Local and special acts and resolutions of the General Assembly of the state of Georgia 1999 volume two [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 19990000 English

LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1999 Volume Two 19990000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

TABLE OF CONTENTS VOLUME ONE Acts and Resolutions of General Application 1 Proposed Amendments to the Constitution 1273 VOLUME TWO Acts and Resolutions of Local Application 3501 County and Consolidated Government Home Rule Actions 4929 Municipal Home Rule Actions 4991 Order of the Superior Court of Douglas County dissolving the City of Lithia Springs 5197 VOLUME THREE Acts by Numbers-Page References I Bills and Resolutions-Act Number References VI Appellate Courts-Personnel XII Superior Courts-Personnel and Calendars XIII Index-Tabular XXV Index-General LXIV Population of Georgia Counties-Alphabetically CXLIII Population of Georgia Counties-Numerically CXLIX Population of Municipalities CLI Population of Judicial Circuits CLVII Georgia Senate Districts. Alphabetically by County CLX Georgia Senators. Alphabetically by Name CLXII Georgia Senators. Numerically by District CLXV Georgia House Districts. Alphabetically by County CLXVIII Georgia Representatives. Alphabetically by Name CLXX Georgia Representatives. Numerically by District CLXXVIII Status of Referendum Elections CLXXXVI Governor's Proclamation on Ratification or Rejection of Constitutional Amendments at the 1998 General Election CCCXLV Vetoes by the Governor CCCXLIX

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COMPILER'S NOTE General Acts and Resolutions of the 1999 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 1273. 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 April 1, 1998, and April 1, 1999, are printed in Volume II beginning at pages 4929 and 4991, respectively. There are no numbered pages between page 1276, the last page of Volume I, and page 3501, the first page of Volume II. This allows both volumes to be printed simultaneously. In order to eliminate the need for hand stiching of thick books and to reduce costs, the index and other material is now in a separate Volume III, and 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 report of the state auditor on concurrent funding of retirement bills; and the Governor's veto message are printed in Volume III. Indexes cover material in both Volumes I and II. The tabular indexes list matter by broad categories. The general index is a detailed alphabetical index by subject matter. When possible, general Acts have been indexed by reference to the titles of the Official Code of Georgia Annotated which they amend and the tabular index contains a list of Code sections which have been amended, enacted, or repealed. Each Act and Resolution is preceded by a caption written by the compilers of the Georgia Laws solely to assist the reader in quickly determining the subject matter of the Act or Resolution. This caption includes 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. The caption for each Resolution contains the Resolution Act number assigned by the Governor and the House Resolution or Senate Resolution number. These captions are not part of the Act or Resolution when they are enacted or adopted by the General Assembly. Each Act or Resolution which was signed by the Governor is followed by the approval date on which it was signed by the Governor. MURRAY COUNTYHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 1 (House Bill No. 32). AN ACT To provide a homestead exemption from Murray County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . For purposes of this Act, the term: (1) Ad valorem taxes for educational purposes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the Murray County School District, including, but not limited to, taxes to pay interest on and to retire school bond indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Income means net income, as defined by Georgia law, from all sources. For the purposes of this Act, net income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. (4) Senior citizen means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. SECTION 2 . (a) Each resident of the Murray County School District who is a senior citizen is granted an exemption on that person's homestead from all Murray County School District ad valorem taxes for educational purposes

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in the amount of $30,000.00 of the assessed value of that homestead, if that person's income, together with the income of the spouse of such person who resides within such homestead, does not exceed $20,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (b) A person shall not receive the homestead exemption granted by subsection (a) of this section unless the person or person's agent files an affidavit with the tax commissioner of Murray County giving the person's age, and the amount of income which the person and the person's spouse residing within such homestead received during the last taxable year, and such additional information relative to receiving such exemption as will enable the tax commissioner to make a determination as to whether such owner is entitled to such exemption. The tax commissioner shall provide affidavit forms for this purpose. SECTION 3 . The tax commissioner of Murray 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 Murray 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, independent school district taxes, or Murray County taxes for county purposes. The homestead exemption granted by this Act shall be in addition to and not in lieu of any other homestead exemption applicable to Murray County School District ad valorem taxes for educational purposes. SECTION 6 . The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 1999.

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SECTION 7 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Murray County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the Murray County School District for approval or rejection. The election superintendent shall conduct that election on the third Tuesday in March, 1999, 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 Murray County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for residents of that school district who are 62 years of age or over and who have annual incomes not exceeding $20,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 6 of this Act shall become of full force and effect immediately. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 6 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by Murray County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 8 . Except as otherwise provided in Section 7 of this Act, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 9 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to provide a homestead exemption from Murray County School District ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the

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homestead for certain residents of that school district who have annual incomes not exceeding $20,000.00 and who are 62 years of age or over; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; and for other purposes. This 25th day of December, 1998. Charles Poag, Georgia State Representative, 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: January 6, 1999. (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. [UNK] 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 11th day of January, 1999.

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s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved February 1, 1999. COWETA COUNTYSTATE COURT; CLERK AND PERSONNEL. No. 3 (House Bill No. 196). AN ACT To amend an Act creating the State Court of Coweta County (formerly the City Court of Newnan), approved October 5, 1887 (Ga. L. 1886-87, p. 692), as amended, so as to change the provisions relating to the clerk of the state court and other personnel of the court; to provide for the appointment, service, and compensation of a clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Coweta County (formerly the City Court of Newnan), approved October 5, 1887 (Ga. L. 1886-87, p. 692), as amended, is amended by striking Section XLIII-A of said Act and inserting in its place the following: SECTION XLIII-A. The clerk of the superior court of Coweta County may serve as ex-officio clerk of the State Court of Coweta County or the judge of the state court, with the consent of the governing authority of Coweta County, may appoint some other person to serve at the pleasure of the judge as clerk of the state court. Any person appointed by the judge to serve as clerk shall receive such compensation as shall be fixed by the governing authority of Coweta County upon recommendation by the judge of the state court. If the clerk of the superior court also serves as clerk of the state court, such person shall be entitled to no additional compensation for services as such except as otherwise required by general law. The sheriff of Coweta County shall be ex-officio sheriff of the State Court of Coweta County but shall be entitled to no additional compensation for services as such unless otherwise required by general law. All fees, costs, percentages, forfeitures, penalties, allowances, and other perquisites of whatever kind as may now or hereafter be allowed by law to be received or collected as compensation for services by said officials as officials of the State Court of Coweta County shall be received and diligently collected by said officials for the sole use of Coweta County and shall be

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held as public moneys belonging to Coweta County and accounted for and paid over to the fiscal authorities of Coweta County on the first Tuesday in each month, at which time a detailed itemized statement shall be made showing such collections and the sources from which collected. 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. STATE OF GEORGIA COWETA COUNTY RESOLUTION WHEREAS, the Coweta County Commission earlier adopted a resolution to fund a separate State Court Clerk for the Coweta County State Court; and WHEREAS, local legislation will be introduced to clarify prior local legislation regarding the Clerk of the State Court. IT IS HEREBY RESOLVED AS FOLLOWS: 1. The legislative delegation representing Coweta County is hereby requested to adopt local legislation amending an act of the General Assembly of Georgia creating the State Court of Coweta County (formerly The City Court of Newnan) (Ga. Laws 1886-1887, p. 692), as amended to clarify that a State Court Clerk may be appointed by the State Court Judge with the concurrence of the Board of Commissioners of Coweta County and for other purposes. 2. In addition, said Board of Commissioners, request that this legislation take effect immediately. SO RESOLVED in open session, lawfully assembled, this 12 day of January, 1999. s/Lawrence A. Nelms Chairman s/Vernon Hunter s/Charlie F. Jones, Jr. s/James E. McGuffey s/Robert Wood

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Attest: s/Roxie H. Clark Clerk NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an act creating the State Court of Coweta County (formerly City Court of Newnan) approved October 5, 1887, (Ga. L. 1886-1887, p. 692), as amended and for other purposes. This 12 day of January, 1999. Lawrence Nelms Chairman, Coweta County Commission GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lynn A. Westmoreland, who on oath deposes and says that he is the Representative from the 104th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Times-Herald which is the official organ of Coweta County on the following date: January 21, 1999. (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. [UNK] 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/ LYNN A. WESTMORELAND Representative, 104th District Sworn to and subscribed before me, this 25th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved February 5, 1999. RICHMOND COUNTYCIVIL COURT; PERSONNEL; MARSHAL; COMPENSATION; POWERS. No. 5 (House Bill No. 360). AN ACT To amend an Act creating the Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly but not exclusively by an Act approved March 31, 1971 (Ga. L. 1971, p. 2745), by an Act approved March 21, 1974 (Ga. L. 1974, p. 2410), and by an Act approved March 13, 1978 (Ga. L. 1978, p. 3341), so as to provide for the personnel of said court; to provide for the salary of the marshal of such court; to change from appointment to election of the marshal; to provide for powers of the marshal; 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 Civil Court of Richmond County, approved August 28, 1931 (Ga. L. 1931, p. 270), as amended, particularly but not exclusively by an Act approved March 31, 1971 (Ga. L. 1971, p. 2745), by an Act approved March 21, 1974 (Ga. L. 1974, p. 2410), and by an Act approved March 13, 1978 (Ga. L. 1978, p. 3341), is amended by inserting appointed or elected immediately preceding Marshal in Section 5. SECTION 2 . Said Act is further amended by adding a new Section 9C to read as follows: SECTION 9C. The provisions of Section 9 of this Act or any other provision of law notwithstanding, on and after January 1, 2000, the salary of the marshal

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of the Civil Court of Richmond County, Georgia, shall be $60,000.00 per annum. SECTION 3 . Said Act is further amended by adding a new Section 10A to read as follows: SECTION 10A. The provisions of Section 10 of this Act or any other provision of law notwithstanding, the person serving as marshal of the Civil Court of Richmond County on January 1, 1999, shall continue to serve as such for the remainder of a term expiring January 1, 2002; except in case of vacancy created by death, resignation, or disqualification, in which event a special election to fill such vacancy for the remainder of such term may be called and held as provided by general law. The marshal of the Civil Court of Richmond County shall be elected at the general municipal election held in November, 2001, and quadrennially thereafter by the qualified voters of Richmond County for a term of office of four years beginning January 1 following such election and until the election and qualification of a successor. All elections under this section shall be conducted on a nonpartisan basis, without a primary, and as provided by Chapter 2 of Title 21 of the O.C.G.A. All persons elected to the office of marshal of the Civil Court of Richmond County under the provisions of this section shall be elected by plurality vote as defined by Code Section 21-2-2 of the O.C.G.A. Any other provision of law notwithstanding, all persons serving as marshal of said court under the provisions of this section shall have the authority to manage the affairs of said office and to name their deputies who shall hold said office at the pleasure of the marshal. SECTION 4 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, except that Section 2 of this Act shall become effective on January 1, 2000. SECTION 5 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a Bill to amend an Act creating the Civil Court of Richmond County, Georgia approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended by an Act approved March 31, 1971 (Ga. Laws 1971, p. 2745) as amended, so as to provide for the personnel of said court; and for other purposes.

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This 12th day of January, 1999. ROBIN WILLIAMS Representative, 114th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robin Williams, who on oath deposes and says that he is the Representative from the 114th 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 15, 1999. (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. [UNK] 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/ ROBIN WILLIAMS Representative, 114th District Sworn to and subscribed before me, this 25th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved February 10, 1999.

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BIBB COUNTY AND CITY OF MACONJOINT UNIFICATION STUDY COMMISSION; FUNDING; MEMBERSHIP; REPORTS. No. 6 (House Bill No. 134). AN ACT To authorize the funding of a Joint Unification Study Commission created by the governing authorities of Bibb County and the City of Macon; to provide for the ratification of certain actions taken by Bibb County and the City of Macon; to provide for the membership of the Unification Study Commission; to provide for reports by such commission; to provide for matters relative thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The resolutions of the governing authorities of Bibb County and the City of Macon creating a Unification Study Commission for the purpose of determining and making recommendations to the General Assembly respecting intergovernmental relations and operations between the City of Macon, Bibb County, and other political subdivisions within the county are hereby ratified. The recommendations of the commission may include but are not limited to proposals for the unification, merger, or consolidation of local governments, repeal of municipal charters, and other proposals for governmental reorganization to achieve a more efficient and effective delivery of governmental services. SECTION 2 . The membership of the commission shall be as established by resolutions duly adopted by the governing authorities of Bibb County and the City of Macon. Should a vacancy occur in the membership of the commission, the governing authority that appointed the member whose post has been rendered vacant for any reason shall elect a new member to fill the vacancy. SECTION 3 . The governing authorities of the City of Macon and Bibb County are each authorized to expend funds for the purpose of providing financial support for the operations of the commission created by the aforesaid resolutions. SECTION 4 . Whenever the commission shall determine from time to time that funds are needed for its operations, it shall by resolution request the same of the county and the city, and the governmental authorities of the two governments

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shall supply such funds to the commission in equal shares upon a determination by the two governments that such funds are reasonably necessary for the commission's purposes. SECTION 5 . The Unification Study Commission created by resolutions of the city and county shall report to members of the General Assembly whose senatorial and representative districts lie wholly or partially within Bibb County by December 1, 2000, and shall make another report to such members of the General Assembly upon the completion of the commission's study if such study is not completed by December 1, 2000. Such reports shall also be made to the governing authorities of the city and county. SECTION 6 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 7 . All laws and parts of laws in conflict with this Act are repealed. LEGAL NOTICE Notice of Intent to Introduce Local Legislation Notice is hereby given that there will be introduced a the regular 1999 Session of the General Assembly of Georgia a Bill to ratify resolutions of the governing authorities of Bibb County and the City of Macon, Georgia creating a Unification Study Commission for Bibb County and the city of Macon, Georgia, to authorize the funding of the Unification Study Commission by the governing authorities of the City of Macon and Bibb County, and for other purposes. s/ E. S. Bell, Jr. by Kevin Brown Attorney for Bibb County, GA s/ Jim Marshall by Kevin Brown Mayor, City of Macon, Georgia 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: January 9, 1999. (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 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. [UNK] 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 14th day of January, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved February 9, 1999. CITY OF PELHAMCITY COUNCIL; BOARD OF EDUCATION; DISTRICTS. No. 7 (House Bill No. 437). 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 change certain provisions regarding the election districts of members of the city council and members of the Board of Education of the City of Pelham Public School System; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing a new charter for the City of Pelham, approved March 11, 1977 (Ga. L. 1977, p. 3034), as amended, is amended by striking subsections (a) and (b) of Section 5.10 and inserting in their place new subsections (a) and (b) to read as follows: (a) For purposes of electing members of the city council other than the mayor, the City of Pelham is divided into two council districts. The council districts shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as Operator: local Client: pelham Plan: pelham99. (b) When used in such attachment, the terms `Tract,' `Block,' and `Block Group' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. Any part of the City of Pelham which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of the City of Pelham 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 otherwise provided in the description of any council 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. SECTION 2 . Said Act is further amended by striking subsection (d) of Section 6A.10 and inserting in its place a new subsection (d) to read as follows: (d) (1) For purposes of electing members of the board of education, the City of Pelham School District is divided into two education districts. The two education districts shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as Operator: local Client: pelham Plan: pelham99. (2) 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

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part of the City of Pelham School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of the City of Pelham School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Except as otherwise provided in the description of any education 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. SECTION 3 . It shall be the duty of the Pelham city attorney and the attorney of the Board of Education of the City of Pelham to submit this Act 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: pelham Plan: pelham99 District No. 1 MITCHELL Tract: 9806. Block: 105A, 106A, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 128, 129, 130, 131, 132, 133, 134, 135, 136, 139, 140, 141, 142, 201A Block: That part of 206A except those houses which currently or in the future are constructed fronting on Hand Avenue Block: 209A, 211A, 212, 213, 214, 215, 216A, 217, 218 District No. 2 MITCHELL Tract: 9806. Block: 121, 122, 123, 124, 125, 126, 127, 137, 138, 143, 144, 145, 146, 147, 148, 149 Block: Those houses in 206A which currently or in the future are constructed fronting on Hand Avenue Block: 317A, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 335A, 336A, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416,

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417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444A, 446, 447, 448, 449A, 450 Tract: 9807. Block: 153A, 154A, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179A, 181A, 182, 183, 184, 185, 186, 212A, 213, 214A, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238 CITY OF PELHAM RESOLUTION STATE OF GEORGIA COUNTY OF MITCHELL NOW COMES, Chester Shellnut, Mayor of the City of Pelham, Georgia, and pursuant to the unanimous vote of Mayor and Council at their monthly council meeting held on the 11th day of January, 1999, wherein said body requested that Representative A. Richard Royal introduce local legislation which would conform the City of Pelham Council voting line of said body with the voting line of the Pelham City School Board, and that a resolution be executed by the Mayor in order that local legislation can be undertaken. BE IT HEREBY RESOLVED that the Mayor and Council upon unanimous vote are desirous of conforming the voting line of the City of Pelham Council with the voting line of the Pelham City School Board, and that local legislation be introduced to provide for matters relative to the modification of said voting lines to conform, which repeal conflicting laws and for other purposes incidental necessary thereto. This the 11th day of January, 1999. City of Pelham By: s/Chester Shellnut Chester Shellnut, Mayor Attest: s/Lillian Smith PUBLIC NOTICE Notice is given that there will be introduced at the Regular 1999 Session of the General Assembly of Georgia, at the direction of The City of Pelham, a bill to conform the ward voting plan pursuant to the Charter of the City of Pelham, approved 3-11-77 Ga. Laws (1977 pg. 30-34) as amended, and for other purposes. City of Pelham Mitchell County, Georgia

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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: January 22, 1999. (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. [UNK] 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/ A. RICHARD ROYAL Representative, 164th District Sworn to and subscribed before me, this 2nd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved February 26, 1999.

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CITY OF HAWKINSVILLE AND PULASKI COUNTYCONSOLIDATED GOVERNMENT; REFERENDUMS. No. 8 (House Bill No. 197). AN ACT To provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County; to provide for the creation of the consolidated government of Hawkinsville-Pulaski County, Georgia; to provide for the status, boundaries, and powers of the consolidated government; to provide for the form of, administration of, and affairs of the consolidated government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with respect to the effectiveness of the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CONSOLIDATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF HAWKINSVILLE-PULASKI COUNTY, GEORGIA SECTION 1-1-1 . Consolidation of county and city; name. (a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Hawkinsville, a municipal corporation incorporated by an Act of the General Assembly of Georgia, approved April 4, 1991 (Ga. Laws 1991, p. 4711), as amended, are hereby consolidated with the governmental and corporate powers, duties, and functions of Pulaski County. This consolidation shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Pulaski County. Such 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 Hawkinsville-Pulaski County, Georgia, having all the governmental and corporate powers, duties, and functions previously held by and vested in the City of Hawkinsville and in Pulaski County, and also the powers, duties, and functions provided in this charter. (b) Hawkinsville-Pulaski County, Georgia, shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, posses, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Hawkinsville or Pulaski County; and by the name of

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Hawkinsville-Pulaski County, Georgia, shall be capable of suing and being sued when authorized by this charter and by the Constitution and laws of the State of Georgia. (c) On the effective date of this charter, the political subdivision known as Pulaski County, Georgia, and the municipal corporation known as the City of Hawkinsville, Georgia, shall be consolidated and merged into the new political entity created by this charter. (d) The consolidation of the governments of the City of Hawkinsville and Pulaski County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of the State of Georgia of 1983, as amended. SECTION 1-1-2 . Boundaries. Hawkinsville-Pulaski County, Georgia, shall embrace the total area included within the existing territorial limits of Pulaski County as such limits are established on the effective date of this charter, provided that such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties. SECTION 1-1-3 . Status as municipal corporation and county. Hawkinsville-Pulaski County, Georgia, shall be deemed to be both a municipal corporation and a county throughout the total territorial limits of such government. SECTION 1-1-4 . Powers. (a) Hawkinsville-Pulaski County, Georgia, shall have all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties, municipal corporations, or both by the Constitution and laws of Georgia. (b) In addition to the rights, duties, powers, privileges, and authority expressly conferred by this charter, the consolidated government of Hawkinsville-Pulaski County, Georgia, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of the government 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 in this charter and to do and perform all of the acts pertaining to its property, affairs, and local

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government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (c) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the consolidated government shall have the powers specifically enumerated in Section 8-1-4 of this charter. No enumeration of any right, power, privilege, or authority shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter. SECTION 1-1-5 . Establishment of services districts. Hawkinsville-Pulaski County, Georgia, will initially be divided into two services districts. The purpose of establishing services districts is to ensure that the citizens of Hawkinsville-Pulaski County, Georgia, will pay for the services that they receive but will not pay for a service that they are not receiving. The boundaries of the urban and general services districts, taxation and services within those districts, and the methods for changing district boundaries or services and for creating new districts are set forth in Section 7-1-2 of this charter. ARTICLE II GOVERNING AUTHORITY CHAPTER 1The Board of Commissioners SECTION 2-1-1 . Name. The governing authority of Hawkinsville-Pulaski County, Georgia, shall be and is hereby designated as the Board of Commissioners of Hawkinsville-Pulaski County, Georgia. SECTION 2-1-2 . Composition and election. The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall consist of five members, who shall be elected from single-member districts as provided in Section 6-2-1 of this charter. Each member of the board of commissioners shall be elected by the voters of the district he or she represents. Each commissioner shall be elected in nonpartisan primaries and elections as provided for in Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code. SECTION 2-1-3 . Terms and qualifications. (a) Terms of office shall be concurrent as provided in Section 9-1-2 of this charter. There shall be no limit on the number of terms an individual may serve as a commissioner.

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(b) A candidate for the board of commissioners shall specify the single-member district for which such person is offering for election. Each candidate shall be nominated and elected by a majority of the qualified electors voting in such single-member district. No person shall be eligible for election or appointment to the board of commissioners unless such person shall, on or before the date of election or appointment to such office, have attained the age of 21, except as otherwise provided under paragraph (1) of Code Section 45-2-1 of the Official Code of Georgia Annotated; be a qualified elector of Hawkinsville-Pulaski County, Georgia; have been a resident of Hawkinsville-Pulaski County, Georgia, for at least one year prior to the election; and have been a resident of the district from which such person offers as a candidate for at least one year prior to the election. A person elected or appointed as a member of the board of commissioners from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. SECTION 2-1-4 . Powers. All powers of Hawkinsville-Pulaski County, Georgia, including any such powers which may hereafter be conferred by amendment of this charter or by the Constitution or laws of Georgia, shall be vested in the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, except as otherwise provided by law or by this charter. The board of commissioners shall provide by ordinance for the exercise of such powers and for the performance of all duties and obligations imposed on Hawkinsville-Pulaski County, Georgia, by law. SECTION 2-1-5 . Chairman; vice chairman; powers; duties; term limits; vacancies. (a) At its first meeting in January following an election, the members of the board of commissioners shall elect from their number a chairman to serve for a term of four years. At their first meeting in January each year, the board of commissioners shall also elect a vice chairman to serve for a term of one year. No person shall be eligible or entitled to hold the position of chairman for more than three full four-year terms. The chairman shall be the executive head of the consolidated government and shall have such other powers and duties as may be provided by ordinance or resolution that are not in conflict with this charter. Specifically, the chairman shall: (1) Preside over all meetings of the board of commissioners; (2) Serve as the ceremonial head of Hawkinsville-Pulaski County, Georgia, and as its official representative to federal, state, and local governmental bodies and officials;

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(3) Set the agenda for meetings of the board of commissioners after receiving input from members of the board of commissioners; (4) Call special meetings of the board of commissioners as provided by this charter; (5) Appoint and remove with a majority vote of the board of commissioners the attorney for the consolidated government, members of all boards and authorities of the consolidated government, and members of committees of the board of commissioners; (6) Sign all orders, checks, and warrants for payment of money; (7) Execute all contracts, deeds, and other obligations of the consolidated government; and (8) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The chairman shall be authorized to vote on any matter before the board of commissioners in the same manner as any other member of such board. The chairman shall not have the power to veto any ordinance or resolution duly enacted or adopted by the board of commissioners. (c) In the absence of the chairman for any cause, the vice chairman shall preside over meetings and discharge the duties of the chairman. In the event of a permanent vacancy in the office of chairman, the vice chairman shall become and thereafter serve as the chairman for the remainder of the chairman's term. The board of commissioners shall elect a new vice chairman to fulfill the remainder of the chairman's term. SECTION 2-1-6 . Compensation. (a) The members of the board of commissioners shall be compensated at the rate of $300.00 per month from the funds of Hawkinsville-Pulaski County, Georgia. (b) The chairman of Hawkinsville-Pulaski County, Georgia, shall be compensated at the rate of $500.00 per month from the funds of Hawkinsville-Pulaski County, Georgia. (c) In addition to the salary provided, any commissioner, including the chairman, shall be reimbursed for actual expenses incurred by such member in carrying out the responsibilities of the consolidated government of Hawkinsville-Pulaski County, Georgia. Such expenses must be approved by a vote of the entire board of commissioners. (d) The salary and expenses of members of the board of commissioners may be changed by ordinance, subject to the conditions and requirements

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set forth in Code Section 36-35-4 of the Official Code of Georgia Annotated. SECTION 2-1-7 . Vacancies. (a) The office of commissioner shall become vacant if a member ceases to reside in the district from which elected or upon a member's death, resignation, or removal from office or forfeiture of office upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the Official Code of Georgia Annotated, or any other applicable law, now existing or hereafter enacted. (b) (1) In the event that the office of commissioner becomes vacant for any reason, a successor shall be selected as provided in paragraphs (2) and (3) of this subsection. (2) If there are more than six months remaining in the unexpired term, the position shall be filled by special election at the next permissible date for a special election. The special election shall be called by the judge of the probate court as provided by general law. Any person so elected must meet the same qualifications for election as set forth in Section 2-1-3 (b) of this charter. (3) If fewer than six months remain in the unexpired term, the judge of the probate court shall appoint a successor to fill the unexpired term. Any person so appointed must meet the same qualifications for election as set forth in Section 2-1-3 (b) of this charter. CHAPTER 2Organization and Procedure SECTION 2-2-1 . Oath; rules; records; meetings; quorum; emergency ordinances. (a) The board of commissioners shall hold its organizational meetings on the first working day in January following the general election. At such meetings, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court: I do solemnly swear or affirm that I will well and truly perform the duties of the office of commissioner of Hawkinsville-Pulaski County, Georgia, and that I will support and defend the charter thereof and the Constitution and laws of the State of Georgia and of the United States. (b) The board of commissioners shall determine its own rules and order of business as it deems appropriate to govern the conduct and procedures of its meetings, provided that the board of commissioners shall comply with the open and public meeting requirements of Chapter 14 of Title 50 of the Official Code of Georgia Annotated. The board of commissioners shall

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provide for the keeping of the minutes of its proceedings which shall be a public record. (c) The board of commissioners shall hold at least one regular meeting each month. The board of commissioners shall adopt by ordinance the time, date, and place for such meeting. No additional notice shall be required to be given for any regular meeting. (d) The board of commissioners may hold such special meetings as it deems necessary or proper. Special meetings may be held on the call of the chairman or any two or more commissioners upon not fewer than 24 hours written notice to each member at the usual place of business or residence of such member. Notice of a special meeting may be waived in writing by any member either before or after such meeting, and the requirement of notice of such meeting shall be deemed waived as to those commissioners attending such meeting. Special meetings must be preceded by a minimum of 24 hours notice to the public of the time, place, and subject matter of such special meeting. (e) The board of commissioners shall establish by ordinance procedures for the convening of emergency meetings. (f) Three members of the board of commissioners shall constitute a quorum for the transaction of business. No official act which is to have the force and effect of law shall be valid or binding unless adopted by the affirmative vote of at least three members of the board of commissioners. (g) To meet a public emergency threatening life, health, property, or public safety the board of commissioners may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or fewer. An emergency ordinance shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment, but the affirmative vote of four of the five members of the board of commissioners shall be required for adoption. An emergency ordinance shall stand repealed on the sixteenth day following the date of its adoption; provided that, if the emergency still exists, it may be reenacted as provided in this subsection. An emergency ordinance may be repealed by adoption of a repealing ordinance in the same manner specified for the adoption of an emergency ordinance. CHAPTER 3Ethics and Prohibited Practices SECTION 2-3-1 . Conflicts of interest; holding other offices. (a) Conflict of interest . No elected official, appointed officer, or employee of the consolidated government or of any agency or political entity to which this charter applies shall knowingly:

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(1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his 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 the commissioner's 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 interests of himself or herself or others; (4) Accept any valuable gift, whether in the form of a 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; (5) Represent other private interests in any action or proceeding against the consolidated government or any portion thereof; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Disclosure . Any elected official, appointed officer, or employee of the consolidated government who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the consolidated government shall disclose such private interest to the board of commissioners. Any commissioner who has a private interest in any matter pending before the board of commissioners shall disclose such private interest and such disclosure shall be entered on the records of the board of commissioners, and the commissioner 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 any department of the consolidated government shall disclose such private interest to the governing body of the agency or entity. (c) Use of public property . No elected official, appointed officer, or employee of the consolidated government or of any agency or entity to which this

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charter applies shall use property owned by such governmental body for personal benefit, convenience, or profit except in accordance with policies promulgated by the board of commissioners or the governing body of such agency or entity. (d) Contracts voidable and 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 board of commissioners. (e) Ineligibility of elected official . Except where authorized by law, no commissioner shall hold any other elected or compensated appointed office in the consolidated government or otherwise be employed by the consolidated government or any agency thereof during the term for which he or she is elected. No former commissioner shall hold any compensated appointed office in the consolidated government for two years after the expiration of the term for which he or she was elected. (f) Political activities of certain officers and employees . No appointed officer and no employee of the consolidated government shall continue in such capacity upon qualifying as a candidate for nomination or election to any public office in Hawkinsville-Pulaski County, Georgia. (g) Penalties for violations . (1) Any officer or employee of the consolidated government who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the consolidated government who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in the consolidated government. SECTION 2-3-2 . Prohibitions. No member of the board of commissioners shall hold any other federal, state, or local elected or appointed office during that person's term of office as a commissioner. Nothing in this section shall be construed to prohibit any member of the board of commissioners from representing Hawkinsville-Pulaski County on any special commission, regional entity, or other intergovernmental agency. SECTION 2-3-3 . Removal of chairman. (a) The chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be removed from the office of chairman, but not

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from membership on such board, for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a felony; (3) Knowingly violating any other express prohibition of this charter; (4) Abandonment of office or neglect to perform duties of the office; or (5) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of the chairman pursuant to this section shall be accomplished by the vote of four commissioners after an investigative hearing. The chairman 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. ARTICLE III ADMINISTRATOR SECTION 3-1-1 . Appointment; qualifications; compensation. (a) The board of commissioners by a majority vote of its total membership shall appoint an administrator for an indefinite term. The administrator shall serve at the pleasure of the board of commissioners. (b) Except as specifically provided in this charter, the board of commissioners shall by ordinance establish the administrator's qualifications, powers, duties, and compensation. (c) No person holding an elected office in Hawkinsville-Pulaski County, Georgia, shall be eligible for appointment to the office of administrator for two years after leaving elected office. ARTICLE IV ADMINISTRATION CHAPTER 1Officers SECTION 4-1-1 . Sheriff; law enforcement. (a) The sheriff of Pulaski County in office on the effective date of this charter shall be the sheriff of Hawkinsville-Pulaski County, Georgia. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for

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the sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer of Hawkinsville-Pulaski County, Georgia. In addition, the sheriff shall be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties as are required of sheriffs by the Constitution and laws of Georgia. (b) The police department of the City of Hawkinsville shall be abolished on the effective date of the consolidation of the City of Hawkinsville and Pulaski County. SECTION 4-1-2 . Judge of the probate court; clerk of superior court; tax commissioner; coroner; magistrate; surveyor. The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor of Pulaski County shall after consolidation be the judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor of Hawkinsville-Pulaski County, Georgia. These officers shall serve for the same terms as provided by law, and their compensation shall be fixed as provided by law. Subsequent elections for these officers shall be on the same basis as provided by law for the election of such officers generally. The judge of the probate court, the clerk of the superior court, the tax commissioner, the coroner, the magistrate, and the surveyor shall perform the same duties and exercise the same powers as conferred on such officers generally by the Constitution and laws of Georgia. SECTION 4-1-3 . Attorney. The attorney for Hawkinsville-Pulaski County, Georgia, shall be appointed and removed by the chairman upon a vote of a majority of the members of the board of commissioners. The attorney shall act as the chief legal adviser to the board of commissioners, the administrator, and all departments and agencies of Hawkinsville-Pulaski County, Georgia, and shall represent such government in all legal proceedings and perform such other duties prescribed by general law, by this charter, or by ordinance or resolution of the board of commissioners. The board of commissioners shall set the qualifications and compensation of the attorney and any other matters relative to the selection of the attorney. CHAPTER 2Personnel SECTION 4-2-1 . Existing pension rights protected. Persons who, at the time this charter takes effect, are employed by any office, department, board, commission, or agency of the former City of

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Hawkinsville or of the former Pulaski County shall retain all pension rights which have accrued to them under any existing pension system. Hawkinsville-Pulaski County, Georgia, shall continue in force and effect any existing pension system for city employees and any existing pension system for county employees covered thereby who are employed by Hawkinsville-Pulaski County, Georgia, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. SECTION 4-2-2 . Establishment of new pension systems. The board of commissioners is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Hawkinsville, Pulaski County, or of any agency of such former governments. SECTION 4-2-3 . Establishment of personnel system. The board of commissioners shall establish a personnel system for all employees under the control of the consolidated government. The system shall be consistent with all state and federal laws. CHAPTER 3Boards, Commissions, and Authorities SECTION 4-3-1 . Certain boards, commissions, and authorities continued. All existing boards, commissions, and authorities of either the City of Hawkinsville, Pulaski County, or both are continued without interruption on the effective date of this charter. SECTION 4-3-2 . Boards, commissions, and authorities; appointments thereto. Whenever general or local law provides for appointments to boards, commissions, or authorities from both the city and the county, all appointments shall be made by the Hawkinsville-Pulaski County, Georgia, board of commissioners and all appointees shall come from Hawkinsville-Pulaski County, Georgia.

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ARTICLE V JUDICIARY SECTION 5-1-1 . Superior court and district attorney; probate court; magistrate court; unaffected by charter; redesignation. (a) The Superior Court of Pulaski County, including the office of the district attorney; the Probate Court of Pulaski County; and the Magistrate Court of Pulaski County shall continue their operations without interruption resulting from the adoption of this charter, and nothing herein shall be construed as affecting the status of such courts. The courts shall be known as the Superior Court of Hawkinsville-Pulaski County, the Probate Court of Hawkinsville-Pulaski County, and the Magistrate Court of Hawkinsville-Pulaski County. (b) On the effective date of this charter, the Municipal Court of Hawkinsville shall stand abolished. Any pending cases shall be transferred to the Probate Court of Hawkinsville-Pulaski County, the Magistrate Court of Hawkinsville-Pulaski County, or the Superior Court of Hawkinsville-Pulaski County, whichever has appropriate jurisdiction of the case. ARTICLE VI ELECTIONS CHAPTER 1Conduct of Elections SECTION 6-1-1 . Applicability of general laws. Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code. As used in such Code, the terms election or general election shall be construed to include the term regular election as provided in Section 6-1-2 of this charter; the term governing authority shall include the chairman and the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; the terms municipal, municipality, or county shall include Hawkinsville-Pulaski County, Georgia; and the term public office shall include the elected offices of Hawkinsville-Pulaski County, Georgia. SECTION 6-1-2 . Regular elections; voting. The first members of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be elected at a special election which shall be

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conducted at the time of the general election on the Tuesday next following the first Monday in November, 2000. The members of the board of commissioners elected thereto in Districts 1 through 5 shall take office the first day of January immediately following such election and shall serve for initial terms of office which shall expire on December 31, 2004, and upon the election and qualification of their respective successors. Those and all future successors to members of the board of commissioners 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 such election, and shall serve for terms of office of four years each. Members of the board of commissioners shall serve for the terms of office as specified in this subsection and until their respective successors are elected and qualified. CHAPTER 2Election Districts SECTION 6-2-1 . Number of districts; boundaries. (a) For purposes of electing members of the board of commissioners, the territory of Hawkinsville-Pulaski County, Georgia, is divided into five commissioner districts. One member of the board of commissioners shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as Operator: local Client: pulaski Plan: pulaskip4. (b) When used in such attachment, the terms Tract, Block, and Block Group shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. Any part of the territory of Hawkinsville-Pulaski County, Georgia, which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. Any part of the territory of Hawkinsville-Pulaski County, Georgia, 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 otherwise 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.

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ARTICLE VII REVENUE AND FINANCE CHAPTER 1Taxation and Other Revenues SECTION 7-1-1 . Levy and collection of taxes, fees, charges, and assessments; appropriations. (a) For the purpose of raising revenue for the support and maintenance of the consolidated government of Hawkinsville-Pulaski County, Georgia, the board of commissioners shall have full power and authority to levy and collect taxes and fees, to appropriate funds, and to expend money. (b) The board of commissioners shall have full power and authority to levy and collect all taxes, charges, and assessments which counties and municipalities are authorized to levy and collect, to the full extent permitted by the Constitution and laws of Georgia, whether local or general, including any tax hereafter authorized by state law. SECTION 7-1-2 . Services districts; taxation therein. (a) Hawkinsville-Pulaski County, Georgia, shall initially be comprised of two services districts, wherein taxes and fees shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by such government within such services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. One of such districts shall be known as the general services district, and one of such districts shall be known as the urban services district. Except as otherwise provided by this charter, urban and special services districts shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the board of commissioners under such general rules, procedures, regulations, requirements, and specifications as established by the board of commissioners; provided, however, that no new urban or special services district shall be created or existing such districts expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard at a public hearing. Notice of the proposed expansion, abolition, merger, consolidation, or reduction of a services district and of the required public hearing shall be published once a week for two consecutive weeks in the official newspaper of Hawkinsville-Pulaski County, Georgia. (b) (1) The general services district shall consist of the total area of Pulaski County. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within the general services district those governmental duties, functions, and services that are generally

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available and accessible to all residents throughout the total area of such district. (2) The general services district shall constitute a general services tax district within which the board of commissioners shall levy and collect taxes and fees and shall appropriate funds and expend money from such taxes and fees to perform and discharge those powers, functions, and services provided in such district. (c) (1) In addition to the general services district, the board of commissioners shall establish at least one urban services district that shall consist of the area of the former City of Hawkinsville, together with any enlargement or modification thereof pursuant to the provisions of this charter. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within the urban services district those additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services that benefit primarily the residents of such district. (2) The urban services district shall constitute an urban services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate funds and expend money from such taxes and fees to perform and discharge those additional powers, functions, and services provided in such district. (d) (1) The board of commissioners may also establish special services districts within which additional or higher levels of services are provided just as cities and counties are so authorized by Article IX, Section II, Paragraph VI of the Constitution. The consolidated government of Hawkinsville-Pulaski County, Georgia, shall perform within its special services districts such additional, more comprehensive and intensive, and higher levels of governmental duties, functions, and services that benefit primarily the residents of such district. (2) Any special services district created by the board of commissioners shall constitute a special services tax district within which the board of commissioners may levy and collect additional taxes and fees and may appropriate funds and expend money from such taxes and fees to perform and discharge those additional powers, functions, and services provided in such district. (e) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of Hawkinsville-Pulaski County, Georgia; provided, however, that the rate and manner of additional taxation in services districts may vary in any services district from that in another or other services districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services district or districts.

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CHAPTER 2Borrowing and Indebtedness SECTION 7-2-1 . Allocation of indebtedness. (a) All general indebtedness of Pulaski County, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter shall be allocated to the general services district as defined in this charter and is hereby recognized as the obligation of the general services district of Hawkinsville-Pulaski County, Georgia. (b) All general indebtedness of the City of Hawkinsville, whether represented by general obligation bonds or otherwise, which may be outstanding upon the effective date of this charter shall be allocated to the urban services district as defined in this charter and is hereby recognized as the obligation of the urban services district of Hawkinsville-Pulaski County, Georgia. (c) The annual tax levy ordinances for the general services district and the urban services district shall provide, in addition to all other taxes assessed, a tax levy sufficient to pay the principal and interest charges on all outstanding general obligation bonds due or to be paid in the ensuing fiscal year. CHAPTER 3Financial Administration SECTION 7-3-1 . Fiscal year; budget; audit. (a) The fiscal year of Hawkinsville-Pulaski County, Georgia, shall run from July 1 to June 30. (b) The board of commissioners shall adopt an annual budget and provide for an annual audit as set forth in Chapter 81 of Title 36 of the Official Code of Georgia Annotated. (c) The administrator, with input from all department heads, constitutional officers, and other appointed officials of the consolidated government, shall prepare and present the annual budget of Hawkinsville-Pulaski County, Georgia, to the board of commissioners. The commissioners shall have full power and authority to adopt, reject, or amend the proposed budget. SECTION 7-3-2 . Lapse of appropriations. All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated

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surplus or reserves of the fund or funds from which such appropriations were made. ARTICLE VIII GENERAL PROVISIONS SECTION 8-1-1 . Application of laws; laws in force. (a) The general laws of the State of Georgia and those general laws of local application through classification by population shall be applicable to and within the limits of Hawkinsville-Pulaski County, Georgia. (b) Local Acts of the State of Georgia which apply specifically to either Pulaski County, the City of Hawkinsville, or both shall be applicable to Hawkinsville-Pulaski County, Georgia. (c) In construing the applicability of the provisions of the Constitution and the general laws of Georgia that apply in general terms to counties, municipalities, or both and local Acts of the General Assembly of Georgia that apply specifically to Pulaski County, the City of Hawkinsville, or both, the following shall apply: (1) County shall be construed to include Hawkinsville-Pulaski County, Georgia; (2) City, town, municipal corporation, or municipality shall be construed to include Hawkinsville-Pulaski County, Georgia; (3) Commissioners of Roads and Revenues, Board of County Commissioners, County Commissioner, and Commissioner shall be construed to include the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; (4) Council, Mayor and Council, Aldermen, Board of Aldermen, and City Commission shall be construed to include the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; (5) Chairman of the Commissioners of Roads and Revenues, Chairman of the Board of County Commissioners, and Commissioner shall be construed to include the chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; (6) Mayor shall be construed to include the chairman of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Pulaski County, the City of Hawkinsville, or both and the officers, employees, departments, and agencies thereof shall be construed to mean Hawkinsville-Pulaski County, Georgia, and its officers, employees, departments, and agencies.

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(d) In construing the applicability of laws in force to Hawkinsville-Pulaski County, Georgia, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly of Georgia (as distinguished from general laws of local application through classification by population) applicable to municipal corporations, counties, or both; (3) The general laws of local application through classification by population; (4) Special laws applicable to Pulaski County that are not in conflict with this charter; (5) Special laws applicable to the City of Hawkinsville that are not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and (7) Existing ordinances and resolutions of the former City of Hawkinsville and existing ordinances and resolutions of the former County of Pulaski that are not in conflict with this charter. SECTION 8-1-2 . Federal and state aid. For the purpose of determining its right to receive and for the purpose of receiving state aid or grant-in-aid from the State of Georgia, from the United States or from any agency or instrumentality thereof, or from any other source, public or private, Hawkinsville-Pulaski County, Georgia, shall be deemed a county but shall also be deemed an incorporated municipality. When state aid or other grant-in-aid is distributed to any county or municipality on the basis of population, area, or both, then the entire population and the total area of Hawkinsville-Pulaski County, Georgia, and the population or the total area of the urban services district or districts, respectively, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant-in-aid is distributed to any county on the basis of rural area, rural road mileage, rural population, or any combination thereof, then that area of the general services district outside of the urban services district shall be deemed to constitute a rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population. SECTION 8-1-3 . Amending charter. This charter may be modified, rescinded, changed, or amended by the following methods:

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(1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. SECTION 8-1-4 . Examples of powers. The powers of Hawkinsville-Pulaski County, Georgia, shall include, but shall not be limited to, the following: (1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupational taxes and to license and regulate occupations and businesses. Such taxes may be based on any criteria or combination of criteria permitted by general law; (4) Appropriations: to make appropriations and expend funds for support of the consolidated government and any other lawful purpose; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the consolidated government on such terms as the donor may impose; (8) Condemnation: to condemn property inside the area of the consolidated government for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, projects, parks, cemeteries, recreational facilities, and other public improvements inside the area of the consolidated government;

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(13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like; (15) Police power: to exercise the police power for the safety and well-being of the citizens of the consolidated government; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions that pollute the air and water; (19) Fire safety: to fix fire limits and prescribe and enforce fire safety regulations; (20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the consolidated government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the consolidated government; (30) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (31) Contracts: to enter into lawful contracts and agreements; (32) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the consolidated government and to confer appropriate authority upon them;

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(33) Penalties: to provide penalties for violations of ordinances of the consolidated government; (34) Police and fire protection: to exercise the power of arrest through appointed police officers and to operate a fire department; (35) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (36) Urban redevelopment: to organize and operate an urban redevelopment program; and (37) 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, safety, and welfare of the citizens of the consolidated government. SECTION 8-1-5 . Effect of repeals. No law heretofore repealed, expressly or impliedly, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws. ARTICLE IX TRANSITION PROVISIONS SECTION 9-1-1 . Election of first officials. (a) The first Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall be elected at the general election held in November, 2000. (b) The election shall be held in accordance with the provisions of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code. After final approval of this charter, the superintendent of elections shall prepare a list of qualified voters for each of the five commissioner districts described in Section 6-2-1 of this charter. (c) The qualifications for office for such initial election shall be as prescribed by Section 2-1-3(b) of this charter. (d) Any elected official of Pulaski County or of the City of Hawkinsville who is otherwise qualified under this charter shall be entitled to qualify and run for an office of Hawkinsville-Pulaski County, Georgia. SECTION 9-1-2 . Initial terms of office. All commissioners shall be elected for four-year terms at the general election in November, 2000, and every four years thereafter.

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SECTION 9-1-3 . Provision of services during transition. In order to consolidate the two governments and to assure the common and continued administration of services currently provided by both the City of Hawkinsville and Pulaski County, on the effective date of consolidation all services currently provided by Pulaski County shall be provided through the general services district to all residents of the county, and all services provided by the City of Hawkinsville shall be provided through the urban services district to all residents of the city. Assuming the continued availability of state and federal funds, these services arrangements shall apply until modified by the board of commissioners. SECTION 9-1-4 . Existing employees. No person employed by either the City of Hawkinsville or Pulaski County shall be terminated solely as a result of the consolidation of the city and county. SECTION 9-1-5 . Effective date of charter. This charter shall become effective January 1, 2001, or upon the election of the board of commissioners and their taking office as the governing authority of the consolidated government, whichever occurs last. SECTION 9-1-6 . Initial budget. (a) In order for the consolidated government to have sufficient funds to operate until it adopts its fiscal year 2002 budget (July 1, 2001, to June 30, 2002), the board of commissioners shall at its organizational meeting in January, 2001, adopt a six-month budget that is equal to the amount of money contained in Pulaski County's calendar year 2000 budget (January 1, 2000, to December 31, 2000) for the months of January through June, 2000. This six-month budget shall be combined with the funds remaining in the fiscal year 2001 budget (July 1, 2000, to June 30, 2001) of the City of Hawkinsville to fund the operations of Hawkinsville-Pulaski County, Georgia, until June 30, 2001. (b) (1) The first 12 month budget of Hawkinsville-Pulaski County, Georgia, which will run from July 1, 2001, to June 30, 2002, shall be limited to a combined amount equal to the final 12 month budgets of the City of Hawkinsville (July 1, 2000, to June 30, 2001) and Pulaski County (January 1, 2000, to December 31, 2000). (2) This initial budget limitation shall not apply to any increases needed to satisfy any new unfunded state or federal mandates,

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expenses caused by the occurrence of a natural disaster, increases needed to fund any step raises due to employees of the consolidated government, or increases needed to keep up with inflation as specified by the United States Consumer Price Index. SECTION 9-1-7 . Number of employees. For the first 12 month period after the effective date of this charter, the total number of employees of the consolidated government shall not exceed the combined number of employees authorized for the City of Hawkinsville and Pulaski County immediately prior to the effective date of this charter, except as otherwise specifically mandated by law. SECTION 9-1-8 . Cooperation of former governments. (a) All officers, officials, and employees of the former City of Hawkinsville and Pulaski County shall cooperate with and assist the board of commissioners, the administrator, and other officers of Hawkinsville-Pulaski County, Georgia: (1) In planning the consolidation of departments, boards, commissions, and agencies of such former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of Hawkinsville-Pulaski County, Georgia; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of Hawkinsville-Pulaski County, Georgia, shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. (b) A schedule for activity during the transition period is contained in the schedule attached to and made a part of this charter. SECTION 9-1-9 . Existing ordinances and resolutions continued in effect. (a) Existing ordinances and resolutions of Pulaski County and existing rules and regulations of county departments or agencies, which are consistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Hawkinsville-Pulaski County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. However, if there is a conflict between existing ordinances and resolutions of Pulaski County and rules and regulations of county departments or agencies and existing

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ordinances and resolutions of the City of Hawkinsville and rules and regulations of city departments or agencies, those of Pulaski County shall only apply to the area of Hawkinsville-Pulaski County, Georgia, which lies outside the urban services district. (b) Existing ordinances and resolutions of the City of Hawkinsville and existing rules and regulations of city departments or agencies, which are consistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Hawkinsville-Pulaski County, Georgia, until they have been repealed, modified, or amended and shall apply only to the area included within the urban services district. (c) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to that territory of Hawkinsville-Pulaski County, Georgia, to which such ordinance or resolution applied prior to the effective date of this charter and until such ordinance or resolution is repealed, modified, or amended to eliminate such conflict. (d) Within 24 months of the effective date of the charter, the board of commissioners shall have reviewed all ordinances and resolutions and shall take whatever action is necessary to remove any conflicts between any of the ordinances or resolutions continued by this section in order to produce a uniform body of ordinances and resolutions that is free of any conflicts and contradictions between such provisions. SECTION 9-1-10 . Contracts and obligations. (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Pulaski County or the City of Hawkinsville or for the benefit of either the county or the city prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of Hawkinsville-Pulaski County, Georgia; provided, however, any obligation created by Pulaski County or the City of Hawkinsville that becomes effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, within six months following the effective date of this charter. (b) No pending action or proceeding of any nature (whether civil, criminal, judicial, administrative, or other) by or against the City of Hawkinsville or Pulaski County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and Hawkinsville-Pulaski County, Georgia, shall stand substituted as a party in lieu of the city or county or any agency or department thereof.

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SECTION 9-1-11 . Dissolution of existing governments. On January 1, 2001, the Office of Sole Commissioner of Pulaski County and the Board of Commissioners of the City of Hawkinsville and all the officers thereof and the offices thereof not continued under this charter are abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Pulaski County and the City of Hawkinsville shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the consolidated government of Hawkinsville-Pulaski County, Georgia. SECTION 9-1-12 . Transfer of records and equipment. When an agency of the City of Hawkinsville or of Pulaski County is abolished or consolidated by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of such agency shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred. SECTION 9-1-13 . Officers serve until successors qualify. Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Hawkinsville or Pulaski County shall continue to perform the duties thereof until a successor, whether under the same title or office of another, shall be elected or appointed and qualified to perform the duties, it being the intention hereof that no duty or service shall lapse or be abandoned because of lack of an officer to perform such duty or service. SECTION 9-1-14 . Transition plan and schedule. The following transition plan shall govern the implementation of this Act: Stage 1: Referenda on charter to initial election. Upon approval of the consolidation, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the consolidation of the two governments. The team's effort will involve collecting data, assembling facts, and presenting options to the officials of Hawkinsville-Pulaski County, Georgia, when such officials take office. The transition team shall not have any decision-making power and shall serve in an advisory function to the new government only until such time as the newly elected officials assume the responsibilities described below.

