia and available for inspection and copying during normal business hours commencing on August 15, 1996 through and including the date of final approval on September 3, 1996. 5. That a copy was filed in the (a) Office of the Clerk of Ware Superior Court, on August 15, 1996 and was available for public inspection, and (b) and filed in the Office of Pierce Superior Court on August 16, 1996, all in accordance with the provisions of O.C.G.A. Section 36-35-3. JERRY L. GRIMES, CITY CLERK Sworn to and subscribed before me this the 19th day of Sept., 1996. Laverne Lovett Notary Public, Ware County, Georgia My Commission Expires Jan. 18, 1998 GEORGIA, WARE COUNTY. PUBLISHER'S AFFIDAVIT Personally appeared before the undersigned, an officer duly authorized by law to administer oaths in said State and County, Ryvanua R. Mock, who being duly sworn, states that (s) he is legal advertisements manager for the Waycross Journal Herald, a daily newspaper of general circulation in the City of Waycross, Georgia, and the paper in which the Sheriff's advertisements for Ware County, Georgia are published, and that the legal

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notice, a copy of which is annexed hereto, was published in the Waycross Journal Herald, once a week for three weeks on the following dates: August 17, 1996 August 24, 1996 August 31, 1996 Ryvanua R. Mock Legal Advertisements Manager Waycross Journal Herald Sworn to and subscribed before me, this 19th day of Sept., 1996. Barbara M. Teachey Notary Public MY COMMISSION EXPIRES JAN. 16, 1999 NOTICE Notice is given that there has been filed with the Clerk of the City of Waycross, Georgia, a Home Rule Ordinance proposing to amend the Charter of the City of Waycross by amending Subsection 2.1 (28) of the Charter of the City of Waycross and by adding Subparagraph (A) which authorizes the maintenance, repairs, operations, expansions and extensions of Public Utilities which are owned or acquired by the City of Waycross, including those public utilities in any unincorporated area. A copy of the proposed ordinance is on file in the office of the Clerk of the City of Waycross, Georgia, a copy is also on file in the office of the Clerk of Superior Court of Ware County, Georgia, and in the office of the Clerk of Superior Court of Pierce County, Georgia, and such ordinance is available at any of said places for the purpose of examination or inspection by the public. This the 15th day of August, 1996. CITY OF WAYCROSS BY: Neal L. Conner, Jr. City Attorney 8-17-3Sats. Filed in the Office of the Secretary of State September 23, 1996. CITY OF DAWSON COUNCIL; COMPENSATION. DAWSON, TERRELL COUNTY, GEORGIA AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF DAWSON, GEORGIA, SPECIFICALLY AMENDING ARTICLE II, SECTION 2-9, TO INCREASE THE SALARY OF THE COUNCILMEN OF THE CITY OF DAWSON, GEORGIA, FROM $100 PER MONTH TO $200 PER MONTH; TO PROVIDE FOR AN EFFECTIVE DATE, AND FOR OTHER PURPOSES.

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Article II of the Charter of the City of Dawson, specifically Section 2-9 of said Charter, is hereby amended by striking Section 2-9 of said Charter and substituting in lieu thereof the following: Each Councilman shall receive a salary of Two Hundred Dollars ($200) per month. This salary increase shall become effective January 1, 1997. All laws or parts of laws in conflict with this ordinance are hereby repealed. Second reading and adoption of this ordinance this 22nd day of August, 1996. S/ROBERT L. ALBRITTEN Mayor, City of Dawson, Georgia ATTEST: S/SHERI HOWARD Clerk, City of Dawson, Georgia CERTIFICATE OF SHERI HOWARD, CLERK TO THE MAYOR AND COUNCIL OF THE CITY OF DAWSON, GEORGIA I, SHERI HOWARD, Clerk of the City of Dawson, do hereby certify that the attached and foregoing Ordinance is a true and correct copy of the minutes of the meeting now filed in the minute book of the city of Dawson, said Ordinance being adopted and signed on the 22nd day of August, 1996. This 2nd day of October, 1996. Sheri Howard, Clerk City of Dawson, Georgia Sworn to and subscribed before me this 4th day of October, 19 96, James M. Collier Notary Public, Terrell Co., GA. My Comm. Exp. March 24, 1997 Seal DAWSON, TERRELL COUNTY, GEORGIA Personally appeared before the undersigned attesting officer TOMMY ROUNTREE who, after being duly sworn, deposes as follows: My name is Tommy Rountree and I am the Editor and Publisher of The Dawson News, which is the official organ of Terrell County, Georgia. Dawson, Georgia, is the county seat of Terrell County,

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Georgia, and therefore The Dawson News is the official organ for the City of Dawson, Georgia. I certify that the attached public notice of a proposed amendment to the Charter of the City of Dawson, Georgia, was published once a week for three weeks within 60 days of its final adoption on August 22, 1996. Tommy Rountree Sworn to and subscribed before me, this 4th day of October, 19 96. James M. Collier Notary Public, Terrell Co., Ga. My Comm. Exp. March 24, 1997 SEAL PUBLIC NOTICE OF A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF DAWSON, GEORGIA Notice is hereby given that the City Council is considering amending the Charter of the City of Dawson by specifically amending Article II, Section 2-9, to increase the salary of each Councilman of the City of Dawson, Georgia, from $100 per month to $200 per month; to provide for an effective date, and for other purposes. A copy of the proposed ordinance is on file in the office of the City Clerk for the City of Dawson, Georgia, at City Hall, Dawson, Georgia, and on file with the Clerk of the Superior Court for Terrell County, Georgia, for the purpose of examination and inspection by the public. Upon request, a copy of the proposed ordinance will be furnished to any interested citizen. Final action on this ordinance shall be taken at the regular monthly meeting of the City Council of the City of Dawson, Georgia, on August 8, 1996, at 6:30 p.m. at City Hall. (7-18-3t) Filed in the Office of the Secretary of State October 11, 1996. CITY OF FAYETTEVILLE NEW CHARTER. Proposed Ordinance No. 0-47-96 Subject matter: Restatement of Charter Date of Posting 10-7-96 Date First Presented First Adopted by Council at Public Meeting: 10-7-96 Dates Notice Published: 9-26-96,

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10-3-96, 10-22-96 Date Delivered to the Clerk of Fayette County Superior Court: 10-22-96 Date of Final Adoption: 10-21-96 CITY OF FAYETTEVILLE COUNTY OF FAYETTE STATE OF GEORGIA ORDINANCE NUMBER 0-47-96 (as enacted) CITY OF FAYETTEVILLE, GEORGIA AN ORDINANCE OF THE CITY OF FAYETTEVILLE, GEORGIA PART I CHARTER An Act to create a restated Charter for said City; to prescribe the corporate limits of said City; to provide for the government of said City; to enumerate the corporate powers of the City; to provide for the preservation of ordinances, bylaws, rules and regulations; to provide for the officials of said City and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the City government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted and ordained by the City of Fayetteville: ARTICLE I. CHARTER, CITY LIMITS AND CORPORATE POWERS Sec. 1.01. Intent, Prior Acts Repealed. This act shall constitute the whole Charter of the City of Fayetteville, Georgia, repealing and replacing the Charter as provided by Georgia Laws of 1911, p. 1171; Georgia Laws 1927, p. 1157; Georgia Laws 1953, p. 2901; Georgia Laws 1958, p. 3362; Georgia Laws 1964, p. 2386; and as otherwise amended. The City of Fayetteville, Georgia in the County of Fayette, and the inhabitants thereof, shall continue to be a body politic and corporate

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under the name and style of the City of Fayetteville, Georgia, and by that name shall have perpetual succession, may contract and be contracted with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Sec. 1.02. City Boundaries. (a) The boundaries of this City shall be those exiting 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 at City Hall and to be designated, as the case may be: Official Map (or Descriptions) of the corporate limits of the City of Fayetteville, Georgia. Photographic, typed or other copies of such map or description certified by the Clerk shall be admitted as evidence in all counts and shall have the same force and effect as with the original map or description. (b) The City counsel 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. Sec. 1.03. Construction of Powers. (a) This City shall have all powers possible for a City to have under the present or future constitution and laws of Georgia as fully and completely as through 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 nor failure to mention particular powers shall not be construed as limiting in any way the powers of this City. Sec. 1.04. Corporate Powers. The corporate powers of the City, to be exercised by the City Council, as hereinafter defined, shall include the following: (a) To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation. (b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions. (c) To appropriate and borrow money to provide for payment of the debts of the City, to authorize the expenditure of money for any municipal purpose, or for matters of national or state interest, 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. Such

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bonding authority shall be exercised in accordance with the laws governing bond issues for municipalities in effect at the time said issue is undertaken. (d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property, inside or outside the corporate limits of the City. (e) 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 City Council under the Code of Georgia, or under other applicable public acts. (f) To acquire, construct, operate, distribute, sell and dispose of public utilities, including but not limited to a waterworks system, sewerage system, a natural gas system, electrical power system, and a community antenna television system, both inside and outside the corporate limits, subject to the provisions of applicable general law. For water, gas and electriCity furnished, and for all sewerage and sanitary services rendered, said City may prescribe the charges, rates, fares, fees, regulations, standards and conditions of service to be provided, and shall have a lien against any property of the persons served; said lien to be enforceable in the same manner and with the same remedies as a lien for City property taxes. (g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty (20) years. The City Council may prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with regulations of the public service commission. (h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, 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 City; and to regulate the use thereof; and for such purposes property may be acquired by condemnation under the Code of Georgia, or other applicable public acts. (i) To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (j) To provide for the collection and disposal of garbage, rubbish and refuse and to provide all power and authority to exercise all necessary and proper means to keep the City limits free from garbage, trash and filth. Charges or fees may be imposed to cover the costs of services, which, if unpaid, shall constitute a debt which shall be subject to a lien against any property or persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for City property taxes.

