Entries from October 2010
Public Notices
Legal 415
Notice
Georgia, Pike County
Probate Court
Wanda Kay Truitt has petitioned to be appointed Administrator of the estate of Terry Wayne Truitt, Sr., deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before October 25, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Lynn S. Brandenburg
Probate Judge
P.O. Box 324
Zebulon, GA 30295
770-567-8734
9/29, 10/6, 13, 20 gpn18
Legal 416
Notice
Georgia, Pike County
All debtors and creditors of the estate of Douglas Lidelle Roberson, deceased, late of Pike County, are hereby notified to render in their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to me
This 27th day of September, 2010.
Mildred Hennon Roberson
Estate of
Douglas Lidelle Roberson
1096 Hwy. 18 W.
Molena, GA 30258
Mallory & Trice, LLP,
Attorneys
300 West Gordon Street
Thomaston, GA 30286
706-647-1842
10/6, 13, 20, 27 gpn7
Legal 417
Notice to Debtors and Creditors
All creditors of the Estate of Dian J. Lachance, deceased, late of Pike County, are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said Estate are required to make immediate payment to the undersigned.
This 28th day of September, 2010.
Executor: Joy Ann Lachance
13988 Ga. Hwy. 109
Meansville, GA 30256
10/6, 13, 202, 27 gpn7
Legal 441
Notice
Georgia, Pike County
Probate Court
Tanya Lynn Dooling-Long has petitioned to be appointed Administrator of the estate of Michical Allen Dooling, Jr., deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. §53-12-232. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before November 1, 2010. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Lynn S. Brandenburg
Probate Judge
P.O. Box 324
Zebulon, GA 30295
770-567-8734
10/6, 13, 20, 27 gpn18
Legal 442
In the Juvenile Court
of Pike County
State of Georgia
In the Interest of::
K.L.S., a minor male child born on 11/09/1994
Case ##: 114-2010-0010, 0011, 00112, 00178
B.L.S., a minor female child born on 12/10/1993
Case ##: 114-2010-0008, 0009, 00111, 00179
Wanda Denise Schultz,
biological mother
TO: Brian Schultz, legal and
biological father
A hearing on a petition for deprivation (renewal) and a judicial review was held on February 16, 2010, and a Provisional Order Awarding Temporary Custody (Renewal) to DFCS & Judicially Reviewing Case was filed on March 31, 2010, having been brought by the Georgia Department of Human Services acting through the Pike County Department of Family and Children Services regarding the alleged deprivation of the above-named Children in the Juvenile Court of Pike County. A hearing on a judicial review and the Department’s request to change the permanency plan to non-reunification/adoption was held on July 20, 2010, and a Provisional Judicial Review Order and Order Changing Permanency Plan to Non-reunification/Adoption was filed on September 3, 2010. The Final hearings concerning the above and a hearing concerning the status of retaining or the appointment of counsel for a Termination of Parental Rights Petition will be heard on December 15, 2010. A hearing concerning a Petition to Terminate Parental Rights will be heard on January 11, 2011. Free copies of said pleadings can be obtained from the Clerk of the Juvenile Court of Pike County, Georgia, whose office is located at 16001 Barnesville Street, Zebulon, Georgia 30295.
By reason of an order for service of summons by publication entered on the 1st day of October, 2010, you are hereby commanded to file with the Clerk of the Juvenile Court of Pike County, Georgia and serve upon Tammy M. Griner, Special Assistant Attorney General, P. O. Box 319, Griffin, Georgia 30224 an answer to said pleadings within sixty (60) days of the date of said order for service by publication.
You are further required to lay any and all business aside and to be and appear before the Juvenile Court of Pike County, Georgia at 9:00 o’clock a.m. on Wednesday, December 15, 2010 and at 9:00 o’clock a.m. on Tuesday, January 11, 2011, then and there to make a defense and to show cause why said Children should not be dealt with according to the provisions of the Juvenile Court Code of Georgia by reason of an order for service of summons by publication.
Witness the Honorable Ben J. Miller, Jr., Judge, this 1st day of October, 2010.
Carolyn Williams
Clerk, Juvenile Court,
Pike County, Georgia
Tammy M. Griner,
Attorney at Law, P.C.
Special Assistant
Attorney General
Georgia Bar No. 312720
P. O. Box 319
Griffin, Georgia 30224
(770) 567-5507
10/6, 13, 22, 27 gpn10
Legal 444
Georgia, Pike County
Notice to Debtors and Creditors
All creditors of the estate of Inez Ogletree Stinchcomb of Pike County, Georgia are hereby notified to render their demands to the undersigned according to law, and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 4th day of October, 2010.