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The transition team shall consist of: the city manager; one appointee of the Board of Commissioners of the City of Hawkinsville who shall not be an elected official or employee of the City of Hawkinsville; two appointees of the commissioner of Pulaski County who shall not be elected officials or employees of Pulaski County; and three members of the Hawkinsville-Pulaski consolidation commission selected by such commission, one of whom shall serve as chairman of the transition team. Stage 2: Initial election to January 1, 2001. The newly elected government assumes limited powers to plan for the new government. During this period, the board of commissioners may exercise the following powers: (a) Begin preparation for the appointment of the administrator and attorney; (b) Hold meetings, establish committees, plan the establishment of boundaries of the general and urban services districts, and plan for and schedule the initial organization of Hawkinsville-Pulaski County, Georgia, in accordance with the applicable provisions of this charter. The board of commissioners shall be authorized to receive and expend appropriations from the Board of Commissioners of the City of Hawkinsville and the commissioner of Pulaski County for the purposes of performing its responsibilities as provided in this charter; (c) Begin preparation of the initial budget; and (d) Begin preparation of plans and schedules for the consolidation of the various departments and agencies of the City of Hawkinsville and Pulaski County. Stage 3: January 1, 2001, to June 30, 2001. The Board of Commissioners of Hawkinsville-Pulaski County, Georgia, takes office operating under the initial budget which is provided for in Section 9-1-6 of this charter. The budget for fiscal year 2002 is prepared. During this period, the government would begin combining operations. Stage 4: July 1, 2001, to June 30, 2002. The consolidated government begins operations under the first consolidated government budget. ARTICLE X REFERENDA ON THE CHARTER SECTION 10-1-1 . Referenda on the charter. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Hawkinsville shall call

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and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the City of Hawkinsville for approval or rejection, and the election superintendent of Pulaski County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Pulaski County for approval or rejection. The election superintendents shall conduct those elections on the third Tuesday in September, 1999, and shall issue the calls and conduct those elections as provided by general law. The superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Pulaski County. The ballot in each election shall have written or printed thereon the words: () YES () NO Shall the charter reorganizing and consolidating the governments of the City of Hawkinsville and Pulaski County and creating a single county-wide government to supersede and replace those governments be approved? (b) All persons desiring to vote for approval of the charter shall vote Yes, and those persons desiring to vote for rejection of the charter shall vote No. If more than one-half of the votes cast on such question by the qualified voters of the City of Hawkinsville are for approval of the charter and if more than one-half of the total number of votes cast on such question by the qualified voters of Pulaski County are for approval of the charter, then the charter shall become effective in the manner provided for in Section 10-1-2 of this Act. Otherwise, it 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 in Pulaski County shall be borne by Pulaski County, and the expense of such election in the City of Hawkinsville shall be borne by the City of Hawkinsville. (c) The special elections shall be conducted pursuant to Chapter 2 of Title 21 of the Official Code of Georgia Annotated, the Georgia Election Code. (d) A qualified voter, as used in this Act, shall mean a voter of Pulaski County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the elections on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Hawkinsville who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of

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Pulaski County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the consolidation of the governments of the City of Hawkinsville and Pulaski County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Hawkinsville and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Pulaski County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of Hawkinsville-Pulaski County, Georgia, for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and any copy so certified shall be deemed a duplicate original copy of the charter of Hawkinsville-Pulaski County, Georgia, for all purposes. SECTION 10-1-2 . Effective dates. (a) Section 10-1-1 and this section shall become effective upon their approval by the Governor or upon their becoming law without such approval. (b) Those provisions of this Act necessary for the election of members of the Board of Commissioners of Hawkinsville-Pulaski County, Georgia, shall become effective January 1, 2000. (c) The remaining provisions of this Act shall become effective on January 1, 2001, only under the conditions specified in Section 10-1-1. SECTION 10-1-3 . Repealer. All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: pulaski Plan: pulaskip4 District No. 1 PULASKI Tract: 9502. Block: 118A Block: That part of 118B which lies south of a creek branch which runs generally parallel to and lies south of Camden Way Street

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Block: 118C, 119, 120, 122, 141A, 141B, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 163A, 163B, 163C, 163D, 164, 165, 166, 167A, 167B, 167C, 168, 169, 170, 171, 172A, 172B, 201, 202, 203, 204, 205, 206, 207, 211, 212, 213, 214, 215, 301, 302, 303, 304, 307, 308, 314A, 314B, 315, 503, 508, 509A, 509B, 509C, 513, 531 District No. 2 PULASKI Tract: 9502. Block: 124, 125, 135, 136, 137, 138, 139, 140, 155, 156, 157, 158, 159, 160, 161, 504, 505, 506A, 506B, 507B, 510A, 510B, 511, 512, 514, 515, 516, 517, 518, 519, 523, 524, 525, 526, 527, 528, 529, 530A, 530B, 532, 533, 534, 535, 536, 537, 538, 539A, 539B, 539C, 539D, 539E, 539F, 539G, 539H, 540, 549A, 549B, 550A, 550B, 601, 602, 603, 604, 605, 606, 607, 608, 609, 610, 611, 612, 613, 614, 615, 616, 618, 619, 620A, 620B, 621, 622, 623, 624A, 624B, 625, 628A, 628B District No. 3 PULASKI Tract: 9502. Block: 208, 209, 210, 305, 306, 309, 310, 311, 312, 313, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414, 415, 416, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 441, 442, 639, 640, 641, 642, 643, 644, 645, 646, 647, 648, 652, 653, 654, 655, 656, 657 Tract: 9503. 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, 154, 155, 156, 157, 176, 177, 178, 194, 195, 196, 197, 201, 202, 240, 241, 242, 244, 265, 266 District No. 4 PULASKI Tract: 9501. Tract: 9502. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117 Block: That part of 118B which lies north of a creek branch which runs generally parallel to and lies south of Camden Way Street Block: 121, 123, 126, 127, 128, 129, 130, 131, 132, 133, 162 District No. 5

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PULASKI Tract: 9502. Block: 134, 409, 417, 418, 419, 432, 433, 434, 435, 436, 437, 438, 439, 440, 501, 502, 520, 521, 522, 541, 542, 543, 544, 545, 546, 547, 548, 617, 626A, 626B, 627A, 627B, 627C, 629A, 629B, 630, 631A, 631B, 632, 633, 634A, 634B, 635, 636, 637, 638A, 638B, 649, 650, 651 Tract: 9503. Block: 151, 152, 153, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 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, 243, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to provide for the consolidation of the existing governments of the City of Hawkinsville and Pulaski County; to provide for the creation of the consolidated government of Hawkinsville-Pulaski County, Georgia; to provide for the status, boundaries, and powers of the consolidated government; to provide for the form of, administration of, affairs of the consolidated government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with respect to the effectiveness of the foregoing; to provide for effective dates; and for other purposes. This 12th day of January, 1999. 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 Hawkinsville Dispatch and News which is the official organ of Pulaski County on the following date: January 20, 1999.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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 25th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, [UNK]Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 5, 1999. JACKSON COUNTY WATER AND SEWERAGE AUTHORITYPOWERS. No. 9 (House Bill No. 829). AN ACT To amend the Jackson County Water and Sewerage Authority Act, approved March 28, 1986 (Ga. L. 1986, p. 5473), so as to provide for certain specific powers of the Jackson County Water and Sewerage Authority; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

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SECTION 1 . The Jackson County Water and Sewerage Authority Act, approved March 28, 1986 (Ga. L. 1986, p. 5473), is amended by striking paragraph (5) of Section 4 and inserting in lieu thereof the following: (5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be constructed or acquired or which are constructed or acquired by any other persons, firms, or corporations; and any and all persons, firms, and corporations, the state, and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the above, authority is specifically granted to municipal corporations, counties, and other political subdivisions and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of services and facilities by the authority to such municipal corporations, counties, and political subdivisions for terms not exceeding 50 years; SECTION 2 . Said Act is further amended by inserting in Section 4 a new paragraph (6.1) to read as follows: (6.1) To operate, manage, administrate, or provide related services for projects constructed or acquired by other persons, firms, or corporations; SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Notice Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend to the Jackson County Water and Sewerage Authority Act, approved March 28, 1986 (Ga. L. 1986, p. 5473); and for other purposes. This 18th day of February, 1999. Donna S. Golden, Attorney for Jackson County Water and Sewerage Authority

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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: (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: February 24, 1999. (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. [UNK] 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/ SCOTT TOLBERT Representative, 25th District Sworn to and subscribed before me, this 26th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 23, 1999.

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CITY OF ROME RECREATIONAL FACILITIES AUTHORITYCREATION. No. 10 (House Bill No. 711). AN ACT To create the City of Rome Recreational Facilities Authority; to authorize the authority to acquire, construct, add to, extend, improve, equip, operate, and maintain a recreational center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, stadiums, club houses, gymnasiums, hiking trails, camping facilities, and related buildings and the usual and convenient facilities appertaining to such undertakings and acquiring the necessary property therefor, both real and personal; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their terms and compensation; to authorize the authority to contract with others pertaining to the use of the facilities of the authority and to execute leases and do all things deemed necessary or convenient for the operation of such undertakings or projects; to authorize the issuance of revenue bonds of the authority payable from the revenues, tolls, fees, charges, and earnings of the authority and to pay the costs of such undertakings or projects and authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds; to authorize the execution of resolutions and trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of the City of Rome shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds of the authority exempt from taxation; to provide for the authority to condemn property of every kind; to authorize the issuance of funding or refunding bonds; to fix the venue or jurisdiction of actions; to provide that bonds be validated; to provide for construction; 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 . Short title. This Act shall be known and may be cited as the City of Rome Recreational Facilities Authority Act. SECTION 2 . City of Rome Recreational Facilities Authority. (a) There is created a body corporate and politic to be known as the City of Rome Recreational Facilities Authority, which shall be deemed to be a

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political subdivision of the State of Georgia and a public corporation thereof 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 not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a separate body corporate and politic 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 consist of five members, all of whom shall be appointed by the City Commission of the City of Rome. The members of the authority so selected and appointed shall serve for a term of one year and until their respective successors shall have been selected and appointed. Any member of the authority may be selected and appointed to succeed himself or herself. The members of the authority may include persons who are members of the City Commission of the City of Rome; provided, however, that a majority of the members of the authority shall be persons who are not members of the city commission. Immediately after such appointments, the members of the authority shall enter upon their duties. Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed shall serve for the remainder of the unexpired term. The authority shall elect one of its members as chairperson and another as vice chairperson. The authority shall also elect a secretary, who does not necessarily have to be a member of the authority; and it may also elect a treasurer, who does not necessarily have to be a member of the authority. If the secretary or treasurer is not a member, he or she shall have no voting rights. Three members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. The members of the authority may be compensated as determined from time to time by the governing authority of the City of Rome; however, it is expressly provided that they shall be reimbursed for all actual expenses incurred in the performance of their duties. The authority shall make rules and regulations for its own government. It shall have perpetual existence. SECTION 3 . Definitions. (a) As used in this Act, the term: (1) Authority shall mean the City of Rome Recreational Facilities Authority created in Section 2 of this Act. (2) Cost of the project shall embrace the cost of construction; the cost of all lands, properties, rights, easements, and franchises acquired; the cost of all machinery and equipment; financing charges;

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interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal agents' expenses, and legal expenses and of plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; administrative expenses and such other expenses as may be necessary or incident to the financing authorized by this Act; and the cost of the acquisition or construction of any project, the placing of such project into operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include: (A) The acquisition, construction, equipping, maintenance, and operation of a recreation center and area or centers and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, lakes, golf courses, tennis courts, athletic fields and courts, club houses, gymnasiums, hiking trails, camping facilities and related buildings, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of the necessary property thereof, both real and personal; and the lease and sale of any part or all of such facilities, including real or 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 Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. (4) Revenue bonds and bonds mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and such type of obligations may be issued by the authority as authorized under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and, in addition, such term shall also mean obligations of the authority the issuance of which are specifically provided for in this Act. (5) Revenue Bond Law means Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, or any similar law hereinafter enacted. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties or facilities used, leased, and sold in connection therewith, will be sufficient to pay the cost of acquiring,

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operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. SECTION 4 . Powers. The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, which power of eminent domain is hereby granted, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes; to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of the same; or to dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under this Act except from 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 proceeding as may be just to the authority and to the owners off the property to be condemned. No property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless, at the time such property is so acquired, a sufficient sum of money is deposited in trust to pay and redeem the fair value of such lien or encumbrance. If the authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and on behalf of the state title to such lands to the authority upon payment to the state treasury for the credit of the general fund of the state of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia. If the authority shall deem it expedient to construct any project on any other lands, the title to which shall then be in the City of Rome, the city commission is authorized to convey title to such lands to the authority upon the receipt of reasonable consideration therefor as determined by the parties of such conveyance; (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;

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(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for the construction of projects and leases of projects or contracts with respect to the use of projects which the authority causes to be constructed or acquired; and any and all persons, firms, and corporations and the state and any and all political subdivisions, departments, institutions, or agencies of the state are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable. Without limiting the generality of the foregoing, 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. 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 interests 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, own, repair, add to, extend, improve, equip, operate, and maintain 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, 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 thereof may require; (8) To accept loans and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof 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;

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(10) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution or laws of this state; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. SECTION 5 . Revenue bonds. The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated; 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; and shall be payable in such medium of payment as to both principal and interest as may be determined by the authority. Such bonds may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. SECTION 6 . Same; form; denomination; registration; place of payment. The authority shall determine the form of the bonds and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or outside the state. The bonds may be issued in registered form or in book entry form through a securities depository, or both, as the authority may determine. SECTION 7 . Same; signatures; seal. In case any officer whose manual or facsimile signature shall appear on any bonds 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 executed by the manual or facsimile signature of the chairperson of the authority and the official seal of the authority shall be affixed thereto or a facsimile thereof shall appear thereon and the same shall be attested by the manual or facsimile signature of the secretary and treasurer of the authority. Any bond may be signed, sealed, and attested on

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behalf of the authority by the manual or facsimile signature of such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. SECTION 8 . Same; negotiability; exemption from taxation. All revenue bonds issued under the provisions of this Act shall have 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, their transfer, and the income therefrom shall be exempt from all taxation within the state. SECTION 9 . Same; sale; proceeds. The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, including, without limitation, private negotiated sale, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. SECTION 10 . Same; interim receipts and certificates or temporary bonds. Prior to the preparation of definitive bonds, the authority may, under like restrictions, issue interim receipts, interim certificates, or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. SECTION 11 . Same; replacement of lost or mutilated bonds. The authority may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. SECTION 12 . Same; conditions precedent to issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions, and things which are specified or required by this Act. 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

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at any regular, special, or adjourned meeting of the authority by a majority of its members. SECTION 13 . Credit not pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the City of Rome or a pledge of the faith and credit of said municipal corporation but such bonds shall be payable solely from the fund provided for in this Act. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the City of Rome to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. SECTION 14 . Trust indenture as security. In the discretion of the authority, any issue of such revenue bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within 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 authorized under the laws of this state to do business in this state to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the authority may deem reasonable and proper for the security of the bondholders. All expenses

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incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation, and repair of the project affected by such indenture. SECTION 15 . To whom proceeds of bonds shall be paid. The authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank, or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes of this Act, subject to such regulations as this Act and such resolutions or trust indentures may provide. SECTION 16 . Sinking fund. The revenues, fees, tolls, and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued unless otherwise pledged and allocated, may be pledged and allocated by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust instrument may provide. Such funds so pledged from whatever source received, which pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture into a sinking fund which shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as provided in this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture; but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or 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 cancelled and shall not again be issued. SECTION 17 . Remedies of bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust

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indenture, if any, except to the extent the rights given in this Act may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted under this Act or under such resolution or trust indenture and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. SECTION 18 . Refunding bonds. The authority is authorized to provide by resolution for the issuance of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same shall be governed by the provisions of this Act insofar as the same may be applicable. SECTION 19 . Validation. Bonds of the authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law. 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 of the security for the payment of any such bonds of the authority. The bonds when validated and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, and the state and any municipality, county, authority, political subdivision, or instrumentality if a party to the validation proceedings, contracting with the City of Rome Recreational Facilities Authority. SECTION 20 . 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

Page 3562

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 21 . 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 in the same manner as private corporations on any contractual obligation of the authority. SECTION 22 . 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 Floyd County, Georgia; and any action pertaining to the 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 23 . Interests of bondholders protected. While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of said authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds; and no other entity, department, agency, or authority will be created which will compete with the authority to such an extent as to affect adversely the interests and rights of the holders of such bonds, nor will the state itself so compete with the authority. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds and, upon the issuance of bonds under the provisions of this Act, shall constitute a contract with the holders of such bonds. SECTION 24 . Moneys received considered trust funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions,

Page 3563

or as revenues, income, fees, and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. SECTION 25 . Regulatory matters. In connection with the issuance of any revenue bonds pursuant to the authority of this Act, the authority is authorized to execute such documents, certificates, and agreements and to take such action as may be required by any regulatory or similar requirements that may be applicable to the authority or such revenue bonds, or both, to the extent not in conflict with any applicable provision of the Constitution of the State of Georgia or of general law. SECTION 26 . Rates, charges, and revenues; use. The authority is authorized to prescribe, fix, revise from time to time, and collect rates, fees, tolls, and charges for the services, facilities, and commodities furnished, including leases, concessions, or subleases of its land and facilities and to determine the price at which its lands or facilities may be sold and, in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as provided in this Act to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment, or extension of its land and facilities, 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 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 of this Act, including the basis on which recreational facilities shall be furnished. SECTION 28 . Powers declared supplemental and additional. The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby, shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing.

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SECTION 29 . Liberal construction of Act. This Act, being for the welfare of various political subdivisions of the state and its inhabitants, shall be liberally construed to effect the purposes hereof. SECTION 30 . Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 31 . Repealer. All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at all regular 1999 Session of the General Assembly of Georgia a bill to create the City of Rome Recreational Facilities Authority; to provide for duties and powers, to provide for the issuance of revenue bonds of the Authority; to repeal conflicting laws, and for other purposes. This 7th day of February, 1999 Honorable E. M. Childers Representative, 13th District Honorable Paul Smith Representative, 12th District Honorable Barbara Massey Reece Representative, 11th 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 [Illegible Text] [Illegible Text] on the following date: February 7, 1999.

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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. [UNK] 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/ PAUL SMITH Representative, 12th District Sworn to and subscribed before me, this 12th day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved March 11, 1999. CITY OF SNELLVILLEHOMESTEAD EXEMPTIONS; CITY TAXES; LOCAL CONSTITUTIONAL AMENDMENT REPEALED; REFERENDUM. No. 11 (House Bill No. 412). AN ACT To provide a homestead exemption from City of Snellville ad valorem taxes for city purposes, in the amount of $3,000.00 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 City of Snellville ad valorem

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taxes for city purposes, in the amount of $5,000.00 of the 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 procedure 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 Snellville, which was proposed by Resolution Act No. 154 (House Resolution No. 664-1958), Ga. L. 1974, p. 1726, and which was ratified at the 1974 general election under certain conditions; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . For purposes of this Act, the term: (1) Ad valorem taxes for city purposes means all ad valorem taxes for city purposes levied by, for, or on behalf of the City of Snellville, including, but not limited to, taxes for maintenance and city operations; 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 Snellville who is under 65 years of age is granted an exemption on that person's homestead from all City of Snellville 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 $3,000.00 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 Snellville 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 Snellville 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 $5,000.00 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

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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. (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 Snellville or the official designated by the governing authority of the city 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 Snellville 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 Gwinnett 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 the City of Snellville 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 establishing the amount of the homestead exemption from city ad valorem taxes for certain residents of the City of Snellville which was proposed by Resolution Act No. 154 (House Resolution No. 664-1958), Ga. L. 1974, p. 1726, and which was ratified at the 1974 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 Snellville 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 Snellville for approval or rejection. The election superintendent shall conduct that election on any date during 1999 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 Gwinnett 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 Snellville 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 $3,000.00 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 Snellville 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 $5,000.00 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

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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 Snellville. 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, 1999. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced in the regular 1999 Session of the General Assembly of Georgia, a bill to repeal Local Amendment to Article VII, Section 1, 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 Snellville which was proposed by Resolution Act Number 664-1958, Georgia laws 1974, Page 1726 and which was ratified at the November 5, 1974 General Election under certain conditions; and to provide a Homestead Exemption from City of Snellville Ad Valorem Taxes for City purposes in the amount of $3,000.00 of the assessed value of the homestead for certain residents of that city who are under sixty-five (65) years of age and to provide a Homestead Exemption from City of Snellville Ad Valorem Taxes for City purposes in the amount of $5,000.00 of the assessed value of that homestead for certain residents of the City who are sixty-five (65) years of age or over or totally disabled; and for other purposes. Jeff Williams, Representative, 83rd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Williams, who on oath deposes and says that he is the Representative from the 83rd 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 15, 1999. (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 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. [UNK] 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 WILLIAMS Representative, 83rd District Sworn to and subscribed before me, this 1st day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 15, 1999. JACKSON COUNTYBOARD OF COMMISSIONERS; MEMBERSHIP; ELECTIONS; DISTRICTS; COMPENSATION; COUNTY MANAGER; REFERENDUM. No. 12 (House Bill No. 190). AN ACT To amend an Act entitled An Act to create a board of county commissioners for the county of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, so as to provide that the board of commissioners of Jackson County shall be composed of a chairperson and four commissioners; to provide that the chairperson shall be elected from the county at large; to provide that the commissiones shall each reside in one of four districts; to provide for election of members at large; to provide

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alternatively for election of members from districts; to provide for terms of office; to provide for qualifications; to provide for commissioner districts; to provide for a county manager and the selection, compensation, powers, and duties thereof; to provide for a clerk; to provide for filling of vacancies; to provide for oaths of office and surety bonds; to provide for the compensation and expenses of the chairperson and members of the board; to provide for a vice chairperson; to provide for powers and duties of such officers; to provide for regular meetings, work sessions, and other meetings; to provide for the powers, duties, and authority of the chairperson and members of the board; to provide for formal bids for certain purchases; to provide for the appointment, removal, and compensation of employees and department heads; to provide for the preparation, submission, review, adoption, and amendment of budgets; to provide for expenditure of county funds; to provide for audits of county finances and financial records; to provide for other related matters; to amend an Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of compensation, and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), so as to change certain provisions relating to the compensation of the chairperson and other members of the board of commissioners; to provide for submission of this Act for approval by the United States Attorney General; to provide for related matters; to provide for a referendum at a special election; to provide for effective dates and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1A . An Act entitled An Act to create a board of county commissioners for the county of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following: SECTION 1. There shall be a Board of Commissioners of Jackson County to be elected and organized as provided for in this Act. The board of commissioners shall constitute the governing authority of Jackson 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 Jackson County, including the chairperson and all members. SECTION 2. (a) The Board of Commissioners of Jackson County shall consist of a chairperson and four district commissioners. The four district commissioners

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shall be residents of their respective commissioner districts described in subsection (b) of this section but shall be elected at large 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, Jackson County shall be divided into four commissioner districts. One member of the board shall be elected for each such district. Those districts shall consist of the described territory of Jackson County contained in the description attached to this Act and made a part hereof and further identified as: `Operator: local Client: jackson Plan: jack99p2.' (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 Jackson 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 Jackson 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 for a commissioner district, a person must be 21 years of age or older, must reside in that district, must have resided in Jackson 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 the entire county. At the time of qualifying for election as a member of the board for 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

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member of the board for 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 Jackson County for at least 12 months prior to election to such office, may reside anywhere within Jackson 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 Jackson County during that person's term of office or that office shall thereupon become vacant. SECTION 4. (a) At the general election held in November of 2000, the chairperson and commissioners for all commissioner districts shall be elected. The chairperson and commissioners for Commissioner Districts One and Two elected in 2000 shall take office on the first day of January in the year following their election and shall serve terms of four years and until their successors are duly elected and qualified. The commissioners for Commissioner Districts Three and Four elected in 2000 shall take office on the first day of January in the year following their election and shall serve initial terms of two years until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners for commissioner districts whose terms of office are to expire shall be elected at the general state-wide election immediately preceding the expiration of such terms, shall take office on the first day of January in the year following that election, and shall serve for terms of office of four years until their successors are duly 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 Jackson 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

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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 serve on a part-time basis and be paid a salary of $10,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in

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the performance of his or her duties which have been approved in advance, in writing, by the chairperson, upon presentation of a signed voucher setting forth the expenses incurred in such travel. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $15,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. The chairperson shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties. 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 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:

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(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 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 accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county;

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(9) To exercise all powers, duties, and authority in respect to zoning and planning; (10) To create and change the boundaries of special taxing districts authorized by law; (11) To fix the bonds of county officers where same are not fixed by statute; (12) To enact any ordinances or other legislation which the county may be given authority to enact; (13) To determine the priority of capital improvements; (14) To call elections for the voting of bonds; (15) Except as otherwise provided in this Act, to exercise all of the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; and (16) 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 S1,000.00. Advertisements for such bids shall be published for two consecutive weeks in the official organ of Jackson 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 employ a county manager having at least a bachelor's degree in public administration or a related field or at least five years' experience as a county manager or city manager. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority: (1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced;

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(2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager, pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance; (3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners; (4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote and to prepare an agenda of both new and unresolved business for each meeting; (6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient; (7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners; (8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended salaries; proposed capital expenditures; recommended tax levies; and such other information and data as may be considered necessary by the board of commissioners; (9) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (10) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (11) To serve as or designate a personnel director in the supervision and administration of the county's personnel system for county employees; (12) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county

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manager shall supervise and direct; provided, however, that the delegation or assignment of duties to subordinates shall not receive the county manager from responsibility for administration of county affairs; (13) To act as the clerk of the Board of Commissioners of Jackson County with the authority to delegate the administrative duties of such position; (14) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and (15) To cooperate with elected and appointed county officers in management of the county's affairs. SECTION 15 . The clerk of the board of commissioners 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 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) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Jackson 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

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budget for the county for the following fiscal year prior to the beginning of the new fiscal year to which it applies. (c) 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 Jackson 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. (d) 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 Jackson 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 Jackson 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 Jackson County a copy of each annual report furnished by said accountant to the board of commissioners.

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SECTION 1B . An Act entitled An Act to create a board of county commissioners for the county of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, is amended by striking Section 1 and all subsequent sections and inserting in lieu thereof the following: SECTION 1. There shall be a Board of Commissioners of Jackson County to be elected and organized as provided for in this Act. The board of commissioners shall constitute the governing authority of Jackson 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 Jackson County, including the chairperson and all members. SECTION 2. (a) The Board of Commissioners of Jackson 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 commissioner 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, Jackson 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 Jackson County contained in the description attached to this Act and made a part hereof and further identified as: `Operator: local Client: jackson Plan: jack99p2.' (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 Jackson 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 Jackson County which is described as provided by subsection (b) of this section as being included in a particular

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commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. 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 for a commissioner district, a person must be 21 years of age or older, must reside in that district, must have resided in Jackson 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 Jackson County for at least 12 months prior to election to such office, may reside anywhere within Jackson 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 Jackson County during that person's term of office or that office shall thereupon become vacant. SECTION 4. (a) At the general election held in November of 2000, the chairperson and commissioners from all commissioner districts shall be elected. The chairperson and commissioners from Commissioner Districts One and Two elected in 2000 shall take office on the first day of January in the year following their election and shall serve terms of four years and until their successors are duly elected and qualified. The commissioners from Commissioner Districts Three and Four elected in 2000 shall take office on the first day of January in the year following their election and shall serve initial terms of two years until their successors are duly elected and qualified. Those and all future successors to the chairperson and commissioners from commissioner districts whose terms of office are to expire shall be elected at the general state-wide election immediately preceding the expiration of such terms, shall take office on the first day of January in the year following that election, and shall serve for terms

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of office of four years until their successors are duly 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 Jackson 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.

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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 serve on a part-time basis and be paid a salary of $10,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. Each such commissioner shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties which have been approved in advance, in writing, by the chairperson, upon presentation of a signed voucher setting forth the expenses incurred in such travel. (b) The chairperson shall serve in such capacity on a part-time basis and shall be paid a salary of $15,000.00 per annum. Such compensation shall be paid in equal monthly installments from the funds of Jackson County. The chairperson shall also receive reimbursement for actual and necessary expenses incurred for travel in the performance of his or her duties. 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

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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. 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:

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(1) To levy taxes; (2) To make appropriations; (3) To fix rates and charges for services provided by the county; (4) To authorize the incurring of indebtedness; (5) To order work done where the cost is to be assessed against benefited property and to fix the basis for such assessment; (6) To authorize and provide for the execution of contracts; (7) To establish, alter, open, close, build, repair, or abolish public roads, bridges, and ferries, according to law; provided, however, that the chairperson shall have the authority to accept subdivision plats when the requirements established by the board of commissioners for subdivisions have been met; (8) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county; (9) To exercise all powers, duties, and authority in respect to zoning and planning; (10) To create and change the boundaries of special taxing districts authorized by law; (11) To fix the bonds of county officers where same are not fixed by statute; (12) To enact any ordinances or other legislation which the county may be given authority to enact; (13) To determine the priority of capital improvements; (14) To call elections for the voting of bonds; (15) Except as otherwise provided in this Act, to exercise all of the power and authority which may be delegated by law to the governing authority of the county, by whatever name designated; and (16) 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 Jackson 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.

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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 employ a county manager having at least a bachelor's degree in public administration or a related field or at least five years' experience as a county manager or city manager. The county manager shall serve at the pleasure of the board of commissioners, shall receive such salary as determined by the board of commissioners, shall not be an elected official of any county or municipality, and shall have the following duties, powers, and authority: (1) To supervise the administration of the affairs of the county and to see that the ordinances, resolutions, and regulations of the board of commissioners and the laws of the state are faithfully executed and enforced; (2) To employ and remove all department heads of the county under the jurisdiction of the board of commissioners and staff employees of the county manager, pursuant to policies established by the board, except for the county attorney, county auditor, and members of all the boards, commissions, and authorities who shall be appointed and removed by the board of commissioners pursuant to law or county ordinance; (3) To exercise managerial authority and supervision over the county manager's staff and all department heads under the jurisdiction of the board of commissioners; (4) To require reports from heads of departments and other employees entrusted with administrative duties or exercising discretion. The county manager shall have at all times the authority to examine all books and records of every officer and department of the county under the jurisdiction of the board of commissioners; (5) To attend all meetings of the board of commissioners with a right to take part in the discussions but having no vote and to prepare an agenda of both new and unresolved business for each meeting; (6) To recommend to the board of commissioners for adoption such measures as the county manager may deem necessary or expedient; (7) To supervise the performance of all contracts made by any person, company, or corporation with the county for work done for the board of commissioners;

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(8) To submit to the board of commissioners for approval, prior to July 31 of each year, a proposed operating budget for the next fiscal year showing budget revenues and expenditures during the preceding fiscal year; appropriations and estimated revenue and recommended expenditures for the next fiscal year; recommended salaries; proposed capital expenditures; recommended tax levies; and such other information and data as may be considered necessary by the board of commissioners; (9) To keep the board of commissioners fully advised as to the financial condition and needs of the county; (10) To make or cause to be made a full written report to the board of commissioners each month showing the operations and expenditures of each department of the county government for the preceding month; (11) To serve as or designate a personnel director in the supervision and administration of the county's personnel system for county employees; (12) To delegate purely administrative duties to department heads or subordinates in the county government whose work the county manager shall supervise and direct; provided, however, that the delegation or assignment of duties to subordinates shall not relieve the county manager from responsibility for administration of county affairs; (13) To act as the clerk of the Board of Commissioners of Jackson County with the authority to delegate the administrative duties of such position; (14) To perform such other duties as may be prescribed by this Act or as may, from time to time, be required by the board of commissioners; and (15) To cooperate with elected and appointed county officers in management of the county's affairs. SECTION 15. The clerk of the board of commissioners 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

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commissioners in an amount sufficient to defray the cost of preparing same. 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) At the time the proposed budget is submitted to the board, the county manager shall cause to be published in the official organ of Jackson 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. (c) 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 Jackson 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. (d) 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 Jackson 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

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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 Jackson 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 Jackson County a copy of each annual report furnished by said accountant to the board of commissioners. SECTION 2 . An Act creating the office of tax commissioner of Jackson County, placing the clerk of the superior court, the sheriff, the judge of the probate court, and the tax commissioner on a salary basis of compensation and providing for the compensation of the chairperson and members of the Board of Commissioners of Jackson County, approved March 21, 1968 (Ga. L. 1968, p. 2536), as amended, particularly by an Act approved March 27, 1985 (Ga. L. 1985, p. 4200), is amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows: SECTION 14. Reserved. SECTION 3 . It shall be the duty of the governing authority of Jackson County to require the attorney therefor to submit this Act, pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, to the United States Attorney General for approval. SECTION 4 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Jackson County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Jackson County for approval or rejection. The election superintendent shall conduct this election on the date provided by law for

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the conduct of special election in November, 1999. 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 Jackson County. The ballot shall have written or printed thereon the words: Question No. 1 () YES () NO Shall the governing authority of Jackson County be changed to a five-member board of commissioners to be composed of a chairperson and four additional district commissioners, with compensation for each and a county manager to be employed by the board of commissioners? Question No. 2 If a majority of votes cast on Question No. 1 are in favor of changing the governing authority of Jackson County to a five-member board of commissioners, select the type of board which you favor by placing a check ([UNK]) mark or (X) in the appropriate space below. Vote for only one of the options below: OPTION 1 A board of commissioners to be composed of a chairperson to be elected at large and four additional commissioners residing in specified commissioner districts but elected at large, whereby any qualified elector of the county may vote for 100 percent of the membership of the board of commissioners; or OPTION 2 A board of commissioners to be composed of a chairperson to be elected at large and four additional commissioners residing in specified commissioner districts and elected from such districts, whereby any qualified elector of the county may vote for 40 percent of the membership of the board of commissioners. No voter shall vote for more than one of the options in Question No. 2. All persons desiring to vote for approval of changing the governing authority of Jackson County to a five-member board of commissioners shall vote Yes on Question No. 1 and those persons desiring to vote against changing the governing authority of Jackson County to a five-member board of commissioners shall vote No on Question No. 1. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a five-member board of

Page 3592

commissioners, then either Section 1A or Section 1B and Section 2 of this Act shall become effective as provided in this section. If more than one-half of the votes cast on Question No. 1 are against changing the governing authority of Jackson County to a five-member board of commissioners or if the election is not conducted as provided in this section, then neither Section 1A nor Section 1B nor Section 2 of this Act shall become effective and this Act shall be automatically repealed on the first day of January following that election date. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a five-member board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 1 or if there is a tie vote between Option 1 and Option 2, then Section 1A of this Act shall become effective on January 1, 2000, for the sole purpose of conducting the elections required by said section and for all purposes on January 1, 2001, Section 2 of this Act shall become effective on January 1, 2001, and Section 1B of this Act shall be automatically repealed on January 1, 2000. If more than one-half of the votes cast on Question No. 1 are for approval of changing the governing authority of Jackson County to a five-member board of commissioners and more than one-half of the votes cast on Question No. 2 are cast in favor of Option 2, then Section 1B of this Act shall become effective on January 1, 2000, for the sole purpose of conducting the elections required by said section and for all purposes on January 1, 2001, Section 2 of this Act shall become effective on January 1, 2001, and Section 1A of this Act shall be automatically repealed on January 1, 2000. The expense of such election shall be borne by Jackson County. 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 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: jackson Plan: jack99p2 District No.1 JACKSON Tract: 0102. Block: 125, 133, 143, 145, 146, 147, 148, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177A, 177B, 186, 192, 193, 194, 195, 196, 197

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Tract: 0106. Block: 206, 207, 208A, 208B, 209, 210, 211, 212, 213, 214A, 214C, 214D, 214E, 214F, 214G, 214H, 214J, 214K, 214L, 214M, 214N, 214P, 214R, 214T, 215A, 215B, 216, 217, 218, 219, 220, 221A, 221B, 222, 223, 224, 263, 264, 265A, 265B, 303A, 304, 305A, 305B, 305C, 306A, 306B, 306C, 306D, 307, 308A, 309A, 309B, 312, 313, 357, 358 Tract: 0107. Block: 101, 102, 103, 104, 105A, 105B, 105C, 105D, 105E, 106, 107, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 109D, 109E, 109F, 110, 111A, 111B, 111C, 111D, 111E, 111F, 111G, 111H, 112, 113A, 113B, 113C, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126A, 126B, 126C, 127, 128A, 128B, 128C, 128D, 128E, 129A, 129B, 130A, 130B, 130C, 137A, 137B, 138A, 138B, 138C, 138D, 138E, 138F, 138G, 138H, 138J, 138K, 138L, 138M, 138N, 138P, 138R, 140, 142A, 142B, 143, 144A, 144B, 144C, 144D, 144E, 144F, 144G, 144H, 145A, 145B, 145C, 146, 147, 148A, 148B, 149, 150, 151, 152, 153, 154A, 154B, 155A, 155B, 155C, 156A, 156B, 156C, 156D, 156E, 156F, 156G, 157A, 157B, 157C, 157D, 158, 159, 160, 161A, 161B, 161C, 162A, 162B, 162C, 162D, 162E, 162F, 162G, 162H, 162J, 162K, 162L, 162M, 162N, 163, 164A, 164B, 165, 166A, 166B, 166C, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190A, 190B, 190C, 190D, 190E, 190F, 191, 192A, 192B, 192C, 192D, 192E, 192F, 192G, 192H, 192J, 193A, 193B, 194A, 194B, 195A, 195B, 195C, 196A, 196B, 196C, 196D, 196E, 196F, 197 Block Group: 2 Block Group: 3 Block: 401, 402, 403, 404A, 404B, 405A, 405B, 405C, 405D, 405E, 405F, 405G, 406A, 406B, 406C, 406D, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452 District No. 2 JACKSON Tract: 0102. Block: 101A, 101B, 101C, 101D, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112A, 112B, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 149A, 149B, 150, 151, 152, 153, 154, 155, 156, 157A, 157B, 158, 159, 160, 161, 162, 163 Tract: 0103. Tract: 0104. District No. 3 JACKSON Tract: 0101.

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Tract: 0102. Block: 126, 127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 178A, 178B, 178C, 178D, 179, 180, 181, 182, 183, 184, 185, 187, 188, 189A, 189B, 190A, 190B, 190C, 191 Tract: 0107. Block: 131A, 131B, 131C, 132, 133A, 133B, 133C, 133D, 133E, 134A, 134B, Block: 134C, 134D, 134E, 135A, 135B, 136, 139, 141, 420, 421, 422, 423, 434, 435, 436, 437 District No. 4 JACKSON Tract: 0105. Tract: 0106. Block: 201, 202, 203, 204, 205, 214B, 214U, 214V, 214W, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 301, 302, 303B, 303C, 303D, 303E, 303F, 303G, 308B, 310, 311, 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 Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to create a board of county commissioners for the County of Jackson, approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved August 17, 1903 (Ga. L. 1903, p. 339); and for other purposes. This 13 day of January, 1999. Rep. Scott Tolbert 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: (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 13, 1999.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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/ SCOTT TOLBERT Representative, 25th District Sworn to and subscribed before me, this 20th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 16, 1999. COBB COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 13 (House Bill No. 843). AN ACT To amend an Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, so as to change the provisions relating to the compensation of the commissioners and the chairperson; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3596

SECTION 1 . An Act creating the board of commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, is amended by striking subsection (a) of Section 8 of said Act and inserting in its place the following: (a) Commissioners, other than the chairperson, shall be paid as their entire compensation for services as same the sum of $25,000.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairperson shall receive as his or her entire compensation the sum of $50,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as provided otherwise in this section, the salary so fixed shall constitute the entire compensation from all sources to which said chairperson or any commissioner shall be entitled. The chairperson and the commissioners may be reimbursed for reasonable expenses incurred in carrying out their duties. Such expenses shall include the following: (1) Mileage reimbursement for the use of a personal automobile while conducting county business; (2) Secretarial services, if required, over and above the services normally provided by the county; and (3) Travel and lodging expenses and fees incurred in conjunction with training seminars, conventions, or official county business conducted outside of Cobb County. 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 WHEREAS: Cobb County is part of a fast-growing region that, over the last decade, has seen a substantial increase in population and demand for public services; and WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and WHEREAS: Members of the local delegation to the General Assembly

Page 3597

have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget year; and WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY 99 Budget. We further request that all the above salary increases be effected upon July 1, 1999 or upon the Governor's signature, which ever is earlier. This, the 23rd day of February 1999. s/ William J. Byrne CHAIRMAN s/William A. Cooper DISTRICT 1 s/Saul S. Olens DISTRICT 3 s/Joe L. Thompson DISTRICT 2 s/George W. Thompson, Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: District Commissioners (4) Commission Chairman Admin SpecialistTax Comm Executive SecretaryTax Comm Tax Commissioner Deputy Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Chief Deputy Clerk State Court State Court Clerk Investigator Solicitor Assistant Solicitor Chief Asst. Solicitor

Page 3598

Solicitor State Ct Div II Judges (3) State Court Judges (4) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk InvestigatorDA Chief InvestigatorDA District Attorney Assistant District Attorney Chief Assistant District Attorney Superior Court Judges (7) Senior JudgeSuperior Court NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess. p. 2075), as amended; and for other purposes. This the 8th day of January, 1999. Cobb County Delegation: By State Rep. Randy Sauder, Secretary GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Don Wix, who on oath deposes and says that he is the Representative 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: January 8, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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 3599

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 WIX Representative, 33rd District Sworn to and subscribed before me, this 17th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 19, 1999. RICHMOND COUNTY--BOARD OF TAX ASSESSORS; MEMBERSHIP; DISTRICTS; APPOINTMENT. No. 14 (House Bill No. 652). AN ACT To amend an Act creating the Board of Tax Assessors for Richmond County, approved April 17, 1973 (Ga. L. 1973, p. 2813), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3069), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4482), so as to change provisions relating to the membership of the board; to provide for districts from which members of the board shall be appointed; to provide for continued service of sitting members; to provide for other 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 Tax Assessors for Richmond County, approved April 17, 1973 (Ga. L. 1973, p. 2813), as amended by an Act approved March 22, 1974 (Ga. L. 1974, p. 3069), and an Act approved March 30, 1993 (Ga. L. 1993, p. 4482), is amended by striking Section 3 and inserting in its place a new Section 3 to read as follows:

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SECTION 3. (a) There is hereby created a County Board of Tax Assessors for Richmond County for the entire territorial area of the city and county, and said board shall have all the duties, powers, and authority given to the county tax assessors by general law in executing the purposes of this Act. Without limiting the generality of the foregoing, it shall be the duty of said board to fix the values of all property located within the city and the county for all city, state, county, school, or other tax purposes and to prepare the tax digest for the city and county. The power of said board, however, shall not extend to the assessing of any property which must be returned for taxation to the state revenue commissioner or Comptroller General. (b) Said board shall consist of eight members. Six members shall be appointed by the governing authority of the consolidated government of Augusta-Richmond County. Three members shall be appointed who reside in Commission-Council District 9, as described in an Act approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, and three members shall be appointed who reside in Commission-Council District 10, as described in an Act approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended. Two members shall be appointed by the legislative delegation consisting of each member of the General Assembly whose legislative district is wholly or partially within the boundaries of Richmond County. (c) The board members in office immediately prior to the effective date of this section shall serve out the remainder of the terms for which they were appointed. Thereafter, future appointments shall be made so as to bring the membership of the board into compliance with the provisions of subsection (b) of this section at the earliest practicable date. (d) All members of the board shall serve for terms of four years and until their successors take office, except that the governing authority may from time to time, at the time of making a new appointment, and the legislative delegation may from time to time, at the time of making a new appointment, adjust the term of the new appointee as necessary or appropriate to maintain a system of staggered four-year terms so as to ensure continuity on the board at all times. (e) In case of a vacancy on the board at any time, caused by death, resignation, removal, or otherwise, the vacancy shall be filled for the remainder of the unexpired term, and the appointment shall be made in the same manner as herein provided for the appointment of the members of the board. The members of the board may be removed by the appointing authority only for cause shown for the failure to perform the duties. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed.

Page 3601

NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a Bill to amend an Act creating a County Board of Tax Assessors of Richmond County, approved April 17, 1973 (1973 Ga. Laws, p. 2812, as amended by 1974 Ga. Laws, p. 3069 and 1993 Ga. Laws, p. 4482) so as to provide for the membership of said Board; to provide qualifications for the members of the Board; and for other purposes. This 12th day of January, 1999. JAMES B. WALL Attorney for Richmond County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robin Williams, who on oath deposes and says that he is the Representative from the 114th District and further deposes and savs 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 15, 1999. (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. [UNK] 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 3602

as required by Code Section 28-1-14.1. s/ ROBIN WILLIAMS Representative, 114th District Sworn to and subscribed before me, this 15th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 22, 1999. COBB COUNTYSTATE COURT; CLERK AND CHIEF DEPUTY CLERK; COMPENSATION. No. 20 (House Bill No. 860). 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 2, 1998 (Ga. L. 1998, p. 4177), 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 2, 1998 (Ga. L. 1998, p. 4177), is amended by striking paragraph (4) of subsection (b) of Section 17 which reads as follows: (4) The salary of the chief deputy clerk shall be $51,840.00 per annum beginning January 1, 1998, and $56,071.00 per annum beginning January 1, 1999, to be paid in equal monthly installments from funds of Cobb County., and inserting in lieu thereof a new paragraph (4) to read as follows: (4) The salary of the chief deputy clerk shall be $58,314.00 to be paid in equal monthly installments from funds of Cobb County. SECTION 2 . Said Act is further amended by striking from Section 23 the following:

Page 3603

The clerk of the State Court of Cobb County shall receive an annual salary of $64,474.00 beginning January 1, 1998, and $69,735.00 beginning January 1, 1999, 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 $72,524.00 payable in equal monthly installments from the funds of Cobb County. 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. RESOLUTION WHEREAS: Cobb County is part of a fast-growing region that, over the last decade, has seen a substantial increase in population and demand for public services; and WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and WHEREAS: Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget year; and WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY 99 Budget. We further request that all the above salary increases be effected upon July 1, 1999 or upon the Governor's signature, which ever is earlier. This, the 23rd day of February 1999.

Page 3604

s/ William J. Byrne CHAIRMAN s/William A. Cooper DISTRICT 1 s/Saul S. Olens DISTRICT 3 s/Joe L. Thompson DISTRICT 2 s/George W. Thompson, Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: District Commissioners (4) Commission Chairman Admin SpecialistTax Comm Executive SecretaryTax Comm Tax Commissioner Deputy Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Chief Deputy Clerk State Court State Court Clerk Investigator Solicitor Assistant Solicitor Chief Asst. Solicitor Solicitor State Ct Div II Judges (3) State Court Judges (4) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk InvestigatorDA Chief InvestigatorDA District Attorney Assistant District Attorney Chief Assistant District Attorney Superior Court Judges (7) Senior JudgeSuperior Court NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act entitled

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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 the 8th day of January, 1999. Cobb County Delegation: By State Rep. Randy Sauder, Secretary 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: January 8, 1999. (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. [UNK]_ 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 2nd day of March, 1999.

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s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved March 31, 1999. DOUGLAS COUNTYSTATE COURT; CREATION. No. 24 (House Bill No. 943). AN ACT To create the State Court of Douglas County; to specify the location of the court and provide for facilities therefor; to provide for jurisdiction, powers, practice, and procedure; to provide for terms of court; to specify business hours of the court; to specify costs and fees; to provide for transfer of certain matters to the court; to provide for institution of criminal cases; to provide for appeals; to provide for selection, number, and compensation of jurors; to provide for appointment, election, qualifications, and terms of office of a judge of the court; to provide for restrictions and discipline of such judge and powers and duties thereof; to provide for the appointment, election, qualifications, and terms of office of a solicitor-general of the court and the powers and duties thereof; to provide for a clerk and sheriff of the court and the duties thereof; to provide compensation for the judge, solicitor-general, and other officers and staff of the court; to provide for a judge pro hac vice and an official court stenographer; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Effective July 1, 2001, there is created the State Court of Douglas County which shall have the power, jurisdiction, and method of procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. and other general law. SECTION 2 . The State Court of Douglas County shall be located in the county site of Douglas County in facilities provided by the governing authority of Douglas County. SECTION 3 . The State Court of Douglas County shall have such rules of practice and procedure as provided by Chapter 7 of Title 15 of the O.C.G.A. or by rules promulgated by the Supreme Court of Georgia.

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SECTION 4 . The State Court of Douglas County shall have terms six months in duration beginning on the second Mondays of April and October of each year in the county site of Douglas County, and such terms shall remain open for the transaction of business until the next succeeding term. If the date fixed for the convening of any term is a legal holiday, then that term shall begin on the next day thereafter which is not a legal holiday. Said court shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon and for the transaction of civil business before the court. SECTION 5 . The clerk of the state court shall be required to keep his or her office open the same hours for business as the clerk of the superior court. SECTION 6 . The clerk of the state court shall be entitled to charge and collect the same fees as the clerk of the superior court is entitled to charge and collect for the same or similar services. All such fees shall be paid into the county treasury, except those sums which are directed by law to be paid otherwise. SECTION 7 . (a) Any case pending in the Superior Court of Douglas County on July 1, 2001, the type of which the State Court of Douglas County has concurrent jurisdiction pursuant to this Act may be transferred to the State Court of Douglas County by the judge of the superior court at his or her discretion and upon consent of counsel of all parties and shall thereafter stand for trial in said state court as though originally filed therein. (b) Any case pending in the Probate Court of Douglas County on July 1, 2001, the type of which the State Court of Douglas County has jurisdiction and of which the probate court is divested of jurisdiction pursuant to this Act shall be transferred immediately by the judge of the probate court to the State Court of Douglas County and shall thereafter stand for trial in said state court as though originally filed therein. SECTION 8 . All prosecutions in criminal cases instituted in the State Court of Douglas County shall be by written accusation, uniform traffic citation, or summons as provided for by Code Section 17-7-71 of the O.C.G.A. SECTION 9 . Any cases tried in the State Court of Douglas County shall be subject to review by the Court of Appeals or the Supreme Court of Georgia, whichever court has jurisdiction, in the same manner and under the same rules of appellate procedure as apply to cases in the superior court.

