Banks County Legal Advertisements...

October 25, 2000

The legal notices posted on this site are for reference only. Only the legal notices published in the legal organ newspaper of this county (The Banks County News) are official per O.C.G.A. sec. 9-13-140, et seq.
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Notice
Summary of Proposed Constitutional Amendments
Pursuant to requirements of the Georgia Constitution, Attorney General Thurbert E. Baker, Secretary of State Cathy Cox, and Legislative Counsel hereby provide the summaries of the proposed constitutional amendments that will appear on the November 7, 2000, general election ballot for consideration by the people of Georgia:
- 1 -
Senate Resolution No. 411
Resolution Act No. 94
Georgia Laws 2000, p. 2005
"( ) Yes
( ) No
Shall the Constitution be amended so as to provide for selection of a replacement for any member of the General Assembly who has been initially convicted by felony?"
This proposal provides that upon the initial conviction of any member of the General Assembly for any felony in a trial court of this state or the United States, the member shall be immediately suspended from office and a replacement member shall be elected to serve for the duration of the suspension. The suspension lasts until the end of the member's term or until the member's conviction becomes final or the conviction is overturned, whichever is earlier. The proposed amendment ensures legislative representation during the suspension of a member of the state Senate or House of Representatives upon initial conviction for a felony. The election of a replacement member is the same as the procedure for filling a vacancy in the General Assembly.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 2-
House Resolution No. 269
Resolution Act No. 44
Georgia Laws 1999, p. 1275
"( ) Yes
( ) No
Shall the Constitution be amended so as to provide for a homeowner's incentive adjustment for ad valorem property tax relief?"
This proposal provides for an adjustment on the ad valorem property tax return of each taxpayer claiming the state-wide homestead exemption. The amount of the adjustment may be equivalent to a homestead exemption of up to $18,000.00 of the assessed value of the homestead or the taxpayer's ad valorem tax liability on the homestead, whichever is lower. Each year the General Assembly may appropriate the amount of the tax credit as grants to local governments and school districts for homeowner tax relief. The procedures and conditions for the adjustments and grants shall be subject to the provisions of general law. Enabling legislation was enacted by Georgia Laws 1999, p. 273.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 3 -
Senate Resolution No. 204
Resolution Act No. 45
Georgia Laws 2000, p. 1999
"( ) Yes
( ) No
Shall the Constitution be amended so as to authorize the General Assembly to provide a program of compensation for law enforcement officers who become physically disabled, but not permanently disabled, as a result of physical injury incurred in the line of duty and caused by a willful act of violence and for firemen who become physically disabled, but not permanently disabled, as a result of physical injury incurred while fighting a fire, which program shall entitle an injured law enforcement officer or fireman to receive monthly compensation from the state in an amount equal to such person's regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment, not exceeding 12 months and with certain exceptions?"
This proposal authorizes the General Assembly to provide for a program of compensation for injuries incurred by law enforcement officers and firemen who become physically disabled but not permanently disabled in the line of duty. Monthly compensation from the state in an amount equal to such person's regular compensation is authorized for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of employment for a period up to a total of 12 months. Satisfactory evidence of disability shall be required and such benefits shall be subordinate to workers' compensation benefits, disability, and other compensation benefits awarded from an employer and shall be limited to the difference between the benefits actually paid by the employer and the amount of the person's regular compensation. Any law enforcement officer or fireman who receives payments under the state indemnification program for permanent disability is excluded from this compensation program. Georgia Laws 2000, p. 283 enacts certain exceptions and limitations and implements the program effective upon the ratification of the amendment.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 4 -
House Resolution No. 971
Resolution Act No. 46
Georgia Laws 2000, p. 2001
"( ) Yes
( ) No
Shall the Constitution be amended so as to authorize the General Assembly to provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund?"
This proposal authorizes the General Assembly to enact an indemnification program for public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty and to establish a nonlapsing fund for such purposes with revenue from special and distinctive motor vehicle license plates honoring state educators. Georgia Laws 2000, p. 768 creates the Georgia Public School Personnel Indemnification Fund and provides for its administration effective upon the ratification of the amendment.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 5 -
Senate Resolution No. 519
Resolution Act No. 108
Georgia Laws 2000, p. 2007
"( ) Yes
( ) No
