Local and special acts and resolutions of the General Assembly of the state of Georgia 1956 [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 HAPEVILLE: LONGINO PORTER, INC. 19560000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1956 19560000 COMPILED AND PUBLISHED BY AUTHORITY OF THE STATE

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PRESS OF LONGINO PORTER, INC.HAPEVILLE, GA.

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ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1956 SMYRNA CHARTER AMENDED. No. 1. (House Bill No. 69). An Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), so as to remove the provision requiring that a person must be registered and entitled to vote for members of the General Assembly from Cobb County before being eligible to vote in municipal elections; 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 Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955),

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as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 1325), is hereby amended by striking from Section 13 the words and who is registered and entitled to vote for representatives from the County of Cobb in the General Assembly of the State of Georgia, so that when so amended Section 13 shall read as follows: Section 13. Be it further enacted that every citizen of the City of Smyrna, eighteen years of age or over, who shall have resided within the corporate limits of the City of Smyrna for a period of six months next preceding an election, and who is legally registered under the ordinances of said city as a voter in the municipal elections of said city at least fifteen days preceding an election, and who shall have paid all taxes which may have been required of him or her by said city, and which he or she may have had an opportunity to pay agreeably to law, except for the year during which the election was held, and who shall have paid all fines, license and business taxes required of him or her by said city, shall be qualified to vote at any election held in said City of Smyrna. Qualified voters. Section 2. Said Act is further amended by striking from Section 14 the words and are registered and entitled to vote, under the laws of the State of Georgia, for representatives from the County of Cobb in the General Assembly of Georgia; so that when so amended, Section 14 shall read as follows: Section 14. Be it further enacted, that in case the manager of any election shall have a reasonable doubt as to the qualification of any voter, or should any voter be challenged, they shall administer said voter the following oath: `You do swear that you are a citizen of the State of Georgia, that you have attained the age of eighteen years; that you have resided for a period of six months next preceding the election within the corporate limits of the City of Smyrna, and have paid all taxes, licenses, and fines legally required of you by said City

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of Smyrna, and have legally registered under the ordinances of said city as a voter in the municipal elections of said city at least fifteen days prior to the election for which the within oath is being administered.' Oath. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher of The Marietta Daily Journal, who deposes and says that the following and attached notice of intention to apply for passage of a local bill to amend the charter of the City of Smyrna so as to remove the provision requiring that a person must be registered and entitled to vote for members of the General Assembly from Cobb County before being eligible to vote in municipal elections; and for other purposes, was published in The Marietta Daily Journal in its editions of December 22 and 29, 1955, and January 5, 1956: M-1068. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna so as to remove the provision requiring that a person must be registered and entitled to vote for members of the General Assembly from Cobb County before being eligible to vote in municipal elections; and for other purposes. This 22nd day of December, 1955. Harold S. Willingham, Representative, Cobb County. 12:22-29; 1:5. Deponent further says that The Marietta Daily Journal

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is a newspaper of general circulation in Cobb County, Georgia, is published daily except Saturday, and is the newspaper in which the sheriff's notices for the county are published for the calendar year 1956. This 6th day of January, 1956. /s/ Brooks P. Smith, Publisher, The Marietta Daily Journal. Sworn to and subscribed before me, this 6th day of January, 1956. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal) Approved January 25, 1956. COBB COUNTY ZONING AND PLANNING ACT. No. 2 (House Bill No. 68). An Act to set up a comprehensive zoning and planning system for the unincorporated areas of Cobb County, Georgia; to grant and delegate zoning powers and authority, as authorized by the Constitution of this State, to the governing authority of Cobb County in the unincorporated areas of such county; to provide that such zoning powers and authority shall be exercised only to the extent and in the manner as set forth in this Act; to authorize the creation and appointment of the Cobb County Planning Commission to act in an advisory capacity and to assist the governing authority in the administration and enforcement of this Act, and to prescribe the duties and functions of such commission; to provide for the adoption of

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plans and resolutions for zoning and planning in the affected areas of said county and for modifications thereof and the method and manner of adopting same; to authorize the employment of such personnel as shall be necessary for the administration and enforcement of this Act and the method and manner of compensating same; to provide that the governing authority can prescribe and fix and collect certain fees and charges in connection with the administration of this Act; to provide for the enforcement of the zoning rules, regulations and restrictions promulgated under authority of this Act; to provide for appeals of any decision or action of the governing authority hereunder to the Superior Court of Cobb County for determination de novo; to repeal all zoning and planning laws now in effect in Cobb County; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. That this Act shall be known as and cited as the Cobb County Zoning and Planning Act. Title. Section 2. Definitions. The following terms when used in this Act shall have the following meanings and shall always be so construed: Governing authority. The person or persons designated by applicable and valid laws of force in this State as the governing authority of Cobb County, same being at this time the sole commissioner of roads and revenues of said county. Definitions. Commission, Planning commission, County planning commission. The Cobb County Planning Commission, the creation of which is authorized by this Act. Section 3. That the governing authority of Cobb County, Georgia, now being the sole commissioner of

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roads and revenues of said county under the existing and applicable laws of force in this State, is hereby granted and delegated zoning powers and authority as authorized by Paragraph XXIII of Section VII of Article III of the Constitution of the State of Georgia of 1945, same to be exercised only in the unincorporated areas now or hereinafter existing in said county and in such areas only to the extent and in the manner, and subject to all limitations and rights of appeal, as hereinafter provided by this Act. Section 4. That the governing authority of Cobb County shall have the power and authority to create a county planning commission in and for Cobb County same to be known and designated as the Cobb County Planning Commission, which said commission shall consist of five (5) citizens, registered voters, and freeholders of said county, and who shall be appointed by said governing authority. The original appointment of such members and their terms shall all expire on January 2, 1957, and at the expiration of said terms as aforesaid, all subsequent members shall be appointed for terms of two (2) years each and shall serve until their successors are appointed and qualified. That said members of such planning commission shall receive compensation for their services in such capacity as shall from time to time be fixed by the governing authority not to exceed twenty dollars ($20.00) for each meeting of the commission actually attended. Planning commission. Section 5. That said planning commission shall serve in an advisory capacity only to the governing authority, it being created to assist the governing authority in the administration and enforcement of this Act, and toward such ends said commission shall have such powers as may be proper and consistent with the operation of said commission, and shall have such additional powers as may be by order of the governing authority from time to time conferred thereon not inconsistent with the terms of this Act or laws of this State, now or hereafter existing; the power and authority granted to said planning

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commission and to be granted them from any other source, as well as the powers granted by said governing authority of Cobb County, Georgia, are to be exercised only in the unincorporated areas of the county now or hereinafter existing (that is outside any incorporated municipal limits). Its powers. Section 6. That it shall be the duty of said planning commission and it shall have power to recommend or make suggestions to said governing authority of Cobb County, Georgia, concerning the laying out, widening, extending, and location of parks and playgrounds; the relief of traffic conditions, traffic congestion; the development of housing and supervision of sanitary conditions; and the establishment of zones and districts. Further, it shall be the duty of said planning commission to consider and make recommendations and suggestions to said governing authority of Cobb County, Georgia, concerning the use, height, area, and king of buildings or structures to be erected in the various sections of said county; to consider and make recommendations and suggestions to said governing authority of Cobb County, Georgia, concerning the density of population to be permitted in the various sections of said county; to study and propose such regulations as may be advisable for the promotion of the business interest, health, morals, safety, comfort, convenience and welfare of said county. Duties. Section 7. That said planning commission shall as soon as may be after its appointment as above provided, prepare and submit to the said governing authority of Cobb County, Georgia, a comprehensive plan for zoning the unincorporated areas of said county, for the purpose of suggesting the proper location of streets, apartment houses, dwelling and other uses for property or land, the height of buildings, the area of the lot to be occupied, the provision of yard space, the fixing of building lines; the density of population to be permitted in the various sections of the county. Said comprehensive plan may contain plans for the districting and/or zoning of the territory and land in Cobb County, Georgia (outside of

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incorporated areas), for the purpose of regulating the location of businesses, trades, industries, residences, apartment houses, hotels, dwellings, outhouses, or any other uses of property or land, or for the purpose of regulating the height, kind and dimensions of buildings or other structures, including the type of material to be used in construction and regulations regarding the plumbing, heating and electrical installations; also they may prescribe for the same purposes the area or dimensions of the lots and the yards used in connection with any building or structures to be erected and occupied for any purpose set out in this section; or they may in their discretion recommend regulations relative to the alignment of buildings and structures and prescribing their distance from the street along the front thereof. Said comprehensive plan may provide that the unincorporated areas of the county may be divided into such number of zones or districts and such districts may be of such shape and area as may be deemed best suited to attain the purpose of zoning regulations. They may go into congested areas and propose zoning regulations for any part of or all of such congested areas and classifications may be based on the nature or character of the trade, industry, profession or other activity conducted or to be conducted upon the premises or land, the number of persons, families or other group units to reside in or use such buildings, the public, quasi-public, or private nature of the use of the premises or land, or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, convenience, prosperity, or welfare of the community. Provided before such comprehensive plan for the zoning of the unincorporated areas of Cobb County can be submitted or recommended to the governing authority, the planning commission shall hold public hearings on same after advertising once a week for four (4) weeks in the legal organ of the county the time and place of same, which public hearings once commenced may continue from day to day or be adjourned from time to time to a definite future date. It is not intended by this or any other section of this Act to vest in the planning commission or the governing

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authority of Cobb County any authority to forth with adopt any planning or zoning resolution, said planning commission being merely authorized to prepare and submit and recommend to the governing authority a comprehensive plan for the zoning of the unincorporated areas of Cobb County after due consideration and public hearings. Said governing authority may however receive such comprehensive zoning plan from the said planning commission in the manner aforesaid and may then proceed to adopt the said plan as hereinafter provided. Zoning plans. Section 8. That upon receipt of the comprehensive plan hereinbefore mentioned from said county planning commission, the said governing authority of Cobb County, Georgia, may accept or reject the report; or may adopt an entirely new plan or may adopt the plan of said planning commission in modified form. Before proceeding to the consideration of such an adoption, however, the governing authority must advertise once a week for four weeks in the newspaper published in said county in which the sheriff's advertisements appear the fact that on a given date he shall proceed with the consideration of the plan offered by the planning commission, so that the public may be informed of the action contemplated by said governing authority. On the day named in the notice, he shall proceed to the adoption of said plan (in modified form if so desired) or some other plan and may continue the hearing from day to day or to any named day until final action is taken on the same. Any person who objects to all or any part of said plan as finally adopted may, within thirty (30) days after its adoption, appeal to the Superior Court of Cobb County, where the same shall be tried de novo before a jury. Any person or persons so appealing shall clearly state in their petitions whether or not their objections are to all or a portion of said comprehensive zoning plan and if only to a portion or portions of same shall clearly set forth that which is objected to. Said comprehensive plan shall go into effect immediately upon its adoption subject only to the right of appeal as herein provided. Adoption. Section 9. That after the adoption of said comprehensive

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plan or zoning resolution herein before provided for, the same may be altered, modified, or amended and designated areas therein changed, and the rules governing the erection and construction of buildings modified and changed, all in the following manner: Application shall be filed by party at interest to the planning commission, which application shall clearly set forth the property or matters involved and the changes desired. Upon receipt of such application, the planning commission shall proceed to advertise once a week for three (3) weeks in the legal organ of the county the pendency and contents of such application and shall set forth in such advertisement the date and time fixed by said planning commission for a public hearing on same, which public hearing once begun may be continued from day to day or to a definitely named date, provided that such public hearing shall be concluded within fifty (50) days from the date of the flling of the original application. Within ten (10) days after the conclusion of such public hearing on any such application the planning commission shall transmit to the governing authority such application together with the recommendations of the planning commission in the matter and its reasons therefor. Upon receipt of such application with the recommendations of the planning commission thereon, the governing authority shall set a time (day and hour) for the hearing of said proposed change and give notice to the public thereof by publishing notices in the newspaper in said county in which the sheriff's advertisements are published once a week for at least three (3) weeks; and if changes are proposed for specific areas only, reasonable notice shall be posted on the affected areas for such time and in such manner as the governing authority may prescribe. On the day and hour appointed the governing authority shall proceed to a hearing on the application and shall determine and dispose of the same. The governing authority shall have the right to continue the hearing from day to day or to any named day as in his discretion may be deemed advisable, provided that same shall be finally disposed of within sixty (60) days from the date that the application was received

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from the planning commission with its recommendations thereon. After the governing authority has taken final action on an application in the manner aforesaid, he shall immediately notify in writing the original applicant of the action taken as well as any other interested parties requesting in writing such a notification. The original applicant, or other persons, firms or corporations having an interest in the subject matter of the application may within twenty (20) days after the date of the final action of the governing authority on same, appeal to the Superior Court of Cobb County where the issue so made shall be tried de novo before a jury. In the event that the planning commission shall fail or refuse to hold hearings on or transmit any applications to the governing authority within a period of sixty (60) days from the date of its filing, the applicant may, if he has filed a proper application and paid the advertising and other prescribed costs thereon, so notify the governing authority in writing of such fact and the governing authority shall immediately take jurisdiction of the matter and dispose of same within the manner and in the time aforesaid. If the governing authority shall fail or refuse to hold a public hearing or take action on any application within the allotted sixty (60) day period, then in such event the original applicant may appeal to the Superior Court of Cobb County where the matter of his application shall be tried de novo before a jury. Modification of adopted plans. Section 10. That the county planning commission shall adopt such rules and regulations as it may deem advisable for the governing of the commission and adopt such rules and regulations as may be deemed advisable for the public to appear before said planning commission and be heard as to any changes, modifications or amendments to any planning or zoning resolution that may have been passed on by the governing authority; and it may require a deposit of such advertising costs or other costs as may in its discretion seem proper, before it will conduct a hearing in regard to any application in regard to any change, modification or amendment and before

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it will make a recommendation on the same to the governing authority. Rules and Regulations. Section 11. The governing authority is hereby given the authority to require the obtaining of use permits for allowable uses of land and properties covered by the zoning regulations promulgated hereunder. Also the governing authority is likewise given the authority to require the obtaining of building permits before any building or structure is commenced or erected within any of the areas zoned under the authority of this Act, and may also require the obtaining of certificates of occupancy for any such building or structures before same can be occupied or used. In addition the governing authority is hereby given the authority to adopt and promulgate building, plumbing and electrical codes covering all construction commenced in the areas zoned under this Act after the adoption of any such codes. In the event that the governing authority exercises the authority here granted him to require use permits, building permits and certificates of occupancy, then in such event he shall promulgate appropriate rules and regulations for the issuance of same. Permits. Codes. Section 12. That every decision or action of the governing authority of Cobb County in the administration of this Act and the zoning regulations and restrictions promulgated hereunder shall be subject to appeal to the Superior Court of Cobb County, Georgia, where same shall be tried de novo before a jury. All appeals to the superior court which are authorized by this Act may be brought by any interested person or persons, and shall be filed in the office of the Clerk of the Superior Court of Cobb County, and shall name the governing authority of Cobb County as defendant therein, and any other interested person or persons shall have the right to intervene and become a party or parties thereto. Unless otherwise provided herein, all such appeals shall be filed within twenty (20) days from the time of the taking of the action of the governing authority complained of. Appeals.

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Section 13. That nothing contained herein shall be construed as permitting or authorizing the governing authority of Cobb County, nor shall the governing authority of Cobb County have the power or right, to zone or restrict or change the use of any land, building, or structure from the use that or for which it is being utilized or used at the time of the passage of this Act, except upon the subsequent abandonment of such use or utilization, and the prohibition herein imposed on the zoning power of the governing authority shall likewise extend to all lands, buildings, or structures in process of development or construction on which sums of money toward such ends have been expended or obligated at the time of the passage of this Act. Existing uses. Section 14. That the governing authority shall provide and make available to the planning commission a clerk to record the proceedings of such commission and to have the custody of its official papers and documents. The governing authority shall employ and prescribe the duties of a county building inspector and such other personnel, including independent planning consultants, as shall from time to time in the discretion of the said governing authority be necessary for the administration and enforcement of this Act and the zoning rules and regulations promulgated hereunder. The salaries of all such personnel to be fixed and paid from time to time by the governing authority from county funds available for such purpose. Building inspector and other employees. Section 15. That the governing authority shall from time to time promulgate and have printed and made available for distribution such forms and blanks as shall in his discretion be necessary or desirable for the administration and enforcement of this Act and the zoning rules and regulations adopted hereunder, the cost of same to be paid by the governing authority from county funds available for such purpose. Forms, blanks, etc. Section 16. That the governing authority is hereby given the power and authority to fix and prescribe and

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collect fees and charges sufficient to defray in whole or partially the expenses of advertising the applications and other matters herein provided, and also fees and charges for the inspection of buildings and structures and other costs reasonably attributable to the processing of any application or the issuance of any permit authorized hereunder. Fees. Section 17. Be it further enacted that any person, firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of this Act, or violating any regulations of any county authority made in pursuance of this Act, shall be guilty of a misdemeanor, and upon conviction, shall be subject to fine or imprisonment or both, as provided by law, in misdemeanor cases. Violations. Section 18. Be it further enacted by the authority aforesaid that every violation of the terms of this Act by any person, firm or corporation or a violation by any of same of the rules and regulations prescribed by the governing authority in pursuance of this Act shall be termed a nuisance and a continuing nuisance so long as such violation may be continued and such violation may be subject to abatement as a nuisance as provided by the laws of this State. Nuisances. Section 19. Be it further enacted by the authority aforesaid that the authority herein given to the governing authority under the terms and conditions of this Act may be enforced by the county, or proper county authority, by injunction or otherwise. This authority is cumulative and is not to be construed as curtailing the right of any person, firm or corporation, resident, property owner or other persons, from bringing any proper action for the enforcement of this Act or of such rules and regulations as may be promulgated by county authority in pursuance of this Act. Enforcement of Act. Section 20. Be it further enacted that if any part, parts or section of this Act should for any reason be

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declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. If part of Act unconstitutional. Section 21. The rules and regulations adopted by the governing authority of Cobb County, Georgia, shall have the force and effect of law; and said governing authority is hereby clothed with all of the authority which the General Assembly can grant to such authority, and shall have the ultimate authority to zone and regulate in the manner and for the purposes as in detail set forth in Section 7 above, under the laws of the State of Georgia subject only to the limitations and provisions of the within Act. Section 22. Be it further enacted that all zoning laws and all zoning now in effect in Cobb County, Georgia, be and the same hereby are repealed, and that all laws and parts of laws in conflict with this Act are hereby repealed; and that the following Acts are hereby specifically repealed: Acts repealed. Act No. 108 of the 1937-1938 extraordinary session of the General Assembly of Georgia, approved December 27, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 790 et seq.), pertaining to Cobb County zoning and planning powers and being entitled: An Act to amend the Act approved August 15, 1921 (Ga. L. 1921, pp. 427-437) and all Acts amendatory thereof, which creates the office of Commissioner of Roads and Revenues of Cobb County, etc., by amending section 8 of said Act relating to the jurisdiction and powers of said commissioner so as to authorize and empower said commissioner to pass and enforce zoning

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and planning ordinances whereby the territory of the county not included in cities shall be zoned or districted for various uses, and other or different uses prohibited therein and the use for which said zones or districts may be set apart and the property located therein used or improved; to provide the manner and method of the exercise of such authority; and for other purposes. Act No. 9 of the 1943 session of the General Assembly of the State of Georgia, approved January 29, 1943, (Ga. L. 1943, p. 902 et seq.), and the several Acts amendatory thereof such Act establishing and creating a Cobb County Planning Commission and a zoning law for the unincorporated areas of Cobb County, Georgia; and for other purposes. An Act approved February 25, 1949 (Ga. L. 1949, p. 1499) being an Act entitled Cobb County Planning CommissionAmendments, which was an Act to amend the Act approved January 29, 1943, which created the Cobb County Planning Commission, and for other purposes. The Act contained at Georgia Law 1953, p. 2788, being an Act to amend an Act creating the Cobb County Planning Commission approved January 29, 1943 (Ga. L. 1943, p. 902), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1499); so as to provide for certiorari from the Board of Zoning Appeals of Cobb County; to remove from the jurisdiction of the Cobb County Planning Commission as established by the aforesaid Act all of Land Lots 659, 660 and 709 and designated portions of Land Lots 710, 731 and 732, all of such land lots lying and being in the 17th District, Second Section of Cobb County, Georgia, and to zone and rezone same for the development and maintenance of a cemetery and a memorial park cemetery; to remove from the jurisdiction of the Cobb County Planning Commission as established by the aforesaid Act, designated portions of Land Lots 732 and 733, said land lots lying and being in the 17th District and 2nd Section of Cobb County, Georgia, and to zone and rezone same for commercial

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and residential purposes; to repeal conflicting laws; and for other purposes. It is specifically provided herein that this is a general Act covering zoning and planning in Cobb County, and that it does cover the entire subject, and that this Act supersedes and repeals all previous Acts upon either of said subjects. Section 23. This Act shall take effect upon its approval. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher of The Marietta Daily Journal, who deposes and says that the following and attached notice of intention to apply for passage of a local bill to establish and set up a new and comprehensive zoning and planning law and system for the unincorporated areas of Cobb County, and to repeal all conflicting laws, and for other purposes, was published in The Marietta Daily Journal in its editions of December 22 and 29, 1955, and January 5, 1956: M-1070. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1956 session of the General Assembly of Georgia, a bill to establish and set up a new and comprehensive zoning and planning law and system for the unincorporated areas of Cobb County, and to repeal all conflicting laws, and for other purposes. This 22nd day of December, 1955. Fred D. Bentley Raymond M. Reed Harold S. Willingham Representatives, Cobb County. 12:22-29; 1:5

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Deponent further says that The Marietta Daily Journal is a newspaper of general circulation in Cobb County, Georgia, is published daily except Saturday, and is the newspaper in which the sheriff's notices for the county are published for the calendar year 1956. This 6th day of January, 1956. /s/ Brooks P. Smith Publisher, The Marietta Daily Journal Sworn to and subscribed before me, this 6th day of January, 1956. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal affixed) Approved January 25, 1956. GEORGETOWN CHARTER AMENDED. No. 3 (House Bill No. 63). An Act to amend an Act incorporating the Town of Georgetown, approved August 21, 1906 (Ga. L. 1906, p. 763), as amended, so as to provide for new corporate limits for said town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Georgetown, approved August 21, 1906 (Ga. L. 1906, p. 763), as amended, is hereby amended by striking Section 1 of said Act in its entirety, and inserting in lieu thereof a new Section 1, to read as follows:

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the Town of Georgetown shall hereafter exist under the name and style of the Town of Georgetown, and the corporate limits of said town shall be as follows: Starting at the point where Tobenannee Creek merges with the eastern boundary line of the State of Alabama, formed by the Chattahoochee River, and running thence east along Tobenannee Creek to the point where said creek crosses the eastern land lot line of Land Lot 293; running thence due north along the eastern land lot lines of Land Lots 293, 292 and 291 to a point where the eastern and northern land lot lines of Land Lot 291 meet, forming the northeast corner of Land Lot 291; running thence due west along the northern land lot lines of Land Lots 291, 318 and 323 to a point where said line meets the eastern boundary line of the State of Alabama; running thence along the eastern boundary line of the State of Alabama, as formed by the Chattahoochee River, to the point of beginning; so that said Town of Georgetown is bounded on the south by Tobenannee Creek, on the east by the eastern land lot lines of Land Lots 293, 292 and 291, on the north by the northern land lot lines of Land Lots 291, 318 and 323, and on the west by the eastern boundary line of the State of Alabama. Corporate limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe J. Hurst, who, on oath, deposes and says that he is Representative from Quitman County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Stewart Webster Journal, which is the official organ of said county, on the following dates: December 22, 1955; December 29, 1955; January 5, 1956. /s/ Joe J. Hurst Representative, Quitman County.
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Sworn to and subscribed before me, this 10 day of January, 1956. /s/ Janette Hirsch Notary Public (Seal Affixed) Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notice of Intention to Introduce Local Legislation. Georgia, Quitman County. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to amend the charter of Georgetown, Georgia; and for other purposes. This 20 day of December, 1955. Joe J. Hurst Representative, Quitman County. 12:21-27; 1:5. Approved January 26, 1956. FAYETTE COUNTY TAX COMMISSIONERS. No. 4 (House Bill No. 38). An Act to consolidate the offices of Tax Receiver and Tax Collector of Fayette County into the office of Tax Commissioner of Fayette County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for personnel; to provide for an office; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to provide an effective date; to provide for a referendum;

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to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1957, the offices of Tax Receiver and Tax Collector of Fayette County are hereby consolidated and combined into the one office of Tax Commissioner of Fayette County. The rights, duties and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Tax commissioner. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers in Fayette County is held in 1956, and the person so elected shall take office on January 1, 1957, for a term of four (4) years and until his successor is elected and qualified. Likewise, all future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four (4) years and until their successors are elected and qualified. Through December 31, 1956, the Tax Receiver and the Tax Collector of Fayette County shall continue in office. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are filled in the office of tax collector. Election, term. Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued. Section 4. The tax commissioner shall be entitled to the fees to which the tax receiver and tax collector would have been entitled had not the office of tax commissioner been created. The tax commissioner shall pay any personnel which he employs to assist him in the

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performance of his duties out of the fees which he receives. Fees. Section 5. The tax commissioner shall be furnished an office in the Fayette County courthouse, and shall keep said office open for the transaction of business as do other county officers. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Office. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed by law for the tax collector, and shall give bond as provided by law for the tax collector. Oath and bond. Section 7. Not less than ten nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Fayette County to issue the call for an election for the purpose of submitting this Act to the voters of Fayette County for approval or rejection. The ordinary shall set the date of the election for a day not less than ten nor more than thirty days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Fayette County. The ballot shall have printed thereon the words: For approval of the Act to consolidate the offices of Tax Receiver and Tax Collector into the one office of Tax Commissioner of Fayette County, effective January 1, 1957. Against approval of the Act to consolidate the offices of Tax Receiver and Tax Collector into the one office of Tax Commissioner of Fayette County, effective January 1, 1957. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full

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force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Fayette County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to consolidate the offices of Tax Receiver and Tax Collector of Fayette County into the one office of Tax Commissioner of Fayette County; and for other purposes. This 15 day of December, 1955. Grady L. Huddleston, Representative, Fayette County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grady Huddleston, who, on oath, deposes and says that he is Representative from Fayette County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of said county, on the following dates: Dec. 21, 28, 1955 and Jan. 4, 1956. /s/ Grady L. Huddleston, Representative, Fayette County.

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Sworn to and subscribed before me, this 10 day of Jan., 1956. /s/ Frank H. Edwards (Seal) Notary Public. Notary Public, Georgia, State at large. My commission expires October 14, 1959. Approved January 26, 1956. BYRON CORPORATE LIMITS. No. 5 (House Bill No. 23). An Act to amend an Act creating a new charter for the City of Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210 et seq.), as amended, so as to change and extend the corporate limits of the City of Byron from the present limits of one-half mile in every direction from the center of the freight and passenger depot of the Central of Georgia Railway Company in said city, to the limits of one (1) mile in every direction from the center of said depot; 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 Byron, approved February 13, 1941 (Ga. L. 1941, p. 1210, et seq.) as amended is hereby amended by striking in its entirety Section 2 thereof, reading as follows: Section 2. Territorial Limits. That the corporate limits of the said Town of Byron shall extend as they do at present, beginning at a point in the center of the freight and passenger depot of the Central Railroad of Georgia, measuring one-half mile in every direction, forming a complete circle; and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Corporate limits. The corporate limits of

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the said City of Byron shall be as follows: Beginning at a point in the center of the freight and passenger depot of the Central of Georgia Railway Company in Byron, as the center of said city, and extending one (1) mile in each and every direction, thus forming a complete circle. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Peach County. Personally appeared before the undersigned officer authorized by law to administer oaths, Daniel K. Grahl, who, on oath, deposes and says that he is the editor and publisher of The Fort Valley Leader-Tribune, a newspaper published in Peach County, and being the newspaper in which the sheriff's advertisements for Peach County are published, and that the following notice is a true and correct copy of the notice entitled Notice of Intention to Apply for Local Legislation for the City of Byron which was duly published in the aforesaid newspaper once a week for three consecutive weeks, to wit: December 1st, 8th and 15th, 1955. Legal Ads. Notice of Intention to Apply for Local Legislation for City of Byron. Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia a bill to extend the corporate limits of the City of Byron from the present limits of one-half mile in every direction from the center of the freight and passenger depot of the Central of Georgia Railway Company in said city to the limits of one mile in every direction from the center of said depot; and to repeal conflicting laws.

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This 28 day of November, 1955. William J. Wilson, Representative, Peach County. /s/ Daniel K. Grahl Sworn to and subscribed before me, this 23 day of December, 1955. /s/ W. D. Aultman Notary Public, Peach County, Georgia. Seal. Approved January 31, 1956. SAVANNAHELECTION OF MAYOR, ALDERMEN AND RECORDER. No. 6 (Senate Bill No.21). An Act to amend that certain Act approved August 19, 1913, entitled, An Act to provide for the holding of primary elections in the City of Savannah, Georgia, for the selection of mayor and aldermen for said city; to fix the rules and regulations under which such primaries shall be held; the qualification of voters therein, and for other purposes, compiled and published in Ga. L. 1913, p. 1141, and that certain Act approved August 12, 1914, entitled, An Act to amend an Act approved August 19, 1913, entitled as aforesaid, compiled and published in Ga. L. 1914, p. 1172, by striking Section 1, in its entirety, from each of said Acts; to provide for the date for holding the primary elections for the election of Mayor, Aldermen and Recorder of the City of Savannah; to repeal all laws and parts of laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same:

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Section 1. That certain Act approved August 19, 1913, entitled, an Act to provide for the holding of primary elections in the City of Savannah, Georgia, for the selection of mayor and aldermen for said city; to fix the rules and regulations under which such primaries shall be held; the qualifications of voters therein, and for other purposes, compiled and published in Ga. L. 1913, p. 1141, and that certain Act approved August 12, 1914, entitled, an Act to amend an Act approved August 19, 1913, entitled as aforesaid, compiled and published in Ga. L. 1914, p. 1172, be and the same hereby are amended by striking, in its entirety, Section 1, from each of said Acts and by substituting in lieu thereof in each of said Acts, the following: Acts amended. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. (a) That between May 1, and July 1, in each alternate year, beginning in 1956, preceding the regular election for Mayor and Aldermen, and preceding the regular election for Recorder of the City of Savannah, primary elections shall be held in the City of Savannah by all political parties which have a State or National organization and which desire to have candidates for mayor, aldermen and recorder in the next ensuing general municipal election for mayor and aldermen or for recorder. (b) The date of such primary election shall be set by the city executive committee of each such political party consistent with the terms of this Act. Section 2. If any provision of this law or its application to any person or circumstance is held invalid such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application, and, to this extent, the provisions of this law are declared to be severable.

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Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation, a copy of which notice is attached to said affidavit. Approved January 31, 1956. SAVANNAHRECORDER. No. 7 (Senate Bill No. 28). An Act to amend that certain Act approved August 18, 1919, entitled, An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, compiled and published in Ga. L. 1919, p. 1294, by striking therefrom Section 4, in its entirety, to fix, regulate and determine the term of office of the Recorder of the Police Court of the City of Savannah and the time at which elections of such recorder shall be held, to repeal all laws and parts of laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That certain Act approved August 18, 1919, entitled, An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, compiled and published in Ga. L. 1919, p. 1294, be and the same hereby is amended by striking therefrom Section 4, in its entirety and said Section 4, be and the same hereby is repealed. Section 2. That the elections for Recorder of the Police

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Court of the City of Savannah shall be held on the first Tuesday in August, of each fourth year, beginning with the year 1958; i.e., the next election for such recorder shall be held on the first Tuesday in August, 1958, and the next election thereafter shall be held on the first Tuesday in August, 1962, and so on each succeeding fourth year thereafter. Election. Section 3. That the recorder elected on the first Tuesday in August, 1958, shall enter into office and take the oath prescribed for other officers of the City of Savannah on the second Monday following the second Tuesday in January, 1959. Section 4. That the term of the recorder elected on the first Tuesday in August, 1958, shall expire at noon on the first Monday in October, 1962. Term. Section 5. That the recorder elected on the first Tuesday in August, 1962, and on the same day of each succeeding fourth year thereafter, shall enter into office and take the oath prescribed for other officers of the City of Savannah, on the first Monday in October following such election; the purpose of this enactment being to make the term of office of such recorder, expire in October rather than in January, commencing after the expiration of the term of office of the present incumbent. Section 6. If any provision of this law or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this Act which can be given effect without the invalid provision or application, and, to this extent, the provisions of this law are declared to be severable. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Section 8. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for

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local legislation, a copy of which notice is attached to said affidavit. Approved January 31, 1956. SAVANNAHELECTION AND TERMS OF MAYOR AND ALDERMEN. No. 8 (Senate Bill No. 29). An Act to amend that certain Act approved August 18, 1919, entitled, An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, compiled and published in Ga. L. 1919, p. 1294, by striking therefrom Section 3, in its entirety; to amend that certain Act approved August 12, 1914, entitled, An Act to provide for the registration of voters to vote at the municipal elections in the City of Savannah and to fix, regulate and determine the time, place and manner in which such elections shall be held and prescribe the qualifications of voters at all such elections and to prescribe penalties for all violations, compiled and published in Ga. L. 1914, p. 1162, by striking therefrom Sections 1 and 25, in their entirety; to fix, regulate and determine the term of office of the Mayor and Aldermen of the City of Savannah and the Recorder, and the time at which municipal elections in the City of Savannah shall be held; to repeal all laws and parts of laws in conflict herewith, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That certain Act approved August 12, 1914, entitled, An Act to provide for the registration of voters to vote at the municipal elections in the City of Savannah and to fix, regulate and determine the time,

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place and manner in which such elections shall be held and prescribe the qualifications of voters at all such elections and to prescribe penalties for all violations, compiled and published in Ga. L. 1914, p. 1162, be and the same hereby is amended by striking therefrom Section 1, in its entirety and substituting in lieu thereof the following: Sec. 1, Act of 1914, amended. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That hereafter the elections for Mayor and Aldermen of the City of Savannah, shall be held on the first Tuesday in August, of each second year, beginning with the year 1956, that is to say, the next municipal election after the passage of this Act shall be held on the first Tuesday in August, 1956, and the next municipal election thereafter shall be held on the first Tuesday in August, 1958, and so on each succeeding second year thereafter. Election of mayor and aldermen. Section 2. That certain Act approved August 12, 1914, entitled, An Act to provide for the registration of voters to vote at the municipal elections in the City of Savannah and to fix, regulate and determine the time, place and manner in which such elections shall be held and prescribe the qualifications of voters at all such elections and to prescribe penalties for all violations, compiled and published in Ga. L. 1914, p. 1162, be and the same hereby is amended by striking therefrom Section 25, in its entirety and by substituting in lieu thereof the following: Sec. 25 amended. Section 25. (a) That the mayor and aldermen elected on the first Tuesday in August, 1956, shall meet on January 21, 1957, for organization, and each alderman and the mayor shall take the oath of office. (b) That the term of office of the mayor and aldermen elected on the first Tuesday in August, 1956, shall expire at noon on the first Monday in October, 1958.

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(c) That the mayor and aldermen elected on the first Tuesday in August, 1958, and on the same day of each succeeding second year thereafter, shall meet at noon on the first Monday in October following their election, for organization, and each alderman and the mayor shall take the oath of office; the purpose of this enactment being to make the term of office of the Mayor and Aldermen of the City of Savannah, expire in October rather than in January, commencing after the expiration of the term of office of the present incumbents. Their terms. (d) The oath of office shall be the oath prescribed for persons who are on the payroll of any city in the State. Oath. (e) The recorder elected to fill the term following the term of office of the present incumbent shall enter into office and take the oath prescribed for other officers of the City of Savannah, on the second Monday following the second Tuesday in January, 1959. Recorder. Section 3. That certain Act approved August 18, 1919, entitled, An Act to alter and amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, compiled and published in Ga. L. 1919, p. 1294, be and the same hereby is amended by striking therefrom Section 3, in its entirety, and said Section 3, be and the same hereby is repealed. Sec. 3 repealed. Section 4. If any provision of this law or its application to any person or circumstance is held invalid, such invalidity shall not affect any other provision or applications of this Act which can be given effect without the invalid provision or application, and, to this extent, the provisions of this law are declared to be severable. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Section 6. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for

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local legislation, a copy of which notice is attached to said affidavit. Approved January 31, 1956. ROCKDALE TAX COMMISSIONER'S COMPENSATION. No. 9 (House Bill No. 180). An Act to amend an Act to create the office of Tax Commissioner of Rockdale County; to fix the term of said office, to appoint a tax commissioner; to provide for the election of successor; to authorize the appointment of a tax commissioner in the event of a vacancy; to prescribe the qualifications and duties of said commissioner; to fix the salary of said office; and for other purposes, approved February 26, 1943, (Ga. L. 1943, pp. 1106-1109), by amending Section 4 of said Act relative to the salary and clerical hire for said tax commissioner. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that: Section 4 of the Act creating the office of Rockdale County Tax Commissioner, approved February 26, 1943, (Ga. L. 1943, pp. 1106-1109) is hereby repealed in its entirety and a new section is substituted in lieu thereof, and is to read as follows: Sec. 4, Act of 1943, amended. Section 4. Be it further enacted that the salary of the Tax Commissioner of Rockdale County shall be three thousand ($3,000.00) dollars per annum, to be paid in monthly installments of two hundred and fifty ($250.00) dollars each, from county funds by the Commissioner of Roads and Revenues of Rockdale County, payable on the last day of each month, beginning January

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31, 1956. (The salary payment of $250.00 to be paid January 31, 1956, is for services rendered by the Tax Commissioner of Rockdale County for the calendar month of January 1956.) It is further provided that said tax commissioner shall be permitted to hire clerical help to assist in performing the duties of said office, said help is to be paid in the same manner as the tax commissioner herein, but the amount of clerical hire shall not exceed the sum of $600.00 for 1956, $1,000.00 for 1957 and the sum of $600.00 annually thereafter. Compensation. The salary paid hereunder shall be in addition to all commissions by law allowed such tax commissioner. All laws and parts of laws in conflict herewith are hereby repealed. Thursday, December 15, 1955, The Rockdale Citizen, Conyers, Georgia. Legal Notices. Notice of Intention to Introduce Local Legislation. To Whom It May Concern: This is to give notice that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to amend an Act entitled Rockdale Tax Commissioner Created, approved February 26, 1943 (Ga. L. 1943, pp. 1106-1109), by amending Section 4 of said Act relating to the salary of said commissioner and providing for clerical hire, and for other purposes. This 15th day of December, 1955. Wm. T. Dean, Representative-elect, Rockdale County, Georgia.

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Georgia, Rockdale County. I, W. Thomas Hay, do hereby certify that I am the editor of the Rockdale Citizen, and that the above notice was published in said paper, the same being the public gazette of said county, in three separate editions of said newspaper, to wit: December 15, 1955, December 22, 1955, December 29, 1955. /s/ W. Thomas Hay, Editor. Sworn to and subscribed before me, this 17th day of January, 1956. /s/ Anne Cowan (Seal Affixed) Approved January 31, 1956. HANCOCK COUNTY TAX COMMISSIONER. No. 23 (House Bill No. 159). An Act to consolidate the offices of Tax Receiver and Tax Collector of Hancock County into the office of Tax Commissioner of Hancock County; to provide for the rights, duties and liabilites of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for an office; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1957, the offices of Tax Receiver and Tax Collector of Hancock County are

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hereby consolidated and combined into the one office of Tax Commissioner of Hancock County. The rights, duties and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Tax commissioner. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers in Hancock County is held in 1956, and the person so elected shall take office on January 1, 1957, for a term of four (4) years and until his successor is elected and qualified. Likewise, all future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four (4) years and until successors are elected and qualified. Through December 31, 1956, the Tax Receiver and the Tax Collector of Hancock County shall continue in office. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are filled in the office of tax collector. Election term. Vacancies. Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued. Section 4. The tax commissioner shall be compensated in the amount of $5,000.00 per annum, to be paid in equal monthly installments from the funds of Hancock County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Hancock County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Compensation. Section 5. The tax commissioner shall be furnished an office in the Hancock County courthouse, and shall keep

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said office open for the transaction of business as do other county officers. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Office. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed by law for the tax collector, and shall give bond as provided by law for the tax collector. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to combine the offices of Tax Collector and Tax Receiver of Hancock County into the one office of Tax Commissioner of Hancock County; and for other purposes. This 29th day of Nov., 1955. Marvin E. Moate, Representative, Hancock County, 12-1-3t. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to combine the offices of Tax Collector and Tax Receiver of Hancock County into the one office of Tax Commissioner of Hancock County; and for other purposes. This 29th day of Nov., 1955. Marvin E. Moate, Representative, Hancock County. 12-1-3t. Georgia, Fulton County. Personally appeared before me, the undersigned authority

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duly authorized to administer oaths, Marvin E. Moate, who, on oath, deposes and says that he is Representative from Hancock County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite, which is the official organ of said county, on the following dates: Dec. 7, 14 21st 1955. /s/ Marvin E. Moate, Representative, Hancock County. Sworn to and subscribed before me, this 23rd day of January, 1956. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved February 9, 1956. FOREST PARK CHARTER AMENDED. No. 25 (House Bill No. 262). An Act to amend an Act approved August 14, 1908, entitled An Act to incorporate the Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town, and for other purposes and the several Acts amendatory thereof, so as to provide for a referendum to determine whether the mayor and council shall employ a city manager, and to determine the manner of election, duties, term of office and other related matters pertaining to the qualifications and office of said city manager; and so as to designate what number of the mayor and council shall constitute a quorum for the transaction of any business; and so as to authorize

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the mayor and council of said city to create and establish a merit or civil service system for certain employees of said city and to establish necessary boards, rules, examining, classifying, appointing and promoting, suspending and discharging procedures as may be needed in carrying out said merit or civil service system; and so as to provide that candidates for the office of mayor of said city shall pay a qualifying and entrance fee of $50.00, and candidates for council of said city shall pay a qualifying and entrance fee of $25.00; and so as to provide a closing date or time limit for the registration of voters on the qualified voters list and also to provide a limited time in which candidates for elective offices in said city must qualify in order to be eligible for election; so as to provide for method of condemnation of land and property for public use; so as to pay the mayor and said city the sum of $500.00 per year and each councilman the sum of $250.00 per year; and so as to provide that the governing authorities of said town may increase the ad valorem tax rate on all property, both real and personal, owned, held or possessed in said city, subject to taxation under the laws of the State of Georgia; and so as to define, prescribe, and extend the present city limits of said city and to give present municipal power and authority over all of said described area, provided the amendment is approved by a majority of those voting in a referendum by the qualified voters in a described area; to make provisions relative to water systems; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved August 14, 1908, entitled An Act to incorporate the Town of Forest Park in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and powers and the manner of their election; to provide for the government of said town; and for other purposes and the several Acts amendatory thereof, be and the same are hereby amended as follows: Acts amended.

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Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the locality are published, namely, in the Forest Park Free Press and Clayton County News Farmer, the paper in which the sheriff's advertisements for Clayton County are published, once a week for three weeks during a period of (60) days immediately preceeding its introduction into the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 2. City Manager for City of Forest Park. Paragraph 1. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the Mayor and Council of the City of Forest Park are authorized to create in the city government of said city the office of city manager. Paragraph 2. The city manager shall be chosen solely on the basis of his executive and administrative qualifications, and need not when appointed be a resident of the City of Forest Park or of the State of Georgia. No member of the mayor and council shall be chosen a city manager. City manager. Paragraph 3. The city manager shall be appointed for a term to be agreed upon by him and the Mayor and Council of the City of Forest Park, but said term in no event shall exceed five years, during which time the said city manager shall not be removed from office except for cause. Paragraph 4. The salary of the city manager shall be set in the agreement between him and the Mayor and Council of the City of Forest Park, and shall not be diminished during the term of his office unless by his consent or in the event he is dismissed from office for cause by the mayor and council of said city. Paragraph 5. The city manager shall implement the

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policies of the mayor and council as such policies are expressed by ordinances and resolutions. The mayor and council shall prescribe such other duties to be performed by the city manager as might be consistent with law, but no duty shall be so assigned which devolves by law upon officers of said city elected by the people. Paragraph 6. Before any provision of this section relating to the appointment of a city manager for the City of Forest Park shall be valid and effective, the question and desirability of having a city manager for said city shall first be decided upon and approved by a majority of the qualified voters of said city, and after the approval of this Act, the persons having the responsibility of conducting and managing elections in the City of Forest Park shall at the next regular election in December 1956, submit to the qualified voters of said city the question as to whether the City of Forest Park should have a city manager as set forth by the terms of this Act. Notice of the election shall be published once a week for four weeks prior to the date of said election in the official organ of said city. The ballots shall have printed thereon the words: For appointment of a city manager by the Mayor and Council of Forest Park. Against appointment of a city manager by the Mayor and Council of Forest Park. The qualified voters voting at said election shall specify their preference by placing an X mark to the left of the paragraph expressing their choice, and the plan receiving a majority of the votes cast shall go into effect, and if the voters specify by a majority vote that they are in favor of a city manager being appointed, then said Mayor and Council of the City of Forest Park shall endeavor to select said city manager within a reasonable time thereafter. Section 3. Be it further enacted that the mayor or mayor pro tem., and three members of the council shall constitute a quorum for the transaction of any business before the governing body of said city, and the majority

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of the votes cast shall determine all questions and elections before the council. On all questions before the mayor and council, the mayor or mayor pro tem., if he be presiding, shall be entitled to vote only in case of a tie. Quorum. Section 4. Civil service and merit system for City of Forest Park. Paragraph 1. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the provisions of the civil service system hereby created shall never apply to officers elected by the people or to the City Attorney of the City of Forest Park, or to any officer or employee during the first twelve months of employment, nor shall they apply to part-time employees or to seasonal employees whose employment does not exceed six months in any one year, nor shall they apply to persons employed to take the place of employees who were inducted or for any reason enter in the military or naval service of the United States, nor shall the civil service provisions of this amendment apply to persons temporarily employed or designated to make or conduct special inquiry, investigation or examination where such appointment or designation is certified by the mayor and council to be for employment which should not be performed by persons in classified service, and the provisions of this Act shall not apply to any employee of said city under any circumstance until said employee has met the conditions prescribed in this Act, and thereafter has been specifically designated as a classified civil service employee of the City of Forest Park by the mayor and council of said city, which action shall be taken at a regular meeting of the governing body and spread upon the official minutes. No employee shall be considered eligible for the benefits of this civil service system until said employee has first been designated a classified civil service employee of said city, by the Mayor and Council of the City of Forest Park acting in their discretion according to what would be for the best interest of the city. Civil service and merit system. Paragraph 2. Immediately upon the approval of this

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amendment, all officers and employees now in the service of said city, and future new employees of said city, shall pass such mental and physical standards and examinations as the mayor and council may from time to time prescribe. Paragraph 3. Beginning six months after approval of this amendment, all full time employees and officers of the City of Forest Park (other than the exceptions and instances named in this amendment), after having been designated classified civil service employees of said city by the Mayor and Council of Forest Park, shall be employed and serve as officers and employees of said city on the civil service plan, during good behavior, and as long as they perform faithfully and efficiently all duties required of them by their superior officers and by the mayor and council of said city. Paragraph 4. All persons subject to the civil service system hereby created for officers and employees of said city shall be subject to discharge by the mayor and council, or to reprimand, demotion or suspension, as the mayor and council may deem advisable, only after conviction, in the manner provided by this amendment, of insubordination, inefficiency, neglect of duty, drunkenness, failure to pay debt, immoral or dishonest conduct, conduct unbecoming an officer or employee, or the violation of any other uniform rule or regulation lawfully adopted by the mayor and council for officers and employees of said city to observe; notwithstanding any other provisions of this amendment, any officer or employee of the city subject to the civil service system hereby created, and who becomes physically disabled in the opinion of the mayor and council of said city, to perform his or her duties, may be retired by the mayor and council of said city in any manner which they desire. No provisions of this amendment shall prohibit the or be construed as prohibiting the Mayor and Council of the City of Forest Park from abolishing any office (except charter offices) or any position or job, without liability therefor, or on account thereof, whenever in the judgment

Page 2046

of the mayor and council of said city it is necessary or advisable to do so in the interest or for reasons of economy or due to unusual condition, or shortage, or stoppage of work or funds. Said city and the mayor and council as the governing body thereof, are hereby authorized at any time, without trial or hearing, to dispense with the services of any officer (except charter officers) or employees serving during good behavior and faithful and efficient service, or under civil service rules and regulations, whenever in the interest or for reasons of economy or due to unusual conditions or shortage or stoppage of work or funds, it is necessary in the judgment of the mayor and council of said city to do so; and in case the services of any such officer or employee are dispensed with and such officer or employee discharged or suspended for the reason or reasons above stated, the city shall not be liable for or on account of such discharge or suspension, nor for salary or compensation to such officer or employee during the period subsequent to discharge or suspension, and while such officer or employee is not engaged in actual service to the city. The mayor and council of said city may by rules and regulations provide for conditions and priorities in respect of the reemployment of such discharged or suspended officers or employees whenever, due to changes in financial and/or work conditions, the services of additional officers or employees are needed. Paragraph 5. Before an officer or employee subject to the civil service system hereby created may be discharged or punished by the mayor and council, such officer or employee must have charges preferred in writing against him by a superior officer, or by a member of the mayor and council of said city, whereby such officer or employee is charged with the violation of some provision of uniform rules and regulations so adopted by the mayor and council for officers and employees of said city or of the commission of one or more of the offenses specified in this amendment as a ground for removal from office. Paragraph 6. A copy of charges so preferred shall

Page 2047

be immediately served by the city clerk or by a police officer of said city upon the officer or employee so affected, and such officers or employees shall be immediately suspended from duty pending a speedy and impartial hearing on such charges, which hearing must be granted by the mayor and council of said city sitting as a court after ten days' notice to the employee so affected. Paragraph 7. At said hearing, both the officer or employee so affected and the party preferring charges shall have compulsory process for attendance of witnesses and the production of documents, shall be given opportunity to swear witnesses and be represented by counsel, and to submit any oral or documentary evidence pertinent to the charges so made. Except as provided by this amendment, such trial shall be conducted by the mayor and council according to the rules of procedure and evidence applicable to trials in the superior courts of this State. Witnesses appearing before such mayor and council shall be sworn by the city clerk or by an officer authorized to administer oaths, and the city clerk shall be authorized to issue in the name of the mayor and council, subpoenas and subpoenas duces tecum requiring the attendance of witnesses and the production of documents in the same manner that subpoenas may be issued for the production of witnesses and documents before the recorder's court of said city. Any witness failing without excuse to testify or to produce a document pertinent to the issues before the mayor and council may be punished for contempt after certification for such failure to a Judge of the Superior Court of Clayton County, which failure may be certified to said judge by the city clerk or the presiding officer of the mayor and council and punished as though committed before said superior court. Paragraph 8. At the conclusion of the evidence and argument of counsel on such charges, the mayor and council of said city shall enter a judgment thereon, either exonerating the employee, or finding him guilty, and subjecting him to punishment by reprimand, demotion,

Page 2048

suspension, or discharge as the mayor and council may deem advisable according to the evidence submitted. A majority vote of all members of the mayor and council sitting as a court, shall be necessary to convict, and in case of conviction, the punishment to be inflicted shall be determined in the same manner. Such judgment of the mayor and council shall constitute a final judgment which the accused may review by certiorari as now provided by law, and if the employee or officer is exonerated by such judgment, all salary which would have accrued to him, except for the proceeding, shall be due and payable. In the event such employee is adjudged guilty, no salary shall accrue to such employee between the date when charges are preferred and the date when the judgment of conviction becomes final. Paragraph 9. If any part or paragraph of this amendment shall be held unconstitutional, or invalid, for any reason, the remainder shall be in full force and effect, provided the general terms of said Act as amended by the remaining portions hereof can still be carried out. Section 5. Be it further enacted, that any person desiring to qualify as a candidate for the office of Mayor or Councilman of the City of Forest Park shall file with the city clerk a written notice of his or her intention to run for such office, and shall after the same time pay to the said clerk a qualifying and entrance fee in the amount of $50.00 if qualifying for the office of mayor, and in the amount of $25.00 if qualifying for the office of councilman. Candidacy of mayor and councilmen. Section 6. Be it further enacted that hereafter the voters' registration book of the City of Forest Park shall be closed, in any year in which there is an election to be held for the office of mayor or councilman, on the first Saturday in November, at 12:00 noon of said year, and shall remain closed until the day after the election for said offices; and also be it further enacted that any person desiring to qualify for the office of mayor or councilman shall do so as provided by law within a period of thirty (30) days prior to the closing of the

Page 2049

voters' registration book, that is, within a period of thirty (30) days prior to 12:00 noon, on the first Saturday in November of said year. Voters' registration. Section 7. The City of Forest Park, as a body politic, shall have the full power and authority to acquire, by the exercise of the power of eminent domain, any real property or any interest therein, within or without the corporate limits of said city, which it may deem necessary for any corporate purpose. Eminent domain. Section 8. The mayor of said city shall receive as compensation the sum of $500.00 per year, and the councilmen each the sum of $250.00 per year; said rates of pay shall be computed beginning with the calendar year January 1, 1956, and shall be paid out of general funds of said city. The governing authority may be ordinance prescribe whether said sum shall be paid annually or monthly. Compensation of mayor and councilmen. Section 9. Be it further enacted, that for the purpose of raising money to support and maintain and meet the expenses of the town government, the mayor and councilmen of said city shall have power and authority to levy and collect a street tax on all male residents of said City of Forest Park between the ages of 21 and 50 years, said street tax not to exceed $3.00 per year (provided that the street tax aforesaid shall not apply to members of the governing body of said city, nor to members of the volunteer fire department of said city, nor to active members of the United States Armed Forces, nor to members of the active organized Reserves of the United States Armed Forces, nor to members of the Georgia National Guard); and an ad valorem tax on all property whatsoever owned, held or possessed, both real, personal, or mixed, of every nature in said city, subject to taxation under the laws of the State; said ad valorem tax not to exceed 20 mills on each one dollar of the assessed value of such property. Street tax. Section 10. Defining, prescribing, and extending new

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city limits of City of Forest Park. Paragraph 1. Be it enacted further that the corporate limits of the City of Forest Park be changed so that in the event a majority of the qualified voters approve of the same in a referendum, that the new limits shall be defined, prescribed, and extended as follows: Beginning at a point in the 13th District of Clayton County at the northeasterly corner of Land Lot 16, which point is a common corner to Clayton, Fulton and DeKalb Counties, thence proceeding south along the east land lot line of Land Lot 16 to a point where it intersects with the north land lot line of Land Lot 240 and thence east 1,520 feet along the north line of Land Lot 240 to a point on the DeKalb County and Clayton County line thence proceeding south 1 degree east along a line paralleling the district lines of Districts 12 and 13 of Clayton County, a distance to a point marked by a marble marker indicating property of the United States Government at the Atlanta General Depot; thence proceeding south 89 degrees west a distance of 1,522 feet along the property line of the United States Government at the Atlanta General Depot to a pont on the eastern line of the 13th District of Clayton County; thence south 0 degrees 30 minutes east along the eastern line of the 13th District of Clayton County a distance of 1,940 feet to a point in the center of the main track of the Central of Georgia Railroad; thence proceeding north 70 degrees 22 minutes west along the center of the main line of the Central of Georgia Railroad a distance of 843 feet; thence proceeding south 0 degrees 30 minutes east a distance of 1,583 feet; thence south 89 degrees west a distance of 2,309 feet to a point on the eastern line of Land Lot 79 of the 13th District of Clayton County; thence proceeding south 1 degree 15 minutes east a distance of 2,018 feet along the east line of Land Lot 79 of the 13th District of Clayton County to the southeastern original corner of said Land Lot 79 of the 13th District of Clayton County; thence continuing to proceed south 1 degree 15 minutes east a distance of 590 feet along the east line of Land Lot 82 of the 13th District of Clayton County; thence south 89 degrees 56 minutes west a distance of 344 feet to an iron pin; thence

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south 20 degrees west a distance of 341 feet to an iron pin; thence south 7 degrees west a distance of 289 feet to a point in the center of Pine Ridge Road; thence south 74 degrees east along the center of said Pine Ridge Road a distance of 514 feet to a point on the east line of Land Lot 82 of the 13th District of Clayton County; thence proceeding in an easterly direction along the center of said Pine Ridge Road a distance of 1,790 feet to a point where said Pine Ridge Road and Phillips Drive intersect, in the center of Phillips Drive (also known as Phillips Road); thence proceeding in a southernly direction along the center of said Phillips Drive a distance of 7,200 feet to the center point of the intersection formed by said Phillips Drive and Morrow Road (also known as Morrow-Philadelphia Road); thence proceeding in a northwesterly direction along the center line of the said Morrow Road a distance of 4,700 feet to a point on the south line of Land Lot 111 of the 13th District of Clayton County; thence proceeding south 89 degrees west and along the south lines of Land Lots 111, 110 and 109 of the 13th District of Clayton County a distance of 5,922 feet to the easterly right-of-way line of the South Expressway, which is also known as the four-lane highway, and also known as U. S. Highways Nos. 41 and 19, and State Highway No. 3; thence proceeding in a northwesterly direction along the easterly side of said South Expressway right-of-way through Land Lots 109, 108, 85, 76, 54, 53, and 43 of the 13th District of Clayton County a distance of 16,210 feet to a point on the north line of said Land Lot 43 of the 13th District of Clayton County; thence proceeding north 89 degrees east a distance of 6,436 feet along the north lines of Land Lots 43, 44, and 45 of the 13th District of Clayton County to the northeastern corner of said Land Lot 45; thence north 1 degree west a distance of 5,930 feet along the west lines of Land Lots 19 and 14 of the 13th District of Clayton County to the northwest corner of said Land Lot 14, which point lies on the line between Clayton and Fulton Counties; thence proceeding north 89 degrees east a distance of 8,960 feet along the north lines of Land

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Lots 14,15, and 16 of the 13th District of Clayton County to the point of beginning. City limits. Paragraph 2. If any territory which is embraced within the area described in Paragraph 1 of this section is included in the corporate limits of any other municipality, such territory shall not be included within the corporate limits of the City of Forest Park, but shall continue to be and remain as a part of and within the corporate limits of such other municipality. Paragraph 3. That all powers and authority of the City of Forest Park, under its charter and ordinances and all laws appertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The power and authority of the officers of the city are made coextensive with the limits as defined, prescribed, and extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Forest Park, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and in cases of default, sell the property upon which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Forest Park are extended to all the limits included under the terms of this Act. The power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of the city, clerk of council, building inspector, court recorder and all other officers of the City of Forest Park, even though not specifically named herein, are extended to the entire area described above as fully and completely as they now exist within the former limits under the present charter, the laws, and ordinances covering the City of Forest Park. Said described territory which includes additional property not in the former city limits is likewise made subject to all the bonds heretofore issued by the City of Forest Park. Paragraph 4. The provisions of Section 10 of this Act

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shall be null and void unless approved by a majority of the qualified voters in the area proposed to be annexed by this Act, and which has not heretofore been a part of the corporate limits of the City of Forest Park, voting in a special election to be held within thirty (30) days after the approval of this Act. It shall be the duty of the Ordinary of Clayton County to prepare a separate list of the voters of such area and only such voters shall be eligible to vote at such election. Said election shall be called, conducted, and managed by the Ordinary of Clayton County and the expenses thereof shall be [Illegible Text] by the City of Forest Park. All persons eligible to vote in the aforesaid area shall have the right to register to vote in said election up until ten (10) days before the date thereof. Referendum. Paragraph 5. The ballot used in said election shall be marked as follows: In favor of new, prescribed and defined city limits for City of Forest Park. Against new, prescribed and defined city limits for City of Forest Park. and shall be marked by the voter in the slot to the left by placing an X mark beside his or her preference. The words, Place an `X' mark in slot beside your preference shall be on or near the bottom of the ballot. Paragraph 6. In the event a majority of the votes are cast in favor of the new, prescribed and defined city limits for the City of Forest Park, then the area described shall be the City of Forest Park, and the results of the election shall be certified by the ordinary to the Secretary of State of Georgia. In the event a majority vote is cast against the new, prescribed, and defined city limits for the City of Forest Park, then the city limits of said city shall be the same as they were prior to the passage of this Act. Section 11. The franchise heretofore granted the Clayton County Water Authority to establish its water system in the area involved in this law, is hereby declared to be of full force and effect, and the said extension of said city limits shall be subject to the rights of

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said Authority to serve said area with its water system, except as may be agreed upon between said city and said Water Authority. The said City of Forest Park shall have the right to purchase the system as planned and laid out within said city limits upon the payment to said Authority the pro rata cost of planning and installing such system together with the assumption of that portion of the bonds and revenue certificates that may be outstanding at the time of such purchase. Water system. Section 12. That if any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Section 13. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Personally appeared before me, the undersigned, a notary public, Rex T. Reeves, author of the attached bill, who after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published, once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Forest Park will apply to the session of the General Assembly of Georgia convening in January, 1956, for passage of local legislation to amend an Act entitled An Act to incorporate the Town of Forest Park, in the County of Clayton; to prescribe its limits; to provide for a mayor and council of said town and prescribe their duties and

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powers and the manner of their election; to provide for the government of said town, and for other purposes, and the several Acts amendatory thereof, and for other purposes. This first day of December, 1955. Rex T. Reeves, City Attorney for the City of Forest Park, Georgia. /s/ Rex T. Reeves Sworn to and subscribed before me, this 13th day of January, 1956. /s/ Jenoise E. Silver Notary Public, Georgia, State at Large. My commission expires March 11, 1959. (Sealed Affixed). Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Jack Troy, who, being first duly sworn, according to law, says that he is the publisher and editor of the Forest Park Free Press and Clayton County News and Farmer, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication of which the annexed is a true copy, was published in said paper on the 15th day of December, 1955, and once each week thereafter for five consecutive weeks as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Forest Park will apply to the session of the General Assembly of Georgia convening in January, 1956, for passage of local legislation to amend an Act entitled An Act to incorporate the Town of Forest Park, in the County of Clayton; to prescribe its limits; to provide for a mayor and

Page 2056

council of said town and prescribe their duties and powers and the manner of their election, to provide for the government of said town, and for other purposes, and the several Acts amendatory thereof, and for other purposes. This first day of December, 1955. Rex T. Reeves, City Attorney for the City of Forest Park, Georgia. /s/ Jack Troy Subscribed and sworn to before me, this 14 day of January, 1956. /s/ E. R. Boggus Notary Public Notary Public, Clayton County, Georgia. My commission expires January 10, 1959. (Seal Affixed). Approved February 10, 1956. BANKS COUNTYSHERIFF'S COMPENSATION. No. 26 (House Bill No. 95). An Act to provide supplemental compensation for the Sheriff of Banks County; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective April 1, 1956, the Sheriff of Banks County shall be compensated in the amount of $100 per month, in addition to any fees, allowances or other compensation of whatever kind which he now receives. Said sum shall be paid from the funds of Banks County. Compensation.