Eugene W. Dabbs IV
Executor
P.O. Box 60
Griffin, Georgia 30224
770-227-1234
10/13, 20, 27, 11/3 gpn7
Legal 448
Notice of Intent to Incorporate
Notice is given that articles of incorporation which will incorporate Tenant Mechanical Management, Inc. will be delivered to the Secretary of State for filing in accordance with the Georgia Business corporation Code. The initial registered office of the corporation will be located at 171 Windsor Court, Williamson, Pike County, Georgia 30292. The initial registered agent of the corporation at such address shall be Ned Welsh.
Lisa M. Gable
Robertson & Gable, LLC
5875 Peachtree Industrial Blvd.
Suite 170
Norcross, GA 30092
770-736-5182
10/20, 27 gpn6
Legal 449
Notice of Intent to Incorporate
Notice is given that articles of incorporation which will incorporate TMI Leasing, Inc. will be delivered to the Secretary of State for filing in accordance with the Georgia Business corporation Code. The initial registered office of the corporation will be located at 171 Windsor Court, Williamson, Pike County, Georgia 30292. The initial registered agent of the corporation at such address shall be Ned Welsh.
Lisa M. Gable
Robertson & Gable, LLC
5875 Peachtree Industrial Blvd.
Suite 170
Norcross, GA 30092
770-736-5182
10/20, 27 gpn6
Legal 450
Notice
Georgia, Pike County
Probate Court
To: Interested parties
The petition of Rebecca Jean Johnson, for a year’s support from the estate of Randy Earl Johnson, deceased, for decedent’s surviving spouse, having been duly filed, all interested persons are hereby notified to show cause, if any they have, on or before November 15, 2010, why said petition should not be granted.
All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed on or before the time stated in the preceding sentence. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be scheduled at a later date. If no objections are filed, the petition may be granted without a hearing.
/s/Lynn S. Brandenburg
Probate Judge
P.O. Box 324
Zebulon, GA 30295
770-567-8734
10/20, 27, 11/3, 10 gpn18
Legal 445
SUMMARY OF PROPOSED
CONSTITUTIONAL
AMENDMENTS
Pursuant to requirements of the Georgia Constitution, Attorney General Thurbert E. Baker, Secretary of State Brian P. Kemp, and Legislative Counsel Sewell R. Brumby hereby provide the summaries of the proposed constitutional amendments that will appear on the November 2, 2010, general election ballot for consideration by the people of Georgia:
-1-
Allows competitive contracts to be enforced in Georgia courts.
House Resolution No. 178
Ga. L. 2010, p. 1260
“( ) YES
( ) NO Shall the Constitution of Georgia be amended so as to make Georgia more economically competitive by authorizing legislation to uphold reasonable competitive agreements”? This proposal provides an exception to the current constitutional provision which prohibits the General Assembly from authorizing any contract or agreement which may have the effect of or which is intended to have the effect of defeating or lessening competition. Under the proposal, the General Assembly would be empowered to authorize and provide by general law for judicial enforcement of contracts or agreements restricting or regulating competitive activities between or among: (a) employers and employees; (b) distributors and manufacturers; (c) lessors and lessees; (d) partnerships and partners; (e) franchisors and franchisees; (f) sellers and purchasers of a business or commercial enterprise; or (g) two or more employers. This would include legislative authority to grant to courts by general law the power to “blue-pencil” or limit the duration, geographic area, and scope of prohibited activities provided in a contract or agreement restricting or regulating competitive activities in order to render such contract or agreement reasonable under the circumstances for which it was made.
The General Assembly has enacted a law to exercise the authority granted by the proposed constitutional amendment. This law will become effective only if the constitutional amendment is ratified by the voters. This law is published at Georgia Laws 2009, p. 231, and was enacted by 2009 House Bill 173, Act No. 64. Examples of contracts which would be authorized by the law include, but are not limited to: (1) an agreement by an employee to refrain from competing with the employer after termination of employment; and (2) an agreement by a seller not to compete with the seller’s customer or solicit business from customers of the seller’s customer.
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 2 -
Adds $10 tag fee on private passenger vehicles to fund statewide trauma care expansion.
Senate Resolution No. 277
Ga. L. 2010, p. 1260
“( ) YES Shall the Constitution
( ) NO of Georgia be amended so as to impose an annual $10.00 trauma charge on certain passenger motor vehicles in this state for the purpose of funding trauma care?
This proposal provides for a $10.00 trauma charge to be imposed annually on each motor vehicle designed to carry ten or fewer persons that is used for the transportation of persons, including pickup trucks, motorcycles, sport utility vehicles, and passenger vans. The trauma charge would be collected together with license tag and registration fees. The proceeds of the trauma charge would be placed in a trauma trust fund and used for trauma care purposes specified by law. Proceeds would not have to be placed in the general fund of the state treasury but would instead be placed in the trust fund; and any amounts in the trust fund not expended at the end of a fiscal year would not lapse to the general fund but would rather remain in the trust fund.