Shall the Constitution be amended so as to provide that the General Assembly may provide by law for a program for indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty?"
This proposal authorizes the General Assembly to create a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification and for the purchase of insurance. Legislation is necessary to implement the proposal.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 6 -
Senate Resolution No. 580
Resolution Act No. 48
Georgia Laws 2000, p. 2003
"( ) Yes
( ) No
Shall the Constitution be amended so as to provide that marine vessels may be classified as a separate class of property for ad valorem property tax purposes, and such class may be divided into separate subclasses for ad valorem purposes and to authorize the General Assembly to provide by general law for the ad valorem taxation of marine vessels including, but not limited to, providing for different rates, methods, assessment dates, and taxpayer liability for such class and for each of its subclasses and need not provide for uniformity of taxation with other classes of property or between or within its subclasses?"
This proposal authorizes the creation of a separate class of property for ad valorem property tax purposes to be known as marine vessels and authorizes the creation of separate subclasses of marine vessels for tax purposes. The General Assembly is authorized to provide for different rates, methods, assessment dates, and taxpayer liability for such class and need not provide for uniformity with other classes of property or for uniformity among the subclasses of marine vessels. The portion of any ad valorem tax on marine vessels to be retained by the state shall be as provided by law. Marine vessels are defined as all vessels used or capable of being used as a means of transportation on water, except for seaplanes. Legislation is necessary to implement the amendment.
A copy of this entire proposed amendment is on file in the office of the judge of the probate court and is available for public inspection.
- 7 -
House Resolution No. 268
Resolution Act No. 47
Georgia Laws 2000, p. 2002
"( ) Yes
( ) No
Shall the Constitution be amended so as to increase from five years to seven years the time of which state court judges must have been admitted to the practice of law?"
This proposal increases the experience requirement for eligibility for the office of state court judge by requiring that such persons shall have been admitted to practice law for seven years. The proposed amendment changes the requirement from five years to seven years' experience and would not apply to state court judges elected or appointed in the year 2000 or earlier. The proposal is self-executing and requires no legislation for implementation.
A copy of this entire proposed 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 Questions
Pursuant to Code Section 21-1-2 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:
-Question A-
House Bill No. 1416
Act No. 735
Georgia Laws 2000, p. 950
"( ) Yes
( ) No
Shall the Act be approved which exempts from ad valorem taxes certain fixed and mobile farm equipment used by family owned qualified farm products producers?"
This Act grants family owned farms an exemption from all ad valorem taxation for farm tractors, combines, and all other farm equipment other than motor vehicles used in the production of agricultural products.
If approved by a majority of the voters, the Act becomes effective on January 1, 2001, and applies to all tax years beginning on or after that date.
-Question B-
House Bill No. 20
Act No. 653
Georgia Laws 2000, p. 470
"( ) Yes
( ) No
Shall the Act be approved which increases from $300.00 to $2,500.00 the ad valorem tax exemption for all tools and implements of trade of manual laborers?"
This Act increases to $2,500.00 the personal property ad valorem tax exemption granted to manual laborers residing in Georgia with respect to tools and implements of trade. Current law exempts up to $300.00 of the actual value of such tools and implements owned by each laborer.
If approved by a majority of the voters, the Act becomes effective on January 1, 2001, and applies to all tax years beginning on or after that date.
-Question C-
House Bill No. 446
Act No. 697
Georgia Laws 2000, p. 799
"( ) Yes
( ) No
Shall the Act be approved which provides that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law?"
This Act grants to the unremarried surviving spouse of a member of the armed forces of the United Sates killed in service during a war or armed conflict a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the same amount as that to which a disabled veteran is granted by law. Current law only grants such an exemption to a disabled veteran or the unremarried surviving spouse of a disabled veteran, and the exemption amounts to $43,000.00.
If approved by a majority of the voters, the Act becomes effective on January 1, 2001, and applies to all tax years beginning on or after that date.
-Question D-
House Bill No. 1247
Act No. 702
Georgia Laws 2000, p. 813
"( ) Yes
( ) No
Shall the Act be approved which provides an ad valorem tax exemption with respect to the property of Elks Lodges?"
This Act excludes Elks Lodges from all ad valorem taxation for state, county, municipal, and school purposes provided such property is used exclusively for charitable, fraternal, or benevolent purposes.
If approved by a majority of the voters, the Act becomes effective on January 1, 2001, and applies to all tax years beginning on or after that date.
(OC18,25,NV1POW)