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Section 2. It shall be the duty of the Ordinary of Banks County to hold an election for the purpose of submitting this Act to the voters of Banks County for approval or rejection. The date of said election shall be the same date on which the Democratic primary is held for the purpose of nominating county officers for the year 1956. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Banks County. The ballot shall have printed thereon the words: For approval of the Act to supplement the compensation of the Sheriff of Banks County by $100 per month. Against approval of the Act to supplement the compensation of the Sheriff of Banks County by $100 per month. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Banks County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legal Legislation. Notice is hereby given to all concerned that at the 1956 session of the General Assembly of Georgia I will introduce a bill to provide for a monthly salary of the Sheriff in and for Banks County, Georgia, same to be a reasonable amount, to supplement the fees he now receives.

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Said bill to be voted on by the voters of Banks County, Georgia, at the same time the county primary is held for the nomination of county officers for 1956. This December 16th, 1955. Tom Martin, Representative Banks County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Martin, who, on oath, deposes and says that he is Representative from Banks County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Banks County Journal, which is the official organ of said county, on the following dates: Dec. 16, 23 and 30, 1955. /s/ Tom Martin, Representative, Banks County. Sworn to and subscribed before me, this 11 day of Jan., 1956. /s/ Paul McKelvey, Notary Public. Approved February 10, 1956. GLASCOCK COUNTY TAX COMMISSIONER. No. 28 (House Bill No. 368). An Act to consolidate the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner of Glascock County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to

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taxes and tax fi. fas.; to provide for compensation; to provide for personnel; to provide for an office; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1957, the offices of Tax Receiver and Tax Collector of Glascock County are hereby consolidated and combined into the one office of Tax Commissioner of Glascock County. The rights, duties and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Tax commissioner. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers in Glascock County is held in 1956, and the person so elected shall take office on January 1, 1957, for a term of four (4) years and until his successor is elected and qualified. Likewise, all future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four (4) years and until their successors are elected and qualified. Through December 31, 1956, the Tax Receiver and the Tax Collector of Glascock County shall continue in office. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are filled in the office of tax collector. Election term. Vacancies. Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued. Section 4. The tax commissioner shall be compensated

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in the amount of $2,400.00 per annum, to be paid in equal monthly installment from the funds of Glascock County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Glascock County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. The tax commissioner, if authorized to do so by the governing authority of Glascock County, may employ personnel to assist him in the performance of the duties of his office, and the compensation for such personnel shall be fixed jointly by the tax commissioner and the governing authority of the county. Such compensation shall be paid from the funds of Glascock County. Compensation. Section 5. The tax commissioner shall be furnished an office in the Glascock County courthouse, and shall keep said office open for the transaction of business as do other county officers. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Office. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed by law for the tax collector, and shall give bond as provided by law for the tax collector. Oath, bond. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. Georgia, Warren County. Alva L. Haywood personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn deposes and says: That the attached and foregoing notice of local legislation, entitled Bill to consolidate the office of Tax Collector and Tax Receiver of Glascock County into that

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of Tax Commissioner of Glascock County, was published in the Gibson Record Guide, the official organ for Gibson and Glascock County, and the newspaper in which sheriff's advertisements for said county are published, once a week for three (3) weeks during a period of sixty (60) days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponent who is the editor and publisher of the Gibson Record and Guide, official organ for Glascock County, for the purpose of showing compliance with the Constitution and laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of attaching a copy of the notice hereto as it appeared in the issues of the Gibson Record and Guide dated January 13, 20, and 27th, 1956. Signed: /s/ Alva L. Haywood Editor and publisher, Gibson Record and Guide, Gibson, Georgia. Sworn to and subscribed before me, this 26th day of January, 1956. /s/ Charles H. Snider Notary Public, Warren County, Ga. Bill is Proposed to Consolidate Glascock County Tax Offices. A bill is scheduled to be introduced in the current session of the State General Assembly to consolidate the tax collector's office with that of the tax receiver's office in Glascock County, according to an announcement made this week by W. G. Todd, Representative of Glascock County. Rep. Todd said that the new bill will call for fixing an annual salary for the job in lieu of the present fee system which is now in use. He said if the bill is approved

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by the Assembly, it will become effective January 1st, 1957. The complete notice is as follows: Notice. Notice is hereby given that it is my intentions to introduce in this 1956 session of the General Assembly a bill to consolidate the office of Tax Collector and Tax Receiver of Glascock County into that of Tax Commissioner of Glascock County. Effective January 1st, 1957, and to fix an annual salary in lieu of the present fee system. W. G. Todd, Representative, Glascock County, Georgia. c Jan 13, 20, 27 Approved February 10, 1956. BARROW COMMISSIONERSELECTION AND COMPENSATION OF CHAIRMAN. No. 30 (House Bill No. 392). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Barrow approved March 10, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 756) as amended particularly by an Act approved March 25, 1947 (Ga. L. 1947, p. 569) and by an Act approved January 31, 1955 (Ga. L. 1955, p. 3360) so as to provide a method for the election of the chairman of said board; to change the compensation of the chairman of said board; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating an Act creating a Board of Commissioners of Roads and Revenues for the County

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of Barrow approved March 10, 1937 (Ga. L. 1937-1938, Ex. Sess., p. 756) as amended particularly by an Act approved March 25, 1947 (Ga. L. 1947, p. 569) and by an Act approved January 31, 1955 (Ga. L. 1955, p. 3360) is hereby amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. Be it enacted by the authority aforesaid, that there shall be a commissioner from each road district and he must be a resident of the road district which he represents, each road district being thus represented on said board by a resident respectively. Each commissioner shall be elected by the qualified voters of Barrow County at large. The resident of a road district receiving the highest number of votes by the voters of Barrow County shall be declared elected to represent his district on said Board of Commissioners of Roads and Revenues of Barrow County, Georgia. From the three candidates who are elected to serve on said board there shall be elected a chairman of the board who shall qualify and be elected in the following manner. Election. (1) Qualify as a candidate for commissioner. (2) Designate himself as a candidate for chairman, before the election is held. (3) Be elected to the board as a commissioner. (4) Receive the highest number of votes for chairman. In the event none of the candidates who are elected to serve on said board have designated themselves as a candidate for chairman, said elected candidates shall elect their own chairman. Section 2. Section 2 of said Act is hereby amended by striking from the second line of said section the figures $3,000.00 and inserting in lieu thereof the figures $3,600.00. Compensation.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To whom it may concern: Notice is hereby given that a local bill will be introduced during the 1956 session of the General Assembly of the State of Georgia, to amend the laws relating to and dealing with the Board of Commissioners of Roads and Revenues of Barrow County, to provide for the manner of election of chairman and members; their qualifications, compensation and duties. Any pertinent amendment may be introduced and notice thereof is hereby given. This 19th day of December, 1955. Robert L. Russell, Representative, Barrow County, Ga. 12-28-3tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Russell, Jr., who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is the official organ of said county, on the following dates: December 28, 1955, January 4th and 11th, 1956. /s/ Robert L. Russell, Jr., Representative, Barrow County, Georgia.

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Sworn to and subscribed before me, this 30 day of January, 1956. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved February 13, 1956. CEDARTOWNPARKING FACILITIES. No. 32 (House Bill No. 296). An Act to amend an Act of the General Assembly of Georgia, approved March 29, 1937, entitled An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith, and all laws amendatory thereof, to provide that said City of Cedartown, through its city commission, shall be authorized and empowered to operate, within or without the corporate limits of said city, parking lots and other parking facilities, with or without charge, for the parking of automobiles and other vehicles; to provide that said city, through its city commission, shall be authorized and empowered to own, purchase, rent, lease and improve property, within or without the corporate limits of said city, for the purpose of parking motor vehicles or other vehicles; to provide for the payment of the cost of purchasing, owning, renting, leasing, maintaining, improving and operating such parking lots and facilities; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that said Act approved March 29, 1937, as amended by the various Acts amendatory thereof, be, and the same is hereby amended, by adding to said Act approved March 29, 1937, a new section to be numbered Section 86-A, which shall read as follows: The City of Cedartown, through its city commission, shall have full power and authority to operate parking lots and other parking facilities, within or without the corporate limits of said city, for the parking of automobiles and other vehicles; and said city, through its city commission, shall have full power and authority to operate such parking lots and facilities for free use by the public, or said city, through its city commission, may charge for such parking, all in the sound discretion of said city commission acting for and on behalf of said city. Said city, through its city commission, shall have full power and authority to own, purchase, rent, lease, maintain, improve, and operate land and buildings, within or without the corporate limits of said city, for said parking purposes, and shall have full power and authority to pay the cost thereof out of any funds not specifically appropriated to some other use. For the purpose of owning or improving any such parking lots and facilities, said city, through its city commission, shall have full power and authority to issue and sell bonds in the same manner as bonds are issued and sold for other purposes. Parking facilities. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act, be, and the same are hereby, repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January session, 1956, of the General Assembly of Georgia: An Act to amend an Act of the General Assembly of

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Georgia, approved March 29, 1937, entitled An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith, and all laws amendatory thereof, to provide that said City of Cedartown, through its city commission, shall be authorized and empowered to operate, within or without the corporate limits of said city, parking lots and other parking facilities, with or without charge, for the parking of automobiles and other vehicles; to provide that said city, through its city commission, shall be authorized and empowered to own, purchase, rent, lease and improve property, within or without the corporate limits of said city, for the purpose of parking motor vehicle or other vehicles; to provide for the payment of the cost of purchasing, owning, renting, leasing, maintaining, improving and operating such parking lots and facilities; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Georgia, Polk County. Personally appeared Joseph C. Haire, who on oath says that he is editor and publisher of The Cedartown Standard, a newspaper published in the City of Cedartown, Polk County, Georgia, and being the newspaper in which the sheriff's advertisements for said county are published. Affiant further swears that the above foregoing and attached Notice of Intention to Apply for Local Legislation was duly published in said newspaper once a week for three (3) weeks, said publications having appeared in said newspaper on the following dates, to wit: January 6, January 13 and January 20, 1956. /s/ Joseph C. Haire.

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Sworn to and subscribed before me, this 21st day of January, 1956. /s/ Constance W. Ragsdale, Notary Public, Polk County, Georgia. (Seal). Approved February 13, 1956. SAVANNAH CIVIL SERVICE SYSTEM AMENDED. No. 33 (House Bill No. 231). An Act to amend the charter of the Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof and supplementary thereto, relating to the Savannah Civil Service System, incorporated in Georgia Laws 1949, pp. 548-564, as amended by Georgia Laws 1955, January-February session, pp. 2296-2303; changing the definition of public hearing, redefining certain categories in the unclassified service; enlarging the probationary period of appointment to the classified service; providing for a probationary period for a promoted classified employee; providing that residence requirements may be waived; and for other purposes. It is hereby enacted by the General Assembly of the State of Georgia that the Act creating the Savannah Civil Service System incorporated in Georgia Laws 1949, pp. 548-564, and amended by Georgia Laws 1955, January-February Session, pp. 2296-2303, is hereby amended as follows: Section 1. Subparagraph (7) of Section 2 of said Act is hereby stricken in its entirety and a new subparagraph substituted in lieu thereof, reading as follows: (7) `Public hearings' means an opportunity given

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after public notice of at least five (5) days for any person or persons to appear and be heard on the matter involved. Section 2. Items (h) through (m) of subparagraph (1) of Section 5 are hereby stricken in their entirety and new items (h) through (1) substituted in lieu thereof, which new items shall read as follows: Public hearings. (h) Heads of departments appointed by the city manager. (i) Special temporary employees whose employment does not exceed four (4) months duration in any one year. Sec. 5, Act of 1955, amended. (j) Officers and employees of the public libraries and its branches. (k) Employees of the City of Savannah making a salary of less than one hundred dollars ($100.00) per month. (l) When more than 51% of the officers and employees of the public library and its branches request in writing to the civil service board that the officers and employees of the public library and its branches be placed under the classified service, they shall thereafter be under said classified service. Section 3. Section 7 is hereby stricken in its entirety and a new Section 7 is substituted in lieu thereof, reading as follows: Section 7. Methods of filling vacancies. Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer or demotion. The director may advise with the appointing authorities as to which of those methods should be employed in each instance, but the decision shall rest with the appointing authority, provided,

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that appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. Methods of filling vacancies. Section 4. Section 8 of said Act is hereby stricken in its entirety and a new Section 8 is substituted in lieu thereof, reading as follows: Section 8. Certification and appointment. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the director a statement of the duties of the position and a request that the director certify to him the names of persons eligible for appointment to the position. The director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the director that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the director deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the director after investigation may with

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the approval of the board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of one year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the director shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Certification and appointment. Section 5. By adding a third sentence to Section 12 of said Act so that said Section 12 as amended, shall read as follows: Section 12. Promotion. Promotion of employees covered by this article shall be made only according to merit and fitness and must be ascertained by competitive examinations, regardless of the number of applicants seeking promotion. Such examinations shall be conducted by the director, who shall certify the three highest examinees to the appointing authority who shall appoint one of the examinees. Any classified employee promoted to any other classified position shall serve a probationary period of 12 months during which time he may be demoted to his former position without right of appeal to the civil service board. Promotions. Section 6. Section 15 is hereby amended by adding the words holding a permanent civil service status who is after the words any employee in the second sentence of said section so that the section as amended will read as follows: Section 15. Demotion. An appointing authority may in accordance with the rules and regulations established by the board demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee involved and the director have been notified in writing

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of such contemplated action. Any employee holding a permanent civil service status who is demoted by any appointing authority may appeal his or her demotion to the board for consideration and review. The board may in its discretion restore any employee who has been demoted. Demotions. Section 7. Section 16 of said Act is hereby amended by adding the words if holding a permanent civil service status after the words dismissed employee in the third sentence of said section so that the section as amended will read as follows: Section 16. Suspension. Any appointing authority may suspend a subordinate in the classified service for cause and may recommend to the board that he be dismissed from the service or recommend suspension, demotion or transferral. Such appointing authority shall, within twenty-four hours of such suspension, file with the board a copy of the written notice furnished the employee so suspended, setting forth in detail the reason for such action and his recommendations in the premises. The dismissed employee if holding a permanent civil service status shall have an opportunity to answer the charges in writing within ten days and to file with the board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. It shall then be the duty of the board, upon an investigation and a hearing thereon, to either approve or disapprove the suspension by the appointing authority and where recommendations are made, to either approve or disapprove such recommendations, with authority where the cause is shown to suspend the employee for any period of time it may designate; or reinstate the employee to his former status and in their discretion with authority to direct payment of salary during such period of suspension preceding the trial; or to transfer, demote or dismiss said employee. Provided, however, that the board within thirty days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own

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motion or on the motion of any party, re-open the case and vacate, modify or revise its former order so as to lessen but not increase the penalty imposed, but after the end of such 30 days, the board shall not have any authority to re-open such ase for any cause. Where an appointing authority has adopted or hereafter adopts a rule for the compulsory retirement of all of its employees upon their reaching an age, provided by such appointing authority, the provisions of this article shall be subject to any such rule of such appointing authority. Suspensions. Section 8. Section 17 is hereby amended by changing the word six in the last sentence of said section to eleven so that the section as amended will read as follows: Section 17. Lay-off and leave of absence without pay. An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and the director. Any person who has been appointed to a position in the classified service, or who shall have attained a civil service status, under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed eleven consecutive months in any twelve months' period may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the director notified in writing. Lay-offs and leaves without pay. Section 9. Section 18 is hereby amended by adding the words if holding a permanent civil service status after the words dismissed employee in the second sentence of said section, so that the section as amended will read as follows:

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Section 18. Removal. Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. The dismissed employee if holding a permanent civil service status shall have an opportunity to answer the charges in writing within ten (10) days, and to file with the board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the board may reinstate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal, political or religious reasons and not justified. The board may after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee involved either to the same position, if approved by the appointing authority, or to a lower position as the board may direct. Provided, however, the board within thirty (30) days from an action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but after the end of such thirty (30) days the board shall not have any authority to reopen such case for any cause. Where an appointing authority has adopted or hereafter adopts a rule for compulsory retirement of all of its employees upon their reaching an age provided by such appointing authority, the provisions of this Act, shall be subject to any such rule of such appointing authority. Removals. Section 10. Section 21 of said Act is hereby stricken in its entirety and a new Section 21 is substituted in lieu thereof, reading as follows: Section 21. Residence. (a) Positions in the classified service shall be filled

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by citizens of Chatham County who have been residents of Chatham County for at least six (6) months immediately preceding the date of examination. At the discretion of the board, residence requirements may be waived for any classification whenever a sufficient number of candidates can not readily be obtained from legal residents of Savannah or Chatham County. Removal of residence outside of Chatham County may be grounds for removal unless permission to remove is granted by the board and approved by the city manager. Residence. (b) Employees in the unclassified service, including the city manager, shall during their tenure of office reside in Chatham County but need not reside within the city limits. Section 11. General repeal. All Acts or parts of Acts which are inconsistent with the provisions of this Act are hereby repealed. Section 12. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Louise Olliff who on oath deposes and says that she is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following

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Notice of Intention to Apply for Legislation. State of Georgia, Chatham County. Notice is hereby given of the intention to apply for legislation to amend Ga. L. 1919, p. 1294, 1295, by striking Secs. 3 and 4 therefrom; to amend Ga. L. 1914, p. 1162, by striking Secs. 1 and 25, therefrom; to fix, regulate and determine the term of office of the Mayor, Aldermen and Recorder of the City of Savannah and the time at which municipal elections in the City of Savannah shall be held; to amend Ga. L. 1913, p. 1141-1143, and Ga. L. 1914, p. 1172, by striking Section 1, from each of said Acts; to provide for the date for the holding of primary elections for the election of Mayor, Aldermen and Recorder of the City of Savannah; to amend the Civil Service Act of the City of Savannah, Ga. L. 1947, p. 938, as amended, Ga. L. 1949, p. 548 and Ga. L. 1955, p. 2296, so as to define public hearings, unclassified service, methods of filling vacancies, and probationary period, to provide for an appeal from a demotion, to provide employees the right to answer charges, to provide for residence requirements and the waiver of residence requirements, and to provide for leaves of absence without pay; to otherwise alter and amend the charter of and the several Acts relating to and incorporating the City of Savannah, and for other purposes. Edwin Maner, Jr., City Attorney, has been published in said Savannah Evening Press, once a week for 3 weeks, towit in the regular issues of December 24, 31, 1955, January 7, 1956. Sworn to and subscribed before me this 18 day of January 1956. /s/ Louise Olliff. /s/ Flournay J. Mulling, Notary Public, Chatham County, Ga. Approved February 13, 1956.

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HABERSHAM COUNTY COMMISSIONERS. No. 34 (House Bill No. 39). An Act to create a Board of Commissioners of Roads and Revenue for Habersham County; to provide for commissioner districts; to provide for the election, terms of office, compensation, powers, jurisdiction, duties, bond, and oath of the commissioners; to provide for a clerk; to provide for a superintendent of roads; to provide for filling vacancies; to provide for meetings; to provide for purchases; to provide for a quorum; to provide qualifications; to provide an effective date; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created a Board of Commissioners of Roads and Revenue for Habersham County, hereinafter referred to as the board, to be composed of three members. Such board shall come into existence January 1, 1957, with the first members thereof being elected in 1956 as hereinafter provided. Board. Section 2. For the purposes of electing the members of the board, Habersham County is hereby divided into three commissioner districts. Commissioner District Number One shall be composed of the following militia districts: 409 (Clarkesville), 422 (Deep Creek), 501 (Batesville), 666 (Cool Springs), and 977 (Fair Play). Commissioner District Number Two shall be composed of the following militia districts: 752 (Center Hill), 1021 (Fork), 1391 (Falling Water), 1486 (Demorest), and 1648 (Glade Creek). Commissioner District Number Three shall be composed of the following militia districts: 414 (Mud) Creek, 1449 (Cornelia), 1612 (Baldwin), and 1693 (View). One member from each of the three commissioner districts shall be elected by the voters of the commissioner district from which the person offers as a candidate. Any person offering as a candidate to represent a commissioner district must reside in the commissioner

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district from which he offers. The first members of the board shall be elected at the same time as the county officials of Habersham County are elected in the year 1956, and shall take office on January 1, 1957. The member elected by and from Commissioner District Number One at the 1956 election shall serve for a term of one year and until his successor is elected and qualified. The member elected by and from Commissioner District Number Two at the 1956 election shall serve for a term of two years, and until his successor is elected and qualified. The member elected by and from Commissioner District Number Three at the 1956 election shall serve for a term of three years, and until his successor is elected and qualified. Beginning in the year 1957, and each year thereafter, a successor to the member of the board whose term expires that year shall be elected by and from the commissioner district of the member whose term expires that year for a term of three years. Such election shall be held on the Tuesday after the first Monday in November of each year and the member so elected shall take office on January 1 of the year following election. The present governing authority of Habersham County shall continue control of the affairs of Habersham County, that are placed under the control of the board by this Act, through December 31, 1956. Commissioner districts. Election, terms. Section 3. Any person to be eligible to serve as a member of the board must be at least 25 years of age on the date of the election; must have resided in Habersham County for at least two years immediately preceding the date of the election; must be a resident of the commissioner district from which he offers for election; and must be qualified and registered to vote for members of the General Assembly. Qualifications. Section 4. Before entering upon his duties, each member of the board shall take an oath to faithfully perform his duties under this Act and the Constitution and laws of the State of Georgia, such oath shall be administered by the Ordinary of Habersham County. Oath. Section 5. Before entering upon the discharge of his

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duties, each member of the board, the clerk, and the superintendent of roads, as hereinafter provided, shall each give bond in the sum of ten thousand dollars ($10,000.00) with a surety company authorized to do business in Georgia, as surety, payable to the Ordinary of Habersham County, for the use of Habersham County. Such bond shall be conditioned for the satisfactory performance by each of the members, the clerk and the superintendent of roads, of the duties of his office and for a true accounting of all monies and effects of said county coming under his custody, possession, or control. Such bonds shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premium on such bonds shall be paid from the funds of Habersham County. Bonds. Section 6. In the event a vacancy occurs on the board for any reason other than the expiration of the members' term of office, it shall be filled by a special election to be called by the Ordinary of Habersham County within fifteen days after the vacancy occurs. Such election to be held within the commissioner district in which the vacancy exists. Such election shall be held on a day not less than ten or more than fifteen days from the date of the issuance of the call. The ordinary shall conduct such election and the person so elected shall serve for the unexpired term. Vacancies. Section 7. Each member of the board shall be compensated in the amount of fifty dollars ($50.00) per month. Each member shall receive a per diem of ten dollars ($10.00) plus necessary expenses while outside the county on official business, provided however, that the per diem and necessary expenses shall not exceed one hundred and fifty dollars ($150.00) in any year for any member. Such compensation to be paid from the funds of Habersham County. Compensation. Section 8. Two members of the board shall constitute a quorum and no action shall be taken by the board without the concurring vote of at least two members of the board. At the first meeting in each year, the board

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shall elect a chairman, and a vice-chairman to serve for that year. The chairman shall preside at all meetings of the board and shall serve as the executive officer of the board. In the absence of the chairman, the vice-chairman shall preside. Meetings. Section 9. The board is hereby authorized to employ a clerk to be compensated in an amount to be determined by the board, to be paid from the funds of Habersham County. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the board and to discharge such other duties as the board may prescribe. Clerk. Section 10. The board is hereby authorized to employ a superintendent of roads to be compensated in an amount to be determined by the board. He shall perform such duties as the board may direct. Superintendent of roads. Section 11. The board shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the ordinary, when sitting for county purposes, and is hereby expressly given complete power, authority and control relative to county matters of Habersham County. The board is hereby authorized to employ necessary personnel, and to fix their compensation, to assist in the performance of the duties imposed by this Act. Board's powers. Section 12. The board shall make all purchases for Habersham County and shall make all purchases over one thousand dollars ($1,000.00) on a competitive bid basis. The board shall not expend any funds of Habersham County in payment of purchases made in violation of this section. Purchases. Section 13. The board shall hold a regular meeting on the first and third Monday in each month and may hold other meetings, as deemed advisable, upon the call of the chairman or upon the call of any two of the members. The board shall maintain an office at the courthouse of Habersham County or as near thereto as possible. Meetings.

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Section 14. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 January-February session of the General Assembly of Georgia, a bill to create a three-member board of commissioners of roads and revenue and for other purposes. T. S. Blackburn, Representative, Habersham County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths. T. S. Blackburn, who, on oath, deposes and says that he is Representative from Habersham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser, which is the official organ of said county, on the following dates: December 22, 1955; December 29, 1955; January 5, 1956. /s/ T. S. Blackburn Representative, Habersham County. Sworn to and subscribed before me this 10th day of January 1956. /s/ Shirley Muller Notary Public. Approved February 13, 1956. ELECTION HOURS IN CERTAIN COUNTIES. No. 35 (House Bill No. 107). An Act to provide for the hours of holding elections in certain counties; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. The hours for holding all general, special and primary elections in all the counties of this State having a population of not less than 118,026 and not more than 118,100 according to the United States census of 1950 or any future census, shall be from 7:00 A.M. to 7:00 P.M. according to the legal time prevailing in the State of Georgia at all of the polling places at said counties where said elections are held. This shall not apply to any municipal elections held in the municipalities in said counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. BALDWIN COUNTYZONING AND PLANNING. No. 38 (House Bill No. 158). An Act to authorize the governing authority of Baldwin County to provide for zoning and planning; to authorize joint operation with the City of Milledgeville; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Baldwin County is hereby authorized to pass zoning and planning laws as authorized by the Constitution of Georgia, and is further authorized and granted all authority which is granted to municipalities under an Act approved January 31, 1946 (Ga. L. 1946, p. 191), as amended. The governing authority is further authorized, if it so desires, to form a planning board in conjunction with the governing authority of the City of Milledgeville, and to perform

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all acts relative to zoning and planning jointly with the City of Milledgeville. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Baldwin County: Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia a bill to make provisions relative to zoning and planning for the County of Baldwin, and for other purposes. This 20th day of December, 1955. Joseph B. Duke W. C. Massee. 12 22 3tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph B. Duke, who, on oath, deposes and says that he is Representative from Baldwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of said county, on the following dates: Dec. 22 and 29, 1955 and Jan. 5, 1956. /s/ Joseph B. Duke Representative, Baldwin County. Sworn to and subscribed before me this 16 day of January, 1956. /s/ Frank H. Edwards Notary Public, Georgia, State at Large My commission expires October 14, 1959 (Seal). Approved February 13, 1956.

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CLAYTONLEASE OF GOLF COURSE PROPERTY. No. 40 (House Bill No. 42). An Act to authorize the governing authority of the City of Clayton to lease certain property owned by the City of Clayton, known as the Golf Course Property, for public recreational purposes for a period of not in excess of 99 years; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of the City of Clayton is hereby authorized and empowered to lease certain property owned by the City of Clayton, known as the Golf Course Property, to a responsible person or responsible persons, for a period of not in excess of 99 years, for public recreational purposes. The governing authority is hereby authorized and empowered to prescribe the terms and conditions of said lease, except that such lease shall contain a provision to the effect that such property shall only be used for public recreational purposes, and shall contain provisions relative to the cancellation of said lease in the event such property ceases to be used for such purposes. Said property is more particularly described as follows: All that tract or parcel of land lying and being in the Fifth Land District of Rabun County, Georgia and being parts of Lots Number Twenty-one (21) and Twenty-two (22) in said district containing one hundred twenty-one (121) acres, more or less, according to a plat of survey made by John A. Reynolds, County Surveyor of Rabun County, Georgia, and described by metes and bounds as follows: Commencing on a chinquepin stump on the west side of the public road which extends from Clayton to Tiger, Georgia, at a corner common to the land of M. M. Mitchell and the herein described land; thence with the present State highway, same being also U. S. Highway Number 23 (441); thence south 61 degrees

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west 10.27 chains; north 83 degrees west 5.42 chains; south 75 degrees west 14.00 chains; north 46 degrees west 2.90 chains. north 27 degrees west.90 chains; north 5 degrees west 3.00 chains; north 38 degrees west 1.84 chains; north 83 degrees 45 minutes west 2.38 chains; south 60 degrees west 3.50 chains; north 77 degrees west 1.66 chains; north 48 degrees west.83 chains; north 88 degrees west 2.91 chains; north 46 degrees west 2.00 chains; north 81 degrees west 1.23 chains; north 17 degrees west.83 chains; north 28 degrees east 2.60 chains; north 11 degrees east.50 chains; north 26 degrees west.50 chains, north 65 degrees west 2.70 chains; north 79 degrees 30 minutes west 3.00 chains; north 66 degrees west 2.50 chains; north 51 degrees west 1.00 chains; north 86 degrees west 1.00 chains; north 60 degrees 30 minutes west 1.70 chains; north 35 degrees west 1.71 chains; north 18 degrees west 4.37 chains; north 3 degrees west 2.25 chains; north 13 degrees west 1.37 chains; north 33 degrees 30 minutes west 1.39 chains; north 7 degrees west 5.63 chains to a stone corner; thence north 89 degrees east 52.00 chains along the district line to a white oak corner; thence south 23 degrees west 1.28 chains; south 10 degrees east.81 chains; south 6 degrees 45 minutes west 2.14 chains; south 18 degrees west 7.02 chains; south 003.00 chains; south 1 degree east 2.00 chains; south 17 degrees east 2.61 chains; north 81 degrees east 5.80 chains; south 32 degrees 30 minutes east 6.46 chains to the beginning corner. Excepting, however, from said described tract or parcel of land all that tract, the one acre tract, which is known as Rabun County Graveyard (also known as Roane Cemetery) which lies within the boundary of the foregoing described tract or parcel of land. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I will introduce at the session

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of the State legislature convening on the 9th day of January, 1956, necessary legislation whereby the City of Clayton will be able to lease or rent what is known as the Golf Course Property for public recreation purposes for a period not in excess of 99 years. This 14th day of December, 1955. Paul Green, Representative, Rabun County, Ga. Georgia, Rabun County. I do hereby certify that I, Robert Edward Barker, am editor and publisher of the Clayton Tribune, official organ of Rabun County in which all sheriff's advertisements are published for said county. I further certify that the above notice of local legislation was published in said Clayton Tribune in the December 15, December 22 and December 29 issues. Sworn to and subscribed before me this the 27 day of December 1955. /s/ Robert Edward Barker, Editor and Publisher. /s/ M. L. Harper Notary Public. Approved February 13, 1956. DALTON SCHOOL SYSTEM AMENDED. No. 41 (House Bill No. 178). An Act to amend an Act entitled: An Act to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to Section 4, Article 8 of the Constitution of Georgia, and to authorize the county school commissioners of Whitfield County to pay over

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to the board of trustees of said city, such part of the state school fund as may be the just pro rata share of said city, approved September 28th, 1881 (Act No. 359, p. 480, Ga. L. 1880-81) as amended, so as to change the conditions under which the public school system of the City of Dalton shall admit children of non-resident parents, guardians or protectors owning property within such corporate limits as regular students thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same: Section 1. An Act entitled: An act to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to Section 4, Article 8 of the Constitution of Georgia, and to authorize the county school commissioners of Whitfield County to pay over to the board of trustees of said city, such part of the state school fund as may be the just pro rata share of said city, approved September 28th, 1881 (Act No. 359, p. 480, Ga. L. 1880-81), as amended, is hereby amended by striking section 2 of said Act, which reads as follows: Sec. 2, Act of 1881, amended. Sec. II. Be it further enacted by the authority aforesaid, that no children shall be recipients of the benefit of said public schools whose parents, guardians or natural protectors have not been actual residents of the City of Dalton for twelve months preceding the time of their application for admission into said schools; but this section shall not be construed to exclude from said public schools the children of any parent, guardian or natural protector, though non-resident, who is now, or may hereafter become, the owner, in fee simple, of real estate of the value of five hundred dollars by corporation assessment; provided, that no child or children shall be excluded from the benefits of said schools whose parent or guardian is a resident of said city and has paid taxes

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to said corporation for the years such benefit may be claimed. And by inserting in lieu thereof a new Section 2, as follows: Section II. No children shall be recipients of the benefits of said public schools unless their parents, guardians or natural protectors, are residents of the City of Dalton; except, however, the said public school system shall accept as regular students the children of any parent, guardian or natural protector, though non-resident, who is now, or may hereafter become the owner of real or personal property, tangible or intangible, located within the corporate limits of said city of the value of 1,000 or more by valid tax assessment, provided the total tax for school purposes collected, or allocated to said school system therefrom, shallbeasum equal toor greaterthan the tuition charged at such time for other non-resident children, or the amount that would be charged if such other children of non-resident parents, guardians, or protectors, were admitted, or said parents, guardian or natural protector, shall pay the difference between such school taxes so collected by said city and the amount of tuition due by any other non-resident child or children admitted, or the amount that would be charged ifsuch other children of non-resident parents, guardians or natural protectors, were admitted, but provided, however, that the total amount of such taxes collected and the difference paid by such parent, guardian or natural protector, shall not exceed one-half the per pupil cost of operating said school system as may be computed from the last prior year's operation of said public school system. Children of non-resident parents, etc. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to the Citizens of the City of Dalton and Others Whom it May Concern: Notice is hereby given that there will be introduced at the next session of the General Assembly of Georgia, convening in January, 1956, a local bill affecting the City

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of Dalton, as respects the public school system thereof, which bill shall be an Act to amend an Act entitled: An Act to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to section 4, article 8 of the Constitution of Georgia, and to authorize the County School Commissioner of Whitfield County to pay over to the board of trustees of said city such part of the state school fund as may be the just pro rata share of said city, approved September 28, 1881 (Act No. 359, P. 480, Ga. L. 1880-1) as amended, by striking Section 2 of said act in its entitrety, which section provides as follows: Sec. II. Be it further enacted by the authority aforesaid, That no children shall be recipients of the benefits of said public schools whose parents, guardians or natural protectors have not been actual residents of the City of Dalton for twelve months preceding the time of their application for admission into said schools; but this section shall not be construed to exclude from said public schools the children of any parent, guardian or natural protector, though non-resident, who is now, or may hereafter become, the owner, in fee simple, of real estate of the value of five hundred dollars by corporation assessment; Provided, that no child or children shall be excluded from the benefits of said schools whose parent or guardian is a resident of said city and has paid taxes to said corporation for the years such benefit may be claimed. And by inserting a new Section 2 in lieu thereof, which provides as follows: Section II. No children shall be recipients of the benefits of said public schools unless their parents, guardian or natural protectors are residents of the City of Dalton; except, however, the said public school system shall accept as regular students the children of any parent, guardian or natural protector, though non-resident,

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who is now, or may hereafter become the owner of real or personal property, tangible or intangible, located within the corporate limits of said city of the value of $1,000 or more by valid tax assessment, provided the total tax for school purposes collected, or allocated to said school system therefrom, shall be a sum equal to or greater than the tuition charged at such time for other non-resident children, or the amount that would be charged if such other children of non-resident parents, guardians or protectors, were admitted, or said parent, gaurdian or natural protector, shall pay the difference between such school taxes so collected by said city and the amount of tuition due by any other non-resident child or children admitted, or the amount that would be charged if such other children of non-resident parents, guardians or natural protectors, were admitted, but provided, however, that the total amount of such taxes collected and the difference paid by such parent, guardian or natural protector, shall not exceed one-half the per pupil cost of operating said school system as may be computed from the last prior year's operation of said public school system. Senator, Forty-Third District of Georgia /s/ Harlan Houston Representative, Whitfield County, Georgia /s/ Harvey King, Jr. Representative, Whitfield County, Georgia Affidavit of Publication. This is to certify that the attached is a true and exact copy of a legal notice published on local legislation in regard to the passage of an Act amending Act No. 359, p. 480, Ga. L., 1880-1, as amended. The advertisement appeared in three consecutive issues of the Dalton Citizen,

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official organ of Whitfield County, Georgia, on the following dates: December 8, 15, and 22, 1955. /s/ Mark Pace, Publishing editor /s/ L. C. Lee, Publisher. Notice to the Citizens of the City of Dalton and Others Whom it May Concern: Notice is hereby given that there will be introduced at the next session of the General Assembly of Georgia, convening in January, 1956, a local bill affecting the City of Dalton, as respects the public school system thereof; which bill shall be an Act to amend an Act entitled: An act to authorize the Mayor and Council of the City of Dalton to levy a tax for the purpose of establishing and maintaining public schools in and for the municipality of Dalton, under and in conformity to Section 4, Article 8 of the Constitution of Georgia, and to authorize the County School Commissioner of Whitfield County to pay over to the board of trustees of said city such part of the state school fund as may be the just pro rata share of said city, approved September 28, 1881 (Act No. 359, p. 480, Ga. L. 1880-1) as amended, by striking Section 2 of said Act in its entirety, which section provides as follows: Sec. II. Be it further enacted by the authority aforesaid, That no children shall be recipients of the benefits of said public schools whose parents, guardians or natural protectors have not been actual residents of the City of Dalton for twelve months preceding the time of their application for admission into said schools; but this section shall not be construed to exclude from said public schools the children of any parent, guardian or natural protector, though non-resident, who is now, or may hereafter become, the owner, in fee simple, of real estate of the value of five hundred dollars by corporation assessment; Provided, that no child or children shall be excluded from the benefits of said schools whose parent or guardian is a resident of said city and has paid taxes to said corporation for the year such benefit may be claimed.

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And by inserting a new Section in lieu thereof, which provides as follows: Section II. No children shall be recipients of the benefits of said public schools unless their parents, guardians or natural protectors are residents of the City of Dalton; except, however, the said public school system shall accept as regular students the children of any parent, guardian or natural protector, though non-resident, who is now, or may hereafter become the owner of real or personal property, tangible or intangible, located within the corporate limits of said city of the value of $1,000 or more by valid tax assessment, provided the total tax for school purposes collected, or allocated to said school system therefrom, shall be a sum equal to or greater than the tuition charged at such time for other non-resident children, or the amount that would be charged if such other children of non-resident parents, guardians or protectors, were admitted, or said parent, guardian or natural protector, shall pay the difference between such school taxes so collected by said city and the amount of tuition due by any other non-resident child or children admitted, or the amount that would be charged if such other children of non-resident parents, guardians or natural protectors, were admitted, but provided, however, that the total amount of such taxes collected and the difference paid by such parent, guardian or natural protector, shall not exceed one-half the per pupil cost of operating said school system as may be computed from the last prior year's operation of said public school system. Ernest McDonald, Senator, Forty-Third District of Georgia. Harlan Houston, Representative, Whitfield County, Georgia.
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Harvey King, Jr. Representative, Whitfield County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harlan Houston, who, on oath, deposes and says that he is Representative from Whitfield County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dalton Citizen, which is the official organ of said county, on the following dates: Dec. 8, Dec. 15, Dec. 22, 1955. /s/ Harlan Houston, Representative, Whitfield County, Sworn to and subscribed before me this 18 day of January 1956. /s/ Janette Hirsch Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. (Seal) Approved February 13, 1956. DALTON CHARTER AMENDED. No. 43 (Senate Bill No. 59). An Act to amend, consolidate and supersede an Act approved February 24, 1874, amending and codifying the various Acts incorporating the City of Dalton and the several Acts amendatory thereof; to create and establish a new charter for the City of Dalton; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper for said city, and to confer extra-territorial jurisdiction upon said city within certain adjacent territory; to exercise its police powers and to regulate certain matters, things

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and offenses; to provide for the execution, service and return of certain writs, warrants and executions of said city beyond the limits of said city and within the State; to confer upon said city the right of eminent domain, and the right to acquire and own property beyond its corporate limits for certain purposes; to provide that no valid or existing ordinance, rule or regulation of said city not inconsistent with this Act shall be affected thereby; and that no existing contract, bond, debt or obligation of said city shall be affected by this Act; to provide for the creation of four political wards in said city; to provide for the election of a councilman from each of said wards; to provide for the election of a mayor of said city; to prescribe the powers, duties and responsibilities of the mayor and council, and to fix their compensation; and prescribe their qualifications and terms of office; to provide for the choosing of a city manager by the mayor and council; to prescribe his qualifications, term of office, compensation, powers, dutes and responsibilities; to provide for a mayor pro tem.; to provide for a city clerk; to prescribe qualifications, term of office of said clerk and manner of election and compensation; to provide for a city depository and how all warrants shall be drawn upon funds of said city; to fix the manner of choosing city officials and employees and prescribe their terms of office, qualifications and compensation; to preserve the corporate name and organization of the City of Dalton; to provide that the present mayor and council shall continue to serve for the term for which elected; to provide that rights, remedies and actions shall survive; to provide for a recorder's court; to provide for the naming and choosing of a recorder and fix his term of office, qualifications, duties, powers and compensation; to provide that the fire and police department of said city shall be under the power and control of the city manager; to provide that the chiefs of said departments shall be responsible to the city manager; to provide for a board of water, light and sinking fund commissioners and to fix their powers, duties, responsibilities and compensation;

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to provide for the operation of the public utilities of said city by the board of water, light and sinking fund commissioners; to provide that said board shall make all contracts affecting said public utilities, buy supplies and materials and provide for upkeep and extension and make all rules and regulations for furnishing lights, water and gas to the inhabitants of said city and enforce same; to provide that said city may maintain an electric light plant, maintain same and build lines for distribution and transmission of electricity; to provide for the maintenance and operation of the waterworks of said city, construction of mains and distribution of water within and without said city; to provide for the operation of gas to the inhabitants of said city; to provide for purchase, sale and distribution of natural gas; to provide for a sinking fund to retire the bonded debt of said city and the investment of said fund; to provide that the public utilities not to be sold without referendum; to provide for a board of tax assessors for said city, and to prescribe their duties; to provide for the levy and collection of taxes by said city, and the assessment of real and personal property for taxation; to provide for a public school system in said city; to provide for the election of a board of education for said city; to provide the terms, duties, powers and qualifications of the members of said board; to provide for levying of a tax for school purposes by the mayor and council; to provide for keeping school funds separate from other funds of said city; to authorize the mayor and council to establish fire limits and to regulate the construction of buildings within said limits or elsewhere in said city and to adopt a building code; to provide for a city attorney and city physician; to provide for the adoption of ordinances and resolutions by the mayor and council of said city; to provide for the qualifications of voters in said city; to provide for elections and the manner of holding elections in said city; to provide for a board of registrars for said city, and to prescribe their duties; to provide for the punishment of persons violating the law and ordinances of

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said city; to provide for the abatement of nuisances, the regulation of fire hazards and smoke in said city; to authorize the mayor and council to create a health department and to make all rules and regulations necessary to protect the health of the public, and to levy a tax for health and hospital purposes; to regulate the sale and distribution of milk in said city; to empower the City of Dalton to grant pensions to employees of police and fire departments; to grant pensions to dependents of any such employee who loses his life as the result of injuries sustained in line of duty; to regulate the granting of such pensions and prescribe conditions upon which pensions may be granted; to provide for the levy of a tax on the salary of all such employees; to provide that the city may use its funds for matching contributions of such employees; to provide for the administration of said pension funds; to provide for the laying and construction of sidewalks in said city and for the assessment of cost against property owners; to provide for the collection of assessments for construction of sidewalks; to provide for illegality to sidewalk assessments executions; to provide authority to repair, change, pave the streets and alleys in said city; to provide for the assessment of cost of paving, repairing or improving any street against abutting property owners; to provide for resolution requiring paving, repairing or improving any street; to provide for petition for paving by property owners; to provide for protest and objections; to provide for collection of assessments for street paving or improvements; to provide for lien on abutting property; to provide for payment of assessments in annual installments, bearing interest; to provide for levy of assessments; to provide for issuance of street improvement bonds and provide when they shall be due and payable; to provide for levy and sale of property upon default; to provide for illegality by the defendant or property owners; to provide for street or sidewalk improvement with aid of State or Federal funds and how said improvements shall be made; to provide for assessment of a part of the cost against

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the abutting property owners; to provide for levy of assessments; establishment of a lien, and for levy and sale; to provide for the registration of businesses and professions; to provide for the assessment and collection of business licenses; to provide for the construction and maintenance of a sewer system in said city; to provide for collection and disposal of garbage; to establish and maintain cemeteries and regulate interment therein; to provide for referendum; to repeal all laws inconsistent with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City of Dalton, Whitfield County, Georgia, hereinafter described, be, and they are hereby continued as an incorporation under the name and style of the City of Dalton, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers, titles, property, easements and hereditaments now belonging or in any way appertaining to said City of Dalton as hereinbefore incorporated, with power to govern themselves by such ordinances, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city as may be adopted and promulgated under the terms and provisions of this charter not in conflict with the Constitution or laws of this State or of the United States. And the said Ciy of Dalton may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, and do all other things necessary to promote the municipal corporate purposes of said city and the welfare and proper government of its inhabitants. And the said City of Dalton shall be able in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years or dispose of or sell, any interest in any real or personal property of whatsoever kind or description within or without the limits of said city, for corporate

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purposes. Said City of Dalton, created by this Act, is hereby made responsible as a corporate body for all the legal debts, liabilities, and undertakings and shall succeed to all the rights, of said The City of Dalton as heretofore incorporated, and all existing valid ordinances, rules, bylaws, and resolutions of the city as heretofore incorporated, not inconsistent with this charter, remain unaffected hereby and are hereby continued and confirmed. Incorporation. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of said city shall be as heretofore incorporated, and be the circumference of a circle described from the center of the freight depot of Western and Atlantic Railroad, in said city, as the center, with a radius of one and one-half mile in length, except that where the present city limits as provided by the Dalton City Limits Extension Act approved January 30, 1946, Ga. L. 1946, p. 477, intersects the north original line of land Lot No. 183 in the 12th District and 3rd Section of Whitfield County, Georgia, said limit shall follow the north original line of said lot west to the northwest corner of said lot and thence run south with the west original line of said lot to a point where same intersects the present city limit as established by the Extension Act aforesaid, so that hereafter all of Land Lot No. 183, not heretofore incorporated within said city shall be included therein; and except as otherwise herein provided the corporate limits of said city shall remain the same as provided in the Dalton City Limits Extension Act of 1946 above referred to, which said Act with the city limits as herein extended is expressly preserved. Corporate limits. Section 3. The City of Dalton shall be divided into four wards as follows: First Ward, north of Tyler Street; Second Ward, between Tyler Street and Crawford Street; Third Ward, between Crawford and Emery Streets; Fourth Ward, south of Emery Street, a line through the center of each of the streets named to form the boundary line of the several wards, and where such street terminates the extension of the line through the middle of

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said street to the city limits shall constitute the line between the wards. Wards. Section 4. The municipal authorities of the City of Dalton shall be the mayor and four members of council, one of whom shall be mayor pro tem., as shall hereafter be prescribed. Mayor and council. Section 5. The mayor and council of said City of Dalton shall have power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security of said city and the inhabitants thereof, and that may be necessary to foster virtue and good morals in said city, to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and council shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all the officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this charter, and that may be done or exercised under the laws of this State conferring powers upon municipal corporations. Provided said laws, ordinances, rules and regulations are not inconsistent with the laws of the State. Powers. Section 6. The compensation of all officers provided for by the charter of the City of Dalton shall be fixed by the mayor and council. The salary of the mayor and of the members of council shall not exceed $500.00 each per annum. Salaries. Section 7. At the city election on the second Wednesday in December, 1956, the councilmen each from the Second and Fourth Wards shall be elected by the voters of said city for a term of two years beginning January 1, 1957; and at the city election held on the second Wednesday in December, 1957, the councilmen

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each from the First and Third Wards shall be elected by the voters of said city for a term of two years beginning January 1, 1958; and that annually thereafter the councilmen each from the wards whose councilmen's terms expire the first of January following shall be elected for a term of two years. The mayor shall be elected at the regular city election on the second Wednesday in December, 1957, for a term of two years, beginning January 1, 1958; and his successors biennially thereafter. And the mayor and councilmen shall hold their offices for said terms, and until their successors are elected and qualified. Be it further provided by this Act that the present mayor shall continue in office as the Mayor of the City of Dalton under this charter until the expiration of the term for which he was elected and until his successor is elected and qualified, and the present councilmen of the City of Dalton shall continue in office as councilmen of the City of Dalton until the expiration of the terms for which they were elected and until their successors are elected and qualified, and they and their successors shall have and exercise all the rights, powers and duties hereby conferred on the mayor and council of said City of Dalton created by this Act. Election of mayor and council. Terms. Section 8. The qualifications of the mayor and councilmen shall be the same as those prescribed herein for voters of said city, except that a councilman must have lived within the ward from which he is elected for three months prior to the election, and be living in such ward at the time of the election; and except that the mayor at the time of his election must be 25 years of age or older. Qualifications. Section 9. The mayor and councilmen shall be elected by a vote of the entire city. Section 10. At the first regular meeting after the first day of January in each year, the mayor and council shall elect a member of council to be mayor pro tem. for one year. Such mayor pro tem. shall take the oath prescribed for the mayor and thereafter shall have the

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authority, during the absence of the mayor from the city or his sickness, or other temporary inability to act, to exercise all authority, to do all acts, and perform all duties required of the mayor by law or ordinance; and all the acts of the mayor pro tem., under this Act, shall be as valid in all respects as if done by the mayor of the city. Mayor pro tem. Section 11. Should the office of mayor pro tem. become vacant for any cause, the mayor and council shall fill the vacancy by the election of a mayor pro tem. for the unexpired term. Vacancy. Section 12. The mayor and council of the City of Dalton shall hold regular meetings on the first and third Mondays of each month. Special meetings may be held at any time on call of the mayor or a majority of the members of council. The mayor and all members of council shall be notified in advance of special meetings. All meetings shall be held at the council chambers in the city hall and shall be open to the public. Meetings. Section 13. For the transaction of all business, except as otherwise provided, the mayor and two members of council shall constitute a quorum: and the vote of three members of council or of two members of council with the concurrence of the mayor, shall decide any question which shall come before the council, except when provided otherwise by this Act. Quorum. Section 14. Neither the mayor nor any member of council, nor any of the officers of said corporation shall, during his continuance in office, purchase any claim, demand, order or debt against the city for less than the full amount of said debt, claim, order or demand, appearing to be due or claimed to be due, in cash; nor shall any of the officers, or mayor, or members of council, be directly or indirectly interested in any contract made by the mayor and council, or their agent, for the improvement of the city or otherwise; and for any violation of this section, the person so offending shall be removed

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from office, and shall in addition, be subject to indictment as for a misdemeanor, and shall be punished accordingly. Contracts. Section 15. The mayor and council shall cause to be published monthly in a newspaper published in the city a condensed report of receipts and expenditures of the city; and annually a complete report of the financial operations of the city for the preceding year, setting forth the entire receipts and disbursements of all departments of the city. Said annual report shall be prepared and certified by a duly qualified public auditor employed by the mayor and council. Financial statements. Section 16. Be it further enacted that the mayor and council of the City of Dalton must, within 120 days after the passage and ratification of this Act, name a city manager, who shall be the chief executive officer and the head of administrative branch of the city government. The city manager shall be chosen by the mayor and council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment he need not be a resident of the City of Dalton or the State of Georgia, but during his tenure of office he shall reside within the city. No person elected to membership on the council, or as mayor, shall, subsequent to such election, be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected. City manager. Section 17. The city manager shall be appointed for an indefinite term but may be removed by a majority vote of the mayor and council. At least thirty days before such removal may become effective the manager shall be furnished with a formal statement in the form of a resolution passed by a majority vote of the mayor and council, stating the mayor and council's intention to remove him and the reasons therefor with reasonable

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particularity. The manager may reply in writing to such resolution. If so requested by the manager the council shall fix a time for a public hearing upon the question of his removal and the final resolution removing the manager shall not be adopted until such public hearing has been had. Upon passage of a resolution stating the mayor and council's intention to remove the manager, they may suspend him from duty, but his pay shall continue until his removal shall become effective as herein described. The action of the mayor and council in removing the manager shall be final. In case of the absence or disability of the manager the mayor and council may designate a qualified person to perform the duties of the manager during such absence or disability. Should there be a vacancy in the office of city manager, the mayor and council must fill the vacancy within 120 days. Appointment; tenure, etc. Removal. Section 18. The city manager shall receive such compensation as may be prescribed by ordinance of the mayor and council. Compensation. Section 19. The city manager must devote all of his working time and attention to the affairs of the city, and shall be responsible to the mayor and council for the efficient administration of all of the affairs of the city over which he has jurisdiction. The city manager shall have power and it shall be his duty: City manager's duties. (1) To see that all laws and ordinances are enforced. (2) To appoint and employ all necessary employees of the city, including all police officers, firemen, marshals, and all other employees except those appointed or elected by the mayor and council, as provided herein, the board of education, and the water, light and sinking fund commission. (3) To remove employees employed by him without the consent of the council and without assigning any

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reason therefor; Provided, nothing herein shall operate or confer upon the city manager supervision and control over the city board of education, the water, light and sinking fund commission, or the trustees of the public library. (4) To exercise supervision and control of all departments and all divisions created in this charter, or that may hereafter be created by the mayor and council, except as otherwise provided in this Act. (5) To attend all meetings of the mayor and council with a right to take part in the discussions, but having no vote. The city manager shall be entitled to notice of all meetings. (6) To recommend to the mayor and council for adoption such measures as he may deem necessary or expedient. (7) To make and execute all lawful contracts on behalf of the city as to matters within his jurisdiction, except such as may be otherwise provided by law or by ordinance passed by the mayor and council, provided that no contract, purchase or obligation involving more than one thouand dollars ($1,000.00) shall be valid and binding until after approval of the mayor and council. (8) To act as chairman of the budget commission, which shall consist of the city manager, chairman of the board of education of the city, the chairman of the board of education of the city, the chairman of the water, light and sinking fund commission, and such other persons, not exceeding two, as may be appointed by the mayor and council. Said budget commission shall prepare and submit to the mayor and council, prior to the beginning of each fiscal year, a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable the amount allotted to each department of the city government and the reason for such estimated expenditures.