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SECTION 10 . (a) Traverse jurors shall be drawn, selected, chosen, and summoned for service in the State Court of Douglas County from the same jury list and from the same jury box and in the same manner as is done in the superior court. Jurors in said state court shall receive the same per diem compensation for service therein as in the Superior Court of Douglas County and shall be paid by Douglas County in the same manner and out of like funds as jurors are paid in the superior court. (b) The jury for the trial of all civil cases tried in the State Court of Douglas County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in civil cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A. (c) The jury for the trial of all criminal cases tried in the State Court of Douglas County shall be composed of the number of jurors set forth in Chapter 12 of Title 15 of the O.C.G.A. Peremptory strikes in criminal cases shall be exercised in the manner prescribed in Chapter 12 of Title 15 of the O.C.G.A. SECTION 11 . (a) There shall be a judge of the State Court of Douglas County who shall be elected by the qualified voters of Douglas County at the state-wide general election in November, 2002, and quadrennially thereafter, 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 a successor, as provided by Chapter 7 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first judge shall be appointed by the Governor for a term of office of 18 months beginning July 1, 2001, and until the election and qualification of a successor. (b) The judge of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Chapter 7 of Title 15 of the O.C.G.A. He or she shall be vested with all the power and authority of the judges of the state courts by Chapter 7 of Title 15 of the O.C.G.A. (c) The judge shall be a full-time judge and he or she shall be paid a salary equal to 85 percent of the base state paid salary now or hereafter paid to the judges of the Superior Court of Douglas County. Said salary shall be payable out of the funds of Douglas County at the same intervals as installments are paid to other county employees. SECTION 12 . (a) There shall be a solicitor-general of the State Court of Douglas County who shall be elected by the qualified voters of Douglas County at the state-wide general election in November, 2002, and quadrennially thereafter,

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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 a successor, as provided by Article 3 of Chapter 18 of Title 15 and by Title 21 of the O.C.G.A.; provided, however, that the first solicitor-general shall be appointed by the Governor for a term of office of 18 months beginning July 1, 2001, and until the election and qualification of a successor. (b) The solicitor-general of said court shall have such qualifications and shall be subject to such restrictions and discipline as provided in Article 3 of Chapter 18 of Title 15 of the O.C.G.A. He or she shall have all the duties and authority of the solicitors-general of state courts provided by Article 3 of Chapter 18 of Title 15 of the O.C.G.A. (c) The solicitor-general of said court shall be a full-time solicitor-general and shall be paid an annual salary equivalent to 75 percent of that of the judge of said state court. Said salary shall be payable out of the funds of Douglas County at the same intervals as installments are paid to other county employees. SECTION 13 . (a) The clerk of the Superior Court of Douglas County shall, by virtue of his or her office, be the clerk of the State Court of Douglas County, and the sheriff of said county shall likewise be the sheriff of said state court. The clerk shall provide all the necessary dockets, writs, minute books, printed forms, and the like as will be necessary for said court which shall be paid for by Douglas County in like manner as such items in the superior court. (b) The number and salaries of any necessary additional support staff for the clerk of the superior court and the sheriff of Douglas County required to serve the State Court of Douglas County shall be set by the Douglas County Board of Commissioners. SECTION 14 . The governing authority of Douglas County is authorized to supplement the salaries of the clerk of the superior court and the sheriff in an amount it deems appropriate for those officers' services to the State Court of Douglas County. SECTION 15 . In the event the judge of the State Court of Douglas County is unable to preside in the court or is disqualified for any reason, then the judge may appoint a judge pro hac vice to serve in his or her absence. Said judge pro hac vice shall meet the same qualifications as the judge of the State Court of Douglas County. SECTION 16 . The judge of the State Court of Douglas County may appoint an official stenographer for said court who shall report such cases as the court may

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require. He or she shall receive the same fees as allowed for similar services in the superior court which shall be taxed and enforced as in the superior court. SECTION 17 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval for purposes of appointment of a judge and a solicitor-general as provided herein; for all other purposes, this Act shall become effective on July 1, 2001. SECTION 18 . All laws and parts of laws in conflict with this Act are repealed. LOCAL LEGISLATION NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to create a State Court in Douglas County; to provide for related matters; to repeal conflicting laws; and for other purposes. This 4th day of March, 1999 s/ Bob Snelling Honorable 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: March 5, 1999. (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. [UNK] 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, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 1, 1999. COBB COUNTYSTATE COURT; ADDITIONAL JUDGE; DIVISION 1. No. 27 (House Bill No. 857). 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 provide for an additional judge of Division 1 of the State Court of Cobb County; to provide for the appointment of the initial judge; to provide for the election, powers, duties, jurisdiction, privileges, immunities, and compensation of said additional judge; to authorize the governing authority of Cobb County to provide facilities, office space, supplies, equipment, and personnel for said judge; 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 State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, is amended by adding a new paragraph at the end of Section 3 of said Act to read as follows:

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There shall be an additional judge of Division 1 of the State Court of Cobb County. Such additional judge shall be elected in the manner provided by law for the election of judges of the state courts of this state at the general election in November, 2000, for a term of four years beginning on the first day of January, 2001, and until his or her successor shall have been elected and qualified; provided, however, that the initial additional judge of Division 1 of the State Court of Cobb County shall be appointed by the Governor for a term expiring December 31, 2000, and upon the election and qualification of a successor. Future successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges, and immunities of the present judges of Division 1 the State Court of Cobb County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the additional judge shall be the same as that provided for other judges of Division 1 of the State Court of Cobb County. Upon request of the additional judge, the governing authority of Cobb County is authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are declared to be an expense of court and payable out of the county treasury as such. 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 Whereas, the State Court of Cobb County has experienced a 25% increase in overall case dispositions since 1994, and Whereas, this court last received an additional Division II judge in 1993. The last additional judge added to the Division I of this court was in 1983, and Whereas, the State Court of Cobb County completed 114,997 cases in 1998, making it the heaviest case load per judge of all metro-area state courts, Now Therefore, be it resolved that the Board of Commissioners hereby request the Cobb County Legislative Delegation create a new

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judgeship for the State Court of Cobb County to be effective upon the signature of the Governor of Georgia. So resolved, this 27th day of January, 1999. s/ Bill Byrne Bill Byrne, Chairman APPROVED PER MINUTES OF BOARD OF COMMISSIONERS January 26, 1999 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act entitled an Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters; and for other purposes. This the 8th day of January, 1999. Cobb County Delegation: By State Rep. Randy Sauder, Secretary GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rich Golick, 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: January 8, 1999. (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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[UNK] 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/ RICH GOLICK Representative, 30th District Sworn to and subscribed before me, this 24th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 1, 1999. CARROLL COUNTYPROBATE COURT; JUDGE; NONPARTISAN PRIMARIES AND ELECTIONS. No. 29 (House Bill No. 941). AN ACT To provide for the nomination and election of the probate judge of Carroll County in nonpartisan primaries and elections; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The probate judge of Carroll County who was serving in such office on February 1, 1999, and any person selected to fill a vacancy in such office shall continue to serve out such person's term of office and until the election and qualification of a successor. That successor and all future successors to such office shall be elected in a nonpartisan election with a prior nonpartisan primary immediately preceding the expiration of such terms, as provided for in Code Section 21-2-139 of the O.C.G.A., and shall serve for terms of office as provided in Code Section 15-9-1 of the O.C.G.A. Such nonpartisan primaries and nonpartisan elections shall be held and conducted as provided in Chapter 2 of Title 21, the Georgia Election Code.

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SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to provide for the nomination and election of the probate judge of Carroll County in nonpartisan primaries and elections; and for other purposes. This 1st day of march, 1999. s/ 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: March 4, 1999. (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. [UNK] 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/ TRACY STALLINGS Representative, 100th District Sworn to and subscribed before me, this 4th day of March, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 1, 1999. CITY OF CUMMINGMUNICIPAL COURT; CREATION; JUDGES; JURISDICTION; POWERS. No. 30 (House Bill No. 960). AN ACT To amend an Act creating a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, so as to create the Municipal Court of the City of Cumming in lieu of the Police Court of the City of Cumming; to provide for the judges of said court; to provide for the jurisdiction and powers of said court; to provide for other related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a new charter for the City of Cumming, approved March 28, 1935 (Ga. L. 1935, p. 1001), as amended, is amended by striking Section 21 in its entirety and inserting in lieu thereof the following: SECTION 21. Judicial branch. SECTION 21.1. Creation; name. There shall be a court to be known as the Municipal Court of the City of Cumming. SECTION 21.2. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or standby judges as shall be provided by ordinance.

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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 the city council. (d) Judges shall serve at will and may be removed from office at any time by the city council unless otherwise provided by ordinance. (e) Before assuming office, each judge shall take an oath, given by the mayor, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. SECTION 21.3. Convening. The municipal court shall be convened at regular intervals as provided by ordinance or at such other times as deemed necessary by the judge to keep current the dockets thereof. SECTION 21.4. Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all ordinances of the city, and such other violations as provided by law, including, but not limited to: (1) The abatement of nuisances; (2) The prosecution of traffic offenses as set forth in Title 40 of the O.C.G.A.; (3) The prosecution of offenses relating to marijuana possession as set forth in Code Section 36-32-6 of the O.C.G.A.; (4) The prosecution of offenses relating to operating a motor vehicle without effective insurance as set forth in Code Section 36-32-7 of the O.C.G.A.; (5) The prosecution of offenses relating to operating a motor vehicle without a certificate of emissions inspection as set forth in Code Section 36-32-8 of the O.C.G.A.; (6) The prosecution of offenses relating to shoplifting as set forth in Code Section 36-32-9 of the O.C.G.A.; (7) The prosecution of offenses relating to alcoholic beverages and persons under 21 years of age as set forth in Code Section 36-32-10 of the O.C.G.A.;

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(8) The same powers and authorities of magistrate judges in the matter of and pertaining to criminal cases of whatever nature as set forth in Code Sections 15-10-2 and 36-32-3 of the O.C.G.A.; and (9) Any additional power, authority, or jurisdiction granted to municipal courts pursuant to the general laws of the State of Georgia. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for 180 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs 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 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 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 order, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any

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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) If the chief judge is for any reason temporarily unable to perform the duties of the office, or if during a limited period of time the workload of the municipal court is such that a temporary additional judge is required, the chief judge may request a superior court judge, state court judge, magistrate, municipal court judge, or other qualified individual who is a member of the State Bar of Georgia to sit and hold court during the chief judge's absence. (j) The council is authorized to appoint a prosecutor for the purpose of prosecuting cases coming before the municipal court who shall serve at will and may be removed from office at any time by the council. Compensation of the prosecutor so appointed shall be fixed by the council. SECTION 21.5. 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 Forsyth County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 21.6. Rules for municipal court. With the approval of the council, the judge of the municipal court 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 council may adopt in part or in total the rules and regulations applicable to municipal courts. The rules and regulations made or adopted shall be filed with the city clerk and shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in proceedings before the municipal court at least 48 hours prior to said proceedings. 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 1999 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Cumming, approved March 20, 1935 (Ga. L. 1935, p. 1001), as amended; and for other purposes.

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This 3 day of March, 1999. 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 5, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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 EVANS Representative, 28th District Sworn to and subscribed before me, this 8th day of March, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 1, 1999.

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EFFINGHAM COUNTYSTATE COURT; JUDGE AND SOLICITOR-GENERAL; COMPENSATION. No. 33 (House Bill No. 726). AN ACT To amend an Act entitled An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3839) and an Act approved April 4, 1997 (Ga. L. 1997, p. 3549), so as to change the salaries of the judge and 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 entitled An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3839) and an Act approved April 4, 1997 (Ga. L. 1997, p. 3549), is amended by striking in Section 2A the following: $27,000.00, and inserting in lieu thereof the following: $30,000.00, so that when so amended Section 2A shall read as follows: SECTION 2A. The judge of said court shall receive a salary of $30,000.00 per year which shall be paid monthly by the treasurer of Effingham County; and it shall be the duty of the board of county commissioners of said county, or other proper officers, to make provision annually in levying taxes for this purpose. The judge shall receive no other compensation but may practice law in any court except his or her own. SECTION 2 . Said Act is further amended by striking in Section 4A the following: $18,000.00, and inserting in lieu thereof the following: $21,000.00, so that when so amended such section shall read as follows: SECTION 4A. The solicitor-general of said court shall receive a salary of $21,000.00 per annum which shall be payable in equal monthly installments from the

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funds of Effingham County; and it shall be the duty of the board of commissioners of said county to make provision annually in levying taxes for this purpose. In addition, he or she shall receive reimbursement for all expenses incurred by him or her in the prosecution before appellate courts of cases originating in the State Court of Effingham County. Said salary and expenses shall be in lieu of all fees allowed by law. Said solicitor-general shall receive no other compensation for his or her services and may practice law in any court with the exception of representing defendants in criminal cases in the State Court of Effingham County, Georgia. SECTION 3 . This Act shall become effective upon approval by the Governor or its becoming law without such approval or on April 1, 1999, whichever date is later. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA COUNTY OF EFFINGHAM I certify that the Effingham County Commissioners at their regular session held on February 1, 1999, voted to increase the salary of the Judge of State Court of Effingham County, Georgia, from $27,000 per year to $30,000 per year and to request the Honorable Ann R. Purcell, Representative for the 129th District, to introduce legislation in the 1999 session of the General Assembly of Georgia to this effect, and for the effective date of said increase of salary to be April 1, 1999. This 1st day of February, 1999. s/ Sandra Andrews Clerk, County Commissioners Effingham County, Georgia STATE OF GEORGIA COUNTY OF EFFINGHAM I certify that the Effingham County Commissioners at their regular session held on February 1, 1999, voted to increase the salary of the Solicitor General of State Court of Effingham County, Georgia, from $18,000 per year to $21,000 per year and to request the Honorable Ann R. Purcell, Representative for the 129th District, to introduce legislation in the 1999 session of the General Assembly of Georgia to this effect, and for the effective date of said increase of salary to be April 1, 1999. This First day of February, 1999.

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s/ Sandra Andrews Clerk, County Commissioners Effingham County, Georgia NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act creating the State Court of Effingham County, approved July 20, 1908 (Ga. L. 1908, p. 211), as amended, particularly by an Act approved April 4, 1997 (Ga. L. 1997, p. 3549) and an Act approved April 1, 1996 (Ga. L. 1996, p. 3839); 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 Effingham Herald which is the official organ of Effingham County on the following date: February 17, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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/ ANN R. PURCELL Representative, 147th District Sworn to and subscribed before me, this 18th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 1, 1999. COBB COUNTYSTATE COURT; SOLICITOR-GENERAL; VACANCIES; DUTIES; DEPUTY ASSISTANT; ASSISTANT SOLICITORS-GENERAL; COMPENSATION. No. 35 (House Bill No. 1002). 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 30, 1989 (Ga. L. 1989, p. 4224), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4549), so as to change the provisions relating to the filling of a vacancy in the office of solicitor; to provide for the performance of the duties of the solicitor upon his or her death or resignation until the solicitor's successor is appointed or elected and qualified; to provide for the appointment of an assistant solicitor to serve as deputy assistant solicitor; to change the provisions relating to the compensation of assistant solicitors; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4224), and an Act approved March 28, 1990 (Ga. L. 1990, p. 4549), is amended by striking in their entirety subsections (c) and (d) of Section 27 and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) Any vacancy which may occur in the office of solicitor of the State Court of Cobb County by death, resignation, or otherwise shall be filled by appointment by the Governor, in the manner provided by general law. Upon the death or resignation of the solicitor, the chief assistant solicitor

Page 3625

or, if there is no chief assistant solicitor, then the deputy assistant solicitor, or if there is no deputy assistant solicitor, then the assistant solicitor most senior in time of service shall perform the duties of the deceased or resigned solicitor in such solicitor's name until such solicitor's successor is appointed or elected and qualified. (d) The solicitor shall have the authority to appoint the same number of assistant solicitors as the number of judges of Division I and Division II of the State Court of Cobb County and the same number of additional assistant solicitors as the number of magistrates of the Magistrate Court of Cobb County, plus three additional assistant solicitors, one of whom shall be the chief assistant solicitor, one of whom may be the deputy assistant solicitor, and one of whom may serve as an intake attorney at the Cobb County Adult Detention Center. The compensation of such assistant solicitors shall be determined by the solicitor, except that said compensation of such assistant solicitors, except the chief assistant solicitor and the deputy assistant solicitor, shall not exceed $62,400.00, payable in equal monthly installments from the funds of Cobb County. The compensation of the deputy assistant solicitor shall not exceed $72,000.00, payable in equal monthly installments from the funds of Cobb County. The compensation of the chief assistant solicitor shall not exceed $75,000.00 and shall be paid in the same manner as all other assistant solicitors. The solicitor shall prescribe the duties and assignments of said assistant solicitors and, while so employed, they shall not engage in the private practice of law. 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 WHEREAS: Cobb County is part of a fast-growing region that, over the last decade, has seen a substantial increase in population and demand for public services; and WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and WHEREAS: Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget year; and

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WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY 99 Budget. We further request that all the above salary increases be effected upon July 1, 1999 or upon the Governor's signature, which ever is earlier. This, the 23rd day of February 1999. s/ William J. Byrne CHAIRMAN s/ William A. Cooper DISTRICT 1 s/ Joe L. Thompson DISTRICT 2 s/ Saul S. Olens DISTRICT 3 s/ George W. Thompson, Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: District Commissioners (4) Commission Chairman Admin SpecialistTax Comm Executive SecretaryTax Comm Tax Commissioner Deputy Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Chief Deputy Clerk State Court State Court Clerk Investigator Solicitor Assistant Solicitor Chief Asst. Solicitor Solicitor State Ct Div II Judges (3) State Court Judges (4) Senior Judge State Court

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Chief Deputy Clerk Superior Court Superior Court Clerk InvestigatorDA Chief InvestigatorDA District Attorney Assistant District Attorney Chief Assistant District Attorney Superior Court Judges (7) Senior JudgeSuperior Court NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act entitled an Act creating the Civil and Criminal Court of Cobb County (later known as the State Court of Cobb County), approved March 26, 1964 (Ga. L. 1964, p. 3211), as amended; to provide for related matters; and for other purposes. This the 8th day of January, 1999. Cobb County Delegation: By State Rep. Randy Sauder, Secretary 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: January 8, 1999. (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. [UNK] 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/ JOHN J. WILES Representative, 34th District Sworn to and subscribed before me, this 15th day of March, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 1, 1999. ATHENS-CLARKE COUNTYCORONER; COMPENSATION. No. 41 (House Bill No. 74). AN ACT To amend an Act providing for the compensation of the coroner of Clarke County, Georgia, approved March 21, 1970 (Ga. L. 1970, p. 2980), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4315), an Act approved March 25, 1986 (Ga. L. 1986, p. 4710), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3661), so as to change the provisions regarding 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 providing for the compensation of the coroner of Clarke County, Georgia, approved March 21, 1970 (Ga. L. 1970, p. 2980), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4315), an Act approved March 25, 1986 (Ga. L. 1986, p. 4710), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3661), is amended by striking subsection (a) of Section 1 of said Act in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) In lieu of all fees and other compensation provided by law, the coroner of Athens-Clarke County shall be compensated for his official duties by an annual salary of $12,000.00 and an annual expense

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allowance of $3,600.00, both payable in equal monthly installments from the funds of Athens-Clarke County. SECTION 2 . This Act shall become effective on January 1, 2000. 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 1999 session of the General Assembly of Georgia, local legislation to amend an Act providing for the compensation for the coroner of Athens-Clarke County, approved March 21, 1970 (Ga. L. 1970, p. 2980), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 4315), by an Act approved March 28, 1984 (Ga. L. 1984, p. 723), by an Act approved March 25, 1986 (Ga. L. 1986, p. 4710), and by an Act approved March 27, 1998 (Ga. L. 1998, p. 3661) so as to change the provisions thereof regarding compensation; to provide an effective date; and for other purposes. This 7th day of December, 1998. Ernie DePascale Attorney for Athens-Clarke County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louise McBee, who on oath deposes and says that she is the Representative from the 88th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Athens Observer which is the official organ of Clarke County on the following date: December 10, 1998. (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 3630

municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. [UNK] 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/ M. LOUISE MCBEE Representative, 88th District Sworn to and subscribed before me, this 11th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. RANDOLPH COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 43 (House Bill No. 184). AN ACT To amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, so as to change the compensation of the chairperson 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 creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778), as amended, is amended by striking Section 19 in its entirety and inserting in its place a new Section 19 to read as follows: SECTION 19. Monthly compensation for the chairperson of the board for duties connected with the office of chairperson of the board shall be $350.00

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effective July 1, 1999, and shall be $400.00 on and after January 1, 2000, and monthly compensation for other members of the board shall be $250.00 effective July 1, 1999, and shall be $300.00 on and after January 1, 2000; provided, however, that compensation shall not be paid to the chairperson or other member of the board for any month in which the chairperson or other member of the board failed to attend a regularly scheduled meeting of the board unless the board by majority vote determines that the absence should be excused for illness or other good cause. The compensation provided by this section shall be paid monthly from the funds of Randolph County on an order drawn by the board and signed by the chairperson and the clerk. The commissioners shall be subject to prosecution for malpractice in office in the same manner as magistrates and shall be exempt from road, jury, and militia duty. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. RESOLUTION January 12, 1999 STATE OF GEORGIA, COUNTY OF RANDOLPH BE IT RESOLVED by the Board of Commissioners of Randolph County, Georgia, in a meeting lawfully assembled as follows: WHEREAS, Georgia Laws 1992, Pages 5313-5314, provide for the compensation of the Randolph County Board of Commissioners as follows: Chairperson$300.00 per month Members of the Board $200.00 per month AND, WHEREAS, the Board of Commissioners are desirous of increasing said compensation, due to the ever increasing duties, expansion of county business, and increase in amount of time required to fulfill the duty of County Commissioners; NOW, THEREFORE, in consideration of these things, the Commissioners do hereby approve and adopt this resolution requesting that State Representative, Gerald Greene, introduce local legislation increasing the compensation for the Board of Commissioners of Randolph County to be hereafter: Chairperson $350.00 per month effective July 1, 1999 and increasing to $400.00 per month on and after January 1, 2000; Members of the Board $250.00 per month effective July 1, 1999 and increasing to $300.00 per month on and after January 1, 2000.

Page 3632

ADOPTED this 12th day of January, 1999. BOARD OF COMMISSIONERS OF RANDOLPH COUNTY, GEORGIA s/ R. W. Moore, Jr. R. W. MOORE, JR.Chairman s/ Sam Peavy, Jr. Commissioner s/ Henry Hogan, III Commissioner s/Martin Embry Commissioner s/David L. Jackson Commissioner CERTIFICATE GEORGIA, RANDOLPH COUNTY I, DEBBIE L. BONNER, Clerk of the Commissioners for the County of Randolph, do hereby certify that the foregoing resolution was duly adopted in an open and regularly scheduled meeting of the Board of Commissioners of Randolph County, Georgia, held on the 12th day of January, 1999. This the 12th day of January, 1999. s/Debbie L. Bonner DEBBIE L. BONNER Clerk of Randolph County Board of Commissioners NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. L. 1935, p. 778) as amended; and for other purposes. This 12th day of January, 1999. Billy Moore, Chairman Henry Hogan, III Sam Peavy, Jr. Martin Embry David L. Jackson 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:

Page 3633

(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: January 14, 1999. (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. [UNK] 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 21st day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. HOUSTON COUNTYSTATE COURT; TEMPORARY PRESIDING JUDGE; COMPENSATION. No. 45 (House Bill No. 253). AN ACT To amend an Act creating the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change the

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amount of compensation paid to an attorney presiding in place of the judge of the court; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, is amended by striking the amount $50.00 in Section 7 and inserting in its place the amount $250.00, so that when so amended Section 7 shall read as follows: SECTION 7. Upon taking office, the judge of said court shall appoint some competent and disinterested attorney at law who shall meet the qualifications of Section 4 hereof to preside in said court in the place of said judge when the judge of said court is unable to discharge the duties of his office due to providential cause or if he is for any cause disqualified or prevented from presiding in any cause in said court. Such attorney, when so appointed and when the appointment is entered upon the minutes of the court, and in any of such events, shall exercise all the functions and powers of the judge of said court. The compensation of such attorney for actual services as presiding judge shall be $250.00 per day to be paid from the same funds from which other officers of the court are paid. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. February 17, 1999 Honorable Larry Walker Representative, Dist. 141 415 State Capitol Atlanta, GA 30334 Re: HB 253-Compensation of Substitute Judges In the State Court of Houston County Dear Representative Walker: The Houston County Board of Commissioners in Regular session on February 16, 1999, passed appropriate motion requesting that effective date of your HB 253 be the same as the signature by the Governor. We wish for the $250.00 per day compensation to be implemented upon passage and not delayed until January 1, 2000. Sincerely, HOUSTON COUNTY COMMISSIONERS

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s/ Sherrill Stafford Chairman SS: mm Notice of Intention to Introduce Local Legislation Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Houston County, approved February 28, 1975 (Ga. L. 1975, p. 2584), as amended, so as to change the amount of compensation paid to an attorney presiding in place of the judge of the court; to provide for related matters; to repeal conflicting laws; and for other purposes. This 29th day of December, 1998. Representative Larry Walker 141st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who on oath deposes and says that he is the Representative from the 141st 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: January 6, 1999. (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. [UNK] 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/ LARRY WALKER Representative, 141st District Sworn to and subscribed before me, this 20th day of January, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. CITY OF BERKELEY LAKENEW CHARTER. No. 46 (House Bill No. 277). AN ACT To provide a new charter for the City of Berkeley Lake; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, 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 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 and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for effective dates; to repeal conflicting laws; and for other purposes.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10 . Name. 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 Berkeley Lake, Georgia, and by that name shall have perpetual succession. SECTION 1.11 . Corporate boundaries. (a) The boundaries of this city shall be those existing on the effective date of the adoption of this charter with such alterations as may be made from time to time in the manner provided by law. The boundaries of this city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the City Clerk and to be designated, as the case may be: Official Map (or Description) of the corporate limits of the City of Berkeley Lake, Georgia. Photographic, typed, or other copies of such map or description certified by the City Clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description. (b) The city council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12 . Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following: (1) Animal Regulations . To regulate and license or to prohibit the keeping or running at-large of animals and fowl, and to provide for

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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; (2) Appropriations and Expenditures . To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation . To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, and building trades; (4) Business regulation and taxation . To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation . To condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, utilizing procedures enumerated in Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (6) Contracts . To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations; (7) Emergencies . To establish procedures for determining and proclaiming that an emergency situation exists within or 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; (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

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regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (10) Garbage Fees . To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business 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 or likely to be detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (12) Gifts . To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (13) Health and sanitation . To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (14) Jail sentences . To provide that persons given jail sentences in the city's court may work out such sentences in any public works or on the streets, roads, drains and other public property in the city, to provide for commitment of such persons to any jail, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (15) Motor Vehicles . To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys and walkways of the city; (16) Municipal agencies and delegation of power . To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (17) Municipal Debts . To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (18) Municipal Property Ownership . To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee

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simple or lesser interest, inside or outside the property limits of the city; (19) Municipal property protection . To provide for the preservation and protection of property and equipment of the city, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (20) Municipal Utilities . To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, 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 insure a safe, healthy, and aesthetically pleasing community; (24) Police and fire protection . To exercise the power of arrest through duly appointed policemen, and to establish, operate, or contract for a police and a fire fighting agency; (25) Public hazards: removal . To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (26) Public improvements . To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, public housing, airports, hospitals, terminals, docks, parking facilities, or charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and to provide any other public improvements, inside or outside the corporate limits of the city; to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted; (27) Public peace . To provide for the prevention and punishment of drunkenness, riots, and public disturbances;

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(28) Public transportation . To organize and operate such public transportation systems as are deemed beneficial; (29) Public utilities and services . To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (30) Regulation of roadside areas . To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (31) Retirement . To provide and maintain a retirement plan for officers and employees of the city; (32) Roadways . To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands, and to impose penalties for failure to do so; (33) Security, welfare, convenience . To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city; (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

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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 the 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; and to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and no listing of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the constitution or applicable laws of the State of Georgia.

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SECTION 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10 . Mayor and city council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The city council established in this charter shall in all respects be a successor to and continuation of the 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 and city council members; terms and qualifications for office. The mayor and members of the city council shall serve for terms of two years and until their respective successors are elected and qualified. The term of office of the mayor and the term of office of each member of the city council shall begin on the first day of January immediately following the election of the mayor or councilmember. 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 therein during that member's period of service and to be registered and qualified to vote in municipal elections of this city. SECTION 2.12 . Vacancy; filling of vacancies. (a) Vacancies . The office of mayor or councilmember shall become vacant upon the occurrence of any event specified by the Constitution of the State of Georgia, Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Filling of vacancies . In the event that the office of mayor or councilmember shall become vacant, the city council or those remaining shall appoint a successor for the remainder of the term.

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(c) 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, mayor pro tempore, and councilmembers shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.14 . Conflicts of interest; holding other offices. (a) Elected and appointed officers of the city are trustees and servants of the residents of the city and shall act in a fiduciary capacity for the benefit of such residents. (b) Conflict of Interest . No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction, or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of that person's official duties or which would tend to impair the independence of the official's judgment or action in the performance of those official duties; (2) Engage in or accept private employment, or render services for private interests when such employment or service is incompatible with the proper discharge of that person's official duties or would tend to impair the independence of the official's judgment or action in the performance of those official duties; (3) Disclose confidential information, including information obtained at meetings which are closed pursuant to Chapter 14 of Title 50 of the O.C.G.A., concerning the property, government, or affairs of the governmental body by which the official is engaged without proper legal authorization; or use such information to advance the financial or other private interest of the official or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the official's knowledge is interested, directly or indirectly, in any manner whatsoever, in business dealings with the governmental body by which the official is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign;

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(5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which 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 councilmember who has a financial interest in any matter pending before the city council shall disclose such interest and such disclosure shall be entered on the records of the city council, and that official shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such interest to the governing body of such agency or entity. (d) Use of public property . No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (e) Contracts voidable and rescindable . Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (f) Ineligibility of elected official . Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which that official was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which that official was elected. (g) No elected official shall serve as an officer or on the board of a homeowners' association located within the city limits. (h) No member of an elected official's immediate family shall serve as an employee of the city. (i) Political activities of certain officers and employees . No city employee shall continue in that position upon election to any public office in this city or any other public office whose duties are inconsistent, incompatible or in conflict with the duties of said city employee. Such determination shall be made by the mayor and city council either immediately upon election or at any time such conflict may arise.

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(j) Penalties for violation . (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited that person's office or position. (2) Any officer or employee of the city who shall forfeit an office or position as described in paragraph (1) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15 . Inquiries and investigations. Following the adoption of an authorizing resolution, the city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof, and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. SECTION 2.16 . General power and authority of the city council. Except as otherwise provided by law or this charter, the city council shall be vested with all the powers of government of this city. SECTION 2.17 . Eminent domain. The city council is hereby empowered to acquire, construct, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the city, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18 . Oath of office The mayor and councilmembers-elect, before entering upon the discharge of their official duties, shall take and subscribe to the following oath before

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the retiring mayor or some person authorized to administer oaths in the following form, to wit: I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of the City of Berkeley Lake and that I will support and defend the charter thereof as well as the constitution and laws of the State of Georgia and of the United States of America. SECTION 2.19 . Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers 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 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 shall be appointed by the mayor and shall serve at the pleasure of the mayor. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21 . Quorum: voting. The mayor and four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. When the mayor pro tempore is presiding in the mayor's absence, the mayor pro tempore and three councilmembers shall constitute a quorum and the mayor pro tempore shall have no vote. Voting on the adoption of ordinances shall be

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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. The mayor shall have the power to veto any motion, resolution, ordinance or other question adopted by the council, but such veto may be overridden by vote of three-fifths of the entire council. 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 Berkeley Lake and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided in Section 2.24 of this charter. Upon introduction of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.23 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.24 . Emergencies. (a) To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists, and describing the emergency

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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 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

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regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Berkeley Lake, Georgia. Copies of the code shall be furnished to all officers, departments and agencies of the city, and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27 . Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for 12 months prior to the election. The mayor shall continue to reside in this city during the period of service. The mayor shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.28 . Mayor pro tempore. By a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. The mayor pro tempore shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. The mayor pro tempore shall not have a vote when presiding in the mayor's absence at meetings of the city council. SECTION 2.29 . Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council;

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(2) Be the head of the city for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the city and the chief advocate of policy; (3) With the advice and consent of the city council, appoint and remove all officers, department heads and employees of the city, except as otherwise provided in this charter; (4) Have the power to administer oaths and to take affidavits; (5) 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; (6) Prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (7) Fulfill such other executive and administrative duties as the city council shall by ordinance establish. (8) Recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as the mayor may deem expedient. (9) Call special meetings of the city council as provided for in subsection (b) of Section 2.19 of this charter; (10) Approve or disapprove ordinances as provided in Section 2.31 of this charter; (11) Require any department head or agency of the city 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 by ordinance. SECTION 2.30 . Limits on terms of service No mayor elected and qualified for two consecutive terms shall be eligible for the succeeding term. SECTION 2.31 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (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

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approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the clerk a written statement of reasons for the veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the city council at its next meeting. If the city council then or at its next meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to city council as though disapproved and shall not become law unless overridden by the council as provided in subsection (c) of this section. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the city council, by ordinance, shall prescribe the functions or duties, and establish, abolish, alter, consolidate or leave vacant all nonelective offices, positions of employment, departments, and agencies of the city, as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the direction and supervision of the mayor, be responsible for the administration and direction of the affairs and operations of that director's department or agency. (e) All appointive officers and directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. All appointive officers and directors shall be employees

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at will and subject to removal or suspension at any time by the mayor, with the approval of the city council, 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 mayor with the approval of the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this charter or by law. (f) No member of a board, commission or authority shall assume office until that person has executed and filed with the clerk of the city an oath obligating himself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at will and may be removed at any time by a vote of 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. At the first regular meeting of the city council in each year, the mayor, with the approval of the city council, shall appoint a city attorney, together with

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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. At the first regular meeting of the city council in each year, the mayor, with the approval of the city council, shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal and city records; maintain city council records required by this charter; and perform such other duties as may be required by the city council. Copies of all papers filed in the office of the city clerk and transcripts of the records of the city council and of the recorder's court certified by the clerk under the corporate seal of the City of Berkeley Lake shall be evidence in all courts as if the original was produced. SECTION 3.14 . City treasurer. At the first regular meeting of the city council in each year, the mayor, with the approval of the city council, shall appoint a city treasurer who shall not be a councilmember. The city treasurer may be the same person as the city clerk. The city treasurer shall be a practical bookkeeper, shall keep the city's financial records, shall be the official tax collector of the city, and perform such other duties as may be required by the city council. 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 city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay plan. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.16 . Personnel policies. 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 shall be a court to be known as the Municipal Court of the City of Berkeley Lake. SECTION 4.11 . Chief judge; associate judge. (a) The municipal court shall be presided over by a part-time or full-time chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. Terms of office shall be one year. (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 mayor with city council approval 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 or city attorney, that the judge will honestly and faithfully discharge the duties of the office to the best of that person's ability and without fear, favor or partiality. The oath shall be entered upon the minutes of the city council journal required in Section 2.20 of this charter. SECTION 4.12 . Convening. The municipal court shall be convened at such times as designated by ordinance or as deemed necessary to keep current the dockets thereof. SECTION 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail.

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(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 60 days or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now, or hereafter provided by law. (d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation, and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for that person's appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and the defendant's sureties with a rule nisi, at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments, and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city. SECTION 4.14 . Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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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 primaries and elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the Georgia 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. 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 . Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations it deems appropriate to

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fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the Georgia 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 causes provided in Title 45 of the O.C.G.A., or such other applicable laws as are or may hereafter be enacted. (b) Removal of 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 herein provided shall have the right of appeal from the decision of the city council to the Superior Court of Gwinnett 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 Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Berkeley Lake. ARTICLE VI FINANCE SECTION 6.10 . Property tax. The city council may assess, levy and collect an ad valorem tax on all real and personal property within the corporate limits of the city that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the city government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11 . Millage rate; due dates; payment methods. The city council, by ordinance, shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must

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be paid. The city council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12 . 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 chapter. SECTION 6.13 . Regulatory fees; permits. The city council by ordinance shall have the power to require businesses or practitioners doing business within this city to obtain a permit for such activity from the city and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the city of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18 of this charter. SECTION 6.14 . Franchises. (a) The city council shall have the power to grant franchises for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations. The city council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The city council shall provide for the registration of all franchises with the city clerk in a registration book kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. (b) If no franchise agreement is in effect, the city council has the authority to impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies and other similar organizations.

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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 without the corporate limits of the city for the total cost to the city of providing or making available such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.16 . Special assessments. The city council by ordinance shall have the power to assess and collect the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers, or other utility mains and appurtenances from the abutting property owners under such terms and conditions as are reasonable. If unpaid, such charges shall be collected as provided in Section 6.18 of this charter. SECTION 6.17 . Construction; other taxes and fees. This city shall be empowered to levy any other tax or fee allowed now or hereafter by law, and the specific mention of any right, power or authority in this article shall not be construed as limiting in any way the general powers of this city to govern its local affairs. SECTION 6.18 . Collection of delinquent taxes and fees. The city council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city under Sections 6.10 through 6.17 of this charter by whatever reasonable means as are not precluded by law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city 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

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exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20 . Revenue bonds. Revenue bonds may be issued by the city council as state law now or hereafter provides. Such bonds are to be paid out of any revenue produced by the project, program or venture for which they were issued. SECTION 6.21 . Short-term loans. The city may obtain short-term loans and must repay such loans not later than December 31 of each year, unless otherwise provided by law. SECTION 6.22 . Lease-purchase contracts. The city may enter into multiyear lease, purchase or lease purchase contracts for the acquisition of goods, materials, real and personal property, services, and supplies provided the contract terminates without further obligation on the part of the municipality at the close of the calendar year in which it was executed and at the close of each succeeding calendar year for which it may be renewed. Contracts must be executed in accordance with the requirements of Code Section 36-60-13 of the O.C.G.A., or other such applicable laws as are or may hereafter be enacted. SECTION 6.23 . Fiscal year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the city government. SECTION 6.24 . Preparation of budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan and a capital budget, including requirements as to the scope, content and form of such budgets and plans. SECTION 6.25 . Submission of operating budget to city council. On or before a date fixed by the city council but not later than 60 days prior to the beginning of each fiscal year, the mayor shall submit to the city

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council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other pertinent comments and information. The operating budget and the capital budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. SECTION 6.26 . Action by city council on budget. (a) The city council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than 30 days prior to the beginning of the ensuing fiscal year. If the city council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the city council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose, or activity as set out in the budget preparation ordinance adopted pursuant to Section 6.24 of this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations or allotment thereof, to which it is chargeable. SECTION 6.27 . Tax levies. The city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of this city.

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SECTION 6.28 . Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, 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 may submit to the city council a proposed capital improvements plan for a period of five fiscal years or less with a recommended capital budget containing the means of financing the improvements proposed for the ensuing fiscal year(s). The city council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The city council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital budget, except to meet a public emergency as provided in Section 2.24 of this charter. (b) The city council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than 30 days prior to the ensuing fiscal year. No appropriation provided for in a prior capital budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, the mayor may submit amendments to the capital budget at any time during the fiscal year, accompanied by recommendations. Any such amendments to the capital budget shall become effective only upon adoption by ordinance. SECTION 6.30 . Independent audit. There shall be an annual independent audit of all city accounts, funds and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted 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;

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(2) It is drawn by or submitted and reviewed by the city attorney, and as a matter of course, is signed by the city attorney to indicate such drafting or review; and (3) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings pursuant to Section 2.20 of this charter. SECTION 6.32 . Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. SECTION 6.33 . Sale and lease of city property. (a) The city council may sell and convey, or lease any real or personal property owned or held by the city for governmental or other purposes as now or hereafter provided by law. (b) The city council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley, or public place of the city, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the city council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners where such sale and conveyance facilitates the enjoyment of the highest and best use of the abutting owner's property. Included in the sales contract shall be a provision for the rights of way of said street, avenue, alley or public place. Each abutting property owner shall be notified of the availability of the property and given the opportunity to purchase said property under such terms and conditions as set out by ordinance. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS SECTION 7.10 . Bonds for officials. The officers and employees of this city, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms

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and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11 . Existing ordinances, resolutions, rules and regulations. Existing ordinances, resolutions, rules and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two years from the effective date of this charter. During such two-year period, the city council shall review all such provisions and shall readopt, repeal or amend each, so that a codification as provided by Section 2.26(b) of this charter is accomplished. SECTION 7.12 . Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the city and their rights, privileges and powers shall continue beyond the time this charter takes effect for a period of 60 days before or during which the existing city council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges and powers as may be required or desired to allow a reasonable transition. SECTION 7.13 . 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 . Specific repealer. An Act incorporating the City of Berkeley Lake in the County of Gwinnett, approved April 17, 1975 (Ga. L. 1975, p. 3272), is hereby repealed in its

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entirety and all amendatory acts thereto are likewise repealed in their entirety. 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 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CITY OF BERKELEY LAKE RESOLUTION WHEREAS, the present municipal Charter for the City of Berkeley Lake was enacted in 1975 and last amended in 1989; and WHEREAS, the Council of the City of Berkeley Lake has determined that it is in the best interest of the citizens of the City to have an updated and current Charter for the City which is concise, easy to understand, and reflects changes in municipal law in the State of Georgia; and WHEREAS, the Council of the City of Berkeley Lake desires to request the Local Legislative Delegation to introduce and have approved by the Georgia General Assembly a new municipal Charter for the City of Berkeley Lake. NOW, THEREFORE, BE IT RESOLVED by The Mayor And Council of the City of Berkeley Lake, Georgia, that it hereby approves a new municipal Charter for the City of Berkeley Lake which is attached as Exhibit A to this Resolution, and further requests that the Local Legislative Delegation of the Georgia General Assembly introduce and have approved in the 1999 Session of the General Assembly a new municipal Charter for the City of Berkeley Lake. BE IT FURTHER RESOLVED that the Mayor is directed to forward the proposed new municipal Charter to members of the Local Legislative Delegation together with this Resolution and with the request that the same be introduced and approved. SO RESOLVED, this 10th day of December, 1998. s/Marguerite K. Cooke MARGUERITE COOKE, Mayor, City of Berkeley Lake ATTEST: s/Marcie E. Zielazienski
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MARCIE ZIELAZIENSKI City Clerk NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to provide for a new charter for the City of Berkeley Lake; and for other purposes. This the 1st day of January, 1999. BROOKS P. COLEMAN, JR. State Representative District 80 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Brooks,P. Coleman,Jr., who on oath deposes and says that he is 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 1, 1999. (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. [UNK] 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/ BROOKS P. COLEMAN, JR. Representative, 80th District Sworn to and subscribed before me, this 26th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF MANCHESTERMAYOR AND COUNCIL; ELECTIONS; TERMS. No. 47 (House Bill No. 334). AN ACT To amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), so as to provide for municipal elections in November, 1999, and in succeeding years; to provide for terms of office for the councilmembers and mayor elected at such elections; 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 Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 28, 1990 (Ga. L. 1990, p. 4980), is amended by striking in its entirety Section 4 and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. (a) On the Tuesday next following the first Monday in November, 1999, and every four years thereafter, there shall be elected the four members from the districts described in Section 2 of this Act and the member elected at large. The five members so elected shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (b) In the event that a member moves his or her residence from the district the member represents, that position on the city council shall immediately become vacant. Vacancies on the council created by death,

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by resignation, or otherwise shall be filled by a special election held in accordance with the requirements of Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' 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. A RESOLUTION A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MANCHESTER, GEORGIA, CALLING UPON THE LOCAL LEGISLATIVE DELEGATION TO ENACT A LOCAL ACT CHANGING THE TERMS OF ELECTED OFFICE FOR MEMBERS OF THE MAYOR AND COUNCIL FROM TWO (2) YEARS TO FOUR (4) YEARS; ESTABLISHING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, by local act enacted pursuant to O.C.G.A. Section 21-3-63, the terms of elected office for members of the Mayor and Council of the City of Manchester, Georgia were previously established at two (2) years instead of the uniform four (4) year term for municipal elected officials; WHEREAS, current elected officials were elected at a General Election held in November, 1997 and took office on January 1, 1998 with said terms to expire December 31, 1999; and WHEREAS, Ga. Laws 1997, p. 548 amended O.C.G.A. Section 21-3-64 to provide for local acts amending the prior local law to return to terms of four (4) years; NOW THEREFORE BE IT RESOLVED by the Mayor and Council that the local delegation to the General Assembly be notified and advised of the desire of this body to return to terms of four (4) years, effective with the term to begin January 1, 2000, with all seats to be elected concurrently on the Tuesday next following the first Monday in November, 1999. SO RESOLVED, in open meeting, this 14th day of September, 1998. ATTEST: s/ Kathy M. Storey Assistant City Clerk Kathy M. Storey NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act incorporating the

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City of Manchester so as to change the terms of office for the mayor and councilpersons; and for other purposes. This 14th day of January, 1999. Nancy J. Thompson 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: January 22, 1999. (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. [UNK] 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 27th day of January, 1999.

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s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. DUBLIN-LAURENS COUNTY RECREATION AUTHORITYCREATION. No. 48 (House Bill No. 378). AN ACT To create the Dublin-Laurens County Recreation Authority and to authorize such authority to acquire, construct, equip, maintain, and operate athletic and recreational centers, facilities, and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, hiking, camping, and picnicking areas and facilities, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, to acquire parking facilities and parking areas in connection therewith, to acquire the necessary property therefor, both real and personal, and to lease, buy, and sell any or all of such facilities, including real property; to confer powers and to impose duties on the authority, the execution of which shall be in the discretion of the City Council of Dublin and the Board of Commissioners of Laurens County; to provide for the membership and for the appointment of members of the authority; to authorize the authority to contract with others pertaining to such recreational facilities, to execute leases on such facilities, to convey title to real property of the authority, and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the authority and other political subdivisions to enter into contracts pertaining to uses of such facilities, which contracts and leases shall obligate the lessees to make payment for the use of such facilities for the term thereof and to pledge to that purpose revenues derived from taxation; to provide that no debt of Laurens County, the City of Dublin, or other political subdivisions, within the meaning of Article IX, Section III, Paragraph I of the Constitution of the State of Georgia, shall be incurred by exercise of the powers granted; to authorize the issuance of revenue bonds or obligations of the authority; to authorize the collection and pledging of the revenues and earnings of the authority for the payment of such bonds or obligations and to secure the payment thereof; to define the rights of the holders of such bonds or obligations; to make the property of the authority exempt from taxation and assessment; to grant the authority and its members certain immunities; to authorize the

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issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions; to provide that bonds be validated as authorized by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law; to provide for budgets and procedures in connection therewith; to provide for audits; to provide for funding; to provide for personnel; to provide for conveyance of property upon dissolution; to provide for bonding limitations; to provide for construction; to provide for severability; 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 . This Act shall be known and may be cited as the Dublin-Laurens County Recreation Authority Act. SECTION 2 . (a) There is created a body corporate and politic to be known as the Dublin-Laurens County Recreation Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. By that name, style, and title, said body may contract and be contracted with; sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents, and employees. The authority shall not be a state institution nor a department or agency of the state but shall be an instrumentality of the state, a mere creation of the state, having a distinct corporate entity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the Georgia State Financing and Investment Commission Act. The authority shall have its principal office in Laurens County and its legal situs or residence for the purposes of this Act shall be Laurens County. The scope of the authority's operation shall be limited to the territory embraced within Laurens County. The authority is granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the authority as provided under the provisions of this Act. (b) The authority shall consist of seven members, with two members to be Laurens County commissioners appointed by a majority vote of the Board of Commissioners of Laurens County; two members to be Dublin city council persons appointed by a majority vote of the Dublin mayor and city council; one member to be appointed by the Board of Commissioners of Laurens County; one member to be appointed by the mayor and members of the City Council of Dublin; and one member to be mutually agreed upon and jointly appointed by the board of commissioners and the mayor and members of the city council. The terms of the membership of the Dublin-Laurens County Recreation Authority members shall be as follows:

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The two members who are commissioners shall initially be appointed to serve until December 31, 2000; the two members who are city council persons shall initially be appointed to serve until December 31, 2000; the member who is appointed by the board of commissioners, the member who is appointed by the city council, and the member who is jointly appointed by the board of commissioners and the city council shall initially serve until December 31, 1999. As the initial terms of membership of the authority as set forth herein expire, members shall be selected to serve three-year terms. To be eligible for membership on the authority, each member must be a resident of Laurens County for at least two years, reside in Laurens County during his or her membership, and be at least 21 years of age at the time of appointment. (c) The members of the authority shall enter upon their duties immediately upon the next scheduled meeting following their appointment. (d) (1) Any vacancy on the authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy, and the person so selected and appointed. shall serve for the remainder of the unexpired term. (2) Any member of the authority may be removed from office by a majority vote of the appointing entity for failure to perform his or her duties as a member of the authority. Such failure shall include without limitation absence from three consecutive meetings of the authority, unless excused by reasonable grounds as determined by a majority of the members of the authority. Any office so vacated shall be filled within 60 days by appointment as provided in paragraph (1) of this subsection. The new appointee shall serve the remainder of the unexpired term to which he or she is appointed. (e) The authority shall elect one of its members as chairperson, one of its members as vice chairperson, and one of its members as secretary and treasurer. (f) Four members of the authority shall constitute a quorum. No vacancy on the authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the authority. (g) The authority shall make rules and regulations for its own government according to Robert's Rules of Order . It shall have perpetual existence. SECTION 3 . (a) As used in this Act, the term: (1) Authority shall mean the Dublin-Laurens County Recreation Authority created in Section 2 of this Act. (2) Cost of the project shall encompass the cost of all lands, properties, rights, easements, and franchises acquired and the cost of

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all conveyances in fee simple of the authority's title thereto and leases thereof; the cost of all machinery and equipment and financing charges and interest prior to and during construction and for one year after completion of construction; the cost of engineering, architectural, fiscal, and legal services and plans and specifications and other expenses necessary or incident to determining the feasibility or practicability of the project; the cost of administrative services and such other expenses as may be necessary or incident to the financing authorized by this Act; and the cost of the acquisition and construction of any project and the placing of such project into operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (3) Project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of athletic and recreation centers, facilities, and areas, including, but not limited to, playgrounds, parks, swimming and wading pools, hiking, camping, and picnicking areas and facilities, lakes, tennis courts, athletic fields and courts, club houses, gymnasiums, auditoriums, youth centers, senior citizen centers, stadiums, related buildings, golf courses, and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities; the acquisition of parking facilities or parking areas in connection therewith; the acquisition of the necessary property thereof, both real and personal, and the lease and sale of any part or all of such facilities, including real or personal property, so as to assure the efficient and proper development, maintenance, and operation of such recreational facilities and areas deemed by the authority to be necessary, convenient, or desirable. (4) Revenue bonds, bonds, and obligations mean revenue bonds as defined and provided for in Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and which may be issued by the authority as authorized under the Revenue Bond Law and any amendments thereto and, in addition, shall mean obligations of the authority, the issuance of which are specifically provided for in this Act. (b) Any project shall be deemed self-liquidating if, in the judgment of the authority, the revenues and earnings to be derived by the authority therefrom, including the anticipated revenues and earnings from the lease of any project, and all properties used, leased, and sold in connection therewith will be sufficient to pay the cost of acquiring, operating, maintaining, repairing, improving, and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects.