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.
-3-
Allows the State to execute multiyear contracts for long-term transportation projects.
Senate Resolution No. 821
Ga. L. 2010, p. 1263
“( ) YES Shall the Constitution
( ) NO of Georgia be amended so as to allow the Georgia Department of Transportation to enter into multiyear construction agreements without requiring appropriations in the current fiscal year for the total amount of payments that would be due under the entire agreement so as to reduce long-term construction costs paid by the state?”
This proposal provides an exception to the general rule that prohibits a state agency from entering into contracts with private vendors that obligate payments beyond the funds available to the agency within its fiscal year. It would allow the General Assembly by statute to let the Department of Transportation enter into construction agreements without obligating present funds for the full amount of the obligation. Any such agreement would provide for the termination of the agreement in the event of insufficiency of funds and would limit the payments to not more than ten fiscal years.
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.
-4-
Allows the State to execute multiyear contracts for projects to improve energy efficiency and conservation.
Senate Resolution No. 1231
Ga. L. 2010, p. 1264
“( ) YES Shall the Constitution
( ) NO be amended so as to provide for guaranteed cost savings for the state by authorizing a state entity to enter into multiyear contracts which obligate state funds for energy efficiency or conservation improvement projects?”
This proposal provides an exception to the general rule that prohibits a state agency from entering into contracts with private vendors that obligate payments beyond the funds available to the agency within the fiscal year. It would permit the General Assembly to authorize by general law state governmental entities to incur debt for the purpose of entering into contracts extending for not more than ten years for governmental energy efficiency or conservation improvement projects in which payments are guaranteed over the term of the contract by vendors based on the realization of specified savings or revenue gains attributable solely to the improvements.
The General Assembly has enacted a law to exercise the authority granted by the proposed constitutional amendment. This law will become effective only if the constitutional amendment is ratified by the voters. This law is published at Georgia Laws 2010, p. 1091, and was enacted by 2010 Senate Bill 194, Act No. 669.
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.
-5-
Allows owners of industrial-zoned property to choose to remove the industrial designation from their property.
House Resolution No. 136
Ga. L. 2010, p. 1259
“( ) YES Shall the Constitution
( ) NO of Georgia be amended so as to allow the owners of real property located in industrial areas to remove the property from the industrial area?”
The proposal amends the provisions of the Constitution relating to industrial areas which exist in only two counties in the state. Under the Georgia Constitution in effect prior to 1983 it was possible to have “local constitutional amendments” which affected only certain areas in the state. Under this procedure local constitutional amendments were ratified in 1950 and 1956 creating industrial areas in Chatham County. Ga. Laws 1950, p. 444, and Ga. Laws 1956, p. 352. Under these constitutional amendments property in the industrial areas could never be annexed to any city, but any city could provide certain services and levy certain taxes in such areas. Under the local constitutional amendment procedure, the governing authorities of Jeff Davis County and its political subdivisions were also authorized to have a different type of industrial area in which they could exempt new industries from property taxes for a certain period of time. Ga. Laws 1963, p. 674.
Under the current Georgia Constitution which took effect in 1983, new local constitutional amendments were prohibited, but certain prior local constitutional amendments, including those creating industrial areas, were continued in effect. Any modification in such industrial areas must now be carried out through a state-wide constitutional amendment.
The current proposal would modify the conditions under which an owner of property in an industrial area may choose to remove the property from the industrial area. By a general constitutional amendment ratified in 1996 a property owner was authorized to remove the property, but only if the property was located on an island. Ga. Laws 1996, p. 1667. The current proposed amendment would remove the island limitation, so that any owner of property in an industrial area could choose to remove the property from the industrial area. Further, upon the filing of a removal certificate, the property shall be irrevocably annexed into the city which provides water services, or if none, then into the city that provides fire services.
A copy of this entire proposed constitutional amendment is on file in the office of the judge of the probate court and is available for public inspection.
SUMMARY OF
PROPOSED STATE-WIDE
REFERENDUM
QUESTION
Pursuant to Code Section 21-2-4 of the O.C.G.A., the Secretary of State is authorized to include with the summary of proposed constitutional amendments a summary of any state-wide referendum questions to be voted on at the same general election:
-A-
Provides for inventory of businesses to be exempt from state property tax.
House Bill No. 482
Ga. L. 2009, p. 132
“( ) YES
( ) NO Shall the Act be approved which grants an exemption from state ad valorem taxation for inventory of a business?”
This Act provides that all tangible personal property constituting the inventory of a business shall be exempt from state ad valorem taxation.
If approved by a majority of the voters, the Act becomes effective on January 1, 2011, and applies to all tax years beginning on or after that date.
10/13, 20, 27
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