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(9) To keep the mayor and council at all times fully advised as to the financial condition and needs of the city. (10) To make a full written report to the mayor and council on the first of each month showing the operations and expenditures of each department of the city government under his direction for the preceding month. (11) To fix all salaries and compensation of city employees lawfully employed by him, subject, however, to the supervision, control, or disapproval by the mayor and council. (12) To perform such other duties as may be prescribed by this Act, or required by ordinance or resolution of the mayor and council. (13) The city manager shall be the purchasing agent for the city by whom all the purchases of supplies for departments under his control, as herein provided, and all contracts for printing, shall be made, and he shall approve all vouchers for same; Provided, that all contracts or agreements made by him requiring the expenditure of money to the amount of one thousand ($1,000.00) dollars or more shall be approved by the mayor and council. In the capacity of purchasing agent he shall conduct all sales of personal property which the mayor and council may authorize to be sold, and which have become unnecessary or unfit for the city's use; all such sales shall conform to such regulations as the mayor and council may from time to time prescribe. In any case of purchase or sale, if an amount in excess of five hundred ($500.00) dollars be involved, opportunity for competition shall be given. (14) The city manager, before entering upon the discharge of his duties, shall give surety bond in the penal sum of at least ten thousand ($10,000.00) dollars to be fixed and approved by the mayor and council (the premium of which shall be paid by the city), payable to

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the City of Dalton, and its successors, for the benefit of the city and for the use and benefit of the public, to secure and indemnify the city and any of the public, by reason of his default, misfeasance, malfeasance, or nonfeasance in the performance of his duties. Section 20. Neither the mayor nor council, nor any of its committees or members, shall direct or request the appointment of any person to, or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or removal of officers and employees whom the city manager is authorized to appoint or remove. Except for the purpose of inquiry, the mayor and council shall deal with such officers and employees solely through the manager, and neither the mayor nor council nor any member thereof shall give orders to any subordinate of the city manager either publicly or privately. City employees. Section 21. The mayor and council of said city at their first regular meeting held during the year 1957, and biennially thereafter, shall elect some suitable and proper person clerk of said city who shall hold office for a term of two years and until his successor is qualified unless sooner removed by the mayor and council. The salary of said clerk shall be fixed by the mayor and council prior to his election and shall not be changed during his term. Said clerk shall hereafter be elected by the mayor and council instead of the qualified voters, and after the passage and ratification of this Act no election shall be held among the qualified voters for the election of a clerk of said city. City clerk. Be it further provided by this Act that the present clerk shall continue in office under this charter until the expiration of the term for which he was elected and until his successor is selected as herein provided and qualified. Section 22. The clerk of said city upon failing to comply with any duty assigned to him by the charter of

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said city, or any ordinance of the mayor and council, may be removed from office by the mayor and council of said city, and he shall also be subject to removal for any misconduct or malfeasance in office; and there shall be no appeal from the decision of the mayor and council upon any question of removal. Removal of clerk. Section 23. The clerk of said city shall make a surety company bond payable to the mayor and council and to be approved by them in a penal sum not less than ten thousand dollars, conditioned upon his paying over to the city depository all moneys collected by said clerk by virtue of his office, and for the faithful performance of all other duties imposed upon him as clerk by the laws or by ordinances of council. The expense of said bond shall be paid by the city. No clerk of said city hereafter elected shall enter upon the duties of his office until such bond be made and approved and delivered to the mayor and council. And the said principal and sureties in said bond may be sued on said bond for any default in reference to the finances of the city made by the said clerk as soon as said default shall be ascertained, and recovery can be had and enforced as upon other judgments rendered by the courts of this State. And if said officer shall fail to pay over any funds in his hands belonging to the city, according to law and the ordinances of the council, he shall be guilty of a misdemeanor and punished therefor as prescribed by the Code of Georgia. Clerk's bond. Section 24. The clerk of said city is authorized, and it is made his duty, to collect all license fees and property taxes due the city during his term of office. Clerk's duties. Section 25. In addition to collecting all moneys due the city, as provided in this Act, said clerk shall do and perform all other duties and services provided for in this charter, duties incident to his office as clerk, and such other duties and responsibilities as from time to time may be placed upon said clerk by the mayor and council of said city. Same. Section 26. The clerk of the city shall have an office

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as near the council chamber of the city as is practicable, and shall keep said office open and remain therein for the transaction of business during such hours of each day, Sunday and legal holidays excepted, as may be prescribed by the mayor and council, and shall not be absent therefrom during such prescribed hours, except for providential cause or by authority of the mayor of the city. His office. Section 27. The clerk of the city shall not retain in his hands any funds by him collected for said city for more than one week; but said clerk shall pay over to the city depository any and all money collected by him for the city within one week from the date of collection, and upon failing to do so, shall be subject to removal at the discretion of the mayor and council. City funds. Section 28. The office of city treasurer is hereby abolished, and in lieu of a treasurer the mayor and council of said city shall select some chartered bank or banks of said city as city depository, in which shall be deposited, all funds of the city as soon as collected, and upon which all warrants and vouchers of city funds shall be drawn. The bank or banks so selected shall be required to give a good and solvent bond, payable to the mayor and council of said city and their successors in office, which bond shall be approved by the mayor and council and shall be for such amount sufficiently ample to protect said city as may be fixed by mayor and council. City depository. Section 29. The city depository shall receive all moneys due the city from any and all sources, and pay the same out upon orders drawn by the clerk upon it, said orders being countersigned by the mayor, or in his absence by the mayor pro tem. The said city depository shall keep a book which shall, at all times, be subject to inspection by the mayor and council or any person holding an order upon it, which book shall show what amount of money remains in its hands, and from what sources received, and what moneys have been by it disbursed, and upon what account, and shall preserve all

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orders by it paid off as vouchers for disbursements, and it shall do and perform all other duties relative to the finances of the city, prescribed by ordinances of the mayor and council, and in the manner prescribed, provided such ordinances are not inconsistent with the provisions of the charter. Same. Section 30. The mayor and council shall elect a city attorney, who shall act as legal advisor and attorney for the municipality and all its officers and departments in matters relating to their official duties, and in addition thereto shall perform all and such other duties as the mayor and council shall prescribe. City attorney. Section 31. Be it further enacted, that it shall be the duty of the marshal of said city, who shall be the police chief, to levy all executions in favor of said city for taxes and fines, and advertise and sell the property levied on in accordance with the laws governing sheriff's sales in this State. Marshal. Section 32. The City of Dalton is authorized and empowered to employ a building inspector, who shall be designated by the city manager, with authority to examine and condemn any building, shed, awning, or other structure in said city. In the event it appears that such structure is a menace to the health or safety of inmates, neighbors, or the public, the building inspector shall have the right to take into consideration the sanitation, ventilation, combustibility and location of said building, shed, awning, etc., in forming his opinion as to whether or not such structure is a menace. In the event such building or structure should be deemed a menace to the neighborhood or city, it shall be the duty of the building inspector to condemn such building or structure, and require the owner thereof to either repair such building in the manner required by the inspector, or remove same altogether. Such condemnation of buildings or structures shall be after notice has been served upon the owner or tenant of such building or structure, the form and time of the notice to be given to be controlled by such ordinances

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as may now be in effect or as may be hereafter passed by the mayor and council. Building inspector. Section 33. The recorder and recorder's court of the City of Dalton, the term of office of the recorder, his jurisdiction, powers, qualifications, and duties, as heretofore provided by various Acts amending the charter of the City of Dalton, are hereby expressly preserved, and the method of selection and removal of said recorder shall in nowise be affected by the passage and approval of this Act. It is provided, however, that the qualifications of a candidate for recorder shall be the same as those of a candidate for mayor under this charter. Provided, further, that the salary of said recorder shall not be less than $125.00 per month, and shall be fixed by the mayor and council at the first regular meeting in November prior to election of such recorder and shall not be changed during his term of office. Recorder. Section 34. The board of education of the City of Dalton and the board of water, light and sinking fund commissioners, the terms of office of their various members, their jurisdictions, powers and duties, as heretofore provided by various Acts amending the charter of said city, are hereby expressly preserved, and qualifications of said boards and their methods of election or selection shall in nowise be affected by the passage and approval of this Act. It is provided, however, that the limitation upon the power of the board of trustees or board of education to establish grades for pupils in public schools not to exceed ten grades in number, as provided in the Acts of 1908, pages 577 and 578, is hereby repealed and annulled, and hereafter said board shall have the power to establish such number of grades for pupils in the public schools of Dalton as it may determine for the best interests of the city. Boards. It is further provided: No children shall be recipients of the benefits of said public schools unless their parents, guardians or natural protectors are residents of the City of Dalton; except, however, the said public

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school system shall accept as regular students the children of any parent, guardian or natural protector, though non-resident, who is now, or may hereafter become the owner of real or personal property, tangible or intangible, located within the corporate limits of said city of the value of $1,000 or more by valid tax assessment, provided the total tax for school purposes collected, or allocated to said school system thereform, shall be a sum equal to or greater than the tuition charged at such time for other non-resident children, or the amount that would be charged if such other children of non-resident parents, guardians or protectors were admitted, or said parent, guardian or natural protector, shall pay the difference between such school taxes so collected by said city and the amount of tuition due by any other non-resident child or children admitted, or the amount that would be charged if such other children of non-resident parents, guardians or natural protectors, were admitted, but provided, however, that the total amount of such taxes collected and the difference paid by such parent, guardian or natural protector, shall not exceed one-half the per pupil cost of operating said school system as may be computed from the last prior year's operation of said public school system. Schools. Section 35. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have power to pass any and all ordinances or resolutions that they may deem requisite and proper to the peace, security, welfare, health, good government and convenience of said city and to prescribe punishments for the violation of the same, in a fine not exceeding one hundred dollars ($100.00) or imprisonment in the guard house, city prison or other place provided, or compulsory labor on the streets or other public works, not to exceed sixty (60) days, and either one or both of said punishments may be prescribed, or the fine may be imposed with an alternative of said imprisonment or compulsory labor. Said mayor and council shall have power to erect and maintain suitable guard houses, city prisons, or work houses for the confinement and detention of

Page 2112

persons arrested and convicted for the violation of the city ordinances. Ordinances and resolutions. (1) All ordinances before they shall pass shall be read twice and each reading had at separate meetings, regular or special on separate days, and the first reading shall be at a regular meeting of the mayor and council; Provided, that both readings of said ordinance may be had at the first meeting upon unanimous consent of the mayor and council to that effect; provided further, that ordinances or resolutions adversely affecting vested rights, or involving expenditures of money, for purposes other than ordinary current expenses, shall be read twice as above provided, and the rule shall not be suspended. Provided further, it shall not be necessary to publish any ordinance or resolution prior to its adoption. (2) All ordinances and resolutions shall be signed by the mayor or the officer presiding at the time of their passage and countersigned by the city clerk. (3) All ordinances and resolutions shall be in writing and have endorsed thereon the name of the councilman introducing same and the date of its readings. Such ordinances or resolutions shall be numbered and filed away and properly preserved. There shall be kept by the city clerk a regular ordinance and resolution book, in which only ordinances and resolutions, after their passage and adoption, shall be fairly and accurately printed or engrossed, the record of which shall be signed by the mayor or acting mayor or the officers presiding at the time of the passage of the same, and countersigned by the city clerk under the seal of the city; Provided that nothing herein contained shall operate to prevent said mayor and council from adopting such rules and regulations governing the passage and adoption of ordinances and resolutions which do not conflict herewith; and provided further, that nothing contained in this and previous paragraphs shall affect in any manner any existing valid ordinance of said city.

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Section 36. Be it further enacted by the authority aforesaid, that said mayor and council shall have the power and authority to adopt, maintain, and declare of force a code of ordinances, resolutions and rules of said city, which code may consist of and contain such ordinances, resolutions and rules now of force and effect as the mayor and council may deem proper to include therein, or a revision thereof, or of entirely new ordinances, resolutions and rules and may contain such of either as said mayor and council see fit to include therein. And said code shall be subject to amendment or repeal, in whole or in part, at any time; Provided, that in adopting a code it shall not be necessary to read the same twice, or record same nor the ordinances, resolutions and rules therein as in this charter in the previous section providing for the passage and adoption of ordinances and resolutions which said section shall not apply to said code; provided, further, that nothing in this section contained shall render said previous section inoperative relative to ordinances and resolutions adopted subsequent to, or amending said code. City code. Section 37. The Dalton Charter Amendment embodied in the Acts of the General Assembly of 1939, pages 965 and 967 inclusive, authorizing the City of Dalton to pass and enforce zoning and planning laws, is hereby expressly preserved, insofar as it relates to zoning and planning, and the same shall in nowise be affected by the passage and approval of this Act. Zoning and planning. Section 38. The mayor and council shall have authority to establish, continue, and maintain a board of health, exclusively or jointly with Whitfield County, and shall have authority to adopt, enact, establish and maintain all such rules and regulations, not inconsistent with the law and Constitution of this State and of the United States, as they may deem necessary and proper for protecting the health of said city, and from the introduction, generation, and spread, of infectious and contagious diseases therein. Said mayor and council shall have authority to delegate to the board of health of said city or to the health officer or officers thereof, the right to adopt

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and promulgate all such rules as provided for in this section, and when so adopted and promulgated they shall have force and effect as if adopted, enacted and established by the mayor and council, until otherwise provided by ordinance. Said mayor and council shall have authority to fix the term of office and the compensation of the member or members of the board of health or the health officer or officers, and to confer upon them power and duties, not inconsistent with the laws of the State, as the mayor and council may think best. Provided, that, unless otherwise provided by ordinances, the board of health or health officer or officers, provided for in this section, shall have all the powers and duties within the City of Dalton as is conferred by the laws of the State upon the boards of health of the several counties of the State; and the right to visit every portion of the city, and to report to the mayor and council all nuisances which are likely to endanger the health of the said city or any inhabitant. Said mayor and council shall have power, upon report of the said board of health, to cause such nuisance to be abated, and the recommendations of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or owner of the property upon which the same may be located, as the mayor and council may elect, and execution may issue against said party to collect the expenses of removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Health Section 39. The mayor and council shall have authority to enact any and all ordinances, rules and regulations necessary for fire protection of the city; to lay out a fire district in said City of Dalton, and enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stove pipes and flues shall be constructed; to prohibit the use of combustible materials for covering buildings; to change all things that they may deem necessary to protect said city so far as

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possible from danger from fire, and prevent conflagration. They also shall have power and authority to order any change in the construction or arrangement of chimneys, stove pipes, or flues, or the removal thereof, when in their judgment, the same is dngerous, or likely to be so, and make the owner or occupant of the premises pay the expenses of the change, as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building or structure which is not in accordance with the laws or regulations of said city, said mayor and council may order said building or structure removed, and if said person, firm or corporation shall not remove building or structure after notice to do so, then said mayor and council shall have power and authority to remove the same at the expense of the owner, which expense may be collected by execution. Fire protection. Section 40. Be it further enacted that the mayor and council shall have the power and authority to protect all places of divine worship and cemeteries of said city, and to provide one or more cemeteries for the burial of the dead, either within or without said city; to regulate interments therein, and to expend annually a sufficient sum for the proper keeping of said cemetery or cemeteries. They shall have power and authority to prescribe reasonable regulations as to the kind and character of improvements placed on or around cemetery lots, and to protect any and all monuments, tombstones, curbing or other improvements from damage by falling trees, or other cause, and may remove any tree or other object near any lot in the cemetery, that may cause such damage. Churches, cemeteries. Section 41. Be it further enacted, that the mayor and council shall have full and complete control of and authority over the streets, alleys, parks, playgrounds, and sidewalks of the city, and shall have full power and authority to condemn property for the purpose of opening and laying out new streets, sidewalks, parks, playgrounds, and alleys, and for widening, straightening, or otherwise changing the streets, sidewalks, parks, playgrounds,

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or alleys, and grading the streets, sidewalks, parks, playgrounds, and alleys of the city; and whenever the mayor and council shall desire to exercise the power and authority granted in this section, it may be done, whether the land sought to be condemned is in the hands or control of the owner, trustees, executor, administrator, agent, guardian, or other person, in the manner provided by Sections 36-301 et seq., Code of Ga. 1933, and the amendments thereto. Streets, sidewalks, etc. Section 42. The Street Improvement Act of the City of Dalton embodied in the Acts of the General Assembly of 1923, pages 593 to 604 inclusive, is hereby expressly preserved and the same shall in nowise be affected by the passage and approval of this Act. Street Improvement Act. Section 43. The mayor and council of the City of Dalton shall have the power to grade, construct and pave any or all sidewalks within the corporate limits of the City of Dalton at any time when in their judgment they deem it best and may so declare by ordinance or resolution of said mayor and council of the City of Dalton, and they shall have the power to determine what material is best and most suitable and is to be used in making the improvements to the sidewalks aforesaid. Sidewalks. Section 44. The mayor and council shall have power to assess the entire cost of so improving the sidewalks, including curb-stones, against the owners of the property immediately abutting upon said sidewalks so constructed or improved according to the frontage of the property so owned and abutting upon the improved sidewalk. Assessments. Section 45. The amount of assessment on each piece of real estate, as herein provided for, shall be a lien upon such real estate from the date of the commencement of such work. Section 46. Said mayor and council of the City of Dalton shall have the further power to enforce the collection of the cost of so improving or building sidewalks

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by the issuance of executions to be signed by the clerk, bearing teste in the name of the mayor and which shall be levied upon the abutting property by the city marshal and sold as in case of the collection of city taxes and in the same manner as is provided for the collection of street improvement assessments, except said execution shall never be levied upon the improved sidewalk. And the city marshal shall convey the property so sold to the highest bidder by deed, and such sale shall vest the title absolutely in such purchaser, the proceeds of such sale to be applied in payment of the amount due on such execution and the cost of sale, the residue, if any, to be paid over to the owner of said property so sold. Provided, if there should be contesting claims to such residue, by lien or otherwise, said residue to be held by city marshal and paid out on order of the Superior Court of Whitfield County upon proper issues made therein, as in other cases distribution of moneys held by collecting officers, the lien of the assessment to make precedence over all other liens or claims whatsoever, and to be first paid out of the proceeds of such sale. It is provided further, that the right of redemption of property sold under the provisions of this section as provided in Chapter 92 of the Civil Code of Georgia of 1933 shall be preserved. Executions. Section 47. The defendant in such execution shall have the right to file an affidavit, denying the whole or any part of the amount of such execution is due, and stating what amount he admits to be due, which amount admitted to be due shall be paid before the affidavit is received for the balance, and all such affidavits so received shall be returned to the Superior Court of Whitfield County, and tried and the issue determined as in cases of illegality, subject to the penalties prescribed in illegalities for delay. Illegalities. Section 48. In addition to the power and method provided herein for grading, constructing, and paving sidewalks within the corporate limits of the City of Dalton, the mayor and council shall also have the full power and

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authority, in the alternative, to establish, grade, construct and pave sidewalks, under the same provisions as assessments and executions for paving, grading, or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply insofar as they are applicable to constructing and maintaining sidewalks, and may be enforced by the mayor and council by appropriate ordinances. Section 49. Be it further enacted, that the mayor and council of said city shall have full power and authority to establish, construct, and maintain, or permit any person, company or corporation to construct and maintain one or more systems of sewerage and drainage, or parts of such systems, in said city, and around said city, for the health, cleanliness and comfort of its inhabitants; and the said mayor and council shall have entire and absolute control and jurisdiciton over all said pipes; private drains and sewers, water-closets, privies and the like, in said city, with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, and with power also to require change in, or the total discontinuance of any such contrivances or structures already in existence, or that may hereafter be allowed. When any system of sewerage or drainage shall be constructed by the said mayor and council, assessments may be made and executions may issue for the expense thereof, under the same rules and governed by the same provisions as assessments and executions for paving, grading, or improving streets under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply insofar as they are applicable to constructing and maintaining sewers, and may be

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enforced by the mayor and council by appropriate ordinances. Sewerage and drainage. Section 50. In case any sewers, or parts of same, shall be located upon, or through private property, and the owners of said property refuse to grant a right-of-way for that purpose, and such owner and the authorities of said city can not agree upon the damages to be paid for such easement, the damage shall be assessed as in case of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed, notwithstanding the entering of any appeal. Sewer easements. Section 51. For the purpose of the preservation of the health of the inhabitants of said city, the mayor and council is empowered to extend the systems of sewerage or drainage beyond the limits of said city, and the provisions as to the construction and maintenance of such sewerage systems and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said systems. Sewerage system beyond limits. Section 52. The City of Dalton shall have power to condemn lands, right-of-way for sewerage, easements or rights to use streams for sewerage, or property of any kind for any public purpose authorized under the Acts incorporating said city, either within or without the city, using the method of procedure pointed out under the general laws of this State in such cases made and provided; and said city is hereby vested with the power of eminent domain for said purpose. Eminent domain. Provided, however, that all powers, limitations, and restrictions relative to said powers of eminent domain, set forth in Section 2 of an Act of the General Assembly approved March 4, 1955, Georgia Acts, 1955, page 271, shall remain of full force and effect. Section 53. The mayor and council of said city may provide by ordinance for the execution of the provisions

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of these sections regarding sewers, drainage, and sanitation. Section 54. Be it further enacted, that the taxing power of the City of Dalton, except as herein limited, shall be as general, complete, and full as that of the State itself; and said taxes, ad valorem, license, or occupation, shall constitute a lien upon all the property of the taxpayer or the person liable and to take rank and to be enforced as provided by law; and provided further, that said city shall have the right and authority to levy a tax or license fee for the use of the sanitary sewerage system of said city, and the mayor and council may make all rules and regulations concerning the operation of said system, fix the rate or rates of charges for the use of said sewerage system, provide for collection and enforcement of same, or the mayor and council may by resolution delegate all their authority over said system to the water, light and sinking fund commission of said city, who shall operate said sewerage system with the same rights and authority as they operate the water, gas, and electric systems of said city, until otherwise provided by said mayor and council. Tax powers. Section 55. Be it further enacted that for the purpose of raising revenue for the support and maintenance of the city government, the mayor and council of said city shall have full power and authority, and shall prescribe by ordinance for the assessment and collection of an ad valorem tax on all real estate and personal property within the corporate limits of said city, which is subject to taxation according to the laws of the State, said tax not to exceed one and one-fourth percent, upon the value of said property for ordinary current expenses; and for the establishment, maintenance and support of the public schools the mayor and council shall, upon a recommendation by a two-thirds vote of all members of the board of education of said city, levy and collect annually, an ad valorem tax not to exceed 1% of the value of all taxable property of said city; Provided, that the money so collected shall be used only for school

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purposes, as herein provided, and the mayor and council shall pay over said money so collected, and as soon as collected, to the treasurer of the board of education of the City of Dalton. Provided, the Act amending the charter of the City of Dalton approved December 10, 1953, Ga. L. 1953, Nov.-Dec. Sess., pp. 2160-2161, authorizing tax levy for public health and hospital purposes, is hereby expressly preserved. Taxation. Section 56. Be it further enacted that any and all persons owning or holding property of any kind, in any capacity, within the corporate limits of said city, on the first day of January of each year, after the passage and ratification of this Act, shall return the same for taxation, under oath, at any time before April 1, to the clerk of said city, or other officer authorized to receive tax returns for said city. The mayor and council of said city shall cause to be prepared a blank form or schedule for the return of all taxable property, with appropriate blanks and lines for property of every description, subject to taxation under the laws of this State; and each taxpayer and property owner of said city shall fill out said schedule, entering thereon all the property owned or held in any capacity by said taxpayer, of every kind and description, both real and personal. Printed on each blank shall be the following oath, which the person making the return shall subscribe before the officer to whom said returns are made, or before some officer of this State qualified to administer an oath, to wit: I do solemnly swear that the above and foregoing is a true and correct return of all the property, both real and personal, owned or held by me in any capacity whatsoever on the first day of January of the present year, subject to the taxation in the City of Dalton, so help me God. Said tax returns shall, by the city clerk or other officer receiving them, be delivered, or caused to be delivered, to the city tax assessors hereinafter provided for, when they meet to make their assessment. Provided, however, that the mayor and council may by ordinance differentially classify and fix a lower percent of the valuation for the valuation of personal property than for real property. Tax returns.

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Section 57. Be it further enacted that the board of tax assessors of said city, as herein provided for, shall consist of three intelligent, upright, discreet citizens of said city, who shall be chosen by the mayor and council, the term of each tax assessor to be for a period of three years. The present tax assessors of the City of Dalton shall continue in office as tax assessors of the City of Dalton under this charter until the expiration of the term for which they were appointed or until their successors are named and qualified. At the first meeting of the mayor and council in the year 1957, the mayor and council shall elect one tax assessor for a term of three years, one tax assessor for a term of two years, and one tax assessor for a term of one year. Yearly thereafter, at the first regular meeting in January the mayor and council shall elect a city tax assessor for the term of three years. In case of a vacancy on said board, said council may cause said vacancy to be filled by election by the mayor and council at any time. In case said election for such assessor or assessors does not occur at the prescribed time, said mayor and council may elect said assessors at any time subsequent to said time. Said city tax assessors may at any time be removed from office by the mayor and council for any good and sufficient cause, to be judged of by said mayor and council. It shall be the duty of said tax assessors to assess the value of the real estate and personal property in said city for the purpose of taxation by said city, and it shall be their duty to examine the tax returns placed before them by the officer receiving the same, and increase the value of the real estate or personal property when, in their judgment, the value placed thereon by the taxpayer is too small. The mayor and council shall have authority to prescribe rules for the government of said city tax assessors. Said assessors shall make a return of their work within thirty days after the tax returns are turned over to them: Provided, that the mayor and council may, if they see fit, extend the time in which said tax assessors shall have to make their returns. When said returns are made, said assessors shall appoint a time and place for hearing objections to their assessments,

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and the clerk of said city shall give notice to each party whose tax returns have been raised, ten days before the said hearing, stating the time of hearing and the increase so made by said assessors. This notice may be served personally on said taxpayer by the marshal or policemen of said city, or mailed to said person to his last known address, with postage prepaid. Said mayor and council shall have power and authority to provide, by ordinance, for assessing all property, both real and personal, not returned for taxation, and for adding to the tax a penalty not to exceed 25 percent. The city tax assessors shall take such oath and receive such pay as the mayor and council may prescribe. Said city tax assessors shall have power to require any taxpayer to furnish them an inventory of all personal property when, in thir opinion, their production is necessary for a correct assessment. The mayor and council may prescribe penalties for such person so refusing to furnish such list when so required by said tax assessors, said punishment not to exceed fifty days in the guard house, or work on the city streets, or a fine of two hundred ($200.00) dollars; any one or all of these may be assessed against such offenders. Tax assessors. Assessments. Section 58. Be it further enacted, that the mayor and council of said city shall have full power and authority to require any person, firm, company or corporation engaged in or carrying on, or who may engage in or carry on, prosecute or have any trade, business, calling, vocation, profession or avocation, within the corporate limits of said city, to register their names and business, calling, vocation, profession, or avocation, before beginning or carrying on said business, calling, avocation, profession, or avocation, and require such person, firm, company or corporation to pay such fee for said registration as said mayor and council may prescribe. Said mayor and council shall have the right and power to prescribe, by ordinance, such penalty or penalties for the violation of this section as they may see proper, not exceeding the punishment as prescribed elsewhere in this charter. Registration of businesses. Section 59. Be it further enacted, that said mayor and

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council shall have the power to classify and arrange the various business, trades, callings, vocations, professions and avocations carried on in said city into such classes for taxation as they may see fit. The said mayor and council may, if they see fit, collect the amount that may be due said city for special licenses or special taxes in the same manner as other taxes are collected; this in addition to assessing the penalty as elsewhere prescribed in this charter. Licenses, etc. Section 60. Be it further enacted, that the mayor and council shall have full power and authority to license or refuse to license billiard tables, tenpin alleys, pinball machines, and all like contrivances, and pool tables kept and used in said city. Amusements. Section 61. Be it further enacted, that the mayor and council shall have full power and authority to pass such ordinances as they may think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions, and prescribe what amounts shall be paid for such licenses. Same. Section 62. Be it further enacted, that in all cases where the mayor and council shall be authorized under this Act or under the law of Georgia to license or not to license any particular business under its police power and within their discretion, they shall be authorized to levy a sales, admissions, use or other tax upon such business, either in lieu of or in addition to a license tax. Taxation. Section 63. The clerk of said city shall open his books for registration to the voters of said city at all times, provided that no voter shall be eligible to vote who shall not have registered 30 days prior to any regular election or 10 days prior to any special election. The city clerk shall procure a book in which he shall enter the names of all voters who register, which book shall at all times be open to the inspection of the public. He shall also procure blanks containing the oath to be subscribed by persons entitled to register which shall be as follows:

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I do swear, or affirm, that I am a citizen of the United States; that I am at least 18 years of age, or will be on the.....day of.....of this calendar year; that I have resided in this State for one year; and in this county for six months immediately preceding the date of this oath, or will have so resided on the.....day of.....of this calendar year; that I possess the qualifications of an elector required by the Constitution; and that I am not disfranchised from voting by reason of any offense committed against the laws of the State. I further swear that I have resided in the City of Dalton for three months immediately preceding the date of this oath, or will have so resided on the second Wednesday of December. I have resided in the.....Ward of said city for two months, or will have so resided in said ward the greater portion of said time on the second Wednesday of December. The blank shall be filled out and subscribed and sworn to before the clerk of said city, who is empowered to administer and attest the oath. Registration of voters. Section 64. It shall be the duty of the clerk of said city to deliver said book of registrations and oaths from which same is compiled to the registrars in due time for the performance of their duties in revising same as hereinafter enumerated; and said registrars shall redeliver same to the clerk after the completion of their work. Section 65. At the city elections all citizens of said city who have resided within the corporate limits for three months immediately before the election, and who may be entitled to vote for members of the General Assembly of this State, and who shall have been registered by the clerk, and whose names appear on the registration lists as revised by the registrars for said election, both as hereinafter prescribed, shall be eligible to vote at said election. Eligible voters. Section 66. Any person who shall register illegally under the provisions of this charter shall be guilty of a misdemeanor, and be punished as provided by the Penal

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Code of the State of Georgia for such offenses, and should any clerk of said city, or registrar, wilfully refuse to allow anyone to register when said person is lawfully entitled to do so, or should illegally and wilfully erase any name from said list, then such clerk or registrar shall be guilty of a misdemeanor and be punished as such. Violations. Section 67. At the first regular meeting after the passage and ratification of this Act, and at the first meeting after January 1 of each year thereafter, the mayor and council shall elect by ballot five (5) registrars for said city, consisting of a chairman from the city at large and one member from each ward in the city. It shall be the duty of said registrars to supervise the registration of voters of said city. The registrars shall be upright and intelligent persons of said city, who are entitled to register and vote in the next ensuing city election, and shall be non-partisan as far as possible. No registrar shall be a candidate for mayor or councilman or for any office under them during his term of office. Registrars. Section 68. Before entering upon the performance of their duties, the registrars shall take the following oath of office: I do solemnly swear that I will faithfully and impartially perform the duties imposed by law upon me as registrar to the best of my ability and without favor to anyone, which oath shall be subscribed and sworn to and shall be filed with the clerk of the city and entered upon his minutes. Their oath. Section 69. It shall be the duty of the registrars to hear complaints of anyone who has been refused registration, and to hear complaints as to those who have illegally registered, and said registrars shall hear evidence and determine whether said registration was wrongfully refused, or was illegally allowed, and shall cause to be stricken registrations which are held to be illegal, and shall allow the registration of persons who have applied in due time and been wrongfully refused the right of registration. All sessions and hearings by

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said registrars shall be held in public in the regular council chambers where meetings of the mayor and council are regularly held. Said registrars may, on their own motion, review the list of qualified voters as turned over to them by the clerk as hereinbefore provided for, and may revise same by striking therefrom names illegally registered, so as to leave no one on said list who is not entitled to register. No person residing within the city shall be stricken from the list by the registrars on their own motion or on complaint of anyone except after due hearing as herein provided, after five days' notice to the person who it is claimed is illegally registered, which notice shall be sufficient when mailed properly stamped to the last known address of such person. Duties. Section 70. When the registration list has been revised by the registrars, they shall carefully and plainly make or cause to be made three alphabetical lists exactly the same for each ward, and shall certify to the correctness of such lists, and dates, and sign each. One copy shall be kept by the clerk of said city for the inspection of all parties, and the others shall be securely sealed, marked and signed on the outside, and shall be kept by the clerk in a secure place until the morning of the ensuing election day, when they shall be delivered to the election managers for use at the polls. Voters' lists. Section 71. Any qualified voter of the City of Dalton who desires to become a candidate for any elective office in said city shall qualify with the mayor at least 15 days prior to a regular election and 10 days prior to a special election. The prospective candidate shall sign in the presence of the mayor a notice of his candidacy as follows: Candidates. I,....., a resident of the.....Ward and a registered voter of the City of Dalton, am a candidate for the office of....., in the city election to be held on...... Section 72. All city elections shall be held by registered

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and qualified voters of the City of Dalton named by the mayor as election managers. The mayor shall name, from the list of voters certified by the board of registrars for the election to be held, three election managers for each polling place, and each of said managers before entering on his duties shall take and subscribe before some officer qualified to administer an oath, or before each other, the following oath: Election managers. We, and each of us, do solemnly swear that we will faithfully and impartially conduct this election and prevent all illegal voting to the best of our skill and power, so help us God. Section 73. The polls at all city elections shall open at seven A. M. and close at six P. M., standard time. The persons receiving the highest number of votes for the respective offices shall be declared elected. Should election fail by reason of a tie vote, another election shall be held within ten days, at which election only the candidates tieing shall be eligible as candidates. In all city elections, election managers shall certify two lists of voters and two tally sheets, and shall place one list of said voters and one of said tally sheets in the ballot box, together with the ballots cast at said election, and seal the same, and shall forthwith deliver the same to the Ordinary of Whitfield County. The other tally sheet and list of voters, together with certificate showing the results of said election, signed by said managers, shall be placed in a package and sealed, and forthwith delivered to the clerk of said city, who shall safely keep the same, and at the first regular meeting of the mayor and council occurring three days after said election, deliver said package to said mayor and council, who shall open the same and declare the results, if no notice of contest has been given. If notice of contest has been given, then all other proceedings shall be postponed until the contest shall have been decided. If the result of any election held in said city is contested, notice of such contest shall be filed with the Ordinary of Whitfield County within three days after said election, setting forth all the grounds

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of contest, and upon the payment of a fee of ten dollars in advance to said ordinary, the said ordinary shall, within two days after he receives the same, cause a copy of said notice to be served by the sheriff of said county, or his deputy, on the contestee, if said contest is for an office, and if the result of any election in which any question is submitted is contested, then said ordinary shall cause notice to be served on the mayor of the city, and published one time in the official organ of said city, or if there be no official organ, then the notice to be published one time in a newspaper published in said city. Said ordinary shall fix the time of hearing the contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contestor shall pay the sheriff or his deputy two dollars in advance for serving notice of contest. All contests shall be heard at the courthouse of Whitfield County. Said ordinary is authorized to hear and determine contests, and the losing party shall pay all costs, for which said ordinary is authorized to give judgment and issue execution. Elections. Section 75. In all city elections as at present fixed by law and as herein fixed, each voter shall cast his ballot at a polling place provided in his own ward, and all restrictions and safeguards now thrown by law around the holding of elections in said city shall continue to exist; and it is further enacted that in providing polling places in said wards, such polling places shall not be located within less than two hundred yards of each other. Where any person resides on the line between two wards, he shall be allowed to select the ward in which he votes, and he shall not change such selection without consent of the registrars. Election regulations. Section 76. It shall be unlawful for any person to loiter or remain within fifty feet of any polling place where an election is being held for officers of said city, excepting election clerks, managers, State, county or municipal officers called in by the election managers to preserve order, and persons passing along the street on legitimate business.

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Section 77. Any person who shall vote more than once at any city election, or contrary to the provisions of this Act, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the common jail of Whitfield County for a period not exceeding six months. Illegal voting. Section 78. Before entering upon the duties of any city office, the person elected thereto shall take and subscribe the following oath: I,....., do solemnly swear that I will, to the best of my ability, discharge the duties of..... for the City of Dalton, during my continuance in office, so help me God. Any person authorized by law, or the acting mayor of said city, may administer said oath. Officers' oath. Section 79. Sections 15, 17, 19, 20, 21, 23, 24, 25, 26 and 28 of an Act approved February 12, 1945 (Ga. L. 1945, page 593), amending the charter of the City of Dalton and Sections 16 and 18 as amended by an Act amending the same approved February 8, 1950 (Ga. L. 1949-1950, p. 2264), creating and establishing a pension system for police officers and firemen of said city and providing funds for the aid, relief of and pensions to said employees, providing for retirement, fixing the amount of pensions, creating a pension fund from taxes levied on the salaries of police officers and firemen, and requiring the city to contribute thereto from its general fund, providing for payment of pensions from said funds, the investment thereof, and establishing a civil service commission for the administration of said pension fund, is hereby retained insofar as the same applies to police officers and firemen of said city so employed as of the date of the ratification of this Act by the voters of the City of Dalton, and police officers and firemen then retired under the provisions of said Pension Acts of 1945 and 1950 above referred to, except as hereinafter provided. Pension system. (a) The civil service commission of said city as provided in said pension Acts is hereby abolished, and all of the functions of said commission relating to the administration

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of said pension fund shall be performed by the clerk of said city, and all the powers and authority over said pension fund invested in said civil service commission by said Acts shall be in the clerk of said city. (b) Said pension and retirement system shall be applicable only to those persons employed as police officers and firemen of said city as of the date of the ratification of this Act by the voters of the City of Dalton, and such former police officers and firemen as have then been retired under the provisions of the pension Acts of 1945 and 1950 above referred to, and are receiving benefits thereunder. No person whose employment or re-employment by said city as a police officer or fireman which shall begin after the ratification and approval of this Act by the voters of the City of Dalton shall be entitled to any pension or other benefit hereunder, nor shall be required to make any contribution to said pension fund by tax upon his salary or otherwise, and no contribution shall be made to said fund by the city on behalf of such new employee. (c) Any police officer or fireman employed by said city as of the date of the ratification of this Act by the voters of said city may voluntarily withdraw his total contribution to said pension fund collected by a tax levied upon his salary by making written application to the mayor and council of said city, and said city shall pay to such police officer or fireman out of said pension fund the total of his contributions to said fund upon the execution of a release by said police officer or fireman in such form as may be prescribed by the mayor and council; and upon the withdrawal of said contributions such police officer or fireman shall be entitled to no further benefits under the provisions of said pension Acts of 1945 and 1950, above referred to, and shall thereafter be ineligible to again make contributions to, or receive any benefit or pension under said pension Acts, and upon the election of said police officer or fireman to withdraw his contributions to said pension fund, no tax shall thereafter be levied upon his salary.

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(d) Should said pension fund become exhausted, then such police officers or firemen as have been retired under the provisions of said pension Acts of 1945 and 1950, and are receiving pensions thereunder, as of the date of the ratification of this Act by the voters of the City of Dalton, shall be paid the pensions provided by said pension Acts out of the general fund of said city. (e) That on behalf of any police officer or fireman of said city employed as such as of the date of the ratification of this Act who shall elect to withdraw his contributions to said pension fund as above provided, and any police officer or fireman whose employment or re-employment shall begin after the date of the ratification of this Act by the voters of the City of Dalton, and who shall qualify for benefits under the Georgia Firemen's Pension Fund or the Peace Officers' Annuity and Benefit Fund of Georgia, the mayor and council of said city may make monthly contributions to said State funds equal to two percent (2%) of the salary paid said police officer or fireman, from the general fund of said city. Section 80. Be it further enacted by the authority aforesaid that before the provisions of this Act shall go into effect the same shall be ratified by the qualified voters of the City of Dalton at a special election to be held not less than thirty days nor more than ninety days from the date of the approval of this Act. Said election to be held under the same rules, regulations and requirements as now exist for the holding of special city elections. In voting on the ratification of this Act as herein provided, those who were registered and qualified voters in the city election of 1955 for the choice of councilmen under the present city charter shall be deemed registered and qualified voters for said special election, unless disqualified by residence requirements, and they shall not be required to register again in order to vote in said election. Those who did not register and qualify for said election in 1955 shall be permitted to register and qualify for said special election after the manner and method now provided in the present charter of the City of Dalton

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for registration in special elections. It shall be mandatory on the mayor and council of the City of Dalton to call said election within the time above specified, and they shall furnish to the voters ballots that shall have printed thereon For ratification of the Act to establish a mayor and council-city manager form of government, and Against ratification of the Act to establish a mayor and council-city manager form of government. If a majority of those voting in said election shall vote for ratification, this Act shall take effect immediately. The returns of said election, after the managers have consolidated the same, shall be made to the mayor and council of the City of Dalton who shall declare the results of said elections. Referendum. Section 81. Be it further enacted that in event any clause or clauses of this Act shall be held unconstitutional or invalid by the courts of this State, such holding shall not invalidate any other portion of this Act, but shall affect only that part or clause or clauses held invalid. Section 82. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 13, 1956. COLBERT CHARTER AMENDED. No. 44 (House Bill No. 109). An Act to amend an Act creating a new charter for the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417), so as to change the term of office for the councilmen of Colbert; to change the hours of voting in said city; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating a new city charter for the City of Colbert, approved February 14, 1950 (Ga. L. 1950, p. 2417) is hereby amended by striking in its entirety the first sentence of Section 7 which reads as follows: That on the first Wednesday in December of each year an election shall be held in said city for mayor and councilmen, for the succeeding year. and inserting in lieu thereof the sentences: That on the first Wednesday in December of each year an election shall be held in said city for mayor for the succeeding year. That on the first Wednesday of December, 1956, there shall be an election for two councilmen for terms of two years and for two councilmen for terms of one year. At the expiration of the term of said councilmen their successors shall be elected for a term of two years on the first Wednesday in December as their terms shall expire. In the said election to be held on the first Wednesday in December, 1956, the two councilmen receiving the highest number of votes shall be declared elected for a term of two years. The two councilmen receiving the next highest number of votes shall be declared elected for a term of one year. so that said Section 7 when so amended shall read as follows: Sec. 7, Act of 1950, amended. Section 7. That on the first Wednesday in December of each year an election shall be held in said city for mayor for the succeeding year. That on the first Wednesday of December, 1956, there shall be an election for two councilmen for terms of two years and for two councilmen for terms of one year. At the expiration of the term of said councilmen their successors shall be elected for a term of two years on the first Wednesday in December as their terms shall expire. In the said election to be held on the first Wednesday in December, 1956, the two councilmen receiving the highest number of votes shall be declared elected for a term of two years. The two councilmen receiving the next highest number of votes shall be declared elected for a term of one year. On the first Monday in January after said election the

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newly elected mayor and councilmen elect shall meet in the city hall or other designated place in said city and then and there severally take, before some officer authorized to administer oaths under the laws of Georgia, the following oath of office, to wit: `I do solemnly swear that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Colbert for the ensuing term, and that I will faithfully enforce the ordinances of said city to the best of my skill and ability, without fear or favor; so help me God.' Should the mayor or any councilman be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings, as the business of the city may require, which special or called meetings, shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen, in the case of vacancies in the council and by the councilmen in the case of a vacancy in the office of mayor, and persons so elected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Election of mayor and councilmen. Section 2. Said Act is further amended by striking the figure 4:00 in line 23 of Section 9 and inserting in lieu thereof the figure 6:00 so that said Section 9 when so amended shall read as follows: Section 9. Be it further enacted, that the elections held under this charter and all elections in which any subject or question is submitted to the qualified voters of said City of Colbert shall be managed by three managers, whom the city council are authorized to designate, and any citizen of said city is eligible to be a manager of an election for members of the General Assembly, and may act as manager of said city election, and said managers,

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before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power; so help me God.' Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at said city hall or other designated place for the holding of any election. The polls shall be opened at 1:00 o'clock p.m., and close at 6:00 p. m. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any election and of any clerk that may be necessary in holding any election for their services in holding such an election, but such pay or compensation shall not exceed the sum two dollars per day for each such manager or clerk. Elections. Hours. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Madison. Before me, a notary public in and for said State and county, personally appeared Jere C. Ayers, who being duly sworn, deposes and says that he is the publisher of The Danielsville Monitor, a legal weekly newspaper published at Danielsville, Georgia, in the County of Madison, and that this notice, a true copy of which is attached hereto, was published once a week for four consecutive

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weeks, as follows: December 9, 1955; December 16, 1955; December 23, 1955; and December 30, 1955. /s/ Jere C. Ayers Jere C. Ayers, Publisher, The Danielsville Monitor. Sworn to and subscribed before me, this the 6th day of Jan., 1956. /s/ J. Hoke David My Commission expires: Sept. 5, 1956. (Seal) Notice. To Whom It May Concern: There will be introduced in the General Assembly of Georgia, at the January Session, 1956, an Act to amend the Act incorporating the City of Colbert, in Madison County, Georgia, so that when said Act is amended it will change the hours for holding election from the present 1 P. M. to 4 P. M. to the hours of 1 P. M. to 6 P. M. and; to change the length of term of office of councilmen from 1 year to 2 years, with two councilmen being elected each year for a 2 year term of office. This December 7th, 1955. E. A. Elder, Mayor, Joe Benton, Howard Wood, H. F. Gaulding, Clerk, Members of City Council, City of Colbert. Approved February 13, 1956.

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RABUN COUNTYTAX COMMISSIONER'S CLERK. No. 47 (House Bill No. 41). An Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2308), so as to provide funds for paying clerical employees; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: An Act consolidating the offices of Tax Receiver and Tax Collector of Rabun County into the office of Tax Commissioner of Rabun County, approved December 12, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2308), is hereby amended by striking Section 4 of said Act in its entirety and inserting in lieu thereof the following new Section 4 to read as follows: Section 4. The tax commissioner shall receive as compensation the sum of forty-eight hundred dollars ($4,800.00) per annum, payable monthly from the general funds of Rabun County. The tax commissioner is authorized to employ any clerical personnel to aid him in the performance of the duties of his office as in his discretion he may deem necessary and proper, and said clerical personnel shall be paid by said tax commissioner from a fund of twelve hundred dollars ($1,200.00) to be furnished each year by the County of Rabun to said commissioner for the exclusive purpose of paying said clerical help. All fees, costs and commissions now or hereafter allowed by law to the tax receiver and tax collector for receiving and collecting taxes for the State and political subdivisions thereof shall be collected by the said tax commissioner, and all such funds so collected shall be paid into the general funds of Rabun County. Compensation of commissioner and clerical help.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation There will be introduced at the next session of the General Assembly of Georgia convening on January 9, 1956, an amendment to the law which created the office of the Rabun County Tax Commissioner which will, in effect will allow said tax commissioner the additional sum of $1,200.00 per annum for the compensation of a clerk in said office. This the 14th day of December, 1955. Paul A. Green. Representative, Rabun County, Ga. Georgia, Rabun County. I do hereby certify that I, Robert Edward Barker, am editor and publisher of the Clayton Tribune, official organ of Rabun County in which all sheriff's advertisements are published for said county. I further certify that the above notice of local legislation was published in said Clayton Tribune in the December 15, December 22 and December 29 issues. /s/ Robert Edward Barker Editor Publisher Sworn to and subscribed before me this the 27th day of December 1955. /s/ M. L. Harper Notary Public (M. L. Harper) Approved February 13, 1956.

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WEST POINT CHARTER AMENDED. No. 48 (House Bill No.160). An Act to amend an Act entitled, An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900, (Ga. L. 1900, p. 474), as amended, by striking and repealing Sections 15, 19 and 20 of said Act and adopting and inserting in lieu thereof new sections to be known as Sections 15, 19 and 20 to provide for the levy and collection of a license tax for business occupations, trades, professions and vocations and for the right of granting or not granting license to theatrical companies or performances or for shows or for other exhibitions, and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That an Act entitled, An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900, (Ga. L. 1900, p. 474), as amended, is hereby amended by striking and repealing Sections 15, 19 and 20 of said Act and adopting and inserting in lieu thereof new sections to be known as Sections 15, 19, and 20, and to read respectively, as follows, to wit: Section 15. Be it further enacted, that said mayor and aldermen shall have full power and authority to require any persons or firm, company or corporation, whether non-resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such

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amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Licenses. Section 19. Be it further enacted, that said mayor, and aldermen shall have full power and authority to license or refuse to license billiard tables and ten-pin alleys and all billiard tables kept or used for the purpose of playing, gaming or renting, and all ten-pin alleys, nine-pin alleys, or alleys of any kind which are kept or used for the purpose of playing on with pins or balls, or either, for the purpose of renting the same, and charge for said license. Amusements. Section 20. Be it further enacted, that said mayor and aldermen shall have power and authority to pass such ordinances, as they may think proper in regard to granting or not granting licenses to theatrical companies or performances, or for shows or other exhibitions. Section 2. That all laws or part of laws in conflict with the provisions of this Act be, and the same are, hereby repealed. Section 3. Be it further enacted, that the General Assembly finds that the provisions of law pertaining to intention to apply for this legislation (Code Section 2-1915) have been complied with. Georgia, Troup County. Before me personally appeared Roy C. Swank who being duly sworn, deposes and says that he is the publisher of The LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange in Troup County, Georgia. It is the newspaper in which is

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published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Legal Advertisements. Legal No. 6710 Dec. 31, Jan. 6, 13. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the 1956 session thereof, which convenes on January 9, 1956, local legislation to amend an Act entitled An Act to create a new charter for the City of West Point, in the County of Troup, approved December 13, 1900 (Ga. L. 1900 p. 474) and all Acts amendatory thereof, particularly Sections 15, 19 and 20 of said Act of 1900. This notice of intention to apply for local legislation is given in conformity with the provisions of the Constitution of this State, Code Section 2-1915. This December 30, 1955. J.C. Barrow, Mayor, City of West Point, Georgia. has been published in said LaGrange Daily News, towit: December 31, 1955, January 6, 1956, and January 13, 1956, being three (3) publications of said notice and petition, issued on dates aforesaid respectively. /s/ Roy C. Swank Sworn to and subscribed before me, this 13th day of Jan., 1956. /s/ Louise Bagley Notary Public My commission expires: July 10, 1957. Seal Approved February 13, 1956.

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MACON CHARTER AMENDED. No. 51 (House Bill No. 76). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to repeal Section 56 of said Act of 1927, as amended, relating to the supervision and control of the police department and the fire department; to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the

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Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts be, and the same are hereby further amended by repealing Section 56 of said Act of 1927, as amended, relating to the supervision and control of the police department and the fire department of the City of Macon, and re-enacting in lieu thereof a new Section 56 relating to the same subject matter, and which shall read as follows: Section 56. DepartmentsHow controlled. The police department shall be under the immediate supervision and control of the police committee of council and the fire department under the immediate supervision and control of the fire committee of council. In the discretion of the mayor, such committees may be constituted and function separately or may be consolidated into a joint committee. In the event separate committees are determined upon, each of said committees shall consist of five members of council, appointed by the mayor. In the event a joint committee shall be determined upon, it shall consist of seven members of council, appointed by the mayor, but one of such members shall be designated as the fire committee chairman and another as the police committee chairman. Police and fire departments. Section 2. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below

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appeared in the Macon News once a week for 3 consecutive weeks, towit: on the 23rd and 30th of December, 1955 and on January 6, 1956, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisement of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna Andrew W. McKenna Sworn to and subscribed before me this 11 day of January, 1956. /s/ Janette Hirsch Notary Public, Fulton County, Ga. (Seal) Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1956 session of the General Assembly which convenes on Monday, January 9, 1956 to amend the charter of the City of Macon in the following respects: (1) By repealing Section 2 of said charter as amended relating to the corporate limits of the City of Macon and re-enacting in lieu thereof a new section to be known as Section 2 defining the corporate limits of the City of Macon; (2) To amend Section 17 of the said charter as amended relating to the challenge of voters by striking therefrom the hyphenated word twenty-one where it appears in said section and inserting in lieu thereof the word eighteen; (3) To amend Section 22 of said charter as amended relating to the mayor pro tem. so as to provide that he shall serve during the absence from the city or temporary disability of the mayor;

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(4) To repeal Section 33 of said charter as amended relating to the filling of vacancies among members of council, and re-enact a new section to be known as Section 33 providing for the filling of a vacancy in the office of the mayor, and for the filling of vacancies among the members of council; (5) To repeal Section 41 of said charter as amended relating to the duties of city attorney, city recorder and other officers, and to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; (6) To repeal Section 56 of said charter as amended relating to the supervision and control of the police department and the fire department and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter; (7) To repeal Subsection (z) of Section 70 of said charter as amended relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund, and to re-enact in lieu thereof a new Subsection (z) of Section 70 relating to the same subject matter; (8) To repeal Section III of said charter as amended relating to the condemnation of land by the city and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter. The City of Macon will also apply for the passage of local legislation at said session to vest title in the City of Macon, its successors and assigns, to a certain portion of Pine Street in Square 74 located in said city and to authorize said city to close, vacate and abandon the portion of Pine Street involved.