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SECTION 4 . (a) The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real and personal property of every kind and character for its corporate purposes; (3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights or easements therein or franchises necessary or convenient for its corporate purposes, to use the same so long as its corporate existence shall continue, to lease or make contracts with respect to the use of the same, or to dispose of the same in any manner it deems to the best advantage of the authority. If the authority shall deem it expedient to construct any project on any lands, the title to which shall then be in the State of Georgia, the Governor is authorized to convey for and in behalf of the state title to such lands to the authority upon the receipt of such lawful consideration as may be determined by the parties to such conveyance. If the authority shall deem it expedient to acquire and construct any project on any lands, the title to which shall be in the name of the Board of Commissioners of Laurens County or any municipality incorporated in that county, such entity 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 of such conveyances or upon payment for the credit of the general funds of such county or municipalities of the reasonable value of such lands, such value to be determined by mutual consent of such county or municipality and the authority or by an appraiser to be agreed upon by the governing authority or body of such county or municipality and the chairperson of the authority; (4) 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 and contracts with respect to the use of projects which the authority causes to be erected or acquired, including contracts for acquiring, constructing, renting, and leasing of its projects for the use of Laurens County or any municipality in Laurens County, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character; 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, authorization is specifically granted to municipal corporations and counties and to the authority to enter into contracts and lease and

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sublease agreements with the State of Georgia or any agencies or departments thereof relative to parks and recreational centers, areas, and facilities and relative to any property which such departments or agencies of the State of Georgia have now or may hereafter obtain by lease from the United States government or any agencies or departments thereof, and the authority is specifically authorized to convey title in fee simple to any and all of its lands and any improvements thereon to any persons, firms, corporations, municipalities, the State of Georgia or the United States government, or any agencies or departments thereof, subject to the rights and interest of the holders of any of the bonds or obligations authorized to be issued pursuant to this Act and by the resolution or trust indenture of the authority authorizing the issuance of any of its bonds or obligations as provided in this Act; (5) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate, and manage projects as defined in this Act, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds or other funds of the authority or from such proceeds or other funds or any grant from the United States of America or any agency or instrumentality thereof; (6) To accept loans and grants of money, materials, or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality thereof may impose; (7) To accept loans and grants of money, materials, or property of any kind from the State of Georgia or any agency, instrumentality, or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency, instrumentality, or political subdivision thereof may impose; (8) To borrow money for any of its corporate purposes and to execute evidence 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; (9) To exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution or laws of this state; (10) To borrow money for any of its corporate purposes from any bank, banks, or other lending institutions and to execute evidence of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the authority from a lease or leases entered into by the authority as the lessor and Laurens County or a municipality within it as the lessee;

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(11) To do all things necessary or convenient to carry out the powers expressly given in this Act; and (12) To make recommendations to the Board of Commissioners of Laurens County and City Council of Dublin on land acquisition, facilities development, and other matters relating to the provision of recreation and recreational opportunities to the citizens of Laurens County and the municipalities within it. (b) The authority is specifically authorized from time to time to sell, lease, grant, exchange, or otherwise dispose of any surplus property, both real and personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created. SECTION 5 . The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this Act, shall have power and is authorized at one time or from time to time to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as defined in this Act of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund provided for in this Act for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates as determined by the authority, payable on such dates as determined by the authority. Such revenue bonds or obligations shall be issued pursuant to and in conformity with Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and all procedures pertaining to such issuance and the conditions thereof shall be the same as those contained in the Revenue Bond Law and any amendments thereto. SECTION 6 . All revenue bonds issued under the provisions of this Act are declared to be issued for an essential public and governmental purpose, and such bonds and the income thereof shall be exempt from all taxation by the state. SECTION 7 . The authority may sell such revenue bonds in such manner and for such prices as it may determine to be for the best interest of the authority, and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. SECTION 8 . Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings,

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conditions, and things which are specified or required by this Act and Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. Any resolution providing for the issuance of revenue bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular, special, or adjourned meeting of the authority by a majority of its members, subject to the provisions of Chapter 14 of Title 50 of the O.C.G.A., governing open and public meetings. Before the vote to issue any revenue bonds, the authority must advertise in a newspaper of general circulation throughout Laurens County at least once for three consecutive weeks the intent to vote on the issuance of such bonds. The advertisements shall be a minimum of one-eighth of a page in size and shall list all details of the proposed revenue bond issue, including the date, time, and place of such vote. SECTION 9 . Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State of Georgia, Laurens County, or City of Dublin or a pledge of the faith and credit thereof; but such bonds shall be payable solely from the rentals, revenues, earnings, and funds of the authority as provided in the resolution or trust agreement or indenture authorizing the issuance and securing the payment of such bonds. The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof, including Laurens County and the City of Dublin, to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this section. However, Laurens County, the City of Dublin, or any other political subdivision of the state contracting with the authority may obligate itself to pay the amounts required under any contract entered into with the authority from funds received from taxes to be levied and collected for that purpose to the extent necessary to pay the obligations contractually incurred under this section and from any other source; and the obligation to make such payments shall constitute a general obligation and a pledge of the full faith and credit of the obligor but shall not constitute a debt of the obligor within the meaning of Article IX, Section V, Paragraph I of the Constitution of the State of Georgia. When such obligation is made to make such payments from taxes to be levied for that purpose, then the obligation shall be mandatory to levy and collect such taxes from year to year in an amount sufficient to fulfill and fully comply with the terms of such obligation. Without limiting the obligations of any political subdivision of the state contracting with the authority in accordance with this Act, it shall be required that prior to entering into any such contract, the authority or the political subdivision with which such contract will be executed shall prepare or cause to be prepared a feasibility study including a projection of revenues for the project which is the subject of such contract. The political

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subdivision entering into a contract with the authority shall, prior to entering into the contract, properly advertise its intention and call at least one public hearing on the subject at least three weeks prior to the date on which the political subdivision plans to vote to approve the signing of the contract. SECTION 10 . The revenues, rents, and earnings derived from any particular project or projects and any and all revenue, rents, and earnings received by the authority, regardless of whether such revenues, rents, and earnings were produced by a particular project for which bonds have been issued, unless otherwise pledged, may be pledged by the authority to the payment of the principal of and interest on revenue bonds of the authority as may be provided in any resolution authorizing the issuance of such bonds or in any trust indenture pertaining to such bonds. Such funds so pledged from whatever source received, which may include funds received from one or more or all sources, may be set aside at regular intervals into sinking funds for which provision may be made in any such resolution or trust indenture and which may be pledged to and charged with the payment of the interest upon such revenue bonds as such interest shall become due; the principal of the bonds as the same shall mature; the necessary charges of any trustee or agent of paying such principal and interest; and any premium upon bonds retired by call or purchase. The use and disposition of any sinking fund may be subject to such regulation as may be provided for in the resolution authorizing the issuance of the bonds or in the trust indenture securing the payment of the same. SECTION 11 . The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose, and the authority shall be required to pay no taxes or assessments upon any of the property acquired by it or under its jurisdiction, control, possession, or supervision or upon its activities in the operation and maintenance of property acquired by it or of buildings erected or acquired by it or any fees, rentals, or other charges for the use of such property or buildings or other income received by the authority. The tax exemption provided in this Act shall not include an exemption from sales and use tax on property purchased by or for the use of the authority. SECTION 12 . The authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia, and the officers, agents, and employees of the authority, when in performance of the work of the authority, shall have the same immunity from liability for torts and negligence as officers, agents, and employees of the State of Georgia. The authority may be sued the same as private corporations on any contractual

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obligation of the authority. The property of the authority shall not be subject to levy and sale under legal process. SECTION 13 . Any action to protect or enforce any rights under the provisions of the Act or any suit or action against such authority shall be brought in the Superior Court of Laurens County, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in that court which shall have exclusive original jurisdiction of such actions. SECTION 14 . Bonds issued by the authority shall be confirmed and validated in accordance with the procedure of Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision, or instrumentality of the State of Georgia or the United States government or any department or agency of the United States government, if subject to being sued and if consenting to same, which has contracted with the authority for the services and facilities of the project for which bonds are to be issued and sought to be validated, and the state or such municipality, county, authority, political subdivision, or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as part of the basis of the security for the payment of any such bonds of the authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the authority issuing the same, the state and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the authority. SECTION 15 . While any of the bonds issued by the authority remain outstanding, the powers, duties, or existence of the authority or of its officers, employees, or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, 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.

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SECTION 16 . All funds received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds or as revenue, rents, fees, charges, or other earnings or as grants, gifts, or other contributions shall be deemed to be trust funds to be held and applied by the authority solely as provided in this Act, and the bondholders entitled to receive the benefits of such funds shall have a lien on all such funds until the same are applied as provided for in any such resolution or trust indenture of the authority. SECTION 17 . (a) The authority shall prepare a budget for each operating year. Funding for the authority shall be provided by the governing authority of Laurens County and the City of Dublin. (b) The Dublin-Laurens County Recreation Authority shall develop a financial and program work plan for both capital and operational requirements for the authority's activities for each fiscal year. Such plan shall be known as the Annual Operating and Capital Budget of the Dublin-Laurens County Recreation Authority. The plan shall be adopted on or before June 30 of any given year, with an effective date of July 1. All projected revenues and estimated expenditures shall be clearly outlined as to source and expenditure classification and purpose. The authority shall give at least two weeks public notice, by way of publication in the legal organ of the county, prior to adopting the annual budget. Said notice shall clearly state all proposed fees, charges, taxes, and other sources of revenue and their proposed usage. Prior to budget adoption, the authority shall hold a public hearing for the purpose of receiving public comment. Said hearing date, time, and place shall be so noted in the required public notice. (c) Each year the Dublin-Laurens County Recreation Authority shall have made an independent audit and examination of the authority's financial records and transactions. Said audit shall be made in accordance with established national audit and accounting standards. Copies of said audit shall be available for public review and provided to each participating jurisdiction. SECTION 18 . The authority is authorized to appoint, select, and employ officers, agents, and employees and adopt rules and regulations governing their services and fix their respective compensations and terms of employment. SECTION 19 . This Act and any other law enacted with reference to the authority shall be liberally construed for the accomplishment of the purposes of the authority.

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SECTION 20 . When the authority for any reason is dissolved after full payment of all bonded indebtedness incurred under the provisions of this Act, both as to principal and interest, title to all property of any kind and nature, real and personal, held by the authority at the time of such dissolution shall be conveyed to Laurens County and the City of Dublin jointly; 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 indenture relating to such property, subject to any liens, leases, or other encumbrances outstanding against or in respect to said property at the time of such conveyance. SECTION 21 . Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect the remainder of this Act or any part hereof, 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 22 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 23 . All laws and parts of laws in conflict with this Act are repealed. NOTICE TO INTRODUCE LOCAL LEGISLATION Notice is hereby given that there will be introduced at the regular 1998 Session of the General Assembly of Georgia, a Bill to be enacted an Act, which creates the Dublin-Laurens Recreation Authority; to provide for the powers and responsibilities of said Authority; to provide for appointment for members of said Authority; to provide for an effective date; to repeal conflicting laws; and, for other purposes. S. DuBose Porter State Representative Terry Coleman State Representative 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:

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(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: January 23, 1999. (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. [UNK] 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/ DUBOSE PORTER Representative, 143rd District Sworn to and subscribed before me, this 27th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. GILMER COUNTY FAMILY CONNECTION COMMISSIONCREATION. No. 49 (House Bill No. 403). AN ACT To create the Gilmer County Family Connection Commission; to authorize the commission to acquire, construct, add to, extend, improve, equip,

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operate, and maintain projects supporting the development of all Gilmer County families and children and related facilities to individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities; to confer powers and impose duties on the commission; to provide for the membership and the appointment of members of the commission and their terms of office, qualifications, duties, powers, method of filling vacancies, compensation, and expense; to authorize the commission to contract with others pertaining to the use of the facilities of the commission and to execute leases and do all things necessary or convenient for the operation of the commission and to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Short title. This Act shall be known and may be cited as the Gilmer County Family Connection Commission Act. SECTION 2 . Gilmer County Family Connection Commission. There is created a body corporate and politic to be known as the Gilmer County Family Connection Commission, 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 commission shall have perpetual existence. SECTION 3 . Membership. (a) The commission shall be composed of 29 members, which will consist of six ex officio members and 23 community members, as follows: (1) The ex officio members shall consist of one elected member of the governing board of the county; one elected member of the governing boards of municipalities within the county; one elected member of the governing board of education; the chief judge of the Superior Court of Gilmer County, Appalachian Judicial Circuit; and one shall be the Gilmer County district attorney. (2) Community members shall be composed of the director of the department of family and children services, the Gilmer County superintendent of schools, the Gilmer County mental health director, the health department manager, the director of the Gilmer County head start program, the director of the Pre-K program, the director of

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the vocational rehabilitation center, the director of the alternative school, the director of the adult literacy program of Gilmer County, the director of the Gilmer County housing authority, the director of the Gilmer County parks and recreation department, the director of the fraternal order of police, the director of the chamber of commerce, two business members of the chamber of commerce, the local department of juvenile justice, one representative of the Gilmer County juvenile court, a representative of the Gilmer County teen council, a member of the Hispanic task force, a representative of the faith community, a representative of a civic group of Gilmer County, and two members from the parents of families in Gilmer County. Immediately after such appointments, the members of such commission shall enter upon their duties. The commission 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 commission. (b) The community members that shall be appointed are the two business members from the chamber of commerce, appointed by the director of the chamber of commerce. One of the two members of Gilmer County parents shall be appointed by the director of the department of family and children services, and the second member of Gilmer County parents shall be appointed by the superintendent of schools. (c) Of the community 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. Those members who serve on the commission shall serve for the term of the position and shall be replaced by the future successors in these positions. (d) Ex officio members 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. (e) Members of the commission shall not receive compensation for serving on the commission but may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. (f) To be eligible for appointment as a member of the commission a person shall be a resident of Gilmer County for at least one year prior to the date of his or her appointment, except those persons filling the professional positions outlined within this Act, and shall not have been convicted of a crime. SECTION 4 . Definitions. As used in this Act, the term:

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(1) Commission means the Gilmer County Family Connection Commission, 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 success goals 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; (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) To adopt and carry out comprehensive and integrated annual work programs and budgets to serve children, youth, and families. (2) Community partnership means an organization that meets the specifications for community partnerships contained in the Georgia Policy Council for Children and Families Act, Article 12, Chapter 5, Title 49 of the O.C.G.A. (3) 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, managing and evaluating their performance,

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and measuring their effectiveness in achieving the goals and objectives that have been established. (4) County means the County of Gilmer. (5) Georgia Policy Council means the Georgia Policy Council for Children and Families, created by the Georgia Policy Council For Children and Families Act, Article 12, Chapter 5, Title 49 of the O.C.G.A. (6) Public agency means the Gilmer County board of commissioners, the Gilmer County board of education, and any agency, board, commission, or department of the State of Georgia. (7) Officers shall mean the chairperson, vice chairperson, secretary, and treasurer. SECTION 5 . Organizational meeting. (a) The organizational meeting of the commission shall be called by the secretary of the Gilmer County Family Connection Commission. At the organizational meeting, the commission shall adopt bylaws and elect only from the community members a chairperson, vice chairperson, secretary, and treasurer. Except as hereinafter provided, the terms of office of such officers and all other matters relating to the organization and rules or procedure of the commission shall be as specified in the bylaws of the commission. (b) For the purposes of the organizational meeting of the Gilmer County Family Connection Commission a quorum shall constitute a majority. Quorum for further meetings shall be set forth in the Gilmer County Family Connection Commission bylaws. (c) Officers of the commission shall be elected from the community members and shall not include ex-officio members. (d) The commission shall prepare and submit to the appointing bodies listed in subsection (a) of Section 3 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 and an annual report on the state of the children, youth, and families in the community. The commission shall also have prepared for the fiscal year just ended an independent audit of income and expenditures as required by this Act. (e) No vacancy on the commission shall impair the right of the quorum to exercise all of the rights and perform all of the duties of the commission. (f) In the event of a vacancy by reason of death, disqualification, resignation, or other reason, the entity originally appointing the member whose position is vacant shall select and appoint a qualified person to fill the

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unexpired term of the member whose position has been vacated. A vacancy shall exist in the office of any member of the commission who is convicted of or pleads to a crime or who enters a plea of nolo contendere thereto; who is convicted of or pleads to a crime involving moral turpitude or who enters a plea of nolo contendere thereto; who moves his or her residence from the county; who is convicted of any act of misfeasance, malfeasance, or nonfeasance of his or her duties as a member of the commission; or who fails to attend 33 percent of the regular or special meetings of the commission for any 12 consecutive months without an excuse approved by a resolution of the commission. (g) All meetings of the commission, regular or special, shall be open to the public. (h) No member or employee of the commission shall have directly or indirectly any financial interest, profit, or benefit in any contract, work, or business of the commission nor in the sale, lease, or purchase of any property. SECTION 6 . Purposes. The commission is created for the following purposes: (1) To develop with the community a vision of success for children, youth, and their families in the community; (2) To develop and adopt a core set of goals for children, youth, and their families; (3) To develop, adopt, recommend, and, from time to time, amend a comprehensive plan for the Gilmer County community to deal effectively with the problems experienced by children, youth, and families in Gilmer County in order to achieve the goals that have been adopted; (4) To develop and facilitate collaboration, coordination, and service and data integration among the public and private agencies, institutions, and organizations in implementing the plan and monitoring the well-being of children; (5) To monitor and report to the board of commissioners of Gilmer County, the mayors of municipalities in the county, and to the community of the implementation 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, when necessary; (6) To contract or recommend and promote contracts with public and private agencies to provide programs and services to carry out the

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provisions of the comprehensive plan developed under paragraph (3) of this section and for the purposes of paragraph (4) of this section; (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; (8) To seek to make the goals and comprehensive plan developed for the Gilmer County community consistent with the purposes of the Georgia Policy Council for Children and Families Act, Article 12, Chapter 5, Title 49 of the O.C.G.A.; (9) To be an advocate for the well-being of children in the community; and (10) To serve as a review and recommending body to local governments on policies proposed by public agencies and institutions that relate to the well-being of children. SECTION 7 . Power 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 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 the 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 8 . 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;

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(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 such liability; (5) To make contracts and to execute all instruments necessary or convenient in connection therewith; (6) To establish bylaws, 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 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 9 . 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.

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SECTION 10 . Immunity. The commission shall have the same immunity and exemption from liability for torts and negligence as Gilmer County, and the officers, agents, and employees of the commission when in the performance of the work of the commission shall have the same immunity and exemption from liability for torts and negligence as the officers, agents, and employees of Gilmer County when in the performance of their public duties or work of the county. 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 from levy and sale, garnishment, or 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. SECTION 13 . Actions. Any action brought against the commission shall be brought in the Superior Court of Gilmer 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.

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SECTION 15 . Effective date. This Act shall become effective on July 1, 1999. 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 1999 session of the General Assembly of Georgia a bill to create the Gilmer County Family Connection Commission; to authorize the commission to acquire, construct, add to, extend, improve, equip, operate, and maintain projects supporting the development of all Gilmer County families and children and related facilities to individuals, private concerns, municipal corporations, and the State of Georgia and its political subdivisions and instrumentalities; to confer powers and impose duties on the commission; to provide for the membership and the appointment of members of the commission and their terms of office, qualifications, duties, powers, method or filling vacancies, compensation, and expense; to authorize the commission to contract with others pertaining to the use of the facilities of the commission and to execute leases and do all things necessary or convenient for the operation of the commission and to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. This 25th day of January, 1999 Representative Ben N. Whitaker 7th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Whitaker, who on oath deposes and says that he is the Representative from the 7th 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: January 28, 1999.

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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. [UNK] 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 WHITAKER Representative, 7th District Sworn to and subscribed before me, this 29th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999.

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LUMPKIN COUNTYADVISORY REFERENDUM ON ADOPTION OF LAND USE AND ZONING REGULATIONS FOR UNINCORPORATED AREA. No. 50 (House Bill No. 404). AN ACT To provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use and zoning regulations for unincorporated areas of the county; to provide for legislative findings and declarations; to provide for procedures and requirements; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . It is the purpose of this Act to provide for an advisory referendum election to be held in Lumpkin County for the purpose of ascertaining whether the electors of such county are in favor of comprehensive land regulations for the unincorporated areas of the county. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Lumpkin County shall call and conduct an advisory referendum election as provided in this section for the purpose of submitting a question to the electors of said county to determine whether the county governing authority should establish comprehensive land use and zoning regulations for all unincorporated areas of Lumpkin County. The superintendent shall set the date of such election for the third Tuesday in June, 1999, and shall issue the call therefor not less than 30 nor more than 60 days prior to that date. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Lumpkin County. The ballot shall have written or printed thereon the following: Advisory Referendum Election () YES () NO Should the Lumpkin County Board of Commissioners adopt a resolution establishing comprehensive land use and zoning regulations for all unincorporated areas of Lumpkin County? It shall be the duty of the election superintendent of Lumpkin County to hold and conduct the advisory election provided for in this section and to tabulate the results of such election. It shall be the further duty of said

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superintendent to certify the results of said election to the Secretary of State and to each member of the General Assembly whose Senatorial or Representative District lies wholly or partially within Lumpkin County. The expense of such election shall be borne by Lumpkin County. It is found, determined, and declared that the holding of the advisory referendum election provided for in this section is in all respects for the benefit of the people of Lumpkin County and is for a public purpose and is an essential governmental function for which public funds may be expended. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to provide for an advisory referendum election to be held in Lumpkin County for the purpose of determining whether the Lumpkin County Board of Commissioners should adopt comprehensive land use and zoning regulations for unincorporated areas of the county; and for other purposes. This 21 day of January, 1999. Ben Whitaker GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Whitaker, who on oath deposes and says that he is the Representative from the 7th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nuggett which is the official organ of Lumpkin County on the following date: January 27, 1999. (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. [UNK] 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 WHITAKER Representative, 7th District Sworn to and subscribed before me, this 29th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. EFFINGHAM COUNTYBOARD OF COMMISSIONERS; COMPENSATION. No. 51 (House Bill No. 418). AN ACT To amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4378), so as to change the compensation of the chairperson and members of such 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 entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4378), is amended by striking the figures $400.00 and $500.00 in Section 4 of said Act and inserting in lieu thereof, respectively, the figures $500.00 and $600.00, so that such section shall read as follows:

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SECTION 4. Each member of the board, other than the chairperson, shall receive as his or her entire compensation for services as same the sum of $500.00 per month. The chairperson shall receive as his or her entire compensation the sum of $600.00 per month. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, the act of the General Assembly of the State of Georgia creating the Board of Commissioners of Roads and Revenues of Effingham County, Georgia approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4378), so as to provide that each member of the board, other than the chairman, shall receive as his entire compensation for services as same, the sum of $400.00 per month and that the chairman shall receive as his entire compensation the sum of $500.00 per month, and WHEREAS, the said members of the Board of Commissioners of Effingham County, Georgia, expend more than the above stated amount in the performance of their duties; NOW THEREFORE BE IT RESOLVED, that, we The Board of Commissioners of Effingham County, Georgia, do hereby authorize and direct that each member of the Board, other than the chairman, shall receive as his entire compensation for services as same the sum of $500.00 per month. The chairman shall receive as his entire compensation the sum of $600.00 per month. The Board of Commissioners request the Honorable Ann Purcell, Representative for the 147th District to introduce legislation in the 1999 session of the General Assembly of Georgia to this effect, and for the effective date of said increase of salary to be the first day of first month after approval by the Governor. This 5th day of January, 1999. s/ Phillip E. King, Phillip E. King, Chairman Effingham County Board of Commissioners ATTEST: s/ Sandra Andrews Sandra Andrews Effingham County Clerk

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NOTICE OF INTENTION TO INTRODUCE LEGISLATION Notice is hereby given that there will be introduced in the 1999 Session of the General Assembly of Georgia a bill affecting the Compensation of the Board of Commissioners of Effingham County Georgia. January 13, 20, 27 NOTICE GEORGIA, EFFINGHAM COUNTY GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ann R. Purcell, who on oath deposes and says that she is 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 Herlad which is the official organ of Effingham County on the following date: January 13, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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

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Sworn to and subscribed before me, this 28th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CANDLER COUNTYSTATE COURT; JUDGE AND JUDGE'S SECRETARY; COMPENSATION. No. 52 (House Bill No. 430). AN ACT To amend an Act establishing the State Court of Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, so as to change the provisions relating to the compensation of the judge of said court and the compensation of the judge's secretary; 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 Candler County, approved July 29, 1920 (Ga. L. 1920, p. 364), as amended, is amended by striking Section 4 and inserting in lieu thereof a new Section 4 to read as follows: SECTION 4. Any person who shall be elected or appointed judge of the State Court of Candler County must, at the date of his or her election or appointment, have been a resident of Candler County for three years next preceding the beginning of his or her term of office and shall, as of such date, be at least 25 years of age and shall have been admitted to practice law for five years. The judge of the State Court of Candler County shall be a part-time judge and may engage in the private practice of law in other courts of this state and of the United States but may not practice in his or her own court or appear in any matter as to which said judge has exercised any jurisdiction. The judge of the State Court of Candler County shall be subject to discipline, removal, and involuntary retirement pursuant to Article VI, Section VII, Paragraphs VI and VII of the Constitution of Georgia of 1983. The judge of the State Court of Candler County shall receive a salary of $30,000.00 per year, payable in equal monthly installments out of the funds of Candler County, and the governing authority of Candler County shall annually make provisions by levying taxes for this purpose. The judge of the State Court of Candler

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County shall be authorized to employ a secretary who shall possess such qualifications as may be determined by said judge and to serve at the pleasure of said judge employing such secretary and who shall perform such duties and assignments as may be prescribed by the state court judge. The annual salary of said secretary shall be determined, paid, and provided by the governing authority in the same manner as for the state court judge. The judge of the State Court of Candler County, the clerk thereof, and the solicitor thereof, both full-time and part-time, are authorized to attend institutes, seminars, conferences, and other programs of an educational nature and such attendance and expense incurred in connection therewith may be paid in accordance with the provisions of Code Section 15-1-11 of the O.C.G.A. SECTION 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. STATE OF GEORGIA CANDLER COUNTY RESOLUTION PURSUANT TO a request from the State Court Judge, Ogden Doremus, to the Board of Commissioners of Candler County, the following Resolution is generated and forwarded to the Georgia General Assembly. WHEREAS, On or about January 11, 1999 the Board of Commissioners of Candler County discussed in a regular meeting a request from the State Court Judge, and; WHEREAS, sames request concerned the compensation currently paid to the State Court Judge, and; WHEREAS, it is noted the Judge is requesting the salary be increased to thirty-thousand dollars annually, and; WHEREAS, after discussion, the Board of Commissioners of Candler County consent to this request, and; NOW, THEREFORE BE IT RESOLVED, that the Board of Commissioners of Candler County do hereby request the above stated compensation to be discussed, debated and approved by the Georgia General Assembly and pray for its' adoption and signature by the Governor. The effective date of the compensation shall be on the 1st of the month following the date of the Governor's signature.

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This the 11th day of January, 1999. s/ Geo. W. Bird, III Commission Chairman s/ Pam Holland Assistant Clerk NOTICE OF LOCAL LEGISLATION You are hereby notified that there will be introduced at the 1999 Session of the Georgia General Assembly Legislation to amend a certain act establishing the State Court of Candler County, Georgia, as amended. BOARD OF COMMISSIONERS CANDLER COUNTY 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 13, 1999. (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. [UNK] 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 3702

as required by Code Section 28-1-14.1. s/ JAMES L. MARTIN Representative, 145th District Sworn to and subscribed before me, this 28th day of January, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF STONE MOUNTAINHOMESTEAD EXEMPTION; CITY TAXES; REFERENDUM. No. 53 (House Bill No. 448). AN ACT To provide a homestead exemption from certain City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of the homestead for certain residents of that city who are 62 years of age or older and whose net income together with the net income of the spouse who resides at the homestead of such resident does not exceed $10,000.00 per annum; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for 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 . (a) 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 Stone Mountain, including, but not limited to, taxes to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (3) Net income shall not include income received as retirement or survivor or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system; except such income which is in excess of the maximum

Page 3703

amount authorized to be paid to an individual and spouse under the federal Social Security Act and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this Act. (4) Senior citizen means a person who is 62 years of age or over on or before January 1 of the year in which application for the exemption under this Act is made. (b) Each resident of the City of Stone Mountain who is a senior citizen is granted an exemption on that person's homestead from all City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of that homestead owned and occupied by such resident as a residence if the resident's net income, as defined by Georgia law, as now or hereafter amended, together with the net income of the resident's spouse who also resides at and occupies such homestead does not exceed $10,000.00 for the immediately preceding taxable year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit with the governing authority of the City of Stone Mountain or the designee thereof giving the person's age, the amount of income which the resident and the resident's spouse occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Stone Mountain or the designee thereof to make a determination as to whether such person is entitled to such exemption. The governing authority of the City of Stone Mountain or the designee thereof 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. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the applicant occupies the residence as a homestead. After a person has filed the proper affidavit as provided in subsection (c) of this section, it shall not be necessary to make application and file such affidavit thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under this Act to notify the governing authority of the City of Stone Mountain or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this Act shall not apply to or affect any state taxes, county taxes, or county school district taxes for educational purposes. The homestead exemption granted by this Act shall be in addition

Page 3704

to any other homestead exemption applicable to City of Stone Mountain ad valorem taxes for city purposes. (f) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2001. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Stone Mountain 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 Stone Mountain for approval or rejection. The municipal election superintendent shall conduct that election on the date of the November, 2000, state-wide general election and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Stone Mountain. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act be approved which provides a homestead exemption from City of Stone Mountain ad valorem taxes for city purposes in the amount of $14,000.00 of the assessed value of the homestead for residents of that city who are 62 years of age or older and whose household income does not exceed $10,000.00? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of 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, 2001. 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 Stone Mountain. It shall be the municipal 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.

Page 3705

NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a Bill to provide a Homestead Exemption from certain City of Stone Mountain ad valorem taxes for city purposes; 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 law; and for other purposes. This 19 day of January, 1999. Michele Henson House District 65 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Michele Henson, who on oath deposes and says that she is the Representative from the 65th District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Champion which is the official organ of DeKalb County on the following date: January 28, 1999. (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. [UNK] 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 3706

as required by Code Section 28-1-14.1. s/ MICHELE HENSON Representative, 65th District Sworn to and subscribed before me, this 1st day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF ATLANTAURBAN ENTERPRISE ZONES; COMMERCIAL ENTERPRISE ZONES; EFFECTIVE DATES. No. 54 (House Bill No. 478). AN ACT To amend the Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), so as to change the effective date of creation and tax abatement for certain commercial enterprise zones and provide for conditions and limitations relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), is amended by striking paragraph (3) of subsection (b) of Section 8, which reads as follows: (3) A commercial zone shall exist for ten years after the effective date of its creation., and inserting in its place the following: (3) (A) Except as provided in subparagraph (B) of this paragraph, a commercial zone shall exist for ten years after the effective date of its creation. (B) This subparagraph shall apply to any commercial enterprise zone which is located within an area designated by the federal

Page 3707

government as an `empowerment zone,' where the effective date of the creation of that enterprise zone was January 1, 1996, and where the City of Atlanta issued no certificate of occupancy for any commercial space in that zone before January 1, 1999. For a commercial enterprise zone which meets these criteria, the effective date for tax abatement in such zone shall be January 1 of the year immediately following the year when a building permit for commercial development, construction, rehabilitation, or any combination thereof, is first obtained in said zone. The period of tax abatement shall begin on that effective date for tax abatement and shall remain in existence for ten years thereafter. The schedule of reduction in the exemptions provided for by paragraph (1) of this subsection shall begin on that effective date for tax abatement. In no event shall property be granted the exemption provided under this subparagraph for more than ten years. In no event shall funds already paid in taxes be retroactively reimbursed as a result of this provision. Further, in no event shall this provision provide for an effective date of tax abatement which chronologically precedes an effective date already established in law. SECTION 2 . Said Act is further amended by striking subsection (a) of Section 10 and inserting in its place a new subsection to read as follows: (a) The City of Atlanta shall establish the effective date for the creation of a zone as January 1 of the year that development is proposed to begin in the zone but after adoption by the city council of an ordinance creating the zone, unless otherwise provided in this Act. 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. Local Legislation NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend the Atlanta Urban Enterprise Zone Act approved March 24, 1988 (Ga. L. 1988, p. 4164) as amended, and for other purposes. This 29th day of January, 1999. Representative Douglas C. Dean 48th District

Page 3708

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Douglas Dean, who on oath deposes and says that he is the Representative 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 Fulton County Daily Report which is the official organ of Fulton County on the following date: January 29, 1999. (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. [UNK] 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/ DOUGLAS C. DEAN Representative, 48th District Sworn to and subscribed before me, this 3rd day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999.

Page 3709

CITY OF ATLANTAURBAN ENTERPRISE ZONES; LOCAL ENTERPRISE ZONES; EFFECTIVE DATES. No. 55 (House Bill No. 483). AN ACT To amend the Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), so as to provide the City of Atlanta with the authority to change the effective date for local enterprise zones that remain undeveloped as a result of unanticipated development impediments; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), is amended by striking subsection (a) of Section 10, which reads as follows: (a) The City of Atlanta shall establish the effective date for the creation of a zone as of January 1 of the year that development is proposed to begin in the zone but after adoption by the city council of an ordinance creating the zone., and inserting in its place the following: (a) The City of Atlanta shall establish the effective date for the creation of a zone as of January 1 of the year that development is proposed to begin in the zone but after adoption by the city council of an ordinance creating the zone. However, the city council by city ordinance may change the effective date for the creation of an already created and designated enterprise zone to January 1 of a subsequent year if that zone has remained undeveloped as a result of unanticipated development impediments. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. Local Legislation NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend the Atlanta Urban

Page 3710

Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended; and for other purposes. This 29th day of January, 1999. Representative Douglas C. Dean 48th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Douglas Dean, who on oath deposes and says that he is the Representative 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 Fulton County Daily Report which is the official organ of Fulton County on the following date: January 29, 1999. (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. [UNK] 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/ DOUGLAS C. DEAN Representative, 48th District Sworn to and subscribed before me, this 3rd day of February, 1999.

Page 3711

s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. CITY OF ATLANTAURBAN ENTERPRISE ZONES; RESIDENTIAL ENTERPRISE ZONES; EFFECTIVE DATES. No. 56 (House Bill No. 484). AN ACT To amend the Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), so as to change the effective date of creation and tax abatement for certain residential enterprise zones and provide for conditions and limitations relating thereto; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, particularly by an Act approved April 20, 1998 (Ga. L. 1998, p. 4493), and an Act approved April 23, 1998 (Ga. L. 1998, p. 4650), is amended by striking subparagraph (c)(2)(A) of Section 8, which reads as follows: (A) Except as otherwise provided in subparagraph (B) of this paragraph, a zone shall exist for ten years after the effective date of its creation., and inserting in its place the following: (A) Except as provided in subparagraphs (B), (C), and (D) of this paragraph, a residential zone shall exist for ten years after the effective date of its creation. SECTION 2 . Said Act is further amended by adding at the end of paragraph (2) of subsection (c) of Section 8 a new subparagraph to read as follows: (C) This subparagraph shall apply to any residential enterprise zone which is located within an area designated by the federal government as an `empowerment zone,' where the effective date of the creation of that enterprise zone was January 1, 1996, and where

Page 3712

the City of Atlanta issued no certificate of occupancy for any residential space in that zone before January 1, 1999. For a residential enterprise zone which meets these criteria, the effective date for tax abatement in such zone shall be January 1 of the year immediately following the year when a building permit for residential development, construction, rehabilitation, or any combination thereof, is first obtained in said zone. The period of tax abatement shall begin on that effective date for tax abatement and shall remain in existence for ten years thereafter. The schedule of reduction in the exemptions provided for by paragraph (1) of this subsection shall begin on that effective date for tax abatement. In no event shall property be granted the exemption provided under this subparagraph for more than ten years. In no event shall funds already paid in taxes be retroactively reimbursed as a result of this provision. Further, in no event shall this provision provide for an effective date of tax abatement which chronologically precedes an effective date already established in law. SECTION 3 . Said Act is further amended by striking subsection (a) of Section 10 and inserting in its place a new subsection to read as follows: (a) The City of Atlanta shall establish the effective date for the creation of a zone as January 1 of the year that development is proposed to begin in the zone but after adoption by the city council of an ordinance creating the zone, unless otherwise provided in this Act. 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. Local Legislation NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend the Atlanta Urban Enterprise Zone Act, approved March 24, 1988 (Ga. L. 1988, p. 4164), as amended, and for other purposes. This 29th day of January, 1999. Representative Douglas C. Dean 48th District

Page 3713

GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Douglas Dean, who on oath deposes and says that he is the Representative 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 Fulton County Daily Report which is the official organ of Fulton County on the following date: January 29, 1999. (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. [UNK] 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/ DOUGLAS C. DEAN Representative, 48th District Sworn to and subscribed before me, this 3rd day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999.

Page 3714

CITY OF DANIELSVILLEMAYOR AND COUNCIL; ORGANIZATIONAL MEETINGS; MAYOR'S TERM; VETO OF ORDINANCES. No. 57 (House Bill No. 544). AN ACT To amend an Act providing a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), so as to change provisions relating to the organizational meeting of the mayor and council; to correct and change certain numerical references in the Act; to revise and restate the term of the mayor; to revise and restate the time for the mayor's review of ordinances; to revise and restate the number of affirmative votes required for override of vetoes by the mayor; 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 Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), is amended by striking the words week of and inserting in place thereof the words council meeting in in Section 2.18, so that when so amended Section 2.18 shall read as follows: SECTION 2.18. Organizational meetings. The mayor and city council shall hold an organizational meeting during the last council meeting in December following each municipal election. In the event both the mayor and the mayor pro tem. are serving terms of office which are to expire on December 31 of that election year, the meeting shall be called to order by the city clerk and the oath of the office shall be administered to the newly elected members as follows: `I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the City of Danielsville 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.' Should any official-elect be absent from said meeting, she/he or they shall take the oath of office as soon as possible thereafter. SECTION 2 . Said Act is further amended by striking the word six in Section 2.27 and inserting in its place the word two, so that when so amended Section 2.27 shall read as follows:

Page 3715

SECTION 2.27. Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of two years and until the mayor's successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of this city immediately preceding the election. The mayor shall continue to reside in this city during the period of the mayor's service. The mayor shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 3 . Said Act is further amended by striking the word six where it appears in subsections (b) and (c) of Section 2.30 and inserting in place thereof the word ten in subsection (b) and the word three in subsection (c), so that when so amended said Section 2.30 shall read as follows: SECTION 2.30. Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without the mayor's approval or with the mayor's disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at 12:00 Noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of reasons for the veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next meeting. If the city council then or at its next general meeting adopts the ordinance by an affirmative vote of three members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the councilmembers over the mayor's veto as provided in this section. The reduced part or parts shall be presented to the councilmembers as though disapproved and shall not become law unless overridden by the councilmembers as provided in subsection (c) of this section.

Page 3716

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 1999 session of the General Assembly of Georgia a bill to amend an Act providing a new charter for the City of Danielsville, approved March 27, 1998 (Ga. L. 1998, p. 3632), so as to change provisions relating to the organizational meeting of the mayor and council; to correct and change certain numerical references in the Act; to revise and restate the term of the mayor, to revise and restate the time for the mayor's review of ordinances; to revise and restate the number of affirmatives votes required for override of vetoes by the mayor; to provide for related matters; to repeal conflicting laws; and for other purposes. This 14th day of January, 1999 Representative Ralph T. Hudgens 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: January 28, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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/ RALPH HUDGENS Representative, 24th District Sworn to and subscribed before me, this 9th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. NEWNAN CONVENTION CENTER AUTHORITYCREATION. No. 58 (House Bill No. 559). AN ACT To create the Newnan Convention Center 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 Newnan, 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . Short title. This Act will be known and may be cited as the Newnan Convention Center Authority Act. SECTION 2 . Definitions and references. As used in this Act, the term: (1) Area means the geographic area of the city and Coweta County.

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(2) Authority means the Newnan Convention Center Authority. (3) City means the City of Newnan. (4) Conventions means that term as defined in Article 3 of Title 48 of the O.C.G.A. (5) Special events means events which, in the judgment of the authority, will promote tourism in the area. (6) Tourism means that term as defined Article 3 of Title 48 of the O.C.G.A. (7) 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 Newnan Convention Center Authority. The authority shall be deemed to be a political subdivision of the state and a public corporation and by that name may contract and be contracted with, sue and be sued, implead and be impleaded, and bring and defend actions. Said authority shall be a convention and visitors bureau authority created by an Act of the General Assembly for a municipality for purposes of Code Section 48-13-51 of the O.C.G.A. and is intended to be an agency and instrumentality of the city and a governmental unit for purposes of Section 103 and Sections 141 and 150 of the Internal Revenue Code of 1986, as amended, and, as to the city, is intended to be a subordinated entity for purposes of Section 265(b) (3) (E) (ii) of the Internal Revenue Code of 1986, as amended. The authority shall not be a state institution nor a department or agency of the state but shall be a creation of the state, having a distinct corporate identity and being exempt from the provisions of Article 2 of Chapter 17 of Title 50 of the O.C.G.A., the Georgia State Financing and Investment Commission Act. (b) The authority shall have its principal office in the city, and its legal situs or residence for the purposes of this Act shall be the city. (c) The exercise of the powers conferred upon the authority in this Act shall constitute an essential governmental function for a public purpose. The properties of the authority, both real and personal, and the income of the authority are declared to be public properties and income used for the benefit and welfare of the people of the city and not for the purpose of private or corporate benefit, and such properties, to the extent of the authority's ownership thereof or other interest therein, and all income and obligations of the authority shall be exempt from all taxes and special assessments of the state or any city, county, or other political subdivision thereof. The authority shall have all of the exemptions and exclusions from

Page 3719

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 Coweta County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in such court which shall have exclusive, original jurisdiction of such actions. The property of the authority shall not be subject to levy and sale under legal process. The records of the authority shall be public records which are subject to Article 4 of Chapter 18 of Title 50 of the O.C.G.A. Nothing in this Act shall be construed to abridge or change the powers and duties of other authorities, departments, boards, and like agencies of the city. SECTION 4 . Members and meetings. (a) The authority shall consist of seven members who shall be natural persons who shall be at least 18 years of age and shall be residents of the city. No official or employee of the city shall serve as a member of the authority. The mayor and the city councilmembers shall appoint the members of the authority, the mayor having the right to vote on such appointments. The terms of members shall be for three years, except that in the appointment of the first members under the terms of this article, two of the members shall be appointed for a term of one year, two for a term of two years, and three for a term of three years. 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 councilmembers, and any member may be removed by majority vote of the mayor and city councilmembers, with or without cause, and neither the city nor the mayor nor any city councilmember shall be subject to any liability on account of such removal. (b) The authority shall meet at such times as may be necessary to transact the business coming before it. Meeting of the authority shall be open to the public in accordance with the laws of the state. Written minutes of all meetings shall be kept; and within ten days following every meeting, a copy of the minutes shall be furnished to the mayor and city councilmembers. Meetings shall be conducted in accordance with Robert's Rules of Order .

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(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 2000, 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 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;

Page 3721

(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. 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;

Page 3722

(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 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,

Page 3723

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 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,

Page 3724

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 contract and in tort and to complain and defend in all courts; (19) Advise and recommend plans to other public and private sector entities for the promotion of tourism, conventions, and trade shows; (20) Conduct studies and develop plans for improving tourism in the area; (21) Receive and disburse public funds appropriated by the city, including but not limited to revenues derived from the hotel-motel tax collected by the city; and to receive and disburse funds from private sources and other revenues which may be received from time to time which would assist in the accomplishment of its corporate purpose; and (22) Do all things necessary or convenient to accomplish its corporate purpose and to exercise any power permitted by the laws of the state to be exercised by private corporations which will further the 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 city councilmembers, which upon approval by the city councilmember may, in the discretion of the city councilmembers, be

Page 3725

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 city councilmembers. SECTION 9 . Bylaws. The authority may by affirmative vote of a majority of all members adopt bylaws to govern the authority, its employees, and operation and may by affirmative vote of all members repeal, replace, or amend such bylaws. SECTION 10 . Liability limited. Neither the members of the authority nor any person executing bonds, notes, leases, or other agreements or obligations on behalf of the authority shall be personally liable thereon by reason of such execution. SECTION 11 . City not bound. The authority shall have no power or authority to bind the city by any contract, agreement, financial obligation, indebtedness, or otherwise; and no contract, agreement, financial obligation, or indebtedness incurred by the authority shall ever be a claim or charge against the city, provided that both the authority and the city shall be bound to each other by contacts, agreements, financial obligations or indebtedness between themselves. SECTION 12 . Oversight. The mayor and city councilmembers 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

Page 3726

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 1999 Session of the General Assembly of Georgia a bill to create the Newnan Convention and Visitors Bureau Authority to have the responsibility and authority to promote tourism, conventions, and trade shows in Newnan, Georgia; 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 other matters relative to the foregoing; and for other purposes. This 2nd day of February, 1999. Honorable Lynn Ratigan Smith Representative, District 103 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 Times-Herald which is the official organ of Coweta County on the following date: February 4, 1999. (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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[UNK] 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/ LYNN R. SMITH Representative, 103rd District Sworn to and subscribed before me, this 4th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF CARTERSVILLECITY-OWNED UTILITIES; SALE; FRANCHISES AND CONTRACTS FOR PUBLIC UTILITIES. No. 59 (House Bill No. 632). AN ACT To amend an Act entitled An Act to reincorporate the City of Cartersville in the County of Bartow, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended, so as to change provisions relative to the sale of a city-owned utility; to change certain provisions relative to the granting of franchises and contracts for public utilities; 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 Cartersville in the County of Bartow, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended, is amended by striking in their entirety subsections (f) and (g) of Section 1.03 and inserting in lieu thereof, respectively, the following: (f) To acquire, own, construct, operate, distribute, and maintain public utilities and services including a system of waterworks, a natural gas system, sewerage system, an electrical system including, but not limited to, a community antenna television system inside or telecommu-

Page 3728

nications system inside or outside the corporate limits of said city subject to the provisions of applicable general laws. For water, gas, and electricity furnished and for all sewerage and sanitary services rendered, said city may prescribe the charges, rates, fares, fees, rules, regulations, standards, and conditions of the service to be provided. If any such charges, rates, fares, or fees are not paid, such shall constitute 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. No utility owned or operated by the City of Cartersville shall be sold unless such sale shall be first approved in a special election by a majority vote of those electors voting in said special election in the City of Cartersville. (g) To grant franchises or make contracts for public utilities and public services including, but not limited to, electricity, gas, water, cable, and telecommunications not to exceed periods of 40 years, except that no franchise shall be granted for gas, water, and electricity in any area within the corporate limits as of January 1, 1974, unless such franchise shall be first approved by the mayor and city council of the City of Cartersville. The city council may prescribe the rates, fares, regulations, standards, and conditions of service applicable to the utility or service to be provided by the franchise grantee or contractor, insofar as such are not in conflict with the regulations of the public service commission. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act entitled An Act to reincorporate the City of Cartersville in the County of Bartow, approved March 28, 1974 (Ga. L. 1974, p. 3697), as amended; and for other purposes. This 1 day of February, 1999. (s) Honorable Jeff Lewis Representative, District 14 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jeff Lewis, who on oath deposes and says that he is the Representative from the 14th District and further deposes and says as follows: (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: February 2, 1999.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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 LEWIS Representative, 14th District Sworn to and subscribed before me, this 3rd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF SUWANEENEW CHARTER. No. 60 (House Bill No. 644). AN ACT To create a new charter for the City of Suwanee; to provide for the incorporation of the City of Suwanee; to provide for the corporate limits; to provide for the corporate powers; to provide for a mayor, mayor pro tempore, and council; to provide for a city manager and other city officials and employees; to provide for organization and personnel; to provide for administrative affairs; to provide for a municipal court and judicial branch

Page 3730

and the judges, jurisdiction, practices, and procedures related thereto; to provide for penalties; to provide for certiorari; to provide for elections and removal; to provide for practices and procedures; to provide for ordinances, rules, and regulations; to provide for fiscal administration; to provide for general provisions; to provide for all or any matters relative to the foregoing; to provide an effective date; to repeal an Act to incorporate the City of Suwanee, in the County of Gwinnett, approved March 30, 1987 (Ga. L. 1987, p. 4857), as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10 . Name. The city and the inhabitants thereof are constituted and declared a body politic and corporate under the name and style City of Suwanee, 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 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 Suwanee, 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. Any subsequent annexation, deannexation, or modification in the corporate boundaries as contemplated in subsection (b) of this section shall be given full force and effect as if fully set forth in the Official Map (or Description) of the Corporate Limits of the City of Suwanee, Georgia. (b) The city council may provide for the redrawing of any such map or description by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map or description shall supersede for all purposes the entire map, maps, or description which it is designated to replace. SECTION 1.12 . Powers and construction. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely

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as though they were specifically enumerated in this charter. The city shall have all the powers of self-government not otherwise prohibited by this charter or by general law. (b) The powers of the city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of the city. SECTION 1.13 . Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II GOVERNMENT STRUCTURE SECTION 2.10 . City council creation; number; election. The legislative authority of the government of this city, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and five councilmembers. The mayor and councilmembers shall be elected in the manner provided by this charter. SECTION 2.11 . City council terms and qualifications for office. The members of the city council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city at least 180 days prior to the date of qualifying for mayor or city 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. SECTION 2.12 . Vacancy; filling of vacancies. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for in Section 5.12 of this charter.

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SECTION 2.13 . Compensation and expenses. The mayor and each councilmember shall continue to receive the compensation which was in effect for said officials on the effective date of this charter. Changes in such compensation shall be accomplished pursuant to the provisions of Code Section 36-35-4 of the O.C.G.A. SECTION 2.14 . Conflicts of interest; holding other offices. (a) Conflicts of interest . No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his 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, herself, or others; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she has a financial interest. (b) Disclosure . Any elected official, appointed officer, or employee who shall have any private financial interest, directly or indirectly, in any

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contract or matter pending before or within any department of the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) 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 or rescindable . Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Ineligibility of elected official . Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency hereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he 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. (g) Penalties for violations . (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in paragraph (1) of this subsection shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. SECTION 2.15 . Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department, office, or agency thereof and

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for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. SECTION 2.16 . General power and authority of the city council. Except as otherwise provided by this charter, the city council shall be vested with all the powers of government of this city as provided by Article I of this charter. SECTION 2.17 . Organizational meetings. The city council shall hold an organizational meeting on the first business day of January, or as otherwise practical, of each year. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows: I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor) (councilmember) of the City of Suwanee 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 2.18 . Regular and special meetings. (a) The city council shall hold regular meetings at such times and places as prescribed by ordinance. (b) Special meetings of the city council may be held on call of the mayor or three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 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 of any business transacted in such councilmember's presence. Only the business stated in the call may be transacted at the special meeting. SECTION 2.19 . Rules of procedure. (a) The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter.