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(k) To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, morals, safety, security, peace, convenience or general welfare of inhabitants of the City. (l) To define a nuisance in the City and to provide for its abatement. The Municipal Court of the City shall have jurisdiction of all nuisance abatement proceedings in the City. The City 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 his failure or refusal to abate the same within ten (10) days after written notice and hearing from the City to do so. (m) 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. (n) 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 City Council may provide for the commitment of City prisoners to any county work camp, or jail, or other governmental agency by agreement with the appropriate county officers or any other governmental agencies. (o) To regulate, 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 punishment for violation of ordinances enacted hereunder. (p) 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; and to regulate and rent parking spaces in public ways for use of such vehicles. (q) To levy and provide for the collection of special assessments to cover the costs for any public improvements. (r) 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 the limitations prescribed by this Charter. (s) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety,

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health, peace, security, good order, comfort, convenience, morals and general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the constitution or general laws of the State of Georgia. No enumeration 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 cities under the constitution or applicable public acts of the state. (t) To levy taxes and to make appropriations for the purpose of advertising said City and 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 public hospitals and libraries. (u) To regulate and control public streets, public alleys and ways; and in the discretion of the City Council by ordinance to alter, open or close public streets and public alleys and ways. (v) 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. (w) To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire agency. Sec. 1.05. Existing Ordinances, Etc. All ordinances, bylaws, rules and regulations, now in force in said City, not inconsistent with this act, are hereby declared valid and of force until amended or repealed by the City Council. ARTICLE II. CITY GOVERNMENT Sec. 2.01. Establishment of City Government. The corporate governmental powers of the City of Fayetteville shall be vested in a Mayor and five (5) Council Members to be known as the City Council. The Mayor and Council Members shall be elected at large by the qualified voters of the City and shall exercise their powers in such manner as prescribed by this Charter, the Constitution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Fayetteville. Sec. 2.02. Qualifications for Mayor and Council Members. To be eligible for the office of Mayor or Council Member, elected or appointed, a person must be at least twenty-one (21) years of age, must

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meet the requirements of a qualified elector for members of the General Assembly as prescribed by state law, must be a registered voter in the City of Fayetteville and must be a bona fide resident of the City of Fayetteville for one (1) year next preceding the time of the holding of the election in which a candidate. No person shall be eligible to serve as a Mayor or a Council Member who shall have been convicted of a crime involving moral turpitude unless such person has received a full pardon and has all rights of citizenship restored. Sec. 2.03. Election of Mayor and Council Members. The Council Member positions upon the City Council shall be designated as Council Member, Post No. 1; Council Member, Post No. 2; Council Member, Post No. 3; Council Member, Post No. 4; and Council Member, Post No. 5. A candidate for any position as Council Member shall at the time of qualifying designate by post number the position that candidate is seeking. A candidate for Mayor shall at the time of qualifying designate that such candidate is seeking the office of Mayor. The candidate for Mayor and the candidate for each post who receive a majority of the votes cast for the respective office shall be elected thereto. A candidate for Council Member may qualify for any one of the posts for which Council Members are to be elected. The election of Mayor and Council Members shall be conducted in the manner hereinafter prescribed for regular elections. In the event of a tie vote for any aforementioned position, the winner shall be determined by a special election. Sec. 2.04. Terms of Office. (a) Successors to the mayor and to the council members from Post No. 1 and Post No. 2 whose terms of office are to expire shall be elected at the regular municipal election in November, immediately prior to such expiration of terms, and shall take office the first day of January immediately following such election for terms of office of four years each and until their respective successors are elected and qualified. (b) Successors to the council members from Post No. 3, Post No. 4, and Post No. 5 whose terms of office are to expire shall be elected at the regular municipal election in November, immediately prior to such expiration of terms, and shall take office the first day of January immediately following that election for terms of office of four years each and until their respective successors are elected and qualified. Sec. 2.05. City Council. The governing body of said City shall be composed of a Mayor and five (5) Council Members, in which is vested all corporate, legislative and other powers of the City, except as otherwise provided by this Charter or state law. The City Council shall exercise its powers in public meetings by a majority vote of present and voting Council Members. A majority of the Council

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Members shall constitute a quorum. Once a quorum is established, the quorum cannot be defeated by a subsequent departure of a Council Member. The City Council may provide by ordinance for punishment for contemptuous behavior conducted in the presence of the Council. Sec. 2.06. Regular and Special Meetings of Mayor and Council. (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 3 members of the City council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 hours in advance of the meeting. Such notice to council members shall not be required if the mayor and all council members are present when the special meeting is called. Such notice of any special meeting may be waived by a council member in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such council members presence. Only the business stated in the call may be transacted at the special meeting. Sec. 2.07. Mayor as Presiding Officer; Powers. The Mayor shall preside at meetings of the City Council; shall have a vote only in the case of a tie vote by Council Members; shall have veto powers, in which case the Mayor shall have five (5) days after meetings of the Council in which to file in writing with the clerk his dissent, but the Council may at the same meeting or any subsequent meeting within thirty-one (31) days, pass any such ordinance, order or resolution, notwithstanding the veto, by a vote of four-fifths of the total number of Council Members, to be taken by ayes and nays and entered upon the minutes; shall be the ceremonial head of the City; shall sign ordinances and resolutions on their final passage; may obtain short term loans in the name of the City when authorized by the Council to do so; shall perform such other duties imposed by this Charter and duly adopted ordinances; and 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. Sec. 2.08. Mayor Pro-tem. The Council Members, at the first regular meeting and after the newly elected Council Members have taken office following each regular election, shall elect from its membership a Mayor pro-tem for a term of one (1) year. Upon the City Council's failure to elect a Mayor pro-tem at its first meeting each year, the incumbent Council Member who received the highest number of votes, when last elected, shall be declared Mayor pro-tem. The Mayor pro-tem shall perform the duties of the Mayor during his absence from the City, his disability, or until the replacement of the Mayor by a special election, upon the vacancy of the office of Mayor. The

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Mayor pro-tem, when acting in the Mayor's absence, disability or vacancy from office, shall be counted to make a quorum of the Council and shall vote in a tie vote or to make a majority vote. Sec. 2.09. Vacancy in Office of Mayor and Council Member. (a) A vacancy shall exist if the Mayor or a Council Member resigns, dies, moves his residence from the City, or is absent from four (4) consecutive regular meetings of the governing authority, except if granted a leave of absence by the City Council; which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office, or of a felony, or any violation of election laws. (b) The City Council shall appoint a qualified person to fill any such vacancy in the office of Council Member, said person to hold office until the next regular election. (c) At no time shall there be more than one Council Member so appointed holding office; and if a vacancy occurs on the City Council with one member so appointed on the Council, a special election shall be held within a period of forty-five (45) days after the office becomes vacant pursuant to a call of a special election as provided by this Charter; however, if a special election is called pursuant to this Charter the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the remainder of the unexpired terms in a special election. Provided, however, if a regular election for the City shall be held within three (3) months after the second vacancy occurs, the first vacancy previously filled by appointment and the second vacancy shall be filled for the unexpired terms at such regular election. (d) In the event a vacancy should occur in the office of the Mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code, as it now exists or may hereafter be amended. Sec. 2.10. Compensation and Expenses. The City Council may determine the salary of the Mayor and Council Members by ordinance, provided that salary changes enacted shall be governed by Georgia Law. Each Council Member and the Mayor, when authorized by the Council and upon presentation of itemized vouchers, shall receive their actual and necessary expenses incurred in the performance of their duties of office. Sec. 2.11. City Clerk. The City Manager shall be the City Clerk; if no City Manager is appointed, the City Council shall appoint the City Clerk to serve at its pleasure. The City Manager may designate a City employee, who, at the City Manager's discretion, may exercise the authority and perform the duties of the City Clerk. The City Clerk shall be responsible for keeping

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and preserving the City seal and all records of the City Council; attending meetings of the City Council and keeping a journal of its proceedings at such meetings, including the names of members present and absent, the vote of each member on each question, each motion considered, and the text of each resolution or ordinance considered; preparing and certifying copies of official records in his office, for which fees may be prescribed by law; and performing such other duties as may be required by the Council or Mayor. Sec. 2.12. City Legislation. Any action by the City Council, having a regulatory or penal effect or having the force and effect of law shall be done by ordinance and shall be in written form before being introduced. The affirmative vote of at least three (3) members of the Council shall be required to pass any resolution or ordinance. After adoption of ordinances, the City Clerk shall number ordinances consecutively, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and the City Clerk shall do likewise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions and motions shall be filed and preserved by the City Clerk. Sec. 2.13. Procedures; Ordinances. No ordinance, except in the case of an emergency ordinance, shall be adopted until one of the two (2) following procedures is followed: (a) The full written text of the proposed ordinance is posted for public inspection at two (2) consecutive Council meetings, not less than seven (7) days and not more than forty-five (45) days apart. The posting of the ordinance shall be publicly announced at the first meeting at which the text of the ordinance is posted. The text of the ordinance shall be available at City Hall for public inspection after the first meeting. The ordinance may be adopted at the second or subsequent meetings; or the adoption of an ordinance may be continued from meeting to meeting, upon public announcement at the second meeting or at subsequent meetings, of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted. (b) At least five (5) days, but not more than forty-five (45) days prior to the meeting of the Council at which the ordinance shall be considered for adoption, the City Clerk shall cause to be published a notice of the proposed adoption of the ordinance stating the purpose of the ordinance, the date, time and place of its proposed adoption, and the fact that the full written text of the proposed ordinance may be viewed at the office of the City Clerk. The text of the ordinance shall be available at City Hall for public inspection during regular business hours of the City Hall, from the time the notice is published until the ordinance's consideration and vote