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This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 22nd day of December, 1955. C. Cloud Morgan, City Attorney. Approved February 13, 1956. TIGNALL CHARTER. No. 52 (House Bill No. 32) An Act to grant a new charter to the Town of Tignall, Wilkes County, Georgia, by re-incorporating the same so that the name of the new corporation shall be the Town of Tignall, Georgia; to repeal the Act of the General Assembly of Georgia incorporating the Town of Tignall, in the County of Wilkes, State of Georgia, approved August 22, 1907 (Ga. L. 1907, p. 950 et seq.); to repeal the Act of the General Assembly of Georgia approved July 27, 1914 (Ga. L. 1914 p. 1206 et seq.) amending the Act approved August 22, 1907 incorporating the Town of Tignall, in Wilkes County, Georgia, increasing the tax rate; to repeal the Act of the General Assembly of Georgia approved July 26, 1916 (Ga. L. 1916 p. 992 et seq.) amending the Act approved August 22, 1907, incorporating the Town of Tignall, Wilkes County, Georgia, authorizing the issuance of bonds for public improvements; to define and set out the corporate limits of the Town of Tignall, Georgia; to provide for the vesting of the municipal government in a mayor and five councilmen and to define their qualifications, manner of election, filling of vacancies and their rights, powers and duties; to provide that the Town of Tignall, Georgia may acquire and hold property, make contracts and sue and be sued, and to provide for the manner of service of legal process to

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provide that the present mayor and council shall hold office until their term expires, and their successors elected and qualified; to provide a system for the qualification and registration of voters in the Town of Tignall, Georgia, and for the management and holding of elections therein; to provide for the employment and pay of clerk, town marshal, chief of police and assistants, to state their qualifications, provide for their giving bond, and to define their rights, powers and duties; to provide for the assessment, issuance, service and collection of any fi. fa., execution or other writ or process issued by the officials of the municipality for any ad valorem, special assessment, business or license tax, or other assessment, fine, penalty or charge; to provide for the appointment of a city phyician, city attorney and assistants; to provide for the appointment and pay of a board of tax assessors, to prescribe their qualifications, powers, duties, terms of office and manner of filling vacancies; to provide for a time and method of assessing real, personal and all other property located in the municipality not otherwise exempt by law for ad valorem taxes by said board, and to provide for appeals from their decision; to provide for the issuance of fi. fas. or executions for any unpaid or delinquent tax, ad valorem, special assessment, business or license tax, for the levy of same and sales of under such levy; to provide a time and place of all meetings of the mayor and council, the method of voting and to fix a quorum for such meetings; to provide for the infliction of a fine or penalty for the violation of any ordinance, resolution, rule or regulation of the mayor and council of the Town of Tignall, Georgia, or of any official, board or body appointed by said mayor and council; to provide for the appointment of a mayor pro tem. and to define his rights, powers and duties; to provide for the appointment of a recorder, and to define his rights, powers and duties; to determine how offenders shall be tried and the manner of appeal that may be entered from the recorder's decision; to provide that the mayor or mayor pro tem. of the Town of Tignall, Georgia shall serve

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in the place of a recorder if none is appointed; to provide for the giving of and the forfeiture of any bond or cash given in lieu of bond in the recorder's court; to provide for the assessment, levy and collection in each and every year by the mayor and council, of a tax for the ordinary current expenses of the Town of Tignall, Georgia, not to exceed two (2%) percent of the fair market value of all real estate, personal property and every other species of property located within the corporate limits of the municipality, not otherwise exempted by law; to provide for the classification, registration, payment and collection of a business or license tax in each and every year from every person, firm or corporation engaged in any business, trade, profession, vocation or calling within the corporate limits of the Town of Tignall, Georgia, and to provide penalties for any violations thereof; to provide that the mayor and council shall have the right to grant a license to or refuse to grant a license to persons, firms, or corporations conducting any trade, business, profession, vocation or calling in said municipality or storing certain articles therein; to provide a penalty by fine, imprisonment, either or both, for any person, firm or corporation engaged in any business, profession, vocation, trade or calling without registering and obtaining a license; to provide a method of collection of any such business or license tax; to provide for the exemption of persons selling country produce; to provide for the time of classifying and fixing a license or registration fee for the various classes of businesses, trades, professions, vocations or callings, and for the time of payment; to provide for the registration and licensing of any temporary operation of a business, trade, profession, vocation or calling; to provide against the running at large of any domestic animal upon the public places of the municipality, and for the keeping and impounding of the same; to provide for the keeping, taxing, muzzling and inoculation of dogs, and for the destruction of any dangerous or diseased dog or animal running at large; to provide for the prohibition and removal of any encroachment, obstruction or

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nuisance on any street, sidewalk or other public place in said municipality, and the abatement of a nuisance on any private property; to define the authority, powers and rights of the mayor and council over the sidewalks, roads, streets, lanes, alleys, squares, public places and places of public amusement or recreation in said municipality; to provide a method of paving or improving any sidewalk, street, lane, road, alley or other public place in said municipality, for the assessment of the cost thereof, and the manner in which such assessment may be enforced or collected; and the rank of the lien of such assessment; to provide that such work or improvement may be done by contract let at public or private bid, or by the municipality itself; to provide for the filing and trial of an affidavit of illegality by the property owner or owners to the levy of any fi. fa. or execution for such assessment; to provide for the assessment of utilities for paving or improving of streets, roads, lanes, alleys or other public places used by them; to provide for the exercise of eminent domain for the condemnation of property, rights or easements located either within or without the corporate limits, necessary for the purposes of the Town of Tignall, Georgia, for the payment of compensation to the owner or owners, and the method of condemnation of such property, rights or easements; to provide for the establishment, erection, improvement, equipment and maintenance of any existing or new gas, waterworks, sewerage disposal, electrict light or power plant or other utility necessary for the uses of the municipality; to provide that no provisions of this Act shall conflict with the establishment of the present waterworks system of the Town of Tignall, Georgia, nor amount to the assumption of any liability connected therewith; to define the rights, powers and authority of the mayor and council in regard to the connection of any water mains, gas or sewer mains, or other mains, pipes or drains; to define the rights and powers of the mayor and council over all surface wells, dry wells, cesspools and pits for garbage disposal in said municipality; to provide for a

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system of fire protection, creation of fire districts, and the enactment of regulations to lower hazards from fire; to provide for the storage of articles dangerous to life or property; to provide a method of granting building permits, and to provide for the zoning and districting of the Town of Tignall, Georgia; to provide for the acquisition, upkeep, and control of public parks, playgrounds, cemeteries or burial grounds, swimming pools and places of public amusement or recreation; to provide a system of honest weights and measures; to provide for the establishment of a board of health and to define its powers and duties; to provide for the granting of franchises to persons, firms and corporations, and to define how the same shall be exercised; to provide for the regulation of public carriers for hire, to provide for cooperation of the municipality with the terms of the Urban Development Act of the General Assembly of Georgia and for acquisition, construction, maintenance, improvement and upkeep of any slum clearance, low cost housing or other projects or public improvement necessary to the public health, prosperity and development of the community; to provide for the employment and pay of a city engineer and assistants and to prescribe their duties; to provide for the removal and trimming of trees and shrubs in the municipality; to provide for the making of contracts as provided by law with any other city, town, or county of this State, with the State of Georgia, the United States of America or with any agency or department thereof, for the care of the indigent sick; to authorize compliance with the Revenue Certificate Law of 1937 and all amendments thereto as enacted by the General Assembly of Georgia; to provide for incurring and payment of temporary loans as provided by the laws of Georgia; to provide for the issuance of bonds for public improvements, the manner of calling an election therefor, to provide for the levy of a tax to discharge the principal and interest of such bonds, to provide for a sinking fund and for the validation of such bonds; to provide for the funding of the bonded indebtedness of

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the municipality; to provide that the Town of Tignall, Georgia shall be authorized to enter into any contract, obligation or agreement as provided by law, with the State of Georgia, any subdivision or agency thereof, and with the United States of America or any agency or department thereof, for the promotion of the welfare, improvement, health and prosperity of the community; to provide that in the event any part of this Act shall be declared illegal by a court of competent jurisdiction, that no other part of the same shall be affected; to repeal all laws and parts of laws in conflict herewith and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia incorporating the Town of Tignall in Wilkes County, Georgia approved August 22, 1907 (Ga. L. 1907, p. 950 et seq.); the Act of the General Assembly of Georgia amending the charter of the Town of Tignall, Wilkes County, Georgia, increasing the taxing power as approved July 27, 1914 (Ga. L. 1914, p. 1206 et seq.); the Act of the General Assembly of Georgia amending the charter of the Town of Tignall, Wilkes County, Georgia authorizing the issuance of bonds for public improvements as approved July 26, 1916 (Ga. L. 1916, p. 992 et seq.), and all other laws heretofore passed with reference to the incorporation of the Town of Tignall, Wilkes County, Georgia, or any amendments thereto, that are in conflict with this Act, be, and they hereby are repealed. Acts repealed. Section 2. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act that the inhabitants of, and the territoy embraced within the corporate limits of the Town of Tignall, located within Wilkes County, State of Georgia, as hereafter defined, be and they are hereby incorporated under the name and style of the Town of Tignall, Georgia. Incorporation. Section 3. Be it further enacted by virtue of the authority

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of the same that the corporate limits of the Town of Tignall, Georgia, shall remain as they are now established by law, to wit:That the corporate limits of the Town of Tignall, Georgia, shall be in extent one (1) mile in every direction from the center of the road leading from Washington, Georgia, to Elberton, Georgia, (Highway No. 17) where it is crossed by the road leading from Danburg, Georgia, to Mallorysville, Georgia. Corporate limits. Section 4. Be it further enacted by virue of the authority aforesaid, that from and after the passage and approval of this Act, that the municipal government of the Town of Tignall, Georgia, shall be vested in and shall consist of a mayor and five (5) councilmen, who shall constitute a body corporate under the name of the Town of Tignall, Georgia, and by that name shall have perpetual succession, with the right to have and use a common seal, and, shall under such name be capable of suing and being sued in any court of law or equity; shall be capable in law to purchase, hold, receive, enjoy, possess, lease, rent and retain to themselves and successors in office, for the use and benefit of said Town of Tignall, Georgia, in perpetuity, or for any term of days, months or years, any property, real or personal, of whatever kind or nature, situate within or without the corporate limits of the Town of Tignall, Georgia, with the right to sell, alien, convey, exchange, lease, rent or improve the same or any part thereof, in any way and by any means authorized by law, and under such name shall be authorized to enter into any contract or obligation authorized or permitted by this Act or the laws of Georgia. When any such contract or obligation is entered into, the name of the municipality signed by the mayor and attested by the clerk, shall be sufficient to bind such municipality. Mayor and council. Whenever suit is brought against the Town of Tignall, Georgia, service upon the mayor of any notice, writ, petition or legal process shall be held and deemed to be sufficient service. Section 5. Be it further enacted by virtue of the authority

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aforesaid that the present mayor and council in office at the time of the passage and approval of this Act, shall be, and they hereby are, continued in office for the full term of office for which each of them were elected, and until their successors in office are duly elected and qualified under the provisions of this Act. Incumbents. Section 6. Be it further enacted by virtue of the authority aforesaid that in the event the office of mayor or one or more of the councilmen shall become vacant by reason of death, resignation or otherwise, that the vacancy or vacancies in the office of councilmen shall be filled by selection and appointment of a person or persons by the remaining mayor and councilmen, to serve for the unexpired term; and in case of a vacancy in the office of mayor by death, resignation or otherwise, the office of mayor for the unexpired term shall be filled by the appointment and selection of one of the councilmen then holding office, the vacancy caused by such selection of mayor from the councilmen to be filled by the remaining councilmen for the unexpired term by the selection of a qualified person as heretofore set out. Vacancies. In the event any vacancy in the office of mayor or councilmen shall be filled as herein set out, that such appointee or appointees shall possess the same qualifications and take the same oath as provided for the mayor and councilmen regularly elected. Section 7. Be it further enacted by virtue of the authority aforesaid, that on the first Saturday of September 1957, after the passage of this Act, and at the same time every two (2) years thereafter, there shall be held in said Town of Tignall, Georgia, an election for a mayor and five (5) councilmen, who shall hold office for two (2) years and until their successors are elected and qualified. Election of mayor and council. That any and all persons, candidates for the office of mayor or councilmen, or persons appointed to fill vacancies in such offices, shall possess the same qualifications

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required of a person voting in said election for mayor and councilmen, and each candidate for the office of mayor or councilmen shall be required to personally register his intention to become a candidate, naming the office, with the clerk of said Town of Tignall, Georgia, not less than ten (10) days prior to the date of such election by 5:00 P. M. of such day. Section 8. Be it further enacted by authority of the same that no person shall be allowed to vote in any municipal election held in and for the Town of Tignall, Georgia, unless such person possesses the qualification necessary to vote for a member of the General Assembly of Georgia and shall have been a resident of the Town of Tignall, Georgia, not less than three (3) months prior to the date of registration, and shall have registered in the voters' book kept by the clerk of said Town of Tignall, Georgia, not less than ten (10) days prior to the date of such election by 5:00 P. M. o'clock. Qualifications of voters. Section 9. All elections for mayor and council and any other election or elections provided for by this Act or by the laws of Georgia, shall be held under the management of three (3) persons, one of whom may be a justice of the peace residing in said Town of Tignall, Georgia, and two other persons, freeholders, qualified voters of said municipality; or such election or elections may be held by three (3) freeholders, possessing the qualifications enumerated. Conduct of elections. Section 10. Be it further enacted by authority of the same that the polling place for any election held in and for said municipality shall be at the building used as a town hall, or if such place be not available, then at the regular polling place in said municipality used in elections for county and State officers. The polls shall open at 9:00 o'clock A. M. and close at 3:00 o'clock P. M. on the day of any election held hereafter.

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The managers of any election held under the provisions of this Act, or on any matter required to be submitted to the qualified voters of the municipality by the laws of Georgia or of the United States of America, shall each be sworn to faithfully perform their duties by some officer of the State of Georgia, authorized to administer oaths, by taking the following form of oath:- Same. That I (or we) as a manager (or managers) of this election do swear that I (or we) will faithfully and impartially discharge my duties as such to the best of my knowledge and ability. So help me God. Each manager shall be paid the sum of $5.00 per day out of the treasury of the municipality for his services in any election held in said municipality. Section 11. After the time for filing as a candidate for the office of mayor or councilmen shall have expired as provided for in this Act, the clerk of the Town of Tignall, Georgia, shall cause to be printed or typed at the expense of the municipality, and have available at the polling place, a sufficient number of ballots for use in such election for mayor and council, which ballots shall first set out the date of the election, then the names of the candidates for mayor in alphabetical order, and then following the names of the candidates for councilmen in alphabetical order, and only the ballots prepared by such clerk shall be considered as official ballots. Ballots. In case of any other election or elections held in and for said municipality, the ballots shall be printed or typed by the clerk in such form, and contain such wording as the mayor and council shall prescribe, unless the form and wording of such ballot or ballots is prescribed by the general laws of this State. The cost of printing or typing such ballots shall be paid out of the town treasury, and the town clerk shall have available at the polling place a sufficient supply of ballots for each election. Section 12. Be it further enacted by authority of the

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same that two lists of voters and two tally sheets shall be made up and kept by the managers of the election after the polls are closed, and the managers shall count the votes, declare the results and certify the same in writing to the mayor and council, which shall record the result of the election on the minute book of said mayor and council. The managers of the election shall deposit with the mayor all papers pertaining to said election, who shall preserve them unopened for ten days, and then if no contest has been filed, they shall be destroyed in the presence of the assembled mayor and council. Results. Section 13. Be it further enacted by authority of the same that in the case of an election for mayor the person receiving the highest number of votes shall be declared elected, and in case of councilmen, the five persons receiving the highest number of votes at said election shall be declared elected. In case of a tie between two or more candidates in any election for mayor or the lowest of the five councilmen, or either of them, a new election shall be ordered by the mayor and council already qualified within ten (10) days after the result of the election has been declared by the managers, using the same registration list, and the person or persons receiving the highest number of votes cast in such new election shall be declared duly elected. Ties. When an election is called in case of a tie between any candidates as herein set out, the former mayor and council shall remain in office until their successors are duly elected and qualified, with full power and authority to order and call such new election and receive the results. Section 14. Be it further enacted by authority of the same, that within ten (10) days after the election of a mayor and council as herein set out, such duly elected mayor and councilmen shall meet and enter upon the discharge of their respective duties, after having each taken and subscribed the following form of oath before some officer of the State of Georgia authorized to administer oaths. Oaths.

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I do solemnly swear (or affirm) that I will well and truly discharge to the best of my ability and knowledge, my duties as (mayor or councilman as the case may be) of the Town of Tignall, Georgia. So help me God. This oath shall be entered on the minutes and there signed by such elected officers. Section 15. Be it further enacted by the authority aforesaid that it shall be the duty of the clerk of the Town of Tignall, Georgia, within thirty (30) days following the passage and approval of this Act, and hereafter immediately following a regular election for mayor and councilmen in said town, to prepare and keep open a book for the registration of voters in said municipality. This book shall be kept at the office of the clerk at all times between the hours of 9:00 A. M. and 5:00 P. M. of each day, excluding Sundays and holidays, when the office of the clerk is open and until ten (10) days prior to any regular or special election called in said municipality, other than a run-off election for mayor and councilmen, when the said registration book shall be closed, and after which no person shall be allowed to register until after such election. It shall be the duty of the clerk upon the application of any citizen who is qualified to vote for members of the General Assembly of Georgia and who has resided in the Town of Tignall, Georgia, the requisite time required by this Act, to allow such person to register in said voters' book by person and not by proxy, such registration to state the person's name, age, occupation, business and color. The said clerk shall not knowingly permit anyone to register who is not entitled to do so, and in every case shall administer the following oath to the applicant, Registration of voters. You do solemnly swear that you are a citizen of the United States of America, that you are qualified to vote for the members of the General Assembly of Georgia, that you have resided in the Town of Tignall, Georgia for

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three (3) months preceding this registration; that you are eighteen (18) years of age. It shall also be the duty of the clerk to have written or printed the form of such oath on the front page of such registration book, and the applicant in addition to taking such oath, shall subscribe to the same when signing the voters' book. In case of infirmity or inability to write, the applicant's name may be signed by the clerk, but the same must be attested by said clerk at the time of such signing. A person having once registered in said voters' book as a qualified voter, shall not be required to register again so long as he or she shall remain a resident of the Town of Tignall, Georgia, and be otherwise qualified as a voter, it being the purpose of this Act to provide a permanent system of registration. Section 16. Be it further enacted by authority of the same that at the first regular meeting of mayor and council after the passage and approval of this Act, and each two (2) years thereafter, that the said mayor and council shall select and appoint three registrars, to hold office for two years after appointment, freeholders of said municipality and who are registered and qualified voters therein and persons of good character. They shall take an oath in form prescribed by the mayor and council to faithfully discharge their duties as such registrars, which oath may be administered by the mayor. Registrars. That when the clerk shall close the registration book of voters as provided herein, he shall not permit any other or further registration, and said registration book shall be immediately turned over to said registrars, who shall thereupon meet and make up from said voters' registration book a list of the qualified voters of such municipality, excluding therefrom the names of all persons ineligible to vote in such election. The said registrars shall complete their work not later than five (5) days prior to such election, certify the list to be true and correct

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by signing their names thereto with the date of such approval, and deliver the same to the clerk of said Town of Tignall, Georgia, who shall safely keep the same and who shall deliver it to the election managers holding any election, at the time of the opening of the polls, with a certificate in writing that the same has not been changed in any way since the same was delivered to him by the registrars. Voters' list. That any person denied the right to register as a voter in said municipality by the clerk shall have the right to appeal to the registrars, which appeal need not be in writing, within five (5) days after the closing of the registration book of voters and delivery to said registrars, and said registrars shall determine the eligibility of such person or persons to register and vote in any election, the decision of said registrars to be final. If the person or persons are declared eligible to register and vote in such election, the registrars shall allow such person or persons to sign the voters' book, even though it has been closed by the clerk, and such name shall be added to the list of qualified voters by said registrars and such person or persons shall be allowed to vote in said election as a qualified voter. Appeal. Each member of the board of registrars shall be paid the sum of $5.00 each per day for their services out of the treasury of the municipality. In the event of a vacancy in the board of registrars from any cause, such vacancy shall be filled for the unexpired term by appointment made by the mayor and council. Section 17. Be it further enacted by the authority of the same that the mayor and council of the Town of Tignall, Georgia shall serve without compensation, provided however, that in the event it is necessary that said mayor and council, either of them or a committee thereof, shall be required to make a trip or incur other expense for such municipality when directed by the mayor and

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council, that they shall be paid such actual expenses incurred out of the treasury of the municipality. Compensation of mayor and council. Section 18. Be it further enacted by authority of the same that the said mayor and council shall have the right to employ a clerk for said Town of Tignall, Georgia, and such assistant or assistants as may be necessary; a town marshal or chief of police, with such assistant or assistants as may be necessary, and to pay them such salaries or compensation out of the treasury of the town as may be fixed by the mayor and council. The clerk of the Town of Tignall, Georgia shall also act as treasurer of said municipality, and shall collect and disburse all funds of the municipality; shall collect all taxes of any and every kind, ad valorem, special or business, and all special assessments, that may be due or owing to said municipality; shall keep the minutes of all meetings, regular and special; all the records of the Town of Tignall, Georgia of every kind, and shall perform any other duty or duties required of him by said mayor and council. Any member of the said council of the Town of Tignall, Georgia shall be eligible to act as clerk and treasurer of the municipality, or any qualified person of good character not a member of council, may be named and appointed by the mayor and council. Clerk. Before entering upon the discharge of his duties such clerk and treasurer shall take an oath on a form prescribed by the mayor and council to faithfully discharge his duties, which oath may be administered by the mayor, and shall give a good and solvent bond, with not less than two sureties if a personal bond is given, in amount to be fixed by the mayor and council, payable to the mayor of the Town of Tignall, Georgia, conditioned upon the faithful discharge of his duties. The town marshal, chief of police, or any assistant or assistants thereof appointed by the mayor and council, shall be persons in good health, of good moral character, and need not be a resident of the municipality. Before

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entering on the discharge of their duties they shall be required to take an oath on a form prescribed by the mayor and council to faithfully discharge the duties of such office, which oath may be administered by the mayor. In addition to taking such oath the town marshal or chief of police shall give a good and solvent bond, with not less than two sureties if a personal bond be given, in an amount to be fixed by the mayor and council, payable to the mayor of the Town of Tignall, Georgia, and conditioned upon the faithful discharge of his duties. Marshal. The said town marshal or chief of police, or any regular assistant, shall be authorized to enforce all civil and criminal process issued by the mayor, clerk, recorder or other qualified official of the Town of Tignall, Georgia; shall be authorized to levy and collect any and all executions or fi. fas. issued by authority of the mayor and council or other qualified official of the municipality, for the collection of any and all ad valorem, business or special tax, or any assessment for sewerage, paving, sanitation, or any other special or regular tax, special assessment, fine, penalty or costs, that may be assessed by the officials of the municipality under the authority of this Act. Fi. fas. and executions. In the event that it is necessary to enforce any fi. fa. or execution issued by the authorized officials of the municipality upon the real or personal property of the person named as the defendant therein, the said town marshal or chief of police of the Town of Tignall, Georgia, or the Sheriff of Wilkes County, Georgia, or his legal deputies, shall be authorized to levy said fi. fa. or execution, advertise the property levied on for sale, sell the same and execute title to the purchaser, all under the provisions of the laws of Georgia applicable to levy and sale of real or personal property under common law fi. fa., except as otherwise provided herein as to the levy and sale of personal property. Such sale or sales of real property shall be held before the courthouse door in Wilkes County, Georgia, during the legal hours of sale on any regular sheriffs sales day, after being advertised

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as provided by law. Provided, that any personal property levied on by any of the named officers may be sold before the town hall in the Town of Tignall, Georgia on any regular sheriffs' sales day and during the hours thereof, upon posting a notice by the levying officer at three or more public places in said municipality ten (10) days preceding the day of sale, giving the time and place of sale, describing the property to be sold and reciting the process under which same is to be sold. In all cases where any taxes, ad valorem, business or special, fines, penalties, license or special assessments are not paid when due, the clerk shall issue an execution against the delinquent person, which shall be signed by the mayor and directed to the town marshal or chief of police of the Town of Tignall, Georgia, to the Sheriff of Wilkes County, Georgia and his legal deputies. Section 19. Be it further enacted by authority of the same that the said mayor and council shall have authority to name and designate a city physician, prescribe his duties and compensation, and shall be authorized to comply with by appropriate ordinance or resolution, [Illegible Text] law or laws affecting the public health, sanitation, control of and immunization of disease enacted by the State of Georgia, or the United States of America. The physician so named and designated need not be a resident of the Town of Tignall, Georgia. City physician. The said mayor and council acting on behalf of and for said municipality shall have the right and authority to name an attorney for said Town of Tignall, Georgia, whenever the services of same may be needed, to fix his compensation, and to employ special counsel to assist such city attorney whenever they see fit and to compensate him for his services. City attorney. Any compensation for said city physician, city attorney or assistant counsel shall be paid for out of the treasury of the municipality. Section 20. Be it further enacted by authority of the

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same that within thirty (30) days of the passage and approval of this Act, that the mayor and council of the Town of Tignall, Georgia, shall name three persons of good moral character, freeholders and taxpayers in said municipality and qualified voters therein, to serve as a Board of Tax Assessors, who shall continue in office until the next regular election of a mayor and council. Thereafter said board of tax assessors shall be appointed and named by the incoming mayor and council at any regular or special meeting held within sixty (60) days of their election and qualification. Such board of tax assessors shall hold office until their successors are appointed and qualified. Before entering upon their duties they shall take a form of oath prescribed by the mayor and council to well and faithfully discharge their duties. Said oath may be administered by the mayor or other officer qualified to administer oaths. Any vacancy or vacancies in the said board of tax assessors shall be filled by appointment of the mayor and council to hold for the unexpired term of the person or persons succeeded. Tax assessors. The per diem pay of said board of tax assessors shall be fixed by said mayor and council and paid out of the treasury of the municipality. It shall be the duty of such board of tax assessors to meet and elect a chairman and secretary from its members, and on or before May 1st of each and every year hereafter shall proceed to assess for taxation the value of all real and personal property, and any other property, located in said municipality on January 1st of that year, subject to taxation by the Town of Tignall, Georgia, at its fair market value. Upon completion of the assessment of all property subject to taxation within said municipality, other than churches, schools or other property exempted by law, each and every property owner shall be served with a type or printed statement, showing the amount of real and personal property and the amount of the assessment against the same, which notice may be served upon the property owner personally by the town marshal or chief of police or by the clerk mailing

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the same to the last known address of said property owner, notifying said property owner to be and appear at a date and place set out in said notice, before said board of tax assessors, if dissatisfied with such assessment. Said notice shall be mailed or served not less than six (6) days before the property owner is required to be and appear before said board. Any person so assessed for taxes shall have the right to be heard before said board of tax assessors, and if there is any change in said assessment, the same shall be entered upon the orginal assessment book or roll to be kept by the assessors, which amount shall be the assessment of the property owner for that year. Assessments. Any property owner dissatisfied with the assessment made by the board of tax assessors shall have the right to appeal within six (6) days after service upon or mailing of the notice of assessment (except that a non-resident of the State of Georgia shall have ten (10) days within which to enter said appeal after mailing of the notice of assessment), to three arbitrators, freeholders and qualified voters of said municipality, of which arbitrators one shall be named by the property owner, one by the mayor and council of the Town of Tignall, Georgia, and these two shall select the third arbitrator. The arbitrators shall fix the time and place of hearing the appeal within a reasonable time after the same is entered, giving all parties notice thereof, and either side may be represented by counsel if they so desire. Upon a hearing of the matter the arbitrators shall render a decision which shall be final as to all parties and there shall be no further appeal. Appeal. The board of tax assessors shall change or correct any assessment made in accordance with the findings of the arbitrators, and all hearings and arbitrations shall be completed on or before July 1st of each and every year. After all appeals have been heard and determined, or in case there are none, the board of tax assessors shall

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prepare a book, list or roll, showing the name of the taxpayer, the description of the property, and the amount of the assessment, and any other information that may be necessary in fixing the tax rate, on all the property located within the municipality, which book, list or roll shall be delivered to the clerk of the municipality and used by the mayor and council in fixing the tax rate, and by the clerk in preparing a receipt for taxes or for issuing an execution or fi. fa. thereon. Tax book. The said tax book, list or roll shall be open for the payment of taxes by September 15th of each and every year after the passage and approval of this Act, and shall close on or by December 20th of each and every year thereafter. A taxpayer failing to pay his taxes within the time stated shall be classed as delinquent, and within thirty (30) days after said tax books shall close, the clerk shall have the right to issue an execution or fi. fa. for said delinquent taxes, which execution or fi. fa. shall be signed by the mayor and delivered to the proper official or officials for enforcement. Collection. In the event any property is sold under tax execution or fi. fa., the mayor or any person authorized by him, shall have the right to bid on said property for the amount of the taxes, interest and costs and if purchased, to take a conveyance in the name of the municipality. In the event an execution or fi. fa. is issued against a delinquent taxpayer, the same shall bear interest at seven (7%) percent per annum from December 20th of each year when said tax books close, until paid, with the same costs as are allowed the Tax Commissioner of Wilkes County, Georgia, for issuing tax fi. fas., and with the usual costs allowed to sheriffs for levying, giving notice of levy, advertising, conducting the sale and executing a conveyance to the purchaser. Section 21. Be it further enacted that in the event any property in such municipality is not discovered by the tax assessors, or is about to be removed from the

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limits of said municipality in order to avoid the assessment and payment of taxes, the clerk shall be authorized to issue an emergency fi. fa. or execution at any time, to be signed by the mayor, against the person or property, or both, which fi. fa. shall be directed to the officers as herein named, and all other proceedings for the collection and enforcement of same shall be the same as that for tax executions regularly issued and collected. Property not returned. In the event there is any property located in said municipality subject to taxation, wherein the name of the owner owning the property is unknown, the tax assessors shall have the right to place such property on the tax book, list or roll of such municipality by specifying the nature of the property and where located, without giving the owner's name, and taxes shall be assessed and collected on such property by the clerk issuing a fi. fa. or execution, to be signed by the mayor, against the property itself. All other proceedings for the assessment and collection of taxes on property where the owner is unknown to be the same as where the property is regularly assessed for taxes in the name of the owner. Section 22. Be it further enacted by authority of the same that the mayor and council of the Town of Tignall, Georgia, shall meet for the transaction of the business of the municipality at such times and places as they may prescribe within the limits of the municipality, and any special meeting may be called by the mayor or clerk or by any four or more councilmen to consider any business that may legitimately come before the mayor and council. At all such meetings the mayor shall preside, if present, and shall be entitled to vote only in cases where there is a tie vote, except that he shall be entitled to cast a vote for all officers of the Town of Tignall, Georgia, that may be named by said body. A quorum for the transaction of business at any regular or special meeting shall consist of four (4) persons, which shall include the mayor if present. Said mayor and council, or council sitting in the absence of the mayor, at any regular or special meeting, shall be empowered to elect a mayor

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pro tem., who shall serve and perform all the duties of the mayor in the event of his absence, illness or disqualification. Meetings of council. Section 23. Be it further enacted that said mayor and council of the Town of Tignall, Georgia, shall have the right to pass and enact all ordinances, resolutions, rules and regulations, necessary for the good government of said municipality, the protection of persons and property, for the peace, health, good order, comfort and convenience of the citizens thereof, and to fix suitable penalties for the violations of the same. They shall be authorized to inflict penalties for the violation of any ordinance or resolution passed by them by fine, imprisonment in the town jail or in the county jail of Wilkes County, Georgia, or by working on a labor force on the streets, sidewalks, parks or other public places in said municipality, and all or either of said penalties may be inflicted. Ordinances. In the event a fine is imposed it shall not exceed two hundred dollars ($200.00), and in the event imprisonment in the town jail or county jail of Wilkes County, Georgia is imposed it shall not exceed ninety days (90); and in the event a sentence to work as a labor force on the streets, sidewalks, parks or other public places of said municipality is imposed, it shall not exceed sixty days (60), all of said penalties or either of them may be inflicted for each and every violation charged against the offender. Fines and punishments. Said mayor and council shall be authorized to provide an alternative sentence to be served in the town jail, the county jail of Wilkes County, Georgia, or as a member of said labor force, not to exceed the number of days stated, in the event any fine assessed is not paid. In the event of imprisonment in the county jail of Wilkes County, Georgia, the cost of the board of such prisoner and all jail fees shall be borne by the municipality and paid out of the treasury thereof. Section 24. Be it further enacted by authority of the

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same that the mayor, and in case of his absence, illness or disqualification, the mayor pro tem., shall be the chief executive officer of said Town of Tignall, Georgia. It shall be his duties to see that all laws, ordinances, resolutions, rules and regulations of the mayor and council are strictly observed. He shall be authorized to appoint any standing or special committee or committees from the council as he may see fit, and he is made an ex officio member of any such committee. Mayor's powers and duties. The said mayor shall have control over the clerk, the marshal and police force of said town, and may appoint special police whenever in his judgment he deems it necessary for the preservation of good order in said municipality and for the protection of persons and property. The said mayor shall be authorized to cause the arrest and detention of any and all disorderly, drunk or riotous persons, violating any ordinance, resolution, law, rule or regulation of said municipality, and he shall be vested with the powers of a justice of the peace in regard to witnessing instruments, administering and attesting oaths; issuance of criminal warrants and holding courts of inquiry or commitment. He may commit persons tried before him as a court of inquiry for trial by the appropriate court, and may admit them to bail under the same powers possessed by a justice of the peace in said State of Georgia. Section 25. Be it further enacted by authority of the same that the mayor and council of the Town of Tignall, Georgia shall have the right to elect and appoint a recorder in and for said municipality, who shall be a freeholder, a person of good moral character, a resident of said municipality and a qualified voter under this Act. They shall have the right to fix his salary and term of office, and provide a place where said recorder shall sit as a recorder's court. Such recorder shall have jurisdiction to try in a summary

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manner, unless a plea of guilty be entered, all persons charged with violating the laws, ordinances, resolutions, rules and regulations of said municipality, without the filing of written charges, and may impose such penalties for the violation of the same as may be prescribed by said mayor and council. He shall be authorized to sit at any time, Sundays excepted, as a court. All fines imposed by him when collected shall be paid into the treasury of the municipality. Any person convicted of an offense by the recorder shall have the right to appeal to the mayor and council, provided notice of such appeal is given to the recorder within three (3) days after such conviction, and provided that if a fine be assessed against such person, that the fine must be paid before said appeal can be entered, the same to be returned to him by the treasurer of said town in the event he is found not guilty on a final disposition of the case. The said appeal shall be held as a de novo investigation, and either side shall have the right to offer evidence, and may obtain a subpoena from the recorder to insure the witnesses' attendance or production of any papers. Upon such appeal being entered the mayor and council shall have the power to reverse the decision of the recorder, modify the penalty or increase the same. Recorder. The recorder shall be authorized to issue criminal warrants, hold courts of inquiry, commit offenders to the proper court for trial, or admit them to bail, as in cases tried before a justice of the peace in this state sitting as a court of inquiry. The said recorder shall have the power to summon witnesses, issue subpoenaes for either persons or for the production of papers or records, and shall have power to punish for disobedience to a subpoena or writ, or for any act of contumacy committed in his presence while sitting as a court, as for a contempt, with authority to

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fine the offender or offenders for such contempt in a sum not to exceed fifty ($50.00) dollars, imprisonment in the town jail or in the county jail of Wilkes County, Georgia, not exceeding ten (10) days, or may inflict all or either of said penalties. In the event a fine is imposed and the same is not paid, the said recorder may provide an alternate sentence of imprisonment not to exceed ten (10) days. In the event a recorder is not named for the Town of Tignall, Georgia as provided by this Act, that the mayor of said municipality, and in his absence, illness or disqualification, the mayor pro tem., in addition to any other power or powers vested in said mayor by law, shall be authorized to do and perform each and every act and shall have the same powers as may be vested in a recorder, were one named and appointed. The said mayor or mayor pro tem. shall have the same authority and power to punish persons charged with violating any law, ordinance, rule or regulation of said municipality and to inflict penalties therefor, with the same power to punish for contempt, as is vested by this Act in a recorder in the event one is named and appointed. An appeal may be taken from the decision of the mayor or mayor pro tem., sitting as recorder, in any case heard before him, as appeals are taken from a recorder as set out in this Act, except that the mayor or mayor pro tem. hearing the case originally shall not be allowed to vote in determining whether the sentence imposed by him acting as recorder, shall be reversed, changed or increased. Section 26. Be it further enacted by authority of the same that it shall be lawful for the town marshal, his assistant, the chief of police or any policemen lawfully appointed and serving said municipality, without warrant, to arrest any and all persons violating any of the criminal laws of the State, the ordinances, laws, resolutions, rules and regulations of said town against swearing, drunkenness, rioting, fighting, quarreling, or other gross or immoral conduct committed within the confines

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of said town, within any residence or building therein, or upon the streets, sidewalks, lanes, alleys, parks or other public place thereof, and after such arrest to confine the offender or offenders in the town jail or in the common jail of Wilkes County, Georgia, until said matter can be heard by the proper official. Such town marshal, his assistant or assistants, chief of police and any policemen lawfully appointed and serving such municipality, shall have power to call to his assistance the Sheriff of Wilkes County, Georgia, his lawful deputies, any member of the Georgia State Patrol, or any constable or bystander to assist him in arresting or detaining such offender or offenders. Arrests. Section 27. Be it further enacted that the recorder of said town, or the mayor or mayor pro tem. acting as recorder, shall have the right to take and receive an appearance bond with good security in an amount to be fixed by such official, payable to the mayor of said Town of Tignall, Georgia, conditioned on the accused person appearing at such time as may be fixed for a hearing of the charge against him. For good cause shown such hearing may be continued from time to time. Appearance bonds. If such bond is given the accused shall be required to be and appear at the time fixed for a hearing of the charges before the recorder, mayor or mayor pro tem., and if no appearance is made such bond may be forfeited by serving the defendant his surety or sureties with a rule nisi, in the same manner as writs are served in the superior courts, requiring them to appear not less than ten (10) days after such service, and show cause why said bond should not be forfeited. If the defendants or either of them fail to appear as required by said rule nisi, said bond shall be declared forfeited, and an execution shall be issued upon said forfeiture by the recorder, mayor or mayor pro tem. acting as recorder, against the defendant and his sureties, which execution shall be levied and collected in the same manner provided by this Act for the collection of tax fi. fas. and executions. Any sums received or collected from such forfeitures shall be paid into the town treasury.

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The recorder, mayor or mayor pro tem. acting as recorder, shall have the right to receive cash from the accused in lieu of personal bond, and if the offender fails to appear at the time set for the hearing, the cash shall be ordered forfeited by order of the hearing officer without the issuance of a rule nisi and ordered paid into the treasury. Section 28. Be it further enacted by authority of the same, that said mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall have the right and authority to assess, levy and collect, in each and every year after the passage and approval of this Act, for the ordinary current expenses of the Town of Tignall, Georgia, a tax not to exceed two percent (2%) on each and every one dollar of the fair market value of all real estate and personal property of every kind and description, and every other species of property not exempted from municipal taxation by the laws of Georgia, which is located within the corporate limits of the said Town of Tignall, Georgia. Ad valorem tax. At the first regular meeting held in July of each and every year after the passage and approval of this Act, the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall meet and fix the tax rate for the current year, and shall cause due notice thereof to be given to the public by publishing the rate so fixed in one issue of the official organ of Wilkes County, Georgia, and also by posting a written notice stating said rate of taxation at some public place in the Town of Tignall, Georgia. Section 29. Be it further enacted by virtue of the authority aforesaid that the said mayor and council of the Town of Tignall, Georgia, shall have full power and authority in each and every year to require each and every person, firm or corporation engaged in any business, trade, vocation, profession or calling within the corporate limits of the municipality, by themselves, or by their agent or agents, to register their names, business,

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trade, vocation, profession or calling, and to require each and every such person, firm or corporation to pay for said registration and obtain a license to carry on such business, trade, vocation, profession or calling, unless exempted by the laws of Georgia, such amount to be paid annually as may be provided by ordinance of said mayor and council. Licenses. The said mayor and council may provide by ordinance for the infliction of punishment or penalty on any such person, firm or corporation, or their agent or agents, who engage in or attempt to engage in any business, trade, vocation, profession or calling, without registering, obtaining a license and paying the registration fee required, or who fails to comply with any ordinance or resolution regulating such matters. Section 30. Be it further enacted by authority of the same that the said mayor and council shall have full power and authority to grant a license to, or refuse to grant a license to any person, firm or corporation selling, handling or storing any dangerous, inflammable, explosive or combustible chemical, liquid, fuel, gas or other article that might endanger the health or safety of any resident of such municipality, or the safety of any other person, or of any premises or property located in, or being transported through such municipality. Dangerous substances. They shall have full right and authority to provide for the inspection of any premises, vehicle or other place where any of the enumerated articles or any other article dangerous to the persons or property may be handled, stored or transported, within said municipality. Section 31. Be it further enacted by authority of the same that the said mayor and council shall have full power and authority to regulate, to license or refuse to license, unless prohibited by the laws of this State, any billiard or pool room, skating rink, ten-pin alley, or any other business within said municipality where the game or games played therein are played with pins, balls or

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any other device; any and all music halls, music stands, tables or devices or other place where any such are used or played, together with any and all places where radio, television or broadcasting systems are used for amusing or entertaining the public. Amusements. They shall have the right to grant a license to or refuse to grant a license to any person, firm, corporation or place of business within said municipality using any tables, stands, machines or like devices for playing any game with sticks, balls, rings, electric devices or other device; any shooting gallery or other place of amusement. Provided, that if any of the enumerated places or things be granted a license, such registration shall be made and the license fee paid as may be required. Section 32. Be it further enacted by authority of the same that the said mayor and council shall have full power and authority to license, refuse to license, to regulate and control any and all places within said municipality serving or selling foods, drinks, intoxicants, meats, ice and meals; any hotel, inn or place where rooms are rented to the public; all barber shops, beauty shops and other places serving, administering to or treating the public; all garages, theaters, moving picture shows, radio stations, television stations, taxicabs or other public conveyances, and to require such persons, firms or corporations to register, pay for and obtain a license, in the event the same is licensed, before engaging in any such activity or business as herein provided. Restaurants, barber shops, etc. Section 3. Be it further enacted by authority of the same that said mayor and council are hereby authorized to provide for the granting of a license to, or refusing to grant a license to, any and every auctioneer, broker, itinerant dealer in jewelry, medicine, rugs, clothing or other articles of merchandise, immigration agents, circuses, palmists, fortune tellers, sideshows, carnivals, flying jenny, flying horse merry-go-round, ferris wheel or other amusement catering to the public; to provide for the registration of the same and for the payment of a

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license fee for any or all of them, whether operated by a person, firm or corporation, unless prohibited by the laws of Georgia. Other trades, etc. Section 34. Be it further enacted by the authority of the same that any person, firm or corporation or any agent thereof, failing to register and obtain a license for the purpose of carrying on any such enumerated business, profession, vocation, trade or calling, or carrying on such business, profession, vocation, trade or calling without registering and obtaining a license, shall be deemed to have violated an ordinance of the Town of Tignall, Georgia, and upon conviction thereof shall be punished in the recorder's or mayor's court by such fine, imprisonment or both, as may be provided by ordinance or resolution. Violations. It is further provided that in addition to punishing such offender for failure to register, pay for and obtain a license, or for carrying on any such enumerated business, profession, vocation, trade or calling without registering and obtaining a license, as herein provided, that a fi. fa. or execution may be issued against the person, firm or corporation for the failure to register and obtain a license, to be collected and levied in the same manner as tax fi. fas. or executions are collected and levied. That said fi. fa. or execution shall bear, in addition to the amount of the license tax, interest at the legal rate, all costs, and a penalty of ten (10%) percent of the license due for each and every month in which said license tax is unpaid, which penalty shall be added to and become a part of the original license fee and shall bear the same rate of interest. Section 35. Be it further enacted by authority of the same, that no license tax or registration shall be required of persons selling country fruits, fowls or produce grown or produced by the seller or by the person for whom the seller is acting. Agricultural produce. Section 36. Be it further enacted by authority of the

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same that at its first regular meeting in April of each and every year after the passage and approval of this Act, said mayor and council shall provide by ordinance for the taxation of different classes of businesses, professions, vocations, trades and callings that are operated or will be operated within the limits of the municipality during the year, and shall give due notice thereof by posting a list at three public places within said municipality, showing such classification and tax due, on or before April 15th of each and every year thereafter, and said registration shall be made and the license tax paid by the person, firm or corporation liable, or by their agent or agents, on or before May 15th of each and every year. Notice of license ordinance. It is provided, however, that said mayor and council shall have the right to provide by ordinance or resolution at any time, for the registration, licensing and payment of the license fee, for any temporary operation of any business, profession, vocation, trade or calling, operator of an amusement or amusement device, place of amusement, carnival, circus, sideshow, shooting gallery, palmist, fortune teller, or itinerant seller of merchandise, where such firm, person or corporation operating the same does not intend to operate except for such temporary period. The said mayor and council shall be vested with all the rights and powers to impose a penalty for violating the provisions of any ordinance or resolution licensing a temporary operator for failure to register, pay for and obtain a license, as if said operation was intended to be for the year, and shall be authorized to enforce the collection of any license tax imposed by the issuance and levy of a fi. fa. or execution as herein provided for enforcement of annual license fees and registrations. Temporary licenses. Section 37. Be it further enacted that said mayor and council shall by ordinance or resolution provide against the running at large of any domestic animal upon the sidewalks, streets or other public places in said municipality; for the impounding of same; for the keeping

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of same by the owner when the keeping of such animal or animals shall be offensive to its citizens or injurious to their health; for the keeping, taxing, muzzling and inoculation for rabies, or running at large of any dog or dogs within said municipality. Animals running at large. In the event it is necessary to impound any animal where the owner is not known or where the owner refuses to keep such animal confined, they shall be authorized to establish a pound for the keeping of such animals, and to provide charges for keeping and feeding the same, and if any dangerous or diseased dog or other animal is running at large, shall provide for the destruction of the same without liability on the part of the municipality or any officer thereof. Section 38. Be it further enacted by authority of the same that said mayor and council shall have full control of and superintendence of all streets, alleys, lanes, sidewalks, crossings and rights-of-way, parks, squares, swimming pools, and other places of recreation or amusement furnished to or open to the public and shall have full power to prohibit any encroachments thereon and to remove any encroachments, obstructions and nuisances therefrom. Streets, sidewalks, etc. In the event any person, firm or corporation shall encroach upon or obstruct any street, alley, lane, sidewalk, right-of-way, crossing, square, park, swimming pool or other place of recreation or amusement furnished to the public, the mayor and council shall cause a notice to be directed to and served upon the offender, notifying him to desist from the same, and remove said encroachment, obstruction or nuisance within ten (10) days after service of such notice, and if said offender shall refuse so to do, he may be punished as for a violation of an ordinance of said municipality for each and every infraction, by fine or imprisonment. If said offender refuses to desist from, or remove such encroachment, obstruction or nuisance after service of the said notice, said mayor and council acting by and through its town marshal,

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police or any laborers it may employ, may proceed to summarily remove the same, and to employ any remedy afforded by the laws of this State to effect such purpose. In the event such encroachment, obstruction or nuisance is removed by the municipality, the expense of removing same shall be taxed against the offender, and upon his failure to pay such expense, a fi. fa. or execution shall be issued against him, collected and levied in the same manner as other fi. fas. and executions are collected and levied by the municipality or its officials. Obstructions, etc. If any encroachment, obstruction or nuisance shall immediately endanger the life, limb, health or property of any citizens of the municipality, and the person, firm or corporation cannot be immediately notified to remove the same, said mayor and council may provide for the removal of such encroachment, obstruction or nuisance as they may provide for by ordinance or resolution, with or without notice. Section 39. Be it further enacted by authority of the same that said mayor and council shall have full power and authority to lay out, widen, straighten, grade or otherwise change the roads, streets, bridges, sidewalks, lanes, alleys, parks, squares and places of public amusement or recreation in said town, and shall have full power and authority to lay off, grade, vacate, close, open, curb and pave the roads, streets, bridges, sidewalks, lanes, alleys, cross drains, cross gutters, cross walks, drains and gutters, either or all of them, for the public use, or for the purpose of laying or causing to be laid, any wires, drains, sewer pipes, gas pipes, water pipes, fire plugs, water, gas or sewer connections, or any other installation, over, in, upon, across, under and throughout the roads, streets, bridges, sidewalks, lanes, alleys, parks, squares, and places of public recreation and amusement within the limits of said municipality, upon such terms and conditions as they may prescribe. Improvements Section 40. Be it further enacted by authority of the same that the mayor and council of the Town of Tignall,

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Georgia, shall have full power and authority to improve, pave, macadamize, drain, grade, widen or straighten any of the existing roads, streets, squares, bridges, sidewalks, lanes, alleys, parks or places of public amusement or recreation in said municipality, or any that may hereafter be opened, constructed or acquired, and they may provide for assessments to be made against the adjoining owners of the property for payment of a part of such expense. Be it further enacted that one-half (1/2) of the total cost of improving, curbing, paving, repaving, grading or regrading any sidewalk or portion thereof in said municipality shall be paid for as follows: One-half (1/2) by the owners adjoining said sidewalk or portion thereof so improved, curbed, paved, repaved, graded or regraded, and the other one-half (1/2) by the municipality. All corners of sidewalks and the curbing thereon shall for the purposes of assessment of the cost of such construction be considered as owned by the adjoining owner. Cost of improvements. Be it further enacted that two-thirds (2/3) of the total cost of improving, curbing, paving, repaving, grading, regrading, installation of all necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, on any roads, streets, lanes, alleys, or squares within said municipality, including the necessary engineering fees, shall be assessed and collected from the adjoining property owner or owners, the owner or owners on each side of said improvement to each pay one-third (1/3) of said cost and the Town of Tignall, Georgia, one-third (1/3). Provided, however, that the cost of improving, curbing, paving, repaving, grading, regrading, with installation of the necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, on any street intersection in said town shall be paid for by the municipality. That if there shall be any railway or tracks operated

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and used by any public service or private utility in and along any roads, street, lane, alley or square within said municipality, that the mayor and council shall have the right to require such utility to pay such proportion of the amount required to pay for the improvement as they may deem proper. Section 41. Be it further enacted by authority of the same that any and all assessments against the adjoining property owners for improving, curbing, paving, repaving, grading and regrading any sidewalk or portion thereof in said municipality, and for improving, curbing, paving, repaving, grading, regrading, with installation of all necessary drains, manholes, catch basins, storm and water sewers, drain pipes and culverts, including the necessary engineering fees, of any road, street, lane, alley or square of said municipality, shall be in proportion to the number of linear feet of the property of the property owner or owners abutting on said sidewalk, road, street, lane, alley or square of said municipality; and for any public or private utility operating or using any railway or tracks in, upon, across and along the same, the assessment shall be also in proportion to the linear feet said railway or tracks run in, upon, across and along said roads, streets, lanes, alleys and squares of said town. Assessments. Section 42. Be it further enacted by authority of the same that said mayor and council shall have the right to improve, curb, pave, repave, grade or regrade, and install drains, manholes, catch basins, drain pipes and culverts, storm and water sewers on any sidewalks, roads, streets, lanes, alleys, or squares of said municipality as in their discretion may seem proper, without requiring or allowing any petition or petitions from the property owners to be affected. Said mayor and council, if they shall deem proper, may require a signed petition to be presented to them by a majority of the property owners to be affected, before undertaking such work or works. Petition for improvements. Section 43. Be it further enacted by authority of the same that said mayor and council shall have the right

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to let a contract or contracts for improving, curbing, paving, repaving, grading, regrading, with installation of all necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, on any sidewalk, road, street, lane, alley or square, or any part thereof, within said municipality, by advertising for sealed bids or by private letting as they may deem best, and may fix the terms of any contract or contracts let thereunder. Contracts for improvements. Said mayor and council may, if they so desire, perform said work by private labor hired by the municipality, and shall be authorized to purchase all materials, tools, machinery and other articles as may be needed, if said work, installation and improvement is done by private labor hired by the mayor and council. Section 44. Be it further enacted by the authority aforesaid that the assessment on each parcel of property abutting such sidewalk, road, street, lane, alley or square to be improved, curbed, paved, repaved, graded, regraded, with installation of all necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, shall be a lien on each such parcel of real estate from the date of the passage of the ordinance providing for the work and making an assessment for the payment thereof. Assessment liens. The mayor and council acting by and for the Town of Tignall, Georgia, shall have full power and authority to enforce the collection of the amount of any assessment so made for the purpose of improving, curbing, grading, regrading, paving, repaving, with installation of all necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, on any sidewalks, roads, streets, lanes and alleys of said town, or portion thereof, including the necessary engineering fees, by execution issued by the clerk and signed by the mayor against the real estate so assessed, giving the name of the owner, for the amount of the assessment against the owner at the date of the ordinance making such assessment, or against the property improved, if the owner's name is unknown.

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Said execution may be levied by the town marshal, or any assistant, or by the chief of police of the Town of Tignall, Georgia, or by the Sheriff of Wilkes County, Georgia or any of his lawful deputies, and said property shall be advertised and sold at public outcry, in the manner, and at the time and place of holding sheriff's sales in Wilkes County, Georgia, as is provided by law for tax sales of real estate, and a deed shall be made to the purchaser; the mayor being authorized to bid on said property and acquire title in the name of the Town of Tignall, Georgia, as any other purchaser. Any sale made under such proceeding shall vest absolute title in the purchaser without right of redemption by the owner of said property. Collection of assessments. Sales. The said town marshal, his assistant, the chief of police of the Town of Tignall, Georgia, or the Sheriff of Wilkes County, Georgia or his lawful deputies, shall have the right and authority to eject the occupant or occupants of said property and place the purchaser at such sale in possession. It is provided, however, that the owner of any parcel of real estate so assessed and levied upon shall have the right to file his affidavit of illegality denying the whole or any part of said amount for which such execution is issued, stating the amount due, if any, which amount admitted to be due, shall be paid to the clerk of said town at the time said affidavit of illegality is received by the levying officer. Illegalities. The said affidavit of illegality shall be filed with the levying officer within the time required by the laws of Georgia for filing affidavits of illegalities to the levy of common-law executions, and under the same provisions thereof, and shall when filed with the levying officer be by him returned for trial to the next term of the Superior Court of Wilkes County, Georgia, the issue there to be tried as is provided in cases of other illegalities, and subject to all the penalties provided by law in cases of affidavits of illegality filed for the purpose of delay only.

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Section 45. Be it further enacted by authority of the same that the said mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall have the right and authority to improve, curb, pave, repave, grade, and regrade any sidewalk, road, street, lane, alley or square of said town, and to install the necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, without assessing any part of the cost thereof upon the adjoining property owners or property or the utility or utilities using the roads, streets, lanes, alleys and squares of said municipality, by itself, or by entering into any contract or agreement with the State, county or Federal government or any agency thereof, for such work, without the necessity of advertising for bids, and without a public or private letting of such contract or contracts therefor, whenever it shall deem that such contract or contracts will be advantageous to the municipality and the citizens thereof. Procedure for improvements. Said mayor and council shall have the right and authority to pass such other resolutions, ordinances, rules and regulations as they may deem proper for the improving, curbing, paving, repaving, grading and regrading of any sidewalk, road, street, lane, alley or square in said municipality, with the installation of all necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, and to enforce by execution the cost of same against the adjoining property and utilities using such roads, streets, lanes, alleys and squares for any railway or tracks, and to provide how the owners shall be served with notice, by personal service or by publication. Section 46. Be it further enacted that the lien of the assessment herein provided for curbing, improving paving, repaving, grading, regrading, with installation of all necessary drains, manholes, catch basins, drain pipes, culverts, storm and water sewers, with the necessary engineering fees, shall rank in priority of payment next in point of dignity to liens for taxes, such liens to date from the date of the ordinance or resolution authorizing the improvement and assessment therefor. Assessment liens.