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(b) All committees and committee chairpersons 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. Three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances shall be by voice vote and the vote shall be recorded in the minutes, but any member of the city council shall have the right to request a roll-call vote and such vote shall be recorded in the minutes. Except as otherwise provided in this charter, the affirmative vote of three councilmembers shall be required for the adoption of any ordinance, resolution, or motion. 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 any subject which is not expressed in its title. The enacting clause shall be The Mayor and Council of the City of Suwanee hereby ordain..... 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 may be adopted the same day it is introduced. Upon adoption of any ordinance, the clerk shall as soon as possible distribute a copy to the mayor and to each councilmember and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. SECTION 2.22 . Action requiring an ordinance. Acts of the city council which have the force and effect of law shall be enacted by ordinance. SECTION 2.23 . Emergencies. To meet a public emergency affecting life, health, property, or public peace, the city council may convene on call of the mayor or three councilmembers and promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate

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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 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. SECTION 2.24 . Codes of technical regulations. (a) The city council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of subsection (b) of Section 2.21 of this charter for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance; and (2) A copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.25 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. SECTION 2.25 . Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his or her signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. (b) The city council shall provide for the preparation of a general 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

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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 Suwanee, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the city and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The city council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at reasonable prices to be fixed by the city council. Following publication of the first code under this charter and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The city council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.26 . Election of mayor; forfeiture; compensation. The mayor shall be elected and serve for a term of four years and until his or her successor is elected and qualified. The mayor shall be a qualified elector of this city and shall have been a resident of the city for at least 180 days preceding his or her qualification for office. The mayor shall continue to reside in this city during the period of his or her service. The mayor shall forfeit his or her office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. SECTION 2.27 . Mayor pro tempore. At the organizational meeting, by a majority vote, the city council shall elect a councilmember to serve as mayor pro tempore for that ensuing year. The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's disability or absence. Any such disability or absence shall be declared by a majority vote of the city council. SECTION 2.28 . Powers and duties of mayor. The mayor shall: (1) Preside at all meetings of the city council; (2) Be at the head of the city for the purpose of service of process and for ceremonial purposes and be the official spokesperson for the city and the chief advocate of policy;

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(3) Have the power to administer oaths and to take affidavits; (4) Sign as a matter of course on behalf of the city all written and approved contracts, ordinances, and other instruments executed by the city which by law are required to be in writing; (5) Vote on matters before the city council and be counted toward a quorum as any other councilmember; and (6) Fulfill such other duties as the city council shall by ordinance establish. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10 . Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall prescribe the functions or duties and establish, abolish, or alter all nonelective offices, positions of employment, departments, and agencies of the city as necessary for the proper administration of the affairs and government of this city. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinances or as duly approved by the city council. (d) There shall be an individual (director, supervisor, department head, or other title as designated) of each department or agency who shall be its principal officer. This person, along with the police chief and city clerk, shall be subject to the direction and supervision of the city manager and be responsible for the administration and direction of the affairs and operations of the department or agency. (e) With the exception of the city clerk and police chief, the city manager shall appoint and hire all employees of the city to fill designated or approved positions, or both. The city manager shall recommend appointment or hiring of the city clerk and police chief but said individual shall be approved only by a vote of city council. (f) The city manager may reprimand, suspend, or remove any employee under his or her supervision (excluding the city clerk and police chief); provided, however, that such employee shall enjoy any right of appeal to the city council as set forth or defined by the city's personnel policies. The

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city manager may also reprimand or discipline the police chief and city clerk. If discipline leads to a recommendation of dismissal or suspension, the city manager must seek approval by a vote of four councilmembers. SECTION 3.11 . Boards, commissions, and authorities. (a) The city council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, terms of office, or manner of appointment is prescribed by this charter or by law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) Except as otherwise provided by charter or by law, no member of any board, commission, or authority shall hold any elective office in the city. (e) Any vacancy on a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed 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 he or she has executed and filed with the clerk of the city an oath obligating himself or herself to perform faithfully and impartially the duties of his or her office, such oath to be prescribed by ordinance and administered by the mayor. (g) Any member of a board, commission, or authority may be removed from office for cause by a vote of three members of the city council. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the city shall elect one of its members as chairperson and one member as vice chairperson and may elect as its secretary one of its members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations, not inconsistent with this charter, an ordinance of the city, or law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs. Copies of such bylaws, rules, and regulations shall be filed with the clerk of the city.

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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, shall be the prosecuting officer in the municipal court, shall attend the meetings of the council as directed, shall advise the city council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs, and shall perform such other duties as may be required of him or her by virtue of his or her position as city attorney. SECTION 3.13 . City clerk. The city council shall appoint a city clerk who shall not be a councilmember. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter, and perform such other duties as may be required by the city council. The city clerk's duties and responsibilities may be further defined or provided by a class specification or job description and shall include any other duties that may be assigned by the city manager. SECTION 3.14 . City treasurer. The city council shall appoint a city treasurer to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city and to enforce all laws of Georgia relating to the collection of delinquent taxes and sale or foreclosure for nonpayment of taxes by the city. The city treasurer shall also be responsible for the general duties of a treasurer and fiscal officer. SECTION 3.15 . City auditor. The city council may appoint a city auditor to perform the duties of an auditor. SECTION 3.16 . City manager. (a) The city council may appoint a city manager who shall be the chief administrative officer of the city and manage and direct the daily operations of the city government in accordance with local ordinances, law, and

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policies prescribed by the city council. The city manager shall direct the administrative activities of the city; act as focal point for strategic planning, programming, and budgeting; supervise all city employees; serve as a liaison among the city staff and governing body; assist the general public; and serve on any boards or committees. (b) The city manager shall specifically: (1) Discipline, suspend, or remove all employees, excluding the city clerk and police chief, as further provided by this charter or state law. (See subsection (f) of Section 3.10 of this charter regarding the city clerk and police chief.) The city manager may delegate said authority to the head of a department or office regarding his or her subordinates; (2) Appoint and hire, when necessary for the good of the city, all employees to fill a vacancy or approved position; provided, however, that the city council shall appoint and hire the city clerk and police chief. The city manager shall make a recommendation regarding such positions; (3) Prepare the annual operating and capital budget and any other budget and submit same to the city council and be responsible for administration of same; (4) Prepare and submit to the city council, as of the end of the fiscal year, a complete report on the finances and administrative activities of the city for the preceding year; (5) See that all laws, ordinances, and policies are duly enforced; and (6) Perform other such duties as may be required by the city council, not inconsistent with the city charter, law, or ordinances. (c) The city manager's duties and responsibilities may be further defined or provided by a class specification or job description or as assigned or designated by the city council. (d) The city manager shall serve at the pleasure of the city council and may be suspended or removed by a vote of four councilmembers. SECTION 3.17 . Position classification and pay plans. The city manager shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. Such plan may apply to all employees of the city and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the city council shall not increase or decrease the salary range applicable to any position except by amendment of such pay

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plan. For purposes of this section, all elected and appointed city officials are not city employees. SECTION 3.18 . Personnel policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of 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 Suwanee. 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. All judges shall be appointed by the city council. (b) Compensation of the judge or judges shall be fixed by ordinance. (c) 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 his or her office to the best of his or her ability and without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council.

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SECTION 4.12 . Convening. The municipal court shall be convened at regular intervals as provided by the court. SECTION 4.13 . Jurisdiction; powers. (a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law. (b) The municipal court shall have the authority to punish those in its presence for contempt and to impose any penalty allowed under state law. (c) The municipal court may fix punishment for offenses within its jurisdiction and may fix punishment by fine, imprisonment, or alternative sentencing so as to not exceed an amount or length as now or hereafter provided by state law. (d) The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the actual cost of meals, transportation, and caretaking of prisoners bound over to superior and state courts for violation of state law. (e) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety bond for the appearance of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution shall be issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. 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. 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 Gwinnett County, under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

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SECTION 4.15 . Rules for court. With the approval of the city council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the city council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS AND REMOVAL SECTION 5.10 . 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 5.11 . Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. SECTION 5.12 . Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the city council or those 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 2 of Title 21 of the O.C.G.A., the Georgia Election Code. SECTION 5.13 . Other provisions. Except as otherwise provided by this charter, the city council shall, by ordinance, prescribe such rules and regulations as it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code.

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SECTION 5.14 . Removal of officers. (a) The mayor, councilmembers, or other appointed officers provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance, or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violating any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. (b) Removal of an officer pursuant to subsection (a) of this section shall be accomplished by one of the following methods: (1) By the vote of three councilmembers after an investigative hearing. In the event an elected officer is sought to be removed by the action of the city council, such officer shall be entitled to a written notice specifying the ground or grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. An 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 Gwinnett 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 Gwinnett County following a hearing on a complaint seeking such removal brought by any resident of the City of Suwanee. 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

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interest on general obligations, and for any other public purpose as determined by the city council in its discretion. SECTION 6.11 . Millage rate; due dates; payment methods. The city council by ordinance shall establish a millage rate for the city property tax, a due date, and the time period within which these taxes must be paid. The city council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize the voluntary payment of taxes prior to the time when due. SECTION 6.12 . 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 6.13 . 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 6.14 . 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 6.15 . 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 2.25 of this charter.

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ARTICLE VII GENERAL PROVISIONS SECTION 7.10 . Bonds for officials. The officers and employees of this city, both elected and appointed, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the city council shall from time to time require by ordinance or as may be provided by law. SECTION 7.11 . Existing ordinances, resolutions, rules, and regulations. Existing ordinances, resolutions, rules, and regulations now in force in the city not in conflict with this charter shall continue in force, unless repealed or amended. 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. SECTION 7.13 . Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such city agencies, personnel, or offices as may be provided by the city council. SECTION 7.14 . Construction. (a) Section captions in this charter are informative only and shall not be considered as a part thereof. (b) The word shall is mandatory and the word may is permissive. (c) The singular shall include the plural, the masculine shall include the feminine, and vice versa. (d) The phrase city council shall denote the governing body of the City of Suwanee which comprises five councilmembers and a mayor unless the mayor is specifically excepted from this group, which group shall then mean the five councilmembers. Unless otherwise specified, all votes and

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actions taken by the governing body of the city shall consist of and include the five councilmembers and the mayor. SECTION 7.15 . Effective Date. This charter shall become effective on July 1, 1999. SECTION 7.16 . Specific repealer. An Act incorporating the City of Suwanee in the County of Gwinnett, approved March 30, 1987 (Ga. L. 1987, p. 4857), as amended, is repealed in its entirety. Nothing in this Act shall affect the Act providing for a homestead exemption from City of Suwanee ad valorem taxes, approved April 17, 1992 (Ga. L. 1992, p. 6524). SECTION 7.18 . General repealer. All laws and parts of laws in conflict with this Act are repealed. A RESOLUTION/ORDINANCE ADOPTING A NEW CHARTER FOR THE CITY OF SUWANEE; AUTHORIZING THE CITY ATTORNEY TO FACILITATE THE INTRODUCTION OF LOCAL LEGISLATION CONCERNING SAME; AND OTHER PURPOSES WHEREAS, the Mayor and Council of the City of Suwanee are desirous of making necessary revisions in its current Charter to better reflect the organizational structure of the City including the position of City Manager and to incorporate changes and modifications in state law since adoption of the current Charter in 1987; WHEREAS, the Mayor and Council has solicited public input regarding same and held a public hearing to accept comment on the proposed new Charter; WHEREAS, the Mayor and Council desire to authorize the City Attorney to facilitate passage of said new Charter during the 1999 General Assembly Legislative Session and to have same introduced as local legislation; NOW THEREFORE, be it resolved and it is hereby resolved that the Mayor and Council of the City of Suwanee hereby approves, adopts and desires to be introduced at the regular 1999 session of the General Assembly of the State of Georgia local legislation to create a new Charter for the City of Suwanee (as set forth fully herein as Exhibit A and incorporated by reference) to provide for the incorporation of the City of Suwanee; to provide for the corporate limits; to provide for the corporate

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powers; to provide for a mayor and council; to provide for a City Manager; to provide for elections; to provide for organization and personnel; to provide for fiscal administration; to provide for all or any matters relative to the foregoing; to repeal an Act to incorporate the City of Suwanee, approved March 30, 1987 (Ga. L. 1987, p. 4857), to repeal conflicting laws; and for other purposes. The City Attorney shall be authorized to facilitate such passage. APPROVED AND ADOPTED THIS 7th DAY OF JANUARY, 1999. SUWANEE CITY COUNCIL, A GEORGIA MUNICIPAL CORPORATION s/ By: Christopher R. Yoder Chris Yoder, Mayor s/ By: James M. Burnette Jimmy Burnette, Councilman s/ By: Andrew Krieman Andrew Krieman, Councilman s/ By: Jeannie Rispin Jeannie Rispin, Councilperson s/ By: Alex Stone Alex Stone, Councilman s/ David Williams Dave Williams, Councilman ATTESTED TO BY: s/ Hardin Watkin Lisa G. Pendley, City Clerk APPROVED AS TO FORM BY: s/ Gregory D. Jay, City Attorney CHANDLER BRITT, LLC 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 1999 session of the General Assembly of Georgia local legislation to create a new charter for the City of Suwanee; to provide for the incorporation of the City of Suwanee; to provide for the corporate limits; to provide for the corporate powers; to provide for a mayor and council; to provide for a City Manager; to provide for elections; to provide for organization and personnel; to provide for fiscal administration; to provide for all or any matters relative to the

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foregoing; to repeal an Act to incorporate the City of Suwanee, approved March 30, 1987 (Ga. L. 1987, p. 4857), 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 providedto the governing authorities of Gwinnett County at the timethis notice is being published. This 11th day of January, 1999. CHANDLER AND BRITT, LLC CITY ATTORNEYS GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby C. Reese, 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 15, 1999. (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. [UNK] 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 C. REESE Representative, 85th District Sworn to and subscribed before me, this 9th day of February, 1999.

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s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. BALDWIN COUNTYBOARD OF EDUCATION; DISTRICTS; ELECTIONS; TERMS. No. 61 (House Bill No. 647). AN ACT To amend an Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 5965), so as to change the composition of education districts from which members of the board of education are elected; to provide for the election of members; to provide for terms of office; to provide procedures; to provide for the submission of this Act to the United States Attorney General; to repeal a specific law; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the election of members of the board of education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 5965), is amended by striking subsection (b) of Section 2 in its entirety and inserting in lieu thereof a new subsection to read as follows: (b) All members of the board of education of Baldwin County who are in office on January 1, 1992, shall serve for the remainder of their unexpired terms to which they were elected. At the November general election in 1992, members shall be elected to represent Education Districts 2, 3, and 4. The persons elected to such education districts at such election shall take office on January 1, 1993, for terms of office of four years and until their successors are elected and qualified. At the November general election in 1994, members shall be elected to represent Education Districts 1 and 5. The persons elected at such election shall take office on January 1, 1995, for terms of office of four years and until their successors are elected and qualified. Thereafter, successors shall be elected in the general election in the year in which the terms of office expire and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. Beginning with the primaries

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and elections to be held in 2000, all members of the board of education of Baldwin County shall be nominated and elected by the voters of Baldwin County in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the O.C.G.A. SECTION 2 . It shall be the duty of the attorney of the board of education of Baldwin County to submit this Act to the United States Attorney General for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to provide for the nonpartisan election of members of the Baldwin County Board of Education; and for other purposes. This 26th day of January, 1999 Bobby E. Parham Representative Bobby Eugene Parham 122nd District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby E. Parham, who on oath deposes and says that he is the Representative from the 122nd 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 29, 1999. (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. [UNK] 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 15th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. MERIWETHER COUNTYBOARD OF EDUCATION; MEMBERS; PER DIEM ALLOWANCE. No. 62 (House Bill No. 655). AN ACT To amend an Act reconstituting the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended by an Act approved April 5, 1993 (Ga. L. 1993, p. 4295), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3559), so as to provide a per diem allowance for the members of such board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act reconstituting the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended by an Act

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approved April 5, 1993 (Ga. L. 1993, p. 4295), and an Act approved March 27, 1998 (Ga. L. 1998, p. 3559), is amended by striking Section 3.1 and inserting a new section in lieu thereof to read as follows: SECTION 3.1. The members of the board of education shall, when approved by the board, receive a per diem 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, plus reimbursement for actual expenses necessarily incurred in connection therewith. 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 1999 Session of the General Assembly of Georgia a bill to amend an Act reconstituting the Meriwether County Board of Education, approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, so as to provide a per diem allowance for the members of such board; and for other purposes. This second day of January, 1999. Carl Von Epps Representative 131st District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Von Epps, who on oath deposes and says that he is 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 5, 1999. (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. [UNK] 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 12th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CHEROKEE COUNTYBOARD OF ELECTIONS AND REGISTRATION; TERMS. No. 63 (House Bill No. 661). AN ACT To amend an Act creating a board of elections and registration for Cherokee County, approved April 4, 1991 (Ga. L. 1991, p. 3830), so as to implement a system of staggered terms of office for the members of the board; to provide for the expiration of terms of certain members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a board of elections and registration for Cherokee County, approved April 4, 1991 (Ga. L. 1991, p. 3830), is amended by striking

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subsection (c) of Section 2 and inserting in its place a new subsection (c) to read as follows: (c) (1) The two party appointed members of the board who are serving as such on January 1, 1999, specifically Thomas Freeman and Cindy Allen-Castello and any person selected to fill a vacancy in any such office whose term of office would normally expire on December 31, 2002, shall continue to serve as such members for terms of office which expire December 31, 2000, and upon the appointment and qualification of their respective successors. (2) The remaining two party appointed members of the board and the fifth member who are serving as such on January 1, 1999, and any person selected to fill a vacancy in any such office shall continue to serve as such members for terms of office which expire on December 31, 2002, and upon the appointment 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 appointed as provided in paragraphs (1) and (2) of subsection (b) of this section, shall take office the first day of January immediately following that appointment, 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 appointed and qualified. SECTION 2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act creating a board of elections and registration for Cherokee County, approved April 4, 1991 (Ga. L. 1991, p. 3830); and for other purposes. This 2nd day of February, 1999. 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 5, 1999.

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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. [UNK] 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 8th day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. TOWN OF JUNCTION CITYNEW CHARTER. No. 64 (House Bill No. 673). AN ACT To provide a new charter for the Town of Junction City; 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

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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, 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 definitions and construction; to provide for other matters relative to the foregoing; to provide for severability; to repeal an Act to incorporate the Town of Junction City, in Talbot County, State of Georgia, approved August 21, 1906 (Ga. L. 1906, p. 826), and all amendatory Acts thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I INCORPORATION AND POWERS SECTION 1.10 . Name. This town 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 Town of Junction City, Georgia, and by that name shall have perpetual succession. SECTION 1.11 . Corporate boundaries. (a) The corporate boundaries of this town shall be those existing on the effective date of the adoption of this charter, as follows: All that certain tract or parcel of land situate lying and being in Talbot County, Georgia and being described further as follows: Beginning at the store built by the Perkins Lumber Company as it stood on August 21, 1906, which was used by said firm as a commissary, and extending in every direction one mile from the said point,

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excepting that on which is known the Paschal side of Junction City, which is the west and northwest side of Junction City, the corporate limits shall extend only to the east line of the land known on August 17, 1908 as the Miss Mattie Miller land, with such alterations as may be made from time to time in the manner provided by law. 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 . 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 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 general law and 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 mayor and members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. No

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person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the 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) VacanciesThe 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 vacanciesA 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 5.15 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 councilmembers shall receive compensation and expenses for their services as provided by ordinance. SECTION 2.14 . Holding other offices; voting when financially interested. (a) 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) Except as authorized by law, the mayor or any councilmember shall not hold any other town office or town employment during the term for which that person was elected. (c) Neither the mayor nor any member of the town council shall vote upon, sign, or veto any ordinance, resolution, contract, or other matter in which that person is financially interested. 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

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production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be punished as provided by ordinance. SECTION 2.16 . General 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, 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 three members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be 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

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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. (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 ordinance, 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 Junction City..... and every ordinance shall so begin.

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(b) An ordinance may be introduced by any councilmember and be read at a regular or special meeting of the town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, except for emergency ordinances provided for in Section 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. 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 three councilmembers and may promptly adopt an emergency ordinance, but such ordinance may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money except for loans to be repaid within 30 days. An emergency ordinance shall be introduced in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted, with or without amendment, or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmembers shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 30 days following the date upon which it was adopted, but this shall not prevent reenactment of the ordinance in the manner specified in this section if the emergency still exists. An emergency 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.

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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. 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 Junction City, 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.

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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 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 . 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 assume the duties and powers of the mayor during the mayor's physical or mental disability or absence. Any such absence or disability shall be declared by majority vote of the town council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. SECTION 2.29 . 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 and be counted toward a quorum as any other council member; (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.

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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 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.

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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 serves at will and may be removed at any time by a vote of three 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 providing for the representation and defense of 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, 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 such person's position as town attorney. SECTION 3.13 . Town clerk. The town council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal

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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. 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 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 3.15 . 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 Town of Junction City. 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. (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

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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 $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, including additional fines and imprisonment as may be provided by general law in excess of those provided in this subsection. (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. 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 Talbot 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 whole 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 2 of Title 21 of the O.C.G.A., the Georgia 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

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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. SECTION 5.13 . Election of mayor by plurality vote. The person receiving the highest number of votes cast for the office of mayor shall be elected. 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 mayor or councilmember shall become vacant as 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 2 of Title 21 of the O.C.G.A., the Georgia 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 2 of Title 21 of the O.C.G.A., the Georgia Election Code. 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

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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 Talbot 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 Talbot County following a hearing on a complaint seeking such removal brought by any resident of the Town of Junction City. ARTICLE VI FINANCE SECTION 6.10 . Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town that is subject to such taxation by the state and county. This tax is for the purpose of raising revenues to defray the costs of operating the town government, of providing governmental services, for the repayment of principal and interest on general obligations, and for any other public purpose as determined by the town council in its discretion. SECTION 6.11 . Millage rate; due dates; payment methods. The town council by ordinance shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council by ordinance may provide for the payment of these taxes by installments or in one lump sum, as well as authorize 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

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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 6.17 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 6.17 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. SECTION 6.15 . Service charges. The town council by ordinance shall have the power to assess and collect fees, charges, and tolls for water, sewers, sanitary and health services, fire protection, garbage collection, 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 6.17 of this charter.

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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 6.17 of this charter. SECTION 6.17 . Collection of delinquent taxes and fees. The town council by ordinance may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.16 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 6.18 . 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 6.19 . 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 6.20 . 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 6.21 . Lease-purchase contracts. The town may enter into multiyear lease, purchase, or lease-purchase contracts for the acquisition of goods, materials, real and personal

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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 6.22 . Fiscal year. The town council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, agency, and activity of the town government. SECTION 6.23 . Preparation of budgets. The town council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement plan, and a capital budget, including requirements as to the scope, content, and form of such budgets and plans. SECTION 6.24 . 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 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 other pertinent comments and information. The operating budget, the capital budget provided for in Section 6.28 of this charter, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. SECTION 6.25 . Action by town council on budget. (a) The town council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. The total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues.

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(b) The town council shall by ordinance adopt the final operating budget for the ensuing fiscal year not later than the thirtieth day prior to the beginning 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 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. 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. SECTION 6.28 . 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

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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 thirtieth day prior to the beginning of each fiscal 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 6.29 . Independent 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 annual audit reports shall be available at printing costs to the public. SECTION 6.30 . Contracting procedures. No contract with the town shall be binding on the town unless: (1) It is in writing; (2) It is drawn 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 6.31 . Centralized purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town.

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SECTION 6.32 . Sale 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 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 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 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 Junction City in the County of Talbot, approved August 21, 1906 (Ga. L. 1906, p. 826), is hereby repealed in its

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entirety and all amendatory Acts thereto are likewise repealed in their entirety. SECTION 7.17 . Effective date. This Act shall become effective on July 1, 1999. 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 1999 session of the General Assembly of Georgia a bill to enact a new charter for the Town of Junction city, and to repeal the existing charter approved August 21, 1906 (Ga. L. 1906, p. 826), as amended; and for other purposes. This 8th day of February, 1999. Frank J. Jordan, Jr. Town Attorney Town of Junction City P.O. Box 456 Talbotton, Georgia 31827 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carolyn F. 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 11, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK]_ 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/ CAROLYN F. HUGLEY Representative, 133rd District Sworn to and subscribed before me, this 16th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. FULTON COUNTYSTATE COURT; CHIEF CLERK; COURT ADMINISTRATOR. No. 65 (House Bill No. 688). AN ACT To amend an Act creating a State Court of Fulton County by consolidating the Criminal Court of Fulton County and the Civil Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4052), so as to change the provisions relating to the chief clerk of that court; to provide for a court administrator for said court and provide for election, compensation, duties, and powers; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a State Court of Fulton County by consolidating the Criminal Court of Fulton County and the Civil Court of Fulton County, approved March 24, 1976 (Ga. L. 1976, p. 3023), as amended, particularly by an Act approved March 12, 1984 (Ga. L. 1984, p. 4052), is amended by

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striking Section 7 in its entirety and substituting in lieu thereof a new Section 7 to read as follows: SECTION 7. (a) There shall be a chief clerk of the State Court of Fulton County who may be responsible for the operation of the civil and criminal divisions of the court. The chief clerk shall be elected by the judges of the court. The chief clerk shall serve at the pleasure of such judges. The chief clerk shall receive such compensation as may be fixed by the Board of Commissioners of Fulton County. The chief clerk shall have such powers and duties as may be prescribed by the judges of the state court. Such chief clerk may also serve as the clerk of the civil division of the court and as clerk of the criminal division of the court. (b) There shall be a court administrator of the State Court of Fulton County, with such administrative duties and responsibilities as shall be assigned to him or her by the chief judge of said court. The court administrator of the State Court of Fulton County shall be elected by the judges of the court. The court administrator of the State Court of Fulton County shall serve at the pleasure of such judges. The court administrator of the State Court of Fulton County shall receive such compensation as may be fixed by the Board of Commissioners of Fulton County. The court administrator of the State Court of Fulton County shall have such powers and duties as may be prescribed by the judges of the state court. SECTION 2 . This Act shall become effective on January 1, 2000. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCED LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amended an Act creating a State Court of Fulton County by consolidating the Criminal court of Fulton County and the Civil Court of Fulton County, approved March 24, 1976 (Ga. Laws 1976, p. 3023), as amended, particularly by an Act Approved March 2, 1984 (Ga. Laws 1984, p. 4052); and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who on oath deposes and says that he is the Representative from the 47th 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 Fulton County Daily Report which is the official organ of Fulton County on the following date: February 8, 1999. (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. [UNK]_ 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/ JIM MARTIN Representative, 47th District Sworn to and subscribed before me, this 16th day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. FULTON COUNTYMAGISTRATE COURT; NUMBER OF MAGISTRATES. No. 66 (House Bill No. 690). AN ACT To amend an Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended,

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particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4957), and an Act approved April 7, 1992 (Ga. L. 1992, p. 5733), so as to change the number of magistrates in Fulton County; to provide the procedure in connection with the appointment of new magistrates and provide for terms of office; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the appointment of magistrates in Fulton County, approved March 18, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4957), and an Act approved April 7, 1992 (Ga. L. 1992, p. 5733), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: SECTION 1. The number of magistrates authorized for the Magistrate Court of Fulton County shall be eight magistrates. SECTION 2 . Said Act is further amended by striking subsection (a) of Section 2 in its entirety and inserting in lieu thereof a new subsection (a) to read as follows: (a) On the effective date of this Act, the five persons holding office as magistrates of Fulton County shall continue to hold office for the balance of the term for which they have been appointed, which will expire on December 31, 1999. The three additional magistrates authorized by this Act shall be selected by majority vote of the judges of the State Court of Fulton County for terms expiring on December 31, 2003. Successors to all magistrates shall be selected by a majority of the judges of the State Court of Fulton County for terms as provided by general law. SECTION 3 . This Act shall become effective on January 1, 2000. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed.

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NOTICE OF INTENTION TO INTRODUCED LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amended an Act providing for the appointment of magistrates in Fulton County, approved March 19, 1983 (Ga. L. 1983, p. 4373), as amended, particularly by an Act approved March 28, 1984 (Ga. L. 1984, p. 4957, and by an approved April 7, 1992 (Ga. L. 1992, p. 5733); and for other purposes. GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jim Martin, who on oath deposes and says that he is the Representative 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 Fulton County Daily Report which is the official organ of Fulton County on the following date: February 8, 1999. (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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[UNK]_ 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/ JIM MARTIN Representative, 47th District Sworn to and subscribed before me, this 16th day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. THOMAS COUNTYBOARD OF COMMISSIONERS; CHAIRPERSON AND MEMBERS; COMPENSATION; OFFICERS; CLERK. No. 67 (House Bill No. 691). AN ACT To amend an Act creating a board of commissioners for the County of Thomas, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved February 18, 1977 (Ga. L. 1977, p. 2707), and an Act approved March 13, 1978 (Ga. L. 1978, p. 3264), so as to change the compensation of the chairperson and other members of the board of commissioners of Thomas County; to change provisions relating to the selection of chairperson, vice chairperson, and clerk; 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 for the County of Thomas, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly

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by an Act approved February 18, 1977 (Ga. L. 1977, p. 2707), and an Act approved March 13, 1978 (Ga. L. 1978, p. 3264), is amended by striking Section 5 thereof in its entirety and substituting in lieu thereof a new Section 5 to read as follows: SECTION 5. Be it further enacted by the authority aforesaid, that the board of commissioners shall meet at the county site for the transaction of county business at least once in each month, but may meet in extraordinary session as often as the affairs of the county may require, and at all such meetings, five members shall constitute a quorum. The members of the board shall, at the first regular meeting each vear, select one of their number to act as chairperson, who shall preside at all meetings of the board. The chairperson shall have authority to summon witnesses and compel their attendance and to administer oaths and take testimony in all matters relating to the business of the county. At the same meeting, there shall be chosen one of the members to serve as vice chairperson, who shall preside over meetings in the absence of the chairperson and have the chairperson's powers when acting as chairperson. At the same meeting, there shall also be chosen a suitable person to serve as clerk, whose duty it shall be to attend all meetings of the board and to keep a full record of its proceedings and who shall serve at the pleasure of the board. It shall be the duty of the sheriff of the county, when required by the chairperson, to attend all meetings of the board, to preserve order, and to carry out the instructions of the board. SECTION 2 . Said Act is further amended by striking Section 7 thereof in its entirety and substituting in lieu thereof a new Section 7 to read as follows: SECTION 7. The member of the board of commissioners of Thomas County, who is the chairperson thereof, shall be compensated in the amount of $400.00 per month, and the remaining members of the board shall be compensated in the amount of $300.00 per month, payable monthly. All of such compensation and expenses shall be payable from the funds of Thomas County. The board of commissioners shall submit through its chairperson to the grand jury of the county at the spring term of the superior court in each year a written statement of all matters relating to the financial condition of the county, its roads, bridges, public buildings, and paupers, with suggestions in regard to county affairs as it deems proper to make. The records of the proceedings of the board shall be open at all times to inspection by any citizen of the county. Each outgoing board member shall turn over at the expiration of his or her term of office all records, books, papers and other property of the county to his or her successor in office.

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SECTION 3 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. February 11, 1999 The Honorable John Bulloch 601 L.O.B. Atlanta, GA 30334 Dear Representative Bulloch: We the undersigned Commissioners of Thomas County do hereby indicate our unanimous support for two local acts pending approval in the General Assembly: 1.) A local act to establish an Emergency Services Authority consolidating fire, emergency medical and dispatching services for Thomas County and the City of Thomasville. 2.) A local act to increase the compensation for County Commissioner's and to require election of a County Commission Chairman every year. Attached and part hereto is a copy of Thomas County Board minutes of 03-23-98 and 01-12-99 and a copy of a City of Thomasville resolution approving the establishment of an Emergency Services Authority. Your support of our efforts is appreciated. s/Josh G. Herring Chairman Josh Herring s/Moses L. Gross Commissioner Moses Gross s/Ricky Smith Commissioner Ricky Smith s/Karl Abrams Commissioner Karl Abrams s/I. L. Mullins Vice-Chairman I.L.Mullins s/Bobby D. Brown Commissioner Bobby Brown s/Jim Miller Commissioner Jim Miller s/Tim Sherrod Commissioner Tim Sherrod

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February 16, 1999 Representative John Bulloch 601 Legislative Office Building Atlanta, Georgia 30334 Dear Representative Bulloch: I am writing to advise you that the Board of Commissioners agree that LC 241373 should become effective upon signature of the governor. Yours truly, s/ Josh G. Herring Josh G. Herring Chairman, Thomas County Board of Commissioners JH/bd NOTICE OF INTENT TO INTRODUCE LOCAL LEGISLATION YOU ARE HEREBY NOTIFIED that Thomas County amends to request introduction of local legislation to do the following; 1 to create Emergency Services Board to be responsible for delivery of the protection E911 services, emergency medical services and other emergency services throughout all of Thomas County and its municipalities. 2 to change compensation for members of the Thomas County Board of Commissioners to $300.00 and for the Chairperson of the Thomas County Board of Commissioners to $400.00 and 3 to provide for the annual election of the chairperson vice chairperson and clerk R. BRUCE WARREN Attorney for Thomas County WHITEHURST, BLACKBURN WARREN KELLEY 809 South Broad Street Thomasville, GA 31782 GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John Bulloch, 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 12, 1999.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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/ JOHN BULLOCH Representative, 180th District Sworn to and subscribed before me, this 16th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF VARNELLMAYOR AND COUNCIL; ELECTIONS; TERMS; COMMUNITY SERVICE DEPARTMENT; ORDINANCES; AUDITS; PURCHASES. No. 68 (House Bill No. 693). AN ACT To amend an Act providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), so as to change the corporate boundaries of such city; to change provisions relating to time of election, taking of office, and terms of office for the mayor and councilmembers; to

Page 3791

create a Community Service Department; to change provisions relating to ordinance procedures; to change provisions relating to audits and purchasing; to provide for other 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 providing a new charter for the City of Varnell, approved May 4, 1992 (Ga. L. 1992, p. 6670), is amended by designating the first paragraph of Section 1.11, following the catchline Corporate boundaries., as subsection (a) and adding following said subsection a new subsection to read as follows: (b) In addition to the territory included within the corporate boundaries of the City of Varnell pursuant to subsection (a) of this section, the following described territory shall also be included within the corporate boundaries of the City of Varnell: Parcel Numbers 208-11-1 and including all the right of way of all the streets in Kinnamon Estates which are Kinnamon Drive, Alma Lane, and Callie Circle., and additionally, 11-209-01-000, 11-225-02-000 and including all of the right of way of Ga. Hwy. 2 from the west line of Land Lot 208 to the south line of Land Lot 210., and additionally, 11-189-01-005, 11-189-01-004, 11-189-01-006, 11-207-02-000 and including all of the right of way of the Southern Railroad from the south line of Land Lot 189 to the north line of Land Lot 154., and the one foot retained property strip as previously owned or now owned by Macro Properties Corp., Nob North, Inc., or Dalton Federal Savings and Loan Association as it exists along the south line of Land Lot 190 and 191 from the west line of Land Lot 190 to the west right of way line of Country Way., and additionally, all of the Varnell Cemetery Phase 3, and all of the Varnell Cemetery Phase 4 along with all of the right of way of Cemetery Drive from Ga. Hwy. 2 to East Main Street., and additionally, 11-225-26-000, 226-11-1 and all of the right of way of Ga. Hwy. 2 from the east right of way line of the Southern Railroad to the intersection of East Main Street and Ga. Hwy. 2., and additionally, 11-208-3, 11-208-13-000, 11-208-08-000, 11-188-12-000, 11-188-01-000, 11-188-14-000, 11-188-08-000, 11-188-02-000, 11-152-10-000, 11-152-04-000, 11-173-17-000(Less Lot No. 10), 11-173-20-000, 11-173-17-011, and including all of the right of way of the Cohutta/Varnell Road from a bridgeat the south property line of Parcel No. 208-11-3 to the south property line of Parcel No. 152-11-2., and including all of the right way of Vicmiron Drive in Coker Farm Subdivision from the east right of way line of the Cohutta/Varnell Road to the west property line of Lot No. 7, including the culdesac., and additionally, 11-189-02-111, 11-189-02-066, 11-189-02-078, 11-189-02-111, 11,189-02-036, 11-189-02-064, 11-189-02-060, 11-189-02-086, 11-189-02-028, 11-189-02-071, 11-189-02-099,

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11,189-02-085, 11-172-01-027, 11-189-02-070, 11-189-02-022, 11-189-02-092, 11-189-02-017, 11-189-02-023, 11-172-01-003, 11-189-02-069, 11-172-01-005, 11-172-01-004, 11-189-02-077, 11-172-01-026, 11-172-01-016, 11-172-01-006, 11-189-02-041, 11-172-01-024, 11-172-01-015, 11-172-01-025, 11-172-01-002, 11-189-02-087, 11-189-02-102, 11-189-02-038, 11-189-02-040, 11-189-02-039, 11-172-02-001, 11-172-02-005, 11-172-02-015, 11-189-02-068, 11-172-01-007, 11-189-02-104, 11-172-01-028, 11-172-01-012, 11-172-01-013, 11-189-02-098, 11-189-02-061, 11-172-01-011, 11-172-02-028, 11-172-02-002, 11-172-02-029, 11-172-01-018, 11-172-02-030, 11-172-02-004, 11-172-02-019, 11-172-02-013, 11-172-02-031, 11-172-02-036, 11-172-01-030, 11-172-01-017, 11-172-02-009, 11-189-02-100, 11-172-01-029, 11-172-02-007, 11-172-02-018, 11-172-02-027, 11-172-02-026, 11-172-02-025, 11-172-02-035, 11-189-02-065, 11-172-02-010, 11-189-02-095, and including all of the right of way of Village Drive from the north right of way line of the Cohutta/Varnell Road around the loop back to the east right of way line of Village Drive., and including all of the right of way of Village Place from the east right of way line of Village Drive to the end of the street and including the culdesac., and additionally, 11-189-02-050, 11-189-02-005, 11-189-02-049, 11-189-02-010, 11-189-02-008, 11-189-02-011, 11-189-02-002, 11-189-02-003, 11-189-02-054, 11-189-02-012, 11-189-02-053, 11-189-02-073, 11-189-02-045, 11-189-02-046, 11-189-02-047, 11-189-02-013, 11-189-02-006, 11-189-02-009, 11-189-02-051, 11-189-02-089, 11-189-02-033, 11-189-02-062, 11-189-02-055, 11-172-01-014, 11-189-02-007, 11-189-02-043, 11-189-02-110, and including all of the right of way of West Parliament Drive from the west right of way line of Village Drive to the south property line of Parcel No. 11-189-005-000., and additionally, 11-189-02-016, 11-189-02-084, 11-189-02-093, 11-189-02-101, and including all of the right of way of Kings Row from the east right of way line of West Parliament Drive to the east property line of Lot No. 85 and Lot No. 114, and including the culdesac at the end of the street., and additionally, 11-189-02-019, 11-189-02-076, 11-189-02-035, 11-189-02-031, 11-189-02-032, 11-189-02-029, 11-189-02-034, 11-189-02-026, 11-189-02-025, 11-189-02-030, 11-189-02-021, 11-189-02-024, 11-189-02-088, 11-189-02-090, and including all of the right of way of Abbey Lane from the south right of way line of Kings Row to the north right of way line of South Parliament Drive., and including all the right of way of South Parliament Drive from the east right of way line of Village Drive to the west property line of Lot No. 63 and Lot No. 103., and additionally, 11-244-08-000, 11-225-14-000, 11-225-30-000, 11-225-29-000, 11-260-02-000, 11-261-18-000, 11-244-05-000, 11-261-07-000, 11-261-20-000, 11-261-24-000, 11-261-05-000, 11-244-10-000, 11-259-01-158, 11-261-04-000, 11-259-05-000, 11-261-17-000, 11-259,-03-000, 11-282-2 along with all the right of way of Vinyard Drive and all future streets within the Mae G. Reed Estate Subdivision., and including all of the right of way of Ga. Hwy. 201 from the north property line of Parcel No. 11-225-14-000 to where the west

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property line of Parcel No. 11-282-2 intersects with the south right of way line of Ga. Hwy. 201 at a branch., and including all of the right of way of the Southern Railroad from the north property line of Parcel No. 11-225-14-000 to the south line of Land Lot 261., and including all of the right of way of Reed Road from the north right of way line of Sagamore Drive at the southeast corner of subdivision lot 187 to the intersection of Reed Road with Rauschenburg Road and New Hope Road., and additionally, 11-243-09-000, 11-243-12-000, and including all of the right of way of Meers Road from the south right of way line of Ga. Hwy. 2 to the south line of Land Lot 243., and additionally, 11-226-10-000, 11-226-05-000, 11-227-03-000, 11-226-08-000, 11-227-03-000, and including all of the right of way of Upper Varnell Road from the north right of way line of Ga. Hwy. 2 to the west right of way line of Ga. Hwy 71., and additionally, 11-155-01-018, 11-155-01-025, 11-155-01-027, 11-155-01-023, 11-155-01-026, and including all of the right of way of Marla Drive from the east property line of Lot No. 20 and Lot No. 21 of the C. E. Colvin Farm Subdivision to the west right of way line of Ga. Hwy. 71., and additionally, 11-190-02-114, 11-190-02-212, 11-190-02-031, 11-190-02-001, 11-228-01-001, and including all of the right of way of Ga. Hwy. 71 from the intersection of the south property line of Parcel No. 11-155-01-008 with the west right of way line of Ga Hwy 71 to the intersection of the north property line of Parcel No. 11-229-01-009 with the east right of way line of Ga. Hwy 71., and additionally, 11-229-03-016, 11-229-03-009, 11-229-03-018, 11-229-03-004, 11-229-03-017, 11-229-03-008, 11-229-03-015, 11-229-03-028, 11-229-03-022, and including all of the right of way of Wheat Drive from the east right of way line of Ga. Hwy. 71 to the north right of way line of Ga. Hwy. 2., and additionally, 11-228-05-004, 11-228-05-009, 11-228-05-010, 11-228-05-005, 11-228-05-008, 11-228-06-012, 11-228-06-009, 11-228-06-013, 11-228-06-014, 11-228-06-016, 11-228-06-005, 11-228-06-006, 11-228-06-011, 11-228-06-017, 11-228-06-007, 11-228-06-002, 11-228-06-010, 11-228-06-015, 11-228-06-004, 11-228-06-003, 11-228-06-008, and including all of the right of way of Ruby Drive from the north right of way line of Ga. Hwy. 2 to the west right of way line of Ga. Hwy. 71., and additionally, 11-229-01-017, 11-229-01-013, 11-229-01-014, 11-229-01-015, 11-229-01-016, and including all of the right of way of Ga. Hwy. 2 from the intersection of the east property line of Parcel No. 11-229-01-009 with the north right of way line of Ga. Hwy. 2 to the west property line of Parcel No. 11-232-02-000., and additionally, 11-229-01-027, 11-229-01-026, 11-229-01-000, Part of 11-264-01-004, 11-264-01-003, 11-264-01-009, 11-264-01-003, 11-264-02-017, and including all of the right of way of Ga. Hwy. 71 from the south right of way line of Ga. Hwy. 2 to the intersection of the south property line of Parcel No. 11-277-05-000 and the west right of way line of Ga. Hwy. 71., and additionally, 11-263-01-153, 11-263-01-046, 11-263-01-094, 11-263-01-088, 11-263-01-018, 11-264-06-030, and including all of the right of way of the following streets, Frontier Trail from the west right of way line

Page 3794

of Ga. Hwy. 71 to the west property line of Parcel No. 263-11-1, and Telico Drive from the north right of way line of Frontier Trail to the end of the street and including the culdesac, and Abilene Trail from the west right of way line of Telico Drive to the north right of way line of Frontier Trail, and Chisholm Trail from the north right of way line of Frontier Trail around the loop back to the north right of way line of Frontier Trail, and Chisholm Circle from the north right of way line of Frontier Trail around the loop back to the north right of way line of Frontier Trail. SECTION 2 . Said Act is further amended by striking subsection (b) of Section 2.10 and inserting in lieu thereof the following: (b) Following the special election to be called and held as provided in Section 2.11 of this charter and the service of specified terms of office from the special election, the mayor and councilmembers shall thereafter 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 this city for six months immediately preceding the election of mayor or councilmembers; each such person shall continue to reside within the city during said period of service and shall be registered and qualified to vote in municipal elections of this city. No person shall be listed on the ballot of any municipal election as a candidate for any office unless such person shall have qualified for that office with the clerk of the city within the time provided for in Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code.' In the event that the mayor or a councilmember shall cease to reside within the city, such office shall be declared vacant, and the vacancy shall be filled in accordance with Section 2.12 of this charter. SECTION 3 . Said Act is further amended by striking subsections (c) and (d) of Section 2.11 and inserting in lieu thereof new subsections (c) and (d) to read as follows: (c) The mayor and councilmembers who are in office on December 31, 1998, shall continue to serve until their successors are elected and qualified following the special election to be called and conducted on the third Tuesday in June, 1999, pursuant to subsection (d) of this section. (d) (1) For purposes of conducting a special election in the city to set staggered terms of office for the mayor and councilmembers and to establish terms of office of four years following the initial terms, a vacancy is declared in the office of mayor and all councilmembers on the third Tuesday in June, 1999, and a special election shall be called

Page 3795

by the city and conducted on that date for election of the following offices and for the initial term for that office: Mayor: term expiring upon later of December 31, 2001, or qualification of successor. Councilmember Seat 1: term expiring upon later of December 31, 2001, or qualification of successor. Councilmember Seat 2: term expiring upon later of December 31, 2001, or qualification of successor. Councilmember Seat 3: term expiring upon later of December 31, 2003, or qualification of successor. Councilmember Seat 4: term expiring upon later of December 31, 2003, or qualification of successor. Councilmember Seat 5: term expiring upon later of December 31, 2003, or qualification of successor. Following the initial terms of office for the offices set forth above in this subsection, the mayor and each councilmember shall thereafter be elected for four years and until the office's successor is elected and qualified, and for that purpose a municipal election shall be held in the city each odd-numbered year beginning with 2001 on the first Tuesday after the first Monday in November. In all respects, such elections shall be called and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the `Georgia Election Code,' including, but not limited to, voter registration and qualifying of electors, qualifying for election, holding of election, tallying of votes, and certification of vote totals. (2) The mayor and all councilmembers shall be elected at large by a majority vote of the qualified voters voting within the entire city. SECTION 4 . Said Act is further amended by striking subsection (e) of Section 3.16 and inserting in lieu thereof the following: (e) All proposed ordinances for adoption shall be submitted in writing to the mayor and council for consideration prior to passage thereof, and the ordinance as presented in written form may be passed upon and adopted at the meeting in which it is first introduced, or the passage of said ordinance may be delayed until the next regular or called meeting by a majority vote of a quorum of the city council present and voting at the meeting where the ordinance is first introduced for adoption. If no delayed vote of the ordinance for adoption is approved, the ordinance shall stand as approved or disapproved as by majority vote of the council present and voting.

Page 3796

SECTION 5 . Said Act is further amended by striking subsections (a) and (b) of Section 3.23 and inserting in lieu thereof new subsections (a) and (b) to read as follows: (a) Every ordinance adopted by the city council shall be presented by the city clerk to the mayor for his or her signature at the meeting where the ordinance is adopted. (b) The mayor may sign the ordinance at the meeting where the ordinance is adopted and return it to the clerk at the same meeting, and the ordinance shall become law; or the mayor may take receipt of the ordinance and return it to the city clerk within ten days with his or her signature or with his or her veto. If the ordinance is approved with his or her signature, it shall become law upon its return to the city clerk. If the ordinance is neither approved by signature nor vetoed by the mayor, it shall become law on the fifteenth day after its adoption. If the ordinance is vetoed, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city clerk shall record the date of receipt and return of the ordinance by the mayor. SECTION 6 . Said Act is further amended by inserting a new Section 5.16 to read as follows: SECTION 5.16. Community Service Department and director. The mayor and council of the City of Varnell shall have the power to create by ordinance a Community Service Department, and they shall have the authority to create the position of director of community service as a department head. The position of director of community service shall be filled in the same manner and shall have the powers and benefits as any other department head, employee, and other nonelected officer of the City of Varnell as outlined in Section 4.10 of this charter. Additionally, the Community Service Department shall be operated as a unit of the Varnell Police Department but under the authority of the Municipal Court of the City of Varnell, and the department and its director shall carry out the orders of the judge of the Municipal Court of the City of Varnell. The Community Service Department of the city shall have the authority to accept or reject any person or persons, at its own discretion, from all other municipal, county, superior, state, or federal courts, and the Community Service Department shall have the authority to collect a fee or not collect a fee as set by ordinance by the mayor and council of the City of Varnell or order of the Varnell municipal court or any other court to help offset the expenses of carrying out the orders of the courts and the fee, if set by ordinance,

Page 3797

shall be as an additional fine to the person or persons who are being sentenced to community service by the judges of the respective courts. The director of the Community Service Department shall have attained the age of 21 years before being appointed to office by the mayor and council of the city and will be administered an oath similar to that given to the municipal judge as provided in subsection (e) of Section 5.11 of this charter. SECTION 7 . Said Act is further amended by striking Section 6.26 in its entirety and inserting in lieu thereof the following: SECTION 6.26. Audits. All audits as required of the City of Varnell by state law shall be done in accordance with the laws of the State of Georgia, and such required audits shall be done by a certified public accountant as 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 the state for an audit. In the event that no audit is required of the city by the state, the city clerk shall give a written financial report annually to the mayor and council covering all the financial accounts along with annual income and expenditures for the city; and written financial reports covering income, expenditures, and bank account balances shall be presented to the mayor and council at each regular monthly council meeting. Copies of all audits and annual financial reports shall be made available at printing cost to the public. SECTION 8 . Said Act is further amended by striking Section 6.28 in its entirety and inserting in lieu thereof a new Section 6.28 to read as follows: SECTION 6.28. Purchasing. The city council shall by ordinance prescribe a system of purchasing for the city. The system may be a centralized purchasing department or purchasing system that is under the direction of a financial director, city treasurer, or city manager or the city can permit the department head to do the purchasing for his or her department, not to exceed his or her allotted budget for the fiscal budget year. Under any plan of purchasing for the city, the mayor and council shall have the power and authority to change or cancel the allotted dollar amount for purchasing by anyone or any and all departments at any time. The city council shall have the power and authority to give the mayor, director of finance, city treasurer,

Page 3798

or city manager the right to spend up to a specified dollar amount on a single purchase without having to seek council approval. SECTION 9 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 10 . All laws and parts of laws in conflict with this Act are repealed. PUBLIC NOTICE Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend the charter of the City of Varnell, Georgia by setting the municipal limits of the city, and to provide for elections of city officials, and to set new dates for city elections, and to provide for a city community service department and director, and to provide for other related matters, and to provide for an effective date, and to repeal conflicting laws, and for other purposes. This 6th day of January 1999 J. Allen Hammontree Representative, 4th District 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: January 8, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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 3799

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 11th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. UNION COUNTYMAGISTRATE COURT; CHIEF MAGISTRATE; ELECTION; TERMS; VACANCIES. No. 69 (House Bill No. 697). AN ACT To amend an Act providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, approved February 25, 1997 (Ga. L. 1997, p. 3504), so as to provide for the partisan election of the chief magistrate of Union County on and after a certain date; to provide that the judge of the Probate Court of Union County shall not serve as chief magistrate on or after a certain date; to provide for terms of office and 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 providing that the judge of the Probate Court of Union County shall serve as chief magistrate of the Magistrate Court of Union County, approved February 25, 1997 (Ga. L. 1997, p. 3504), is amended by striking Section 1 and inserting in lieu thereof a new Section 1 to read as follows:

Page 3800

SECTION 1 . (a) The probate judge of Union County also serving as chief magistrate of Union County on the effective date of this Act shall continue to serve as such until the expiration of his or her term on December 31, 2000. At the general election of 2000, a successor chief magistrate shall be elected by the voters of Union County for a term of four years beginning on January 1, 2001, and until a successor is elected and qualified. Thereafter, successor chief magistrates shall be elected by the voters of Union County at the general election immediately preceding the expiration of the term of office and shall take office on the first day of January immediately following the election for a term of four years and until a successor is elected and qualified. The chief magistrate shall be elected at such elections in partisan elections in the same manner as other county officers are elected. (b) The chief magistrate shall be compensated as provided for in Chapter 10 of Title 15 of the O. C. G. A., payable in equal monthly installments from the funds of the county. The county governing authority may supplement the compensation of the chief magistrate, but no such supplement shall be decreased during a term of office. (c) The governing authority of Union County shall provide adequate office space for the office of the magistrate court, and compensation for a clerk of the magistrate court, and other personnel as may be needed, in the same manner as provided for other elected county officers. (d) A vacancy in the office of chief magistrate or in the office of any other magistrate in Union County shall be filled as provided in Code Section 15-10-20 of the O. C. G. A. SECTION 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act providing that the judge of the Probate Court of Union County shall also serve as the chief magistrate of Union County, approved February 25, 1997 (Ga. L. 1997, p. 3504), as amended; and for other purposes. This 1st day of February, 1999. By: Honorable Dwain Brackett Union County Probate Court

Page 3801

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: February 3, 1999. (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. [UNK] 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/ RALPH TWIGGS Representative, 8th District Sworn to and subscribed before me, this 9th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999.