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by the Council. The adoption of an ordinance may be continued from meeting to meeting, upon public announcement at any meeting of the Council's intention to continue the vote on the adoption of the ordinance until the Council's next meeting, be the next meeting called or regular. The ordinance may be amended or modified by the Council at the public meeting at which the ordinance is adopted. 2.14 Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the City council may convene on call of the mayor or 3 council members and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within thirty (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 majority vote of those council members who are present shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. 2.15 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 Section 2.12 for posting of copies of the ordinance shall be construed to mean that copies of any code of technical regulations, may be posted with the adopting ordinance or may be maintained in the City Clerk's office for public inspection during normal business hours; and (2) a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be filed and preserved by the City clerk pursuant to Section. Sec. 2.16. Codification. 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

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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 Fayetteville, Georgia. Copies of the code shall be furnished to 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. ARTICLE III. ORGANIZATION AND PERSONNEL Sec. 3.01. Organization. The City government shall continue as presently organized, unless and until otherwise provided by ordinance. The City Council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the City. Sec. 3.02. Administrative Duties of Mayor. The Mayor shall be the chief executive officer of the City government, presiding officer of the City Council, and responsible through the City Manager, for the efficient and orderly administration of the City's affairs. He may conduct or authorize inquiries and investigations into the conduct of the City's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with the Charter. Sec. 3.03. City Attorney. The Mayor with approval of a majority of the Council, shall appoint a City Attorney, together with such assistant City Attorneys as may be authorized by ordinance. 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 Solicitor in the Municipal Court; shall attend the meetings of the City 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 provided by the Mayor and Council Members. Sec. 3.04. Oath of Office. Before a person takes any office in the City government, he 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; and that I will in all respects observe the provisions of the Charter and ordinances of the City of Fayetteville, that I will faithfully discharge the duties of the office of __________, and that I will to the utmost of my skill and ability endeavor to promote the interest and property of said City, without fear, favor or affection. So help me God.

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Sec. 3.05. Conflicts of Interest; Holding Other Offices. (a) Elected and appointed officers of the City are trustees 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 as authorized by Georgia law, 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 gift valued in excess of that amount established by resolution of the City Council, 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 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 council member 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

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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) Ineligibility by Elected Official Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive office in the City or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former council member shall hold any compensated appointive office in the City until one year after the expiration of the term for which that official was elected. (f) 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 council either immediately upon election or at any time such conflict may arise. Sec. 3.06. 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. Sec. 3.07. City Manager; Appointment, Qualifications, Term, Compensation. The Council shall appoint a City Manager, who shall be the administrative head of the City government and shall be responsible for the administration of all departments. The City Manager shall be appointed with regard to merit only and need not be a resident of the City when appointed. The City Manager shall hold office during the pleasure of the Council, and shall receive such compensation as the Council shall determine.

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The City Manager may reside outside the City while in office only upon the approval of the Council. Sec. 3.08. City Manager; Duties and Responsibilities. The City Manager shall: (a) See that the laws of the State and the ordinances, resolutions, rules and regulations of the City are faithfully executed and enforced; (b) Prepare the agenda and attend meetings of the Mayor and Council and recommend for adoption any measure deemed expedient; (c) Make reports to the Mayor and Council from time to time upon the affairs of the City and keep the Mayor and Council fully advised of the City's financial condition and its future financial needs; (d) Appoint and suspend or remove all City employees, except those persons appointed by the Mayor and Council in accordance with such general personnel rules, regulations, policies or ordinances as the Mayor and Council may adopt; (e) Prepare and initially submit the preliminary annual budget and capital improvement program to the Mayor and after received by the Mayor, submit the same to the Council for consideration and approval; (f) Direct and supervise the administration of all departments, properties, and operations of the City, except as otherwise provided by this Charter or general State law; (g) Investigate the affairs, records, accounts and expenditures of the various commissions and boards created by the City of Fayetteville, and report thereon at least once a year to the Mayor and Council; (h) Have the right to request the counsel, advice or opinion of the City Attorney concerning any matter affecting the interest of the City; and it shall be the duty of the City Attorney to respond to such request to the best of his ability; (i) Act in a liaison capacity on behalf of the Mayor and Council with boards, offices, agencies and commission of the City; (j) Exercise any other powers and perform any other duties required or authorized by the Mayor and Council and not inconsistent with this Charter. Sec. 3.09. Mayor and Council not to Interfere with Administration. Except for the purpose of inquiry and investigation, the Mayor and Council shall deal with City employees who are subject to appointment and removal by the City Manager solely through the City Manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly.

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Sec. 3.10. City Manager; Suspension and Removal. The Council may remove the City Manager from office in accordance with the following procedures: (a) The Council shall hold a meeting with the City Manager in closed session to discuss the performance of the City Manager. The City Manager may not be represented by counsel at the meeting. If the meeting does not result in a resolution of the issue(s) to the satisfaction of the Council, then the City Council shall proceed with formal proceedings as provided hereinafter. (b) The Council shall adopt a preliminary resolution for the removal of the City Manager. (c) The resolution may also provide for the suspension of the City Manager for a period not to exceed thirty (30) days. (d) A copy of the resolution shall promptly be served on the City Manager. (e) A public hearing shall be held if a written request therefor is filed by the City Manager with the Mayor not later than three (3) days after service upon him of a copy of the preliminary resolution. (f) The public hearing, if requested, shall be held at a regularly scheduled or called Council meeting not less than six (6) nor later than thirty (30) days after the request is filed. The City Manager may file with the Mayor a response to the preliminary removal resolution not later than three (3) days prior to the public hearing. (g) The Council shall adopt a final resolution of removal which may be made effective immediately. Such a final resolution of removal may be made at any time after six (6) days from the date when a copy of the preliminary resolution was served on the City Manager if no public hearing has been requested in writing, or at any time after the public hearing if a request therefor has been properly and timely filed. (h) The City Manager shall be entitled to receive his salary upuntil the effective date of a final resolution of removal. (i) The action of the Council in suspending or removing a City Manager shall not be subject to review by any court or agency except for the determination of constitutional questions. Sec. 3.11. Acting City Manager. By letter filed with the City clerk, the City manager shall designate, subject to approval of the City council, a qualified City administrative officer to exercise the powers and perform the duties of manager during the manager's temporary absence or physical or mental disability. During such absence or disability, the City council may revoke such designation at

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any time and appoint another officer of the City to serve until the manager shall return or the manager's disability shall cease. ARTICLE IV. ADMINISTRATIVE AFFAIRS Sec. 4.01. Administrative and Service Departments. (a) Except as otherwise provided in this Charter, the City council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all nonelective offices, positions of employment, departments, and agencies of the City, as necessary for the proper administration of the affairs and government of this City. (b) Except as otherwise provided by this Charter or by law, the directors of departments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) Unless otherwise provided by ordinance, 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. (d) All appointive officers and directors under the supervision of the City manager shall be appointed by the City manager. 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. Sec. 4.02. Boards, Commissions and Authorities. (a) The City council shall create by ordiannce such boards, commissions and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the City council deems necessary, and shall by ordinance establish the composition, period of existence, duties and powers thereof (b) All members of boards, commissions and authorities of the City shall be appointed by the City council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this Charter or by law. (c) The City council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) Any 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. (e) All board members serve at-will and may be removed at any time by a vote of the City council unless otherwise provided by law.