Notice
Georgia, Banks County Probate Court
The petition of Mary Helen Parson, for a year's support from the estate of Lamertine Parson, 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 6, 2000, 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. If any objections are filed, a hearing will be held on November 6, 2000, at 10 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probae Court of Banks County
(OC11,18,25,NV1P4)

Notice
Georgia, Banks County Probate Court
Peggy Samples Tingle has petitioned to be appointed Administrator of the estate of John Everette Samples, 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 6, 2000. If any objections are filed, a hearing will be held on November 6, 2000, at 10:00 a.m. If no objections are filed, the petition may be granted without a hearing.
Milton L. Dalton, Judge of the Probate Court
By: Kathy Hill, Clerk of the Probate Court
(OC11,18,25,NV1P4)

Invitation to Bid
Date Issued: October 12, 2000
Invitation No. 10-31-00
Sealed proposals from vendors will be received by the purchasing Department of the District 2 Health Office, at 1280 Athens Street, Gainesville, Georgia 30507 until 11:00 a.m. legally prevailing time on Tuesday, October 31, 2000, for three new pickup trucks, two with 2 Wheel Drive and one with 4 Wheel Drive. After the time and at the place noted above, the proposals will be publicly opened and read. No extension of the bidding period will be made.
Bidding documents may be obtained at the District 2 Health Office, 1280 Athens Street, Gainesville, Georgia 30507. Requests for documents should be filed promptly with the purchasing agent (770) 535-6994.
The Board of Health reserves the right to reject any or all bids and to waive technicalities and informalities. No bid may be withdrawn for a period of 30 days after time has been called on the date of opening.
Hall County Board of Health
Candace Sutherland, Purchasing Agent
(OC18,25INV)

Inc. Notice
Notice of Incorporation
Notice is given that Articles of Incorporation that will incorporate Solid Rock Trucking Inc. have been delivered to the Secretary of State for filing in accordance with Georgia Business Corporation Code. The initial registered office of the corporation is located at 647 Highway 51, North, Homer, Georgia, and its initial registered agent at such address is Patricia Haynes.
(OC25,NV1P2)

Inc. Notice
Notice of Intent
to Incorporate
Notice is given that Articles of Incorporation, which will incorporate INTEGRITYTV, 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 255 GA Highway 184, Toccoa, Banks County, Georgia 30577. The initial agent of the corporation at such address shall be William Greene.
David H. Robertson
D.H. Robertson & Associates, P.C.
2154 Fountain Square
Snellville, GA 30078
(770) 736-5182
(OC25,NV1P2)

Notice
Call for Special Election
Notice is hereby given that a special referendum election shall be held on November 7, 2000, in conjunction with the 2000 General Election, pursuant to Ga. Laws 2000, p. 813 (Act No. 702). The special referendum election is for the purpose of presenting to the voters the following question:
"Shall the Act be approved which provides an ad valorem tax exemption with respect to the property of Elks Lodges?"
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 I of this Act shall become of full force and effect on January 1, 2001, and shall be applicable to all taxable years beginning on or after that date. If Section I of this Act is not so approved or if the election is not conducted as provided in this section, Section I 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.
All persons who are not registered to vote and who desire to register to vote in the special referendum election may register to vote through the close of business on October 10, 2000. Polls will be open from 7:00 a.m. until 7:00 p.m.
Cathy Cox, Secretary of State
(OC25,NV1POW)