Page 3802

MUSCOGEE COUNTYSTATE COURT; SOLICITOR-GENERAL; CHIEF ASSISTANT AND SENIOR ASSISTANT SOLICITORS-GENERAL; COMPENSATION; APPOINTMENT. No. 70 (House Bill No. 700). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to provide for the compensation of the solicitor-general and chief assistant solicitor-general of said court; to provide for the appointment and compensation of senior assistant solicitors-general; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, is amended by striking subsection (b) of Section 3A and inserting in lieu thereof the following: (b) The solicitor-general of said court shall receive an annual salary in an amount equal to not less than 85 percent of the state paid salary of the district attorney for the Chattahoochee Judicial Circuit and 85 percent of the local supplement paid by Muscogee County. Such annual salary shall be paid in at least monthly installments from the funds of Muscogee County. The solicitor-general shall devote his or her full time to the duties of the office and shall not engage in the private practice of law. SECTION 2 . Said Act is further amended by striking Section 3C and inserting in lieu thereof the following: SECTION 3C. (a) The solicitor-general may appoint a chief assistant solicitor-general who shall serve at the pleasure of the solicitor-general. (b) Such chief assistant solicitor-general shall have been admitted to the State Bar of Georgia and shall devote his or her full time to the duties of the office and shall not engage in the private practice of law. (c) The chief assistant solicitor-general shall receive an annual salary equal to not less than 75 percent of the solicitor-general's salary. Such compensation shall be paid in at least monthly installments from the funds of Muscogee County.

Page 3803

(d) The solicitor-general may designate any assistant solicitor-general who has a minimum of five years experience in the active practice of law as a senior assistant solicitor-general. A senior assistant solicitor-general shall receive an annual salary equal to not less than 65 percent of the salary of the solicitor-general, which shall be paid in at least monthly installments from the funds of Muscogee County. SECTION 3 . This Act shall become effective on January 1, 2000. 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 1999 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; and for other purposes. This the 16th day of February, 1999. 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 13, 1999. (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 3804

[UNK] 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 16th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. GREENE COUNTY FAMILY CONNECTION COMMISSIONMEMBERSHIP. No. 71 (House Bill No. 704). AN ACT To amend an Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), so as to add a member; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Greene County Family Connection Commission, approved March 27, 1998 (Ga. L. 1998, p. 3748), is amended by striking in its entirety subsection (b) of Section 1 and inserting in its place the following: (b) The following officials shall be ex officio members for as long as they hold the offices identified: (1) District X Medical Director of the Division of Public Health of the Department of Human Resources or such official's designee; (2) Director of the Greene County Department of Family and Children Services or such official's designee;

Page 3805

(3) Director of the Greensboro Housing Authority or such official's designee; (4) Director of the Union Point Housing Authority or such official's designee; (5) Superintendent of Greene County Schools or such designee; and (6) District Director of the Department of Juvenile Justice or such official's designee. 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 1999 session of the General Assembly of Georgia a bill to amend an Act creating the Greene County Family Connection Commission, approved March 27, 1998, p. 3748), so as to add a member; to provide for related matters; to repeal conflicting laws; and for other purposes. This 8 day of Feb., 1999. 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 111th 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 12, 1999. (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 3806

[UNK] 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 16th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF UNION POINTCORPORATE LIMITS. No. 72 (House Bill No. 709). AN ACT To amend an Act creating a new charter for the City of Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4061) and an Act approved March 28, 1998 (Ga. L. 1998, p. 3752), 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 Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), as amended, particularly by an Act approved March 16, 1983 (Ga. L. 1983, p. 4061) and an Act approved March 28, 1998 (Ga. L. 1998, p. 3752), is amended by adding at the end of Section 1.11 a new subsection to read as follows: (d) In addition to the area now embraced within the corporate limits of the City of Union Point, the following described property shall be included within said corporate limits:

Page 3807

All that tract or parcel of land lying and being in the 140th District, G.M. of Greene County, Georgia, and being a section of the right-of-way of Georgia Hwy. No. 77 between mile post 6.75 and mile post 7.00 as shown on a plat of survey for the City of Union Point, Georgia, by Gerald W. Torbert, Registered Land Surveyor #1717, which plat is recorded in Plat Cabinet 1, Slide 434, Page 2, in the Office of the Clerk of the Superior Court of Greene County, Georgia, which said plat and the record thereof are hereby incorporated herein and made a part hereof by reference. 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 1999 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Union Point, approved March 16, 1978 (Ga. L. 1978, p. 3966), as amended, particularly by an Act approved March 16, 1983 (Ga.L. 1983, p. 4061) and an Act approved March 28, 1998 (Ga. L. 1998, p. 3752), so as to change the corporate limits; to provide for related matters; to repeal conflicting laws; and for other purposes. This 8 day of Feb., 1999. Representative 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 111th 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 12, 1999. (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 3808

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. [UNK] 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 16th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. TOWN OF SILOAMMAYOR AND COUNCIL; TERMS. No. 73 (House Bill No. 710). AN ACT To amend an Act providing for a new charter for the Town of Siloam, approved April 4, 1996 (Ga. L. 1996, p. 4255), so as to provide for concurrent terms for the mayor and council members; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for a new charter for the Town of Siloam, approved April 4, 1996 (Ga. L. 1996, p. 4255), is amended by striking in its entirety Section 5.11, and inserting in its place the following: SECTION 5.11. Election of the town council and mayor. (1) There shall be a municipal general election quadrennially on the first Tuesday following the first Monday commencing in 2001.

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(2) Members of the council elected in November, 1999, shall have their term of office terminate on December 31, 2001. (3) Beginning with the election to be held in November 2001, there shall be elected the mayor and five council members for terms of four years beginning on the first day of January in the year following their election and ending when their respective successors are elected and qualified. SECTION 2 . Said Act is further amended by striking in its entirety Section 7.12 and inserting in lieu thereof the following: SECTION 7.12 Reserved. 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 1999 session of the General Assembly of Georgia a bill to amend an Act providing for a new charter for the Town of Silcom, approved April 4, 1996 (Ga. L. 1996, p. 4255), so as to provide for concurrent terms for the mayor and council members; to provide for related matters; to repeal conflicting laws; and for other purposes. This 8 day of Feb., 1999. Representative 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 111th 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 12, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] A copy of the notice of intention was mailed, transmitted by facsimile, or otherwise provided to the governing authority of any county, municipality,

Page 3810

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 16th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF TRIONHOMESTEAD EXEMPTION; SCHOOL DISTRICT TAXES; REFERENDUM. No. 74 (House Bill No. 721). AN ACT To provide a $40,000.00 homestead exemption from certain ad valorem taxes levied by, for, or on behalf of the City of Trion Independent School District for residents of that district who are 70 years of age or older and whose gross annual household 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:

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SECTION 1 . For purposes of this Act, the term: (1) City of Trion Independent School District ad valorem taxes means all ad valorem taxes for educational purposes levied by, for, or on behalf of the City of Trion Independent School District, except for ad valorem taxes to retire school bond indebtedness. (2) 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. (3) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (4) Senior citizen means a person who is 70 years of age or older on or before January 1 of the year in which a application for the exemption under this Act is made. SECTION 2 . (a) Each resident of the City of Trion Independent School District who is a senior citizen is granted an exemption on that person's homestead from City of Trion Independent 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. (b) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an affidavit with the governing authority of the City of Trion or the designee thereof giving the person's age, the amount of income which the resident and the resident's family members occupying and residing at such homestead received during the last taxable year for income tax purposes, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Trion or the designee thereof to make a determination as to whether such person is entitled to such exemption. The governing authority of the City of Trion or the designee thereof 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. (c) 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 (c) of this section, 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

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granted the homestead exemption under this Act to notify the governing authority of the City of Trion or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (d) The exemption granted by this Act shall not apply to or affect any state taxes, county taxes for county purposes, county school district taxes for educational purposes, or municipal taxes for municipal purposes. The homestead exemption granted by this Act shall be in lieu of and not in addition to any other homestead exemption applicable to the City of Trion Independent School District ad valorem taxes. (e) The exemption granted by this Act shall apply to all taxable years beginning on or after January 1, 2000. SECTION 2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the municipal election superintendent of the City of Trion 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 Trion Independent School District for approval or rejection. The municipal election superintendent shall conduct that election on the Tuesday after the first Monday in November, 1999, and shall issue the call and conduct that election as provided by general law. The municipal election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of 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 City of Trion Independent School District for residents of that district who are 70 years of age or older and whose gross annual household 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 Section 1 of this Act shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or after January 1, 2000. 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 the date of such election. The expense of such election shall be borne by the City of Trion. It shall be the superintendent's duty to certify the result thereof to the Secretary of State.

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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 1999 session of the General Assembly of Georgia a bill to provide a homestead exemption from ad valorem taxation levied by, for, or on behalf of the Trion City School District for certain residents of that school district who meet certain age and income qualifications; to provide for definitions, terms, conditions, and procedures relating to such homestead exemption; to provide for a referendum election with respect to the effectiveness of such homestead exemption; to provide for related matters; and for other purposes. This 4th day of February, 1999. Representative Barbara Massey Reece 11th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Barbara Massey Reece, who on oath deposes and says that she 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 11, 1999. (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/ BARBARA MASSEY REECE Representative, 11th District Sworn to and subscribed before me, this 17th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF WAYCROSS AND WARE COUNTYUNIFIED GOVERNMENT CREATED; REFERENDUMS. No. 75 (House Bill No. 723). AN ACT To provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified government of Waycross-Ware County, Georgia; to provide for the status, boundaries, and powers of the unified government; to provide for the form of, administration of, and affairs of the unified government; to provide for officers and employees, elections, courts, taxation, and finance; to provide for other related matters; to provide for referendum elections with respect to the effectiveness of the foregoing; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . The following provisions, exclusive of the complete table of contents and the interior tables of contents which are included solely as a convenience to the reader, shall constitute and may be referred to as the charter of the Unified Government of Waycross-Ware County, Georgia.

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TABLE OF CONTENTS ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT Section 1-101. Unification of county and city; creation of unified government; name. Section 1-102. Boundaries. Section 1-103. Status of unified government. as municipal corporation and county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts. Section 1-106. Construction. ARTICLE II LEGISLATIVE ARTICLE Chapter 1The Commission Section 2-101. Name and composition. Section 2-102. Term of office; qualifications; disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum; meetings; records; mayor/chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-106. Filling of vacancies. Chapter 2Legislative Procedure Section 2-201. Legislation by ordinance. Section 2-202. Introduction, consideration, and passage of ordinances and resolutions. Section 2-203. Emergency ordinances. Section 2-204. Submission of ordinances to mayor/chairperson; veto. Section 2-205. Authentication; recording; effective date. Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence. Chapter 3Ethics and Prohibited Practices Section 2-301. Conflict of interest. Section 2-302. Disclosure. Section 2-303. Testimony of public officials relating to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations; penalties for violation. ARTICLE III CHIEF ELECTED OFFICER Section 3-101. Election; term.

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Section 3-102. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of chief elected officer. ARTICLE IV ADMINISTRATION Chapter 1Officers Section 4-101. Manager; appointment; qualifications; compensation. Section 4-102. Manager; powers and duties. Section 4-103. Attorney; appointment; term; qualifications; duties; compensation. Section 4-104. Municipal judge; appointment; term; duties; qualifications; compensation. Section 4-105. Sheriff. Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner. Chapter 2Administrative and Service Departments Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law. Chapter 3Merit System of Personnel Administration Section 4-301. Establishment of merit system. Chapter 4Boards, Commissions, and Authorities Section 4-401. Certain boards, commissions, and authorities continued. ARTICLE V JUDICIARY Section 5-101. Superior court and district attorney; unaffected by charter; redesignation. Section 5-102. State court and solicitor-general; unaffected by charter; redesignation. Section 5-103. Juvenile court; unaffected by charter; redesignation. Section 5-104. Probate court; unaffected by charter; redesignation. Section 5-105. Magistrate court; unaffected by charter; redesignation. Section 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government.

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ARTICLE VI ELECTIONS Chapter 1Conduct of Elections Section 6-101. Applicability of general laws. Section 6-102. Regular election; time for holding; voting; districts. Section 6-103. Special elections. Chapter 2Election Districts; Reapportionment Section 6-201. Reapportionment of election districts. ARTICLE VII REVENUE AND FINANCE Chapter 1Taxation and Other Revenues Section 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations. Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts; taxation therein. Chapter 2Borrowing and Indebtedness Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness. Chapter 3Financing of Services Section 7-301. General and urban services districts. Section 7-302. Creation of services districts by ordinance. Section 7-303. Requirements for defining boundaries. Section 7-304. Notice of hearing prior to adoption of ordinance. Chapter 4Financial Administration Section 7-401. Fiscal year. Section 7-402. Preparation of budgets. Section 7-403. Scope of budgets. Section 7-404. Submission of budgets to the commission. Section 7-405. Adoption of budgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit.

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Chapter 5Procurement and Disposition of Property Section 7-501. Contracting procedures. Section 7-502. Sale and disposition of property. ARTICLE VIII GENERAL PROVISIONS Section 8-101. Application of laws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability. Section 8-104. Conflict of laws. Section 8-105. Competitive bidding. Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems; merging of existing systems. Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples of powers. Section 8-115. Provision of services. Section 8-116. The overview commission. Section 8-117. Historic items. Section 8-118. Section captions. Section 8-119. Effect of repeals. ARTICLE IX TRANSITION PROVISIONS Section 9-101. Provision of services during transition. Section 9-102. Protection and compensation of existing employees. Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer. APPENDIXES Appendix ATransition Schedule and Plan.

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Appendix BReapportionment Districts: Operator: local Client: ware Plan: waresb 1p ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT Section 1-101. Unification of county and city; creation of unified government; name. Section 1-102. Boundaries. Section 1-103. Status of unified government as municipal corporation and county. Section 1-104. Powers of the unified government. Section 1-105. Taxing districts. Section 1-106. Construction. ARTICLE I UNIFICATION, CREATION, BOUNDARIES, STATUS, AND POWERS OF UNIFIED GOVERNMENT SECTION 1-101 . Unification of county and city; creation of unified government; name. (a) The governmental and corporate powers, duties, and functions now vested in the governing authority of the City of Waycross, a municipal corporation created by an Act of the General Assembly of Georgia, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act revising and restating the charter of the City of Waycross approved April 13, 1989 (Ga. L. 1989, p. 4916), are unified with the governmental and corporate powers, duties, and functions of Ware County. This unification shall result in the creation and establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Ware County, which single government shall supersede and replace the governments of the City of Waycross and Ware County. 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 the Unified Government of Waycross-Ware County, Georgia, (at times in this charter called the unified government or commission) having all the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Waycross and Ware County and also the powers, duties, and functions provided in this charter. The unified government shall be a public corporation; shall have perpetual existence; shall adopt a common seal; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all the properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Waycross or Ware County; and by

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the name of Waycross-Ware County, Georgia, shall be capable of bringing and defending actions when authorized by this charter and by the Constitution and laws of the State of Georgia. From and after January 1, 2001, the political subdivision known as Ware County, Georgia, and the municipal corporation known as the City of Waycross, Georgia, shall be unified into the said new political entity created pursuant to this charter. (b) The unified government shall encourage the meaningful involvement in its operations of all citizens of Waycross-Ware County, particularly those who are members of minority or other traditionally disadvantaged groups, as appointees, employees, and independent contractors. No individual shall be denied any opportunity on the basis of race, gender, religion, age, handicap, or national origin. (c) The unification of the governments of the City of Waycross and Ware County is authorized pursuant to the provisions of Article IX, Section III, Paragraph II(a) of the Constitution of Georgia of 1983, as amended. SECTION 1-102 . Boundaries. The unified government shall embrace the total area included within the existing territorial limits of Ware County as such limits are fixed and established on January 1, 2001. However, such limits may be altered and changed from time to time as provided by the Constitution and laws of the State of Georgia pertaining to counties. SECTION 1-103 . Status of unified government as municipal corporation and county. The unified government shall be deemed to be both a municipal corporation and a county throughout the total territory of said government. It is the express intention of this section to declare as a city and as a part of the unified government all of the area of Ware County. SECTION 1-104 . Powers of the unified government. (a) The Unified Government of Waycross-Ware County, Georgia, shall have all powers of self-government authorized by the Constitution and not otherwise prohibited by the laws of Georgia. (b) In addition to the foregoing, the unified government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the mayor and Commission of the City of Waycross or the chairman and the Commission of Ware County, or both, have under the Constitution and general and local laws of the State of Georgia at the time of adoption of this charter, except as expressly modified in this charter. This authority shall include but shall not be

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limited to the authority to adopt home rule ordinances and resolutions as provided in Article IX, Section II of the Constitution of the State of Georgia. (c) In addition to the foregoing, the unified government shall have all rights, powers, duties, privileges, and authority conferred or enlarged in this charter, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution and also all rights, powers, duties, privileges, and authority, whether express or implied, that may be now vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of the State of Georgia, including the powers vested in the unified government by this charter. (d) The unified government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government 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 in this charter and to do and perform all of the acts pertaining to its property, affairs, and local government which are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (e) No enumeration of any right, power, privilege, or authority in this charter made shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this section. (f) In addition to and supplementary to all other powers which it may possess, and by way of illustration and not of limitation, the unified government shall have the powers specifically enumerated in Section 8-114 of this charter. SECTION 1-105 . Taxing districts. (a) The unified government shall divide the county into two or more taxing districts (at times in this charter called services districts); provided, however, at least one of such districts shall be known as the general services district. The general services district shall consist of the total area of Ware County. In addition, the commission shall establish at least one or more urban services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services than are provided uniformly throughout the territory of the unified government. Special services districts, which are those wherein

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specific services are provided to specific areas outside an urban services district, may also be created as provided in this charter. (b) Taxes shall be assessed, levied, and collected in accordance with the kind, character, type, degree, and level of services provided by the government within said services districts, and the rate and manner of taxation may vary in any one district from that in another or other districts. (c) The unified government may also establish special services districts which shall embrace such territory or territories for which provision is made by the commission for additional or higher levels of services provided by the unified government. (d) In the establishment of the first urban services district or districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Waycross-Ware County at least once a week during the two weeks immediately preceding the date of hearing. (e) In the establishment of special services districts, the commission shall hold one or more public hearings thereon at which all interested persons affected thereby shall have an opportunity to be heard. Notice of the time, place, and date of such hearings shall be published in the official legal organ of Waycross-Ware County at least once a week during the two weeks immediately preceding the date of hearing. (f) The unified government is empowered to exercise and provide within the general services district and within any urban and special services district established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Ware County or the City of Waycross, or both; all powers, functions, and services authorized by this charter and any amendments thereto; and all powers, functions, and services which counties or municipal corporations, or both, are now or are hereafter authorized to exercise under the Constitution and laws of the State of Georgia. (g) The unified government shall perform within the general services district those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total area of said government. (h) The unified government shall perform within its urban services districts those additional, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts. (i) The unified government shall perform within its special services districts those additionally selected, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such special services districts.

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(j) Except as otherwise provided by this charter, urban and special services districts of the unified government shall be created, expanded, merged, consolidated, or reduced only by an ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as established by the commission; provided, however, no new urban or special services district shall be created or existing urban or special services district expanded, abolished, merged, consolidated, or reduced without providing an opportunity for interested persons to be heard by publishing a notice of a public hearing on the proposed expansion, consolidation, reduction, or creation of an urban or special services district in the official legal organ of Waycross-Ware County, Georgia, at least once a week during the two weeks immediately preceding the date of hearing. Such rules and regulations shall set forth the manner and method for the creation of new urban and special services districts; the expansion, consolidation, reduction, or merger of existing urban or special services districts; requirements for defining functions and policies for rendering services; changes in levels of services within existing services districts; the transfer of territory from one services district to another; requirements for defining boundaries of services districts; procedures for the expansion, reduction, or consolidation of existing services districts; and requirements for defining boundaries of services districts. (k) The unified government is empowered to create new services and eliminate existing services by the same procedures and methods set forth in this section. (l) Citizens of any area in the county may request additional services by petitioning the unified government according to the rules, procedures, and guidelines established by the unified government. The unified government will hold public hearings as outlined in the services district modification procedure set forth in this section and will consider all comments received prior to reaching a final decision. SECTION 1-106 . Construction. The powers of the unified government shall be construed liberally in favor of the unified government. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general powers of the unified government as provided in this article. It is the intention of this charter to grant to the unified government full power and right to exercise all governmental authority authorized by the Constitution and laws of Georgia which is necessary for the effective operation and conduct of the unified government within its territory and for the conduct of all of its affairs. ARTICLE II LEGISLATIVE ARTICLE Chapter 1The commission

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Section 2-101. Name and composition. Section 2-102. Term of office; qualifications; disqualifications. Section 2-103. Salary and expenses of the commission. Section 2-104. Organization; oath; rules; quorum; meetings; records; mayor/chairperson pro tempore. Section 2-105. Powers of the commission. Section 2-106. Filling of vacancies. Chapter 2Legislative Procedure Section 2-201. Legislation by ordinance. Section 2-202. Introduction, consideration, and passage of ordinances and resolutions. Section 2-203. Emergency ordinances. Section 2-204. Submission of ordinances to mayor/chairperson; veto. Section 2-205. Authentication; recording; effective date. Section 2-206. Codes of technical regulations. Section 2-207. Codification and printing of ordinances. Section 2-208. Prima-facie evidence. Chapter 3Ethics and Prohibited Practices Section 2-301. Conflict of interest. Section 2-302. Disclosure. Section 2-303. Testimony of public officials relating to public affairs. Section 2-304. Contracts voidable and rescindable. Section 2-305. Hearings and determinations; penalties for violation. ARTICLE II LEGISLATIVE ARTICLE CHAPTER 1The commission SECTION 2-101 . Name and composition. There is created the Commission of Waycross-Ware County, Georgia. Membership on the commission is a part-time position. The commission shall consist of seven members elected from districts as provided in Section 6-102 of this charter, and the mayor/chairperson elected at large as provided in Article III of this charter. SECTION 2-102 . Term of office; qualifications; disqualifications. (a) The term of office of all members of the commission shall be four years with members serving staggered terms and until their successors are elected and qualified, except that a commissioner appointed to fill a vacancy shall serve only for the balance of the unexpired term as provided

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in Section 2-106 of this charter. All terms of office following the initial terms shall commence at the first regular meeting in January next following the election. (b) No person shall be eligible for election or appointment to the commission unless such person, on or before the date of election or appointment, shall: (1) Have attained the age of 21 years, except as otherwise provided under paragraph (1) of Code Section 45-2-1 of the O.C.G.A.; (2) Be a qualified voter of the unified government; and (3) Have resided within the county for one year and within the territorial limits of the district from which elected on the date of qualifying for election. A member of the commission shall continue to reside within the district from which elected during such member's term of office. (c) No member of the commission, during that member's term of office, shall hold any other federal, state, or local government elective office or be employed full time by the Unified Government of Waycross-Ware County, Georgia. SECTION 2-103 . Salary and expenses of the commission. (a) The salary of each commissioner shall be $6,000.00 per year, payable in equal monthly installments. (b) In addition to the salary, commissioners shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) The salary and expenses of members of the commission may be changed by ordinance, subject to the conditions and requirements of Code Section 36-35-4 of the O.C.G.A. SECTION 2-104 . Organization; oath; rules; quorum; meetings; records; mayor/chairperson pro tempore. (a) The commission shall meet for organization and swearing-in purposes on January 1 next following its election or as soon thereafter as practicable. At this meeting, the newly elected or reelected commissioners shall each take the following oath of office, to be administered by the judge of the probate court: I do solemnly swear (or affirm) that I will well and truly perform the duties of commissioner of the Unified Government of Waycross-Ware

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County, Georgia, and that I will support and defend the charter thereof, as well as the Constitution and laws of the State of Georgia and of the United States of America, so help me God. (b) The commission, by majority vote, shall adopt rules of procedure governing the transaction of its business consistent with the provisions of this charter; shall adopt by ordinance the time, date, and place for regular meetings, which will be held at least twice each month; and shall provide for keeping minutes of its proceedings by the manager as provided in Section 4-102 of this charter. (c) At its first organization meeting, the commission shall select the date when it will hold its regular monthly meetings. (d) Five of the seven members of the commission shall constitute a quorum for the transaction of business; however, a smaller number may adjourn from time to time. (e) Special meetings of the commission may be called by the mayor/chairpersonor by any five commissioners upon no less than 24 hours written notice to each member served personally or left at the usual place of business or residence of such member. Such notice of a special meeting may be waived in writing either before or after the meeting. Subject to subsection (d) of Code Section 50-14-1 of the O.C.G.A., special meetings may be held at any time without notice to all commissioners, upon attendance at such meeting by all members of the commission or by waiver of notice of those not in attendance. (f) All meetings of the commission, except for those exceptions provided for in general law, shall be public and any citizen shall have access to the minutes and records thereof at reasonable times. (g) At its first meeting in January of each year, a chief elected officer pro tempore known as the mayor/chairperson pro tempore shall be elected by and from the membership of the commission to serve for a term of one year. Such an election shall take place at the first regular meeting of the commission each year and whenever necessary to fill a vacancy in the office. A commissioner elected to fill a vacancy shall only serve as such until an election for a new mayor/chairperson pro tempore is held the following year. (h) In the absence of the mayor/chairperson for any cause, the mayor/chairperson pro tempore shall preside over meetings and discharge the duties of the mayor/chairperson until either the return of the mayor/chairperson or the election of a new mayor/chairperson. While serving asthe mayor/chairperson, the mayor/chairperson pro tempore shall have the same powers as a mayor/chairperson and not those of a commissioner. SECTION 2-105 . Powers of the commission. (a) All legislative powers of the unified government of Waycross-Ware County, Georgia, including any such powers which may hereafter be

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conferred by law upon said government, shall be vested exclusively in and exercised by the commission in accordance with the provisions of this charter. (b) In addition to its legislative powers, the commission shall specifically have the power to: (1) Adopt and from time to time amend the budgets; (2) Approve or reject recommendations concerning the appointments of the manager, attorney, and municipal judge; (3) Remove from office the manager, attorney, and municipal judge by majority vote of the entire commission; and (4) Override the mayor/chairperson's veto with the affirmative vote of five commissioners. (c) In the exercise of its powers, the commission shall adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter, as may be necessary or proper for the purpose of carrying into effect the powers conferred by this charter and for the promotion and protection of the safety, health, peace, security, and general welfare of the inhabitants of the unified government and may enforce such ordinances, resolutions, rules, and regulations by imposing penalties for violations thereof, as prescribed by ordinance, by a fine not exceeding $1,000.00 or by imprisonment for a period not exceeding six months, or both. (d) Except as otherwise provided by the Constitution, general or local law, or this charter, the commission may by ordinance create, change, alter, combine, abolish, unify, consolidate, and redefine the manner of appointment, membership, powers, and duties of bureaus, boards, commissions, departments, divisions, authorities, offices, and agencies of the unified government, including positions of public employment, and may transfer and delete functions and assign additional functions to any bureaus, offices, agencies, departments, divisions, boards, authorities, commissions, and positions of public employment existing under this charter. The commission may by ordinance transfer all the assets, liabilities, and obligations thereof to a department, a division, or other unit of a department of the unified government, which shall have the power, and its duty shall be, to perform and exercise all the functions and powers theretofore performed and exercised by such board, commission, authority, division, agency, bureau, office, department, or position of public employment. (e) Subsection (d) of this section does not apply to any authorities or boards which were created by either a local constitutional amendment or by a local Act of the General Assembly. (f) The commission shall have the power to conduct or cause to be conducted inquiries and investigations of the operations of any office,

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department, or agency or the conduct of any officer or employee thereof administering the affairs of the unified government. In conducting inquiries and investigations, the commission shall have the right to administer oaths; subpoena witnesses, documents, records, or other evidence; take testimony; and require the production of evidence. The conduct of proceedings at commission inquiries and investigations shall be subject to such rules and regulations as the commission may prescribe by general ordinance. (g) The commission shall provide for the form of oaths and the amount and condition of surety bonds as may be required of any officer or employee of the unified government. (h) The commission shall have and exercise such other powers as conferred upon it by this charter and the laws of Georgia. SECTION 2-106 . Filling of vacancies. (a) In the event that the office of a member of the commission shall become vacant by reason of death, resignation, or any other cause and the term shall expire in less than 180 days, the vacant position shall be filled by appointment of the remaining members of the commission. Any individual so appointed must have the same qualifications required for election to the office. (b) If the term of the vacant commission position will continue for more than 180 days, a special election shall be held as provided in this charter and in general state law to elect a new member of the commission to serve for the remainder of the term. CHAPTER 2Legislative Procedure SECTION 2-201 . Legislation by ordinance. Every official act of the commission which is to have the force and effect of law shall be by ordinance and shall begin with the words: The Commission of Waycross-Ware County, Georgia, hereby ordains..... All other acts of the commission shall be by resolution or shall take such other form as prescribed by its rules. SECTION 2-202 . Introduction, consideration, and passage of ordinances and resolutions. (a) Every proposed ordinance and every amendment shall contain not more than one subject which shall be clearly expressed in its title. (b) Every proposed ordinance and every amendment shall be introduced in writing.

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(c) Prior to the introduction of any ordinance, copies of it shall be prepared by the manager and distributed to each member of the commission and to the attorney. It shall be the duty of the attorney to review the draftsmanship and impact of each ordinance. (d) A summary of every proposed ordinance shall be read upon first introduction and by title at the next regular meeting not less than seven days following the meeting of its introduction. In no event however, except for emergency ordinances, may any ordinance be voted on in less than seven days after it is introduced. (e) The adoption of any ordinance shall be by the affirmative vote of at least four of the seven commissioners. (f) The passage of all ordinances shall be contingent upon the recording of the ayes and nays of each commissioner, and the names of the commissioners voting for and against each proposed ordinance or amendment, those abstaining, and those absent shall be entered upon the minutes of the proceedings of the commission. SECTION 2-203 . Emergency ordinances. To meet a public emergency threatening life, health, property, or public safety, the commission may adopt emergency ordinances; provided, however, that such ordinances may not be enacted to levy taxes; to grant, renew, or extend a franchise; to regulate the rate charged for any public utility or service; or to authorize the borrowing of money unless it shall be repaid in 30 days or less. An emergency ordinance shall be in the form prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain a declaration stating what emergency exists. An emergency ordinance may be adopted with or without amendment or it may be rejected at the meeting at which it is introduced, but the affirmative vote of at least five of the seven members of the commission shall be required for adoption. An emergency ordinance shall become effective upon adoption or at such later time as it may specify. SECTION 2-204 . Submission of ordinances to mayor/chairperson; veto. Every ordinance or resolution adopted by the commission shall be certified by the manager and presented to the mayor/chairperson within two business days following its adoption. The mayor/chairperson shall approve or veto the ordinance or resolution within ten business days after adoption, and no ordinance or resolution shall become effective without his or her approval except as provided in this section. If the mayor/chairperson vetoes an ordinance or resolution, he or she shall within two business days following such veto return the ordinance or resolution to the manager with a written statement of the reasons for the veto. The manager shall record

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the date of the receipt of the vetoed ordinance or resolution and thereupon shall notify the commission members of such veto. If the commission shall pass the ordinance or resolution by a vote of five of the seven members at the meeting next held after the ordinance or resolution has been returned with the mayor/chairperson's veto, it shall become law without his or her approval. In the event the mayor/chairperson does not approve or veto the ordinance or resolution within the time required, it shall become law without his or her approval. SECTION 2-205 . Authentication; recording; effective date. All ordinances which have become law shall immediately be deposited in the official archives of the manager. The manager shall note on the face of the ordinance the date and time it has become law and the ordinance shall become effective at noon on the day following its becoming law or at such later time as it may specify. The manager shall authenticate by his or her signature each ordinance which has become law. SECTION 2-206 . Codes of technical regulations. (a) The commission may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that: (1) The requirements of subsection (c) of Section 2-202 of this charter for distribution of copies of the ordinance to each commissioner and to the attorney shall be construed to include copies of the code of technical regulations which shall be maintained in the manager's office, 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 manager as provided in Section 2-205 of this charter. (b) Copies of any adopted code of technical regulations shall be made available by the manager for public inspection and for purchase at a reasonable price as fixed by the commission. SECTION 2-207 . Codification and printing of ordinances. (a) The commission shall, on or by January 1, 2003, provide for the preparation of a general codification of all ordinances of a general or permanent nature. Such code shall be adopted by the commission by ordinance and shall be published promptly, together with all amendments thereto, this charter, any amendments hereto, and such codes of technical

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regulations and other rules and regulations as the commission may specify. This compilation shall be known and cited officially as the Code of Waycross-Ware County, Georgia. As determined by the commission, copies of the code shall be furnished to officers, departments, and agencies of the unified government; placed in libraries and public offices for public reference; and made available for purchase by the public at a reasonable price. (b) Following publication of the first Code of Waycross-Ware County, Georgia, and from time to time thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code then in effect and shall be suitable in form for integration in such code. SECTION 2-208 . Prima-facie evidence. A record or entry made by the manager or a copy of such record or entry, duly certified by the manager, shall be prima-facie evidence of the terms of every ordinance and its due publication. CHAPTER 3Ethics and Prohibited Practices SECTION 2-301 . Conflict of interest. No elected official, appointed officer, or employee of Waycross-Ware County, Georgia, or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any gift that has a value of $100.00 or more from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or 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 campaign; (4) Represent private interests other than his or her own in any action or proceeding against Waycross-Ware County, Georgia, or any portion of its government; or

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(5) Vote or otherwise actively participate in the negotiation or the making of any contract between Waycross-Ware County, Georgia, and any business or entity in which he or she has a financial interest. SECTION 2-302 . Disclosure. Any elected official, appointed officer, or employee of the unified government or of any board, commission, authority, or agency thereof who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within any department of the unified government shall disclose such private interest to the commission. Any commissioner who has a private interest in any matter pending before the commission shall disclose such private interest and such disclosure shall be entered on the records of the commission, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed officer, or employee of any board, commission, authority, or agency of the unified government who shall have any private financial interest, direct or indirect, in any contract or matter pending before or within such entity shall disclose such private interest to the commission. SECTION 2-303 . Testimony of public officials relating to public affairs. Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is duly and properly called as a witness before any unified government, state, or federal judicial or administrative tribunal and who shall before such tribunal fail to answer any proper question concerning the performance of his or her official duties shall be guilty of a violation of this charter. SECTION 2-304 . Contracts voidable and rescindable. Any contract between the unified government or any board, commission, authority, agency, or entity thereof made in violation of the provisions of this charter shall be voidable or rescindable at the option of the commission at any time if any elected official, appointed officer, or employee of such unified government or board, commission, authority, or agency thereof has any interest in such contract and does not disclose such interest in accordance with Section 2-302 of this charter. SECTION 2-305 . Hearings and determinations; penalties for violation. (a) Upon the sworn complaint of any person alleging facts which if true would constitute a violation of this charter, the commission may conduct a

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public hearing at which the accused shall be given an opportunity to be heard, either personally or through counsel. At the conclusion of such hearing, the commission shall, in written findings of fact and conclusions based thereon, make a determination concerning the propriety of the conduct of the official or employee in question. (b) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who is found to have knowingly concealed his or her personal financial interest or who is found to have knowingly violated any of the requirements of this charter shall be deemed guilty of malfeasance in office or position. If such decision is upheld after all reviews and appeals provided by the merit system of the unified government have been exhausted, the officer or employee shall be subject to such punishment as may be deemed appropriate by the commission and which may include forfeiture of office or position. (c) Any officer or employee of the unified government or of any board, commission, authority, or agency thereof who shall forfeit his or her office or position as described in subsection (b) of this section shall be ineligible for appointment or election to or employment in a position in the unified government or of any board, commission, authority, or agency thereof for a period of three years thereafter. ARTICLE III CHIEF ELECTED OFFICER Section 3-101. Election; term. Section 3-102. Qualifications of office. Section 3-103. Compensation. Section 3-104. Powers and duties. Section 3-105. Voting. Section 3-106. Vacancy in office of chief elected officer. ARTICLE III CHIEF ELECTED OFFICER SECTION 3-101 . Election; term. There is created the office of chief elected officer of Waycross-Ware County, Georgia (referred to at times in this charter as the mayor/chairperson). The mayor/chairperson shall be elected from the unified government at large and shall serve part time for a term of four years and until a successor is elected and qualified. Any mayor/chairperson who has been elected for two full consecutive four-year terms of office under the provisions of this charter shall not be eligible to be elected for the succeeding term.

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SECTION 3-102 . Qualifications of office. (a) To be eligible for election as mayor/chairperson, a person on the date of election must: (1) Have attained the age of 21 years except as otherwise provided in paragraph (1) of Code Section 45-2-1 of the O.C.G.A.; (2) Have resided in the territory of the unified government for at least one year immediately preceding the date of election and must continue such residence therein during the term of office; (3) Be a registered voter of the unified government; and (4) Meet any other requirements as established by law. (b) No person elected as mayor/chairperson shall, during that person's term of office, hold any other federal, state, or local government office or be employed full time by the Unified Government of Waycross-Ware County, Georgia. SECTION 3-103 . Compensation. (a) The mayor/chairperson shall receive as compensation for the services of this office an annual salary of $12,000.00, payable in equal monthly installments. (b) In addition to the salary, the mayor/chairperson shall be reimbursed for all direct expenses incurred in carrying out the duties and responsibilities of the unified government. (c) Th[UNK]e salary and expenses of the mayor/chairperson may be changed by ordinance, subject to the conditions and requirements of Code Section 36-35-4 of the O.C.G.A. SECTION 3-104 . Powers and duties. The mayor/chairperson shall have the powers and duties to: (1) Serve as the official representative of the unified government, including serving as the unified government's representative to federal, state, and local governmental bodies and officials; (2) Initiate the process, with the involvement of commission members and appropriate staff, to search and screen candidates for the positions of manager, attorney, and municipal judge and to recommend candidates for these positions to the commission, appointment of which requires concurrence of a majority of the entire commission;

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(3) Set the agenda, after receiving input from members of the commission, the manager, and the public, for meetings of the commission; (4) Preside over meetings of the commission; (5) Present the annual operating expenses budget and the capital improvements budget, which have been prepared by the manager with the assistance of all department and agency heads and all others who supervise the implementation of a budget that uses funds of the unified government for approval by the mayor/chairperson, to the commission for approval; (6) Approve or veto proposed ordinances or resolutions as provided by this charter; (7) Call special meetings of the commission as provided by this charter and by rules of the commission; (8) Execute all deeds, contracts, and obligations of the unified government, provided such execution shall be attested to by the manager; (9) Recommend to the commission the adoption of such measures as deemed necessary or expedient; and (10) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. SECTION 3-105 . Voting. The mayor/chairperson shall not be authorized to vote on any matter before the commission except in the case of ties. SECTION 3-106 . Vacancy in office of chief elected officer. In the event that the office of mayor/chairperson shall become vacant by reason of death, resignation, or any other cause, the vacancy shall be filled by the mayor/chairperson pro tempore who shall serve as mayor/chairperson withall powers of the mayor/chairperson until a new mayor/chairperson is selected as provided below: (1) If the term of the mayor/chairperson will expire in less than 180 days, the mayor/chairperson pro tempore shall serve as the mayor/chairperson until the next general election when a new mayor/chairpersonwill be elected; or (2) If the term of the mayor/chairperson will continue for more than 180 days, a special election shall be held as provided in general law to

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elect a new mayor/chairperson for the remainder of the vacant mayor/chairperson's term. ARTICLE IV ADMINISTRATION Chapter 1Officers Section 4-101. Manager; appointment; qualifications; compensation. Section 4-102. Manager; powers and duties. Section 4-103. Attorney; appointment; term; qualifications; duties; compensation. Section 4-104. Municipal judge; appointment; term; duties; qualifications; compensation. Section 4-105. Sheriff. Section 4-106. Judge of the probate court. Section 4-107. Clerk of superior court. Section 4-108. Tax commissioner. Section 4-109. Coroner. Chapter 2Administrative and Service Departments Section 4-201. Creation and functions; generally. Section 4-202. Administrative reorganization. Section 4-203. Appointment of directors of departments. Section 4-204. Departments under state or federal law. Chapter 3Merit System of Personnel Administration Section 4-301. Establishment of merit system. Chapter 4Boards, commissions, and Authorities Section 4-401. Certain boards, commissions, and authorities continued. ARTICLE IV ADMINISTRATION CHAPTER 1Officers SECTION 4-101 . Manager; appointment; qualifications; compensation. The mayor/chairperson shall recommend candidates to the commission for the office of manager who shall be the full-time administrative officer of the unified government. No person holding an elective office in Waycross-Ware County shall be eligible for appointment until two years after leaving elective office. Such recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The manager shall be prohibited from engaging in any political activity, and the manager shall not be eligible to qualify as a

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candidate for an elective office in Waycross-Ware County for one year after leaving office. The manager shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed from office by a majority vote of the entire commission. The manager need not be a resident of the unified government at the time of his or her appointment but shall establish residence therein within six months of such appointment and continue to reside therein throughout such appointment. The qualifications and compensation of the manager shall be fixed by ordinance. SECTION 4-102 . Manager; powers and duties. (a) The manager shall be responsible for: (1) The management and coordination of the operations and activities of the various departments and agencies of the unified government; (2) The appointment and removal of department heads; (3) The preparation of the proposed annual operating expenses budget and the capital improvements budget with the assistance of all department heads for approval by the mayor/chairperson; (4) Keeping the commission at all times fully advised as to the financial condition and needs of the unified government; (5) Conducting studies and investigations and making reports thereon to the commission concerning the operations of the departments, offices, and agencies of the unified government; (6) Requiring any department, board, commission, or agency under the manager's jurisdiction to submit written reports and to provide other information as deemed necessary; (7) Prescribing, requiring, publishing, and implementing standards of administrative, management, and operating practices and procedures to be followed and adhered to by all offices, departments, boards, commissions, authorities, and other agencies of the unified government which are subject to the manager's supervision and jurisdiction; and (8) Maintaining all required records of the operations and activities of Waycross-Ware County, including the minutes of all meetings of the Waycross-Ware County Commission. (b) Except for the purpose of inquiry and investigation, the mayor/chairperson and commission shall deal with employees of the unified government who are subject to appointment and removal by the manager

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solely through the manager and shall not give orders or directions to any such employee, either publicly or privately or directly or indirectly. SECTION 4-103 . Attorney; appointment; term; qualifications; duties; compensation. (a) The mayor/chairperson shall make recommendations to the commission for the attorney of the unified government. The attorney shall be appointed by a majority vote of the entire commission for a term of one year; may succeed himself or herself; and at any time may be removed by a majority vote of the entire commission. (b) The attorney shall be an active member of the State Bar of Georgia in good standing and shall satisfy any other qualifications established by ordinance. (c) The attorney shall be the legal counsel to the unified government and shall perform such other duties as may be required by this charter or by ordinance. (d) The compensation of the attorney shall be as prescribed by a duly adopted ordinance. SECTION 4-104 . Municipal judge; appointment; term; duties; qualifications; compensation. (a) The mayor/chairperson shall recommend candidates to the commission for the office of municipal judge of the unified government. The recommendations shall become effective when confirmed by a majority vote of the total membership of the commission. The municipal judge shall serve at the pleasure of the commission and may be removed from office by a majority vote of the total membership of the commission. (b) The qualifications, duties, and compensation of the municipal judge shall be as prescribed in a duly adopted ordinance. SECTION 4-105 . Sheriff. The sheriff of Ware County in office on January 1, 2001, shall be the sheriff of Waycross-Ware County, Georgia. The sheriff shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for sheriff shall be on the same basis as provided by law for the election of sheriffs generally. The sheriff shall be the chief law enforcement officer with constitutional and statutory duties throughout Waycross-Ware County. The sheriff shall also be responsible for the operation of the jail, the transport of prisoners, the service of process, and such other duties being provided on January 1, 2001. The sheriff shall

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have such other or different powers and duties as provided by the Constitution and laws of Georgia. SECTION 4-106 . Judge of the probate court. The judge of the Probate Court of Ware County in office on January 1, 2001, shall be the judge of the Probate Court of Waycross-Ware County, Georgia. The judge of the Probate Court of Waycross-Ware County shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the judge of the probate court shall be on the same basis as provided by law for the election of probate judges generally. The judge of the probate court shall perform the same duties and exercise the same powers as conferred on probate judges generally by the Constitution and laws of Georgia. SECTION 4-107 . Clerk of superior court. The clerk of Superior Court of Ware County in office on January 1, 2001, shall be the clerk of Superior Court of Waycross-Ware County, Georgia. The clerk of superior court shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for the clerk of superior court shall be on the same basis as provided by law for the election of clerks of superior court generally. The clerk of superior court shall perform the same duties and exercise the same powers as conferred on clerks of superior court generally by the Constitution and laws of Georgia. SECTION 4-108 . Tax commissioner. The tax commissioner of Ware County in office on January 1, 2001, shall be the tax commissioner of Waycross-Ware County, Georgia. The tax commissioner shall serve for the same term as provided by law, and the compensation shall be fixed as provided by law. Subsequent elections for tax commissioner shall be on the same basis as provided by law for the election of tax commissioners generally. The tax commissioner shall perform the same duties and exercise the same powers as conferred on tax commissioners generally by the Constitution and laws of Georgia. SECTION 4-109 . Coroner. The coroner of Ware County in office on January 1, 2001, shall be the coroner of Waycross-Ware County, Georgia. The coroner shall serve for the same term as provided by law, and compensation shall be fixed as provided by law. Subsequent elections for coroner shall be on the same basis as

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provided by law for the election of coroners generally. The coroner shall perform the same duties and exercise the same powers as conferred on coroners generally by the Constitution and laws of Georgia. CHAPTER 2Administrative and Service Departments SECTION 4-201 . Creation and functions; generally. Except as otherwise provided by this charter or by law, the administrative and service departments of the unified government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations. SECTION 4-202 . Administrative reorganization. The commission may, by ordinance, reorganize, combine, unify, consolidate, or discontinue any department or agency of the unified government subject to the jurisdiction of the commission and may, by ordinance, prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the unified government. SECTION 4-203 . Appointment of directors of departments. All directors of departments under the supervision and direction of the manager shall be appointed by the manager. The directors of all such departments shall serve at the pleasure of the manager. SECTION 4-204 . Departments under state or federal law. All departments which are created pursuant to state or federal law and which administer various state and federal programs and services shall continue their operations without interruption resulting from the adoption of this charter. CHAPTER 3Merit System of Personnel Administration SECTION 4-301 . Establishment of merit system. (a) The commission shall establish, by ordinance, a merit system of personnel administration for Waycross-Ware County, Georgia. All positions in the service of Waycross-Ware County, Georgia, shall be in the classified

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service of the merit system except the following which are declared to be in the unclassified service: (1) Officers elected by the people and persons appointed to fill vacancies in elective offices; (2) Members of boards and commissions; (3) Directors of departments; (4) Persons temporarily employed in a professional or scientific [Illegible Text] to conduct a special inquiry, investigation, examination, or installation; (5) Temporary and part-time employees; and (6) Such other employees as may be excluded from coverage under the merit system as provided by ordinance or other applicable law. (b) The merit system of personnel administration shall provide for classification of positions, the manner and method of publicizing vacancies, employing and appointing personnel, the qualifications of employees, employee performance evaluations, salaries, hours of employment, vacations, sick leave, special workers' compensation, job security, promotion, demotion, disciplinary procedures, transfer, layoff, removal, welfare of employees, retirement policy, payment of premiums of employee insurance benefits, grievance procedures, service awards, training leave, and any other measures that promote the hiring and retaining of capable, diligent, and honest career employees, all of which shall be in accordance with the concept of affirmative action as provided by federal law. CHAPTER 4Boards, commissions, and Authorities SECTION 4-401 . Certain boards, commissions, and authorities continued. All existing boards, commissions, and authorities are continued without interruption on January 1, 2001. As used in the Acts and amendments creating the existing boards, commissions, and authorities, the terms Waycross City Commission and Ware County Board of Commissioners shall mean the Commission of Waycross-Ware County, Georgia, and the terms mayor of the City of Waycross and chairman of the Ware County Board of Commissioners shall mean the mayor/chairperson of Waycross-Ware County, Georgia. ARTICLE V JUDICIARY Section 5-101. Superior court and district attorney; unaffected by charter; redesignation. Section 5-102. State court and solicitor-general; unaffected by charter; redesignation. Section 5-103. Juvenile court; unaffected by charter; redesignation. Section 5-104. Probate court; unaffected by charter; redesignation. Section 5-105. Magistrate court; unaffected by charter; redesignation. Section 5-106. Municipal Court of the City of Waycross; continuation of operations in the court of the unified government. ARTICLE V JUDICIARY SECTION 5-101 . Superior court and district attorney; unaffected by charter; redesignation. The Superior Court of Ware County, including the office of the district attorney, shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Superior Court of Waycross-Ware County, Georgia. SECTION 5-102 . State court and solicitor-general; unaffected by charter; redesignation. The State Court of Ware County, including the office of the solicitor-general, shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the State Court of Waycross-Ware County, Georgia. SECTION 5-103 . Juvenile court; unaffected by charter; redesignation. The Juvenile Court of Ware County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Juvenile Court of Waycross-Ware County, Georgia. SECTION 5-104 . Probate court; unaffected by charter; redesignation. The Probate Court of Ware County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Probate Court of Waycross-Ware County, Georgia.

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SECTION 5-105 . Magistrate court; unaffected by charter; redesignation. The Magistrate Court of Ware County shall continue its operations without interruption resulting from the adoption of this charter, and nothing in this charter shall be construed as affecting the status of said court. The court shall be known as the Magistrate Court of Waycross-Ware County, Georgia. SECTION 5-106 . Municipal Court of the City of Waycross; continuation of operations in the court of the unified government. On January 1, 2001, the operations and employees of the Municipal Court of the City of Waycross shall continue as the operations and employees of a court of the Unified Government of Waycross-Ware County. The judge of the Municipal Court of the City of Waycross shall be authorized to serve as the municipal judge of said court. ARTICLE VI ELECTIONS Chapter 1Conduct of elections Section 6-101. Applicability of general laws. Section 6-102. Regular election; time for holding; voting; districts. Section 6-103. Special elections. Chapter 2Election Districts; Reapportionment Section 6-201. Reapportionment of election districts. ARTICLE VI ELECTIONS CHAPTER 1Conduct of Elections SECTION 6-101 . Applicability of general laws. Except as otherwise provided by this charter, primaries and regular and special elections shall be conducted in accordance with provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. As used in said code, the term election or general election shall be construed to include the term regular election as provided in Section 6-102 of this charter; the term governing authority shall include the mayor/chairperson and the commissioners of Waycross-Ware County, Georgia; the term municipal, municipality, or county shall include

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Waycross-Ware County, Georgia; and the term public office shall include elective offices of Waycross-Ware County, Georgia. SECTION 6-102 . Regular election; time for holding; voting; districts. (a) For purposes of electing commissioners, other than the mayor/chairperson, the territory of Waycross-Ware County is divided into seven commissioner districts. One member of the commission shall be elected from each such district. The seven commissioner districts shall be and correspond to those seven numbered districts described in and attached to and made a part of this Act as Appendix B and further identified as Operator: local Client: ware Plan: waresb1p. (b) When used in such attachment, the terms Tract, Block, and Block Group shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1990 for the State of Georgia. Any part of the territory of Waycross-Ware 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 the territory of Waycross-Ware 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 otherwise 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. (c) No person shall be a member of the commission 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. (d) In order to be elected or appointed as a member of the commission from a commissioner district, a person must have resided in that district for at least 12 months prior to election or appointment thereto and, if elected, 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 commission for that district. At the time of qualifying for election as a member of the commission from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the commission from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant.