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(f) Except as otherwise provided by this Charter or by law, each board, commission or authority of the City shall elect one of its members as 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. Unless otherwise provided by ordinance, 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, subject to change, modification or repeal by the City Council. Copies of such bylaws, rules and regulations shall be filed with the clerk of the City. Sec. 4.03. 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. Sec. 4.04. Personnel Policies. All employees serve at-will and may be removed from office at any time unless otherwise provided by this Charter or by ordinance. ARTICLE V. FISCAL ADMINISTRATION Sec. 5.01. Fiscal Year. The fiscal year of the City government shall begin on the first day of August and shall end on the thirty-first day of July of each year, but a different fiscal year may be fixed by ordinance for the entire City government or for any utility. Said fiscal year shall constitute the budget year and the year for fiscal accounting and reporting of every office, department, agency and activity of the City government, unless otherwise provided by law. Sec. 5.02. Submission of Annual Budget. On or before a date fixed by the Council, but not later than sixty (60) days prior to the beginning of each fiscal year, the City Manager shall submit to the Mayor, who after initial review shall submit to the Council a proposed operating budget for the next fiscal year, showing separately for the general funds, each utility, and each other fund the following: (a) revenue and expenditures during the preceding fiscal year, (b) appropriation and estimated revenue and expenditures for the current fiscal year, (c) estimated revenue and recommended expenditures for the next fiscal year, (d) a comparative statement of the assets, liabilities, reserves, and

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surplus at the end of the preceding fiscal year, and (e) such other information and data, as may be considered necessary by the Mayor and Council Members. Sec. 5.03. Action by Council on Budget. Before the beginning of the fiscal year, the Council shall adopt an appropriate ordinance, based on the proposed budget, with such modifications as the Council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office and agency unless otherwise directed by the Council. The Council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the City; provided the Council unanimously agrees that there is such an emergency. If conditions prevent the adoption of an appropriations ordinance before the beginning of the new fiscal year, the appropriations for the last fiscal year shall become the appropriations for the new fiscal year, subject to amendment as provided by ordinance specifically passed for such purpose. Sec. 5.04. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budgets, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus. Sec. 5.05. Lapse of Appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the general fund as unappropriated surplus or reserves. Sec. 5.06. Capital Improvements Budget. (a) On or before a date fixed by the Council but not later than sixty (60) days prior to the beginning of each fiscal year, the City Manager shall submit to the Mayor, and after initial review shall submit to the Council a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The Council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening lives, health or property of inhabitants when passed by four-fifths vote of the membership of the Council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the Council shall adopt an appropriate ordinance based on the proposed capital improvements

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budget, with such modifications as the Council considers necessary or desirable. No appropriations provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, the City Manager may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the Council. Sec. 5.08. Annual Audit. The City Council shall employ a certified public accountant to make an annual audit of all financial books and records of the City. The accountant shall file report with the Mayor and Council Members and shall prepare a summary of the report which shall be furnished or made available to the City Council. Sec. 5.09. Publication of Financial Statement. As soon as practicable after the close of the fiscal year, but within six (6) months after the close thereof, the City Council shall cause to be published in a local newspaper of general circulation a statement of financial condition which shall contain a statement of revenues and expenditures showing all municipal accounts as of the close of such preceding fiscal year. Such statement of financial condition shall be prepared so as to fairly represent the general financial condition of the City, as of the close of the preceding fiscal year. Sec. 5.10. 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 operation the City government, of provided 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. Sec. 5.11. Tax Levy. 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, and 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. Sec. 5.12. Collection of Delinquent Taxes. The City concil, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the City under Sections

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through by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi.fa.'s; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking City permits for failure to pay any City taxes or fees; and providing for the assignment or transfer of tax executions. Sec. 5.13. 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. Sec. 5.14. Contracting Procedures. No contract with the City shall be binding on the City unless: (a) it is in writing; and (b) it is made or authorized by the City council and such approval is entered in the City council minutes of the proceedings. ARTICLE VI. ELECTIONS Section 6.01. Applicability of General Law. All primaries and elections shall be held and conducted in accordance with the Georgia Municipal Election Code as now or hereafter amended. ARTICLE VII. MUNICIPAL COURT Sec. 7.01. Creation. There is hereby established a court to be known as the Municipal Court, City of Fayetteville, which shall have jurisdiction and authority to try offenses against laws and ordinances of said City and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for non-attendance; to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City of Fayetteville constituting traffic cases which under the law of Georgia are placed within the jurisdiction of municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; and to administer

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oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the Municipal Court Judge. Said court shall be convened at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place within the City and provided for such purposes by the City council. Sec. 7.02. Municipal Court Judge. (a) No person shall be qualified or eligible to serve as Municipal Court Judge unless he shall have attained the age of twenty-one (21) years and shall not have been convicted of a crime involving moral turpitude. The Municipal Court Judge shall be licensed to practice law in the State of Georgia. The City Council shall appoint and remove the Judge at their discretion, and shall fix his compensation. (b) The Judge pro-tem shall serve in the absence or disqualification of the Judge; shall have the same qualifications as the Judge; and shall be appointed by the City Council. (c) Before entering on duties of his office the Judge or Judge pro-tem shall take an oath before an officer duly authorized to administer oaths in this state, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. Sec. 7.03. Solicitor of Municipal Court. (a) No person shall be qualified or eligible to serve as Municipal Court Solicitor unless he shall have attained the age of twenty-one (21) years and shall not have been convicted of a crime involving moral turpitude. The Municipal Court Solicitor shall be licensed to practice law in the State of Georgia. The City Council shall appoint and remove the Solicitor at their discretion, and shall fix his compensation. (b) The Solicitor pro-tem shall serve in the absence or disqualification of the Solicitor; shall have the same qualifications as the Solicitor. (c) The Solicitor shall have the power to amend an accusation pending before the Municipal Court. Sec. 7.04. Jurisdiction; Powers. (a) The Judge shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the City of Fayetteville passed in accordance with this Charter. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Fayetteville, which warrants may be executed by any officer of said City, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction. The Municipal Court shall also have concurrent jurisdiction with that of the justice of the peace over

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offenses against the criminal laws of the State committed within the corporate limits. Except as may be herein otherwise specified, the Judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Fayetteville. The Municipal Court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to mayors, judges, police courts, and particularly such laws as authorize the abatement of nuisances. Said Judge is hereby authorized to administer oaths. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or ten (10) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 dollars or imprisonment for 6 months (unless a different maximum fine or imprisonment is provided by law) or both such fine and imprisonment or may fix punishment by fine, imprisonment, community service or alternative sentencing as now, or hereafter provided by law. All ordinances of the City are hereby modified and amended to conform to the limits set forth in this paragraph for fines and imprisonment. (d) 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 (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for City property taxes. (e) The municipal court shall have the same authority as superior courts to 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. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this Charter or by law.

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Sec. 7.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Fayette County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. Sec. 7.06. Court Costs. 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. Sec. 7.07. 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 VIII. SEVERABILITY Sec. 8.01. Intent. 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 so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this act if it had known that such part or parts hereof would have been declared or adjudged invalid or unconstitutional. ARTICLE IX. REPEALER Sec. 9.01. Conflicting Laws. All laws and parts of laws in conflict with this act are hereby repealed. ARTICLE X. EFFECTIVE DATE Sec. 10.01. Effective Date. This ordinance shall become effective immediately following its adoption and filing in the office of the Secretary of the State of Georgia and in the office of the Clerk of the Superior Court of Fayette County.

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ADOPTION Those voting for first adoption on Oct. 7, 1996, at a regular meeting of the City Council and open to the public in all respects: /s/GLENN BREWER /s/LARRY DELL /s/ALBERT W. HOVEY-KING /s/KENNETH STEELE /s/WALT WHITE Those voting for Final Adoption on Oct. 21, 1996, at a regular meeting of the City Council and open to the public in all respects: /s/GLENN BREWER /s/LARRY DELL /s/ALBERT W. HOVEY-KING /s/KENNETH STEELE /s/WALT WHITE ATTEST: MICHAEL E. WHEAT, MAYOR /s/JUDY STEPHENS, CLERK CERTIFICATE OF CLERK OF THE CITY OF FAYETTEVILLE STATE OF GEORGIA COUNTY OF FAYETTE PERSONALLY appeared before the undersigned, Judy Stephens, who, having been duly sworn, declares on oath that, as the Clerk of the City of Fayetteville, she is the guardian and custodian of the City's records and that the attached ordinance is a true and correct copy of the Restated and Revised Charter for the City of Fayetteville and the ordinance adopting said Charter, adopted on October 7, 1996 and in finality on October 21, 1996. JUDY STEPHENS, Affiant Sworn to and subscribed before me this 29th day Oct., 1996. Patricia B. King Notary Public, Fayette County, Georgia My Commission Expires January 3, 1998 [Notary Seal]

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AFFIDAVIT OF PUBLICATION STATE OF GEORGIA COUNTY OF FAYETTE PERSONALLY appeared before the undersigned Gary L. Cornwell, who, having been duly sworn, on oath that (s) he is the General Manager of Fayette Newspapers, Inc., and that the attached legal advertisement was published in The Fayette County News on the following dates: September 26, October 3, 10, 1996 #833 Gary L. Cornwell Affiant Sworn to and subscribed before me this 10th day of October, 1996. Melissa Waldrep Notary Public My Commission Expires: Notary Seal TO CREATE A REVISED AND RESTATED CHARTER FOR THE CITY OF FAYETTEVILLE Notice is given that the Mayor and the Council of the City of Fayetteville desire to adopt a revised and restated Charter for the City of Fayetteville. The purpose of the restated Charter is to prescribe the corporate limits of said City; to provide for the government of said City; to enumerate the corporate powers of the City; to provide for the preservation of ordinances, bylaws, rules and regulation; to provide for the officials of said City and their selection, oath, compensation, powers, duties and terms of office; to provide for filing vacancies; to provide for the fiscal administration of the City government; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the registration of voters; to provide for the method of conducting elections; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the payment of court costs; to provide for rules for the recorder's court; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes. City Council will meet at the Fayetteville City Hall for its regular meeting at 7:30 p.m. on the 7th day of October, 1996 for the first reading and adoption of the proposed ordinance creating said Charter, and will meet for its regular meeting at 7:30 p.m. on the 21st day of October, 1996 for the