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Section 47. Be it further enacted that said mayor and council acting in the name of and on behalf of the Town of Tignall, Georgia, shall have full power and authority to condemn property for the public use for the purpose of laying out and opening new streets, sidewalks, alleys, lanes, roads, squares and parks in said municipality; and for the purpose of widening, changing, straightening, grading, adding to or improving in anyway the sidewalks, streets, roads, lanes, alleys, squares and parks of said town, upon the payment of compensation therefor. Whenever the said mayor and council shall decide that it is necessary to exercise the power of eminent domain for the purpose of condemning property for public use as herein set out, such power and authority shall be exercised as is provided by the laws of Georgia as found in Chapter 36 of the Annotated Code of Georgia, and all laws amendatory thereof, for the condemnation of private property for public uses by municipalities, whether said property sought to be condemned is in the hands of the owner, trustee, executor, administrator, guardian or agent, or if the owner is unknown. Eminent domain. Be it further enacted that said mayor and council acting in the name of and on behalf of the Town of Tignall, Georgia, shall have the full right and power to condemn any land, premises, rights-of-way, easements or appurtenances connected therewith except property of an existing public utility company, whether within or without the corporate limits of said municipality, upon paying proper compensation therefor, for the purpose of establishing and maintaining an electric light or power plant, gas plant, waterworks system, sewerage or drainage system, incinerator or sewerage disposal system, together with the necessary streams, wells, ponds, lakes or dams, with right-of-way for pipes, mains, sewers, drains, poles or lines, incident to the necessary operation of the same, or for the purpose of maintaining, extending, enlarging and improvement of any present system of the kind named, and for either or all of them and for all purposes. Provided however, that whenever the right to condemn

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land, premises, rights of way, easements or appurtenances connected therewith, as herein granted, is exercised, that it shall be done in an appropriate proceeding and in the manner provided by the laws of the State of Georgia relative to condemnation of private property for public uses, as found in Title 36 of the Annotated Code of Georgia and all laws amendatory thereof. In all cases provided for in this Act when the power of eminent domain shall be exercised by the municipality, that compensation shall be provided for the owner as required by law. Section 48. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall have full power and authority to maintain, equip, repair, extend, enlarge and improve in any way, any present system of gas, waterworks, sewerage and any electric light and power plants, for the purpose of furnishing and supplying the inhabitants of said municipality and those residing outside the corporate limits, and consumers generally, with water, sewerage facilities, light, power and gas, either or all of them; and to effect this end and purpose the said mayor and council shall have the right to contract with any person, firm or corporation for the purchase, lease, or grant of land, premises or easements to be used in connection therewith, whether located within or without the corporate limits of the municipality, and if necessary to obtain the same by the power of eminent domain except property of an existing public utility company as set out in this Act. Utilities. The said mayor and council for and in the name of the Town of Tignall, Georgia, shall have full power and authority to purchase or lease any plant, machinery or equipment, and any and all articles and things that may be necessary for the proper operation of such plant, machinery and equipment, for the purpose of repairing, enlarging, extending or improving the same; to excavate or bore wells, create ponds, lakes or dams, erect buildings

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and furnish the same with machinery and equipment, and to do all things that may be necessary for the proper maintenance, upkeep, and improvement of said plants, systems or facilities, or the extension or enlargement thereof. The right to repair, enlarge, keep up, extend and improve said plants or facilities shall be exercised in the discretion of the mayor and council and in the name and for the benefit of said municipality, and they shall have the right and authority to make contracts with residents of the municipality and with consumers generally, whether living within or without said corporate limits, for the furnishing of water, sewerage facilities, electric light, power, and gas, either or any of them, whenever it may be deemed advisable, and they shall be authorized to fix the rates to be paid for such services. The mayor and council of the Town of Tignall, Georgia shall have full right and authority in the name of the municipality to erect, acquire, establish and maintain a new system of waterworks, sewerage facilities, electric light and power plants, or gas plants, whenever it shall be necessary for the growth of the municipality and for the comfort and convenience of its inhabitants and consumers, and in order to do so they may acquire any land, easement or other privilege or property, either within or without the corporate limits of the municipality, by purchase, lease, contract or by condemnation as herein set out except that condemnation rights shall not apply to the property of an existing public utility company, and for the necessary operation and equipment of said system or systems, plant or plants, may erect, lease or rent buildings and machinery and other equipment; repair, extend, enlarge and improve the same, and enter into such other contracts as may be necessary to effectuate such purposes. Section 49. Be it further enacted that the provisions of this Act in regard to the purchase, lease, creating or installation of any waterworks system in and for said

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Town of Tignall, Georgia, shall not conflict in any way with the present waterworks system now in use in said municipality and provided for by the sale of Waterworks revenue anticipation certificates, nor shall it amount to the assumption of any debt or other obligation by the Town of Tignall, Georgia, connected with or arising out of the issuance and sale of such revenue anticipation certificates, but is intended to provide a method of supplementing the water supply of the inhabitants of the Town of Tignall, Georgia, and consumers living outside of the corporate limits, if the same ever shall become necessary. Existing waterworks system. Section 50. Be it further enacted by authority of the same that said mayor and council acting by and for the Town of Tignall, Georgia, shall have full power and authority to compel any resident or non-resident property owner owning land located within the corporate limits of the municipality, and over, across or upon whose property any water main, sewer main, pipes or drains now extend, or which may be hereafter extended, whether such property be occupied by the owner or a tenant of the owner, to connect the same with the water and sewerage systems now in use or that may hereafter be laid out by said municipality; to compel the property owners, tenants or others, using or controlling the land or buildings located thereon to pay the expenses of such connection, when done by themselves or done by the town; and authority is granted to the mayor and council, in the event the property owner or other person shall fail or refuse to make such connection or connections, within a reasonable time after being directed so to do, to make such connection themselves. If the property owner or other person shall refuse to pay for such expense, the same may be assessed and collected in the manner provided for the collection of taxes due the municipality. Connection with water and sewerage systems. The said mayor and council shall be authorized to and may require, any and all surface wells, drywells, cesspools, pits for disposal of waste and sewerage to be filled in at the expense of the property owner, and

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if he shall fail to do so after notification, the same may be done by the municipality with the expense to be borne by the property owner, with the right of the mayor and council to issue an execution against the owner for such expense and enforce the same in the manner provided for collection of taxes. The said mayor and council shall be authorized to pass any ordinance or resolution as may be necessary to carry out these provisions. Section 51. Be it further enacted by authority of the same that the mayor and council shall have full power and authority by ordinance or resolution to establish, maintain, equip and operate a fire department in and for said municipality; to provide for the pay and equipment of the personnel; to purchase any necessary building or buildings to house said fire department or the machinery, trucks, hose and other equipment used by the same; to purchase or contract for any trucks, ladders, hose, chemical wagons, chemicals, or any other machinery, accessories and equipment that may be necessary for the purpose and use of a modern fire department, and said mayor and council shall be authorized to make all needful rules and regulations in connection therewith. Fire protection. Section 52. Be it further enacted by authority of the same that said mayor and council acting by and for said municipality shall be authorized to enact all ordinances, rules and regulations necessary to lay out and prescribe a fire district or districts in said municipality, and to enlarge, change, or modify the limits thereof from time to time; to prescribe when, how and of what materials any building or buildings in such fire district or districts may be constructed, repaired or covered; how thick the walls shall be required to be, and what type of chimneys, stove pipes and flues are to be constructed; to provide for fire escapes, how they shall erected and of what materials, in any building in said municipality where the same are required, and generally to do any and all things necessary, by ordinance, resolution, rule or regulation,

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as will protect the inhabitants and property in said municipality from danger by fire. Fire protection. Said mayor and council shall have the right to order any change or changes in the construction or arrangement of any buildings, chimneys, stove pipes or flues, and to order the removal thereof, when in their judgement the same constitute a fire hazard, and may require the owner to pay the expense of such change or removal, and if said owner refuse so to do, after being directed to make such change or changes, the mayor and council shall have the right to remove, change or rearrange such building, chimney, pipe or flue at the expense of the owner, such expense to be collected from the owner in the manner provided for collection of taxes due the municipality. That said mayor and council shall have full right and authority to provide for the storage of gunpowder, ammunition, gasoline, oils, dynamite, naptha, benzine, tar, pitch, coal, rosin, kerosene, or any other combustible, explosive or inflammable chemical, material or substance, and may by ordinance prohibit the storage of same in said municipality when in their judgment the same constitutes a fire hazard or is dangerous to life, property or health. Section 53. Be it further enacted by authority of the same that said mayor and council acting by and for the municipality shall have the right by ordinance or resolution to provide for the issuance, granting or refusal of permits to erect, improve or change any building, or buildings, residential or business, fence, wall, or any appurtenance thereto, and shall be authorized to require any person, firm or corporation contemplating the erection, building or improvement of any property to obtain a permit before undertaking such erection or construction. Building permits. The person, firm or corporation contemplating such erection, building, improvement or change of any such property enumerated shall furnish to the clerk of the

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said mayor and council on a printed form to be furnished by said clerk, a description of the proposed erection, building, construction or improvement, where the same is to be located, when the work will start, the cost of same, and the materials of which the same will be constructed. This request shall be considered at any meeting, called or regular, by said mayor and council, when the applicant may be heard, together with any party or parties opposing or supporting the same, with such other evidence as the mayor and council may require. Where-upon, the mayor and council, by order entered on their minutes, shall grant or refuse such application, and if granted shall have the right to require such change or changes as they may deem necessary for the well being, safety and convenience of the municipality and the inhabitants thereof. Section 54. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the Town of Tignall, Georgia, or by any committee or other authority appointed by it or designated by the general law of this State, shall be authorized to promulgate and put into effect rules, regulations and ordinances, from time to time, and to amend, change or revoke the same, whereby the provisions of the Act of the General Assembly of Georgia of 1946 pages 191 et seq. (Chapter 69-8 Annotated Code of Georgia, supplement) and all laws amendatory thereof, relating to the planning for the future development of, and zoning and districting of said municipality for various uses and purposes, and for prohibiting other uses and purposes therein, may be put into full force and effect, with all the rights, restrictions and authority as contained in such law or laws and all Acts amendatory thereof. Zoning and planning Be it further enacted that said mayor and council shall be authorized to provide for the infliction of such penalty or penalties for any violation of such zoning ordinance, or ordinances, rules and regulations, as do not conflict with any other provisions of this Act. Section 55. Be it further enacted that said mayor and,

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council shall have the right to establish and maintain public parks, playgrounds, swimming pools or other places for public recreation and amusement, and to provide for the use thereof under such ordinances, rules and regulations as they may see fit. They shall be authorized, if they see fit to proceed under the provisions of the Act of General Assembly of Georgia approved February 1, 1946 (Ga. L. of 1946, p. 152 et seq.) and all laws amendatory thereof. Parks, playgrounds, etc. Be it further enacted that said mayor and council shall have the right to acquire by purchase, rent, lease or gift any cemetery or burying ground for the use of the public, either within or without the limits of the town, and shall have exclusive jurisdiction over the same, with the right to divide the same into lots, to construct, grade, pave and improve streets and sidewalks therein, to sell and convey the lots therein to any purchaser; to provide for the upkeep and maintenance of such cemetery or burying ground; to provide by ordinances, penalties for trespassing thereon; to regulate the charge for digging graves, and to do any and all things necessary for the upkeep, preservation and maintenance of any such cemetery or burial ground. Cemeteries. Section 56. Be it further enacted by authority of the same that said mayor and council may by appropriate ordinance rule or regulation, regulate the weighing, measuring and selling of cotton, hay, ice, coal, and all other commodities sold by weights and measures; to provide for the giving of honest weights and measures, and to provide ordinances, rules and regulations whereby a system of honest weights and measures may be enforced, and to provide penalties for infractions thereof. The provisions of this section shall apply to all persons, whether living within said corporate limits of the municipality or bringing any of such articles or commodities within the limits of said municipality for sale. Weights and measures. Section 57. Be it further enacted by authority of the same that said mayor and council acting for and on behalf

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of the Town of Tignall, Georgia, shall be authorized by ordinance or resolution to provide for the establishment of a board of health in and for said municipality, of which one member shall be a qualified physician, either residing within or without said municipality, and four other members, qualified voters and freeholders of said municipality, each member of said board to be appointed for a term of two (2) years, and until their successors are appointed and qualified, by each and every mayor and council hereafter elected, the term of office of said board of health to coincide with that of the mayor and council appointing or naming the same. No member of said board of health, other than the physician, who may also be named town physician, shall hold any other office under said Town of Tignall, Georgia, during his term of office. The said board of health shall meet at such times and places as they may determine, and shall make such recommendations to the mayor and council as they see fit and proper, touching the public health quarantine and sanitation within the municipality, and shall also make such further reports as they may be directed to make by said mayor and council. Board of health. Three members of said board of health shall constitute a quorum for the discharge of business, and any vacancies on said board shall be filled by the mayor and council for the unexpired term of the member or members dying, resigning or disqualified from serving. The said board of health shall be authorized to cooperate with any county, State or Federal board of health or similar agency, and to recommend to the mayor and council any provision or provisions relating to the public health, quarantine and sanitation that may be needed, which recommendations the mayor and council shall be authorized to put into effect and provide penalties for the violation of the same. Said board of health shall have full power to institute and enforce all sanitary measures necessary for the preservation of the public health, in any emergency or epidemic,

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in the same manner as if the same had been declared necessary by ordinance or resolution of the mayor and council. They shall exercise full power over the subject of quarantine, personal or otherwise, and provide penalties for the same, which penalties shall be approved and fixed by the mayor and council; they shall have power to declare by resolution what acts and things are injurious to the public health; how they shall be abated, and how the public health may be preserved by the suppression of contagious or infectious diseases. The said board of health shall have full supervision over sanitary conditions of the sidewalks, streets, roads, lanes, squares, parks and public places in said municipality, and of every place of business or private residence in said municipality; they shall have supervision of the sewers, drains, water-closets, and other places in said municipality where waste, garbage or sewerage is disposed of; they shall have authority to inspect and examine any public or private building, cellar, residence, and any premises within the municipality, and compel the enforcement of such sanitary regulations as are necessary; they shall have authority to declare what are unsanitary, infected places, or places likely to become unsanitary or infected, either on inspection or information satisfactory to themselves, and may establish such sanitary or quarantine regulations as may be necessary, with the approval of the mayor and council and not in conflict with any law of this State. They shall have power to recommend to the mayor and council that all undertakers, physicians, clergymen and magistrates, be required to make a report of all births, marriages and deaths occurring in said municipality, with which such persons may have had professional relations, such report or reports to be filed with the town clerk. The said board of health shall keep regular and correct minutes of all their proceedings which shall be left for safekeeping with the clerk of said town and shall be open to public inspection.

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The mayor and council shall, upon any report of the board of health declaring the existence of a nuisance dangerous to public health, within the limits of the municipality, take the necessary steps to abate such nuisance, the expense of abatement t be charged against the person or persons, firm or corporation, creating or maintaining the same; such expense to be collected in the manner provided by this Act for the collection of taxes, in the event the party responsible for such nuisance shall refuse to pay the expense of abatement. In addition to requiring the responsible party to pay for the abatement of said nuisance, the mayor and council shall be authorized to inflict such fine or punishment, or both, as is provided by this Act for the violation of an ordinance of the municipality. Nuisances In the event a board of health is not created in and for said municipality, said mayor and council acting for the Town of Tignall, Georgia, are authorized to enter into any agreement with a similar body acting for the County of Wilkes or the State of Georgia, for the performance of the functions and duties required of a board of health were one created. Section 58. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall have full power and authority to grant unto persons, firms and corporations franchises enabling them to carry on the business of a public utility within the limits of said Town of Tignall, Georgia, and for these purposes of the said utility or utilities, the said mayor and council shall be authorized to grant easements and rights-of-way over, in, upon, under, along and across the public sidewalks, roads, streets, lanes, alleys, parks, squares, places and grounds of such municipality, for the purpose of erecting, constructing, maintaining, repairing, improving or changing, any poles, stays, wires anchors, pipes, supports, cables, connections, mains, or any other accessory or equipment needed for the operation of the business of such utility or utilities within the present limit of the

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Town of Tignall, Georgia, or in such limits as may be afterwards defined, laid out or extended. The said mayor and council may determine the terms and conditions under which such franchise or franchises may be granted, renewed and extended, and for the term thereof. Franchises. Section 59. Be it further enacted by authority of the same that said mayor and council acting by and for the Town of Tignall, Georgia, shall have the full right and power to provide by ordinance or resolution rule or resolution for the operation of taxicabs, trucks, and any and all other vehicles operated for hire within said municipality for the transportation of persons, freight or other commodities; to provide for the inspection and weighing of same; to fix the rates of the fares and carriages thereon, and to fix and prescribe the penalties for the violation of any ordinance regulating the same. Carriages. The said mayor and council shall have the power and authority to prescribe the location of any bus or other depot for the public carriage of passengers or freight, and the place on said roads, streets, lanes, alleys or other public places, that may be used as a stopping place for the loading or discharge of persons or freight, when no regular depot is provided by the operator or operators of said buses, trucks or other vehicles transporting passengers or freight for hire. Section 60. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall be authorized to provide by ordinance or resolution for the acquisition, construction, building maintenance, improvement and upkeep of any slum clearance project, low cost housing project or other project necessary to the development, prosperity and health of said municipality, whether such project or projects be conducted by the municipality alone or in cooperation with any agency, board, department or bureau of the State or Federal government, and to that end and purpose shall have the right and authority to acquire by eminent domain as is provided by law,

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upon proper compensation being paid to the owner, any real estate, easement or other property necessary for such development, or the construction, building, maintenance and improvement of the same. The said mayor and council shall be authorized to comply with any and all provisions of the Urban Development Act of the General Assembly of Georgia, approved March 3, 1955 (Acts General Assembly of Georgia for 1955, page 354 et seq.) or as the same may be hereafter amended. Housing projects. Section 61. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall have the right to employ a city engineer and provide compensation for him to be paid out of the treasury of the municipality, who shall be charged with the overseeing and superintendence of all roads, streets, lanes, alleys, sidewalks, parks, squares, cemeteries, places of public recreation, and of any and all waterworks, gas, electric light or power plants, or other utility operating within said municipality, or if owned and operated by the Town of Tignall, Georgia, located without the corporate limits. City engineer. The said city engineer shall be elected for a term coinciding with that of each mayor and council now in office or hereafter elected, and shall be subject to discharge at anytime by said mayor and council if his services are unsatisfactory or no longer deemed necessary. The said mayor and council shall be authorized to prescribe the duties of such city engineer, and to provide for the hiring and pay of any assistant or assistants which they shall determine to be necessary. They shall also be authorized to employ and provide compensation for any other employee, casual or regular, to be paid out of the treasury, that may be required for the maintenance and upkeep of the sidewalks, roads, streets, lanes, alleys, parks, squares, cemeteries, or place of public recreation in said municipality, or for the maintenance and upkeep of any other property owned by said municipality and located without the corporate limits of said town.

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Section 62. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of said Town of Tignall, Georgia, shall have the power and authority to adopt and enforce ordinances, resolutions, rules and regulations for the protection of shade trees and shrubs in public places in said town, and to hinder and prevent the cutting or trimming of same by any public utility or its employees, unless the same is done under the direction of and with the approval of the mayor and council or a committee thereof. They shall have authority to cause to be removed any tree or trees, shrub or shrubs which in the judgment of said mayor and council hinders travel and traffic in said town, or which by reason of its age or condition is dangerous to persons or property. If the owner of the property on which any such tree or shrub is located fails or refuses to remove the same after reasonable notice from the mayor and council, they may proceed to have the same removed, the expense to be borne by the property owner, with the right to enforce the collection of such expense as tax assessments are enforced and collected. Trees. Section 63. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall be authorized to enter into any contracts authorized by law, with the State of Georgia, the United States of America, with any city, town or county within the State of Georgia, and with any agency, bureau, department, authority or institution of the State of Georgia, or the United States of America for a period not to exceed fifty (50) years, for the care, maintenance and hospitalization of the indigent sick, and may do any and all acts in connection therewith as provided in Article Seven (7) Section Six (6) of the Constitution of Georgia, shown as Chapter 2-59 Annotated Code of Georgia, and all amendments and laws hereafter passed. Indigent sick. Section 64. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall be authorized to

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provide for street improvements in the municipality under the provisions of Annotated Code of Georgia Chapter 69-4 and all laws amendatory thereof, especially the amendment approved February 15, 1952 as found Acts General Assembly of Georgia for 1952 pages 310 et seq. These powers shall be in addition thereto and not in conflict with the other powers vested in said mayor and council by this Act relating to improvement of streets, sidewalks and other public places in said municipality. Improvement of streets and sidewalks. Section 65. Be it further enacted by authority of the same that said mayor and council acting by and for said Town of Tignall, Georgia, shall be authorized by ordinance, resolution or contract, to comply with any of the provisions of the Act of the General Assembly of Georgia approved March 31, 1937 (Ga. L. 1937, p. 761 et seq., Annotated Code of Georgia Chapter 87-88) and all laws amendatory thereof known as the Revenue Certificate Law of 1937, relating to any revenue undertaking or undertakings as set out in said Act, and for any purpose named therein. Revenue certificates. Section 66. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall be authorized to make and incur temporary loans between January 1st and December 31st in each year to pay the expenses of such year, not to exceed seventy five (75%) percent of the total gross income of such municipality from taxes collected during the preceding year, upon compliance with all the provisions of Paragraph Four (4) Article Seven (7) of the Constitution of Georgia, (Annotated Code of Georgia Section 2-6004), and all laws amendatory thereof. Temporary loans. Section 67. Be it further enacted by authority of the same that the mayor and council acting by and for the Town of Tignall, Georgia, shall be authorized to issue bonds for public improvements in accordance with and under the provisions of the laws of Georgia now in force or that may be hereafter enacted. Improvement bonds.

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Section 68. Be it further enacted by authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, are hereby authorized and empowered to call elections by the qualified voters of said municipality in accordance with the provisions of the Constitution and laws of Georgia, and all amendments, Acts and Resolutions amendatory thereto, at such time or times as said mayor and council shall designate in conformity with law, to determine whether or not bonds shall be issued by the Town of Tignall, Georgia, for the purpose of providing funds to pay the pro-rata part, as set out in this Act, of the expense of constructing, reconstructing, paving, repaving, grading, regrading, improving or reimproving any or all of the sidewalks, streets, avenues, roads, lanes, alleys, squares, byways and bridges in said municipality or any other public place therein, or any portion thereof, for which said town would be liable under this Act; and for the purpose of providing funds for the construction, reconstruction, paving, repaving, grading, regrading, improving and reimproving of intersections of any road, street, lane, alley, avenue, bridge, square, or byway in said town, wherein the municipality would be solely liable for the payment of the assessments and charges under this Act; and for the purpose of providing the payment of the whole, or any part thereof, of the engineering fees or other expense for which said town would be liable as provided by this Act. Same. The said bonds to be issued and validated under the general laws of the State of Georgia relating to the issuance and validation of bonds by municipalities, and said mayor and council are authorized, empowered and required, in the event any such bonds are issued and validated, to levy and collect a tax annually during the life of said bonds, upon all the property in such municipality liable for such tax, in addition to all the other taxes assessed and collected by said municipality, in an amount sufficient to discharge, pay off and retire the bonded indebtedness that may be incurred under the laws of Georgia and under this Act, according to the manner of

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the issuance and validation of said bonds, and according to the terms, stipulations and tenor of the same, providing that the sum or sums realized for this purpose shall be used for no other purpose. Validation. Section 69. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall be authorized to provide a sinking fund for the retirement of any bond or bonds issued in pursuance of this Act as may be authorized by the laws of Georgia, and to invest and reinvest the same in such securities and in such manner as is authorized by law, said sinking fund to be used for the payment of any bond or bonds issued under the provisions of this Act and of the laws of Georgia and for no other purpose. Sinking fund. Section 70. Be it further enacted by authority of the same that said mayor and council acting for and on behalf of said Town of Tignall, Georgia, shall be authorized to issue refunding bonds in the event such municipality is not able to meet or reduce any bonded debt hereafter created as provided by Section 7, Paragraphs Six (6) and Seven (7) of Article Seven (7) of the Constitution of Georgia of 1945, any laws amendatory thereof, or any other law of Georgia now in force or that may be hereafter enacted, under such terms as shall be fixed by law or any commission acting under such law. Refunding bonds. Section 71. Be it further enacted by authority of the same that in the event any election for bonds called under the provisions of this Act and the laws of Georgia, shall be determined against the municipality, that the mayor and council of the Town of Tignall, Georgia, acting for and on behalf of said municipality, shall be authorized at anytime after the expiration of twelve (12) months from such election, to call another election under the provisions of this Act and the laws of Georgia, in which the qualified voters of said municipality shall be called upon to vote for or against the issuance of such bonds. Bond elections. Section 72. Be it further enacted by authority of the

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same that when any bonds shall be issued in accordance with the laws of Georgia and under this Act, they shall be validated in the manner provided by the laws of this State then in force. Validation. Section 73. Be it further enacted by the authority of the same that the mayor and council acting for and on behalf of the Town of Tignall, Georgia, shall be authorized to proceed in the manner provided by the laws of the State of Georgia to exempt new industries from ad valorem municipal taxes for the period of time specified by law. Taxation of industries. Section 74. Be it further enacted by authority of the same that the enumeration of the powers set out in this Act shall not be considered as the enumeration of all the powers possessed by the Town of Tignall, Georgia, acting by and through its mayor and council, or as a restriction on any powers possessed by said mayor and council acting for the municipality granted by the laws of this State. The said Town of Tignall, Georgia, acting by and through its mayor and council shall be authorized to pass all ordinances, resolutions, rules and regulations necessary for the general welfare of said town, and shall be authorized to enter into any contract, agreement or obligation for the promotion of the welfare and improvement of the municipality, and for the health, convenience and comfort of its inhabitants, which is now permitted or authorized by the laws of the State of Georgia or shall be hereafter permitted and authorized. Section 75. Be it further enacted by the authority aforesaid that in the event any paragraph, section, article, provision or provisions of this Act, in whole or in part as herein contained, shall be declared illegal by a court of competent jurisdiction, that such declaration shall not have the effect of destroying or impairing the validity of any other paragraph, section, article, provision or provisions of this Act, but the same shall remain in full force and effect.

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Section 76. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Apply for the Passage of Local Legislation. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia convening after the publication of this notice for the passage of the following bill: An Act to grant a new charter to the Town of Tignall, Wilkes County, Georgia, by re-incorporating the same, so that the municipal corporation shall be known as the Town of Tignall, Georgia, by repealing the prior Act incorporating the Town of Tignall in Wilkes County, Georgia approved August 22, 1907 and all amendments thereto; to define the corporate limits and provide for a mayor and five councilmen, prescribe their manner of election, terms of office, filling of vacancies, their rights, powers and duties; to provide for the retention in office of the present mayor and council until their terms expire; to provide that the Town of Tignall, Georgia, may contract and convey property, hold property, sue and be sued; to provide a system for the registration, qualification of voters and holding of elections; for the employment and pay of the officials of the municipality; to provide for the assessment, collection and enforcement of ad valorem, special assessments, business and license taxes and for the sale of property under levy of executions; to provide for the appointment of a city physician, city attorney and assistants; to provide for the establishment of a recorder's court, the trial and sentencing of offenders, and to define the rights, powers and duties of such recorder; to provide for the registration and licensing of businesses, professions, trades, vocations or callings; to provide for the inspection of premises and storage of dangerous articles; for the keeping, impounding of domestic animals and the inoculation, keeping and muzzling of dogs; to provide for methods of sanitation, the abatement of nuisances and the prohibition and removal

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of obstructions of streets, lanes, alleys or public places; to provide a method of paving and improving sidewalks, streets, lanes, alleys and public places in the municipality for the assessment of the cost thereof; for the condemnation of private property for public uses; for the establishment, improvement, equipment and maintenance of waterworks, sewerate, electric light and power, gas and other utility systems serving the public; to provide for a fire department, fire control and creation of fire districts; to provide a method of inspection of buildings considered fire or danger hazards and for the control of same; to provide a method of granting building permits, and of zoning and districting such municipality; to provide for the acquisition and upkeep of parks, playgrounds, swimming pools, recreation centers and public cemeteries; to provide a system of weights and measures and for the establishment of a board of health and the defining of their powers and duties to provide for the granting of franchises to public utilities; to provide for the regulation of public carriers for hire; to provide for compliance with any law, act or provision of the State or Federal government, or with any agency or department thereof for low cost housing projects, slum clearance, care of the indigent sick, with the Urban Development Act of the State of Georgia, the Revenue Certificate Act of Georgia of 1937, and to provide for the entering into contracts with the State or Federal government or any agency or department thereof in order to effectuate any of said purposes for the general welfare, health and prosperity of the inhabitants of the municipality and the public; to provide for the issuance of bonds for public improvements, for the levy of a tax to pay the same, for the funding of the public indebtedness and for other purposes. To provide that in the event any part of this Act shall be declared illegal that no other part shall be affected; to provide for the repeal of all laws in conflict with this Act. Henry Garrard, Member General Assembly from Wilkes County, Ga.

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Georgia, Wilkes County: In person before me, an officer of the State of Georgia authorized to administer oaths, appeared John E. Stoddard who being duly sworn certifies that he is the editor and publisher of the News-Reporter, a newspaper of general circulation published at Washington, Wilkes County, Georgia, the newspaper in which sheriff's advertisements are published and being the official organ of Wilkes County, Georgia. He further certifies that the foregoing and attached notice of intention to apply for local legislation, to-wit, granting of a new charter to Town of Tignall, Georgia, was duly published in said paper on the dates of December 8th., December 15th., and December 22nd. 1955, during a period of sixty days immediately preceding the introduction of said bill. /s/ John E. Stoddard. Sworn to and subscribed before me this December 29, 1955. /s/ Clement E. Sutton. Notary Public Wilkes County, Georgia. My commission expires Feb. 12, 1958. (Seal) Approved February 13, 1956. RIVERDALE CHARTER. No. 53 (House Bill No. 297). An Act to incorporate the City of Riverdale, in the County of Clayton and State of Georgia, and to supersede and to repeal the Act incorporating the City of Riverdale (Ga. L. 1951, pp. 2112-2119) and all Acts amendatory thereto, to provide for mayor and council for said city and organize a city government for said city; to define the boundaries of said city; to provide for the election of the officers of said city; to provide for the qualification of the voters in said city elections

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and to provide for qualifications of the officers of said city; to provide necessary taxes for the maintenance of city government of said city; to do all things necessary for the development of the said city in every line of good government; to give said city all authority by proper ordinances and resolutions that are not in conflict with the Constitution and laws of the United States nor the Constitution and laws of the state of Georgia; and for all other purposes that may be necessary for carrying on said government. Section 1. Incorporation. Be it enacted by the General Assembly of the State of Georgia , and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act, the inhabitants of the territory now embraced in the corporate limits of the City of Riverdale, located in the County of Clayton, located in the State of Georgia, be and are hereby incorporated under the name and style of City of Riverdale. Section 2. Corporate limits. Be it further enacted, that the corporate limits of the City of Riverdale shall include the following territory, to wit: one-half mile in each direction from where Main Street intersects the center of the old right-of-way of the Southern Railroad which point is in the center of Main Street 245 feet west of the center line of U.S. Highway Number 85, said distance to be in a radius from such point; also that territory beginning at a point at the north radial corporate limits of the City of Riverdale 200 feet east of the center of U. S. Highway No. 85 and running thence north 564 feet, more or less, to a public road; thence west along said public road 1700 feet more or less to the center of Georgia Highway Number 139; thence southeast 700 feet more or less to the radial corporate limits of the City of Riverdale; also that territory beginning at a point where the south line of Land Lot 139 intersects the east radial corporate limits of the City of Riverdale and running thence east 425 feet more or less to a made corner; thence north 1230 feet to a made corner; thence west 1075 feet more or less to the east radial corporate

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limits of the City of Riverdale; also that territory beginning at a point where the south side of Valley Hill Road intersects the southeast radial corporate limits of the City of Riverdale and running thence southeast along the south side of Valley Hill Road 50 feet to a made corner; thence south 1589.5 feet to a made corner; thence west 450 feet to a made corner and thence north 843.2 feet to the radial corporate limits of the City of Riverdale; also that territory beginning at a point in the center of U. S. Highway Number 85 where the south radial corporate limits of the City of Riverdale intersect said highway and running thence south along the center of said highway 1392 feet more or less to a made point; thence east 1055 feet to the west line of Land Lot 171; thence south along the west line of Land Lot 171, 2320 feet more or less to a made corner; thence east 1275 feet more or less to a made corner; thence north 2730 feet more or less to a made corner; thence east 275 feet to a public road; thence northwest along said public road 1260 feet more or less to the south radial corporate limits of the City of Riverdale; thence southwest along said radial corporate limits 958 feet more or less to the west line of Land Lot 171; thence south along said west land lot line 800 feet more or less to a made corner; thence west 561 feet more or less to a made corner and thence north 800 feet more or less to the south radial corporate limits of the City of Riverdale; also that territory beginning at a point in the center of U. S. Highway No. 85 where the south radial corporate limits of the City of Riverdale intersect said highway and running thence south along the center of said highway 2849 feet more or less to a made point; thence west 632 feet more or less to a public road; thence northwest along said public road 1244 feet to a public road junction; thence northeast along said public road 1734 feet to the south radial of the corporate limits of the City of Riverdale. Section 3. Corporate power. Be it further enacted, that from and after the passage of this Act the inhabitants of the territory described in Section 2 of this Act, located in the County of Clayton, State of Georgia, be

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and are hereby incorporated under the name and style of City of Riverdale and said City of Riverdale is hereby chartered and made a city under the corporate name of City of Riverdale and by that name shall have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of this State, or cities thereof, all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Riverdale as created by this Act: And the City of Riverdale as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and councilmen, such ordinances, bylaws, rules, regulations, and resolutions for the transaction of its business and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of Riverdale shall have the right and power to purchase, hold, rent, lease, sell, exchange, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements and hereditaments, and of whatever kind, and within or without the limits of said city and for corporate purchases said City of Riverdale created by this Act shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of Riverdale and its mayor and councilmen as a body corporate as heretofore incorporated. Section 4. Mayor and council; powers. Be it further enacted that the municipal government of the City of Riverdale shall consist of and be vested in a mayor and four councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad crossings, streets, railways, automobiles, bicycles, carriages, drays,

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hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, theaters, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; store-houses, hitching places, markets, slaughterhouses; garages, shops, mills, ginneries, factories, barbershops, soda founts, beer saloons, telegraph and telephone companies, gas, water, light and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city and for the preserving of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted of said powers alone, but shall include all and every other thing and acts necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Section 5. Powers and duties of mayor. Be it further enacted that the mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said

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council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of such said city; to inspect or cause to be inspected by one or more of the councilmen of the city the records and books of account of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper to preside in the police court of the City of Riverdale and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violations of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court of contempt of the council by imposing such sentence or penalty as may be authorized by ordinance by resolution of the council of said city, properly passed, in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Section 6. Impeachment of officers. Be it further enacted that in case the mayor or a councilman while in office shall be guilty of malpractice and willful neglect in office or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office.

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Section 7. Incumbents . Be it further enacted, that the present mayor and councilmen of said City of Riverdale shall continue in office for the term for which they were elected until their successors are elected and qualified, as provided in the next section of this Act, and said mayor and councilmen shall exercise all the powers and authorities conferred upon the council of said City of Riverdale, created by this charter. Section 8. Election, oath, meetings, and vacancies . Be it further enacted that on the second Saturday in December, 1956, and biennially thereafter, there shall be elected for said city, by the qualified voters therein, two councilmen, whose terms of office shall be for two years, who shall take office on the first Monday in January next, following their election, and who shall hold office until their successors are elected and qualified. On the second Saturday in December, 1957, and biennially thereafter, there shall be elected a mayor and two councilmen whose terms of office shall be for two years, who shall take office on the first Monday in January next following their election, and who shall hold office until their successors are elected and qualified. At the first regular meeting of the mayor and council, after their election, they shall meet in the city hall or other designated place in said city and then and there severally take, before some officer, authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Riverdale for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me God. Should the mayor or any councilman be absent from said meeting, he or they shall take oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special or called meetings as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened

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as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selection by the mayor and councilmen in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired term provided it does not exceed twelve months. Section 9. Declaration of vacancies. Be it further enacted that should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant, and the vacancy filled. Section 10. Conduct of elections. Be it further enacted, that elections held under this charter and all elections in which any subject or question is submitted to the qualified voters of said City of Riverdale shall be managed by three managers, whom the city council are authorized to designate, and any citizen of said city is eligible to be a manager who is eligible to be a manager of an election for members of the General Assembly, and may act as manager of said town election, and said managers, before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to the law, to the best of our skill and power, so help me God. Said managers shall keep or cause to be kept, copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting

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place, and to this end the mayor and council shall provide as many voting booths as may be necessary at any designated place for the holding of any election. The polls shall be opened at two o'clock in the afternoon and close at seven o'clock P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any election and of any clerk that may be necessary in holding any election for their services in holding such election, but such pay or compensation shall not exceed the sum of five dollars per day for each such manager or clerk. Section 11. Results of elections. Be it further enacted that the said managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Clayton County or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same, and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for mayor and councilmen, or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected.

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Section 12. Contests. Be it further enacted, that if the result of any election held in the City of Riverdale is contested, notice of said contest shall be filed with the Ordinary of Clayton County within three days after said election, and upon the payment in advance by the contestant, or contestants, to said ordinary of ten dollars, the said ordinary shall within two days after he received the same cause a copy of said notice to be served by the sheriff or his deputy on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said ordinary shall cause notice to be served on the mayor of the city; said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before the hearing. The contester shall pay to the sheriff, or his deputy two dollars in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said results of election is contested: contestee may set up any cross-grounds of contest. The contest may be heard at the Clayton County courthouse in Jonesboro, Georgia. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Section 13. Mayor pro tem. Be it further enacted, that the mayor and councilmen at their first regular meeting in January, 1957, and annually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor, or for a vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Section 14. Qualified voters. Be it further enacted, that all persons qualified to vote for members of the General Assembly of this State, and who shall have paid all taxes legally imposed and demanded by the authorities of said city, and shall have resided in the

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City of Riverdale ninety days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Section 15. Qualifications of mayor and councilmen and notice of candidacy. Be it further enacted, that no person shall be eligible for the office of mayor or councilmen of said city unless he shall have resided in said city one year immediately preceding his election and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilman, unless such candidate shall file with the clerk of said city fifteen days prior to the election in which he desires to be a candidate (legal holidays and Sundays excluded) his written notice that he desires that his name be placed on said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file above notice within the time above provided. Section 16. Registration of voters. Be it further enacted, that it shall be the duty of the clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day between the hours of nine o'clock A. M. and five o'clock P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book shall be again opened following:

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such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the date of the election, if then a resident, will have resided in said town for thirty days prior thereto, to allow such person to register his name and color recording on said book besides the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county six months, and in the City of Riverdale thirty days next preceding his registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the date of the next city election; that you are twenty-one years old; that you have paid all taxes due the City of Riverdale; that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto, or by some one authorized to do so for him. However, no person registering in said book shall be required to again register as a qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself by non-payment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Section 17. Registrars. Be it further enacted, that at the first regular meeting of the mayor and councilmen in January of each year, said mayor and councilmen shall elect and appoint three registrars who shall be registered and qualified voters in said city. It shall be

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the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in the form prescribed by the mayor and council. The compensation of such registrars shall be fixed by the mayor and council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of five dollars per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Section 18. Voters' list. Be it further enacted that the clerk of the City of Riverdale shall close the registration book ten days before any regular or special election, to be held in said city, at five o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up from said book a list of the qualified voters of said city, who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters' lists not later than five days prior to such election and certify said list to be true and correct and deliver same to the clerk of the City of Riverdale, and the said clerk shall certify that same has not been altered or changed since being delivered to him and on the morning of the election to be held in said city deliver said list to the election managers, selected to hold such election, and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake.

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Section 19. Appeals. Be it further enacted, that all persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, persons, to vote in such election and the decision of said board shall be final. Section 20. Purging of list. Be it further enacted, that the board of registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matter, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice by leaving the same at the most notorious place of abode of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons so notified as above provided, fail to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of person or persons if they find such person or persons are disqualified to vote in said election for any cause. Section 21. City officers. Be it further enacted, that

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at the first regular meeting of the mayor and councilmen in January, 1957, and annually thereafter, the mayor and councilmen shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of three thousand dollars for the faithful performance of his duties; a marshal who may be chief of police and as many policemen and policewomen as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take such oaths; perform such duties and give such bonds as the mayor and councilmen may by ordinance prescribe; provided, that all bonds of officers shall be made payable to the City of Riverdale. Said mayor and councilmen shall have the power and authority to suspend and remove said officers, on their discretion; and it shall be the duty of the mayor and councilmen to fix the salaries or compensation of said mayor and councilmen and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officers. However, the salary of the mayor of said city shall not exceed the sum of $75.00 per year, and the salary or compensation of the councilmen of said city shall not exceed the sum of $50.00 per year. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and councilmen have allowed the same. The mayor and councilmen may, at any time, employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and councilmen as above provided, in accordance with the limitations thereon as fixed by this charter. Section 22. Quorum. Be it further enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine questions

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before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said council the mayor or mayor pro tem., if he be presiding, shall be entitled to vote only in the case of a tie. The mayor shall have the veto power and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least three councilmen on an aye and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Section 23. Police court . Be it further enacted, that the mayor or in his absence or disqualification the mayor pro tem., or in the case of the absence of both the mayor and the mayor pro tem., any councilman of the City of Riverdale may hold and preside over a court in said city, to be called the Police Court for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed $250.00, imprisonment in the city prison or in the county jail, having previously arranged with the county officers, not to exceed sixty days, or to work on the streets in the city, or such other public places as the mayor or acting mayor may direct, not exceeding sixty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city shall not both be inflicted in any one case, and neither the

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punishment of confinement in the city or county jail, or that of a sentence to work in the city on the streets of said city shall be inflicted except as an alternative upon failure to pay such fine as may be fixed by the mayor or acting mayor. In addition to said above punishment, such fines imposed by the mayor or acting mayor may be collected by execution. Section 24. Commitment. Be it further enacted, that the mayor or mayor pro tem., in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction, to examine into the facts of the case and commit the offender or offenders to jail or bail them if the offense is bailable by a justice of the peace under the laws of this State, to appear before the Superior Court of Clayton County. Section 25. Arrests. Be it further enacted, that the mayor and councilmen of said city shall have the power to authorize by ordinance the marshal or policemen of said city to summon any or all bystanders to aid in the arrest of any person or persons violating any ordinances of said city, or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. It shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Clayton County, for a reasonable length of time. It shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or person who shall be guilty of a violation of any of the laws and ordinances of the City of Riverdale, which violation takes place in the presence of said marshal

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or policeman. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person charged with violating any of the ordinances of the City of Riverdale, provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to warrants signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any persons arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Section 26. Violations of ordinances: Arrest. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers, may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Section 27. Accusations, warrants, etc. Be it further enacted, that said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of

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the city ordinances and laws of this State and the procedure in such trials. Nothing in this section shall operate to repeal the ordinances of the City of Riverdale now in force prescribing the form of warrants, accusations, and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Section 28. Workgangs. Be it further enacted, that the mayor and councilmen of the City of Riverdale shall have power to organize one or more workgangs and confine therein persons who have been sentenced by the police court of the City of Riverdale, to work upon the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gang, and to enforce same through its proper officers. Section 29. Prisoners. Be it further enacted, that the mayor and councilmen may provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts and may appoint a custodian for same. The mayor and councilmen may contract with the proper authorities of Clayton County for the use of the common jail of said county for this purpose. Section 30. Appearance bonds. Be it further enacted, that the mayor or the mayor pro tem., when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem. and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule nisi at

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least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding, declared forfeited to the City of Riverdale. Section 31. Appeals, certiorari. Be it further enacted, that any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to board of councilmen; provided, the appeal be entered within two days after the judgment complained of is pronounced; and provided further, defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the mayor and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have right to certiorari to the Superior Court of Clayton County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to the superior court, and provided further, the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the police court, from certioraring the proceedings directly to the superior court. Section 32. Tax returns. Be it further enacted, that

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all persons owning property in the City of Riverdale shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of January 1st of each year; and the books for recording same shall be opened on January first and closed on April first of each year. Said property shall be returned by the property owner at the fair market value thereof. Section 33. Tax assessors. Be it further enacted, that the mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and councilmen shall fix the per diem compensation of said tax assessors, which shall not exceed the sum of five dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within thirty days after the close of the books for receiving returns, unless additional time

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is granted by the mayor and councilmen; When their return is made, said assessors shall appoint a time and place for the hearing of objections of their assessment, and they shall cause notice to be given to all persons whose property valuation has been raised, or doubled taxes assessed against their property, five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid to his last known address, shall constitute legal notice to him. Section 34. Appeals. Be it further enacted, that any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and councilmen of said city. Provided, said appeal be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by this appellant; said appeal shall be heard by said mayor and councilmen at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and councilmen of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Section 35. Collection of tax not on digest. Be it further enacted, that the mayor and councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto.

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Section 36. Tax executions. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions be issued against all persons who have not paid their taxes by the time fixed and defined by ordinances. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and the constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Section 37. Ad valorem rates. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Riverdale and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes, bonds and other evidence of debt, money used in banking and every other species of property in said city owned or held therein, if not exceeding ten (10) mills on the hundred dollars ($100.00) worth of taxable property; and for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said city authorities and to provide a fund for the payment of annual interest on said bonds a greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually, by the assessment, levy, and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire.

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Section 38. Streets, Sidewalks, etc. Be it further enacted, that the mayor and council of the City of Riverdale shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, direct and control the streets, sidewalks, lanes, alleys, square and lands of the City of Riverdale, and the grading of the same; to open up any street and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Riverdale without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said mayor and council of the City of Riverdale shall have full power and authority to remove or cause to be removed, any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Said mayor and councilmen shall have full power and authority to regulate (except as such power may be restricted by existing general law) the use of the streets, sidewalks and public grounds for signs, sign posts, awnings, telegraph, telephone poles, racks and for carrying banners, hand-bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interference with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company and collect the cost of such removal by execution. The mayor and council shall have full power and authority to regulate the use of the streets of the City of Riverdale for business purposes and

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no person, firm or corporation shall have the right to use the streets of said City of Riverdale for business purposes without first having obtained the consent, and license of the mayor and council of the City of Riverdale, provided, that such consent and license shall not be required of farmers using the streets of the City of Riverdale in selling and disposing of agricultural, grove, orchard, poultry, dairy, and other products grown, raised, and produced by them on farms operated by them. Section 39. Water. Be it further enacted, that the City of Riverdale is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. The mayor and council in their discretion, may extend any water or sewer line beyond the limits of the City of Riverdale, to provide service to customers living beyond the City limits, should it be deemed by said mayor and council to be financially beneficial to said city. Section 40. Dangerous substances, etc. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent, where deemed necessary, the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite or other combustible or explosive material or substance within the limits of said city; to regulate or prevent the

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firing of guns, pistols, and every kind of gaming or hunting within the corporate limits of said city. Section 41. Licenses. Be it further enacted, that said mayor and councilmen shall have full power and authority to require any person or firm, company or corporation whether non-resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city, if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment of all persons, firms, companies or corporations required by ordinances to pay said taxes, or take out said license for same who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fail to comply in full with all requirements of said ordinance made in reference thereto. Section 42. Brokers. Be it further enacted, that said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes that they may have paid. They shall have the power to license brokers in said city; define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Section 43. Other businesses. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams,

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ices, and such articles, all barber shops, beauty parlors, all oil mills, ice works, laundries, waterworks, theaters, picture shows, drays, hacks, taxis, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealers, immigrant agents, all insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by laws of this State. Also all circuses, side-shows and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Section 44. Violations. Be it further enacted, that at the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as hereinbefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal licenses and fixing the amount of such tax or license, and may, issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforcible in the same manner as town ad valorem tax fi. fas. Any person, firm, or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Riverdale, without having first procured such license and complied with all other requirements of said City of Riverdale, relating thereto, shall be guilty of a violation of the city ordinance provided for such license or tax, and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without

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having first procured said required license shall be a separate and distinct violation of said license ordinance; and prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against such said person, firm or corporation and the levy and sale of property belonging to such person, firm or corporation thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of Riverdale, requiring a license, prior to May 1st of any year, the mayor and councilmen shall add the sum of twenty per cent of the total amount of such license to such license fee, as a penalty for failure to procure same before May First; and if any person, firm or corporation shall, after May First of any year, commence, begin, or engage in any business, within the City of Riverdale, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council shall then add the twenty percent penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification of all businesses, and to fix the license or taxes to be paid by the different classes of businesses, and all other rules and regulations necessary and proper in the premises. Section 45. Revocation of licenses. Be it further enacted, that the mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Riverdale, and in the case of such, licenses shall be refunded. But no license shall be revoked, without giving written notice to the person, firm or corporation holding such license, such notice stating that reason or reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said mayor and council, the said notice setting forth the time and place of the hearing on the revocation

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of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the mayor and council whatever evidence he may desire touching upon the question of the revocation of such license. The decision of the mayor and councilmen of said city, revoking any such license, shall be final. Section 46. Sale of city property. Be it further enacted, that the mayor and council of said city shall have the power and authority to sell any property belonging to the said city and which shall become unnecessary and useless for city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest and best bidder for cash on the regular sales day on which sheriffs' sales are held and after advertisement of said sale once a week for four weeks in the newspapers of said county in which the sheriff's advertisements appear. Such sale shall be at the place and during the hour of the sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by sheriffs. Section 47. Animals. Be it further enacted, that the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of animals and fowls within the city limits or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals, when found upon the streets of said city, and to charge such fees for same as they may prescribe, and

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in addition thereto charge for the keep of such animals so impounded. Also when the owner or owners of such animals so impounded shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the mayor and councilmen. Section 48. Improvement bonds. Be it further enacted, that the mayor and council of the City of Riverdale are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay the expense of paving, repaving, improving or re-improving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provided for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said mayor and council are authorized, empowered and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act according to the manner of the issuance of said bonds, and according to the terms,

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stipulations and tenor of said bonds providing the sum raised for this purpose shall be used for no other purpose whatever. Section 49. City's share. Be it further enacted, that if the said City of Riverdale has in its treasury a sufficient manner of funds, the mayor and council may, by appropriate ordinance, direct that such money be expended for the purpose of paying the expense of improving such streets, avenues, alleys and public places and such expenditures shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such questions. Section 50. Sewerage and drainage. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said City of Riverdale and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private waterclosets, privies and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence or that may be thereafter allowed. When any system of sewerage or drainage shall be construed by said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions and assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving

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streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Section 51. Easements. Be it further enacted, that in case any sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right-of-way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easement, the damage shall be assessed as in cases of property taken for opening, straightening or widening streets under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Section 52. Delegation of authority to boards, committees, or officers. Be it further enacted, that said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Section 53. Sewerage and drainage system beyond limits. Be it further enacted that for the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Section 54. Sanitary assessments. Be it further enacted, that said mayor and councilmen shall have full

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power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the lot from the date of assessment. The execution shall be issued and enforced in said city. The amount so collected shall be used for sanitary purposes and assessments; provided, no residence lot shall be less than twenty-five feet front; and no business lot shall be less than twenty-five feet front; and provided further, the assessments shall not be made on vacant lots or residence lots subdivided. Section 55. Jurisdiction of city beyond limits. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Riverdale are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise the jurisdiction and police authority over any authority it may own or control without the limits of said city for sewerage or drains, and for a distance of two hundred yards in any direction from the boundary thereof, and shall have full power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city.

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Section 56. Eminent domain. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining a waterworks system, or sewerage system, or any of them; to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and side-walks of the city, provided that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 36-301 to 36-307, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Section 57. Draining or filling of lots or cellars. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should be a nuisance, or a board of health should recommend that said lot or cellars, be filled or drained, to cause the owners to fill or drain said lots, or cellars, to the level of the streets or alleys upon which said lot or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirement of said mayor and councilmen, by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen to have this work performed and the amount of money so expended in doing so collected by executions, and the sale under such execution shall pass the title to the property. Section 58. Nuisances. Be it further enacted that said mayor and councilmen may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Section 59. Intoxicating liquors. Be it further enacted,

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that the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect to be a place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen shall have full power and authority to abate as a nuisance any place in the city when said mayor and councilmen shall have reasonable cause to believe to be a place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender, or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and councilmen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Section 60. Communicable diseases. Be it further enacted, that said mayor and councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease to declare and maintain quarantine regulations against such diseases, and, punish for violation of any quarantine regulations of said city. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians at the expense of the town to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Section 61. Churches, cemeteries. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, and to regulate interment therein.

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Section 62. Franchises, easements, etc. Be it further enacted that the mayor and councilmen of said city shall have power to grant franchises, easements, and right-of-way over, in, under and on the public streets, lanes, alleys, parks and other property of said city. Section 63. Investigation of city affairs. Be it further enacted, that the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves, in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Section 64. Immoral conduct. Be it further enacted, that said mayor and councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Section 65. Houses of ill fame, etc. Be it further enacted, that said mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days' notice and any property owner or agents who shall rent to or suffer the same to remain on the premises, shall upon conviction before the mayor be punished as for a violation of the ordinances of the city. Section 66. Executions. Be it further enacted, that all executions in favor of the City of Riverdale for the enforcement and collections of any fine, forfeiture, assessment

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taxes or other claim, demand, or debt, shall be issued by the clerk and bear teste in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city and shall state for what issued and be made returnable to the mayor and councilmen of the City of Riverdale at least within ninety days after the issuing of the same; and it shall be the duty of the marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriffs' sales of real property or constables' sales of real property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriffs' and constables' sales, and to be made under the same rules and regulations as govern sheriffs' sales and constables' sales of similar property; and the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for sale under the executions for State and county taxes. Whenever any land is sold for taxes, redemption may be made by paying the purchaser the amount paid for said property at said tax sale as shown by the recitals in the tax deed, plus a premium of ten percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sale and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Riverdale and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due, no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs and after such property shall have been cried for a reasonable time, then any duly appointed or authorized

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agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale shall make to the City of Riverdale a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided and the marshal or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property as purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Riverdale. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriffs and constables to put purchasers in possession of property sold by them under the laws of this State. Section 67. Parks. Be it further enacted, that said mayor and councilmen of the City of Riverdale shall have power and authority to acquire, on behalf of the City of Riverdale by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purposes of this section. They shall have the right to draw on the ordinary expense fund of said city for such purpose. Section 68. Trees. Be it further enacted, that the mayor and councilmen of the City of Riverdale shall have

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the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council impedes or hinders travel or traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Section 69. Welfare powers. Bt it further enacted, that the mayor and councilmen of the City of Riverdale shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort and security, of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to do any and all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State.

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Section 70. Zoning and planning. Be it further enacted, that the mayor and council of the City of Riverdale may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt zoning and planning regulations and ordinances for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the location, height, kind and dimensions of buildings or other structures, including the type of material to be used in construction and regulations regarding the plumbing, heating, and electrical installations; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts and such districts may be of such shape and area as the mayor and council of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families or other group units to reside in or use said buildings; the public, quasi-public or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact and enforce any ordinances necessary to effectually carry out this section. Section 71. Vehicles. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks, and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noises from contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances

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for purposes and penalties and enforce the same for violation thereof. Section 72. Idleness, loitering. Be it further enacted that the mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violation thereof. Section 73. Fire protection. Be it further enacted, that the mayor and councilmen of said city may provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Section 74. Dog tax. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Section 75. City Code. Be it further enacted, that the mayor and councilmen of said city may cause to be codified all ordinances of said City of Riverdale, together with this Act, into one book to be known as The Code of the City of Riverdale, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Supreme Court of Clayton County, Georgia, for recording deeds. Said code shall be admitted in evidence in any of the courts of this State upon the certificate of the clerk of the said City of Riverdale, certifying the same to be the code of ordinances and laws of said town.

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Section 76. Bonds. Be it further enacted, that the mayor and councilmen of the City of Riverdale shall have power and authority to issue bonds for and in the name of said city for the following purposes, to wit: For purchasing lands, buildings; erecting buildings; improving property; purchasing equipment; purchasing improvements, paying for condemned property taken for public use; for building, equipping and maintaining waterworks, water supply system, sewers and sewer system, disposal plants, and for laying water mains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Section 77. Bond plans and specifications. Be it further enacted, that, before any proceedings towards the issuing of bonds for any of the purposes named in the preceding section, the mayor and councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information, all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications, and estimates of cost may be paid from current expenses, funds and/or from the proceeds of the bonds sold. Section 78. Bond elections. Be it further enacted, that before any bonds of said city shall be issued for any of the purposes named in Section 76 of this charter, the mayor and councilmen of said city shall, by appropriate resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for public published notice thereof, as provided by the Constitution

Page 2247

and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the before-stated purposes, as deemed expedient by mayor and councilmen provided, always, that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by said mayor and councilmen as hereinbefore provided, then and in such event said city's mayor and councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said mayor and councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the mayor and clerk of said city. Section 79. Sinking fund. Be it further enacted, that whenever any bonds are issued by said city, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Section 80. Temporary loans. Be it further enacted that the mayor and councilmen of said city shall have power and authority when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for this purpose.

Page 2248

Section 81. Revenue-producing projects. Be it further enacted, that said city, by and through its mayor and council shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue-producing projects and systems, to maintain and operate same, to prescribe, revise, fix and collect rates, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to finance the cost of construction and operation of same and to exercise all powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State and Acts amendatory thereof. Section 82. Existing ordinances. Be it further enacted, that all ordinances heretofore adopted by the mayor and councilmen of the City of Riverdale, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall remain in full force and effect, provided, that said mayor and councilmen of said City of Riverdale may at any time repeal, alter or amend any of said ordinances. Section 83. Repeal of laws. Be it further enacted that all Acts of the General Assembly of Georgia heretofore passed incorporating the City of Riverdale, Acts of 1951, page 2112, and all amendments thereto, and all provisions therein, which are inconsistent with this Act, are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 84. Validity of Act. Be it further enacted, that in the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining

Page 2249

part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Riverdale any powers or authorities in excess of any such permitted by the Constitution and laws of Georgia or the United States, then such powers or authorities given shall be construed to extend just so far as possible not to exceed the said authority of the General Assembly. Section 85. Effective date of charter. Be it further enacted, that the provisions of this charter shall become effective and in full force immediately after said charter is approved. Section 86. Conflict of laws. That all laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia, a bill to create a new charter for the City of Riverdale; and for other purposes. This the 5th day of December, 1955. Mayor and Council City of Riverdale. By: H. G. Voyles H. G. Voyles, Mayor (Seal Affixed) Georgia, Clayton County. This is to certify that the above notice of Intention to Introduce Local Legislation was published in the Forest Park Free Press and Clayton County News and Farmer, legal organ of Clayton County, on December 15, 22 and 29, 1955. /s/ J. C. Collins J. C. Collins. Business Manager

Page 2250

Sworn to and subscribed before me this January 4, 1956. /s/ Harold R. Banke. Harold R. Banke. Notary Public Georgia State at Large My commission expires April 26, 1958. (Seal Affixed) Approved February 13, 1956. CAMILLA STREET CLOSING. No. 54 (House Bill No. 26). An Act to amend an Act entitled An Act to create a new charter for the City of Camilla, and for other purposes, approved August 19, 1907 (Ga. L. 1907, pp. 505, 513) and several Acts amendatory thereof, so as to authorize the mayor and council of the City of Camilla to close that certain unnamed alley and/or street in the City of Camilla which runs in a north and south direction immediately west of the Butler Grocery Co. warehouse, south from West Oakland Avenue to Warsaw Street. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. The mayor and council of the City of Camilla is hereby authorized and permitted to close that certain unnamed alley and/or street in the City of Camilla which runs in a north and south direction immediately west of the Butler Grocery Company warehouse, south from West Oakland Avenue to Warsaw Street, and to convey to abutting property owners its rights, title and interest in and to the land where said alley and/or street is located. Closing authorized.