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(e) The mayor/chairperson may reside anywhere within the territory of Waycross-Ware County and, if elected, must receive the number of votes cast for that office, as required by general law, in the entire territory of Waycross-Ware County. The mayor/chairperson must continue to reside within the territory of Waycross-Ware County during that person's term of office or that office shall become vacant. (f) The first mayor/chairperson and the first members of the Commission of Waycross-Ware County shall be elected at a special election which shall be conducted at the time of the general election on the Tuesday next following the first Monday in November, 2000. The mayor/chairperson and those members of the commission elected thereto from Commissioner Districts 1, 3, 5, and 7 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 commission elected thereto from Commissioner Districts 2, 4, and 6 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 mayor/chairperson and members of the commission 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 commission shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (g) All members of the commission 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 6-103 . Special elections. All special elections shall be held and conducted in accordance with applicable provisions of Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code, that govern the conduct of county elections. CHAPTER 2Election Districts; Reapportionment SECTION 6-201 . Reapportionment of election districts. (a) The election district boundaries of the unified government shall be reapportioned following the publication of each official federal decennial census of the population of Waycross-Ware County, Georgia. Such reapportionment shall be accomplished by the adoption of an amendment to this charter by the General Assembly of Georgia.

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(b) The reapportionment of election districts shall comply with the following specifications: (1) Each election district shall be formed of contiguous territory and its boundary lines shall be the center lines of streets or other well-defined boundaries as utilized by the United States Bureau of the Census; and (2) Such election districts shall be as nearly equal in population as practicable, and they shall comply with the requirements of the federal Voting Rights Act of 1965, as amended. (c) Any reapportionment of election districts shall apply to officials of the unified government elected at the next regular election following such reapportionment. ARTICLE VII REVENUE AND FINANCE Chapter 1Taxation and Other Revenues Section 7-101. Levy and collection of taxes, fees, charges, and assessments; appropriations. Section 7-102. Collection of delinquent taxes and fees. Section 7-103. Homestead exemptions. Section 7-104. Tax and services districts; taxation therein. Chapter 2Borrowing and Indebtedness Section 7-201. Issuance of general obligation bonds. Section 7-202. Debt limitation; general obligation bonds. Section 7-203. Revenue bonds. Section 7-204. Use of bond proceeds. Section 7-205. Allocation of indebtedness. Chapter 3Financing of Services Section 7-301. General and urban services districts. Section 7-302. Creation of services districts by ordinance. Section 7-303. Requirements for defining boundaries. Section 7-304. Notice of hearing prior to adoption of ordinance. Chapter 4Financial Administration Section 7-401. Fiscal year. Section 7-402. Preparation of budgets. Section 7-403. Scope of budgets. Section 7-404. Submission of budgets to the commission. Section 7-405. Adoption of budgets. Section 7-406. Property tax levies. Section 7-407. Limitation of funds. Section 7-408. Transfer of funds. Section 7-409. Lapse of appropriations. Section 7-410. Continuing audit. Chapter 5Procurement and Disposition of Property Section 7-501. Contracting procedures. Section 7-502. Sale and disposition of property. ARTICLE VII REVENUE AND FINANCE CHAPTER 1Taxation and Other Revenues SECTION 7-101 . Levy and collection of taxes, fees, charges, and assessments; appropriations. (a) For the purpose of raising revenue for the support and maintenance of the government of Waycross-Ware County, Georgia, the commission shall have full power and authority to levy and collect taxes to the extent provided in this section and to appropriate funds and expend money: (1) For the purposes authorized by this charter; (2) For the discharge of the powers, duties, obligations, liabilities, and functions specified in this charter; (3) For any and all purposes and any and all subjects of taxation for which the City of Waycross or Ware County may have been authorized and in accordance with those authorizations to levy and collect taxes and to appropriate and expend funds under the Constitution or any general or special law of Georgia applicable to the City of Waycross or Ware County on January 1, 2001; and (4) For any purpose authorized by the Constitution or any general or special law of Georgia applicable to municipal corporations and counties generally now of force or hereafter enacted. (b) The commission shall have full power and authority to levy and collect the following taxes, charges and assessments: (1) Ad valorem taxes on all real and personal property situated within Waycross-Ware County, Georgia, which is subject to taxation for state, county, and municipal purposes, or for any other public purpose, to the full extent permitted by the Constitution and laws of Georgia; (2) Occupation and business license taxes that are not prohibited by the Constitution and general laws of Georgia. These taxes may be levied upon any person, firm, partnership, company, or corporation which transacts business within Waycross-Ware County, Georgia, or which practices or offers to practice any trade, business, calling,

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avocation, or profession therein. The commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable. The commission shall have authority to provide by ordinance for the return or registration for taxation of any trade, business, calling, avocation, or profession subject to such taxes. In levying and collecting those taxes the commission, by ordinance, may require any person, firm, partnership, company, or corporation which transacts business within Waycross-Ware County, Georgia, or which practices or offers to practice any trade, business, calling, avocation, or profession therein to obtain a license or permit for these activities from the unified government and to pay a reasonable fee for the license or permit for the regulation of any activities not prohibited by general law. The commission, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate, including but not limited to denial or revocation for any violation of federal or state law or local ordinance; (3) An excise tax on rooms, lodgings, or accommodations as now or hereafter provided by law for counties and municipalities; (4) License fees and taxes on insurance companies as authorized by Code Sections 33-8-8 through 33-8-8.6 of the O.C.G.A.; (5) A public utility franchise tax, fee, or both, on each electric light and power company, gas company, telephone and telegraph company, and other public utility making use of the roads, streets, alleys, or other public ways of the unified government for the purpose of rendering services therein; (6) Franchise fees on cable television systems as now or hereafter provided by law for counties; (7) Fees, assessments, and charges for the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, storm sewers, drainage structures, or other utility mains and appurtenances from the abutting property owners under any terms and conditions as provided by ordinance; (8) Fees, assessments, charges, and tolls for sanitary and health services or any other services rendered within and outside the limits of the unified government under such terms and conditions as provided by ordinance; (9) All other such taxes, charges, or assessments as the City of Waycross or Ware County was authorized and empowered to make and collect upon January 1, 2001, which powers may be exercised throughout the area of the unified government, or appropriate portions thereof, including any tax now or hereafter authorized by state law and the specific mention of any right, power, or authority in this charter

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shall not be construed as limiting in any way the general powers of the commission to govern its local affairs. When authorized by this charter or a statute or the Constitution of the State of Georgia, the commission shall have full power and authority to assess, levy, charge, and collect taxes, rentals, interest, fees, penalties, fines, and costs; to receive income on investments; to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations; and to contract with them for any public purpose; (10) An excise tax upon the sale of distilled spirits or alcoholic beverages for beverage purposes by the drink as now or hereafter provided by law for counties and municipalities; (11) An excise tax upon the sale, transfer, or dispensing of malt beverages and alcoholic beverages within Waycross-Ware County, Georgia, by wholesale or retail dealers as now or hereafter provided by law for counties and municipalities. In addition, the commission shall have the authority to impose, assess, levy, and collect an excise tax upon the sale, transfer, or dispensing of wine by wholesale or retail dealers within Waycross-Ware County, Georgia, as now or hereafter provided by law for counties and municipalities; and (12) Such other taxes and charges as provided by law. SECTION 7-102 . Collection of delinquent taxes and fees. The collection of delinquent taxes and fees shall be as provided in state law for the collection of delinquent property taxes by counties. SECTION 7-103 . Homestead exemptions. The homestead exemptions provided under the Constitution and laws of Georgia presently in force or as hereafter amended shall be applicable to all such property subject to ad valorem taxes within Waycross-Ware County, Georgia. SECTION 7-104 . Tax and services districts; taxation therein. (a) The general services district as defined and authorized in paragraph (1) of subsection (a) of Section 7-301 of this charter shall constitute a general services tax district wherein the commission shall levy and collect taxes and shall appropriate money to perform and discharge those powers, functions, and services provided therein by the unified government. (b) The urban services district as defined and authorized in paragraph (2) of subsection (a) of Section 7-301 of this charter together with any

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enlargement or modification thereof pursuant to the provisions of this charter, shall constitute an urban tax district in which the commission may levy and collect additional taxes and may appropriate additional money therefrom to perform and discharge those additional powers, functions, and additional services provided therein by the unified government. (c) The assessment of real and personal property for ad valorem tax purposes shall be upon a uniform basis throughout the entire area of the unified government; provided, however, the rate and manner of additional taxation of services districts may vary in any services tax district from that in another or other services tax districts in such a way as to reflect reasonably the kind, character, type, degree, and level of services afforded to such services tax district or districts. CHAPTER 2Borrowing and Indebtedness SECTION 7-201 . Issuance of general obligation bonds. (a) The commission shall be authorized to issue and sell general obligation bonds, after approval of the qualified voters, under the provisions of the Constitution and general laws of Georgia for any public purpose for the benefit of the unified government or any tax district or services district thereof; provided, however, that for the purpose of issuing and selling such general obligation bonds, the unified government shall be deemed a county and the provisions of the Constitution and laws of Georgia governing the limitations, terms, and procedures for the issuance and sale of bonds by counties shall apply to the unified government unless otherwise provided by this charter. (b) All general obligation bonds shall be issued in the name of Waycross-Ware County, Georgia, and shall be an obligation thereof, and the full faith and credit of the unified government shall be pledged for all general obligation bonds issued thereunder which are payable from ad valorem taxes; and, for such purpose, the commission shall have the authority to levy and collect ad valorem taxes on all taxable property within the territorial limits of the unified government. SECTION 7-202 . Debt limitation; general obligation bonds. The total general obligation bond indebtedness of the unified government payable from ad valorem taxes including all outstanding general obligation bonds of the former City of Waycross and Ware County on January 1, 2001, shall not exceed 10 percent of the assessed value of all taxable property within the territorial limits of the unified government.

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SECTION 7-203 . Revenue bonds. The commission shall be empowered and authorized to issue revenue bonds for the purposes and in the manner as now or hereafter provided by Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law. SECTION 7-204 . Use of bond proceeds. All revenue derived by the unified government from the issuance and sale of bonds shall be used exclusively for the purposes for which such bonds were issued, and all ad valorem taxes collected for the purpose of servicing or retiring such bonds shall be used exclusively for the payment of principal and interest thereof. SECTION 7-205 . Allocation of indebtedness. (a) All general indebtedness of Ware County, whether represented by general obligation bonds or otherwise, which may be outstanding on January 1, 2001, shall be allocated to the general services district as defined in paragraph (1) of subsection (a) of Section 7-301 of this charter and is recognized as the obligation of the general services district of Waycross-Ware County, Georgia. All general indebtedness of the City of Waycross, whether represented by general obligation bonds or otherwise, which may be outstanding on January 1, 2001, shall be allocated to the urban services district as defined in paragraph (2) of subsection (a) of Section 7-301 of this charter. The commission is authorized to levy taxes and otherwise provide for the retirement of such indebtedness, subject to the terms of this charter. Any funds in the control of the heretofore existent City of Waycross and Ware County, now unified into Waycross-Ware County, Georgia, by this charter, which theretofore had been allocated to the retirement of any bonded indebtedness of said municipality and county shall be so applied by the commission. (b) All general obligation bonds issued prior to January 1, 2001, by Ware County and all bonds authorized but unissued by Ware County on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia, shall be allocated to the general services district, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected in the general services district. All general obligation bonds issued prior to January 1, 2001, by the City of Waycross and all bonds authorized but unissued by the City of Waycross on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia, shall be allocated to the urban services district, and the principal and interest on such bonds

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shall be paid from ad valorem taxes or other revenues collected in the urban services district. (c) Any revenue bonds issued prior to January 1, 2001, by the City of Waycross or Ware County under Article 3 of Chapter 82 of Title 36 of the O.C.G.A., the Revenue Bond Law, and any such revenue bonds authorized but unissued by said city or county on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia, shall be payable as to principal and interest from the revenues or sources and in the manner provided in the proceedings which authorized the issuance of such revenue bonds. (d) Neither the allocation of bonds to the general services district nor any of the other provisions of this charter shall impair or diminish any of the rights, revenues, or security and source for payment of any of such bonds or revenue bonds issued by the City of Waycross or by Ware County prior to January 1, 2001, or authorized but unissued by the City of Waycross or by Ware County on January 1, 2001, and thereafter issued by Waycross-Ware County, Georgia; and such holders of such bonds or revenue bonds shall have and be entitled to enforce any and all rights, remedies, and security and sources for payment granted such holders by the proceedings which authorized the issuance of such bonds or revenue bonds as fully and to the same extent as if this charter had not been adopted. CHAPTER 3Financing of Services SECTION 7-301 . General and urban services districts. (a) In Waycross-Ware County, Georgia, there shall be: (1) A general services district which shall consist of the total area of Ware County as fixed and established upon January 1, 2001, or as hereafter modified according to law; (2) An urban services district which shall consist of the area embraced within the corporate limits of the City of Waycross as the same exists upon the day immediately preceding January 1, 2001, or as such district may be expanded as provided in this section; and (3) Such special services districts as the commission may subsequently establish. (b) All other tax districts existing in the City of Waycross or Ware County immediately prior to January 1, 2001, are continued in effect by this charter. (c) Such services districts shall be tax districts wherein taxes and other assessments shall be assessed, levied, and collected by the unified government in accordance with the kind, character, type, and degree of services actually provided therein and may vary in any one services district from that of another or other districts in accordance with the provisions of this

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charter. The powers, authority, duties, liabilities, services, and functions of Waycross-Ware County, Georgia, may vary in any services district from that in another or other services district. (d) The unified government is empowered to exercise and provide within the general services district and within any urban services district established by this charter or by ordinance of the commission those powers, functions, and services which have theretofore been exercised and provided by Ware County or the City of Waycross, or both; all powers, functions, and services authorized by this charter, and any amendments thereto; and all powers, functions, and services which counties and municipal corporations, or both, are now or hereafter authorized to exercise under the Constitution and laws of Georgia. (e) The unified government shall perform or procure the performance within the general services district of those governmental duties, functions, and services which are generally available and accessible to all residents throughout the total territory of the unified government. (f) The unified government shall perform within its urban services districts those additional, more comprehensive, intensive, and higher levels of governmental duties, functions, and services which benefit primarily the residents of such urban services districts. SECTION 7-302 . Creation of services districts by ordinance. Except as otherwise provided by this charter, services districts of the unified government shall be created, expanded, merged, unified, or reduced only by ordinance duly adopted by the commission under such general rules, procedures, regulations, requirements, and specifications as are established by the commission and this charter. Such rules and regulations shall set forth the manner and method for the creation of new services districts and the expansion, unification, reduction, or merger of existing services districts; set forth requirements for defining functions and policies for rendering services, for changing levels of services within existing services districts, and for transferring territory from one services district to another; and set forth requirements for defining boundaries of services districts. SECTION 7-303 . Requirements for defining boundaries. Whenever in this charter it is required that the boundaries of a services district be set out, it shall suffice if the boundaries are described in such a way as to convey an intelligent understanding of the location of the land. In the discretion of the commission, the boundaries may be described: (1) by reference to a map; (2) by metes and bounds; (3) by general description referring to roads or natural boundaries or to the boundaries of particular

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tracts or parcels of land; or (4) by any combination of the methods described in this section. SECTION 7-304 . Notice of hearing prior to adoption of ordinance. Before it adopts any ordinance authorized or described in Sections 7-301 through 7-303 of this charter, the commission shall give notice of its intentions to consider the ordinance and shall provide an opportunity for interested persons to be heard as is provided for in Section 1-105 of this charter. CHAPTER 4Financial Administration SECTION 7-401 . Fiscal year. The fiscal year of Waycross-Ware County, Georgia, shall begin on the first day of July of each year and shall end on the thirtieth day of June next following. The commission may adopt a different fiscal year by ordinance, which shall not be effective until at least six months after the date of adoption thereof. The fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency, and activity of the unified government, unless otherwise provided by state or federal law. SECTION 7-402 . Preparation of budgets. The preparation of annual budgets shall be as prescribed by ordinance and provisions of this charter. SECTION 7-403 . Scope of budgets. (a) There shall be two annual budgets: (1) The annual operating expenses budget shall apply only to the operating expenses of the unified government; and (2) The capital improvements budget shall apply only to capital improvement expenses of the unified government. (b) Each section of the annual operating expenses budget and the capital improvements budget shall contain with respect to each of the operating funds of the government of Waycross-Ware County, Georgia, to which they are applicable: (1) A reasonable estimate of cash revenues to be received during the ensuing year, classified according to source;

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(2) Proposed expenditures detailed by each department, board, commission, office, agency, and activity in accordance with an established classification of accounts, including those capital outlays which are to be financed from the revenues of the ensuing year and including all debt service requirements in full for such fiscal year; and (3) Such other information as may be considered necessary or desirable by the manager, the mayor/chairperson, or the commission. (c) In no event shall the total proposed expenditures from any fund exceed the total anticipated revenues plus the estimated unappropriated surplus or fund balance and applicable reserves less any estimated deficit at the end of the current fiscal year. (d) The capital improvements budget shall describe capital projects anticipated, the proposed expenditures therefor, and the revenues or other sources of funds anticipated to finance such capital projects. SECTION 7-404 . Submission of budgets to the commission. (a) In advance of initiating preparation of the annual budgets, the mayor/chairperson, with participation of the commission, shall develop a statement of the general fiscal policies of Waycross-Ware County, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. (b) On or before a date fixed by the commission but not later than 60 days prior to the beginning of each fiscal year, the mayor/chairperson of the unified government shall submit to the commission a proposed operating expenses budget and a proposed capital improvements budget for the ensuing fiscal year. Such budgets shall be accompanied by a message from the mayor/chairperson containing a statement of the general fiscal policies of Waycross-Ware County, Georgia, the important features of the budgets, explanations of major changes recommended for the next fiscal year, a general summary of the budgets, and such other comments and information as may be deemed pertinent. A summary of the budgets and the mayor/chairperson's message thereon shall be published in a newspaper of general circulation designated as the legal organ of Waycross-Ware County. The operating expenses budget and the capital improvements budget, the budget message, and all supporting schedules shall be filed in the manager's office and shall be open to public inspection. SECTION 7-405 . Adoption of budgets. (a) The commission shall approve or reject the proposed operating expenses budget. Such budget as finally adopted must provide for all

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expenditures required by 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, constituting the resources available of such fund. (b) The commission shall adopt the final annual operating expenses budget for the ensuing fiscal year not later than the thirtieth day of June of each year and such budget shall be effective for the fiscal year beginning on the first day of July. In the event the commission fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year, with appropriate items prorated accordingly until such time as the commission shall adopt an operating expenses budget for the ensuing fiscal year. Adoption of the operating expenses budget shall take the form of an appropriations ordinance setting out estimated revenues in detail by source and making appropriations accordingly to fund organizational units, purposes, or activities as set forth in the operating expenses budget. (c) The amount set out in the adopted operating expenses budget for each organizational unit, purpose, or activity 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 appropriation, or allotment thereof, to which it is chargeable. (d) The commission shall adopt by ordinance the capital improvements program and capital improvement expenses budget for the ensuing fiscal year not later than the thirtieth day of June of each year. The adopting ordinance shall show in detail the capital expenditures intended to be made or incurred in the ensuing fiscal year that are to be financed from funds subject to control or appropriation by the commission and shall be in full conformity with that part of the capital improvements program applicable to the year which it covers. Amounts specified as intended to be spent out of new appropriations shall, upon enactment of the ordinance adopting the capital improvement expenses budget, constitute appropriations of such amounts. SECTION 7-406 . Property tax levies. Following the adoption of the annual operating expenses budget and the capital improvements budget for each fiscal year: (1) The commission shall levy by ordinance a general services district tax on all real and personal property within the general services tax district as provided by this charter. The tax rate set by such ordinance shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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

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annual operating expenses budget for defraying the expenses of the general services district for services to be rendered throughout the entire area of Waycross-Ware County, Georgia. Such services shall include those functions set forth in subsections (c) and (d) of Section 7-301 of this charter, and such other purposes, functions, and services as may be authorized by the laws of Georgia, by this charter, or by ordinance of the commission; (2) The commission shall levy by ordinance an urban services district tax on all real and personal property within the urban services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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 expenses budget for defraying the expenses of a higher level of services to be rendered in urban services districts; and (3) The commission shall levy by ordinance a special services district tax on all real and personal property within the special services tax district as authorized by this charter. The tax rates set by such ordinance for each district shall be such that a reasonable estimate of cash revenues from such levy shall be at least 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 expenses budget for defraying the expenses of a higher level of services to be rendered in a special services district. SECTION 7-407 . Limitation of funds. Upon certification by the manager that the revenues or other resources actually realized with respect to any fund will be less than was anticipated and will be insufficient to meet the amounts appropriated from such fund, it shall be the duty of the manager upon the instruction of the mayor/chairperson of the unified government to limit such appropriations as may be necessary to prevent deficit operation. SECTION 7-408 . Transfer of funds. Upon recommendation of the manager and approval of the mayor/chairperson, the commission may make interfund or interdepartmental transfers in the current operating expenses budget or capital improvements expenses budget at any regular or special meeting called for such purpose, provided funds are also available.

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SECTION 7-409 . Lapse of appropriations. All unencumbered balances of appropriations in the current operating expenses budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. SECTION 7-410 . Continuing audit. (a) The commission shall have conducted a continuing internal audit of the fiscal affairs and operations of every department, office, and agency of the unified government. (b) The commission shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the unified government of Waycross-Ware County, Georgia, and of every office, department, board, commission, authority, or other agency. The audit shall be made by a certified public accountant who shall have no personal interest, direct or indirect, in the fiscal affairs of Waycross-Ware County, Georgia, or of any of its departments, offices, boards, commissions, authorities, or agencies. The commission shall by competitive bids, taking into consideration the lowest and best bid, designate such accountant or firm annually or for a period not exceeding three years. (c) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six months after the close of the fiscal year. The audit report shall be filed with the manager and made available to the public. (d) The commission may at any time order an examination or special audit of any office, department, board, commission, or other agency of Waycross-Ware County, Georgia. CHAPTER 5Procurement and Disposition of Property SECTION 7-501 . Contracting procedures. The commission shall prescribe by ordinance rules and regulations which must be followed in the making of contracts in order to bind the government of Waycross-Ware County, Georgia. Except where otherwise provided by law or by ordinance, all contracts of the government of Waycross-Ware County, Georgia, shall be signed by the mayor/chairperson and authenticated by the manager.

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SECTION 7-502 . Sale and disposition of property. (a) The commission is authorized to sell any real or personal property owned or held by Waycross-Ware County, Georgia, and not needed for governmental or other public purposes in such manner as is required in state law for counties, as provided for in Code Sections 36-9-2 and 36-9-3 of the O.C.G.A. (b) The commission is empowered to authorize the following transactions: (1) A transfer of any real or personal property owned by Waycross-Ware County, Georgia, to another governmental entity upon finding that such transfer is in the public interest; (2) A sale of any such property to another governmental entity; and (3) An exchange of such property for property that is owned privately or by some other governmental entity. In each instance, whether the property is transferred, sold, or exchanged, the requirements of a public sale shall not be required; but a statement thereof shall be published in the newspaper designated as the legal organ of Waycross-Ware County once a week for the two weeks preceding the day in which such transaction is to be concluded. Such statement shall contain a description of the property or properties involved and the prices and estimated values as to each item of property. (c) Waycross-Ware County, Georgia, may quitclaim any rights it may have in property not needed for public purposes upon a report by the manager of the unified government and the adoption by the commission of a resolution, both finding that the property is not needed for public purposes and that the interest of the unified government of Waycross-Ware County, Georgia, therein has no readily ascertainable monetary value. (d) Whenever in opening, extending, or widening any street, avenue, alley, or public place of Waycross-Ware County, Georgia, a small parcel or tract of land is cut off or separated by such work from a larger tract of land owned by Waycross-Ware County, Georgia, the commission may authorize the execution and deliverance in the name of the unified government of Waycross-Ware County, Georgia, of 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 in said street, avenue, alley, or public place, or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances so executed and delivered shall convey all title and interest the unified government of Waycross-Ware County, Georgia, has in such property. ARTICLE VIII GENERAL PROVISIONS Section 8-101. Application of laws; laws in force. Section 8-102. Limitation on claims and service. Section 8-103. Tort and nuisance liability. Section 8-104. Conflict of laws. Section 8-105. Competitive bidding. Section 8-106. Execution of assessments. Section 8-107. Authority to deal with federal and state agencies. Section 8-108. Federal and state aid. Section 8-109. Budgets of county officers and agencies. Section 8-110. Existing pension rights protected. Section 8-111. Establishment of new pension systems; merging of existing systems Section 8-112. Amending charter. Section 8-113. Fidelity bonds. Section 8-114. Examples of powers. Section 8-115. Provision of services. Section 8-116. The overview commission. Section 8-117. Historic items. Section 8-118. Section captions. Section 8-119. Effect of repeals. ARTICLE VIII GENERAL PROVISIONS SECTION 8-101 . Application of laws; laws in force. (a) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the unified government. General laws of local application through classification by population, not in conflict with this charter: (1) Which on January 1, 2001, apply to the City of Waycross or Ware County, Georgia, shall be applicable to the unified government; and (2) Which apply to the unified government as either a city or a county at the time of their enactment or thereafter shall be effective; but those which did not apply to the City of Waycross or Ware County or the unified government at the time of their enactment shall not become applicable to the unified government except through the adoption of a resolution to that effect by the commission. (b) Local Acts of the State of Georgia which apply specifically to either Ware County or the City of Waycross, or both, shall be applicable to the unified government. (c) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Ware County or the City of Waycross, or both, the

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following terms as used in such laws shall be construed to include the unified government as follows: (1) County shall be construed to include Waycross-Ware County, Georgia; (2) City, town, municipal corporation, or municipality shall be construed to include Waycross-Ware County, Georgia; (3) Commissioners of roads and revenues and board of county commissioners shall be construed to include the Commission of Waycross-Ware County, Georgia; (4) Council, mayor and commission, aldermen, and board of aldermen shall be construed to include the Commission of Waycross-Ware County, Georgia; (5) Chairman of the commissioners of roads and revenues, and chairman of the board of county commissioners shall be construed to include the mayor/chairperson of Waycross-Ware County, Georgia; (6) Mayor shall be construed to include the mayor/chairperson of Waycross-Ware County, Georgia; and (7) Any other terms and provisions as used in such Acts to refer specifically to Ware County or the City of Waycross, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Waycross-Ware County, Georgia, and its officers, employees, departments, and agencies. (d) In construing the applicability of laws in force to the unified government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties, or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section; (4) Special laws applicable to Ware County, not in conflict with this charter; (5) Special laws applicable to the City of Waycross, not in conflict with this charter; (6) This charter and all ordinances and resolutions passed pursuant thereto; and

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(7) Existing ordinances and resolutions of the former City of Waycross and existing ordinances and resolutions of the former County of Ware not in conflict with this charter. SECTION 8-102 . Limitation on claims and service. (a) All contractual claims against the unified government shall be presented within 12 months after they accure or become payable or the same as claimed, unless held by minors or other persons laboring under disabilities, who are allowed 12 months after the removal of such disability. (b) Service on the unified government of any suit, process, or order of court shall be served upon the mayor/chairperson. SECTION 8-103 . Tort and nuisance liability. The tort and nuisance liability of the unified government shall follow the law and rules of tort liability applicable to counties in Georgia. SECTION 8-104 . Conflict of laws. For purposes of all applicable laws, the unified government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail. SECTION 8-105 . Competitive bidding. All departments and agencies of the unified government must utilize competitive bidding procedures, as specified in an ordinance of the commission, for all purchases in excess of an amount provided for in an ordinance of the commission, unless such purchase shall be otherwise approved by five of the seven commissioners. SECTION 8-106 . Execution of assessments. Whenever any tax or special assessment is authorized or empowered to be levied or imposed by this charter which is required to be collected by the unified government and such is not paid within the time period specified by the commission and no specific provision is elsewhere provided in this charter for its collection, then the manager shall issue execution in the name of the unified government against such person, firm, or entity liable

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therefor or property subject thereto for such sums as may be due with interest at the legal rate from due date and penalties and costs. The unified government shall have the right to enforce payment of such execution by levy and sale as in the case of county taxes, and the purchaser at such sale shall acquire the same title and rights as a purchaser at a sale for county taxes. Executions issued by the manager of Waycross-Ware County, Georgia, and the levy and sale thereunder shall be governed by general law. SECTION 8-107 . Authority to deal with federal and state agencies. The unified government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including but not limited to community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds or a combination thereof for any such purposes in accordance with provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the unified government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency. SECTION 8-108 . Federal and state aid. The unified government shall be deemed a county but shall also be deemed an incorporated city or municipality for the purpose of determining its right to receive and for the purpose of receiving state aid or grant in aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private. The unified government shall be entitled to receive as state aid or as grant in aid from the State of Georgia or from the United States or from any agency or instrumentality thereof or from any other source, public or private, all funds to which a county is or may hereafter be entitled and also all funds to which an incorporated city or municipality is or may be hereafter entitled and to receive the same without diminution or loss by reason of unification. When state aid or other grant in aid is distributed to any county on the basis of population or area, or both, then the entire population and the total area of Waycross-Ware County, Georgia, shall be considered in calculating and determining the basis for such distribution. When state aid or other grant in aid is distributed to any county on the basis of rural area, rural road mileage, or rural population, or any

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combination thereof, then that area of the general services district outside of the urban services district or districts shall be deemed to constitute rural area, its road mileage to constitute rural road mileage, and its population to constitute rural population. When state aid or other grant in aid is distributed to any incorporated city or municipality on the basis of population or area, or both, then the population or the area of the urban services district or districts of Waycross-Ware County, Georgia, shall be deemed the population and the area used in calculating and determining the basis of such distribution. SECTION 8-109 . Budgets of county officers and agencies. All elected officers and all agencies not under the direct control and jurisdiction of the manager, such as the Board of Health and the Board of Family and Children Services, which receive appropriations from the commission, shall, on the same date as is applicable to budgets submitted by department heads, submit to the manager annual operating and capital budget requests for the ensuing fiscal year. Such budget requests, after any revisions therein by the manager and the mayor/chairperson, shall be incorporated into the overall unified government budgets for submission by the mayor/chairperson to the commission, which shall grant a hearing to any such officer or agency on such proposed budgets. SECTION 8-110 . Existing pension rights protected. (a) Persons who, on January 1, 2001, are employed by any office, department, board, commission, or agency of the former City of Waycross shall retain all pension rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for city employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. (b) Persons who, on January 1, 2001, are employed by any office, department, board, commission, or agency of the former County of Ware shall retain all rights which have accrued to them under any existing pension system. The unified government shall continue in force and effect any existing pension system for county employees covered thereby who are employed by the unified government, and the services of such employees shall not be deemed to have been interrupted by the adoption of this charter. SECTION 8-111 . Establishment of new pension systems; merging of existing systems. The commission is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such

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other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on January 1, 2001; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Waycross, Ware County, or of any agency of such former governments. SECTION 8-112 . Amending charter. This charter may be modified, rescinded, changed, or amended by only the following methods: (1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the Commission of Waycross-Ware County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. SECTION 8-113 . Fidelity bonds. All officers of the unified government, both elected and appointed, shall execute such official bonds in such amounts and upon such terms and conditions as the law or the commission may require. SECTION 8-114 . Examples of powers. The powers of Waycross-Ware County, Georgia, shall include, but shall not be limited to, the following powers: (1) Ad valorem taxation: to levy, assess, and collect ad valorem taxes on all taxable property; (2) Other taxes: to levy, assess, and collect other taxes allowed by general law and in accordance therewith; (3) Business regulation and taxation: to levy, assess, and collect occupational and business taxes and to license and regulate occupations and businesses. Such taxes may be based on any one or combination of the following criteria: (A) Gross receipts, notwithstanding the provisions of Code Section 48-8-6 of the O.C.G.A.; (B) Square footage; (C) Number of employees;

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(D) Fixed fee; or (E) Any other criterion reasonably related to the purposes of this power; (4) Appropriations: to make appropriations and expend funds for support of the unified government and any other lawful purpose; (5) Debts: to borrow money and issue bonds as authorized by general law; (6) Property: to own property and interests in property; (7) Gifts: to accept gifts and grants for any purpose related to the powers and duties of the unified government on such terms as the donor may impose; (8) Condemnation: to condemn property inside the unified government for present or future use; (9) Public utilities: to acquire, lease, operate, and dispose of public utilities; (10) Franchises: to grant franchises or make contracts for public utilities and to prescribe the conditions of such franchises and contracts; (11) Roadways: to open, maintain, improve, and close streets and roads and to grant franchises and rights of way thereon; (12) Public facilities: to acquire, operate, and dispose of public buildings, public projects, parks, cemeteries, recreational facilities, and other public improvements inside the unified government; (13) Building regulation: to regulate the building trades and the construction of buildings and to adopt and enforce building, housing, plumbing, electrical, gas, heating, and air-conditioning codes; (14) Planning and zoning: to adopt land use plans and exercise the power of zoning, subdivision regulation, and the like; (15) Police power: to exercise the police power for the public safety and well-being of the citizens of the unified government; (16) Roadside regulation: to prohibit or regulate signs, billboards, and other items upon or adjacent to streets and roads; (17) Health: to prescribe and enforce health and sanitation standards; (18) Pollution: to regulate emissions which pollute the air and water; (19) Fire safety: to fix fire limits and to prescribe and enforce fire safety regulations;

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(20) Public hazards: to provide for the destruction or removal of public hazards; (21) Waste disposal: to provide for and regulate the collection, disposal, and recycling of garbage and wastes; (22) Water and sewer fees: to fix and collect water and sewer fees; (23) Garbage fees: to fix and collect garbage fees; (24) Nuisances: to define and provide for the abatement of nuisances; (25) Property protection: to preserve and protect the property of the unified government; (26) Prisoners: to provide for public work by prisoners and for their confinement; (27) Animal control: to regulate or prohibit the keeping of animals; (28) Motor vehicles: to regulate the operation and parking of motor vehicles; (29) Taxicabs: to regulate vehicles operated for hire in the unified government; (30) Pensions: to provide and maintain a system of pensions and retirement for employees and officers of the unified government; (31) Special assessments: to levy, assess, and collect special assessments to cover the cost of public improvements; (32) Contracts: to enter into lawful contracts and agreements; (33) Agencies: to create, alter, or abolish departments, boards, offices, commissions, authorities, and agencies of the unified government and to confer appropriate authority upon them; (34) Penalties: to provide penalties for violations of ordinances of the unified government; (35) Police and fire protection: to exercise the power of arrest through appointed police officers and to operate a fire department; (36) Emergencies: to provide for the determination, proclamation, and combating of emergencies; (37) Urban redevelopment: to organize and operate an urban redevelopment program; (38) Public transportation: to organize and operate public transportation systems; and (39) 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 the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the unified government. SECTION 8-115 . Provision of services. When determining services to be provided, the unified government shall always attempt: (1) To efficiently allocate resources to increase the quality of life for all citizens of Waycross-Ware County; (2) To provide the highest quality services to all citizens of Waycross-Ware County; (3) To ensure efficient utilization of community resources; (4) To promote equity for all citizens in the delivery of governmental services throughout Waycross-Ware County; and (5) To recognize and consider the advantages of the provision of services through contractual arrangements with other governments and private enterprises. SECTION 8-116 . The overview commission. (a) In order to provide a more efficient and responsive government for the citizens of Waycross-Ware County, an overview commission shall be established to review the operation of the unified government. Such evaluation shall be completed every four years. (b) The overview commission shall be composed of a minimum of 22 individuals to be appointed by the grand jury sitting immediately prior to July 1, 2004. Members of the overview commission shall be registered voters in Waycross-Ware County and not members of the appointing grand jury. Three members shall be selected from each commission district and one member, who shall serve as chair, from the county at large. In making appointments to the overview commission, the grand jury shall solicit and consider applications from the citizens of Waycross-Ware County. (c) The overview commission shall be convened on July 1, 2004, and shall complete its review on or before December 31, 2004. In reviewing the unified government, the following factors shall be considered: (1) The goals and objectives of the unified government; (2) The extent to which the unified government has achieved its original objectives in an effective and responsible manner; (3) The performance and accomplishments of the agencies of the unified government in the preceding fiscal year, budgetary costs incurred, projected activities, and budgets;

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(4) The extent to which additional programs are needed; and (5) Any other relevant criteria that the overview commission considers necessary in its evaluation. (d) Upon completion of its review, the overview commission shall make recommendations to the new government in the same manner as grand jury presentments are normally made to a local government. SECTION 8-117 . Historic items. It shall be the responsibility of the unified government to collect, preserve, and display documents and other items of historical significance to the City of Waycross and Ware County. SECTION 8-118 . Section captions. The captions to the several sections of this charter are informative only and are not to be construed as a part thereof. SECTION 8-119 . Effect of repeals. No law heretofore repealed, expressly or by implication, shall be revived by the repeal herein of the repealing Act or by any provision of this charter that disclaims an intention to repeal or affect enumerated laws. ARTICLE IX TRANSITION PROVISIONS Section 9-101. Provision of services during transition. Section 9-102. Protection and compensation of existing employees. Section 9-103. Effective date of charter. Section 9-104. Initial budgets. Section 9-105. Number of employees. Section 9-106. Cooperation of former governments. Section 9-107. Existing ordinances and resolutions continued in effect. Section 9-108. Contracts and obligations. Section 9-109. Dissolution of existing governments. Section 9-110. Transfer of records and equipment. Section 9-111. Officers serve until successors qualify. Section 9-112. Referenda on the charter. Section 9-113. Effective dates. Section 9-114. Repealer.

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ARTICLE IX TRANSITION PROVISIONS SECTION 9-101 . Provision of services during transition. In order to unify the two governments and to assure the common and continued administration of services currently provided by both the City of Waycross and Ware County, the following procedures shall apply: (1) On January 1, 2001, all services currently provided by the county shall be provided through the general services district to all residents of the county and all services provided by the city shall be provided through the urban services district to the current residents of the City of Waycross. Assuming the continued availability of state and federal funds, these service arrangements shall apply until modified as provided under the provisions set forth in this article; (2) The unified government shall work with due speed to equalize the charges for all services throughout the county. SECTION 9-102 . Protection and compensation of existing employees. (a) All full-time employees of the City of Waycross and Ware County and all full-time employees of any department, office, or agency thereof shall, upon the termination of said city and county governments and the inception of the unified government, become employees of the unified government or of a department, office, or agency thereof and shall be assigned to duties as similar in nature as may be practicable within said government. (b) No permanent full-time employee of the City of Waycross or Ware County shall suffer any diminution of compensation resulting from the adoption of this charter. The definition of compensation includes, but is not limited to, salary, insurance and retirement benefits, annual and sick leave, and rights provided by a merit system. (c) On or by January 1, 2002, the unified government shall have begun implementation of a plan that ensures that all employees performing the same functions and having the same responsibilities receive uniform compensation by the end of the fourth year of operation of the unified government. This requirement that there be a uniform level of compensation throughout Waycross-Ware County by the end of the fourth year does not require that there be any freeze on employee compensation. (d) Elimination of the duplication of functions shall be addressed through attrition and reassignment. Therefore, no permanent full-time employee of the City of Waycross or Ware County at the time of unification shall

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suffer any reduction of compensation resulting from the adoption of this charter. (e) No person shall be appointed to, removed from, or in any way favored or discriminated against with respect to any position in the unified government because of race, gender, religion, age, handicap, or national origin. SECTION 9-103 . Effective date of charter. This charter shall become effective on January 1, 2001, except as otherwise provided in Section 9-113. SECTION 9-104 . Initial budgets. (a) Until July 1, 2001, the unified government shall operate under the funds remaining from the fiscal year 1999-2000 of the combined budgets of the City of Waycross and Ware County. (b) The first full 12 month annual operating expenses budget and capital improvements expenses budget of the unified government (July 1, 2001, to June 30, 2002) shall not exceed an amount equal to the combined 2000-2001 fiscal year budgets of the City of Waycross and Ware County, plus increases due to inflation as specified in figures from the United States government. SECTION 9-105 . Number of employees. From January 1, 2001, until June 30, 2001 the total number of employees of the unified government shall not exceed the combined number of employees authorized for the governments of the City of Waycross and Ware County on January 1, 2001, except as otherwise mandated by law. SECTION 9-106 . Cooperation of former governments. (a) All officers, officials, and employees of the former City of Waycross and Ware County shall cooperate with and assist the mayor/chairperson, the commission, the manager, and other officers of Waycross-Ware County, Georgia: (1) In planning the unification of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the unified government of Waycross-Ware County, Georgia; and

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(2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the unified government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall, to the extent possible, provide working areas and facilities for the officers of the unified government. (b) A schedule for activity during the transition period is contained in Appendix A, attached to and made a part of this charter. SECTION 9-107 . Existing ordinances and resolutions continued in effect. (a) Subject to subsection (d) of this section, existing ordinances and resolutions of the Commission of Ware County and existing rules and regulations of county departments or agencies, not inconsistent with the provisions of this charter, shall continue in effect as ordinances, resolutions, rules, or regulations of Waycross-Ware County, Georgia, or the appropriate department or agency thereof until they have been repealed, modified, or amended. (b) Subject to subsection (d) of this section, existing ordinances and resolutions of the City of Waycross, not inconsistent with the provisions of this charter, shall continue in effect as ordinances and resolutions of Waycross-Ware County, Georgia, and shall apply only to the area included within the urban services district until they have been repealed, modified, or amended. (c) Subject to subsection (d) of this section, in the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the unified government that such ordinance or resolution applied prior to January 1, 2001, and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (d) On or by January 1, 2002, all ordinances and resolutions shall apply uniformly throughout the area of the unified government. Prior to this date, the commission shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions, free of any conflicts or contradictions between such provisions. SECTION 9-108 . Contracts and obligations. (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Ware

Page 3873

County or for its benefit prior to January 1, 2001, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by Ware County to become effective after the date of approval of this charter and prior to January 1, 2001, shall be subject to ratification and approval by the commission of the unified government on or before July 1, 2001. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Waycross or for its benefit prior to January 1, 2001, shall continue in effect according to the terms thereof as obligations and rights of the unified government; provided, however, any obligation created by the City of Waycross to become effective after the date of approval of this charter and prior to January 1, 2001, shall be subject to ratification and approval by the commission of the unified government on or before July 1, 2001. (c) No pending action or proceeding of any nature whether civil, criminal, judicial, administrative, or other by or against the City of Waycross or Ware County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the unified government shall stand substituted as a party in lieu thereof. SECTION 9-109 . Dissolution of existing governments. On January 1, 2001, the Commission of Ware County and the Mayor and Commission of the City of Waycross, a municipal corporation created by an Act of the General Assembly of Georgia approved August 17, 1909 (Ga. L. 1909, p. 1456) as amended, particularly by an Act revising and restating the charter of the City of Waycross approved April 13, 1989 (Ga. L. 1989, p. 4916), and all the officers thereof and the offices thereof not continued under this charter are abolished and all emoluments appertaining thereto shall cease. Thereupon, the governments of Ware County and the City of Waycross shall terminate as separate political entities and all powers, functions, duties, and obligations thereof shall be transferred to and vested in the unified government created by this charter. SECTION 9-110 . Transfer of records and equipment. When an agency of the City of Waycross or of Ware County is abolished or unified by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred. SECTION 9-111 . Officers serve until successors qualify. Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Waycross or Ware County may

Page 3874

continue to perform the duties thereof until a successor, whether under the same title or office or another, shall be elected or appointed and qualified to perform the duties, it being the intention of this section that no duty or service shall lapse or be abandoned because of lack of an officer to perform same. SECTION 9-112 . Referenda on the charter. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Waycross 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 Waycross for approval or rejection, and the election superintendent of Ware County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Ware County for approval or rejection. The election superintendents shall conduct those elections on the same and earliest date therefor permissible under Code Section 21-2-540 of the O.C.G.A. and shall issue the calls and conduct those elections as provided by general law. The superintendents shall cause the date and purpose of the elections to be published once a week for two weeks immediately preceding the date thereof in the official organ of Ware County. The ballot in each election shall have written or printed thereon the words: () YES () NO Shall the charter unifying the governments of the City of Waycross and Ware County and creating a single unified government to supersede and replace those governments be approved? (b) All persons desiring to vote for approval of the charter shall vote Yes, and those persons desiring to vote for rejection of the charter shall vote No. If more than one-half of the votes cast on such question by the qualified voters of the City of Waycross are for approval of the charter and if more than one-half of the total number of votes cast on such question by the qualified voters of Ware County are for approval of the charter, then the charter shall become effective in the manner provided for in Section 9-113 of this Act. Otherwise, it 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 in Ware County shall be borne by Ware County, and the expense of such election in the City of Waycross shall be borne by the City of Waycross. (c) The special elections shall be conducted pursuant to Chapter 2 of Title 21 of the O.C.G.A., the Georgia Election Code. (d) A qualified voter, as used in this Act, shall mean a voter of Ware County qualified to vote for members of the General Assembly of Georgia. The superintendent of elections shall certify the returns to the Secretary of

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State. The superintendent of elections shall also furnish a certified copy of the charter to the Secretary of State. The Secretary of State shall issue a proclamation showing and declaring the result of the elections on the approval or rejection of the charter. One copy of the proclamation shall be attached to the copy of the charter certified to the Secretary of State. One copy of the proclamation shall be delivered to the clerk of the governing authority of the City of Waycross who shall attach the same to the copy of the charter previously certified to him or her. One copy of the proclamation shall be delivered to the clerk of the governing authority of Ware County who shall attach the same to the copy of the charter previously certified to him or her. (e) Whenever a charter for the unification of the governments of the City of Waycross and Ware County has been accepted, the above-certified copies thereof, with the proclamation of the Secretary of State of Georgia attached thereto, shall be deemed duplicate original copies of the charter for all purposes. The certified copy of the charter and proclamation deposited with the clerk of the governing authority of the City of Waycross and the certified copy of the charter and proclamation deposited with the clerk of the governing authority of Ware County shall subsequently be delivered by them to the successor government. The successor government may issue certified copies of the charter, and any copy so certified shall be deemed a duplicate original copy of the charter of Waycross-Ware County, Georgia, for all purposes. The Secretary of State is authorized to issue certified copies of the charter on file, and any copy so certified shall be deemed a duplicate original copy of the charter of Waycross-Ware County, Georgia, for all purposes. SECTION 9-113 . Effective dates. (a) Section 9-112 and this section shall become effective upon their approval by the Governor or upon their becoming law without such approval. (b) Those provisions of this Act necessary for election of the initial mayor/chairperson and members of the Commission of Waycross-Ware County, Georgia, shall become effective January 1, 2000. (c) The remaining provisions of this Act shall become effective on January 1, 2001, but only under the conditions specified in Section 9-112. SECTION 9-114 . Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIXES Appendix ATransition Schedule and Plan.

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Appendix BReapportionment Districts: Operator: local Client: ware Plan: waresb1p Appendix A Transition Schedule and Plan The following four-stage transition plan shall govern the implementation of this Act: Stage 1: Referendum on Charter to Initial Election Upon approval of the unification, a transition team shall be formed. The transition team will be appointed and charged with anticipating implementation responsibilities, issues, and opportunities related to the unification of the two governments. Their effort will involve collecting data, assembling facts, and presenting options to the unified government officials when they take office. The transition team does not have any decision-making power and will serve in an advisory function to the new government until such time as the newly elected officials assume the responsibilities described below. The transition team shall consist of: the county administrator; the city administrator; one appointee of the mayor of the City of Waycross who shall not be an elected official nor an employee of the City of Waycross; one appointee of the chairman of the Ware County Board of Commissioners who shall not be an elected official nor an employee of Ware County; and three members of the charter commission selected by the charter commission, one of whom shall serve as chair of the transition team. Stage 2: Initial Election to January 1, 2001 (a) The newly elected government assumes limited powers to plan for new government. During this time, the mayor/chairperson and commission may exercise the following powers: (1) Begin preparation for the appointment of the manager, attorney, and municipal judge; (2) Hold meetings, establish committees, plan the establishment of boundaries of the general and urban services districts, and plan for and schedule the initial organization of the unified government in accordance with the applicable provisions of this charter. The mayor/chairperson and commission shall be authorized to receive and expend appropriations from the Waycross City Commission and the Ware County Board of Commissioners for the purposes of performing its responsibilities as provided herein; (3) Initiation of the preparation of the initial budget of the unified government (July 1, 2001, to June 30, 2002); and (4) Begin preparation of plans and schedules for the unification of the various departments and agencies of the City of Waycross and Ware County.

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(b) All officers, officials, and employees of the City of Waycross and Ware County shall cooperate and assist the mayor/chairperson and commission andother officers of the unified government in planning for and scheduling the unification of departments, boards, and commissions of said former governments and in transferring functions, duties, and responsibilities of such departments, boards, commissions, and agencies to the appropriate agencies of the unified government and in all other respects in order that the transfer of the governmental and corporate functions of the former governments shall be accomplished in the most orderly manner possible. The mayor/chairperson, commission, and officers of the unified government shall be entitled to examine all records, files, and other data in possession of the former governments and all officers, officials, and employees thereof. The former governments shall, to the extent possible, provide working areas and facilities to the transition team and the newly elected mayor/chairperson and commission of the unified government. Stage 2: January 1, 2001, to June 30, 2001 The unified government takes office operating under the combined city and county budgets subject to the budget and employee caps specified in Sections 9-104 and 9-105. The unified government budget for July 1, 2001, to June 30, 2002, is prepared. During this period the government would begin combining operations. Stage 4: July 1, 2001, to June 30, 2002 The unified government begins operation under the first unified government budget. The budget for this fiscal year, July 1, 2001, to June 30, 2002, shall be capped by combining the July 1, 2000, to June 30, 2001, budgets of the city and county, plus increases due to inflation. Operator: local Client: ware Plan: waresb1p District No. 1 WARE Tract: 9503. Block: 133B, 134B, 135, 145, 146, 147, 148, 149, 238A, 238B, 263A, 264 Block Group: 3 Tract: 9504. Block: 201, 202, 203, 204, 205, 243, 258, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 401B, 405B, 408B, 409B, 410B, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426B, 428, 429B, 429C, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442 Tract: 9505.