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final reading and final adoption of said proposed ordinance creating said Charter. A copy of said ordinance and the proposed charter are posted at City Hall, and a copy is on file in the office of the Clerk of the City of Fayetteville and in the office of the Clerk of the Superior Court of Fayette County for the purpose of examination and inspection by the public. The Clerk of the City of Fayetteville shall furnish anyone, upon written request, a copy of the proposed ordinance and charter. David P. Winkle Oliver, Duckworth, Sparger Winkle, P.C. 146 North McDonough Street Post Office Box 37 Jonesboro, Georgia 30237 Attorney for the City of Fayetteville September 26, October 3, 10, 1996 Filed in the Office of the Secretary of State November 4, 1996. CITY OF ALBANY ASSISTANT CITY CLERK. ENTITLED AN ORDINANCE 96-325 AN ORDINANCE ADOPTED PURSUANT TO THE PROVISIONS OF ARTICLE 36, CHAPTER 35 OF THE OFFICIAL CODE OF GEORGIA, ANNOTATED, AS AMENDED, AMENDING THE CHARTER AND CODE OF ORDINANCES OF THE CITY OF ALBANY SO AS TO PROVIDE FOR THE APPOINTMENT OF AN ASSISTANT CITY CLERK; REPEALING PRIOR ORDINANCES AND CHARTER PROVISIONS IN CONFLICT AND FOR OTHER PURPOSES. BE IT ORDAINED by the Board of Commissioners of the city of Albany, Georgia and it is hereby ordained by the authority of same: SECTION 1. Section 3 of the Charter and Article 3, Chapter 2 of the Code of Ordinances of the City of Albany, Georgia are hereby amended to provide for the appointment of an Assistant City Clerk of the City of Albany, Georgia. SECTION 2. Pursuant to the provisions of Section 36-33-3 of the Official Code of Georgia, Annotated, this ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany, Georgia at two (2) regularly scheduled consecutive meetings and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended.

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SECTION 3. All ordinances, or parts of ordinances, and all Charter provisions, or parts of Charter provisions, in conflict herewith are repealed. Tommy Coleman MAYOR ATTEST: Sue Whiddon City Clerk Adopted: 10-8-96 Adopted: 10-22-96 I do hereby certify that this is a true and correct copy. Sue Whiddon City Clerk Affidavit of Publication Georgia, Dougherty County Personally, appeared before the undersigned, an officer, authorized to administer oaths, Bob Geiger, who being sworn, says that he is Advertising Director of the Albany Herald Publishing, Inc. a corporation with principal offices at Albany, Dougherty County, Georgia, and having general circulation within the area of Dougherty County, Early County and Seminole County, and that the advertisement of Public Hearing, a TRUE COPY of which is affixed hereto, was published in the Albany Herald in all its editions for Aug. 30, Sep. 6, 13, 20, 1996. Bob Geiger Sworn to and subscribed before me at Albany, Georgia this 1st day of November, 1996. Susan Johnson Notary Public NOTICE OF PUBLIC HEARING CHARTER AMENDMENT Fotice is hereby given pursuant to Section 24-32 of the Code of the City of Albany, Georgia that the Board of Commissioners of the City of Albany, Georgia will give consideration, at its Regular Meeting to be held on October 8, 1996 at 8:00 p.m. to the following Charter Amendment. An Ordinance amending the Charter and Code of Ordinances of the City of Albany so as to provide for the appointment of an Assistant City Clerk. A public hearing will be held at the time and place with respect to same.

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A copy of the proposed ordinance is on file in the office of the City Clerk and in the Office of the Clerk of Superior Court of Dougherty County, Georgia for the purpose of examination and inspection by the public. This 29th day of August, 1996. Al Grieshaber, Jr. City Attorney City of Albany, Georgia Aug. 30, Sept. 6, 13, 20, 1996 182150 Filed in the Office of the Secretary of State November 22, 1996. CITY OF JESUP SALE OF PROPERTY. AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF JESUP APPROVED DECEMBER 16, 1937, (GEORGIA LAWS, 1937-38, EX.SESS., PP. 1142-1203), AS AMENDED, SO AS TO PROVIDE FOR THE SALE OF PROPERTY BELONGING TO THE CITY, BOTH REAL AND PERSONAL; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS FOR THE CITY OF JESUP, that pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws 1965, pp. 298-299), as amended, an Act incorporating and creating a new Charter for the City of Jesup in Wayne County, Georgia, approved December 16, 1937, (Georgia Laws, 1937-38, ex.sess., pp. 1142-1203), as amended, is further amended as follows: Section 1: Sec. 42 of the Charter, and titled Election for Sale of Property, is hereby further amended by deleting the same in its entirety and inserting in lieu thereof the following: Sec. 42. Election for Sale of Property. No property belonging to the City, having a value of Ten Thousand and no/100 ($10,000.00) Dollars or over, as shall be determined and appraised by the Wayne County Tax Appraisers and Assessors, shall be sold until after the qualified voters of said City shall have ratified the sale thereof at an election held for that purpose. The Board of Commissioners, when in their opinion it would be in the best interest of the City to sell any property belonging to said City when the value is Ten Thousand and no/100 ($10,000.00) Dollars or more, determined as above provided, shall by proper Resolution call an election on the question of selling such property, setting out therein a full description of the question to be sold, when it is proposed to be sold, and for what purposes. The election shall be held in the same manner as a special election and in accordance with the Georgia Municipal Election Code. The ballots shall have written or

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printed thereon the terms, For the sale of City Property, to be left on said ballots by those wishing to vote in favor of sale and Against the sale of City Property, to be left on said ballots by those wishing to vote against the sale. These provisions shall not apply to tax sales. Provided, however, that this Section does not apply and shall not apply to lands in said City of Jesup identified on the Official Map thereof as Lot Numbers 174, 175, 182, and 183, and that each and all or any part of said lots may be sold, and any contract of sale in relation thereto may be consummated, without the necessity of an election. Section 2: Sec. 54 of the Charter is hereby amended by deleting the same in its entirety and inserting in lieu thereof the following: Sec. 54. Purchases, Sales. The City Manager of said City shall make all purchases of supplies, materials, and equipment for said City in such manner as the Board of Commissioners shall provide by ordinance. The City Manager shall, however, give opportunity for competitive bids on purchases of supplies, materials, and equipment purchased by the City where the value of such supplies, materials, and equipment exceeds One Thousand and no/100 ($1,000.00) Dollars; provided the City Manager may purchase supplies, materials, and equipment where the value totals more than One Thousand and no/100 ($1,000.00) Dollars without competitive bids when the City Manager shall deem it in the best interest and welfare of the City to make such purchases provided such purchases shall be made with the consent and in the presence of at least four (4) members of the Board of Commissioners. The Board of Commissioners shall, under such regulations as may be provided by ordinance, sell all real and personal property of said City not needed for public use or that may have become unsuited for public use; provided the Board of Commissioners shall not sell any City property, real or personal in nature, when its value exceeds the sum of Ten Thousand and no/100 ($10,000.00) Dollars, as determined in the manner hereinbefore provided until such sale has been ratified by the qualified voters of said City. Section 3: All ordinances, laws, or parts of ordinances or laws in conflict herewith are hereby repealed. Section 4: This ordinance shall become effective upon its adoption at two (2) consecutive meetings of the Board of Commissioners on October 22, 1996, and November 5, 1996. SO ORDAINED, this 5th day of November, 1996. Herb Shaw Mayor Raymond House II

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Commissioner Morris Melvin Commissioner Gerald Dewitt Commissioner James E. Johnson Commissioner Ricky A. Reddish, Sr. Commissioner ATTEST: Onda C. Woodard CITY CLERK This is to certify that this is a true and correct copy. Onda C. Woodard City Clerk/Treasurer STATE OF GEORGIA COUNTY OF WAYNE. PUBLISHER'S AFFIDAVIT PERSONALLY APPEARED, before me, the undersigned attesting officer, Heather Doyle, who first being duly sworn on oath, deposes and says that she/he is Legal Clerk of The Press Sentinel, the official organ of Wayne County, Georgia, and that the Notice attached below has been published in said paper on October 6, 13, and 20, 1996. Heather Doyle Sworn to and subscribed before me, this 21st day of November, 1996. Lynn S. Rice Notary Public, Wayne County, Georgia My Commission Expires October 18, 1999. NOTICE Notice is hereby given that there will be introduced at the regular meeting of the Board of Commissioners of the City of Jesup on Oct. 22, 1996, and Nov. 5, 1996, an Ordinance to Amend the Charter of the City of Jesup so as to provide for the sale of City property both real and personal. A copy of the proposed Amendment to the Charter is on file in the Office of the Clerk of the City of Jesup in City Hall, Jesup, Georgia, and in the Office of the Clerk of Superior Court, Wayne County, Georgia, for the purpose of examination and inspection by the public.