Notice
Call for Special Election
Notice is hereby given that a special referendum election shall be held on November 7, 2000, in conjunction with the 2000 General Election, pursuant to Ga. Laws 2000, p. 470 (Act No. 653). The special referendum election is for the purpose of presenting to the voters the following question:
"Shall the Act be approved which increases from $300.00 to $2,500.00 the ad valorem tax exemption for all tools and implements of trade of manual laborers?"
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 I of this Act shall become effective on January 1, 2001, and shall apply to all tax years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section I 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.
All persons who are not registered to vote and who desire to register to vote in the special referendum election may register to vote through the close of business on October 10, 2000. Polls will be open from 7:00 a.m. until 7:00 p.m.
Cathy Cox, Secretary of State
(OC25,NV1POW)

Notice
Call for Special Election
Notice is hereby given that a special referendum election shall be held on November 7, 2000, in conjunction with the 2000 General Election, pursuant to Ga. Laws 2000, p. 799 (Act No. 697). The special referendum election is for the purpose of presenting to the voters the following question:
"Shall the Act be approved which provides that any person who is a citizen and resident of Georgia and who is an unremarried surviving spouse of a member of the armed forces of the United States, which member has been killed in any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all ad valorem taxation for state, county, municipal, and school purposes in the same amount as that to which a disabled veteran is entitled under other provisions of law?"
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 I of this Act shall become of full force and effect on January 1, 2001, and shall apply to all tax years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section I 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.
All persons who are not registered to vote and who desire to register to vote in the special referendum election may register to vote through the close of business on October 10, 2000. Polls will be open from 7:00 a.m. until 7:00 p.m.
Cathy Cox, Secretary of State
(OC25,NV1POW)

Notice
Call for Special Election
Notice is hereby given that a special referendum election shall be held on November 7, 2000, in conjunction with the 2000 General Election, pursuant to Ga. Laws 2000, p. 950 (Act No. 735). The special referendum election is for the purpose of presenting to the voters the following question:
"Shall the Act be approved which exempts from ad valorem taxes certain fixed and mobile farm equipment used by family owned qualified farm products producers?"
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 I of this Act shall become of full force and effect on January 1, 2001, and shall apply to all tax years beginning on or after that date. If the Act is not so approved or if the election is not conducted as provided in this section, Section I 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.
All persons who are not registered to vote and who desire to register to vote in the special referendum election may register to vote through the close of business on October 10, 2000. Polls will be open from 7:00 a.m. until 7:00 p.m.
Cathy Cox, Secretary of State
(OC25,NV1POW)

Divorce Notice
Notice of Publication
In the Superior Court
of Banks County
State of Georgia
Ryan M. Smith, Plaintiff vs. Christy L. Ridley, Defendant
By order for service by publication dated the 28th day of September, 2000, you are hereby notified that on the 9th day of August, 2000, Ryan M. smith filed suit against you for divorce.
You are required to file with the Clerk of the Superior Court, and to serve upon plaintiff's attorney, Douglas L. Henry, and answer in writing within sixty days (60) of the date of the order for publication.
Witness, the Honorable Robert Adamson, Judge of this Superior Court.
This the 5th day of October, 2000.
June Westbrook, Deputy Clerk, Superior Court
For: Douglas L. Henry, P.O. Box 1257, Clarkesville, GA 30523
(OC11,18,25,NV1INV)

Notice
Georgia, Banks County Probate Court
The petition of Annie Ruth Wilbanks, for a year's support from the estate of Gilliam Thomas Wilbanks, 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 6, 2000, 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. If any objections are filed, a hearing will be held on November 6, 2000, at 10 a.m. If no objections are filed, the petition may be granted without a hearing.
Witness, the Honorable Milton L. Dalton, Judge
By: Kathy Hill, Clerk, Probate Court of Banks County
(OC11,18,25,NV1P4)