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Block: 311B, 311C, 312A, 312B, 335, 402, 403, 404, 405, 406, 410, 411, 412, 413, 417, 418, 419, 420, 421, 422, 423, 424, 425, 431 Tract: 9508. Block: 107, 108, 109, 110, 111, 112, 113, 114, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 201, 202A, 218A, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 302, 303, 304, 305, 310, 311, 312, 313, 314, 315, 316, 317A, 318, 319, 320, 321, 329, 330, 339, 340, 341, 342, 343, 344, 345, 346, 352, 353, 354, 355, 356, 357 District No. 2 WARE Tract: 9504. Block: 101, 102, 103, 104, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 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, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 328, 329, 330, 331, 332, 333, 334 Tract: 9505. Block: 432, 433, 434, 435, 436 Tract: 9507. Tract: 9508. Block: 101, 102, 103, 104, 105, 106, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 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, 301, 306, 307, 308, 309, 322, 323, 324, 325, 326, 327, 328, 331, 332, 333, 334, 335, 336, 337, 338, 347, 348, 349, 350, 351 Tract: 9509. Block: 115A, 115B, 115C, 115D, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128A, 128B, 129, 130A, 130B, 130C, 130D, 130E, 131, 132A, 132B, 132C, 133A, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222A, 222B, 223A, 223B, 224, 225A, 225B, 225C, 225D, 225E, 225F, 227A, 227B, 227C, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238A, 239, 240, 241, 242, 243, 244, 245A, 308, 309, 334, 335, Block: 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 361 District No. 3 WARE

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Tract: 9504. Block: 105, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147 Tract: 9505. Block: 219B, 223B, 225B, 226A, 226B, 227B, 228B, 229B, 230B, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 306B, 308B, 309B, 401A, 407, 408, 409, 414, 415, 416, 426, 427, 428, 429, 430, 501C, 502A, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530B, 531, 532 Tract: 9506. Block: 101A, 101B, 110A, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130A, 130B, 132A, 133B, 140, 141, 142, 143, 144, 203A, 203B, 205A, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227 Block Group: 3 Block Group: 4 Block Group: 5 District No. 4 WARE Tract: 9501. Tract: 9502. 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, 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, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 251, 252, 253, 262, 263, 329, 330, 331, 332, 333, 334, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 352, 353, 354A, 354B, 355A, 355B, 356A, 356B Tract: 9508. Block: 202B, 203, 204, 205, 206, 207A, 207B, 208A, 208B, 209A, 209B, 210, 211, 212, 213, 214, 215A, 215B, 216A, 216B District No. 5 WARE Tract: 9502. Block: 230, 231, 250, 254, 255, 256, 257, 258, 259, 260, 261, 351 Tract: 9503. 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, 133A, 134A, 136, 137, 138, 139, 140, 141, 142, 143, 144, 150, 151, 152, 153, 154, 155, 156, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213,

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214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238C, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263B Tract: 9504. Block: 401A, 402, 403, 404, 405A, 406, 407, 408A, 409A, 410A, 426A, 427, 429A Tract: 9505. Block Group: 1 Block: 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 220, 221, 222, 223A, 224, 225A, 227A, 228A, 229A, 230A, 230C, 301, 302, 303, 304, 305, 306A, 307, 308A, 309A, 310, 311A, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 334, 336, 337, 338, 339, 401B, 501A, 501B, 502B, 530A District No. 6 WARE Tract: 9506. Block: 101C, 101D, 102, 103, 104, 105, 106, 107, 108A, 108B, 108C, 109, 110B, 111, 130C, 130D, 131, 132B, 133A, 133C, 134, 135, 136, 137, 138, 139, 201, 202, 203C, 204, 205B, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240 Block Group: 6 Tract: 9508. Block: 401, 402, 403A, 403B, 403C, 404, 405, 409, 412A, 472A, 550A, 551A, 565 Tract: 9509. Block: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115E, 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, 184, 225G, 226, 227D, 238B, 245B, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 301, 302, 303, 304, 305, 306, 307, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329, 330, 331, 332, 333, 349, 350, 351, 352A, 352B, 353A, 353B, 354, 355, 356, 357, 358, 359, 360A, 360B, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382A, 382B, 382C, 383A, 383B, 384, 385, 386, 387, 388, 389, 390, 391, 392 Block Group: 4 District No. 7 WARE Tract: 9502.

Page 3881

Block: 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 328, 335, 336, 337, 357, 358, 359, 360, 361, 362 Block Group: 4 Tract: 9508. Block: 217A, 217B, 218B, 218C, 218D, 218E, 219, 317B, 317C, 403D, 406, 407, 408, 410, 411, 412B, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460, 461, 462, 463, 464, 465, 466, 467, 468, 469, 470, 471, 472B, 473, 474, 501A, 501B, 502A, 502B, 503A, 503B, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 550B, 551B, 552, 553, 554, 555, 556, 557, 558, 559, 560, 561, 562, 563, 564, 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, 596A, 596B, 597A, 597B Tract: 9510. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to provide for the unification of the existing governments of the City of Waycross and Ware County; to provide for the creation of the unified government of Waycross-Ware County, Georgia; to provide for the status, boundaries and powers of the unified government; to provide for the form of, administration of, and affairs of the unified government; to provide for officers and employees, elections, courts, taxation, and finances; to provide for other related matters; to provide for referendum elections with respect to the effectiveness of the foregoing; to provide for effective dates; and for other purposes. This 1st day of February, 1999. Representative Harry D. Dixon 168th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon, who on oath deposes and says that he is the Representative from the 168th District and further deposes and says as follows:

Page 3882

(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 6, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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 DIXON Representative, 168th District Sworn to and subscribed before me, this 18th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. WARE COUNTYBOARD OF COMMISSIONERS; REPEAL AS PART OF UNIFICATION; CONTINGENCY. No. 76 (House Bill No. 724). AN ACT To repeal an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended; to provide

Page 3883

for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating a board of commissioners for Ware County, approved March 15, 1963(Ga. L. 1963, p. 2237), as amended, is repealed in its entirety. SECTION 2 . This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual referendum in 1999, which Act provides for the unification of the governments of the City of Waycross and Ware County into the unified government of Waycross-Ware County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001. 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 1999 session of the General Assembly of Georgia a bill to repeal an Act creating a board of commissioners for Ware County, approved March 15, 1963 (Ga. L. 1963, p. 2237), as amended; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. This 1st day of February, 1999. Representative Harry D. Dixon 168th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon, who on oath deposes and says that he is 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 6, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

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[UNK] 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 DIXON Representative, 168th District Sworn to and subscribed before me, this 18th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF WAYCROSSCHARTER; REPEAL AS PART OF UNIFICATION; CONTINGENCY. No. 77 (House Bill No. 725). AN ACT To repeal an Act providing for a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act revising and restating the charter of the City of Waycross, approved April 13, 1989 (Ga. L. 1989, p. 4916), as amended; to provide for a contingent effective date; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3885

SECTION 1 . An Act providing for a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act revising and restating the charter of the City of Waycross, approved April 13, 1989 (Ga. L. 1989, p. 4916), as amended, is repealed in its entirety. SECTION 2 . This Act shall become effective January 1, 2001; provided, however, that this Act shall only become effective on January 1, 2001, upon the approval of a local Act in a dual referendum in 1999, which Act provides for the unification of the governments of the City of Waycross and Ware County into the unified government of Waycross-Ware County, Georgia. If such Act is not so approved, this Act shall not become effective and shall stand repealed in its entirety on January 1, 2001. 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 1999 session of the General Assembly of Georgia a bill to repeal an Act providing for a new charter for the City of Waycross, approved August 17, 1909 (Ga. L. 1909, p. 1456), as amended, particularly by an Act revising and restating the charter of the City of Waycross, approved April 13, 1989 (Ga. L. 1989, p. 4916), as amended; to provide for a contingent effective date; to provide for automatic repeal under certain cirumstances; to repeal conflicting laws; and for other purposes. This 1st day of February, 1999. Representative Harry D. Dixon 168th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon, who on oath deposes and says that he is 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 6, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below:

Page 3886

[UNK] 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 DIXON Representative, 168th District Sworn to and subscribed before me, this 18th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. TROUP COUNTYCORONER AND CHIEF DEPUTY CORONER; COMPENSATION. No. 78 (House Bill No. 730). AN ACT To amend an Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3815), so as to change the salary of the coroner; to change the compensation of the chief deputy coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3887

SECTION 1 . An Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3815), is amended by striking from Section 1 thereof: $2,609.00, and inserting in lieu thereof the following: $5,000.00, so that when so amended Section 1 shall read as follows: SECTION 1. The coroner of Troup County shall be compensated by salary as hereinafter set out. The coroner shall receive a salary of $5,000.00 per annum out of the county treasury payable biweekly. Said salary shall be in lieu of the fees allowed said coroner by law for holding inquests or any other salary provisions heretofore enacted into law, and all of said fees shall hereinafter be paid into the county treasury. SECTION 2 . From and after the effective date of this Act the chief deputy coroner of Troup County (or the deputy coroner if only one is at that time appointed) shall be compensated by salary as hereinafter set out. The chief deputy coroner (or the deputy coroner if only one is at that time appointed) shall receive a salary of $5,000.00 per annum out of the county treasury payable biweekly. Said salary shall be in lieu of the fees allowed said chief deputy coroner (or deputy coroner) by law for holding inquests or any other salary provisions heretofore enacted into law, and all of said fees shall hereinafter be paid into the county treasury. SECTION 3 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without such approval. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS, the Act setting forth the compensation of the Coroner of Troup County, Georgia was last amended March 18, 1985 (Ga. L. 1985, p. 3815) to provide that the Coroner would draw a salary of $2,609.00 per year, and

Page 3888

WHEREAS, no salary is provided for any Deputy Coroner, but, rather, the Deputy Coroner is paid on the basis of $100.00 per case; and WHEREAS, the current compensation method for the Coroner and Deputy Coroner operates so that the Deputy Coroner is paid significantly more than the Coroner, and the expense of operating the Coroner's office is significantly higher than budgeted; and WHEREAS, the Board of Commissioners of Troup County, Georgia wishes to provide for the payment of a salary for both the Coroner and a Chief Deputy Coroner; NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of Troup County, Georgia supports the passage of local legislation changing the salary of the Coroner to $5,000.00 per year, creating a position of Chief Deputy Coroner, changing the compensation of the Chief Deputy Coroner to a salary of $5,000.00 per year; and provide that the payment of such salaries shall be in lieu of fees. FURTHER RESOLVED, that the Board of Commissioners of Troup County supports passage of legislation in substantially the same form as set forth on attachment A in order to effectuate these purposes. IT IS SO RESOLVED this 2nd day of February, 1999. BOARD OF COMMISSIONERS TROUP COUNTY, GEORGIA By: s/Ben Thompson Chairman Attest: s/Louise L. Hagy Clerk TROUP COUNTY-CORONER; DEPUTY CORONER; SALARY Bill No.: 730 AN ACT To amend an Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3815), so as to change the salary of the coroner; to change the compensation of the chief deputy coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Section 1. An Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. L. 1967, p. 2348), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3815), is amended by striking from Section 1 thereof: $2,609.00

Page 3889

and inserting in lieu thereof the following: $5,000.00, so that when so amended Section 1 shall read as follows: Section 1. The coroner of Troup County shall be compensated by salary as hereinafter set out. The coroner shall receive a salary of $5,000.00 per annum out of the county treasury payable biweekly. Said salary shall be in lieu of the fees allowed said coroner by law for holding inquests or any other salary provisions heretofore enacted into law, and all of said fees shall hereinafter be paid into the county treasury. Section 2. From and after the effective date of this Act the chief deputy coroner of Troup County (or the deputy coroner if only one is at that time appointed) shall be compensated by salary as hereinafter set out. The chief deputy coroner (or the deputy coroner if only one is at that time appointed) shall receive a salary of $5,000.00 per annum out of the county treasury payable biweekly. Said salary shall be in lieu of the fees allowed said chief deputy coroner (or deputy coroner) by law for holding inquests or any other salary provisions heretofore enacted into law, and all of said fees shall hereinafter be paid into the county treasury. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are repealed. Attachment A NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act changing the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. L. 1967, p 2348), as amended, particularly by an Act approved March 18, 1985 (Ga. L. 1985, p. 3815); to provide for the compensation of a chief deputy coroner; and for other purposes. This 5th day of February, 1999 Honorable Jeff Brown Representative State House District 130 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

Page 3890

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: February 6, 1999. (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. [UNK] 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 17th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. AUGUSTA CANAL AUTHORITYMEMBERSHIP. No. 79 (House Bill No. 733). AN ACT To amend an Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), so as to change the provisions relating to

Page 3891

the membership of the authority; to provide for the appointment, terms, and vacancies of members; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act creating the Augusta Canal Authority, approved March 30, 1989 (Ga. L. 1989, p. 4750), is amended by striking Section 4 and inserting in its place the following: SECTION 4. Authority; membership. The authority shall be composed of 12 members who shall be residents and qualified voters of Augusta, Georgia. Except as hereinafter provided, ten members of the authority shall be appointed by the Augusta-Richmond County Commission, which shall designate each member to be a representative from one of the ten election districts used in electing the commissioners for the Augusta-Richmond County Commission. Three current members of the authority shall continue to serve as members for terms expiring March 31, 2000, and shall be deemed to be representatives for the Augusta-Richmond County Commission Districts as follows: District 2Robert S. Woodhurst III, District 6 - Jeanie C. Allen, and District 10D. Hugh Connolly. Two current members of the authority shall continue to serve as members for terms expiring March 31, 2002, and shall be deemed to be representatives for the Augusta-Richmond County Commission Districts as follows: District 3Thomas H. Robertson and District 9Richard S. Fox. New authority members shall be appointed as above set forth to be representatives for Districts 4 and 8 for terms expiring March 31, 2000, and to be representatives for Districts 1, 5, and 7, respectively for terms expiring March 31, 2002. In addition, two members shall be recommended by the Augusta-Richmond County delegation in the General Assembly of Georgia and appointed by the Augusta-Richmond County Commission, which shall designate one such member's term to expire March 31, 2000, and the other such member's term to expire March 31, 2002. Following expiration of the initial terms as set forth above, members of the authority shall serve four-year terms expiring on March 31 of the year of expiration. If at the end of any term of office of any member, a successor to such member has not been appointed, the member whose term of office has expired shall continue to hold office until a successor is appointed and assumes office. A majority of the members of the authority shall constitute a quorum. Any members of the authority otherwise qualified shall be eligible for reappointment. No member shall be a member of the Augusta-Richmond County Commission, but there shall be no other disqualification to hold public office by reason of membership in the authority.

Page 3892

SECTION 2 . Said Act is further amended by striking Section 6 of said Act and inserting in its place the following: SECTION 6. Vacancies in authority. Should an appointed member vacate his or her office by resignation, death, change of residence, or removal as provided in Section 7 of this Act or for any other reason, the Augusta-Richmond County Commission or the Augusta-Richmond County Commission upon the recommendation of the Richmond County delegation in the General Assembly of Georgia shall, as soon as practicable, appoint another qualified person to serve as a member of the authority for the unexpired term. SECTION 3 . This Act shall become effective on July 1, 1999. 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 1999 Session of the General Assembly of Georgia an act to amend the Act creating the Augusta Canal Authority, 1989 Ga. Laws, p. 4750, so as to change the membership of said Authority; and for other purposes. This 15th day of February, 1999. JAMES B. WALL Attorney for Richmond County, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. L. Williams, who on oath deposes and says that he is the Representative from the 114th 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 17, 1999. (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 3893

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. [UNK] 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/ ROBIN L. WILLIAMS Representative, 114th District Sworn to and subscribed before me, this 17th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. JEFFERSON COUNTYBOARD OF COMMISSIONERS; EXPENSE ALLOWANCE. No. 80 (House Bill No. 735). AN ACT To amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, approved August 12, 1921 (Ga. L. 1921, p. 509), as amended, so as to change certain provisions relating to expense allowances for members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, approved

Page 3894

August 12, 1921 (Ga. L. 1921, p. 509), as amended, is amended by striking Section 1A and inserting in lieu thereof the following: SECTION 1A. Each member of the board of commissioners, other than the chairperson, shall receive as an expense allowance not less than $1,200.00 per year ($100.00 per month) nor more than $3,600.00 per year. The exact amount of such expense allowance shall be established by a resolution of the board of commissioners. The chairperson shall receive as an expense allowance not less than $1,800.00 per year ($150.00 per month) nor more than $5,400.00 per year. The exact amount of such expense allowance shall be established by resolution of the board of commissioners. The chairperson and members of the board of commissioners shall receive a minimum expense allowance unless and until the board acts by resolution to approve an increase. At least ten days prior to the final adoption of a resolution providing for an increase in expense allowances, the board of commissioners shall publish in the county legal organ a prominent notice of the board's intention to adopt an expense allowance increase. SECTION 2 . This Act shall become effective on January 1, 2000. 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 1999 session of the General Assembly of Georgia a bill to amend an Act fixing the compensation for the members of the board of commissioners of Jefferson County and the clerk of such board, approved August 12, 1921 (Ga. L. 1921, p. 509), as amended; and for other purposes. This 1st day of February, 1999. Mary H. Lamb, Clerk 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 11, 1999.

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(2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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/ JIMMY LORD Representative, 121st District Sworn to and subscribed before me, this 22nd day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. CEDARTOWN DEVELOPMENT AUTHORITYMEMBERSHIP. No. 81 (House Bill No. 753). AN ACT To amend an Act creating the Cedartown Development Authority, approved April 4, 1963 (Ga. L. 1963, p. 2878), as amended, so as to provide for the appointment of additional members of the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

Page 3896

SECTION 1 . An Act creating the Cedartown Development Authority, approved April 4, 1963 (Ga. L. 1963, p. 2878), as amended, is amended by striking Section 5 and inserting in its place a new Section 5 to read as follows: SECTION 5. The Authority shall consist of seven (7) members who shall serve for a term of five years. The members shall be appointed by the City Commission of the City of Cedartown. Those members of the Authority who are serving as such on July 1, 1999, shall continue to serve as members until the regular expiration of their appointed terms of office and upon the appointment and qualification of their respective successors. On July 1, 1999, or as soon as practicable thereafter, the City Commission shall appoint two (2) additional members of the Authority who shall serve for initial terms of office of five years and until their respective successors are appointed and qualified. Those and all future successors to members of the Authority whose terms of office are to expire shall be appointed for terms of office of five (5) years each and until their respective successors are appointed and qualified. All members who have served on said Authority shall be eligible for reappointment to succeed themselves if they are reappointed by City Commission of the City of Cedartown. Should any member resign or be unable to serve or move beyond the territory embraced by the corporate limits of the City of Cedartown as it is now situated or may hereafter be situated, his successor shall be appointed to serve the remaining term by the City Commission of the City of Cedartown. Prior to taking office the members shall subscribe to the following oath, to wit: `I do solemnly swear that I will fully and fairly perform the duties as a member of the Cedartown Development Authority, so help me God.' A majority of the members shall constitute a quorum and a majority may act for the Authority in any matter. The members shall elect one from among themselves to serve as chairman from year to year. The members of said Authority shall be entitled to no compensation. No vacancy shall impair the power of the Authority to act. Any member is removable for cause or at will by the City Commission of the City of Cedartown. SECTION 2 . This Act shall become effective on July 1, 1999. 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 1999 Session of the General assembly of Georgia a bill to amend an Act creating the

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Cedartown Development Authority, approved April 4, 1963. (Ga. L. 1963, p. 2878), as amended; and for other purposes. This 4 day of February, 1999 BILL CUMMINGS Representative Bill Cummings 27th District GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cummings, who on oath deposes and says that he is the Representative from the 27th 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 16, 1999. (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. [UNK] 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/ BILL CUMMINGS Representative, 27th District Sworn to and subscribed before me, this 22nd day of February, 1999.

Page 3898

s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. BARROW COUNTYBOARD OF EDUCATION; DISTRICTS; TERMS. No. 82 (House Bill No. 759). AN ACT To amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4961), so as to provide for redistricting; to define certain terms; to provide for continuation in office of persons serving as members of the board on a certain date; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4961), is amended by striking subsection (b) of Section 2 and inserting in lieu thereof the following: (b) (1) (A) For purposes of electing members of the Board of Education of Barrow County under this section, Barrow County shall be divided into nine education districts. (B) Education Districts 1, 2, 5, 6, 8, and 9 shall consist of the described territory of Barrow County attached to this Act and made a part hereof and further identified as `operator: local Client: barrow Plan: barrsb97', and each member representing each such district shall be elected by the qualified electors residing in that district only. (C) Education Districts 3, 4, and 7 shall each be an at large district, and each member representing each such district shall be elected by the qualified electors of the entire county. (2) For purposes of this section:

Page 3899

(A) 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; (B) Any part of Barrow County which is not included in any education district described in subparagraph (B) of paragraph (1) of this subsection shall be included within that education district described in said subparagraph which is contiguous to such part and which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (C) Any part of Barrow County which is described in subparagraph (B) of paragraph (1) of this subsection as being included in a particular education district shall nevertheless not be included within such education district if such part is not contiguous to such education district. Such noncontiguous part shall instead be included within that education district described in said subparagraph which is contiguous to such part and which contains the least population according to the United States decennial census of 1990 for the State of Georgia. SECTION 2 . Said Act is further amended by striking subsection (d) of Section 2 and inserting a new subsection to read as follows: (d) (1) The members of the board serving in office on the effective date of this subsection shall continue to serve until the expiration of the term for which they were elected and until their successors are elected and qualified. (2) (A) All members of the board elected at or subsequent to the election in 2000 shall be elected from the education districts described in subsection (b) of this section. (B) Members of the board representing Education Districts 2, 4, 6, and 8 shall be elected at the general election in 2000 and quadrennially thereafter 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. (C) Members of the board representing Education Districts 1, 3, 5, 7, and 9 shall be elected at the general election in 2002 and quadrennially thereafter and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. SECTION 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the board of education of Barrow

Page 3900

County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2000, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: barrow Plan: barrsb97 District No. 1 BARROW Tract: 1804. 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, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 159, 160, 161A, 161B, 162, 163A, 163B, 164A, 164B, 165, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196A, 196B, 197A, 197B Block Group: 2 Block Group: 3 Tract: 1805. Block: 255, 256, 257, 258, 270, 271, 272, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442 District No. 2 BARROW Tract: 1802. Block: 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140 Tract: 1803. Block: 101, 102, 103, 104, 105, 106, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155A, 155B, 155C, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 219C, 219D, 219E, 219F, 219G, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232A, 232B, 233B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271A, 271B, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283 Tract: 1804.

Page 3901

Block: 131 Tract: 1805. Block: 201, 202, 217, 218, 219A, 219B, 221, 222, 224A, 224B, 225A, 225B, 225C, 226, 227A, 227B, 227C, 228, 229, 230A, 230B, 231, 232, 233, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 254C, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 Block Group: 3 Block: 401, 402, 403, 415, 416, 417, 418, 419, 420A, 420B, 421, 422 District No. 5 BARROW Tract: 1801. Block: 188, 189, 190, 191, 193 Tract: 1802. Block: 101A, 101B, 103, 104, 105, 106A, 106B, 106C, 107, 108, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 206, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 232A, 232B, 232C, 233A, 233B, 357, 430B, 431, 432, 433, 434, 435B, 457, 458B, 459, 460, 461, 462, 463, 464, 465, 466 Tract: 1803. Block: 233A, 233C, 234 Tract: 1805. Block: 104, 106A, 106B, 107, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 223, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248 District No. 6 BARROW Tract: 1801. Block: 101, 102, 103, 104, 115, 116, 117, 201, 202A, 202B, 203A, 203B, 204, 205, 206A, 206B, 206C, 207A, 207B, 207C, 207D, 208A, 208B, 209, 210A, 210B, 210C, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 249, 250, 251 Tract: 1802. Block: 102, 109, 110, 301A, 301B, 310, 311, 314, 315, 318, 319, 336, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424,

Page 3902

425, 426, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 501A, 501B, 501C, 502A, 502B, 503, 504A, 504B, 504C, 505A, 505B, 506A, 506B, 506C, 507A, 507B, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547 Tract: 1803. Block: 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 135, 136A, 137 District No. 8 BARROW Tract: 1801. Block: 105, 106, 107A, 107B, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 110, 111A, 111B, 112A, 112B, 112C, 112D, 113, 114A, 114B, 122A, 122B, 122C, 124, 125A, 125B, 125D, 125E, 126, 127, 128A, 128C, 129A, 129C, 130A, 130B, 130D, 131A, 131B, 131C, 131D, 131E, 132, 133A, 133B, 133C, 133D, 134A, 134B, 134C, 134D, 134E, 134F, 135A, 135B, 135C, 136, 137, 138A, 138B, 138C, 139, 140, 141A, 141B, 141C, 141D, 142A, 142B, 142C, 143A, 143B, 144A, 144B, 145, 146A, 146B, 147, 148A, 148B, 148C, 149A, 149B, 150A, 150B, 150C, 150D, 195A, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248 Block Group: 3 District No. 9 BARROW Tract: 1801. Block: 118, 119, 120, 121A, 121B, 123, 125C, 128B, 129B, 130C, 151A, 151B, 152A, 152B, 152C, 152D, 153, 154A, 154B, 155, 156A, 156B, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 168B, 168C, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187A, 187B, 192, 194, 195B, 196, 197 Tract: 1802. Block: 205A, 205B, 205C, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 223, 224, 225, 302, 303, 304, 305, 306, 307, 308, 309, 312, 313, 316, 317, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 330A, 330B, 331, 332, 333, 334, 335, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 354, 355, 356A, 356B, 358, 427, 428, 429, 430A, 435A, 458A, 548, 549 Tract: 1803. Block: 116, 117A, 117B, 117C, 117D, 118A, 118B, 118C, 130, 131, 132, 133A, 133B, 134, 136B, 138, 139, 140A, 140B, 141A, 141B, 142, 143

Page 3903

Tract: 1805. Block: 101, 102, 103, 105, 111 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act providing authority for members of the Board of Education of Barrow County, approved April 19, 1971 (Ga. L. 1971, p. 3919), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4961); and for other purposes. This 15th day of February, 1999. -s- Warren Massey 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: February 17, 1999. (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. [UNK] 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 3904

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 22nd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. CITY OF CORNELIAHOMESTEAD EXEMPTIONS; CITY TAXES; REFERENDUMS. No. 83 (House Bill No. 760). AN ACT To provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of the assessed value of the homestead for each resident of the City of Cornelia; to provide a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $10,000.00 of the assessed value of the homestead for each resident of the City of Cornelia who is 65 years of age or older, which is in lieu of and not in addition to any other homestead exemption applicable to City of Cornelia ad valorem taxes for city purposes; to provide for conditions and procedures relating thereto; to provide for a referendum; to provide for applicability; to provide an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: Part 1 SECTION 1-1 . (a) For purpose of this part, 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 Cornelia, including, but not limited to, taxes to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A.

Page 3905

(b) Each resident of the City of Cornelia is granted an exemption on that person's homestead from all City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 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. (c) The governing authority of the City of Cornelia 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. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the governing authority of the City of Cornelia or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this part shall not apply to or affect any state taxes or county taxes. (f) The exemption granted by this part shall apply to all taxable years beginning on or after January 1, 2000. SECTION 1-2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Cornelia shall call and conduct an election as provided in this section for the purpose of submitting this part to the electors of the City of Cornelia for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1999, municipal election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Cornelia. The ballot shall have written or printed thereon the words: () YES () NO Shall Part 1 of an Act be approved which provides a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of $5,000.00 of assessed value of the homestead for residents of that city? All persons desiring to vote for approval of this part shall vote Yes, and those persons desiring to vote for rejection of this part shall vote No. If more than one-half of the votes cast on such question are for approval of this part, then Section 1-1 of this part shall become of full force and effect immediately and shall be applicable to all taxable years beginning on or

Page 3906

after January 1, 2000. If Section 1-1 of this part is not so approved or if the election is not conducted as provided in this section, Section 1-1 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 the City of Cornelia. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Part 2 SECTION 2-1 . (a) For purpose of this part, 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 Cornelia, including, but not limited to, taxes to retire bonded indebtedness. (2) Homestead means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A. (b) Each resident of the City of Cornelia who is 65 years of age or older is granted an exemption on that person's homestead from all City of Cornelia ad valorem taxes for city purposes in the amount of $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. (c) The governing authority of the City of Cornelia 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. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A. The exemption shall be automatically renewed from year to year as long as the owner occupies the residence as a homestead. It shall be the duty of any person granted the homestead exemption under this part to notify the governing authority of the City of Cornelia or the designee thereof in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by this part shall not apply to or affect any state taxes or county taxes. The homestead exemption granted by this part shall be in lieu of and not in addition to any other homestead exemption applicable to City of Cornelia ad valorem taxes for city purposes. (f) The exemption granted by this part shall apply to all taxable years beginning on or after January 1, 2000. SECTION 2-2 . Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of the City of Cornelia shall call and conduct

Page 3907

an election as provided in this section for the purpose of submitting this part to the electors of the City of Cornelia for approval or rejection. The election superintendent shall conduct that election on the date of the November, 1999, municipal election and shall issue the call and conduct that election as provided by general law. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of the City of Cornelia. The ballot shall have written or printed thereon the words: () YES () NO Shall Part 2 of an Act be approved which provides a homestead exemption from City of Cornelia ad valorem taxes for city purposes in the amount of S10,000.00 of assessed value of the homestead for residents of that city who are 65 years of age or older? All persons desiring to vote for approval of this part shall vote Yes, and those persons desiring to vote for rejection of this part shall vote No. If more than one-half of the votes cast on such question are for approval of this part, then Section 2-1 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, 2000. If Section 2-1 of this part is not so approved or if the election is not conducted as provided in this section, Section 2-1 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 the City of Cornelia. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. Part 3 SECTION 3-1 . Except as otherwise provided in Sections 1-2 and 2-2 of this Act, this Act shall become effective on January 1, 2000. SECTION 3-2 . All laws and parts of laws in conflict with this Act are repealed. NOTICE Pursuant to O.C.G.A. Section 28-1-14 this is to serve notice of the intention of the City of Cornelia, Georgia to introduce a bill in the General Assembly to create a homestead exemption in the amount of $5,000.00 for homeowners in the City of Cornelia and in the amount of $10,000.00 for homeowners over the age of 65. The $10,000.00 exemption for persons over 65 shall be in lieu of and not in addition to the $5,000.00 general homestead exemption.

Page 3908

This 10th day of February, 1999. s/ M. Steven Campbell City Attorney City of Cornelia, Georgia GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben 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: February 16, 1999. (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. [UNK]_ 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 BRIDGES Representative, 9th District Sworn to and subscribed before me, this 22nd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999.

Page 3909

BARROW COUNTYBOARD OF COMMISSIONERS; DISTRICTS; TERMS. No. 84 (House Bill No. 762). AN ACT To amend an Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4970), so as to provide for redistricting; to define certain terms; to provide for continuation in office of persons serving as members of the board on a certain date; to provide for related matters; to provide for submission of this Act to the United States Attorney General; to repeal this Act in the event of a certain contingency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4970), is amended by striking Section 4 and inserting in lieu thereof the following: SECTION 4. (a) For the purposes of electing the members of the board other than the chairperson, Barrow County shall be divided into six commissioner districts. Those districts shall consist of the described territory of Barrow County attached to this Act and made a part hereof and further identified as `Operator: local Client: barrow Plan: barcc97.' (b) For purposes 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 Barrow County which is not included in any commissioner district described in this section shall be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia; and (3) Any part of Barrow County which is described in this section as being included in a particular commissioner district shall nevertheless not be included within such commissioner district if such part is not contiguous to such commissioner district. Such noncontiguous part

Page 3910

shall instead be included within that commissioner district contiguous to such part which contains the least population according to the United States decennial census of 1990 for the State of Georgia. SECTION 2 . Said Act is further amended by striking Section 5 and inserting in lieu thereof the following: SECTION 5. (a) The members of the board serving in office on the effective date of this subsection shall continue to serve until the expiration of the terms for which they were elected and until their successors are elected and qualified. (b) (1) All members of the board representing commissioner districts and elected at or subsequent to the election in 2000 shall be elected from the commissioner districts described in Section 4. (2) The chairperson and members of the board representing Commissioner Districts 1, 2, and 3 shall be elected at the general election in 2000 and quadrennially thereafter and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (3) Members of the board representing Commissioner Districts 4, 5, and 6 shall be elected at the general election in 2002 and quadrennially thereafter and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. SECTION 3 . Pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, it shall be the duty of the attorney of the Board of Commissioners of Barrow County to submit this Act to the United States Attorney General for approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2000, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. SECTION 4 . All laws and parts of laws in conflict with this Act are repealed. Operator: local Client: barrow Plan: barcc97 District No. 1 BARROW Tract: 1801. Block: 188, 189, 190, 191, 193

Page 3911

Tract: 1802. Block: 101A, 101B, 103, 104, 105, 106A, 106B, 106C, 107, 108, 111A, 111B, 111C, 112A, 112B, 113A, 113B, 113C, 113D, 113E, 113F, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 201, 202A, 202B, 202C, 203A, 203B, 204A, 204B, 206, 217, 218, 219, 220, 221, 222, 226, 227, 228, 229, 230, 231A, 231B, 232A, 232B, 232C, 233A, 233B, 357, 430B, 431, 432, 433, 434, 435B, 457, 458B, 459, 460, 461, 462, 463, 464, 465, 466 Tract: 1803. Block: 233A, 233C, 234 Tract: 1805. Block: 104, 106A, 106B, 107, 108, 109, 110, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123A, 123B, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 203A, 203B, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 220, 223, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248 District No. 2 BARROW Tract: 1802. Block: 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140 Tract: 1803. Block: 101, 102, 103, 104, 105, 106, 144, 145, 146, 147, 148, 149A, 149B, 150, 151, 152, 153, 154, 155A, 155B, 155C, 156, 157, 158, 159, 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219A, 219B, 219C, 219D, 219E, 219F, 219G, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232A, 232B, 233B, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271A, 271B, 272, 273, 274A, 274B, 275, 276, 277, 278, 279, 280, 281, 282A, 282B, 283 Tract: 1804. Block: 131 Tract: 1805. Block: 201, 202, 217, 218, 219A, 219B, 221, 222, 224A, 224B, 225A, 225B, 225C, 226, 227A, 227B, 227C, 228, 229, 230A, 230B, 231, 232, 233, 249, 250, 251A, 251B, 252A, 252B, 253A, 253B, 254A, 254B, 254C, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269 Block Group: 3 Block: 401, 402, 403, 415, 416, 417, 418, 419, 420A, 420B, 421, 422

Page 3912

District No. 3 BARROW Tract: 1804. 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, 132, 133, 134A, 134B, 135, 136, 137, 138, 139, 140A, 140B, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158A, 158B, 159, 160, 161A, 161B, 162, 163A, 163B, 164A, 164B, 165, 166, 167A, 167B, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180A, 180B, 181A, 181B, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196A, 196B, 197A, 197B Block Group: 2 Block Group: 3 Tract: 1805. Block: 255, 256, 257, 258, 270, 271, 272, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 433, 434, 435, 436, 437, 438, 439, 440, 441, 442 District No. 4 BARROW Tract: 1801. Block: 105, 106, 107A, 107B, 108A, 108B, 108C, 108D, 109A, 109B, 109C, 110, 111A, 111B, 112A, 112B, 112C, 112D, 113, 114A, 114B, 122A, 122B, 122C, 124, 125A, 125B, 125D, 125E, 126, 127, 128A, 128C, 129A, 129C, 130A, 130B, 130D, 131A, 131B, 131C, 131D, 131E, 132, 133A, 133B, 133C, 133D, 134A, 134B, 134C, 134D, 134E, 134F, 135A, 135B, 135C, 136, 137, 138A, 138B, 138C, 139, 140, 141A, 141B, 141C, 141D, 142A, 142B, 142C, 143A, 143B, 144A, 144B, 145, 146A, 146B, 147, 148A, 148B, 148C, 149A, 149B, 150A, 150B, 150C, 150D, 195A, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248 Block Group: 3 District No. 5 BARROW Tract: 1801. Block: 118, 119, 120, 121A, 121B, 123, 125C, 128B, 129B, 130C, 151A, 151B, 152A, 152B, 152C, 152D, 153, 154A, 154B, 155, 156A, 156B, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168A, 168B, 168C, 169A, 169B, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187A, 187B, 192, 194, 195B, 196, 197 Tract: 1802. Block: 205A, 205B, 205C, 207, 208A, 208B, 209, 210, 211, 212, 213, 214, 215, 216, 223, 224, 225, 302, 303, 304, 305, 306, 307,

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308, 309, 312, 313, 316, 317, 320, 321, 322, 323, 324, 325, 326, 327, 328, 329A, 329B, 329C, 330A, 330B, 331, 332, 333, 334, 335, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352A, 352B, 353, 354, 355, 356A, 356B, 358, 427, 428, 429, 430A, 435A, 458A, 548, 549 Tract: 1803. Block: 116, 117A, 117B, 117C, 117D, 118A, 118B, 118C, 130, 131, 132, 133A, 133B, 134, 136B, 138, 139, 140A, 140B, 141A, 141B, 142, 143 Tract: 1805. Block: 101, 102, 103, 105, 111 District No. 6 BARROW Tract: 1801. Block: 101, 102, 103, 104, 115, 116, 117, 201, 202A, 202B, 203A, 203B, 204, 205, 206A, 206B, 206C, 207A, 207B, 207C, 207D, 208A, 208B, 209, 210A, 210B, 210C, 211A, 211B, 212A, 212B, 213A, 213B, 214A, 214B, 215A, 215B, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 249, 250, 251 Tract: 1802. Block: 102, 109, 110, 301A, 301B, 310, 311, 314, 315, 318, 319, 336, 338, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419, 420, 421, 422, 423, 424, 425, 426, 436, 437, 438, 439, 440, 441, 442, 443, 444, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 501A, 501B, 501C, 502A, 502B, 503, 504A, 504B, 504C, 505A, 505B, 506A, 506B, 506C, 507A, 507B, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547 Tract: 1803. Block: 107, 108, 109, 110, 111, 112, 113, 114, 115, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 135, 136A, 137 NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 session of the General Assembly of Georgia a bill to amend an Act re-creating and establishing a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. L. 1976, p. 4033), as amended, particularly by an Act approved March 23, 1992 (Ga. L. 1992, p. 4970); and for other purposes. This 15th day of February, 1999. -s- Warren Massey

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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: February 17, 1999. (2) That the laws requiring notice of local legislation were further complied with in the manner checked below: [UNK] 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/ WARREN MASSEY Representative, 86th District Sworn to and subscribed before me, this 22nd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999.

Page 3915

COBB COUNTYSHERIFF; CHIEF DEPUTY SHERIFF, CHIEF INVESTIGATOR, AND EXECUTIVE ASSISTANT; COMPENSATION. No. 85 (House Bill No. 768). 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, 1998 (Ga. L. 1998, p. 3909), 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, particularly by an Act approved March 27, 1998 (Ga. L. 1998, p. 3909), 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 $77,324.00 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 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

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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 $72,808.00 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 $44,180.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. SECTION 2 . This Act shall become effective on the first day of the month following 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 WHEREAS: Cobb County is part of a fast-growing region that, over the last decade, has seen a substantial increase in population and demand for public services; and WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsiblilities; and WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

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WHEREAS: Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget year; and WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY 99 Budget. We further request that all the above salary increases be effected upon July 1, 1999 or upon the Governor's signature, whichever is earlier. This, the 23rd day of February 1999. s/ William J. Byrne CHAIRMAN s/William A. Cooper DISTRICT 1 s/Joe L. Thompson DISTRICT 2 s/Saul S. Olens DISTRICT 3 s/George W. Thompson, Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: District Commissioners (4) Commission Chairman Admin SpecialistTax Comm Executive SecretaryTax Comm Tax Commissioner Deputy Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Chief Deputy Clerk State Court State Court Clerk Investigator Solicitor Assistant Solicitor Chief Asst. Solicitor

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Solicitor State Ct Div II Judges (3) State Court Judges (4) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk InvestigatorDA Chief InvestigatorDA District Attorney Assistant District Attorney Chief Assistant District Attorney Superior Court Judges (7) Senior JudgeSuperior Court NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 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; to provide for related matters; and for other purposes. This the 8th day of January, 1999. Cobb County Delegation: By State Rep. Randy Sauder, Secretary 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: January 8, 1999. (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 3919

municipality, or consolidated government and a copy of such resolution or other written notification is attached hereto. [UNK]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/ RANDY SAUDER Representative, 29th District Sworn to and subscribed before me, this 22nd day of February, 1999. s/ SUSAN GORDON Notary Public, Rockdale County, Georgia My Commission Expires Nov. 18, 2001 (SEAL) Approved April 9, 1999. COBB COUNTYJUVENILE COURT; JUDGES; COMPENSATION; DESIGNATION OF JUDGE. No. 86 (House Bill No. 769). 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 change provisions relating to the designation of the second judge; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act providing for the compensation of the judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended, particularly by an Act approved March 29, 1995 (Ga. L. 1995, p. 4014), is amended by striking Sections 1A through 1C in their entirety and inserting in lieu thereof the following:

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SECTION 1A. The chief judge of the superior courts of the Cobb Judicial Circuit is authorized to appoint a second judge of the Juvenile Court of Cobb County as provided by law. SECTION 1B. Upon the conclusion of the term of the presiding judge in office on July 1, 1999, the chief judge of the superior courts of the Cobb Judicial Circuit shall designate one judge as presiding judge. Such presiding judge may be, but is not required to be, the senior judge in point of service of the Juvenile Court of Cobb County. In the event of any disagreement between said judges in any respect hereof, the decision of the presiding judge shall be controlling. In all matters relating to the matter of fixing, arranging for and disposing of the business of the court and court services, and making appointments as authorized by law where the judges thereof cannot agree or shall differ, the opinion or order of the presiding judge as defined in this Act shall control. The presiding judge shall appoint the Director of Juvenile Court Services as provided by law. SECTION 1C. In the event a judge or judges of the juvenile court of the Cobb Judicial Circuit are appointed in place of the judge or judges of the Juvenile Court of Cobb County, all provisions in this Act shall apply to the judge or judges appointed to the juvenile court of the Cobb Judicial Circuit. SECTION 2 . This Act shall become effective July 1, 1999. 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 1999 Session of the General Assembly of Georgia a bill to amend an Act relating to the Judge of the Juvenile Court of Cobb County, approved January 17, 1969 (Ga. L. 1969, p. 3560), as amended; and for other purposes. This the 8th day of January, 1999. Cobb County Delegation: By State Rep. Randy Sauder, Secretary GEORGIA, FULTON COUNTY

Page 3921

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: January 8, 1999. (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. [UNK]_ 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 22nd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999.

Page 3922

EFFINGHAM COUNTY FAMILY CONNECTION COMMISSIONCREATION. No. 87 (House Bill No. 771). AN ACT To create the Effingham Family Connection Commission; to provide for the appointment of members; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds; to provide for related matters; to provide for an annual report; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . (a) There is created the Effingham County Family Connection Commission. (b) The commission shall be composed as follows: (1) The following members shall be appointed and shall serve initial terms as provided in this subsection. Their successors shall serve terms of four years: (A) One member of the Effingham County board of commissioners appointed by the board of commissioners for an initial term of two years; (B) One member appointed by the Effingham County Chamber of Commerce for an initial term of two years; (C) One mayor, councilmember, or designee of each incorporated municipality in Effingham County appointed by the respective city councils for initial terms of two years; (D) Two members of Effingham County civic organizations or private service provider appointed by the Effingham County board of commissioners for initial terms of two years; (E) Two advocates for children and family, one of whom should be a consumer, appointed by the Effingham County board of commissioners for initial terms of two years; (F) One member appointed by the Effingham County Hospital Authority for an initial term of two years; (G) One member appointed by the Effingham County Ministerial Association for an initial term of four years; (H) One member of law enforcement appointed by the Effingham County board of commissioners for an initial term of four years;

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(I) One member appointed by the Effingham County Board of Education for an initial term of four years; and (J) One member representing mental health appointed by the Effingham County board of commissioners for an initial term of four years. (2) The following persons shall serve as members of the commission by virtue of their position and shall be replaced on the commission by their successors in these positions: (A) The Effingham County administrator; (B) The Effingham County superintendent of schools; (C) The director of the Effingham County Family and Children Services Division of Human Resources; (D) The Effingham County public health nursing coordinator; (E) The regional director of the Rehabilitation Services Division of Human Resources; and (F) The district director of the Department of Juvenile Justice. (c) Members of the commission shall receive no compensation for serving on the commission, but upon the prior approval of the commission members may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. SECTION 2 . (a) The chairperson of the Board of Commissioners of Effingham County shall call an organizational meeting of the commission after all appointments to the commission have been made. At the organizational meeting, the commission shall elect from among its membership a chairperson, a vice chairperson, and a secretary-treasurer. Except as otherwise provided in this Act, the terms of office of such officers and other matters relating to the organization and rules of procedure of the commission shall be as determined by the commission. (b) One-half of the number of the authorized membership of the commission plus one shall constitute a quorum. All business of the commission shall be transacted by a majority vote of those present. An abstention from voting shall be considered a negative vote on the matter in question. (c) In the absence of the chairperson, the vice chairperson may call a meeting of the commission and shall preside over said meetings. In the absence of the chairperson and the vice chairperson, the secretary-treasurer may call meetings and shall preside over said meetings. (d) The commission shall prepare and submit to the appointing authorities an annual report at the end of each fiscal year of the commission

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outlining the work of the commission and the results achieved; an annual report of the state of the children, youth, and families of the county; and an independent audit of the income and expenditures for the preceding fiscal year. SECTION 3 . The commission shall develop and adopt a vision of success for children and their families in the community; develop and adopt a core set of goals for children, youth, and families that deals with the needs and issues identified by the commission; develop and adopt a comprehensive plan for Effingham County to deal effectively with the problems experienced by the children, youth, and families in the community; develop and facilitate collaboration among private agencies, institutions, and organizations whose actions or inactions can affect the content and effectiveness of the comprehensive plan; coordinate, evaluate, and manage implementation of the comprehensive plan and provide administrative services and assistance in implementing and carrying out such plan; contract with public and private agencies to provide programs and services to carry out the provisions of the comprehensive plan; 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; ensure that the goals and comprehensive plan developed for Effingham 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 4 . (a) The commission is authorized to receive, accept, and expend funds from public or private sources for implementing strategies to benefit the children and families of Effingham County. The commission is authorized to employ professional, administrative, clerical, and such other personnel as the commission deems necessary. The commission is authorized and empowered to do all things permissible by general law necessary to accomplish the purposes of this Act. (b) The commission shall have no authority to levy taxes. (c) The commission shall have perpetual existence unless deemed otherwise by a majority vote of the Effingham County board of commissioners and the Effingham County Board of Education collectively. 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 1999 Session of the General Assembly of Georgia a bill to create the Effingham

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Family Connection Commission; to provide for membership; to provide for terms, duties, and powers; to authorize the commission to receive and expend funds; to provide for related matters; and for other purposes. This 10th day of February, 1999. 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 17, 1999. (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. [UNK] 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 22nd day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999.

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OCONEE COUNTYBOARD OF EDUCATION; COMPENSATION. No. 88 (House Bill No. 783). AN ACT To amend an Act which relates to the election of the chairman and members of the Oconee County board of education which was proposed by Resolution Act No. 135 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 911), and which was continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved March 25, 1986 (Ga. L. 1986, p. 4562), so as to provide for the compensation of the Oconee County board of education; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1 . An Act which relates to the election of the chairman and members of the Oconee County board of education which was proposed by Resolution Act No. 135 of the 1964 General Assembly and which was duly ratified at the 1964 general election (Ga. L. 1964, p. 911), and which was continued in force and effect as a part of the Constitution of the State of Georgia by an Act approved March 25, 1986 (Ga. L. 1986, p. 4562), is amended by adding at the end of Section 1 a new paragraph to read as follows: The members of the Oconee County Board of Education shall be compensated as provided in this Act. Each board member, including the chairperson, shall receive a salary of S150.00 per month, payable in equal monthly installments. All such amounts shall be payable from local tax funds available to the Oconee County School District. The compensation for a given month may be withheld for any member of the board of education who fails to attend any official board meeting for that month. Compensation may be withheld only by majority vote of the other board members in open meeting. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION STATE OF GEORGIA OCONEE COUNTY

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Notice is hereby given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a Bill to amend an Act providing for the creation of the Oconee County Board of Education, (Ga. Laws 1964, page 911), as continued by an Act of the 1966 General Assembly, (Ga. Laws 1966, page 4582), providing for compensation of members of the Oconee County Board of Education, and for other purposes. This 8th day of February, 1999. Chuck Horton, Chairman Oconee County Board of Education GEORGIA, FULTON COUNTY Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bob Smith, who on oath deposes and says that he is the Representative from the 91st District and further deposes and says as follows: (1) That the attached Notice of Intention to Introduce Local Legislation was published in the Oconee Enterprise which is the official organ of Oconee County on the following date: February 11, 1999. (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. [UNK] 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 SMITH Representative, 91st District

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Sworn to and subscribed before me, this 15th day of February, 1999. s/ TERESA ADKINS Notary Public, Clayton County, Georgia My Commission Expires Jan. 5, 2001 (SEAL) Approved April 9, 1999. COBB COUNTYTAX COMMISSIONER; CHIEF CLERK, EXECUTIVE SECRETARY, ADMINISTRATIVE SPECIALIST; COMPENSATION. No. 89 (House Bill No. 789). 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 April 1, 1996 (Ga. L. 1996, p. 3942), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4077), so as to change the compensation of the chief clerk, executive secretary, and administrative specialist; 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 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 April 1, 1996 (Ga. L. 1996, p. 3942), and an Act approved April 2, 1998 (Ga. L. 1998, p. 4077), is amended by striking Section 3 in its entirety, and inserting in its place the following: 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, 1999, the annual salary for the chief clerk shall be $63,579.47. 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

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the chief clerk during the term for which he or she was so named. In the event of the death or removal from office of said chief clerk, the tax commissioner of Cobb County shall have 30 days from said date of death or removal from office of said chief clerk to certify to the judge of the Probate Court of Cobb County the name of the chief clerk to be appointed. (b) In addition to those employees provided for in subsection (a) of this section, there is created the position of executive secretary to the tax commissioner. The executive secretary shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of executive secretary. The salary of the executive secretary shall be paid in equal monthly installments from the funds of Cobb County. Effective January 1, 1999, the annual salary of the executive secretary shall be $39,389.13. (c) In addition to those employees provided for in subsections (a) and (b) of this section, there is created the position of administrative specialist in the office of the tax commissioner. The administrative specialist shall be appointed by the tax commissioner, shall be under the tax commissioner's direct supervision and control, and shall serve at the pleasure of the tax commissioner. The tax commissioner shall establish such qualifications, education, and experience as he or she deems necessary for the individual appointed to the position of administrative specialist. The salary of the administrative specialist shall be $30,680.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. SECTION 2 . This Act shall become effective on July 1, 1999. SECTION 3 . All laws and parts of laws in conflict with this Act are repealed. RESOLUTION WHEREAS: Cobb County is part of a fast-growing region that, over the last decade, has seen a substantial increase in population and demand for public services; and WHEREAS: These services and functions are managed by elected officials who hold very important legislated responsibilities; and WHEREAS: The salaries for these separate and independent offices are determined by the Georgia General Assembly; and

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WHEREAS: Members of the local delegation to the General Assembly have asked that the Board of Commissioners address the impact of any salary adjustments for local officials enacted during this current budget year; and WHEREAS: Members of the local delegation to the General Assembly have authority to set salary increases for the following positions attached thereto; now THEREFORE: Be it Resolved, that we, the Cobb County Board of Commissioners, hereby commits that the county's adopted budget contains adequate funding to support salary adjustments as approved by the Cobb Delegation to the Georgia General Assembly in the FY 99 Budget. We further request that all the above salary increases be effected upon July 1, 1999 or upon the Governor's signature, whichever is earlier. This, the 23rd day of February 1999. s/William J. Byrne CHAIRMAN s/William A. Cooper DISTRICT 1 s/Saul S. Olens DISTRICT 3 s/Joe L. Thompson DISTRICT 2 s/George W. Thompson, Jr. DISTRICT 4 Positions that the Cobb County Delegation of the General Assembly has the authority to legislate salary increases for: District Commissioners (4) Commission Chairman Admin SpecialistTax Comm Executive SecretaryTax Comm Tax Commissioner Deputy Tax Commissioner Executive Assistant to the Sheriff Chief Investigator Sheriff Chief Deputy Sheriff Sheriff Probate Court Clerk Probate Judge Juvenile Court Judge Presiding Juvenile Court Judge Chief Deputy Clerk State Court State Court Clerk Investigator Solicitor Assistant Solicitor

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Chief Asst. Solicitor Solicitor State Ct Div II Judges (3) State Court Judges (4) Senior Judge State Court Chief Deputy Clerk Superior Court Superior Court Clerk InvestigatorDA Chief InvestigatorDA District Attorney Assistant District Attorney Chief Assistant District Attorney Superior Court Judges (7) Senior JudgeSuperior Court NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION Notice is given that there will be introduced at the regular 1999 Session of the General Assembly of Georgia a bill to amend an Act consolidating the offices of tax collector and tax receiver into the office of Tax Commissioner of Cobb County, approved February