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s-Onda C. Woodard City Clerk Oct. 6, 13 and 20, 1996; No. 649 [Illegible Text] in the Office of the Secretary of State November 27, 1996. CITY OF KENNESAW MAYOR; POWERS AND DUTIES. [Illegible Text] 2.06 Mayor as presiding officer; additional powers. The mayor shall preside at meetings of the council; shall have a vote [Illegible Text] in the case of a tie vote by councilmen; shall have veto power, and the [Illegible Text] shall have four (4) days after meeting with the council in which to [Illegible Text] with the clerk, in writing, this dissent, but the council may, at the same [Illegible Text] or any subsequent meeting within 18 days, pass any such ordiance, order or resolution, notwithstanding the veto, by a vote of four-fifths 4/5) of the total number of councilmen, to be taken by ayes and nays, and [Illegible Text] upon the minutes; shall be the chief executive officer of the city; [Illegible Text] have the authority to appoint council members to head the various [Illegible Text] of the city, shall have the authority to appoint council [Illegible Text] to advise the various departments of the city through the [Illegible Text] of the city manager, provided, however, that each councilmen [Illegible Text] be appointed chairman of one of the following committees; general [Illegible Text] administrative, police, public utilities, parks and recreation, and lanning commission; shall sign ordinances and resolutions on their final assage; may obtain short-term loans in the name of the city when uthorized by the council to do so; shall sign deeds, bonds, and contracts [Illegible Text] authorized by the council to do so; and shall perform such other uties imposed by this charter and duly adopted ordinances. (Ga. L. 1971, [Illegible Text] 3620, as amended by Ga. L. 1977, p. 3221) CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW I, Susan Rackley, hereby certify that I am Clerk for the City of [Illegible Text] and the lawful custodian of the books and records of said [Illegible Text] and as such do hereby certify that the attached Charter [Illegible Text], Sec. 2.06 is a true and correct copy of same approved on the 3rd [Illegible Text] of September, 1996. WITNESS, my hand and Seal of the City of Kennesaw, Georgia this the 3th day of December, 1996. Susan Rackley, City Clerk [Illegible Text] 3.02 Administrative duties of the mayor. The mayor shall be the executive head of the city government. [Illegible Text] with the city council, they shall appoint a city manager who is [Illegible Text] for the efficient and orderly administration of the city's affairs.

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He The Mayor shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW I, Susan Rackley, hereby certify that I am 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 Charter Change, Sec. 3.02 is a true and correct copy of same approved on the 3rd day of September, 1996. WITNESS, my hand and Seal of the City of Kennesaw, Georgia this the 13th day of December, 1996. Susan Rackley, City Clerk Sec. 4.02 Mayor to submit annual budget. On or before a date fixed by the council, but not later than the first regularly scheduled meeting of a new fiscal year October 31st, the city manager mayor shall submit to the council, through the Mayor, a proposed operating budget for the next new fiscal year, showing separately for the general funds, each utility, and other funds, the following: (a) the revenue and expenditure during the preceding fiscal year, (b) appropriations and estimated revenue and recommended expenditures for the next fiscal year, (c) a comparative statement of the assets, liabilities, reserves and surplus at the end of the current fiscal year, and (d) such other information and data as may be considered necessary by the mayor and council. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221) CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW I, Susan Rackley, hereby certify that I am 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 Charter Change, Sec. 4.02 is a true and correct copy of same approved on the 3rd day of September, 1996. WITNESS, MY HAND AND Seal of the City of Kennesaw, Georgia this the 13th day of December, 1996. Susan Rackley, City Clerk

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Sec. 4.06 Capital improvements budget. (a) On or before a date fixed by the council, but not later than the first regularly scheduled meeting of the new fiscal year, the city manager mayor shall submit to the council, through the mayor, a proposed capital improvements budget with his recommendations as to the means of financing such improvements. The council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such projects are included in the capital improvements budget, except to meet a public emergency in the lives, health or property of inhabitants, when passed by four-fifths (4/5) vote of the membership of the council. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending on or in the process of construction or acquisition. (b) Before January 31 November 30 of the current fiscal year, the council shall adopt an appropriate ordinance based on the proposed capital improvements budget, with such modifications as the council considers necessary or desirable. No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided, the mayor may submit amendments to the capital improvements budget at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a majority vote of the council. (Ga. L. 1971, p. 3620, as amended by Ga. L. 1977, p. 3221) CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW I, Susan Rackley, hereby certify that I am 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 Charter Change, Sec. 4.06 is a true and correct copy of same approved on the 3rd day of September, 1996. WITNESS, my hand and Seal of the City of Kennesaw, Georgia this the 13th day of December, 1996. Susan Rackley, City Clerk CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW I, Susan Rackley, hereby certify that I am Clerk for the City of Kennesaw and the lawful custodian of the books and records of said

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municipality, and as such do hereby certify that the attached minutes of the August 5, 1996 meeting of the Mayor and City Council are a true and correct copy of same. WITNESS, my hand and seal of the City of Kennesaw, Georgia this the 13th day of December, 1996. Susan Rackley, City Clerk Mayor and Council Regular Meeting August 5, 1996 Call To Order: Mayor Haynie called the meeting to order. All Council members were present with the exception of Mr. Rowland, Fred Bentley, Jr., City Attorney was present. Public Hearing/Ordinance Consideration: A. Resolution 96-10 State Grant for renovation and landscaping of Museum. The City has been awarded a $10,000 grant from the Georgia Department of Natural Resources for this project. Mr. Ferris made a motion to authorize the Mayor to sign the contract. Seconded Mr. Worthan, unanimously approved. (Copy of resolution attached and made a part hereof). B. Ordinance 96-7 Amending the City Administrator's duties. Mayor Haynie announced this is the first public hearing to amend the charter and duties of the City Administrator to be more in line with a City Manager type of Government. Mr. Ferris stated he would like for the ordinance to be changed where the term City Administrator is, change the term from Administrator to Manager. Mr. Bentley reported under Section 2.06 of the City charter, as well as Section 2.13, 3.02, 4.02 and 4.06 of the charter shall be changed to reflect a City Manager form of Government. Mayor Haynie reported there is inconsistencies in Section 4.06 AB Capital Improvements Budget. He proposed the date under Section B be changed to read before November 30, of the current fiscal year. for the Capital Improvements Budget. Mayor Haynie ask for questions or comments from the floor. Being none this concludes the first public hearing.

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Consent Agenda: A. Approval acceptance of the minutes from the July 15, 1996 Council meeting. B. Authorizing purchase of City uniforms. (Solicited bids from six companies. Recommend low bidder, Infirst). C. Authorizing replacement of backstop in pony field at Adams Park. (Solicited bids from three companies. Recommend low bidder, Glover Fence @ $3,360.00). D. Authorizing the bid of a new packer truck for the Sanitation Department. E. Authorizing payment to City of Acworth for compost facilities. (Remove from Consent Agenda). F. Authorizing release of bond for English Oaks. G. Authorizing release of bond for Battle Drive extension. H. Presentation of bills and claims by departments. CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW I, Susan Rackley, hereby certify that I am 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 minutes of the August 19, 1996 meeting of the Mayor and City Council are a true and correct copy of same. WITNESS, my hand and seal of the City of Kennesaw, Georgia this the 13th Day of December, 1996. Susan Rackley, City Clerk Mayor and Council Regular Meeting August 19, 1996 Call To Order: Mayor Haynie called the meeting to order. All Council members were present. Fred Bentley, Jr., City Attorney was present. Public Hearing/Ordinance Consideration: A. Ordinance 96-6 Amending Standards for Telecommunications Antenna.

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Mayor Haynie reported this amends the telecommunications ordinance and provides for the removal of antenna's and towers if or when they are abandoned. Mayor Haynie ask for questions or comments from the floor. Being none this concludes the final public hearing. Mr. Rowland made a motion to adopt Ordinance 96-6. Seconded Mr. Ferris, unanimously approved. (Copy of ordinance attached and made a part hereof). B. Ordinance 96-7 Amending the City Administrator's Duties. Mr. Bentley reported we have a copy of the language changes from City Administrator to the title of City Manager. This accomplishes bringing a City manager type form of Government rather than City Administrator. Mr. Bentley ask for questions or comments from the floor. Being none this concludes the final public hearing. Mr. Bentley stated this would be adopted pursuit to home rule amendment as there are certain charter changes involved. Those changes involve section 2.06-2.13, 3.02-4.02 and 4.06. This will make all changes consistent as were proposed. Mr. Mathews made a motion to hold this until the next meeting to give everyone an opportunity to look at the latest version. Seconded Mr. Worthan, unanimously approved. Mr. Bentley requested the clerk advertise for a public hearing as the changes will be voted on at that meeting. C. Comprehensive Land Use Plan and Future Land Use Map. Mr. Bentley reported the State of Georgia required that cities and counties across the State of Georgia, under the Georgia Growth Strategies Act, adopt Comprehensive Land Use Plans as it relates to the development of property usage, basically looking toward your future growth. As a part of that the City of Kennesaw was required to adopt one which was done five years ago with the assistance of Cobb County. The plan was required to be a ten year plan. The plan was limited or allowed to be a shorter time period requiring an amendment in five years. The plan contains several components. There is a future land use map with proposed changes to see how the City will look. There is the Historic Resource Element, Economic Development Element and a Land Use Element, that had to be updated.

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CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW I, Susan Rackley, hereby certify that I am 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 minutes of the September 3, 1996 meeting of the Mayor and City Council are a true and correct copy of same. WITNESS, my hand and seal of the City of Kennesaw, Georgia this the 13th day of December, 1996. Susan Rackley, City Clerk Mayor and Council Regular Meeting September 3, 1996 Call To Order: Mayor Haynie called the meeting to order. All council members were present. Fred Bentley, Jr., City Attorney was present. Public Comments/Business From The Floor: Danny Jones, Parks Recreation. Director requested the Mayor and City Council authorize the closing of streets for the 5K run for the Women Realtors of Georgia scheduled for September 21, 1996. The streets are Cherokee to Baker to the intersection of Moon Station Road from 8:00 AM to 8:30 AM. Mr. Robertson made a motion to authorize the street closings as requested with proper posting of signs notifying residents the streets will be closed. Seconded Mr. Rowland, unanimously approved. Public Hearings/Ordinance Consideration: Mayor Haynie announced the ordinance changing the City Managers duties and responsibilities tabled at the last meeting is not listed on the agenda. It has been advertised for a public hearing for this meeting. Mr. Mathews made a motion to remove the ordinance from the table. Seconded Mr. Robertson, unanimously approved. Mayor Haynie asked if the council had read the changes in the new ordinance? He asked for questions or comments from council members. Mr. Robertson stated he felt it was an appropriate and well written ordinance.