Notice of Sale
Notice of Sale Under Power
Georgia, Banks County
Under and by virtue of the Power of Sale contained in a Security Deed given by Trudy A. Blackwell and Wayne E. Blackwell to Norwest Mortgage, Inc., dated January 21, 1999, recorded in Deed Book 140, Page 383, Banks County, Georgia Records, conveying the after-described property to secure a Note in the original principal amount of Eighty-Two Thousand Seven Hundred and 00/100 Dollars ($82,700.00), with interest thereon as set forth therein, there will be sold at public outcry to the highest bidder for cash before the Courthouse door of Banks County, Georgia, within the legal hours of sale on the first Tuesday in November, 2000, the following described property:
See Exhibit "A" attached hereto and made a part hereof
The debt secured by said Security Deed has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Security Deed. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in the Security Deed and by law, including attorney's fees (notice of intent to collect attorney's fees having been given.)
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Trudy A. Blackwell and Wayne E. Blackwell or a tenant or tenants and said property is more commonly known as 44 North Main Street, Maysville, GA 30558.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Security Deed.
Wells Fargo Home Mortgage, fka Norwest Mortgage, Inc., as Attorney-in-Fact for Trudy A. Blackwell and Wayne E. Blackwell
S.H. McCalla
McCalla, Raymer, Padrick, Cobb, Nichols & Clark, LLC
1544 Old Alabama Road
Roswell, Georgia 30076
www.foreclosurehotline.net
SHM/kms 11/7/00
Our file no. 5615900-FT7
This law firm is acting as a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.
Exhibit "A"
All that certain property situated in the County of Banks, and State of Georgia and being described in a Deed dated 3/21/95, and recorded 3/30/95, among the land records of the County and State set forth above, and referenced as follows: Book 95, Page 390.
All that lot, tract or parcel of land, together with all improvements thereon, situate, lying and being in the City of Maysville, Banks County, Georgia, and being known as 44 North Main Street, Anderson District, G.M. and being 1.92 acres as shown by a plat prepared by F.M. Meeks, Surveyor, dated September 13, 1969, and recorded in Plat Book 3, Page 206, Banks County, Georgia Plat Records.
(OC11,18,25,NV1B/930 6000)

Notice of Sale
Banks County, Georgia
Under and by virtue of the Power of Sale in a Deed to Secure Debt from Judy V. Smith, Grantor to Somma Investments, Inc., Grantee, dated August 15, 1993; recorded in Deed Book 84, Page 479, Banks County, Georgia, given to secure a promissory note dated August 15, 1993, in the original principal amount of $5,832.67, there will be sold by the undersigned at a public outcry, during the legal hours of sale before the door of the Courthouse of Banks County, Georgia, on the first Tuesday of November, 2000, to-wit November 7, 2000, to the highest and best bidder for cash, the following described property:
All that tract or parcel of land lying and being in the 265th GMD of Banks County, Georgia, containing 0.52 acres, and being shown as Lot 6 of the Timberlane Subdivision in a plat of survey dated August 8, 1988, and recorded in Plat Book 14, at Page 102, in the Office of the Clerk of Superior Court of Banks County, Georgia.
The street address of the property is Lot 6 Timberlane Subdivision.
The debt secured by said Deed to Secure Debt and Note has been declared due and payable in full because of default in payment of installments pursuant to the terms thereof. Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of the Deed to Secure Debt and Note. The indebtedness remaining in default, the sale will be made for the purpose of applying proceeds thereof to the payment of the indebtedness secured by the Deed to Secure Debt, accrued interest and expenses of the sale and other sums secured by the Deed to Secure Debt including attorney's fees, and the remainder if any shall be applied as provided by law.
To the best of the undersigned's knowledge and belief the property is in the possession of Judy V. Smith and said property will be sold as the property of Judy V. Smith, subject to outstanding ad valorem taxes, street improvements, and easements or restrictions of record, if any. The undersigned will execute a deed to the purchaser at said sale as provided in the Deed to Secure Debt.
Somma Investments, Inc., as Attorney-in-Fact for Judy V. Smith.
Kerry S. Doolittle
Attorney at Law
P.O. Box 949
Watkinsville, Georgia 30677
(706) 769-0591
(OC11,18,25,NV1INV)


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