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Section 2. That all laws or parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that the undersigned, in response to a request by the mayor and council of the City of Camilla, intend to apply to the General Assembly of Georgia, at the January, 1956, session thereof for an amendment to the charter of the City of Camilla, authorizing the mayor and council of the City of Camilla to close that certain unnamed alley and/or street in the City of Camilla which runs in a north and south direction immediately west of the Butler Grocery Company warehouse, south from West Oakland Avenue to Warsaw Street. Frank S. Twitty, Representative from Mitchell County. Notice of Local Legislation. Notice is hereby given that the undersigned, in response to a request by the mayor and council of the City of Camilla, intend to apply to the General Assembly of Georgia, at the January, 1956, session thereof for an amendment to the charter of the City of Camilla, authorizing the mayor and council of the City of Camilla to close that certain unnamed alley and/or street in the City of Camilla which runs in a north and south direction immediately west of the Butler Grocery Company warehouse, south from West Oakland Avenue to Warsaw Street. Frank S. Twitty, Representative from Mitchell County. Georgia, Mitchell County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, B. Thomas Burson, who upon oath says that he is publisher,

Page 2252

of the Camilla Enterprise, the official newspaper organ in which sheriff's advertisements are published in Mitchell County, Georgia; and that the foregoing notice of intention to apply for local legislation affecting the mayor and council of the City of Camilla was published in the Camilla Enterprise on December 9th, 16th and 23rd. /s/ B. Thomas Burson. Sworn to and subscribed before me, this the 31 day of December, 1955. /s/ Hazel Bullard, Notary Public, Georgia, State at Large. My commission expires February 1, 1958. (Seal Affixed) Approved February 13, 1956. ATKINSON COUNTY COMMISSIONERSAMENDMENTS. No. 55 (House Bill No. 224). An Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson, approved July 23, 1931 (Ga. L. 1931, p. 380), as amended particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 236), so as to provide for a four year term of office for commissioner; to provide for a four year term of office for advisors; to provide for employment and compensation of a clerk; to provide for a list of receipts and disbursements each month; 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 office of Commissioner of Roads and Revenues in the County of Atkinson, approved

Page 2253

July 23, 1931 (Ga. L. 1931, p. 380), as amended particularly by an Act approved February 1, 1946 (Ga. L. 1946, p. 236), is hereby amended by striking from the ninth line of Section 3 of said Act the word two and inserting in lieu thereof the word four, so that said section as amended shall read as follows: Section 3. J. A. Gaskins is hereby named and appointed as the Commissioner of Roads and Revenues of Atkinson County, Georgia, to serve until January 1st, 1933, or until his successor shall be elected and qualified, and his successor shall be elected in the general election for county officers next preceding said date, to serve for a term of two years, beginning January 1st, 1933. The succeeding terms of the Commissioner of Roads and Revenues for Atkinson County shall be four years each, and succeeding commissioners shall be elected by the qualified votes of said county at the regular elections of county officers. Election and terms. Section 2. Said Act is further amended by striking from the ninth line of Section 4 of said Act, the word two and inserting in lieu thereof the word four so that said section as amended shall read as follows: Section 4. Joe Corbitt, a citizen of Atkinson County, Georgia, is hereby named and appointed as an advisor to said commissioner of roads and revenues for a period ending December 31st, 1933; and W. O. James, a citizen of said county, is hereby named and appointed an advisor to said commissioner of roads and revenues for a period ending December 31st, 1933; and their successors shall be named in the manner hereinafter provided for, for periods of four years. Advisor. Section 3. Said Act is further amended by striking Section 11 of said Act in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The Commissioner shall select and employ a clerk who shall be the clerk of the commissioner

Page 2254

of roads and revenues of said county, and who shall serve at the pleasure of the commissioner. The duties of said clerk shall be designated and prescribed by the commissioner and the remuneration for the services of said clerk shall be a sum fixed by the commissioner, but not to exceed the sum of $100.00 per month. Clerk. Section 4. Said Act is further amended by striking Section 15 of said Act in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. It shall be the duty of said commissioner beginning at the end of the month of January, and at the end of each month thereafter, to cause his clerk to make up a list of receipts of the county and the sources thereof, and of the disbursements or expenditures, and to whom and for the purpose made, and cause the same to be published in the official organ of said county each month. Receipts and disbursements. Section 5. The provisions of this Act are to become effective and operative on January 1, 1957. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Adv. Notice. Georgia, Atkinson County. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of an amendment to Section Three (3), Bill No. 17 entitled Atkinson Commissioner; office created (Ga. L. 1931, p. 381), to provide for a four (4) year term for the Commissioner of Roads and Revenues for Atkinson County, Georgia, instead of the previous two (2) year term contained in said Act, and, To amend Section Four(4) Bill No. 17, entitled Atkinson commissioner; office created (Ga. L. 1931, p. 381), to provide for four-year terms for the advisors to the

Page 2255

Commissioner of Roads and Revenue of Atkinson County, Georgia, instead of the previous Act calling for a two-year term for said advisors, and, To amend Section Eleven (11) Bill No. 17 entitled Atkinson Commissioner; office created (Ga. L. 1931, p. 383), to provide that the Commissioner of Roads and Revenues of Atkinson County, Georgia, shall select and employ a Clerk to the Commissioner of Roads and Revenues of Atkinson County, Georgia, instead of the previous provision in said Act calling for the clerk of the superior court of said county to act as clerk to said commissioner, and to provide that said commissioner shall have the authority to pay said clerk as remuneration for his services a sum to be fixed by said commissioner, but not to exceed the sum of $100.00 per month, and, To amend Section Fifteen (15) Bill No. 17 entitled Atkinson Commissioner; office created (Ga. L. 1931, p. 384), to provide that commissioner shall direct his clerk to make up a list of receipts of the county and the sources thereof, and the disbursements of expenditures, and to whom and for the purpose made, at the end of each month rather than at the end of each three months, and cause the same to be published in said county in the official organ of said county. It is the further intention of your legislator to amend said bill so that the amendments to this bill will become effective and operative on January 1, 1957. This the 3rd day of January, 1956. Waldo Henderson, Member General Assembly of Georgia, Atkinson County. 1-5-3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Waldo Henderson,

Page 2256

who, on oath, deposes and says that he is Representative from Atkinson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Atkinson County Citizen, which is the official organ of said county, on the following dates: Jan. 5, Jan. 12, Jan. 19, 1956. /s/ Waldo Henderson, Representative, Atkinson County. Sworn to and subscribed before me, this 23 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved February 13, 1956. TREASURER'S ASSISTANT IN CERTAIN COUNTIES. No. 60 (House Bill No. 143). An Act to amend an Act entitled An Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census, the clerk of the superior court (whether he be clerk of the superior court or ex officio clerk of another court or courts); the sheriff, the ordinary, the tax collector, the tax receiver, the treasurer; to make provisions regulating the carrying out of such charges: to regulate the collection and disposition of costs; to provide for deputies, clerks, and assistants to such officers; to provide for the payment of salaries and compensation of county officers, deputies, clerks, assistants and the county attorneys in such counties; to provide for the furnishing the sheriffs in such counties

Page 2257

with automobiles necessary for carrying on the work of his office and for the operation, upkeep and repair of the same; to provide for the necessary office expense of such officers and employees to provide that no county official, deputy, assistant or member of the board of commissioners of roads and revenues, nor any chairman thereof, shall be paid any extra compensation not provided by existing law except as to legitimate expenses duly authorized by such board; to authorize the transfer of any deputy, clerk, assistant or stenographer from one county office to another from time to time when the exigencies of the case may require same; to provide for the payment of county officers, deputies, clerks, assistants and the county treasurer and the county attorney by the treasurer of such county; and for the disbursement thereof by the sheriff, clerk, ordinary, tax collector and tax receiver as to their respective offices; to abolish county police in such counties, except as shall be done through the sheriff's office in such counties; to fix the compensation of the members of the board of roads and revenues of such counties; to fix the salary of the county attorney of such counties and to denominate the county attorney as an employee of such counties within the provisions of any laws dealing with employees; to repeal conflicting laws or parts of laws; and for other purposes, approved March 11, 1953 (Acts 1953, p. 3213), so as to strike therefrom Section 10 thereof and to provide in lieu thereof; that the treasurer in all such counties shall be entitled to one assistant who shall be paid a salary not to exceed $305.00 per month, who shall be named by the treasurer of such county and shall serve at the will of the treasurer and be discharged by the treasurer of such county, without any claims for any unearned salary or salaries; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled an Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 100,000 inhabitants,

Page 2258

nor more than 110,000 inhabitants under the 1950 United States census or any subsequent census, approved March 11, 1953 (Acts 1953, p. 3213), be, and the same is hereby amended by striking Section 10 and adding a new paragraph as follows: Act of 1953 amended. And that the said county treasurer shall be entitled to employ one assistant, whose salary shall be paid not more than $305.00 per month, and said assistant shall be named by the county treasurer of all such counties and shall serve at the will of the said county treasurer and be discharged by such treasurer without any claim for any unearned salary or salaries. Section 2. Be it further enacted that all laws and parts of laws in conflict with this amendment be, and the same are hereby repealed. /s/ W. W. Holley. /s/ R. Lee Chambers. /s/ Carl E. Sanders. Approved February 13, 1956. ALBANY CHARTER AMENDED. No. 62 (House Bill No. 93). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, particularly by an Act approved August 6, 1924 (Ga. L. 1924, p. 397), so as to provide that the voting age for voters in city elections shall be 18 years; 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 Albany, approved August 18, 1923 (Ga. L. 1923, p.

Page 2259

370), as amended, particularly by an Act approved August 6, 1924 (Ga. L. 1924, p. 397), is hereby amended by striking from Paragraph (8) of Section 20 the word and figure twenty-one (21) and inserting in lieu thereof the word and figure eighteen (18), so that when so amended, Paragraph (8) of Section 20 shall read as follows: (8) When any voter is challenged that fact shall so be written opposite his name on the list and also on his ballot, and he shall be required to take the following oath: `I do solemnly swear that I am a citizen of the United States and of the State of Georgia, that I have attained the age of eighteen (18) years and resided in the State for one year, in the County of Dougherty six (6) months and in the City of Albany three (3) months next preceding the election; that I have paid all the taxes which since the adoption of the present Constitution of this State have been required of me, and which I have had opportunity to pay agreeable to law, except for the year in which this election is held, and that I have not voted before at this election, so help me God.' Any voter who shall refuse to take the oath when challenged shall have his ballot rejected. Challenge of voters. Section 2. Said Act is further amended by striking from Section 21 the word and figure twenty-one (21) and inserting in lieu thereof the word and figure eighteen (18), so that when so amended Section 21 shall read as follows: Section 21. Only those persons who are citizens of the United States and who are eighteen (18) years of age, or will be so at the date of the election in which they offer to vote, and who have resided in the State, county and city twelve (12), six (6), and three (3) months respectively, or who will have so resided at the time of the election in which he offers to vote, and who have paid all taxes, State, county, and city, including street tax, which have been lawfully demanded of them, six (6) months prior to the election in which they offer

Page 2260

to vote, except for the year in which said election is held, and except where the election is held within six (6) months after the last due date of said taxes and who have not been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, or if convicted but pardoned, and who are not idiots or insane persons, and who have registered as hereinafter prescribed, shall be qualified voters of the City of Albany. Qualified voters. Section 3. Said Act is further amended by striking from Subparagraph (8) of numbered Paragraph 1 of Section 22 the word and figure twenty-one (21) and inserting in lieu thereof the word and figure eighteen (18), so that when so amended, Subparagraph (8) of Paragraph 1 shall read as follows: (8) A space for remarks; said spaces being so arranged that the voter's signature will immediately follow entry No. 6 and the following oath to be actually administered by the person in charge of said books to each person registering, shall be so arranged and placed in said book as to precede the voter's signature, to wit: I do solemnly swear that I am a citizen of the United States; that I have resided in the State of Georgia twelve (12) months, the County of Dougherty six (6) months, and the City of Albany three (3) months (or will have so resided at the time stated opposite my signature hereto); that I am eighteen (18) years of age, (or will be at the time set opposite my signature hereto); that I am not disqualified under either of the provisions of Section 2, Article 2 of the Constitution of Georgia of 1877; so help me God. Registrants' oath. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2261

Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1956 session of the General Assembly of Georgia a bill to amend the charter of the City of Albany so as to reduce the voting age for voters in the City of Albany to eighteen (18), and for other purposes. Jim Denson, G. Stuart Watson, Representatives, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and that an exact copy of the above notice was published in the Albany Herald on December 23 and 30, 1955, and January 4, 1956. This 9 day of January, 1956. /s/ James H. Gray. James H. Gray. Sworn to and subscribed before me, this 9 day of Jan., 1956. /s/ G. Stuart Watson, Notary Public, Dougherty County, Ga. Approved February 13, 1956. COLUMBUSLAND CONVEYANCE. No. 63 (House Bill No. 123). An Act vesting in the City of Columbus power and authority to sell and convey to the abutting owner on the west the fee-simple title to that part of Bay Avenue

Page 2262

in said city described as follows: Beginning at a point where the north line of Ninth Street intersects the present west line of Bay Avenue, said beginning point being also located at the southeast corner of city lot Number Four (4) in said city and running thence north, along the present west line of Bay Avenue and along the east line of said city lot Number Four (4), a distance of one hundred forty-seven (147) feet and ten (10) inches to the northeast corner of said city lot Number Four (4); thence east, along an eastern prolongation of the north line of said city lot Number Four (4), a distance of twenty-five (25) feet to a point; thence south, along a line parallel with and uniformly twenty-five (25) feet east of the present west line of Bay Avenue, one hundred forty-seven (147) feet and ten (10) inches to a point; thence west, along an eastern prolongation of the south line of said city lot Number Four (4) and along the north line of Ninth Street, twenty-five (25) feet to the point of beginning; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same: Section 1. That power and authority is hereby vested in the City of Columbus to sell and convey to the abutting owner on the west the fee-simple title to that part of Bay Avenue in said city described as follows: Beginning at a point where the north line of Ninth Street intersects the present west line of Bay Avenue, said beginning point being also located at the southeast corner of city lot Number Four (4) in said city, and running thence north, along the present west line of Bay Avenue and along the east line of said city lot Number Four (4), a distance of one hundred forty-seven (147) feet and ten (10) inches to the northeast corner of said city lot Number Four (4); thence east, along an eastern prolongation of the north line of said city lot Number Four (4), a distance of twenty-five (25) feet to a point; thence south, along a line parallel with and uniformly twenty-five (25) feet

Page 2263

east of the present west line of Bay Avenue, one hundred forty-seven (147) feet and ten (10) inches to a point; thence west, along an eastern prolongation of the south line of said city lot Number Four (4) and along the north line of Ninth Street, twenty-five (25) feet to the point of beginning. Part of Bay Avenue. Section 2. That said sale and conveyance may be made pursuant to a resolution to be adopted by the commission of the City of Columbus at any regular meeting, which resolution shall be effective immediately upon passage, the consideration to be paid for said tract of land to be in the discretion of said commission, the mayor and city clerk of said city being authorized to execute the deed of conveyance in the name of said city. Upon the execution and delivery of said deed, said part of Bay Avenue shall cease to be a public street. Conveyance. Section 3. That all laws or parts of laws in conflict herewith are hereby repealed. Section 4. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill, providing for this Act, into the General Assembly. Certificate of Publication. Notice of Intention to Apply for Local Legislation, City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1956, for the passage of a bill entitled as follows: An Act vesting in the City of Columbus power and

Page 2264

authority to sell and convey to the abutting owner on the west the free-simple title to that part of Bay Avenue in said city described as follows: Beginning at a point where the north line of Ninth Street intersects the present west line of Bay Avenue, said beginning point being also located at the southeast corner of city lot Number Four (4) in said city, and running thence north, along the present west line of Bay Avenue and along the east line of said city lot Number Four (4), a distance of one hundred forty-seven (147) feet and ten (10) inches to the northeast corner of said city lot Number Four (4); thence east along an eastern prolongation of the north line of said city lot Number Four (4), a distance of twenty-five (25) feet to a point; thence south, along a line parallel with and uniformly twenty-five (25) feet east of the present west line of Bay Avenue, one hundred forty-seven (147) feet and ten (10) inches to a point; thence west, along an eastern prolongation of the south line of said city lot Number Four (4) and along the north line of Ninth Street, twenty-five (25) feet to the point of beginning; and for other purposes. This 5th day of December 1955. Roscoe Thompson, City Attorney, City of Columbus, Georgia. December 9, 16, 23. Georgia, Muscogee County. Personally appeared before me, a notary public in and for said State and county, M. R. Ashworth, who on oath certifies and says that he is the publisher of The Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit, on December 9, 1955, December 16, 1955, and December 23, 1955. M. R. Ashworth. M. R. Ashworth.

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Sworn to and subscribed before me, this 23 day of December, 1955. /s/ H. L. Hollis, Notary Public, Muscogee County, Georgia. Seal Affixed. Approved February 13, 1956. SMYRNACORPORATE LIMITS EXTENDED. No. 64 (House Bill No. 358). An Act to amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), so as to increase the corporate limits of the City of Smyrna; 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 Smyrna, approved August 27, 1931 (Ga. L. 1931, p. 955), as amended, particularly by an Act approved February 25, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2591), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2656), is hereby amended by adding a new section to be known as 4 (c), which shall be inserted between Sections 4 (b) and 5 of said Act as amended, and which shall read as follows: Section 4 (c). There shall be included in the corporate limits of the City of Smyrna, in addition to the area described in Sections 4, 4 (a) and 4 (b) of this Act, as amended, all of the area embraced within the following described parcels and tracts of land:

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Parcel No. 1That portion of Land Lot #524 of the 17th District and Second Section of Cobb County, Georgia, and being Lots #2 and #3 of O. L. Timothy Subdivision, as per survey and plat made by C. H. Faulkner, C. E., dated March 6, 1930, and being more fully described as follows: Beginning at a point on Concord Road, 62 southwest of Pine Street, and running east 182, thence south 110, thence west 246 to Concord Road; thence in a north-easterly direction along Concord Road 124 to the point of beginning. Parcel No. 2That portion of Land Lot 484, Second Section, 17th District, Cobb County, Georgia. Beginning at an iron pin at the northeast intersection of Oakdale Drive and King Springs Road; thence running west along the north side of Oakdale Drive 549.8; thence north 205; thence east 549.8; thence south 205 and to the point of beginning. Description. Parcel No. 3Beginning at an iron pin on the west side of Kings Spring Road at the corner of Land Lot No. 484 and No. 483; thence running south along the west side of King Springs Road 171; thence west 1294 along the property of H. G. Poss to east side of McCaullie Street; thence running north along the east side of McCaullie Street 376 to the property of Bennett Realty Corporation in Land Lot 484; thence east along the property line of Bennett Realty Corporation 739 to an iron pin; thence south 205; thence east 555 and to King Springs Road and the point of beginning. Parcel No. 4All that tract or parcel of land lying and being in original Land Lots 419 and 446 of the 17th District, Second Section, Cobb County Records, being more particularly described as follows: Beginning where the center line of a branch intersects the north side of Cherokee Road in Land Lot No. 419 and running thence east along the north side of Cherokee

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Road for a distance of 990 to the property of V. L. Dunn; thence north along said Dunn property for a distance of 200 to an iron pin; thence east along the north side of Dunn property for a distance of 353 to the west side of Belmont Place; thence north along the west side of Belmont Place for a distance of 240 to an iron pin; thence west for a distance of 790 to an iron pin on the west line of Land Lot No. 446; thence north along said land lot line for a distance of 74.5 to the center line of said branch; thence southwesterly following the mean dering of said branch for a distance of 795 more or less, to the point of beginning. Parcel No. 5Beginning at a point on the west side of King Springs Road and running thence west along the dividing line of 526 and 527, 155 to a land lot corner; thence westerly along the dividing line between Land Lots 483 and 482 to the easterly right-of-way of South Cobb Drive; thence north westerly 95, more or less, along the easterly right-of-way of South Cobb Drive; thence northerly 232 more or less, along the easterly right-of-way line of McCaullie Drive to a point; thence north 89 east 1294 to the dividing line between Land Lots 483 and 526; thence north 89 east 88 to a stake on the westerly side of King Springs Road; thence southeasterly 316 along the westerly side of King Springs Road, to the point of beginning. Parcel No. 6All that tract of land lying and being in Land Lots 376 and 417, 17th District, 2nd Section, Cobb County, Georgia, Brannon Subdivision, as set out by survey in February 1955 by Robert T. Weaver, Surveyor, and being more particularly described as follows: Beginning at a point formed by the intersection of the east side of Land Lot 376 with the north side of Powder Springs Street (Smyrna-Powder Springs Road); thence westerly along the north side of said Powder Springs Street 210 to a point; thence north and parallel to the said east side of Land Lot 376 a distance of 1300 to a point on the south side of Land Lot 375; thence east

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along the south side of Land Lot 375 a distance of 210 to a point formed by the intersection of Land Lots 375, 376, 417 and 418 of said district and section; thence south along said east side of Land Lot 376 a distance of 504.5 to a point designated by an iron pin; thence easterly 290 to a point designated by an iron pin; thence south and parallel to the said east side of Land Lot 376 a distance of 823 to a point on the north side of said Powder Springs Street; thence westerly along the north side of said Powder Springs Street a distance of 302.2 feet, back to the point of beginning, being all that property known as Brannon Subdivision. Parcel No. 7Beginning at a point on the south line of Land Lot 526 and on east right-of-way line of King Springs Road; thence running north 11 56 west 540 to an iron pin; thence running north 88 08 east 1004 to an iron pin; thence running south 1 east 530 to south line of Land Lot 526; thence running south 88 08 west 903.8 along the south line of Land Lot 526, to a point of beginning. Parcel No. 8All that tract or parcel of land lying and being in Land Lot 412 of the 17th District and 2nd Section of Cobb County, Georgia, and being Lot 3 and part of Lot 2 of the T. A. Merritt property, as per plat recorded in Plat Book 6, Page 109, Cobb County Records, and being more particularly described as follows: Beginning at a point formed by the intersection of the north line of Land Lot 412 with the northeasterly side of South Cobb Drive; running thence southeasterly along the northeasterly side of South Cobb Drive for a distance of 579 to a point; thence running northeasterly for a distance of 335 to the east line of Land Lot 412; thence north along the east line of said Land Lot 412 for a distance of 326 to the north line of said Land Lot 412; thence west along the north line of Land Lot 412 for a distance of 680.77 to the northeasterly side of South Cobb Drive, and the point of beginning.

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Parcel No. 9All that land lying and being in Land Lot 446, 17th District, 2nd Section, Cobb County, Georgia, being Lot 12 and 60 of Lot 11, Belmont Land Co. Prop., as per survey by Watts and Browning, Engineers, dated November 16, 1955, and being more particularly described as follows: Beginning at a point on the east side of Belmont Place that is 310 north of the intersection of the north side of Cherokee Street with the east side of Belmont Place; thence east 543.6 to a point; thence northerly 360 to a point; thence west 509.4 to a point on the east side of Belmont Place; thence south 360 along the east side of Belmont Place, back to the point of beginning. Parcel No. 10All that tract or parcel of land lying and being in Land Lots 344, 345 and 377, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: Beginning at a point at the corner of the southeast corner of the intersection of Old Concord Road and Powder Springs Road, and running thence in an easterly direction along the southerly side of Powder Springs Road 1403.20to the westerly side of South Cobb Drive right-of-way, and running thence along the westerly side of South Cobb Drive 1319.70; thence west 1546.4 to the east side of Old Concord Road, and thence in a northerly direction along the easterly side of Old Concord Road 1184.8 to the point of beginning, being Blocks A, B, C and D of Concord Estates Subdivision, as per plat of survey by Thomas L. Grist, C. E., dated April 25, 1955. Also, all that tract or parcel of land lying and being in Land Lots 376 and 377, 17th District, 2nd Section, Cobb County, Georgia, and more particularly described as follows: Beginning at the corner of the southeast corner of the intersection of the right-of-way of South Cobb Drive and Powder Springs Road and running thence east along

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the south side of Powder Springs Road 541.20, thence in a southerly direction along the center of Stone Creek, following the meandering of Stone Creek 1232.30, then west 201.70 to the east side of the right-of-way of South Cobb Drive, thence in a northwesterly direction along the easterly side of the South Cobb Drive right-of-way 1326.2 and the point of beginning, being Blocks F and G of Concord Estates Subdivision, as per plat of survey by Thomas L. Grist, C. E., dated April 25, 1955. Parcel No. 11All that tract or parcel of land lying and being in Land Lots 489, 490, 519 and 520 of the 17th District and Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the north right-of-way line on Cherokee Road and the west right-of-way line of Atlanta Street; thence east bisecting Atlanta street to the west right-of-way line of the N. C. and St. L. Railroad, a distance of approximately 66; thence in a southerly direction along said right-of-way a distance of 1740.0 to a point on the radius or arc of the City of Smyrna original city limits line; thence in a westerly direction along said radius, and bisecting Atlanta Street, a distance of 300.0 to a point; thence north 17 - 00 west a distance of 450 to a point; thence north 58 - 00 east, a distance of 250.0 to a point on the west right-of-way line of said Atlanta Street; thence in a northerly direction along the west right-of-way of said Atlanta Street, and bisecting Cherokee Road, a distance of 1040.0, to the point of beginning. Parcel No. 12All that tract or parcel of land lying and being in Land Lots 450 and 451 of the 17th District and Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the center line of Stephens Street and running east along the south right-of-way of Church Street a distance of 510.0 to the point of beginning; thence north 89 - 00 east along the south right-of-way

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of said Church Street a distance of 315.0 to a point on the original radius or arc of the City of Smyrna city limits line; thence in a southerly direction along said city limits line and bisecting the southeast land lot line of said Land Lot 450 and the northeast land lot line of Land Lot 451 a distance of 400.0 to a point; thence west a distance of 540.0 to a point; thence north, a distance of 320.0 to a point on the south right-of-way line of said Church Street, which is the point of beginning. Parcel No. 13All that tract or parcel of land lying and being in Land Lots 375, 376, 345 and 346 of the 17th District and Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the west right-of-way line of South Cobb Drive and the northeast land lot line of Land Lot 346; thence east and through the intersection of Land Lots 346, 347, 374 and 375 and bisecting Glendale Place, a distance of 1700.0 to a point; thence south a distance of 1370.0 to a point on the south right-of-way line of Powder Springs Street; thence west along said right-of-way line, a distance of 1280.0 to a point on the west right-of-way line of said South Cobb Drive; thence north 17 - 00 west along said South Cobb right-of-way line a distance of 1390.0, to the point of beginning. Parcel No. 14All that tract or parcel of land lying and being in Land Lots 485 and 486 of the 17th District and Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersections of the north right-of-way line of Concord Road and the east right-of-way line of Dunton Street; thence in a northwesterly direction along the right-of-way line of Dunton Street a distance of 470.0 to a point where said right-of-way line intersects the City of Smyrna original city limits line; thence in a southeasterly direction along said city limits line a distance of 4300 to a point on the north right-of-way

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of said Concord Road; thence in a south westerly direction along said Concord Road right-of-way a distance of 3600 to the point of beginning. Parcel No. 15All that tract or parcel of land lying and being in Land Lot 486 of the 17th District and Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the center line of Clifford Road and running north 75-00 east along the north right-of-way of Medlin Street a distance of 390.0 to the point of beginning; thence north 470.0 to a point on the radius or arc of the original City of Smyrna city limits line; thence in a southeasterly direction along said city limits line a distance of 530.0 to a point on the north right-of-way line of said Medlin Street; thence south 75-00 west a distance of 350.0 to the point of beginning. Parcel No. 16All that tract or parcel of land lying and being in Land Lots 417, 448, 447, 489 and 449 of the 17th District and Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the northwest corner of Land Lot 417; thence east 1320 to the northeast corner of Land Lot 417; thence north along the southwest land lot line of Land Lot 447 a distance of 270 to a point; thence east and parallel to Land Lot 447 a distance of 1320 to a point on the southeast land lot line of said Land Lot 447; thence south through the intersections of Land Lots 447, 448, 489 and 490 a distance of 600 to a point on the northeast line of said Land Lot 448; thence north 72-30 east a distance of 400.0 to a point; thence north 57-00 east a distance of 450 to a point; thence south 38-30 east a distance of 425 to the radius or arc of the City of Smyrna original city limits line; thence along the radius or arc of said city limits line and through the intersections of Land Lots 448, 449, 488 and 489, and bisecting Powder Spring Street a distance of 2659.0 to a

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point; thence south 88-30 west a distance of 50 to a point; thence north 1-30 west a distance of 875 to the south right-of-way line of said Powder Springs Street; thence north 86-30 west along the south right-of-way line of said Powder Springs Stret a distance of 840 to a point; thence north 13-30 west a distance of 575 to a point on the southwest land lot line of said Land Lot 448; thence north a distance of 400 to a point on the northwest land lot line of said Land Lot 448; thence west 1320 to a point on the northwest land lot line of said Land Lot 417; thence north a distance of 560 to the point of beginning. Parcel No. 17All that tract or parcel of land lying and being in Land Lots 413, 452, 380, 379, 414, 415 and 378 of the 17th District and Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the southeast corner of Land Lot 413; thence west a distance of 850 to a point on the west right-of-way line of South Cobb Drive; thence along the west right-of-way line of said South Cobb Drive a distance of 2930 to a point; thence east a distance of 650 to a point on the southeast land lot line of Land Lot 378; thence north along the southwest land lot line of Land Lot 415 a distance of 270 to a point; thence east and parallel to land lot line 415, and bisecting Flagler Circle, a distance of 1320 to a point; thence south bisecting Church Street and through the intersections of Land Lots 414, 415, 450 and 451, and through the intersections of Land Lots 413, 414, 451 and 452 and bisecting Concord Road, a distance of 1950 to a point on the right-of-way line on the south side of said Concord Road; thence north 75-00 east along the right-of-way of said Concord Road, a distance of 150 to a point; thence south 5-00 east a distance of 430 to a point; thence west a distance of 180 to a point on the southeast land lot line of said Land Lot 413; thence south 500 to the point of beginning. Parcel No. 18That portion of Land Lot #346 of

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the 17th District and 2nd Section of Cobb County, Georgia, and being a tract of land containing 6.178 acres, more or less, as shown by a plat and survey thereof made by Merritt and Welker, Engineers, in October, 1952, said tract being more fully described as follows: Beginning at the intersection of the south original line of said land lot with the eastern side of the right-of-way of South Cobb Drive and running thence east along said original land lot line 275.4 to a point; thence north 15 min. east 687.6 to a point and corner; thence south 88 west for 516.8 to the eastern right-of-way line of said South Cobb drive; thence south 19 and 38 min. east, along the eastern right-of-way line of said South Cobb Drive, for a distance of 708. to the original point of beginning. Also, that portion of Land Lot 375 of the 17th District, Second Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at the southwest corner of Land Lot 375 (said beginning point being at the intersection of Land Lots 345, 346, 375 and 376); running thence north, along the west line of Land Lot 375, 652 to a point; running thence east 175, more or less, to a point which is located 25 west of the center line of a branch; running thence southeasterly 25 from and parallel to the center line of said branch 730, more or less, to the south line of Land Lot 375; running thence west along the south line of Land Lot 375, 530.4 to the southwest corner of said land lot and point of beginning. Said property is more particularly shown on a survey by C. R. Roberts, Engineer, dated October 24, 1952. Parcel No. 19That portion of Land Lot 452, 17th District and 2nd Section of Cobb County, Georgia, and being more fully described as follows: Beginning at an iron pin at the southwest corner of said land lot; running thence north 88 45 east, 508.7

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to an iron pin; thence north 0 44 west, 524.9 to an iron pin; thence south 86 19 west, 508.9 to an iron pin; thence south 0 42 east, 503.3 to the point of beginning. Also, a strip of land in said lot 37.5 wide, running from the northwest corner of said described property to Concord Road. Also a strip of land 18.75 wide along the west line of the property hereinabove described, together with a strip 18.75 wide immediately west of the above described strip, the two making a strip 37.5 wide. Also, a 20 strip on the south side of Land Lot 413 and any other property between said road and South Cobb Drve. Parcel No. 20All that tract or parcel of land lying and being in original Land Lot 448 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the south land lot line of Land Lot 448, 226 west of the southeast corner of said land lot; running thence west for a distance of 125 to a point and corner; running thence north for a distance of 200 to a point and corner; running thence east for a distance of 125 to a point and corner; running thence south for a distance of 200 to a point and corner and the point of beginning. Parcel No. 21All that tract or parcel of land lying and being in original Land Lot 448 of the 17th District, 2nd Section, Cobb County, Georgia, and being more particularly described as follows: Beginning at a point on the south land lot line of original Land Lot 448, 351 west of the southeast corner of said land lot, and running thence west for a distance of 299 to a point and corner; running thence north for a distance of 400 to a point and corner; running thence east for a distance of 299 to a point and corner; running thence south for a distance of 400 to a point and corner and the point of beginning. Parcel No. 22All that tract or parcel of land lying and being in Land Lot 526 of the 17th District and 2nd Section of Cobb County, Georgia, and being more particularly described as follows: Beginning at an iron pin located on the east side of King Springs Road, a distance of 153 north of the intersection of King Springs Road and Cliffwood Drive, and running thence east 150 to an iron pin; thence running northwesterly a distance of 100 to an iron pin; thence running west a distance of 150 to an iron pin located on the east side of King Springs Road; thence running southeasterly along the east side of King Springs Road a distance of 100 to an iron pin and the point of beginning. Parcel No. 23All that tract or parcel of land lying and being in Land Lot 557, 17th District and 2nd Section of Cobb County, Georgia, and being Subdivided Lot 17 of F. M. Collier Subdivision, as per plat made by J. P. Phillips, Surveyor, May 3, 1951, recorded in Plat Book 9, page 68, Cobb County Records, reference to which plat is had in support of this description, more fully described as follows: Beginning at a point on the west side of Northview Place at the northeast corner of Subdivided Lot 16; thence west 200; thence north 117 to an iron pin; thence east 200 to Northview Place; thence south 117 to the point of beginning.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher of The Marietta Daily Journal, who deposes and says that the following and

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attached notice of intention to apply for passage of a local bill to amend the charter of the City of Smyrna, so as to extend the corporate limits thereof; and for other purposes, was published in the Marietta Daily Journal in its editions of December 22 and 29, 1955, and January 5, 1956: M-1069 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1956 session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna, so as to extent the corporate limits thereof; and for other purposes. This 22nd day of December, 1955. Harold S. Willingham, Representative, Cobb County. 12:22-29 1:5 Deponent further says that the Marietta Daily Journal is a newspaper of general circulation in Cobb County, Georgia, is published daily except Saturday, and is the newspaper in which the sheriff's notices for the county are published for the calendar year 1956. This 6th day of January, 1956. /s/ Brooks P. Smith, Publisher, The Marietta Daily Journal. Sworn to and subscribed before me, this 6th day of January, 1956. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal Affixed) Approved February 13, 1956.

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VILLA RICA LIMITS EXTENDED. No. 66 (House Bill No. 165). An Act to amend the charter of the City of Villa Rica located in the counties of Carroll and Douglas approved March 24, 1941, and Acts amendatory, by extending the city limits of the City of Villa Rica as now defined so as to take in additional territory, including what is known as the limits of the Town of Fullerville in Carroll County, Georgia, adjacent and adjoining the city limits of the City of Villa Rica, Georgia, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia that the Act establishing a new charter for the City of Villa Rica of the counties of Carroll and Douglas approved March 24, 1941, and all Acts amendatory thereof be, and the same are hereby amended as follows: That the extension of the city limits of the City of Villa Rica shall include all of the limits of the corporate town heretofore known as the Town of Fullerville in Carroll County, Georgia, which said corporate limits of the said Town of Fullerville extend a radius of one-quarter () of a mile from the J. H. Hogue store located in the cement block building in the Town of Fullerville as defined by the Acts of 1916 incorporating the Town of Fullerville (Ga. L. 1916) approved August 8, 1916. Section 2. Be it further enacted that the said city limits of the City of Villa Rica shall extend and include all of the territory heretofore known as the Town of Fullerville in Carroll County, Georgia, as shown by the Acts of the legislature incorporating the Town of Fullerville, and that the said territory to wit: radius of one-quarter () of a mile from J. H. Hogue's storea cement

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block building, shall be and the same is hereby annexed to the city limits of the City of Villa Rica, and shall be included in the limits of the City of Villa Rica subject to the charter of the City of Villa Rica as approved on March 24, 1941, and all Acts amendatory thereof, and all ordinances and statutes of the City of Villa Rica and powers contained in the charter and Acts amendatory thereof and ordinances passed pursuant thereto by the governing authorities of the City of Villa Rica. Section 3. Be it further enacted, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Section 4. A copy of the notice of intention to apply for local legislation and affidavit of editor that said notice has been published as required by law, are attached hereto, and made a part of this Act as if fully set forth therein, and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to notice of intention to apply for local legislation has been complied with for the enactment of this law. Georgia, Carroll County. I, undersigned, do hereby certify that I am editor of the Carroll County Georgian, the newspaper in which sheriff's advertisements appear for Carroll County, and the attached advertisement was published in said newspaper on the following dates, to wit: December 22, 1955, December 29, 1955, January 5, 1956. This 5th day of January, 1956. /s/ Stanley Parkman. Sworn to and subscribed before me, this the 5th day of January, 1956. /s/ Lillian T. Moore, Notary Public.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the 1955 Adjourned Session of the General Assembly of the State of Georgia convening in January, 1956, to amend the charter of the City of Villa Rica approved March 24, 1941, by Acts of Legislature of State of Georgia, by extending the city limits of the City of Villa Rica as now defined so as to take in additional territory, including what is known as the limits of the Town of Fullerville as incorporated under Bill approved August 8, 1916, incorporating the Town of Fullerville. J. C. Brown, Mayor T. H. Waldrop W. Paul Camp Hoyt Easterwood W. A. Lewis Sam Black Councilmen City of Villa Rica. 12/22, 29, 1/5 Approved February 13, 1956. WAYNESBOROAD VALOREM TAX. No. 67 (House Bill No. 22). An Act to amend an Act creating a new charter for the City of Waynesboro, approved December 15, 1893 (Ga. L. 1893, p. 348), as amended, particularly by an Act approved December 13, 1902 (Ga. L. 1902, p. 709), so as to change the ad valorem tax rate for 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 Waynesboro, approved December 15, 1893 (Ga. L. 1893, p. 348), as amended particularly by an Act approved December 13, 1902 (Ga. L. 1902, p. 709), is hereby amended by striking from Section 17 the word

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six and inserting in lieu thereof the word ten, so that when so amended, Section 17 shall read as follows: Section 17. Be it further enacted, that said mayor and council shall have full power and authority by ordinance to assess, levy and collect an ad valorem tax on all property, real or personal, within the incorporate limits of said city, said tax not to exceed ten mills on the dollar for current annual expenses; that they shall have power and authority to tax, license regulate and control all taverns, hotels, cafes, restaurants, boarding-houses, when boarders are taken for less time than one month, livery stables, drays, carts, buggies, carriages and other vehicles run for hire, auctioneers, vendue-masters, itinerant traders, theatrical performances, shows, circuses, and exhibitions of all kinds, itinerant lightning-rod dealers, emigrant agents, clock and stove peddlers, peddlers of all kinds, itinerant dealers in jewelry and all other traveling or itinerant vendors of goods, wares, merchandise, liniments, or nostrums of every nature whatsoever; every kind of billiard, pool or bagatelle table kept for public use; every keeper of a shooting-gallery, ten-pin alley; upon the keeper of any other table, stand or place for the performance of games or play, whether played with stick, balls, rings or other contrivances; upon the keeper of flying-horses, bicycles, velocipedes, or skating-rinks, insurance agents, life and fire insurance companies, express agents, express companies, dealers in futures, loan agents, merchants and agents for any other business or calling whatsoever; keepers of slaughter-houses, beef markets and green groceries; upon every junk-shop, pawnbroker, and upon all other establishments, businesses, callings or avocations not heretofore mentioned, and which under the laws of Georgia are subject to a license or tax. Sec. 17 amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Burke County. Personally appeared before the undersigned officer;

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William C. Rogers, manager of the True Citizen, who says under oath that the copy of notice hereto attached appeared in the issue of the True Citizen on the date of December 22, 1955, December 29th 1955 and January 5th 1956, the said newspaper being published in the City of Waynesboro, said county, and being the official gazette of said county. /s/ William C. Rogers. Sworn to and subscribed to before me, this the 7th day of January, 1956. /s/ H. Cliff Hatcher, N. P. State of Georgia, at Large. Notice of Intention to Introduce Local Legislation. At the request of the mayor and council at their regular meeting held on Friday, December 9, notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia a bill amending the charter of the City of Waynesboro so as to authorize the levying of an ad valorem tax not to exceed ten mills; and for other purposes. This bill does not affect the tax levy for hospital purposes. This 10th day of December, 1955. F. M. Cates, J. W. Mobley, Representatives Burke Co. D22-29-J5-12 Approved February 13, 1956.

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McRAECOMPENSATION OF MAYOR AND ALDERMEN. No. 68 (House Bill No. 125). An Act to amend an Act creating the city charter of McRae, Georgia, approved August 1, 1918 (Ga. L. 1918, p. 745), as amended, so as to change the compensation of the mayor and council members of McRae; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the city charter of McRae, Georgia, approved August 1, 1918 (Ga. L. 1918, p. 745), as amended, is hereby amended by striking the words six hundred dollars in line 2 of Section 28 and inserting in lieu thereof the words twelve hundred dollars so that said Section 28 when so amended shall read as follows: Sec. 28, Act of 1918, amended. Section 28. The mayor, until otherwise provided by ordinance, shall receive a salary of twelve hundred dollars per annum. The mayor and council may fix by ordinance the salary of the mayor, however, but no change shall be made in the salary of the mayor during his term of office. He shall hold his office for a term of two years, and until his successor shall be chosen and qualified. He shall be the chief executive officer of the city and shall have a general supervision over all its affairs, sign all deeds and contracts, approve all bills and vouchers for the payment of money, and shall be clothed with the veto power as hereinafter set forth. It shall be his duty to see that the laws of the State and ordinances of the city are faithfully executed within the limits of the territory over which the city government extends. He shall keep the council advised from time to time of the general condition of the city, and shall recommend such measures as he may deem necessary or expedient for the welfare thereof. He may call the council together at any time when deemed necessary by him, and he shall preside over all meetings of the council. He shall preside over the police courts of said city, and shall exercise the duties of judge of the police court for the trial of violators of the ordinances of said city as hereinafter provided. Compensation of mayor.

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Section 2. Said Act is further amended by striking the word and figure five ($5.00) from Section 30 and inserting in lieu thereof the word and figure ten ($10.00) so that said Section 30 when so amended shall read: Section 30. The compensation of each alderman of the City of McRae shall be the sum of ten ($10.00) dollars for each attended regular or call meeting of the city council of the City of McRae, which said sum shall be in full of all compensation that any alderman shall be entitled to receive out of the treasury of the City of McRae. The mayor and council of said city shall have power to change by ordinance the salary or compensation of aldermen for their services as such, but compensation of such alderman shall not be changed during his term of office. Compensation of aldermen. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Telfair County. Personally appeared before the undersigned officer duly authorized to administer oaths, W. L. Bowen, who deposes and on oath says: I am owner and publisher of the Telfair Enterprise, the newspaper in which sheriff's advertisements for Telfair County, Georgia, are published. I hereby certify that the attached notice pertaining to a special bill to increase the salary of the council members and mayor of the City of McRae, Georgia, was published in said Telfair Enterprise once a week for three weeks during a period of 60 days immediately preceding its introduction into the General Assembly, as provided by law.

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This 9th day of January, 1956. /s/ W. L. Bowen. W. L. Bowen. Sworn to and subscribed before me, this 9th day of January, 1956. /s/ Sybil Stafford, Notary Public, Georgia, State at Large. My commission expires Sept. 19, 1959. (Seal) Notice is hereby given that a resolution will be made at the next session of the legislature of the State of Georgia to change the salary of the mayor and council members of the City of McRae, Georgia. This 14th day of December, 1955. 10-3t. Geo. E. Callihan. Approved February 13, 1956. MACONPENSIONS IN POLICE AND FIRE DEPARTMENTS. No. 69 (House Bill No. 75). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes; said described Act appearing

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on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or reenacting any section or subsection of said Act or Acts; to repeal Subsection (z) of Section 70 of said Act of 1927, as amended, relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund; to reenact in lieu thereof a new Subsection (z) of Section 70, relating to the same subject matter; and for other purposes. Be it enacted by General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts, be, and the same are, hereby further amended by repealing Subsection (z) of Section 70 of said Act of 1927, as amended, relating to the refund of accumulated credits of members of the fire and police departments in the fireman and police pension fund, and re-enacting in lieu thereof a new Subsection (z) of Section 70, relating to the same subject matter, and which shall read as follows:

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Section 70. (z). Whenever any member in the service of either of the fire or police departments shall sever his connection with such department, either voluntarily or by lawful discharge, or shall die from causes not attributed to his active duties in the departments, and is not then entitled to a pension under the provisions of this Act, all benefits to his widow and children shall likewise cease and the obligation of the pension fund shall be limited to the return of the accumulated credits of such member with such fund as of the date of such termination of his services with the City of Macon. In the event of reinstatement all monies so received under this section must be repaid into the pension fund within ninety days from the date of such reinstatement for benefits under this Act to be restored. In the event said funds so withdrawn are not so repaid, such member shall be entitled to benefits under this Act only from the date of his reemployment and as any other new member may be. Refund of accumulated credits. Section 2. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for 3 consecutive weeks, to wit: on the 23rd and 30th of December, 1955 and on January 6, 1956, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newpaper of general circulation in the County of Bibb in which the advertisements of the sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Andrew W. McKenna.

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Sworn to and subscribed before me, this 11 day of January, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My commission expires: Oct. 7, 1956. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1956 session of the General Assembly which convenes on Monday, January 9, 1956, to amend the charter of the City of Macon in the following respects: (1) By repealing Section 2 of said charter as amended relating to the corporate limits of the City of Macon and re-enacting in lieu thereof a new section to be known as Section 2 defining the corporate limits of the City of Macon; (2) To amend Section 17 of the said charter as amended relating to the challenge of voters by striking therefrom the hyphenated word twenty-one where it appears in said section and inserting in lieu thereof the word eighteen; (3) To amend Section 22 of said charter as amended relating to the mayor pro tem. so as to provide that he shall serve during the absence from the city or temporary disability of the mayor; (4) To repeal Section 33 of said charter as amended relating to the filling of vacancies among members of council, and to re-enact a new section to be known as Section 33 providing for the filling of a vacancy in the office of the mayor, and for the filling of vacancies among the members of council; (5) To repeal Section 41 of said charter as amended relating to the duties of city attorney, city recorder and

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other officers, and to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; (6) To repeal Section 56 of said charter as amended relating to the supervision and control of the police department and the fire department and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter; (7) To repeal Subsection (z) of Section 70 of said charter as amended relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund, and to re-enact in lieu thereof a new Subsection (z) of Section 70 relating to the same subject matter; (8) To repeal Section 111 of said charter as amended relating to the condemnation of land by the city and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter. The City of Macon will also apply for the passage of local legislation at said session to vest title in the City of Macon, its successors and assigns, to a certain portion of Pine Street in Square 74 located in said city and to authorize said city to close, vacate and abandon the portion of Pine Street involved. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 22nd day of December, 1955. C. Cloud Morgan, City Attorney. Approved February 13, 1956.

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WAYNESBORO CITY COURTCLERK'S FEES. No. 70 (House Bill No. 24). An Act to amend an Act establishing the City Court of Waynesboro in Burke County, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved August 11, 1904 (Ga. L. 1904, p. 227), and an Act approved February 25, 1949 (Ga. L. 1949, p. 1741), so as to change the fees for the clerks of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Waynesboro in Burke County, approved August 15, 1903 (Ga. L. 1903, p. 174), as amended, particularly by an Act approved August 11, 1904 (Ga. L. 1904, p. 227), and an Act approved February 25, 1949 (Ga. L. 1949, p. 1741), is hereby amended by striking Section 16 in its entirety, and in lieu thereof inserting a new Section 16, to read as follows: Section 16. Be it further enacted, that the clerk of the Superior Court of Burke County shall be ex officio clerk of the City Court of Waynesboro. The fees of the clerk of said court shall be the same as are now, or may hereafter be, allowed the clerk of the superior court in criminal cases disposed of in said court and in all civil cases, except in civil cases where the amount involved is five hundred dollars or less, in which case he shall receive the following fees: Filing declaration and docketing case, $1.00; issuing process and making copy, $1.00; for each additional copy, $1.00; each subpoena duces tecum, $.50; each commission to take testimony, $.50; recording judgment and proceedings, $2.00; each claim case, $1.50; for entire service issuing and docketing fi. fa., $.60. He shall also receive the following fees in all cases: For foreclosing a lien and recording, whole

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service, $3.00; for docketing, recording and filing proceedings in possessory warrant cases, whole service, $3.00; for taking and filing bond in possessory warrant cases, $.25; for docketing and filing search warrants and proceedings thereon, $.50; docketing distress or other warrants not provided for, $.25; for docketing, recording and filing proceedings in distress warrants, where a counter-affidavit has been filed and the issue tried, whole service, $2.00; for other services required of him by order of the judge or rule of court, such compensation as the judge of said city court may allow him by standing order on the minutes; for his services at regular terms of said court, he shall receive $10.00 per day, and for all suits brought to the quarterly terms of said city court over and above five hundred dollars principal, except as may be provided for herein, he shall receive the same fees as clerks of the superior court for like services; provided, further, that the clerk of the superior court shall give a bond in the sum of five hundred dollars, for faithful performance of his duties as clerk of the City Court of Waynesboro. Fees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Burke County. I, William C. Rogers, publisher of the True Citizen, Waynesboro, Georgia, the newspaper in which the sheriff's advertisements for Burke County are published, hereby certify that the above and foregoing notice was duly published in the True Citizen, at Waynesboro, Georgia, in its issues for December 15, 22, 29th, 1955, and that the above clipping was taken from the issue for December 29th, 1955. /s/ William C. Rogers Sworn to and subscribed before me, this the 6th (sixth) day of January, 1956. /s/ A. L. Hargrove Notary Public, Georgia State at Large. (Sealed affixed) Approved:

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to amend an Act creating the City Court of Waynesboro, so as to change the fees of the clerk of said court; and for other purposes. This 7th day of December, 1955. F. M. Cates. Approved February 13, 1956. AMERICUS CHARTER AMENDED. No. 71 (House Bill No. 120). An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and the several Acts amendatory thereof; to amend Section 2 of the Acts of 1951 (pp. 2061 to 2065) amending Section 13 of the Acts of 1950 (pp. 2230 to 2239) relative to the retirement benefits pursuant to said retirement system, and by amending same; to further amend said charter as amended by amending Subparagraph number (c) of Section 3 of the Acts of 1951 (pp. 2061 to 2065) amending Section 13 of the Acts of 1950 (pp. 2230 to 2239) relative to retirement benefits pursuant to said retirement system, and by amending same; to further amend said charter as amended, by amending Section 4 of the Acts of 1951 (pp. 2061 to 2065) amending Section 14 of the Acts of 1950 (pp. 2230 to 2239), relative to employees leaving the service of said city, and by amending same; and to further amend said charter, as amended, by amending Section 8 of the Acts of 1955 which amended the Acts of 1951 (pp. 2089 to 2090); and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. That a copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice, as required by law, are hereto attached and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945 relating to the publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. An Act establishing the Americus retirement system, approved February 8, 1950 (pp. 2230 to 2239), and as amended on January 31, 1951 (pp. 2061 to 2065), is hereby amended by striking the words $150.00 per month wherever the same appears in Section 2 of the Acts of 1951, and substituting in lieu thereof the words $200.00 per month wherever necessary, so said Section 2 as amended will read as follows: Retirement benefits. Provided that employees earning over $200.00 per month at the date of their retirement, or upon a five year average of their monthly salary, whichever is greater, as hereinabove provided, shall receive a retirement benefit of 50% of the amount of their salary up to the sum of $200.00 per month and 33% of the amount of their salary in excess of the sum of $200.00 per month, but said monthly benefits in no event to exceed the sum of $200.00 per month. Section 3. An Act establishing the retirement system for the City of Americus, approved February 8, 1950 (pp. 2230 to 2239), and as amended on January 31, 1951 (pp. 2061 to 2065), is hereby amended by striking Subsection (c) in its entirety and substituting in lieu thereof a new subsection to be known as Subsection (c) and to read as follows: Upon the death of any employee eligible to retirement

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benefits under this Act, or who has been retired under this Act, such benefits shall be payable to his widow until her death or remarriage, in the case of male employees. The term widow is hereby defined to be the wife of such employee who is legally married to such employee and is married to him upon his death who at the time was eligible to retirement benefits under this Act or the wife of the employee at the date of his retirement under the provisions of this Act. Marriage after retirement or remarriage after retirement of such employee shall not make his widow, upon his death, eligible for benefits herein provided. However, an employee who has retired pursuant to the provisions of the Americus retirement system and who has married or remarried subsequent to the date of his retirement, his widow is defined to be his wife legally married to him and residing with him on the date this amendment becomes effective. Retirement system: Benefits to widow. Section 4. An Act establishing the retirement system for the City of Americus, approved February 8, 1950 (pp. 2230 to 2239), and as amended on January 31, 1951 (pp. 2061 to 2065), is hereby amended by striking Section 4 thereof in its entirety which amended Section 14 of the Act of 1950, and substituting in lieu thereof a new paragraph, to read as follows: In the event any employee leaves the services of the City of Americus, for any reason other than retirement under this Act, the retirement board of trustees, or their successors in office, shall deduct from the contributions made by such employees to the retirement fund, and leave such deductions in said retirement fund, a percentage of the employee's contributions in conformity with the following scale, to wit: 50% of the employee's contributions if employee has remained in the services of the city for less than twelve (12) months; 33% of the employee's contributions if employee has remained in the services of the city for more than twelve (12) months and less than three (3) years; 25% of the employee's contributions if employee has remained in the services of the city for more than three (3) years and less than

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five (5) years; and 20% of the employee's contributions if employee has remained in the services of the city for more than five (5) years. After the required deduction is made, the retirement board of trustees shall deliver to such employee the remainder of his contributions made to the retirement fund. This amendment shall become effective and operative on the first day of April, 1956. Same: Return of contributions. Section 5. An Act establishing a charter for the City of Americus, Georgia, amended on February 1, 1951 (pp. 2089 to 2030 of the Acts of 1951) which amended Section 16 of the Acts of 1889 (pp. 961 to 975) and further amended on February 3, 1955 (pp. 2016 to 2030, Acts of 1955), is hereby amended, by striking said Section 16, as amended, and substituting in lieu thereof a new section, appropriately number 16, and to read as follows: That the mayor and clerk and treasurer and aldermen, and other elected or appointed officials and employees, shall have an adequate salary, to be fixed by annual ordinance. Salaries of officers. Section 6. If any portion or part of this Act or the application thereof be declared unconstitutional, the remainder of the Act or the application thereof shall not be invalidated. Section 7. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Sumter County: Personally came before me the undersigned officer, Rudy Hayes, who, after being duly sworn on oath deposes and says that he is the managing editor of the Americus Times Recorder, a newspaper published and having general circulation in the County of Sumter and the State of Georgia and being the newspaper in which the sheriff's advertisements for said county are published and that the attached notice of intention to ask for local legislation

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was published in said newspaper on December 23, 30, 1955 and on January 6, 1956. /s/ Rudy Hayes, Rudy Hayes, Managing Editor. Sworn to and subscribed before me on this the 6th day of January, 1956. /s/ Ann W. Sheffield Notary Public, State at Large, Georgia. My commission expires 8 day of Nov., 1958. (Seal) Legal Advertisements. Legal No. 4599. Notice of Intention to Apply for Local Legislation. Notice is hereby given by the undersigned, at the request of the mayor and city council of Americus, Georgia, pursuant to their authority, to introduce at the January, 1956 session of the General Assembly of Georgia, an omnibus bill, the caption of which is as follows: An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and the several Acts amendatory thereof; to amend Section 2 of the Acts of 1951 (pp. 2061 to 2065) amending Section 13 of the Acts of 1950 (pp. 2230 to 2239) relative to the retirement benefits pursuant to said retirement system; and by amending same; to further amend said charter as amended by amending Sub-paragraph number (c) of Section 3 of the Acts of 1951 (pp. 2061 to 2065) amending Section 13 of the Acts of 1950 (pp. 2230 to 2239) relative to retirement benefits pursuant to said retirement system, and by amending same; to further amend said charter as amended, by amending Section 4 of the Acts of 1951 (pp. 2061 to 2065) amending Section 14 of the Acts of 1950 (pp. 2230 to 2239), relative to employees leaving the service of the city, and by amending same; and to further said charter, as amended, by amending Section 8 of the Acts of 1955 which

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amended the Acts of 1951 (pp. 2089 to 2090); and for other purposes. This the 10th day of December, 1955. Mayor and City Council of Americus: By: J.E.Logan, Mayor Attest: A. D. Gatewood, Jr., Clerk. Legal Advertisment Number..... Notice of Intention to Apply for Local Legislation. Notice is hereby given by the undersigned, at the request of the mayor and city council of Americus, Georgia, pursuant to their authority, to introduce at the January, 1956 session of the General Assembly of Georgia, an omnibus bill, the caption of which is as follows: An Act to amend an Act establishing a new charter for the City of Americus, Georgia, approved November 11, 1889, and the several Acts amendatory thereof; to amend Section 2 of the Acts of 1951 (pp. 2061 to 2065) amending Section 13 of the Acts of 1950 (pp. 2230 to 2239) relative to the retirement benefits pursuant to said retirement system; and by amending same; to further amend said charter as amended by amending Subparagraph number (c) of Section 3 of the Acts of 1951 (pp. 2061 to 2065) amending Section 13 of the Acts of 1950 (pp. 2230 to 2239) relative to retirement benefits pursuant to said retirement system, and by amending same; to further amend said charter as amended, by amending Section 4 of the Acts of 1951 (pp. 2061 to 2065) amending Section 14 of the Acts of 1950 (pp. 2230 to 2239), relative to employees leaving the service of the city, and by amending same; and to further said charter, as amended, by amending Section 8 of the Acts of 1955 which amended the Acts of 1951 (pp. 2089 to 2090); and for other purposes.

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This the 10th day of December, 1955. Mayor and City Council of Americus By: J.E. Logan /s/ J.E. Logan, Mayor Attest: /s/ A. D. Gatewood, Jr. A. D. Gatewood, Jr., Clerk. (Seal) Dates of Advertisements: December 23, 30, 1955 and January 6, 1956. Approved February 13, 1956. CLARKESVILLE CHARTER. No. 72 (House Bill No. 98). An Act to repeal an Act creating a new charter for the City of Clarkesville, Georgia, approved August 18, 1917 (Ga. L. 1917, p. 581), and the several Acts amendatory thereof; to provide a new charter for said City of Clarkesville; to define the corporate limits thereof; to prescribe the powers of said city; to provide for a mayor and council; to prescribe the powers, duties, and qualifications and election thereof; to provide for the filling of vacancies; to provide for election by mayor and council of a mayor pro tem. and of a city manager; to provide for a city manager form of government; to provide for the hiring and firing of employees of said city and their compensation; to provide for a mayor's court and prescribe its powers; to provide for arrests of persons violating city ordinances; to provide for the giving of bond by such offenders, to provide for appeal from the mayor's court; to provide for ad valorem, license and occupation taxes, and prescribe the means of levy, collection and enforcement

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thereof; to provide for the issuance of bonds by said city and elections therefor; to provide for the establishing of streets, sidewalks, and other public ways in said city; to provide for parks and playgrounds; to provide for zoing and planning ordinances and fire districts; to provide for abatement of nuisances; to provide that all ordinances heretofore passed shall not be affected hereby; 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 Clarkesville, Georgia, approved August 18, 1917 (Ga. L. 1917, p. 581), and the several Acts amendatory thereof, are hereby repealed. From and after passage of this Act, the inhabitants of the territory embraced within the corporate limits as hereinafter set forth, located in Habersham County, Georgia, are hereby reincorporated under the name and style of the City of Clarkesville. Incorporation. Section 2. The corporate limits of the City of Clarkesville shall embrace and consist of the territory confined within the following described boundary: Commencing at the southeast end of Soque River bridge next to said city; thence up said river to a point opposite the original northwest corner, between lots two and twenty-three to where the river intersects the original land lot line between lots one and twenty-four, in the 12th land district of said county; thence to said corner between lots two and twenty-three and along the line between said lots Nos. two and twenty-three and three and twenty-two in said district and continuing in the same direction along the original land lot line between land lots two and twenty-three, three and twenty-two and four and twenty-one of said district until it intersects the southeast side of the right-of-way of the Tallulah Falls Railway; thence along the southeast side of said right-of-way until the southeast side of said right-of-way intersects the original land lot line between lots forty and forty-one, in the 10th land district of said county; thence north 30 west along

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said original lot line by the northwest corner thereof and continuing in the same direction along the original land lots lines twenty-one, and eighteen and nineteen in the 10th district of said county until the point is reached where the original land lot line between lots eighteen and nineteen in the 10th district as aforesaid intersects the eastern Soque River; thence up said river along the eastern bank thereof to the bridge, the place of beginning. Corporate limits. Section 3. Said City of Clarkesville shall by that name have perpetual succession, and is hereby vested with all the rights, powers and privileges incident to municipal corporations of the State of Georgia or cities thereof, and all the rights, powers, titles, property, easements and hereditaments within or without its corporate limits, now belonging or in any wise appertaining to said City of Clarkesville and as heretofore incorporated, shall be and are hereby vested in the said City of Clarkesville; and the said City of Clarkesville may, in its corporate name, sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and council, such ordinances, rules, bylaws, regulations, and resolutions for the transaction of its business, and welfare and proper government of said city as to said mayor and council may seem best, and which shall be consistent with the Constitution and laws of the State of Georgia and of the United States, and the said City of Clarkesville shall have the right and be able in law to purchase, rent, sell, exchange, enjoy, possess, and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands, tenements, and hereditaments, easements, and the right of eminent domain and of all property, real or personal, of whatsoever kind within or without the limits of said city for corporate purposes and said City of Clarkesville shall succeed to all of the rights of, and is hereby made responsible, as a body corporate, for all the legal debts, liabilities and undertakings of the said City of Clarkesville, and its mayor and council of the City of Clarkesville, as heretofore corporated. Corporate powers.