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Mayor Haynie asked for questions or comments from the floor. Being none this closes the final public hearing. Mr. Mathews made a motion to approve the ordinance as advertised and written. Seconded Mr. Robertson, unanimously approved. Mr. Worthan made a motion to reconsider the action taken on the variance for Pembrook Day Care Center. Seconded Mr. Rowland. Mr. Robertson, Mr. Ferris, Mr. Rowland and Mr. Worthan vote yes. Mr. Mathews votes no. Motion passes 4-1. Consent Agenda: A. Approval/acceptance of the minutes from the August 19, 1996 council meeting. B. Authorizing expenditures of $1,000 for printing postage for information packet concerning Recreation Bond Issue. Mr. Robertson announced this packet is unbiased and is for information only. C. Authorizing transfer from line item 5030 Travel Conference to 5100 Training to obtain certification for inspectors (960.00). D. Authorization to repair Hydro-Rod, $3,390,20 to PH Supply Co., single source supplier. PUBLIC HEARING Notice is hereby given that the Mayor and City Council shall conduct a public hearing to give consideration to amending the City Charter, Article 2, Section 2.06 and 2.13. Article 3, Section 3.02 and Article 4, Section 4.02 and 4.06 Also, Ordinance 1994-6 shall be amended by changing chapter 4, Article C, Section 2-3-1, 2-5-7, 2-5-8(8) 2-5-8(9) (10). A copy of said changes are on file in the City Clerk's Office and are available for inspection by interested citizens Monday through Friday between the hours of 8:00 am to 5:00 pm. Said hearing shall be held on September 3, 1996 at 7:30 pm, at Kennesaw City Hall, 2529 J. O. Stephenson Avenue. All interested persons are invited to attend said hearing and be heard relative thereto. Susan Rackley City Clerk CLERK'S CERTIFICATION GEORGIA, COBB COUNTY CITY OF KENNESAW

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I, Susan Rackley, hereby certify that I am 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 notice of publication is a true and correct copy of same. WITNESS, my hand and Seal of the City of Kennesaw, Georgia this the 13th day of December, 1996. Susan Rackley, City Clerk 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 19, 26 day(s) of July, 1996, and on the 2 days of August, 1996 as provided by law. Otis A. Brumby, Jr. Subscribed and sworn to before me this 12 day of December, 1996. Bobbie Bleven Notary Public, Cobb County, Georgia My Commission Expires March 5, 1997 (SEAL) PUBLIC HEARING Notice is hereby given that the Mayor and City Council shall conduct a public hearing to give consideration to amending the city Charter, Article 2, Section 2.06, and 2.13, Article 3, Section 3.02 and Article 4, Section 4.02 and 4.06. Also Ordinance 1994-6 shall be amended by changing Chapter 4, Article C, Section 2-5-1, 2-5-7, 2-5-8 (8), 2-5-9 (9), (10). A copy of said changes are on file in the city Clerk's Office and are available for inspection by interested citizens Monday through Friday between the hours of 8:00 am to 5:00 pm. Said hearing shall be held on August 5, 1996 at 7:30 pm, and August 19, 1996 at 7:30 pm. at Kennesaw City Hall, 2529 J. O. Stephenson Avenue. All interested persons are invited to attend said hearing and be heard relative thereto. Susan Rackley City Clerk 7:19, 26, 8:2

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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 23 day(s) of August, 1996, and on the _____ days of _____, 19__, as provided by law. Otis A. Brumby, Jr. Subscribed and sworn to before me this 12 day of December, 1996. Bobbie Bleven Notary Public, Cobb County, Georgia My Commission Expires March 5, 1997 (SEAL) PUBLIC HEARING Notice is hereby given that the Mayor and City Council shall conduct a public hearing to give consideration to amending the City Charter, Article 2, Section 2.06 and 2.13. Article 3, Section 3.02 and Article 4, Section 4.02 and 4.06. Also, Ordinance 1994-6 shall be amended by changing chapter 4, Article C, Section 2-3-1, 2-5-7, 2-5-8(8) 2-5-8(9) (10). A copy of said changes are on file in the City Clerk's Office and are available for inspection by interested citizens Monday through Friday between the hours of 8:00 am to 5:00 pm. Said hearing shall be held on September 3, 1996 at 7:30 pm, at Kennesaw City Hall, 2529 J. O. Stephenson Avenue. All interested persons are invited to attend said hearing and be heard relative thereto. Susan Rackley City Clerk 8:23 Filed in the Office of the Secretary of State January 6, 1997. CITY OF LAGRANGE MUNICIPAL COURT; JUDGE; RESIDENCY. AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE TO AMEND THE CHARTER OF THE CITY; TO AMEND CHAPTER 7 OF THE CHARTER RELATING TO MUNICIPAL COURT IN ORDER TO MODIFY THE RESIDENCY REQUIREMENT; TO REPEAL CONFLICTING PROVISIONS; TO FIX AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

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THE MAYOR AND COUNCIL OF THE CITY OF LAGRANGE, GEORGIA, HEREBY ORDAIN AS FOLLOWS: SECTION 1: That Section 7.02 of the Charter of the City of LaGrange be amended, oursuant to the Municipal Home Rule Act of 1965, as amended, by deleting subsection (a) thereof, in its entirety, inserting in lieu thereof a new subsection (a) of Section 7.02 to read as follows: (a) A person shall not be qualified or eligible to serve as municipal judge unless he shall be licensed to practice law in the State of Georgia, shall have attained the age of twenty-five (25) years, shall be a qualified voter of Troup County, Georgia, and shall have resided therein at least one (1) year immediately preceding his or her appointment and shall continue to be a resident thereof during the term of his or her office. At the first regular meeting in January of each year, the Mayor and Council shall appoint the municipal judge and assistant municipal judge, each of whom shall serve for a term of one (1) year and until his or her respective successor is appointed and qualified. The Mayor and Council shall also be authorized to fill any vacancy or unexpired term in such offices and to fix the compensation of the municipal judge and the assistant municipal judge. SECTION 2: All provisions of the Charter of the City of LaGrange in conflict [Illegible Text] are hereby repealed. SECTION 3: This Charter amendment, after adoption by the Council and upon approval by the Mayor, shall become effective upon a copy of same being filed with the Secretary of State of the State of Georgia and the Clerk of the Superior Court of Troup County, Georgia, all in accordance with O.C.G.A. [Illegible Text] 36-35-5. NTRODUCED AND FIRST READING December 19, 1996 SECOND READING AND ADOPTED January 14, 1997 SUBMITTED TO MAYOR AND APPROVED January 14, 1997 BY: Eugene H. Woodall Mayor

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ATTEST: John Bell Clerk AFFIDAVIT OF PUBLISHER OF NEWSPAPER GEORGIA, TROUP COUNTY Before me personally appeared Lisa J. Phillips who being duly sworn, deposes and says that she is the Authorized Agent of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the Sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: LEGAL NO. 761 DEC. 20, 27, JAN. 3 NOTICE OF INTENT TO AMEND CHARTER OF THE CITY OF LAGRANGE Notice is hereby given that the Mayor and Council of the City of LaGrange has proposed and will consider an amendment to the City Charter modifying the residency requirement for office of municipal judge. A copy of the proposed amendment is on file in the office of John W. Bell, City Clerk, and in the office of Ramona S. Ward, Clerk of Superior Court of Troup County, Georgia, for the purpose of examination and inspection by the public. This 16 day of December, 1996. Jeffrey M. Todd City Attorney Lewis, Taylor Todd, P.C. P.O. Box 1027 304 Church Street LaGrange, Georgia 30241 (706) 882-2501 has been published in said LaGrange Daily News, to-wit: 12/20 1996, 12/27 1996, 1/3 1997, being 3 publications of said notice and petition, issued on dates aforesaid respectively. Lisa J. Phillips Authorized Agent Sworn and subscribed before me this 3rd day of January 1997
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Dottie Beall Hulett NOTARY PUBLIC GEORGIA COUNTY OF TROUP My Commission Expires August 17, 1999 Filed in the Office of the Secretary of State January 16, 1997. CITY OF SAVANNAH PARK AND TREE COMMISSION. AN ORDINANCE TO BE ENTITLED AN ORDINANCE TO AMEND THE CHARTER OF THE MAYOR AND ALDERMEN OF THE CITY OF SAVANNAH PROVIDING FOR A PARK AND TREE COMMISSION TO CHANGE THE NUMBER OF MEMBERS THEREOF, THEIR QUALIFICATIONS AND TERMS OF OFFICE; TO REPEAL ALL CHARTER PROVISIONS IN CONFLICT HEREWITH AND FOR OTHER PURPOSES. BE IT ORDAINED by The Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled and pursuant to lawful authority thereof, that the Charter provision for the Park and Tree Commission for the City of Savannah created by Ga. L. 1895, p. 306 et seq. s amended as follows: SECTION 1: By striking therefrom five (5) commissioners and inserting [Illegible Text] lieu thereof nine (9) commissioners. SECTION 2: By striking therefrom the provisions of Section 1 of said Act providing for appointment, terms and qualifications of membership and vacancies as codified in Section 8-212 through 8-219 of the 1977 City Code and inserting in lieu thereof a new section as follows: a. Membership and Appointments. The Park and Tree Commission shall consist of nine (9) members who shall be appointed by the Mayor and Aldermen. Recommendation for appointments may be made by the Park and Tree Commission to the Mayor and Aldermen. b. Term of Office. The term of office for each member of the Commission shall be three years, except that of those members first appointed, three (3) shall be appointed for one year, three (3) for two years, and three (3) for three years. When the terms of these first appointed shall expire, their successors shall be appointed for three-year terms. A member of the Commission shall not serve more than three consecutive three-year terms. c. Vacancies. Thirty days prior to the occurrence of a pending vacancy, or thirty days after a vacancy occurs when that vacancy is caused by death or resignation, the Savannah Park and Tree