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Section 4. The municipal government of the City of Clarkesville shall consist of and be vested in a mayor and five councilmen; that said mayor and councilmen shall have full power and authority, from time to time, to make and establish rules, laws, ordinances, regulations, orders, and to prescribe penalties for violations thereof, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, railroad crossings, the regulation of speeds of automobiles, trains and other vehicles, the regulation of sales lots, sales stables, warehouses, hotels, tourist homes, apartment houses, restaurants, cafes, opera houses, theatres, picture shows, and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; store houses, markets, slaughter and packing houses; garages, shops, mills, factories, barbershops, soda founts, beer parlors, and sales places, telegraph and telephone companies, gas, water, light, and electrical companies, booths, stands, tents, stores, filling stations and other business establishments, common carriers, all sales and displays in said city and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and for the preserving of peace, good order and dignity of said government; said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of the State and the United States, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, and to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restrictive to said powers alone, but shall include all and every other thing and acts necessary or incident to municipal government allowed by the laws of the State of Georgia, and shall be construed as in addition to and in aid of such powers. Powers of mayor and council.

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Section 5. The mayor shall be the chief executive officer of the city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to appoint and be an ex officio member of all council committees; to exercise general supervision and jurisdiction over the affairs of the city with the agreement of counsel; to convene the council in extra session as frequently as he may deem necessary; to preside in the mayor's court or the police court of said city, and to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city and impose sentences therefor; to punish for contempt of court committed in the presence of said court in accordance with the ordinances of said city; and to do all things necessary and proper for the conduct of the affairs of said city. The mayor shall have veto power, and may veto any ordinance, order or resolution of the council, in which event the same shall not become a law unless subsequently passed over his veto by the vote of at least three councilmen on a yea or nay vote duly recorded in the minutes of said council; provided, however, the mayor shall not exercise his power of veto, unless he shall reduce the same to writing and file with the city clerk within four days after the passage of the measure vetoed. The mayor shall have the right to vote, in case of a tie, in all manners pending before the mayor and council. Neither the mayor nor any member of the council or the city manager shall enter into any contract or engage in any business dealing in behalf of said city or any department thereof with themselves. Powers and duties of mayor. (b) The mayor and council shall appoint a city manager, whose duties it shall be to conduct the business affairs of the City of Clarkesville; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of the city are faithfully executed and enforced; to see that all funds are properly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such

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measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected, the records and books of account of the officers of said city and see that they are properly and currently kept; to require such reports to be made by such officers, to him and the council, as they may deem proper; to see that order is maintained in said city and that its property and effects are preserved; to bind said city by signing any contract or obligation for supplies, materials or services, or other matters necessary for the transaction of city business and the maintenance and upkeep of city property; provided, no contract shall be entered into by said city manager involving the expenditure of more than $200.00 unless such contract or undertaking is first approved by the mayor and council. The compensation of the city manager shall be as may be provided by the mayor and council, and he shall be subject to removal by them at any time, with or without cause. City manager. Section 6. An election shall be held on the second Tuesday in December of each year to elect councilmen to fill the terms of those councilmen whose terms expire at the end of that year, and to fill the office of mayor in those years in which his term of office expires at the end thereof. The persons elected to the office of mayor and councilman shall serve for two years and until their successors are duly elected and qualified. The mayor and councilmen shall qualify for their respective offices at the first regular meeting of said mayor and council held in January (as provided in Section 18) next following their election. Nothing in this Act shall affect the offices of those persons presently serving as mayor and councilmen at the date of approval of this Act, but said officers shall serve out the remainder of their offices as hereinbefore may have been provided by law, and all officers elected or employed by the mayor and council prior to passage of this Act shall serve out the remainder of their original terms and until their successors are elected or appointed and qualified, unless sooner removed, suspended or discharged by the mayor and council of said city, which right and power is hereby given them. Mayor and council; election and terms.

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Section 7. Should there be a tie between two or more candidates for mayor or two or more candidates for councilmen in any election, then, in that event, the mayor and council then qualified shall within thirty days call another election to decide by popular vote of the voters of said city which of the tied candidates shall be elected, and such tied candidates nor either of them shall qualify until the special election above provided for has been held. Ties. Section 8. In the event vacancies occur in two or more of the offices, either of the council, or of one or more vacancies in the council and a vacancy in the office of the mayor, by death, resignation, failure to elect, removal from office, removal from city, or in any other way, a special election to fill such vacancies shall be ordered by the mayor and council; in the event of no mayor, then by the council alone; in the event of no council, then by the mayor alone; in the event of neither, then by any three or more citizens and voters of said city, giving public notice at least thirty days in any newspaper of said city prior to the date of such special election; provided, that if any vacancy shall occur within three months of the next regular election of the mayor and council, then, in that event, the mayor and remaining councilmen may, in their discretion, refuse to order such election, and await the regular election, but in the event there be not a quorum of the council as herein provided, then the mayor and council shall have authority to select some qualified voter, citizen and freeholder of said city, or as many of them as may be needed to form a quorum of said council of said city, who shall qualify in the same manner and form as the councilmen regularly elected, who shall have all the right and privileges for the remainder of the unexpired terms for which they are elected to fill as if they had been regularly elected, but the council, may, in their discretion, if the vacancy occurs within three months of the regular election, either elect or appoint members to fill said vacancy or may leave it to a vote of the citizens of said city, but it shall be mandatory upon said council to fill all such vacancies as are required to produce a quorum, as herein defined. Vacancies.

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Section 9. The mayor, or if no mayor, then the council of said city, whenever an election is to be held, shall, thirty days prior thereto, post at the city hall and publish in a newspaper published in said city a notice that an election will be held, giving the date of said election and the names of the managers thereof. Notice of elections. Section 10. Elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of the City of Clarkesville shall be managed by any three citizens of said city who shall be appointed by the mayor with the consent of the council; and said managers, before entering on their duties, shall each take and subscribe before an officer qualified to administer oaths, or before each other, the following oath: I solemnly swear that I will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to so do according to law, to the best of my skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their rights to cast their ballot without annoyance by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at a place or places as designated by ordinance for the holding of any election. The polls shall open at 7:00 A. M. E. S. T., and close at 6:00 P. M. E. S. T. The mayor and councilmen shall determine and provide for the payment of the election managers and of any clerks that may be necessary in holding any election. Conduct of elections. Section 11. After the expiration of sixty days from the date of said election, the mayor and council shall order the clerk of said council to burn up the ballots of said election in their presence without examining them or allowing the same to be done; provided, no written notice of a contest shall have been filed as provided by this Act. Disposal of ballots.

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Section 12. The election managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the clerk or city manager of said city, who shall safely keep the same. It shall be the duty of the mayor to call a special meeting of the mayor and council for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk or city manager to deliver said sealed ballot box to the mayor who shall open the same in the presence of the council and declare the results. The person receiving the highest number of votes for the respective offices shall be declared elected. Results. Section 13. Anyone desiring to contest an election, whether such election was held for the purpose of electing officers of said city, or for determining any other question submitted to the voters of said city, shall proceed as provided under Section 34-3001 of the Code of Georgia, or by such other general laws as may hereafter be provided by the General Assembly. Contests. Section 14. The mayor and councilmen at their first regular meeting shall elect one of the councilmen as mayor pro tem., who shall in the case of absence or disqualification of the mayor, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. Section 15. All persons qualified to vote for members of the General Assembly of this State who shall have resided in the City of Clarkesville one year prior to the election at which they offer to vote and who shall have registered as may be required by ordinances adopted by the mayor and council governing registration in said city, shall be qualified to vote at any election provided for in this charter. Qualified voters. Section 16. No person shall be eligible for the office of mayor or councilman of said city unless he shall be a

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freeholder, owning real estate in said city; shall then be a resident of said city; shall have resided in said city not less than (18) eighteen months immediately preceding his election; and shall be a qualified voter in municipal elections for officers of said city; shall have not been convicted of any crime involving moral turpitude; and shall have been registered under the registration ordinances which may be in force at that time in said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in an election for mayor or councilman, unless such candidate shall file with the clerk of said city, fifteen days prior to the election in which he desires to be candidate, his written notice that he desires his name to be placed on said ballot as a candidate for either mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide for by ordinance. Qualifications of mayor and council. Section 17. The persons elected for mayor and councilmen in the election held in December next preceding shall appear at the council chamber on the first Monday night in each and every January, or so soon as practical thereafter, and take and subscribe to the following oath, before any judicial officer of the State of Georgia authorized to administer oaths, which shall be spread upon the minutes of the city council: I,....., do solemnly swear that I will well and truly perform the duties of mayor (or member of council, as the case may be) of the City of Clarkesville to the best of my skill and ability, without favor or affection; that I will adopt such measures, rules and regulations as in my judgment shall be best calculated to promote the welfare of the inhabitants of said city, so help me God. Said oath shall be subscribed to by each of said officers and then entered upon the minutes as aforesaid and they shall forthwith enter upon the discharge of their duties. Their oath. Section 18. The mayor and council shall have full power to prescribe the place for their regular sessions and to prescribe rules of procedure therefor. The mayor

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shall have power to convene the city council in special sessions whenever he deems it proper, and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. The regular time of meeting shall be the first Monday in each month. Meetings. Section 19. The mayor and three councilmen shall constitute a quorum of the mayor and council of said city for the transaction of business, except in special cases herein provided for; in the absence of the mayor, the mayor pro tem., and three councilmen shall constitute a quorum, and in the absence of a quorum, any one or more members present at an adjourned or regular session may adjourn from time to time by proper entry on the minutes and compel the attendance of absentees which power is hereby given them. Same. Section 20. For each year, upon recommendation of the city manager, the mayor and council shall by proper ordinance elect and appoint such officers and employees as they deem necessary for the best interest of the City of Clarkesville, including a recorder, a marshal or marshals, fire chief, city clerk, treasurer, attorney, auditor, city tax collector and such other officials and employees as they may prescribe. The mayor and council may also, by ordinance, provide for the creation and appointment of a planning commission, as provided by an Act approved January 31, 1946 (Ga. L. 1946, pp. 191-203), and all amendments thereto now existing or hereafter enacted. The mayor and council shall pass such ordinance and make such disbursements as will carry out the provisions of any such planning and zoning commission. Officers and employees. Planning. Section 21. The mayor, or in his absence or disqualification the mayor pro tem., and in case of the absence or disqualification of both the mayor and mayor pro tem., a recorder appointed by the mayor and councilmen, may as often as necessary hold and preside over a court in said city, to be called the mayor's or police court, for the trial of all offenders against the laws and ordinances

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of said city. Said court shall have the power to preserve evidence, issue warrants for the violation of ordinances of said city or violation of State laws, compel the attendance of witnesses, compel the production of books and papers to be used as evidence, punish for contempt and to act as a committing magistrate. Said mayor, mayor pro tem., or recorder shall have no power to try any alleged offender without first having written charges preferred against such alleged offender. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed three hundred ($300.00) dollars or imprisonment, at such place as the city authorities may determine upon, not to exceed six months, or both, or to work on the streets or such other public places as the mayor or acting mayor or recorder may direct, not to exceed six months. Police court. Section 22. When any arrest is made by the marshal of said city or his deputies he may take bond for the appearance of any such person arrested for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor, mayor pro tem., or recorder. It shall be lawful for the marshal or any policeman of said city to arrest without warrant any person or persons within the corporate limits of said city who at the time of said arrest is violating any ordinance of said city, or who is suspected of having violated any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine any person arrested by them in the city prison or in the jail of Habersham County, for a reasonable length of time. The marshal or policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating the criminal laws of this State. The marshal or policemen of said city, if deputized, are also authorized to make arrests anywhere within the limits of Habersham

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County of any person charged with violating any of the ordinances of the City of Clarkesville. Arrests. Section 23. When any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations, or rules of said city, the mayor, mayor pro tem., or recorder, may for good cause shown, continue the hearing to a later day, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, in failure whereof, he shall be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor, mayor pro tem., or recorder and an execution issued thereon by serving the defendant, if any to be found, and his sureties with rule nisi, at least ten (10) days before the hearing thereon. The mayor, mayor pro tem., or recorder shall also have power and authority to allow the city clerk to accept cash in lieu of the bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for the said trial, the cash so deposited shall, by order of the officer presiding, be declared forfeited to the City of Clarkesville. Appearance bonds. Section 24. The city marshal shall maintain in a well-bound book, a complete itemized statement, properly dated, of all receipts for the city showing the amount, from whom received, and for what purpose. Section 25. Any person convicted before the mayor, or other presiding officer of the said court, and being dissatisfied with the judgment therein shall enter first a written appeal from the judgment of said court to the board of councilmen; provided, the appeal shall be entered within four days after rendition of the judgment complained of, and provided further, the defendant gives bond to abide the final judgment of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early as practicable thereafter, and in no event later than the next regular council meeting unless continued by consent, hear and determine said

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case so appealed, and shall investigate the case as fully as if the same had never been tried; that is, de novo. They shall have the power, if they find the defendant guilty, to decrease the fine imposed by the mayor, mayor pro tem. or recorder and/or may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have right of certiorari to the Superior Court of Habersham County, Georgia, provided all costs are first paid and bond and security given as provided in 19-214 of the Ga. Code, to answer the final judgment rendered in the case; and provided, further, nothing in this section shall prevent the defendant who desires to appeal his case, as above provided, or to certiorari the same to a higher court, and provided further, the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to await the final judgment of the appeal mentioned. Appeal and certiorari. Section 26. (a) All persons owning property, both real and personal, within the city limits of the City of Clarkesville shall be subject to pay an ad valorem tax thereon not to exceed six mills for ordinary current expenses, to said city, and the lien for said tax shall attach as of January first in each year. The taxable property within the limits of said city shall have a value for taxation placed thereon by a board of tax assessors who are citizens and residents of said city, and who are qualified voters. The taxable value to be fixed shall be the fair market values as of January First of that year. The board of tax assessors above provided for shall be appointed by the mayor and council and shall serve at the pleasure of said mayor and council. The mayor and council shall have authority to employ such technical, clerical, and expert assistance as in their discretion the assessors may need, and the compensation therefor shall be fixed by such mayor and council upon recommendation of the city manager. All property of whatever kind or character subject to taxation shall be returned and valued for taxation on or before the 31st day of March of each year, and upon failure to make such return, the owner of such

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property shall be liable for double taxes upon such returned property. Taxation Tas assessors (b) When the board of tax assessors shall make a correction in, change, lower or raise the valuation on the property of any person, firm or corporation, or double tax any person, firm or corporation or otherwise penalize such person, firm or corporation for not returning their property for taxation, it shall be the duty of the board to immediately give notice to such taxpayer of such action, either by United States mail or by leaving a written notice thereof at the residence or place of business of such taxpayer, as the case may be. In the case of non-resident taxpayers of the City of Clarkesville, such notice shall be given by sending same through the United States mail to his or its last known address, which when done shall be sufficient notice of said action. Assessments. (c) The board of tax assessors of the City of Clarkesville shall complete the assessment of all property subject to ad valorem taxation not later than the first day of June of each year. All ad valorem taxes shall become due and payable on the 1st day of October of each year. The taxpayers may anticipate the payment of the amount of their tax and shall be allowed a discount of one-half of one percent per month for every month in advance of the 1st day of October in each year, that said taxes may have been paid. On and after the 1st day of December of each year the books for the collection of taxes shall be peremptorily closed; and on the next day following, tax executions shall be issued against defaulters and a penalty shall be fixed for the non-payment of taxes when due; it shall be the duty of the city clerk or manager to see that said executions are promptly collected, the provisions herein respecting the collection of same being mandatory, and a failure to properly perform the duties devolving on any city officer with reference to the collection of said taxes shall be grounds for immediate dismissal of such officer or officers. Said unpaid tax for which executions are issued shall bear interest at the rate of 7 percentum per annum; and in addition

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thereto, the cost for issuing, levying and settling such executions shall be the same as allowed the tax collectors, constables and sheriffs of this State for like services; such costs, however, to be paid into the treasury of the City of Clarkesville. The tax assessor shall receive reasonable compensation to be set by the mayor and council upon recommendation by the city manager. Payment. Executions. Section 27. For the purpose of providing a sinking fund for paying the principal and interest of any bonds heretofore issued or that may be hereafter issued by said city authorities, and for the payment of the annual or semiannual interest on said bonds and for the payment of legal and equitable judgment and decrees against said city; the said mayor and council shall have authority and power to levy and collect an additional tax in the mode and manner prescribed by the Constitution and Laws of Georgia, as provided in the Civil Code of Georgia and other general laws of the State of Georgia and for the purpose specified in those sections. Sinking fund. Section 28. Any person dissatisfied with the assessment made on any or all of his property shall have the right to appeal to the board of tax assessors who shall hold a session for complaints. The determination of the assessors upon such hearing shall be subject to written appeal made to the mayor and council; provided, such appeal shall be filed in writing with the clerk of said city within five days after the hearing before said assessors and such appeal shall be heard by the mayor and council at their next regular meeting, unless continued for cause. The decision of the mayor and council shall be final. The mayor and council shall have power and authority to raise or lower the valuation of any property, real or personal, made by the tax assessors, after giving of notice in the same manner as hereinbefore provided in Section 26, if in their opinion, it is returned and/or assessed above or below its fair market value, and such action shall be final, subject to right of certiorari to the Superior Court of Habersham County, as provided by general law. Appeal from tax assessments.

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Section 29. The mayor and council shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors, and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. All executions shall be signed by the city clerk or manager, as city tax collector, and may be served and tax sales made thereunder by the marshal or by the sheriff of Habersham County or his legal deputies. Tax executions. Section 30. The City of Clarkesville may, and is hereby authorized to issue its bonds, for erecting any public buildings or other improvements that may be needed in said city under the provisions of the law now existing for the issuance of bonds by municipalities. Bonds. Section 31. Any election held under the provisions of the preceding section of this charter and in accordance with the general laws of the State now in force, shall be conducted as provided in Chapter 87-2, of the Code, as amended, or such other laws as may be provided hereafter by the General Assembly. The ballots cast at such election shall contain the words For bonds or Against bonds. All persons entitled to vote for mayor and council of said city shall be entitled to vote on the question of issuing bonds. Such election shall be called at any time the mayor and council of said city may deem wise, after first giving the notice required by law in such cases made and provided. Said bonds shall mature at such time; not later than thirty years from date of issue, or at different times within said period; shall bear such rate of interest, not exceeding six percent; and shall be in such denominations as the mayor and council may prescribe and said bonds shall provide that the interest thereon shall be paid annually or semi-annually, as may be deemed most advantageous to the city in the judgment of the city council and mayor. If the requisite majority of votes be cast in favor of the issuance of bonds, the mayor and council shall proceed to issue the same in manner and form usual to municipal bonds, the principal

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bonds to be signed by the mayor and clerk, and the interest coupons to be signed by the clerk only; provided, that the signature of said clerk may be engraved or stamped upon said coupons, facsimile. Said bonds shall be exempt from taxation by the City of Clarkesville and shall constitute an inviolable contract between said city and the holders of said bonds. All other matters and particulars concerning said bonds, the issuance and contents thereof, shall be determined by the mayor and council, in conformity with the law and this charter. The mayor and council shall have the authority to provide for the sale and disposition of such bonds, at private or public sale, as to them may seem best, and to make all arrangements concerning the manner of sale as to them may seem best. The funds derived from the sale of such bonds shall be paid to the city treasurer, and the same shall be used only for the purposes for which said bonds were issued. All bonds issued by said city shall have attached to them the corporate seal of said city. Same. Section 32. The mayor and council of the City of Clarkesville are hereby authorized and empowered to use and expend any part or parcel of the moneys collected by taxation for the purpose of erection of any buildings, or for any public improvement or purpose. Funds. Section 33. The City of Clarkesville shall have the power of eminent domain, to condemn public or private property, except property of an existing public utility, for the use of said city in accordance with the general laws of this State. Eminent domain. Section 34. The City of Clarkesville, by and through its mayor and council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane, or other public place in the said town and to improve any street, sidewalk, avenue, alley, lane, or other public place or any portion thereof in said city, by paving, repaving, curbing, guttering, macadamizing, and draining the same and by

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such other form of improvement as to them may seem proper, including the installation of manholes, catchbasins and drainage pipes. Said council shall have full power and authority to require property owners to construct a sidewalk adjacent to their property, in failure whereof, the same may be done by the city and charged to such property. Streets, sidewalks, etc. Section 35. The mayor and council shall pass and adopt, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, which ordinance shall prescribe the amount of such tax or license. The mayor and council may issue fi. fas. against the persons subject to such license, which fi. fas. shall become and constitute a lien on all property liable for such license, and shall have the same rank and be enforceable in the same manner as town ad valorem tax fi. fas. are enforceable. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Clarkesville without having first procured such license and complied with all other requirements of said City of Clarkesville, relating thereto, relating thereto, shall be guilty of a violation of the city ordinance provided for such license or tax, and upon conviction thereof in the police court of said city, shall be punished as provided in this Act. Prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation thereunder, may be in addition to the methods herein provided for collecting such tax or license. Licenses. Section 36. The mayor and council may revoke the license of, and prohibit the operation of, any business or establishment for which license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of the City of Clarkesville. In such case the

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fee paid for such license shall be refunded. No licenses shall be revoked without written notice being given to the person, firm or corporation holding such license, which notice shall state the reason why such license is being revoked, and which shall afford such person, firm or corporation an opportunity to be heard on the question before said mayor and council, the said notice setting forth the time and place of the hearing on the revocation of such license. The decision of the mayor and council of said city, revoking any such license, shall be final. Revocation of licenses. Section 37. The mayor and council shall have power to protect all places of divine worship and cemeteries in said city, to provide places for the burial of the dead, either within or without the city limits, to regulate interment therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Churches, cemeteries. Section 38. The mayor and council of said city are authorized to establish a city park or playground in said city for the purpose of improving the health and pleasure of the citizens, and visitors of said city. They shall have the power and authority to improve and keep up such parks and playgrounds, and to this end may appoint such officers, employees or boards as in their judgment may be necessary to carry out the purpose of this section. Parks, playgrounds. Section 39. The mayor and council of said town shall have the right and power to abate any nuisance likely to endanger the health of said town, and may abate such nuisance in a summary manner. Where the nuisance is caused by the act of negligence of any individual, firm or corporation, the expenses of such abatement shall be charged against the party causing the same, and payment thereof enforced by fine, or imprisonment, or both, in the discretion of said mayor and council. Nuisances. Section 40. The mayor and council of said city shall provide that an annual audit of receipts and expenditures be made and that a report thereof be published in the official organ of the City of Clarkesville. Audits.

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Section 41. All ordinances heretofore passed for the City of Clarkesville shall not be affected by this Act, but shall remain in full force and effect, unless repealed, modified or superseded by the mayor and council as herein provided. Section 42. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1955, session of the General Assembly of Georgia a bill creating a new charter for the City of Clarkesville; to provide for a mayor and council for said city, and to provide for a city manager form of government and define his duties, powers, responsibilities and manner of selection and compensation and for all things necessary for the proper operation of a municipality, and for other purposes. This 21st day of November 1955. T. Sidney Blackburn, Representative, Habersham County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, T. Sidney Blackburn, who, on oath, deposes and says that he is Representative from Habersham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser, which is the official organ of said county, on the following dates: December 8, 1955; December 22, 1955. /s/ T. S. Blackburn, Representative, Habersham County.

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Sworn to and subscribed before me, this 12 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved February 13, 1956. CEDARTOWNSTREET AND SIDEWALK IMPROVEMENTS. No. 74 (House Bill No. 295). An Act to amend an Act of the General Assembly of Georgia, approved March 29, 1937, entitled An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith, and all laws amendatory thereof, to provide that said city, by its city commission, shall be authorized and empowered to establish and change, or cause to be established and changed, the grade of any streets, avenues, alleys, lanes, sidewalks or other public places in said city, and to improve the same or cause same to be improved by paving, macadamizing and draining the same, whenever in the judgment of said city commission the public convenience and welfare may require such improvements, subject to the limitations and authorizations contained in this Act and amendments thereto; to provide that said city, by its city commission, shall have power and authority to grade, pave, macadamize, drain or otherwise improve or cause to be graded, paved, macadamized, drained and otherwise improved, the streets, sidewalks, squares,

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public lanes and alleys of said city, by contract or otherwise, or by the authority, direction and supervision of said city, acting through its city commission; to provide the method and manner of laying and installing curb and gutter in and along the streets, lanes and alleys of said city, and for the assessment and payment of the cost of such curb and gutter; to provide for the collection of the cost of such curb and gutter; to provide that the installation of such curb and gutter may be done in whole or in part by said city itself or in whole or in part by contract; to provide the method and manner of grading, paving, macadamizing and draining of streets and alleys of said city; to provide for the giving of notice to property owners of such paving, grading, macadamizing and drainage; to provide for the filing of protests to such street improvements; to provide for the assessment and collection of the cost of such grading, paving, macadamizing and drainage; to provide that streets and alleys officially approved by said city commission for paving or for the installation of curb and gutter prior to the passage of this Act shall be paved and curb and gutter installed, as the case may be, in accordance with laws existing prior to the passage and approval of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that said Act approved March 29, 1937, as amended by the various Acts amendatory thereof, be, and the same is hereby amended by striking in its entirety the last clause of Section 69 of said Act, which clause is as follows: Thereupon said commission by and through the city manager may then proceed to make said improvements as hereinafter provided, and by inserting in lieu of said stricken clause the following language: Thereupon said commission may then proceed to make or cause to be made said improvements as hereinafter provided in said Act as amended. Sec. 69, Act of 1937, amended. Section 2. Be it further enacted by the authority

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aforesaid, that said Act approved March 29, 1937, as amended by the various amendatory Acts thereof, be, and the same is hereby amended by striking in its entirety Section 70 of said Act, which stricken section is as follows: Be it further enacted by the authority aforesaid, that said City of Cedartown, by its commissioners, is hereby authorized and empowered to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks, and other public places in the City of Cedartown, and to improve the same by paving, macadamizing, and draining the same, whenever in its judgment the public convenience and welfare may require such improvements, subject only to the limitations in this Act, and by inserting in lieu of said stricken section the following: Sec. 70, Act of 1937, amended. Said City of Cedartown, by its city commission, is hereby authorized and empowered to establish and change, or cause to be established and changed, the grade of any streets, avenues, alleys, lanes, sidewalks, or other public places in said city, and to improve the same or cause the same to be improved by paving, macadamizing, and draining the same, whenever in the judgment of said city commission the public convenience and welfare may require such improvements, subject only to the limitations and authorizations contained in said Act and amendments thereto. Section 3. Be it further enacted by the authority aforesaid that said Act approved March 29, 1937, as amended by the various Acts amendatory thereof, be and the same is hereby amended by striking in its entirety Section 71 of said Act, which said stricken section is as follows: Be it further enacted by the authority aforesaid, that the city commission of said city shall have full power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the sidewalks, streets, squares, public lanes, and alleys of said city and no grading, paving or macadamizing shall be done except under the direction of the city commission. No owner or other person, firm or corporation shall have any authority to pave, grade or macadamize any of the

Page 2322

streets, sidewalks, squares, public lanes or alleys of said city; but all such paving, grading or macadamizing must be done either by the commission itself, or by contract made by said city commission as hereinafter provided, and by inserting in lieu thereof the following: Sec. 71, Act of 1937, amended. The City of Cedartown, by its city commission, shall have full power and authority, in its discretion, to grade, pave, macadamize, drain, and otherwise improve, or cause to be graded, paved, macadamized, drained and otherwise improved, the streets, sidewalks, squares, public lanes and alleys of said city, and such grading, paving, macadamizing, draining and otherwise improving the streets, sidewalks, squares, public lanes and alleys of said city may be done either by said city by contract or otherwise or by the authority, direction and supervision of said city, acting through its city commission, as provided in said Act and amendments thereto. Section 4. Be it further enacted by the authority aforesaid, that said Act approved March 29, 1937, as amended by the various Acts amendatory thereof, be, and the same is hereby amended, by striking in its entirety Section 78-A of an Act of the General Assembly of Georgia approved February 17, 1950 (Ga. L. 1950, p. 2878), which said Section 78-A amended and superseded Section 78 of said Act approved March 29, 1937, and which said Section 78-A is as follows: Be it further enacted by the authority aforesaid, that if the city commission shall deem it necessary to lay any curb and gutter in any street or alley, it shall order same to be done and the abutting property shall be liable only for one-half of the cost of the same for which the city may issue executions as other executions in favor of the city are issued and enforced, and by inserting in lieu of said stricken Section 78-A the following: Sec. 78-A, Act of 1950, amended. Whenever said city, acting through its city commission, shall deem it necessary to lay and install any curb and gutter in and along any street, lane or alley, said city commission shall order the same done, and the owners

Page 2323

of property abutting on such street, lane or alley shall be liable for the entire cost of such curb and gutter, for which the city may make assessments and issue and enforce executions as other executions in favor of said city are issued and enforced, such executions to bear interest at the rate of 7% per annum from the date of issuance thereof; provided, however, that any person, firm or corporation shall have the right, without authority of said city, to lay and install curb and gutter in and along any street, lane or alley by paying the entire cost thereof, but in laying and installing such curb and gutter by any person, firm or corporation, without authority of said city, it shall be done according to specifications of the City of Cedartown and under the direction of said city, acting through its city commission. Before said city shall undertake to lay and install any curb and gutter as provided in this section, the city commission of said city shall adopt a resolution specifying the street or streets in and along which such curb and gutter is to be installed, the materials to be used and the approximate cost of laying and installing such curb and gutter, which resolution shall be published once a week for two consecutive weeks in a newspaper published in the City of Cedartown. Said resolution shall appoint or fix a date not later than 15 days subsequent to the last publication thereof for a hearing before said city commission. Any property owner or other interested party shall have the right to appear before said city commission on the date so fixed, to file any objection or protest relative to the installation of such curb and gutter; and if the owner or owners of more than sixty percent (60%) of the linear front footage of the land fronting on the street, streets, lane, lanes, alley or alleys or sections thereof, to be improved as aforesaid, shall not, within the time fixed by said resolution, file with the secretary of said city commission their protests in writing against such curb and gutter project, the said city commission shall have power and authority to proceed to lay and install curb and gutter as provided in this law. Any number of streets, lanes or alleys in and along which said city commission may deem it necessary or advisable to install curb and gutter may be included in one resolution or ordinance, but any protest or objection shall be made as to each street, lane or alley separately, except when treated as one project by said city commission. If the laying and installing of curb and gutter is not to be undertaken by said city but is to be undertaken by a person, firm or corporation other than said city, as hereinabove provided, such resolution and the publication thereof shall not be required. If said city shall undertake the laying and installation of such curb and gutter, as aforesaid, same may be done in part or in whole by the city itself or in part or in whole by contract.

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Section 5. Be it further enacted by the authority aforesaid that said Act approved March 29, 1937, as amended by the various Acts amendatory thereof, be, and the same is hereby amended by striking in its entirety Section 72 of said Act, which said stricken section is as follows: Be it further enacted by the authority aforesaid, that whenever said city commission shall deem it necessary or advisable to grade, pave, or macadamize any of the streets of said city, said commission shall pass a resolution, which shall be entered upon the minutes of said city commission and published in two issues of a newspaper published in the City of Cedartown, which resolution shall give full particulars relative to the paving project, the street or streets to be paved or macadamized, the materials to be used, the part or parts of said street to be paved or macadamized and the approximate cost of said paving project. Said resolution shall appoint or fix a date not later than 15 days subsequent to said publication for a hearing before the commission. Any property owner or other interested part shall have the right to appear before said commission at the date so fixed, to file any objection or protest relative to said paving project; and if the owner or owners of more than one-half of the linear front footage of the land fronting on such improvement are liable to assessment to pay for such improvement on such street shall not, within the time fixed by said resolution or ordinances, file with the secretary of said commission their protest in writing

Page 2325

against said paving project, then said commission shall have the power to either undertake the paving contract by itself, or to contract therefor, and to levy assessments for the cost of the same against the properties and the owners of the properties adjacent to and abutting on either side of said street or streets. Any number of streets which said commission may deem it necessary or advisable to pave, may be included in one resolution or ordinance, but any protest or objection shall be made as to each street or highway separately, except when treated as one project, as herein provided. Whenever said city commission shall pass a resolution as hereinbefore provided, the cost of said project or projects shall be assessed as follows: The entire cost of said project, including grading, excavating, engineering, the laying of water or gas lines, newspaper advertising, and other things usual and incident to the proper paving of any street, including all intersections, shall be divided on a basis of one-third to the owners of property adjacent to or abutting said street on one side, and one-third of said cost against the owners of properties adjacent to or abutting on the other side of said street so paved, and one-third to be paid by the City of Cedartown. When said assessments have been made against said property and the owner or owners thereof, if not paid on or before the date fixed by the city commission, the secretary of said commission shall issue an execution against said property or properties and against the owner or owners thereof, which execution shall be superior to all other liens against said property, except liens for taxes. When an execution is issued, as herein provided for, it shall be the duty of the chief of police, or city marshal, to levy upon and advertise said property or properties for sale, in the same manner as other executions for taxes are levied on real property, as provided by law. Whenever any property shall be sold by virtue of said executions, such sale shall vest absolute title in the purchaser, and the chief of police, or city marshal, shall have authority to eject any occupant and to put the purchaser or purchasers into full possession; provided, the owner of said real estate shall have the right to file his affidavit of illegality, denying the

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whole or any part of the amount for which said execution is issued, and shall state the amount which he admits to be due, which amount admitted to be due, with all cost, shall be paid before the affidavit of illegality shall be received, and the affidavit of illegality shall be returned to the Superior Court of Polk County, and then tried and the issue determined as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay, and by inserting in lieu of said stricken section the following: Sec. 72, Act of 1937. amended. Be it further enacted by the authority aforesaid, that whenever said city commission shall deem it necessary or advisable to grade, pave, macadamize or drain any of the streets, or alleys, of said city, said commission shall pass a resolution, which shall be entered upon the minutes of said city commission and published in two issues of a newspaper published in the City of Cedartown, which resolution shall give full particulars relative to the paving project, the street or streets to be paved, macadamized or drained, the materials to be used, the part or parts of said street to be paved, macadamized or drained, and the approximate cost of said paving or drainage project. Said resolution shall appoint or fix a date not later than 15 days subsequent to the last publication thereof for a hearing before said city commission. Any property owner or other interested party shall have the right to appear before said city commission on the date so fixed, to file any objection or protest relative to any paving project; and if the owner or owners of more than sixty percent (60%) of the linear front footage of the land fronting on the street, streets, lane, lanes, alley or alleys or sections thereof, to be paved as aforesaid, shall not, within the time fixed by said resolution, file with the secretary of said city commission their protests in writing against such paving project, the said city commission shall have power and authority to proceed to pave as provided in this law. Any number of streets, lanes or alleys which said city commission may deem it necessary or advisable to pave may be included in one resolution or ordinance, but any protest or objection

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shall be made as to each street, lane or alley separately, except when treated as one project by said city commission. Said commission shall have the power either to undertake the paving contract in whole or in part by itself, or to contract therefor in whole or in part, and to levy assessments for the cost of the same against the properties and owners of the properties adjacent to and abutting on either side of said street or streets. Any number of streets or alleys or sections of streets or alleys which said commission may deem it necessary or advisable to pave or drain, may be included in one resolution. Whenever said city commission shall pass a resolution as hereinbefore provided, the entire cost of said project, including grading, excavating, engineering and drainage, newspaper advertising, and other things usual and incident to the proper paving of any street or drainage, including all intersections, shall be paid by the owners of property adjacent to or abutting said street according to the linear front footage owned by each. When said assessments have been made against said property and the owner or owners thereof, if not paid on or before the date fixed by the city commission, the secretary of said commission shall issue an execution against said property or properties and against the owner or owners thereof, which execution shall bear interest at 7% per annum from the date thereof and shall be superior to all other liens against said property, except liens for taxes. When an execution is issued, as herein provided for, it shall be the duty of the chief of police, or city marshal, to levy upon and advertise said property or properties for sale, in the same manner as other executions for taxes are levied on real property, as provided by law. Whenever any property shall be sold by virtue of said executions, such sale shall vest absolute title in the purchaser, and the chief of police, or city marshal, shall have authority to eject any occupant and to put the purchaser or purchasers into full possession, provided, the owner of said real estate shall have the right to file his affidavit of illegality, denying the whole or any part of the amount for which said execution is issued, and shall state the amount which he admits to be due, which amount admitted to be due, with all cost, shall be paid before the affidavit of illegality shall be received, and the affidavit of illegality shall be returned to the Superior Court of Polk County, and then tried and the issue determined as in cases of illegality, subject to the penalties provided as in cases of illegality filed for delay. Provided, however, that said resolution and the publication thereof may be dispensed with if any person, firm or corporation, without instigation on the part of said city, should undertake to grade, pave, macadamize or drain any of the streets or alleys of said city; but in such event no such work shall be done except after approval by said city of plans and specifications for same and then only under the direction and supervision of said city. It is provided further that this Act shall not apply to any streets or alleys officially approved for curb, gutter and paving or paving alone, if such approval shall have been entered on the minutes of the city commission of said city prior to the passage and approval of his Act, but such approved streets and alleys shall be improved with curb and gutter or paving, as the case may be, in accordance with laws of said city existing before the passage and approval of this Act; provided that if the proposed paving of any street or alley or section thereof officially approved for paving and entered on the minutes of said city commission as aforesaid should be protested by more than fifty percent (50%) of the owners of property abutting on such street, alley or section thereof, as provided in said Section 72, thereafter the paving of such defeated street, alley or section of street or alley shall be done in accordance with this Act, and the owners of the property abutting on such street, alley or section of street or alley shall be liable for the payment of the entire cost of such paving, all as provided in this Act.

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Section 6. Be it further enacted by the authority aforesaid, that, if any section, part of a section, or provision of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, the same shall not be held to invalidate or impair the validity, force or effect of any other section,

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part of section or provision of this Act, but shall be confined in its operations to the section, part of section or provision in the controversy in which judgement shall have been rendered. Section 7. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act, be, and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January session, 1956, of the General Assembly of Georgia: An Act to amend an Act of the General Assembly of Georgia, approved March 29, 1937, entitled An Act to create a new charter and municipal government for the City of Cedartown; to provide for a commission form of government with a city manager; to define the rights and powers of the municipality; to define the corporate limits thereof, and to repeal all former charters and laws amendatory thereof and in conflict therewith, and all laws amendatory thereof, to provide that said city, by its city commission, shall be authorized and empowered to establish and change, or cause to be established and changed, the grade of any streets, avenues, alleys, lanes, sidewalks or other public places in said city, and to improve the same or cause same to be improved by paving, macadamizing and draining the same, whenever in the judgment of said city commission the public convenience and welfare may require such improvements, subject to the limitations and authorizations contained in this Act and amendments thereto; to provide that said city, by its city commission, shall have power and authority to grade, pave, macadamize, drain or otherwise improve or cause to be graded, paved, macadamized, drained and otherwise improved, the streets, sidewalks, squares, public lanes and alleys of said city, by contract or otherwise, or by the authority, direction and supervision of said city, acting through its city commission; to provide the method and manner of laying and installing curb and

Page 2330

gutter in and along the streets, lanes and alleys of said city, and for the assessment and payment of the cost of such curb and gutter; to provide for the collection of the cost of such curb and gutter; to provide that the installation of such curb and gutter may be done in whole or in part by said city itself or in whole or in part by contract; to provide the method and manner of grading, paving, macadamizing and draining of streets and alleys of said city; to provide for the giving of notice to property owners of such paving, grading, macadamizing and drainage; to provide for the filing of protests to such street improvements; to provide for the assessment and collection of the cost of such grading, paving, macadamizing and drainage; to provide that streets and alleys officially approved by said city commission for paving or for the installation of curb and gutter prior to the passage of this Act shall be paved and curb and gutter installed, as the case may be, in accordance with laws existing prior to the passage and approval of this Act; to repeal all laws and parts of laws in conflict with this Act; and for other purposes. Georgia, Polk County. Personally appeared Joseph C. Haire, who on oath says that he is editor and publisher of the Cedartown Standard, a newspaper published in the City of Cedartown, Polk County, Georgia, and being the newspaper in which the sheriff's advertisements for said county are published. Affiant further swears that the above and foregoing Notice of Intention to Apply for Local Legislation was duly published in said newspaper once a week for three (3) weeks, said publications having appeared in said newspaper on the following dates, to wit: January 6, January 13 and January 20, 1956. /s/ Joseph C. Haire.
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Sworn to and subscribed before me, this 21st day of January, 1956. /s/ Constance M. Ragsdale, Notary Public, Polk County, Georgia. (Seal Affixed) Approved February 13, 1956. MACONSTREET CLOSING RATIFIED. No. 75 (House Bill No. 300). An Act to approve, ratify and confirm acts of the City of Macon and of its mayor and board of aldermen in closing, vacating and abandoning an alley in the City of Macon situate between and separating Lots 2 and 3 in Square 20, Old City, and extending from Mulberry Street to a twenty-foot alley in the rear; to confirm title to the alley so closed, vacated, and abandoned in and to the County of Bibb; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. The action of the City of Macon and of its mayor and board of aldermen of September 20, 1892, in closing, vacating, and abandoning an alley of the City of Macon situate between and separating Lots 2 and 3 in Square 20, Old City, and extending from Mulberry Street to a twenty-foot alley in the rear, be, and the same is hereby, approved, ratified and confirmed as of the date of such action. Section 2. The action of the City of Macon and of its mayor and board of aldermen, dated September 20, 1892, in selling and conveying the property formerly embraced in said alley, and as evidenced by a deed of the same date to Leonidas A. Jordan of record in the Clerk's Office,

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Bibb Superior Court, in Book 69, Page 52 is approved, ratified and confirmed and title to the aforesaid alley is hereby vested in the County of Bibb, successor in title of Leonidas A. Jordan, and in the successors and assigns of the County of Bibb. Conveyance confirmed. Section 3. All laws and parts of laws in conflict with this law are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Denmark Groover, Jr., who, on oath, says that he is a State Representative of Bibb County, Georgia, and that he is author of the foregoing legislation; that the attached notice of intention to apply for introduction, passage and approval of such legislation was published in the Macon News, a newspaper of general circulation in the County of Bibb in which advertisements of the Sheriff of the County of Bibb were and are published, on the 14th, 21st and 28th days of December, 1955. /s/ Denmark Groover, Jr. Sworn to and subscribed before me, this 24 day of January, 1956. /s/ Janette Hirsch Notary Public (Seal) Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956 (Seal) Public Notice. Please be advised of the intention of the County Board of Commissioners for the County of Bibb to apply to the General Assembly of Georgia and at its January-February session of 1956 for passage and approval of the following legislation: 1. An Act to approve, ratify and confirm previous action of the Mayor and Board of Aldermen of the City of Macon in closing and abandoning a ten-foot alley

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way separating Lots 2 and 3 in Square 20, Old City, and extending from Mulberry Street to a 20-foot alley in the rear; and to convey and confirm in and to the County of Bibb title to the property previously occupied by said alleyway; 2. A Resolution to propose an Amendment to the Constitution of Georgia which will authorize the respective governing authorities of the City of Macon and of the County of Bibb, by joint action, to consolidate the offices and functions of the city and of the county related to the manner and method of return, collection, assessment, notice of assessment, review of assessment, lien and collection of ad valorem taxes levied by the City of Macon and by the County of Bibb and respecting any and all other matters relating to the same, including the election or selection of the officers and employees to perform such functions, their compensation, the location of the place or places of office for the performance of such services and duties, and the division of the cost between the city and the county for the operation and functioning of such consolidated offices, and all other related matters; 3. An Act or Acts relating to the Civil Court of Bibb County and respecting the payment into the treasury of the County of Bibb of all moneys including balances from advance cost deposits which have been collected by said court and remain unclaimed or otherwise disposed of, said moneys to be paid into the county treasury by the clerk of said court upon order and approval of the judge of said court, and after six months' expiration from the time of notice given by registered mail to the last known address or addresses of persons interested in said fund, such interested persons to be determined by the judge of said court. County Board of Commissioners for the County of Bibb. By /s/ Ellsworth Hall, Jr. Ellsworth Hall, Jr. Attorney. Approved February 13, 1956.

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FULLERVILLE CHARTER SURRENDERED. No. 77 (House Bill No. 166). An Act to surrender the charter of the Town of Fullerville in the County of Carroll incorporated by the Acts of the General Assembly of the State of Georgia 1916, under Bill known as No. 355, and approved August 8, 1916; that all of said powers granted under said Acts of the legislature of 1916 incorporating the Town of Fullerville be surrendered, cancelled and for other purposes Whereas, the Town of Fullerville in the County of Carroll was duly granted a charter by the General Assembly of the State of Georgia of 1916 (Acts 1916, pp. 707 to 711, inc) known as Bill No. 355, giving and granting certain charter powers as therein set forth to the Town of Fullerville. Whereas, the Town of Fullerville desires to surrender its charter as heretofore granted by the General Assembly of the State of Georgia on this date; that an election by referendum on the question of whether or not the charter of Fullerville should be surrendered was submitted to the duly registered and qualified voters of the Town of Fullerville, and an election specially called and held on the first day of December 1955, that the duly registered and qualified voters therein might express themselves as to the desirability of surrendering the charter, and Whereas, the voters of Fullerville favored the surrender of said charter, therefore Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. That the charter of the Town of Fullerville in the County of Carroll heretofore granted by the General Assembly of the State of Georgia (Acts 1916) and

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approved August 8, 1916, be, and the same, the said charter of the Town of Fullerville is hereby surrendered and cancelled and all powers heretofore granted under aforesaid Act of the General Assembly incorporating the Town of Fullerville be, and the same are hereby surrendered and are null and void. Section 2. Be it further enacted, that from and after the passage and approval of this Act, that all powers, rights and privileges granted to the Town of Fullerville in Carroll County, be, and the same shall cease and are extinguished. Section 3. Be it further enacted, that all laws or parts of laws in conflict with this Act be, and the same are hereby repealed. Section 4. A copy of the notice of intention to apply for local legislation and affidavit of editor that said notice has been published as required by law, are attached hereto, and made a part of this Act as if fully set forth therein, and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to notice of intention to apply for local legislation has been complied with for the enactment of this law. Georgia, Carroll County. I, undersigned, do hereby certify that I am editor of the Carroll County Georgian, the newspaper in which sheriff's advertisements appear for Carroll County, and the attached advertisement was published in said newspaper on the following dates, to wit: December 22, 1955, December 29, 1955, January 5, 1956. This 5th day of January 1956. /s/ Stanley Parkman. Sworn to and subscribed before me this the 5th day of January 1956. /s/ Lillian T. Moore Notary Public.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the 1955 adjourned session of the General Assembly of the State of Georgia convening in January, 1956, to abolish Fullerville Town incorporated, known as No. 355. An Act to incorporate the Town of Fullerville, in the County of Carroll, and to provide for a mayor and council for said town, and confer certain powers and privileges upon the mayor and council thereof, and for other purposes, and approved by Acts of legislature August 8, 1916, and any and all Acts amendatory thereof. A bill will be introduced to surrender the charter of Town of Fullerville as herein set out. Rader Farr, Mayor Pro Tem. O. C. Sauls, Clerk, Town of Fullerville. 12/22, 29, 1/5 Approved February 13, 1956. BRUNSWICK CHARTER AMENDED. No. 78 (House Bill No. 200) An Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to certain streets, alleys and parks, upon its city commission; to enlarge the corporate limits of the City of Brunswick; to provide for the salaries of the commissioners of said city; to authorize the commission of said city; to elect a recorder pro tem., providing for his powers, qualifications, salary, term of office and removal; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, to wit:

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Section 1. That the commission of said city shall have the right and authority to close the following described streets, lanes and alleys, or any portion or portions thereof, and park or parks, in the City of Brunswick, Glynn County, Georgia, as identified and described according to the well known maps and plan of said city, to wit: (a) Stonewall Street, from the southerly line of T Street to the Roswell-King Town Commons line; (b) Lee Street, from the southerly line of T Street to the Roswell-King Town Commons line; (c) Gordon Street, from the southerly line of T Street to the Roswell-King Town Commons line; (d) Johnson Street, from the easterly line of Altama Avenue to the Roswell-King Town Commons line; (e) Bartow Street, from the southerly line of T Street to the Roswell-King Town Commons line; (f) Cleburne Street or Avenue, from the southerly line of T Street to the Roswell-King Town Commons line; (g) Those certain streets, lanes, alleys and park situate, lying and being in Block E of Goodyear Park Subdivision identified and described according to the plat revised May 29, 1952, made by Smith and Gillespie, Consulting Engineers, Jacksonville, Florida, described as follows: (1) That certain 20 foot alley or lane bounded northerly by Lots 13 through 19, both inclusive, in said block; easterly by the easterly line of Lot 7, if projected northerly to the southerly line of Lot 19 in said block; southerly by Lots 7 through 12, both inclusive, in said block; and westerly by the easterly line of North Cleburne Avenue; (2) That certain 20 foot alley or lane bounded northerly by the southerly line of Fourth Street; easterly by Lots 21 and 22 in said block; southerly by the southerly line of Lot 20 in said block, if projected eastwardly to Lot 22 in said block; and westerly by Lot 20 in said block; (3) That certain unnamed street, lane, or plot of ground in said block bounded westerly by the easterly line of Lot 7 and said line of said Lot 7 if projected northerly to the southerly line of Lot 19 in said block; northerly by the southerly line of Lot 19 and Lot 20 and the southerly line of Lot 20 if projected easterly to Lot 22 in said block; easterly and southeasterly by the westerly or northwesterly lines of Lots 22 through 25 in

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said block; and southerly by the southerly line of Lot 25 if projected northwesterly to a point where it would intersect the southerly line of Lot 7 in said block, if said line of Lot 7 in said block were projected easterly, and the said southerly line of Lot 7 projected easterly to the point where it would intersect the southerly line of Lot 25 as projected northwesterly; (4) Teel Place in said block bounded as follows: Northerly by Lots 7 through 12, both inclusive, in said block and by the portion of the southerly line of Lot 7, if projected eastwardly, and the southerly line of Lot 25, if projected westerly where said lines intersect as described in Subparagraph (3); northeasterly by the southwesterly or southerly line of Lot 25 in said block; easterly and southeasterly by the westerly or northwesterly line of Altama Avenue; southwesterly by the northeasterly line of Lot 26 in said block; and southerly by the northerly line of Lot 6 in said block and the northerly line of said Lot 6 if projected easterly to the northwesterly corner of Lot 26 in said block; and southeasterly by Lots 1 through 6, both inclusive, in said block; and westerly by the easterly line of North Cleburne Avenue; (5) That certain 20 foot lane or alley bounded northwesterly by the southeasterly line of Lots 1 through 6, both inclusive, in said block; northerly by the northerly line of Lot 6 if projected easterly to the northwestern corner of Lot 26 in said block, if projected easterly to the northwesterly corner of Lot 26 in said block; southeasterly by the northwesterly lines of Lots 26 through 33, both inclusive, in said block; and southwesterly by the southerly line of Lot 33 in said block, if projected northwesterly to the southeasterly corner of Lot 1 in said block; (6) That certain area in said block of said subdivision designated as Park, being triangular in shape, bounded southeasterly by the northwesterly line of Altama Avenue; northeasterly by the southerly line of Starling Street; and westerly by the easterly line of North Cleburne Avenue. After closing said streets, lanes, alleys and park, or any portion thereof, the City of Brunswick may retain title to such closed portions thereof, or may, in the discretion of the city commission, convey, sell or exchange any portion or portions or all of such

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closed portion or portions of said streets, lanes, alleys or park, for such consideration, with such restrictions and exceptions and reservations, and upon such terms as the commission deems best, at public or private sale, to any person, firm, corporation, the State of Georgia or other body politic. If such property shall be sold at public sale, it shall be done in the same manner as provided in the city charter for the sale of other city real property, except that the sale must be by unanimous vote of the commission, with the written concurrence of the city manager. Street closings authorized. Section 2. That from and after the passage of this Act, Section 12 of the Act approved February 9, 1949, entitled An Act to amend the charter of the City of Brunswick:...; and for other purposes (Ga. L. 1949, pp. 345-346) be stricken, and in lieu thereof the following enacted: That the corporate limits of the City of Brunswick shall continue to be and the same are hereby defined as follows, to wit: The northern boundary line shall begin at the intersection of a certain creek, commonly called Dart's Narrows or Cut, and the waters of Back River, and shall run thence due west and along that line traced, surveyed and marked by Charles S. Wylly and E. A. Meader, Surveyors, and reported on the 19th day of September, 1896, by said surveyors to the mayor and council of the City of Brunswick, and by said mayor and council on a 31st day of October, 1896, finally adopted as and declared to be the true northern boundary line of the corporate limits of said city (the true bearing of said line having been determined to be north 84 degrees 33 minutes west, and wherever bearings are used in this section of this Act, such bearings are true, rather than magnetic bearings) to the point where said line intersects the chord having a bearing of north 10 degrees 20 minutes east on the westerly line of Glynn Avenue, also designated as U. S. Route No. 17 (which Glynn Avenue and U. S. Route is 100 feet in width); thence running along said line of said Glynn Avenue or U. S. Route No.

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17 along the chord having a bearing of north 10 degrees 20 minutes east for a distance of 39.37 feet; thence running along a chord having a bearing of north 13 degrees 40 minutes east along the westerly line of said Glynn Avenue or U. S. Route No. 17 for a distance of 450.8 feet; thence running along a chord having a bearing of north 15 degrees 54 minutes east on the westerly line of Glynn Avenue or U. S. Route No. 17 for a distance of 105 feet; thence running north 81 degrees 42 minutes west for a distance of 1880.51 feet to a point; thence running south 8 degrees 13 minutes west for a distance of 684.77 feet to the said Wylly and Meader northerly boundary line of said city; thence running north 84 degrees 33 minutes west along said Wylly and Meader northern boundary line of the corporate limits of said city to the point where said line intersects the easterly line of Hampton Avenue (as shown on the map of Goodyear Park Subdivision, made by Smith and Gillespie and approved by the city planning board and the commission of the City of Brunswick); and running thence northerly along said easterly line of Hampton Avenue to the center line of Fourth Street; thence running north 72 degrees 38 minutes east for a distance of 2602 feet to a point; thence running south 17 degrees 22 minutes east for a distance of 19 feet; thence running north 72 degrees 53 minutes east for a distance of 983.3 feet; thence running south 77 degrees east 812.4 feet; thence running north 19 degrees 30 minutes east for a distance of 602.1 feet; thence running north 85 degrees 43 minutes west for a distance of 1189.6 feet; thence running north 9 degrees 37 minutes west for a distance of 706 feet; thence running north 72 degrees 56 minutes east for a distance of 692.6 feet; thence running north 17 degrees 4 minutes west for a distance of 34 feet; thence running south 72 degrees 56 minutes west for a distance of 843.3 feet; thence running north 33 degrees 7 minutes west for a distance of 439.3 feet; thence running north 0 degrees 10 minutes west for a distance of 557.9 feet; thence running south 89 degrees 14 minutes east for a distance of 490 feet; thence running south 62 degrees 59 minutes east for a distance of 752.4 feet; thence running

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north 15 degrees 27 minutes west for a distance of 702.8 feet to a stake; thence in a northerly and northwesterly direction following the center line of an abandoned tram road roadbed along a curve of a radius of approximately 450 feet; and subtended by a chord from the last mentioned stake north 61 degrees 24 minutes west 640 feet to an iron pin; thence running north 20 degrees 24 minutes west for a distance of 538.8 feet; thence running south 71 degrees 40 minutes west for a distance of 2899.9 feet; thence running north 52 degrees 40 minutes west for a distance of 785.6 feet; thence running south 12 degrees 52 minutes west for a distance of 2645.9 feet; thence running south 17 degrees 22 minutes east for a distance of 817.3 feet to the northerly line of Sixth Street; thence running north 72 degrees 38 minutes east for a distance of 530 feet; thence running south 17 degrees 22 minutes east for a distance of 500 feet; thence running south 72 degrees 38 minutes west for a distance of 640 feet; thence running south 17 degrees 22 minutes east for a distance of 510 feet to the northerly line of Fourth Street; thence running westerly along said northerly line of Fourth Street to the westerly line of North Clebourne Avenue; thence running southerly along said westerly line of North Clebourne Avenue to its point of intersection with the said Wylly-Meader true northerly boundary line of the corporate limits of said city; thence running due west along said true northern boundary line (which has a bearing of north 84 degrees 33 minutes east) to the point where said line intersects the western line of the right-of-way of the Atlantic Coast Line Railroad Company; thence northerly along said right-of-way line to southern side of Seventh Street; thence westerly along the southern side of Seventh Street and as said line is projected westerly to the center line of the Brunswick and Altamah Canal; thence south and along the center line of said canal to the point where the center line of said canal would be intersected by the northerly line of Second Street if prolonged westerly; thence south 72 degrees 37 minutes 26 seconds west to the channel of Turtle River; thence southward and eastwardly along the channel of said Turtle River and the south line of the channel of St. Simons Sound to the outer sea buoy in the open sea; thence westerly along the northern line of the channel of St. Simons Sound to the mouth of said Back River; thence up said river to the point or place of beginning. Corporate limits.