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Commission may provide the Mayor and Aldermen a list of recommended qualified candidates to fill the vacancy. d. Qualifications of members. Members shall be residents of the City of Savannah. In selecting members for appointment to the Commission, the Mayor and Aldermen shall endeavor to create a Commission with diverse skills, backgrounds and demographics including broad geographic representation. Person selected for appointment shall have a demonstrated interest in the urban forest and scenic parks and in programs to enhance the quality of life in the community. e. Compensation. Members of the Commission shall receive no compensation for service, but shall be reimbursed for preapproved out-of-pocket expenditures made in connection with their duties. SECTION 3: By striking therefrom the provisions for officers and meetings as codified in Section 8-217, 8-218 and 8-219 of the 1977 City Code and inserting in lieu thereof a new Section as follows: The Commission shall elect one of its members as chairperson for a one-year term. The Commission may elect such other officers as it deems appropriate. The Commission shall have authority to adopt rules of procedures and policy for its activities. A quorum shall be a majority of those currently serving on the Commission. Minutes shall be kept by the Commission and shall be sent to the Mayor and Aldermen and to the City Manager. Section 4: All Acts or part of Acts in conflict herewith are hereby repealed. ADOPTED AND APPROVED: MAY 25, 1995. I, Dyanne C. Reese, Clerk of Council for the Mayor and Aldermen of the City of Savannah, do hereby certify the above ordinance to be a true and exact copy of the ordinance as adopted by the Mayor and Aldermen of the City of Savannah at its regular meeting, May 25, 1995. Signed and sealed February 18, 1997 DYANNE C. REESE, CLERK OF COUNCIL CITY OF SAVANNAH, GEORGIA Affidavit of Publication Savannah Morning News Savannah Evening Press STATE OF GEORGIA CHATHAM COUNTY Personally appeared before me, Yvonne James, to me known, who being sworn, deposes and says: That he is the Legal Clerk of Southeastern Newspapers Corporation, a Georgia Corporation, doing business in Chatham County, Georgia,

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under the trade name of Savannah Morning News/Savannah Evening Press, a daily newspaper published in said county; That he is authorized to make affidavits of publication on behalf of said published corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto; That he has reviewed the regular editions of the Savannah Morning News/Savannah Evening Press, published on 5-6, 19 95, 5-13, 19 95, 5-20, 19 95, __________, 19 95, and finds that the following Advertisement, to-wit: SPECIAL NOTICE Notice is hereby given that The Mayor and Aldermen of the City of Savannah consider an Ordinance proposed pursuant to O.C.G.A. 36-35-3 to AMEND the CHAPTER of the City of Savannah to provide for membership, appointment, qualification and term of the office of members of the Park and Tree Commission. The Amendment will be considered at the meeting of Council May 11, 1995, to be held at 2:00 p.m. in Council Chambers at City Hall and further considered for final adoption at the nest regular meeting on May 25, 1995. A copy of the proposed Ordinance is on file in the office of the Clerk of Council and the Office of the Clerk of the Superior Court of Chatham County, Georgia, for the purpose of examination and inspection by the public. This 3rd day at May, 1995. Dyanne C. Reese Clerk of Council appeared in each of said editions. Yvonne James (Deponent) Sworn to and subscribed before me this 22nd day of May, 19 95. Lillie Dale Lang Notary Public, Chatham County, Ga. My Commission Expires Apr. 14, 1997 Filed in the Office of the Secretary of State February 11, 1997.

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CITY OF LAKELAND BONDS; SINKING FUND. CHARTER AMENDMENT BY HOME RULE ORDINANCE To Amend The Charter Of The City Of Lakeland To Delete The Requirement That The City Council Of Lakeland Create A Board Of Commissioners Known As The Sinking Fund Commissioners Of The City Of Lakeland; And For Other Purposes. BE IT ORDAINED by the City Council of Lakeland in a regularly called meeting assembled and by the authority of same it is hereby ordained as follows: Section 1 This Ordinance is enacted pursuant to Article IX, Section II, Paragraphs II and III of the Constitution of the State of Georgia and The Municipal Home Rule Act of 1965 (O.C.G.A. 36-35-1 et seq., as amended). Section 2 The City Council of Lakeland hereby amends Section 34 of the Charter of the City of Lakeland, Ga. L. 1925, p. 1217, as amended by local Acts of the General Assembly of Georgia, Ga. L. 1929, p. 1117; Ga. L. 1939, p. 1131; Ga. L. 1945, p. 988; Ga. L. 1949, p. 763; Ga. L. 1953, p. 2169; Ga. L. 1971, p. 3394; Ga. L. 1974, p. 2697, by striking Section 34 in its entirety and by inserting in lieu thereof a new Section 34, to read as follows: Section 34. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the city council of said city to provide a sinking find to pay off the principal and interest of such bonds or series of bonds at their maturity. Section 3 This Ordinance shall become effective upon adoption by the City Council of Lakeland. Section 4 All ordinances, resolutions or parts thereof in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 5 The City Clerk is hereby authorized and directed to send to the Secretary of State and to the Clerk of the Superior Court of Lanier County 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 such notice was published.

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SO ORDAINED, this 10th day of March, 1997. This Ordinance received a first reading on February 10, 1997. CITY OF LAKELAND Betty Chadwick Mayor Attest: Mary L. Allen City Clerk CLERK'S CERTIFICATE I, Mary L. Allen, DO HEREBY CERTIFY that I am the Clerk of the City of Lakeland (the City), and that the foregoing pages of typewritten matter constitute a true and correct copy of an ordinance adopted at a regular meeting of the City which was duly called and assembled on the 10th day of March, 1997, at which meeting a motion was carried relating to the amendment of the City's charter, which motion has not been amended or rescinded and is in full force and effect on the date of this Certificate, and that the minute book of the City remains in my custody and control. Witness my hand this 10th day of March, 1997. Mary L. Allen Clerk, City of Lakeland (CORPORATE SEAL) PUBLISHER'S AFFIDAVIT STATE OF GEORGIA COUNTY OF LANIER Before the undersigned attesting officer in and for the State personally appeared Ann G. Knight, who on oath deposes and says that he/she is the publisher of the Lanier County News, the official organ for Lanier County; and that the attached notice regarding the amendment to the City of Lakeland's charter was published in the newspaper on the following dates, to-wit: February 5, 1997, February 12, 1997, February 19, 1997, February 26, 1997, and March 5, 1997. Ann G. Knight Publisher Sworn to and subscribed before me this 7th day of April, 1997. Rosa B. Futch Notary Public, Cook County, Georgia My Commission Expires July 19, 1999

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NOTICE OF CHARTER AMENDMENT BY HOME RULE Public notice is hereby given by the City Council of Lakeland of its intent to amend the Charter of the City of Lakeland, Ga. L. 1925, p. 1217, as amended by local Acts of the General Assembly of Georgia, Ga.L. 1929, p. 1117; Ga.L. 1939, p. 1131; Ga.L. 1945; p.988; Ga.L. 1949, p. 763; Ga.L. 1953, p. 2169; Ga. L. 1971, p. 3394; Ga. L. 1974, p. 2697. The proposed Ordinance will repeal the requirement that the City Council of Lakeland create a board of commissioners to be known as The Sinking Fund Commissioners of the City of Lakeland and the provisions relating thereto. This Ordinance shall receive its first reading before the City Council of Lakeland at its regular meeting of February 10, 1997 at 5:00 o'clock P.M. at City Hall, 122 South Valdosta Road, Lakeland, Georgia. A second and final reading of the Ordinance shall be held by the City Council of Lakeland at its next regular meeting on March 10, 1997 at 5:00 o'clock P.M. at City Hall, 122 South Valdosta Road, Lakeland, Georgia at which time the Ordinance may be enacted into law. A complete copy of the Ordinance is on file in the Office of the City Clerk of the City of Lakeland, 122 South Valdosta Road, Lakeland, Georgia and in the Office of the Clerk of the Superior Court of Lanier County, 100 Main Street, Lakeland, Georgia for public inspection and copying. This 31st day of January, 1997. s/Betty Chadwick Mayor, City of Lakeland 6,7,8,9 Filed in the Office of the Secretary of State April 16, 1997.