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Section 3. Each of the commissioners of the City of Brunswick shall receive a salary of twenty ($20.00) dollars per meeting not to exceed eighty ($80.00) dollars per month. The commissioner elected mayor shall receive a salary of twenty five ($25.00) dollars per meeting, but not to exceed one hundred ($100.00) dollars per month. Such salary shall not be increased or diminished during the term of office of the commissioner. Compensation of commissioners. Section 4. The commission of the City of Brunswick, Georgia, is hereby authorized and empowered to elect a recorder protem., in addition to the recorder and acting recorder as now provided for in the charter of the City of Brunswick. In case of a disqualification, illness, absence from the city, or vacancy in office, of the recorder, the recorder protem, may act as recorder, and shall have all the power and authority of the recorder while acting as such. The recorder protem, shall have all of the qualifications and requirements set out in the charter of the City of Brunswick for the recorder. He shall receive such salary, or other compensation, as the commission shall fix. He shall be elected by the commission for a term of two (2) years, but shall be subject to removal at any time by a vote of the majority of the commission. Before removal, however, written charges must be preferred against him, setting out in detail the nature of the charges against him, which charges must be signed by one or more of the commissioners. The recorder protem. must be furnished with a copy of such charge, and of the time when same will be heard, which must not be less than five (5) days after a copy of such charges shall have been furnished him. Such hearing shall be public and the recorder pro tem. shall have the right to be present thereat and to call witness in his own defense,

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but the action of the commission in removing or refusing to remove the recorder pro tem. after such hearing or after he is given the opportunity to be heard shall be final and there shall be no appeal from the action of the commission. Recorder pro tem. Section 5. Be it further enacted that should any clause, portion of section of this Act be declared unconstitutional or invalid by any court of this State, for any reason, it shall not invalidate any other portion thereof, but shall affect only that part so declared to be unconstitutional or invalid. Section 6. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 7. That attached hereto and made a part hereof as required by the Constitution of the State of Georgia, now aforce, is the affidavit of the authors, Bernard N. Nightingale and William R. Killian, of Glynn County, Georgia, to the effect that the said notice of intention to apply for local legislation, copy of which is attached to said affidavit, was published in The Brunswick News, the newspaper in which are published the sheriff's advertisements for Glynn County, Georgia, in which county the City of Brunswick is located, in the issues of said newspaper of December 30, 1955 and January 6, 1956, and January 13, 1956. State of Georgia, County of Fulton. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Bernard N. Nightingale and William R. Killian, who having been first duly sworn, on oath depose and say that they are the authors of the foregoing bill to amend the charter of the City of Brunswick; and that the notice of intention to apply for such local legislation, copy of which is attached below this affidavit, was published in

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The Brunswick News, a newspaper in which are published the sheriff's advertisements for Glynn County, Georgia (the county in which lies the City of Brunswick), in the issues of said newspaper of December 30, 1955, and January 6 and 13, 1956; and that this affidavit is made by the undersigned as required by Article III, Section VII, Paragraph XV, of the Constitution of the State of Georgia, ratified August 7, 1945. /s/ Bernard N. Nightingale /s/ William R. Killian. Sworn to and subscribed before me this 18th day of January, 1956. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. (Seal Affixed). Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia, which convenes on January 9, 1956, a local bill to be entitled:An Act entitled an Act to amend the charter of the City of Brunswick, Georgia; to confer certain additional powers therein named with respect to certain streets, alleys and parks, upon its city commission; to enlarge the corporate limits of the City of Brunswick; to provide for the salaries of the commissioners of said city from and after January 1, 1959; to authorize the commission of said city to elect a recorder pro tem., providing for his powers, qualifications, salary, term of office and removal; and for other purposes. This December 28, 1956. B. N. Nightingale, William R. Killian, Representatives of Glynn County, Georgia. 12/30, 1/6-13 Approved February 13, 1956.

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NEWTON COUNTY OFFICE OF TREASURER ABOLISHED. No. 79 (House Bill No. 201) An Act to abolish the office of county treasurer for Newton County; to transfer the duties of the office of treasurer to the commissioner of roads and revenues of said county; to provide that the commissioner shall be the disbursing officer; to provide for bond; 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 office of County Treasurer of Newton County is abolished as of the end of the term of office of the person presently serving as county treasurer. Provided, that in the event a vacancy occurs in said office for any reason, prior to the end of said term, the office shall be abolished effective as of date of such vacancy. Section 2. All duties heretofore exercised by the treasurer of said county shall be assumed by the Commissioner of Roads and Revenues of Newton County, and he shall be the disbursing officer for Newton County and shall be required to make bond with a surety company doing business in the State of Georgia, in the sum of $10,000. The premium on said bond shall be paid by Newton County. Commissioner as treasurer. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Newton County. There will be introduced at the 1956 regular session of the General Assembly of Georgia, a bill to abolish the office of Treasurer of Newton County, Georgia, effective January 1st, 1957.

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This November 21st, 1955. W. C. Ivey, Representative of Newton County. Georgia, Newton County. Personally appeared before the undersigned officer duly authorized to administer oaths, Belmont Dennis, who being duly sworn, deposes on oath and says: That he is editor and publisher of the Covington News, and that the above and foregoing notice was published in the Covington News, a newspaper of general circulation and in which the sheriff's advertisements are published and the official organ of Newton County, for three weeks during a period of sixty days immediately preceding the 1956 session of the General Assembly of Georgia, to wit: November 22nd, December 1st, and December 8th, 1955 issues of said paper. /s/ Belmont Dennis, Editor and Publisher. Sworn to and subscribed before me on this the 16th day of January 1956. /s/ Arthur Henderson, Sr. Notary Public, Newton County, Ga. Notary Public, Newton County, Georgia My commission expires August 6, 1958. (Seal) Approved February 13, 1956. HEARD COUNTY COMMISSIONERS. No. 80 (House Bill No. 44). An Act to amend an Act creating a board of commissioners of roads and revenues for Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864) so as to

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remove the provisions relative to districts in order that members of the board may live in any part of Heard County; to provide for terms of office; to provide for elections; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), is hereby amended by striking Section 1 in its entirety, and inserting in lieu thereof a new Section 1, to read as follows: Section 1. There is hereby created a board of commissioners of roads and revenues for Heard County, to be composed of three members. The members of the board shall be elected by the voters of the entire county. Board. Section 2. Said Act is further amended by striking Section 2 in its entirety, and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The members of said board shall be elected at the same time other county officers of Heard County are elected in the year 1956, and shall take office January 1, 1957, for a term of four years and until their successors are elected and qualified. All future members of the board shall likewise be elected every four years at the same time other county officers of Heard County are elected, and shall likewise serve for a term of four years and until their successors are elected and qualified. Election. Section 3. Said Act is further amended by adding a new section to be known as Section 2A, to read as follows: Section 2A. In the event any political party holds the primary in the year 1956, or in any future year, for the purpose of nominating candidates to run for membership on the board of commissioners, such primary shall be held on a countywide basis and the district system in effect prior to the passage of this Act shall no longer be used. The name of any candidate nominated, other than under the countywide system, shall not be placed on the ballot used in the regular election. Primaries.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to provide that effective with the election in 1956, the county commissioners of Heard County shall no longer be elected by districts, but shall be elected countywide; to provide that the first officers so elected shall take office January 1, 1957; and for other purposes. This 7th day of December, 1955. W. O. Ted Barker, Representative, Heard County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to provide that effective with the election of 1956, the county commissioners of Heard County shall no longer be elected by districts, but shall be elected countywide; to provide that the first officers so elected shall take office January 1, 1957; and for other purposes. This 7th day of December, 1955. W. O. Ted Barker, Representative, Heard County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia,

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a bill to provide that effective with the election in 1956, the county commissioners of Heard County shall no longer be elected by districts, but shall be elected countywide; to provide that the first officers so elected shall take office January 1, 1957; and for other purposes. This 7th day of December, 1955. W. O. Barker, Representative, Heard County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. O. Ted Barker, who, on oath, deposes and says that he is Representative from Heard County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Banner, which is the official organ of said county, on the following dates: December 16, 1955; December 23, 1955; December 30, 1955. W. O. Barker, Representative, Heard County. Sworn to and subscribed before me this 10 day of January 1956. /s/ Janette Hirsch Notary Public (Seal Affixed) Approved February 13, 1956. CORDELE CHARTER AMENDED. No. 84 (House Bill No. 21). An Act to amend an Act creating a new charter for the City of Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, so as to provide for the compensation of members of the city commission for

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attendance at meetings; to provide a residence qualification for candidates for membership on the city commission; to provide for a residence requirement for persons selected to fill vacancies on the city commission; to provide that the compensation of the city manager shall be fixed by the city commission; to remove the provisions relative to the city board of health; 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 Cordele, approved August 15, 1922 (Ga. L. 1922, p. 680), as amended, is hereby amended by striking the last two sentences of Section 4, as follows: Each commissioner shall receive as compensation for his services the sum of five dollars for attendance of each regular meeting of the commission, and should a commissioner fail to attend any regular meeting, or meetings, shall not receive any compensation for that meeting. The salary of the city manager shall be fixed as hereinafter set out., and inserting in lieu thereof the following: Each commissioner shall receive as compensation for his services the sum of five dollars for each meeting of the commission, whether regular or otherwise, and no commissioner shall receive any compensation for any meeting which he does not attend. No person shall be entitled to hold the office of city commissioner unless such person shall have been a bona fide resident of the City of Cordele for a period of at least one year immediately preceding the date on which his name is officially entered as a candidate for the office of city commissioner. so that when so amended, Section 4 shall read as follows: Sec. 4, Act of 1922, amended. Section 4. Be it further enacted, that the municipal government of the City of Cordele shall consist of five commissioners, each of whom shall, except as hereinafter provided, hold office for and during the period of five years, and a city manager and such other officers as

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may be appointed by said city manager. The said commission shall meet in regular session twice in each month and the time for holding of such meetings shall be fixed by the commission. Each commissioner shall receive as compensation for his services the sum of five dollars for each meeting of the commission, whether regular or otherwise, and no commissioner shall receive any compensation for any meeting which he does not attend. No person shall be entitled to hold the office of city commissioner unless such person shall have been a bona fide resident of the City of Cordele for a period of at least one year immediately preceding the date on which his name is officially entered as a candidate for the office of city commissioner. Commissioners. Section 2. Said Act is further amended by adding at the end of Section 10 the following: No person shall be selected as aforesaid who has not been a bona fide resident of the City of Cordele for a period of at least one year immediately preceding the date of his selection. so that when so amended, Section 10 shall read as follows: Sec. 10, amended. Section 10. Be it further enacted, that should a vacancy occur on the commission by death, resignation or otherwise, the remaining members of the commission shall select some fit and proper person, and when so selected shall serve only until the next regular election at which time, in addition to the commissioner whose term will have expired, an additional commissioner shall be elected to fill said unexpired term. No person shall be selected as foresaid who has not been a bona fide resident of the City of Cordele for a period of at least one year immediately preceding the date of his selection. Commissioners, Residence requirement. Section 3. Said Act is further amended by striking from the first sentence of Section 12 the words not to exceed the sum of five thousand dollars annually, and by striking the last sentence thereof, as follows: The commission shall elect a board of health consisting of eight members, two being elected from each ward, their

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duties to be defined by the proper ordinances and the city physician shall be an ex officio member of the board of health., so that when so amended, Section 12 shall read as follows: Sec. 12 amended. Section 12. Be it further enacted, that immediately after organization, or as soon thereafter as possible, said commission shall elect a city manager and fix his salary. Said manager need not be a resident of the city, nor of the State, and shall not be elected for any designated period of time, but solely by reason of his executive and administrative qualifications. The city manager shall be the chief executive of the city and may be removed by the commission at any time, said city manager holding his office at the will of the commission. During any suspension, removal, or disability of said manager, the commission shall designate some properly qualified person to perform the duties of the office until a new manager is elected. The commission shall also elect a judge of the criminal court, a city attorney, a city physician and also fix salaries for same. City manager. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. Georgia, Crisp County. Personally appeared before the undersigned officer duly authorized to administer oaths in said State and county E. W. Mathews who, first being duly sworn, deposes and says the following: That he is the publisher of the Cordele Dispatch, the official gazette of Crisp County, Georgia, and that the Notice of Intention to Introduce Local Legislature attached hereto has been duly published in the Cordele Dispatch on December 13, 1955, December 20, 1955 and December 26, 1955. /s/ E. W. Mathews, Publisher Cordele Dispatch.

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Sworn to and subscribed before me this 27th day of December, 1955. /s/ Whitfield R. Forrester Notary Public, Crisp County, Ga. My commission expires Oct. 20, 1956. (Seal) Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia An Act to amend an Act creating a new charter for the City of Cordele, Georgia, approved August 15, 1922, (Ga. L. 1922, p. 680) and the several Acts amendatory thereof, by amending Section 4 of said Act to provide compensation of commissioners for attendance at each meeting of the city commission, to provide residence qualifications for candidates for city commissioner, and by amending Section 10 of said Act to provide residence requirements for persons appointed to serve as city commissioner, and by amending Section 12 of said Act to provide that the salary of the city manager shall be fixed by the city commission, and by amending Section 12 of said Act by striking provisions regarding the board of health; to repeal conflicting laws; and for other purposes. The city commission of the City of Cordele has unanimously requested that such Act be introduced. This 8th day of December, 1955. /s/ Palmer H. Greene, Representative, Crisp County. 12: 13-20-26. Approved February 13, 1956.

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DALTON LIMITS EXTENDED. No. 86 (House Bill No. 179). An Act to amend an Act amending the charter of the City of Dalton approved January 30, 1946, establishing the corporate limits for the City of Dalton and Acts amendatory of said charter, by incorporating in said city a certain part of Land Lot No. 183 in the 12th District and 3rd Section of Whitfield County, Georgia, not now incorporated in said city. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act amending the charter of the City of Dalton approved January 30, 1946, and subsequent to its passage ratified by the voters of the City of Dalton in an election duly called for the purpose of voting on said Act, and said charter be, and the same is, hereby amended as follows: Section 1. That from and after the passage of this Act the corporate limits of The City of Dalton shall be extended as follows: From a point where the present city limits of Dalton as established by the Act approved January 30, 1946, intersect the north line of Land Lot No. 183 in the 12th District and 3rd Section of Whitfield County, Georgia, said limits shall follow said original lot line west to the northwest corner of said land lot; thence shall run south along and with the west original line of said lot to where the same intersects the present city limits as established by said Act; and all that area located in Land Lot No. 183 between the present city limits and the boundaries above referred to shall be incorporated in said city, and said city limits are hereby extended so as to include within said city all of Land Lot No. 183; and except as hereby extended said city limits shall remain as established by the Act referred to, approved January 30, 1946. Description.

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Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice of Local Legislation. Notice is hereby given that at the January, 1956, term of the General Assembly of Georgia there will be introduced a bill extending the corporate limits of the City of Dalton so as to include within said city the site of the new Hamilton Memorial Hospital, and surrounding area, the caption of said bill being as follows: An Act to amend an Act amending the charter of the City of Dalton approved January 30, 1946, establishing the corporate limits for the City of Dalton, by incorporating in said city a part of Land Lot 183 in the 12th District and 3rd Section of Whitfield County, Georgia, not now incorporated in said city. Ernest McDonald, State Senator, 43rd District. Harlan Houston, Representative, Whitfield County. Harvey King, Jr., Representative, Whitfield County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harlan Houston, who, on oath, deposes and says that he is Representative from Whitfield County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dalton Citizen, which is the official organ of said county, on the following dates: Dec. 8, Dec. 15, Dec. 22, 1955. /s/ Harlan Houston, Representative, Whitfield County.

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Sworn to and subscribed before me this 18 day of January 1956. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed) Approved February 13, 1956. HART COUNTY BOARD OF FINANCE. No. 87 (House Bill No. 96) An Act to amend an Act entitled An Act to create the office of commissioner of roads and bridges and a board of finance, consisting of three members in and for Hart County; to prescribe the manner of election of such commissioners and the members of said board; to define the duties and powers of such commissioner and board; to provide for the salary of each and fix their terms of office; and for other purposes., approved January 31, 1946 (Ga. L. 1946, p. 260), as amended, so as to provide a change in the terms of the members of the Board of Finance of Hart County; to change the compensation of the members of the board; 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 the office of commissioner of roads and bridges and a board of finance, consisting of three members in and for Hart County; to prescribe the manner of election of such commissioners and the members of said board; to define the duties and powers of such commissioner and board; to provide for the salary of each and fix their terms of office; and for other purposes., approved January 31,

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1946, p. 260), as amended by an Act approved March 25, 1947 (Ga. Laws 1947, p. 659) and an Act approved February 5, 1952 (Ga. L. 1952, p. 2061), is hereby amended by striking Section 5 in its entirety, and in lieu thereof inserting the following; Section 5. Be it enacted by the authority aforesaid, that in addition to the commissioner of roads and bridges hereinbefore created, a board of finance consisting of three members, is hereby created in and for Hart County. The members of said board shall be elected by the grand jury of Hart County at the last term of the Superior Court of Hart County each year. The members shall take office on January 1 following their election by the grand jury, and shall serve for a term of three years and until their sccessors are elected and qualified. Any person eligible to hold a county office in said county shall be eligible to be elected as a member of said board. Vacancies on said board shall be filled by the next grand jury sitting in said county, and the ordinary may appoint a member to fill a vacancy until the next grand jury elects a member to serve the unexpired term. Any appointment or election to fill a vacancy shall be for the unexpired term: Provided, however, that the 1956 grand jury shall elect a successor to the present member who has served a term of one year and whose term expires January 1, 1957, for a term of one year, to expire January 1, 1958. The 1956 grand jury shall also elect a successor to the present member who has served a term of two years and whose term expires January 1, 1957, for a term of three years, to expire January 1, 1960. The 1957 grand jury shall elect a successor to the member appointed in 1956 for a term of one year that expires January 1, 1958, for a term of three years, to expire January 1, 1961. The 1958 grand jury shall elect a successor to the member appointed by the 1955 grand jury for a three year term that expires January 1, 1959, for a term of three years, to expire January 1, 1962. Thereafter, the grand jury shall appoint a successor to the member whose term expires that year for a term of three years. Board of finance. Section 2. Said Act, as amended, is further amended

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by striking Section 11 in its entirety and in lieu thereof the following: Section 11. Each of the members of said board shall receive as compensation for their services twenty dollars ($20.00) per diem, not to exceed sixty dollars ($60.00) in any one month, for each day's service which they may perform under this Act. Before entering upon the duties of their office, each member, except the chairman, shall give bond and security in the sum of five hundred dollars ($500.00). Compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia, a bill to change the compensation and the terms of members of the Board of Finance of Hart County; and for other purposes. This 20th day of December, 1955. B. Benson Matheson, Representative, Hart County. Georgia, Hart County. The undersigned hereby certifies that he is editor and publisher of the Hartwell Sun, a newspaper in which sheriff's advertisements are published in Hart County, Georgia, and the official organ of said county, and does further certify that an exact copy of the above and foregoing notice was published in the Hartwell Sun, as required by law for local legislation, and that the said notice was published in said newspaper on the following dates: Friday, December 23, 1955; Friday, December 30, 1955; Friday, January 6, 1956. /s/ Hugh E. Morris Hugh E. Morris, Editor and Publisher, The Hartwell Sun. Approved February 13, 1956.

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EATONTON CHARTER AMENDED. No. 88 (House Bill No. 62). An Act to amend the charter of the City of Eatonton, approved August 5, 1908 (Ga. L. 1908, p. 620), as amended, so as to empower the City of Eatonton, through its mayor and council or other governing body, to adopt ordinances, disburse tax or other general funds, enter into contracts and agreements with the social security agencies of the State of Georgia and the United States, and do any and all other things necessary and proper so as to qualify and maintain said city as an employer under the terms of the Social Security Act amendments of 1950 (Public Law No. 734), and as provided for in an Act relating to social security for employees of political subdivisions of the State, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 294), as amended, to empower the City of Eatonton to establish, maintain and operate said city as an employer under the provisions of the social security laws of the United States and of the State of Georgia; to authorize said city to acquire property; to provide for eminent domain; to provide for the disposition of property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage and approval of this Act, the mayor and council or other governing body of the City of Eatonton shall have power to adopt ordinances, disburse tax or other general funds, enter into contracts and agreements with the social security agencies of the State of Georgia and the United States, and do any and all other things necessary and proper so as to qualify and maintain said city as an employer under the terms of the Social Security Act amendments of 1950 (Public Law No. 734), and as provided for in an Act relating to social security for employees of political subdivisions of the State, approved December 21, 1953 (Ga.

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L. 1953, Nov.-Dec. Sess., p. 294), as amended, to empower the City of Eatonton to establish, maintain and operate as an employer under the provisions of the social security laws of the United States and of the State of Georgia. Social security. Section 2. From and after the passage and approval of this Act, the mayor and council of the City of Eatonton, or other governing body as may hereafter be established for said city, shall be authorized and empowered to acquire, by condemnation, purchase, exchange, gift or otherwise, land, land and buildings, buildings, rights-of-way, easements and appurtenances for any and all municipal purposes, within or without the corporate limits of said city, and within or beyond the County of Putnam and adjoining counties; and for the purpose of acquiring such lands or properties for water works, gas distribution system, sewerage, drainage, sanitation, cemetery or other municipal purposes said mayor and council, or other governing body, shall have the power of eminent domain, and shall be authorized to exercise all the general powers of eminent domain now or hereafter existing, within the corporate limits of the City of Eatonton and in Putnam and adjoining counties. Eminent domain. Section 3. From and after the passage and approval of this Act, the mayor and council or other governing body of said City of Eatonton shall be authorized and empowered to sell, lease, exchange or otherwise in its discretion dispose of municipally owned land, buildings, rights-of-way, parks, commons, grounds, bathing pools, and other properties or facilities, for replacement, exchange or profit, or whenever such governing body shall, in its discretion, deem such properties or facilities surplus, excess, non-essential or no longer usable for the best interests of the citizens of the City of Eatonton. Municipal property. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Legal Notices. Notice is hereby given that I will introduce in the General Assembly of Georgia, in the House of Representatives, at the January-February term, 1956, a local Act with the following caption: An Act to amend the charter of the City of Eatonton (Ga. L. 1908, p. 620 et seq.), as amended, so as to empower the City of Eatonton, through its mayor and council or other governing body, to adopt all ordinances, disburse tax or other general funds, enter into all the contracts and agreements with the social security agencies of the State of Georgia and the United States and to do any and all other things necessary and proper so as to qualify and maintain said city as an employer under the terms of the Social Security Act amendments of 1950 (Public Law No. 734), and as provided for in an Act entitled Federal Social Security ActEmployees of Political Subdivisions of State, approved December 21, 1953 (Ga. L. 1953, Nov.-Dec. Session, p. 294), and subsequent amendments; to empower the City of Eatonton to establish, maintain, and operate as an employer under the provisions of the social security laws of the United States and the State of Georgia; and for other purposes. This 21st day of November, 1955. Dallas Veal, Representative, Putnam County. 11-23 3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dallas Veal, who, on oath, deposes and says that he is Representative from Putnam County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger, which is the official

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organ of said county, on the following dates: Nov. 24, 1955, and Dec. 5 and Dec. 12, 1955. /s/ Dallas Veal, Representative, Putnam County. Sworn to and subscribed before me, this 9 day of Jan., 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal Affixed) Approved February 13, 1956. RICHMOND COUNTY TAX COMMISSIONER. No. 89 (House Bill No. 228). An Act to abolish the offices of Tax Receiver and Tax Collector of Richmond County, Georgia; to create the office of Richmond County Tax Commissioner; to fix his qualifications, his compensation, his duties and his term of office, to provide for deputies, clerks and assistants to the said tax commissioner and to fix their salaries and compensation; to provide for the necessary office expense of such officer and employees; to authorize the transfer of any deputy, clerk, assistant or stenographer to other county offices from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of the tax commissioner, his deputies, clerks and assistants by the County Treasurer of Richmond County; and for the disbursement thereof by the tax commissioner, to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act become effective shall be of full force and effect as to Richmond County Tax Commissioner, so far as the same are applicable, and where not herein

Page 2363

abolished; to provide that the the tax fi. fas. issued by the tax collector and unpaid when this Act takes effect shall continue of full force and be collected by the tax commissioner as could have been by the tax collector; to provide that all fees, commissions, and other costs and compensations formerly paid to either the tax receiver or the tax collector, or collected by either of them before this Act becomes effective, shall be collected by the Richmond County Tax Commissioner and by him paid to the Commissioners of Richmond County, or the bank designated as a depository for the Richmond County funds; to provide, however, that no fee, commission or other charge shall be made for the collection of any taxes levied for school purposes; to provide for the election of Richmond County Tax Commissioner; to provide for the filling of vacancies in the office of tax commissioner; to provide for the giving of bonds by such officers, to provide for reports to the State and county and the making of settlements, the taking of oath of Richmond County Tax Commissioner; and the putting into effect of the provisions of the Constitution of the State, as contained in Article 11, Section 1, Paragraph 6, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the offices of Tax Receiver and Tax Collector of Richmond County, Georgia, are hereby abolished and the duties of the two offices aforesaid are hereby consolidated into one office. Offices abolished. Section 2. Be it further enacted by authority aforesaid that the office of Richmond County Tax Commissioner is hereby created in lieu of said abolished offices of tax receiver and tax collector, and the rights, duties and liabilities of said office of Richmond County Tax Commissioner shall be the same as the rights, duties and liabilities of the tax receiver and tax collector of said county, so far as the same are applicable. Tax Commissioner. Section 3. Be it further enacted by the authority

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aforesaid that all taxes that are due and payable at the time the provisions of this Act become effective, and all tax fi. fas. heretofore issued by the Tax Collector of Richmond County, Georgia, shall have full force and effect and be collected by the Richmond County Tax Commissioner. Section 4. Be it further enacted by the authority aforesaid that all fees, commissions and other compensation presently allowed to the Tax Receiver and Tax Collector of Richmond County and which are not prohibited by Section 9 of this Act shall be collected by said tax commissioner and paid into the treasury of Richmond County, Georgia. All fees, commissions and all other compensation which may hereafter be allowed the offices of tax receiver and tax collector shall be collected by said tax commissioner and paid into the treasury of Richmond County, Georgia, notwithstanding the provision of this Act combining said offices. Fees, commissions. Section 5. Be it further enacted by authority aforesaid that Richmond County Tax Commissioner shall hold office for a term of four (4) years, beginning January 1, 1957, and said tax commissioner shall be elected at the regular general election to be held for the State in 1956, and every four years, thereafter. The Tax Receiver and Tax Collector of Richmond County, Georgia, shall perform the duties of their respective offices through December 31, 1956. Term. Section 6. Be it further enacted by authority aforesaid that said Richmond County Tax Commissioner shall be elected at the general election held in the State of Georgia in the year 1956, and at the same general election each four years thereafter in the same manner, time and place as clerks of the superior court are elected. Election. Section 7. Be it further enacted by authority aforesaid that said Richmond County Tax Commissioner shall be commissioned and qualified as clerks of the superior court are. Commission.

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Section 8. Be it further enacted by authority aforesaid that said Richmond County Tax Commissioner shall receive and be paid as full compensation for all duties performed by him as receiver and collector of State, county, school district and any and all other taxes, including professional, and special taxes as well as cost for issuing tax fi. fas., a fixed salary of $7,875.00 per annum, to be paid in equal monthly installments, said salary to be paid by the Commissioners of Richmond County. Compensation. Section 9. Be it further enacted by authority aforesaid that said Richmond County Tax Commissioner shall receive no fees or compensation for the collection of any taxes levied for school purposes in said Richmond County, and the collection of said taxes shall be considered one of his duties, and the Commissioners of Richmond County shall make no charge against the Board of Education for the County of Richmond for the collection of school taxes in said county. School Taxes. Section 10. Be it further enacted by the authority aforesaid that from and after the effective date of this Act the tax commissioner, deputies and assistants in Richmond County shall be as follows and their salaries shall be fixed by the tax commissioner from time to time at an amount not to exceed the following: 1 Chief deputy commissioner $498.00 per month 1 Bookkeeper and ex officio deputy sheriff, deputy clerk $300.00 per month 1 Deputy commissioner $382.50 per month 1 Deputy commissioner $344.00 per month 1 Clerk and stenographer $275.00 per month 1 Clerk $245.00 per month 1 Clerk $235.00 per month 1 Clerk $235.00 per month 1 Clerk $300.00 per month 1 Clerk and stenographer $245.00 per month 1 Clerk and stenographer $225.00 per month all of whom shall be named from time to time by the

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Tax Commissioner of Richmond County, and all and each of them shall serve at the will of the tax commissioner and be discharged by such tax commissioner, without any claim for any unearned salary or salaries, with the exception of the chief deputy commissioner, which said position shall be filled by the Tax Receiver of Richmond County who is serving in said capacity at the time of the approval of this Act, and such person shall not be removed or discharged from said position without just and sufficient cause, and the chief deputy commissioner's salary shall be the same as the amount fixed by this Act, and the said tax commissioner shall not alter the amount herein fixed for said chief deputy commissioner. The said chief deputy tax commissioner shall be an employee of Richmond County, within the meaning of Paragraph C of Section 2 of the Act approved February 1, 1945, (Ga. L. of 1945, pp. 748-761) and shall be eligible to comply with all of the provisions of said Act and to receive the benefits of retirement therein provided and the chief deputy commissioner shall be an employee of Richmond County within the meaning of the Act approved February 1, 1945 (Ga. L. 1945, pp. 748-761 inclusive), known as the Richmond Employees Pension Fund, and shall be eligible to comply with all of the provisions of said Act including Section 22 thereof, and to participate in the benefits provided under the terms thereof. Compensation of deputies and assistants. Section 11. Be it further enacted by authority aforesaid that before entering upon the duties of his office the said Richmond County Tax Commissioner shall take the oath now prescribed by law for tax receiver and tax collector, and he and his deputies assistants and employees shall give a bond in such sums as may be fixed by the Commissioners of Richmond County, Georgia, which bonds shall be signed as surety by a bonding company legally authorized to do business in the State of Georgia and shall be approved by the Commissioners of Richmond County, for said county; and the bond premiums shall be paid by the Commissioners of Richmond County out of the funds of Richmond County, Georgia, as a part of the expense of county government. Oath and bonds.

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Section 12. Be it further enacted by authority aforesaid that said Richmond County Tax Commissioner shall have his office in the courthouse of Richmond and shall keep his office open every day of the year except Sundays and legal holidays for the purpose of receiving and collecting all taxes. Office. Section 13. Be it further enacted by authority aforesaid that if at any time a vacancy should occur in the office of said Richmond County Tax Commissioner, that the same shall be filled at a special election to be called and conducted by the chairman of the County Commissioners of Richmond County, Georgia, within a period of sixty (60) days after the said vacancy shall have occurred, provided that the general election laws of the State of Georgia shall control the procedure in said election. Vacancies. Section 14. Be it further enacted by authority aforesaid that if at any time there should occur a vacancy in the office of Richmond County Tax Commissioner, it shall be the duty of the Commissioners of Richmond County and they are hereby empowered to designate immediately some competent person to take charge of said office and perform the duties thereof until an election is held and a tax commissioner is qualified and assumes the duties of said office and such person so appointed shall receive as compensation for his services a pro rata share of the yearly salary of Richmond County Tax Commissioner and he shall give the bond and take the oath required of said tax commissioner herein. Same. Section 15. Be it further enacted by authority aforesaid that said Richmond County Tax Commissioner be, and he is hereby, required to furnish the Commissioners of Richmond County with an itemized statement under oath, each month of all fees, commissions, costs or other money received and collected by him for said county and to furnish such reports to the State authorities as are now required or may hereafter be required of tax receivers and tax collectors of this State. And said Richmond County Tax Commissioner is required to make

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settlement on the 10th day of each month with the Commissioners of Richmond County of all moneys collected by him during the previous month, and shall make settlement with the State authorities as provided by law. Statements. Settlements. Section 16. Be it further enacted by authority aforesaid that the necessary office expense of the tax commissioner herein named shall, when approved by the county board of commissioners or other fiscal agent of said county, be paid out of the treasury of such county monthly, and the said tax commissioner is required to furnish to the county commissioners, or other fiscal agent, an itemized statement of such necessary expenses at the first regular meeting of such board, or the fiscal agent in each month; provided the county aforesaid shall only be liable for the payment of such items of expense as are approved by such board of commissioners or other fiscal agents; provided, nevertheless, before any such item of expense shall be paid by the county treasurer, an itemized statement thereof shall be furnished, and the same shall have been paid, the same shall be deducted from any amount or amounts that may be due to the person who has collected the same. No credit shall be taken for items unless duly itemized and authorized by said county commissioners or other fiscal agent. Expenses. Section 17. Be it further enacted by authority aforesaid that in case of emergency arising in said office of tax commissioner, upon the same being called to the attention of the Board of Roads and Revenues of Richmond County by the said tax commissioner in writing, the said board, upon a vote of a majority of such board, may authorize such tax commissioner so applying to appoint such additional number of deputies and/or clerks as such board deems necessary; and such board shall fix their compensation; provided, nevertheless, when, in the opinion of a majority of such board, such emergency shall have ceased, such board may discharge or require the discharge or dismissal of any or all such emergency appointees. All such emergency clerks or deputies, or

Page 2369

other employees, of said office of tax commissioner shall be paid by lawfully serving as such from the county treasury in the same manner as other salaries are paid. Emergency appointees. Section 18. Be it further enacted by the authority aforesaid that it shall be proper and lawful for the Treasurer of Richmond County, or other custodian or depository of county funds, to pay out of the county funds a monthly portion of such salaries and expenses to the said tax commissioner, together with the salaries fixed, for the assistants, deputies, clerks and expenses of the office, and it shall be the duty of the tax commissioner to dispense the salaries of the clerks, deputies, assistants, employees and expenses of the office. Section 19. Be it further enacted by the authority aforesaid that the Board of Commissioners of Roads and Revenues of Richmond County shall have the right in case of emergency to authorize pay raises for the tax commissioner, his deputies, assistants and employees provided for by this Act and shall have the authority to employ additional employees or assistants in the office of the Tax Commissioner in Richmond County and shall have the authority to fix compensation for such additional assistants, clerks or employees, provided, nevertheless, said board of commissioners may at any time require the discharge of any such emergency employee or the reduction in pay of any emergency pay increase granted to any of the employees or the tax commissioner provided for by this Act. Pay raises. Section 20. Be it further enacted by the authority aforesaid that there shall be no obligation upon the tax commissioner to keep filled all such positions in his respective offices when, in his judgment, any such deputy, clerk or assistant, or any other employee, may be advantageously dispensed with, and such tax commissioner may from time to time fill, or fail to fill, any such positions, with the exception of the position of chief deputy commissioner, which shall be filled in accordance with Section 10 of this Act.

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Section 21. Be it further enacted by authority aforesaid that if for any reason any portion of this Act shall be held by the court of last resort of this State to be unconstitutional, the whole of this Act shall not hereby become void but only so much of the same as may be held to be unconstitutional; the purpose of this Act being to put into effect the Constitution of this State as contained in Article 11, Section 1, Paragraph 6. Section 22. Be it further enacted by the authority aforesaid that all laws or portions of laws in conflict herewith are hereby repealed. Section 23. A copy of the notice of intention to apply for this local legislation and the affidavit of its authors that said notice has been published as required by law are attached hereto and made a part hereof, and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to the notice of intention to apply for local legislation have been complied with for the enactment of this law. Georgia, Richmond County: Personally appeared before the undersigned officer, duly authorized by law to administer oaths, W. W. Holley, R. Lee Chambers and Carl E. Sanders, who, on oath, depose and say that they are the authors of the foregoing legislation, and that the following notice was published in the Augusta Herald, the official gazette for the sheriff's advertising in Richmond County, on the 20th and 27th days of December, 1955, and on the 3rd day of January, 1956. /s/ W. W. Holley W. W. Holley /s/ R. Lee Chambers R. Lee Chambers /s/ Carl E. Sanders Carl E. Sanders

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Sworn to and subscribed before me, this 23rd day of January, 1956: /s/ John W. Sognier, Notary Public, Chatham County, Georgia. Affidavit of Publication. Attorney or Agency, Frank H. Pierce Business, Attorney-At-Law State of Georgia, Richmond County. Personally appeared, J. E. Webb, who being duly sworn says that he is an officer of Southeastern Newspapers, Inc., publishers of the Augusta Herald a daily newspaper in Augusta, in said State and county, and that the advertisement Notice to Apply to the General AssemblyAn Act to Abolish the Office of Tax Receiver and Tax Collector of Richmond County, Georgia, duly appeared in said newspaper on the following dates to wit: December-20-27-1955-January-3-1956. /s/ J. E. Webb, Asst. Treas. (Title) Sworn to and subscribed before me, this 13th day of January, 1956. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires July 13, 1959. (Seal Affixed) Notice is hereby given of the intention to apply to the General Assembly of Georgia at its regular 1956 session for the presentation of a local or special bill, to be entitled: An Act to abolish the offices of Tax Receiver and Tax Collector of Richmond County, Georgia; to create the office of Richmond County Tax Commissioner; to fix his

Page 2372

qualifications, his compensation, his duties and his term of office; to provide for deputies, clerks and assistants to the said tax commissioner and to fix their salaries and compensation; to provide for the necessary office expense of such officer and employees; to authorize the transfer of any deputy, clerk, assistant or stenographer to other county offices from time to time when the exigencies of the case may require same; to provide for emergency help; to provide for the payment of the tax commissioner, his deputies, clerks and assistants by the County Treasurer of Richmond County; and for the disbursement thereof by the tax commissioner, to provide that the laws of force as to tax receiver and tax collector when the provisions of this Act become effective shall be of full force and effect as to Richmond County Tax Commissioner, so far as the same are applicable, and where not herein abolished; to provide that the tax fi. fas. issued by the tax collector and unpaid when this Act takes effect shall continue of full force and be collected by the tax commissioner as could have been by the tax collector; to provide that all fees, commissions, and other costs and compensations formerly paid to either the tax receiver or the tax collector, or collected by either of them before this Act becomes effective, shall be collected by the Richmond County Tax Commissioner and by him paid to the Commissioners of Richmond County, or the bank designated as a depository for the Richmond County funds; to provide, however, that no fee, commission or other charge shall be made for the collection of any taxes levied for school purposes; to provide for the election of Richmond County Tax Commissioner; to provide for the filling of vacancies in the office of tax commissioner; to provide for the giving of bonds by such officer; to provide for reports to the State and county and the making of settlements, the taking of oath of Richmond County Tax Commissioner; and the

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putting into effect of the provisions of the Constitution of the State, as contained in Article 11, Section 1, Paragraph 6, and for other purposes. William W. Holley, Carl E. Sanders, R. Lee Chambers, Representatives, Richmond County, Georgia. Dec. 20, 27, Jan. 3. Approved February 13, 1956. TAX RECEIVER'S COMMISSIONS IN CERTAIN COUNTIES. No. 91 (House Bill No. 50). An Act to amend an Act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties, approved March 4, 1955 (Ga. L. 1955, p. 2639), so as to increase the amount of county-wide school tax to be received by the tax receiver from one and one-fourth percent to two and one-half percent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the amount of county-wide school tax which shall be received by the tax receiver in certain counties, approved March 4, 1955 (Ga. L. 1955, p. 2639), is hereby amended by striking from Section 1 the words and figures one and one-fourth (1), and inserting in lieu thereof the words and figures two and one-half (2), so that Section 1, as so amended, shall read as follows: Section 1. In all the counties of this State having a population of not less than 6,050 and not more than 6,300, according to the official United States census of 1950, or any future census, the tax receiver shall receive two and one-half (2) percent of the county-wide school taxes which are collected and such commission shall be in addition to any other compensation received by said tax receiver.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 13, 1956. ROBERTA LIMITS EXTENDED. No. 93 (House Bill No. 64). An Act to amend an Act creating a new charter for the City of Roberta, approved December 10th, 1937 (Ga. L. Ex. Sess. 1937-1938, p. 1273, et seq.), as amended; to change and extend the corporate limits of the City of Roberta from the present limits of twelve hundred yards in every direction from the Benjamin Hawkins monument in said city, so as to annex and include within said city limits all that area adjoining the present limits of the city on the west and southwest known as Linda Park Subdivision, and as shown on plat of said subdivision made by Winchester Engineering Company, a copy of which is of record in Plat Book 1, page 45, in the office of the Clerk of the Superior Court of Crawford County, Georgia; but to include and annex no area not now within said city limits other than that included within the outer boundaries of said subdivision and the road or street adjoining the same on the east; to give the City of Roberta, and each of its departments and officers, jurisdiction within the annexed territory for the purpose of exercising all rights, powers and privileges possessed by said city under its charter as amended; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. That the Act approved December 10th, 1937 (Ga. L. Ex. Sess. 1937-1938, p. 1273, et seq.), as amended, be and the same is hereby amended by extending and enlarging the corporate limits of the City of Roberta from the existing limits as defined in said Act of twelve hundred yards in every direction from the Benjamin Hawkins monument in said city, so as to annex and include within said city limits all that area adjoining the existing limits of the city on the west and southest known as Linda Park Subdivision, and as shown on plat of said subdivision made by Winchester Engineering Company, a copy of which is of record in Plat Book 1, page 45, in the office of the Clerk of the Superior Court of Crawford County, Georgia; but to include and annex no area not now within said city limits other than that included within the outer boundaries of said subdivision and the street adjoining the same on the east. Description. Section 2. That all powers and authority of the City of Roberta, under its charter as amended, and its ordinances, and all laws appertaining to said city as a municipality, and the rights and privileges of those residing therein, are hereby extended and made effective in every part of the territory included with the limits annexed as set forth in the foregoing section; and the power and authority of the officers and departments of the City of Roberta are extended in all respects to include all the area as defined in this Act of annexation and extension. Section 3. The affidavit made to prove legal publication of notice of intention to apply for passage of this Act, which is hereto attached, is made a part hereof. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Crawford County. Personally appeared before the undersigned officer authorized by law to administer oaths, Mrs. Alton C. Moncrief, who, on oath, deposes and says that she is the editor of The Georgia Post, a newspaper published in Crawford County, Georgia, and being the newspaper in which the sheriff's advertisements for Crawford County are published, and that the following notice is a true and correct copy of the notice entitled Notice of Intention to Apply for Local Legislation for the City of Roberta which was duly published in the aforesaid newspaper once a week for three consecutive weeks, to wit: December 15th, 22nd and 29th, 1955. Notice of Intention to Apply for Local Legislation for the City of Roberta. Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia a bill to extend the corporate limits of the City of Roberta from the present limits of twelve hundred yards in every direction from the Benjamin Hawkins monument in said city so as to include with said city limits all that area adjoining the present city limits on the west and southwest, known as Linda Park Subdivision, and as shown on plat of said subdivision made by Winchester Engineering Company, a copy of which is of record in Plat Book 1, page 45, Clerk's Office, Superior Court of Crawford County; and to repeal conflicting laws. This 8th day of December, 1955. (12'15'3) R. Clifton Murphey, Representative, Crawford County, Ga. /s/ Mrs. Alton C. Moncrief.

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Sworn to and subscribed before me, this 30 day of December, 1955. /s/ W. D. Aultman, N. P. Peach County, Ga. (Seal Affixed) Approved February 13, 1956. LAW BOOKS TO FRANKLIN COUNTY. No. 3 (House Resolution 49-130a). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Franklin County; and for other purposes. Whereas, most of the volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports are missing from the office of the Clerk of the Superior Court of Franklin County, and Whereas, such books are necessary for the clerk and the judge to transact the business of such court, and that of the county and of the State, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Franklin County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports, without cost to the clerk or to the county, except for the payment of packing and transportation charges, if any, which shall be paid by Franklin County. Be it further resolved, that if for any reason the State Librarian can not furnish any of the books above

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specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided such funds are available from any unappropriated funds. Approved February 13, 1956. NATIONAL JUNIOR CHAMBER OF COMMERCE WEEK. No. 5 (House Resolution No. 44). A Resolution. Commending the National Junior Chamber of Commerce and designating National Junior Chamber of Commerce Week; and for other purposes. Whereas, the National Junior Chamber of Commerce is now in its thirty-sixth year, and Whereas, January 14 to January 21 has been designated as National Jaycee Week, and Whereas, this organization has performed a wonderful service for this country and has carried on innumerable worthwhile projects, and Whereas, many of the present and future leaders of our Nation are members of the Jaycees, Now, therefore, be it resolved by the General Assembly of Georgia, that the National Junior Chamber of Commerce is hereby extended sincerest congratulations on its thirty-sixth birthday, and is hereby commended for the magnificent part it has played in the development of our great Nation. January 14 to January 21 is hereby designated as National Jaycee Week in Georgia, and all the citizens of this State are called upon to pay tribute to this fine organization.

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Be it further resolved, that the Clerk of the House of Representatives is hereby directed to transmit a copy of this Resolution to the National President of the Jaycees, and a copy to the Georgia President of the Jaycees. Approved February 13, 1956. COMPENSATION TO MR. HORACE EVANS FOR INJURIES. No. 8 (House Resolution No. 3-18c). A Resolution. Authorizing compensation to Horace Evans, Sr.; and for other purposes. Whereas, on November 14, 1953 Horace Evans, Jr., of Houston County was riding as an invitee in a State Patrol car being driven by a State Patrolman; and Whereas, due to the negligence of the driver of said car, the car overturned and Horace Evans, Jr. suffered severe injuries necessitating the expenditure of a large sum of money for medical expenses by Horace Evans, Sr., his father; and Whereas, it is only just and proper that Horace Evans, Sr., be reimbursed for the expenditure of such funds; Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Safety is hereby authorized and directed to pay to Horace Evans, Sr. of Houston County the sum of three thousand seven-hundred fifty ($3,750.00) dollars, as compensation as set out above. Said sum shall be paid

Page 2380

from the funds appropriated to or available to said department. Approved February 13, 1956. ARMOUR COMPANY COMMENDED. No. 10 (House Resolution No. 97). A Resolution. To acknowledge contributions and accomplishments of Armour and Company in Tift County, Georgia; and for other purposes. Whereas, the State of Georgia has embarked on a program of unprecedent industrial development, and Whereas, the success of this program is largely attributable to those industries which have been long established in this State, and Whereas, Armour and Company, its management and employees, has for many years contributed greatly in the economical progress of the people of this State through its activities, employment of Georgia citizens, and large scale purchasing of Georgia products, and Whereas, the people of Tift County, Georgia, have set aside a week in January, 1956, known and designated as Armour Week in order to pay particular recognition of tribute to this great company which has contributed for so long in the economic life in that area. Now, therefore, be it resolved by the House of Representatives of the State of Georgia, and the Senate concurring that the accomplishments and contributions of Armour and Company to the State of Georgia are hereby acknowledged with the gratitude and appreciation

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of this body, together with profound hope and desire that this mutual relationship shall continue to thrive successfully for many, many more years to the enrichment and benefit of both parties as it has in the past. Be it further resolved that duly attested copies of this Resolution be immediately transmitted to the President of Armour and Company, and to the management of the Tift County, Georgia, branch of Armour and Company. Approved February 13, 1956. HON. JOHN H. DRUFFEL COMMENDED. No. 17 (House Resolution No. 74). A Resolution. Commending Honorable John H. Druffel, United States District Judge for the Southern District of Ohio, for his statesmanship in refusing to supinely surrender to the absurd directives of the Sixth Circuit Court of Appeals. Whereas, it has been brought to the attention of this General Assembly that the Honorable John H. Druffel, United States District Judge for the Southern District of Ohio, has on January 5, 1955, indicated his determination to ignore the absurd directives of the Sixth Circuit Court of Appeals in ordering him to frame decrees providing for immediate desegregation of the public schools in Hillsboro, Ohio; and Whereas, such an injudicious order by the Sixth Circuit Court of Appeals represents an unwarranted interference with a Chancellor's discretion, and constitutes a dictatorial assertion of power by ambitious members

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of the intermediate Federal judiciary cognizant of the unfortunate reality that qualification for the United States Supreme Court under the present administration is more a matter of political allegiance to socialism and the N.A.A.C.P. than of legal ability; and Whereas, as a result thereof, Judge Druffel has been the recipient of unrelenting abuse and ridicule by the Communists, the N.A.A.C.P., and other white-hating groups; and Whereas, such patriotism and judicial statemanship should not go unnoticed: Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that this General Assembly express its profoundest respect and admiration for Judge Druffel, as aforesaid. Be it further resolved, that a copy of these presents be forthwith transmitted to Judge Druffel. Approved February 13, 1956. COMPENSATION TO MR. LINCOLN FORTUNE FOR DAMAGES. No. 25 (House Revolution No. 80-214e). A Resolution. Authorizing payment for damages to Mr. Lincoln Fortune to a fish cargo truck owned by Mr. Lincoln Fortune. Whereas, on or about the 23rd day of June, 1954, a truck owned by Mr. Lincoln Fortune was proceeding on Georgia Highway No. 96 from Butler, Georgia, to Geneva, Georgia, when a 1949 Ford dum truck owned by the State Highway Department of Georgia, driven

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by Felton Cranston York (681959), of Waverly Hall, Georgia, said truck bearing License Number, State Truck 1456, No. Truck SHD1-1376, without notice, while driven on Highway No. 96 in the general direction of Butler, Georgia, turned onto a road, making a left turn and without giving any signal of any kind, directly into the path of the truck owned by Mr. Fortune, badly damaging the same, and causing loss of a truckload of seafood; and Whereas, the driver of the State Highway Department truck, following his arrest on a charge of reckless driving, and causing a wreck, did subsequently appear in the Court of Ordinary of Talbot County, Georgia, and did enter a plea of guilty to the charges as preferred by the State Highway Patrol investigating officers, who found the driver of the Fortune truck blameless; and Whereas, the cause of the collision was the reckless manner in which the State Highway Department truck was operated; and Whereas, the damages to the truck of Mr. Lincoln Fortune were $446.56, as shown by invoice covering the repairs made by Dawson Truck Tractor Company, Dawson, Georgia; and the loss of the seafood, being wholesale cost and the amount of the invoice from G L Fisheries, of Leesburg, Florida, from which firm the seafood had been purchased and for which the sum of $514.94 had been paid, the said fish and other seafoods being hauled to Talbot and adjoining counties, amounted to $514.94, making a total out of pocket loss, exclusive of loss of use of the vehicle, of $961.50; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department be hereby directed to pay to Mr. Lincoln Fortune, of Talbotton, Georgia, the sum of $961.50 for the damages as set out above. Said sum

Page 2384

shall be paid from funds appropriated to said department. Approved February 17, 1956. CAIRO CORPORATE LIMITS EXTENDED. No. 95 (House Bill No. 406). An Act to amend an Act incorporating the City of Cairo, prescribing the limits thereof, and for other purposes, approved August 6, 1906 (Ga. L. 1906, p. 573) and all Acts amendatory thereto; more particularly an Act approved August 20, 1927 (Ga. L. 1927, p. 939); to provide for the extension of the limits of the City of Cairo; to fix the boundaries thereof; 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 Cairo, prescribing the limits thereof, and for other purposes, approved August 6, 1906 (Ga. L. 1906, p. 573) and all Acts amendatory thereto; more particularly an Act approved August 20, 1927 (Ga. L. 1927, p. 939), is hereby amended by extending the corporate limits of the City of Cairo 1500 feet equal distance on all sides so that when said corporate limits are so extended 1500 feet equal distance on all sides the northeast boundary line shall be 1500 feet northeast of the present northeast boundary line of said city as fixed by an Act approved August 20, 1927 (Ga. L. 1927, p. 939), and running parallel thereto and extending far enough southeast and northwest so as to intersect the southeast and northwest boundary lines of said city as hereinafter set forth and fixed by this Act, and the southeast line of said city shall be 1500 feet southeast of the present southeast boundary line of said city, as fixed by said Act of 1927, and running parallel thereto and extending far enough northeast and

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southwest to intersect the northeast and southwest boundary lines of said city as extended and set forth herein and fixed by this Act, and the southwest city limits of said city shall be 1500 feet southwest of the present southwest boundary line of said city as fixed by said Act of 1927, and running parallel thereto and extending far enough northwest and southeast to intersect the northwest and southeast boundary lines of said city as extended and set forth herein and fixed by this Act, and the northwest line of said city shall be 1500 feet northwest of the present northwest boundary line of said city as fixed by said Act of 1927, and parallel thereto and extending far enough northeast and southwest to intersect the northeast and the southwest boundary line of said city as extended and set forth herein and fixed by this Act: Description. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. This Act to become effective upon its approval. Section 4. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all of the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Georgia, Grady County. I, R. E. Wind, do hereby certify that I am the Business Manager of the Cairo Messenger, a newspaper, in which the sheriff's advertisements for Grady County, Georgia are published. I do further certify that the following notice of local legislation, to wit:

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To whom it may concern: You are hereby notified that the undersigned intends to introduce in the 1956 January session of the General Assembly of the State of Georgia, a local or special bill for the purpose of amending that certain Act approved August 6, 1906 (Ga. L. 1906, p. 573) incorporating the City of Cairo, as amended from time to time, to extend the present corporate limits of the City of Cairo, said extension to be equal distance and uniform on all sides. This the 9th day of January, 1956. R. A. Harrell, Representative, Grady County, Georgia. was published in said Cairo Messenger in the issues thereof published on January 13, January 20, and January 27, 1956. /s/ R. E. Wind R. E. Wind Sworn to and subscribed before me, on this 27th day of Jan., 1956: /s/ Angus Edwards Jr., Notary Public, Grady Co., Ga. Comm. expires 11-1-57. (Seal) Approved February 15, 1956. COLUMBUS CORPORATE LIMITS EXTENDED. No. 101 (Senate Bill No. 122). An Act to amend the charter of the City of Columbus in the County of Muscogee; to extend the present corporate limits of said city so as to include therein certain territory in the County of Muscogee contiguous

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to and north, northeast, east, southeast, south and west thereof; defining the boundaries of such territory; providing for a referendum to be held in said city and in the territory proposed to be annexed to determine whether this Act shall go into effect; fixing the qualifications of voters in said referendum and providing for the declaration of the result thereof; providing for the date that such proposed territory shall be included in the corporate limits of the City of Columbus; providing penalties for illegal voting; providing that prior to the date when said territory would become a part of said city the proper city authorities may make assessments of property located in said territory for purposes of taxation so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city; providing, if the combined vote of the two referendums is in favor of annexation, the voting qualifications of the residents of said territory in all city elections held during the year 1958, and providing that such residents shall be eligible for nomination and election to the commission of the City of Columbus for any term beginning in January, 1959 and thereafter; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Columbus in the County of Muscogee be, and the same is, hereby amended as follows: Section 1. Additional territory described. That the present corporate limits of the City of Columbus, hereinafter designated as city, be, and they are, hereby extended so as to include within said corporate limits that certain territory in the County of Muscogee contiguous

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to and north, northeast, east, southeast, south and west of such present corporate limits as is comprised within the following boundary lines, to wit: All that tract or parcel of land situate, lying and being in Muscogee County, Georgia, and being more particularly described as follows: Beginning at the point where a westerly extension of the north line of Land Lot 92 of the 8th District of said county intersects the mean high water mark on the Western (Alabama side) bank of the Chattahoochee River; and from said point of beginning running thence east across the Chattahoochee River along said westerly prolongation of the north line of said Land Lot 92 to the northwest corner of said Land Lot 92; thence continuing east along the north lines of Land Lots 92, 86, 75, 66 and 55, of said 8th District, to the northeast corner of said Land Lot 55; thence running south along the east line of said Land Lot 55, said 8th District, to the southeast corner of said Land Lot 55, which point is also the northwest corner of Land Lot 47, 8th District, Muscogee County, Georgia; thence running east along the north line of Land Lot 47, said 8th District, to the northeast corner of said Land Lot 47; thence running south along the east line of Land Lot 47, said 8th District, to the southeast corner of said Land Lot 47, which point is also the northwest corner of Land Lot 33, said 8th District; thence running east along the north line of Land Lot 33, said 8th District, to the east line of said Land Lot 33; thence running south along the east line of Land Lot 33 to the southeast corner of said Land Lot 33; which point is also the northwest corner of Land Lot 29, said 8th District; thence running east along the north lines of Land Lots 29 and 12, said 8th District, to the northeast corner of said Land Lot 12; thence running south along the east lines of Land Lots 12 and 11, said 8th District, to the southeast corner of said Land Lot 11; thence running west along the south line of said Land Lot 11, which line also separates the 8th District of said county from the Coweta Reserve of said county, to the northeast corner of Land Lot 134 of the Coweta Reserve of said county; thence running south along the

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east lines of Land Lots 134 and 133 of said Coweta Reserve to the southeast corner of said Land Lot 133; thence running west along the south lines of Land Lots 133 and 116 of the Coweta Reserve to the southwest corner of said Land Lot 116, which corner is also the northeast corner of Land Lot 112 of the Coweta Reserve; thence running south along the east lines of Land Lots 112, 111, 110, 109, 108, 107 and of 106 to the point where the northeasternmost right-of-way line of the Central of Georgia Railroad (to Albany) intersects said east line of Land Lot 106; thence continuing southeasterly along the northeasternmost right-of-way line of the said Central of Georgia Railroad (to Albany), diagonally across Land Lots 123 and 124 of the Coweta Reserve, and diagonally across Land Lot 7, 7th District, all in Muscogee County, Georgia, to the east line of said Land Lot 7 of said 7th District; thence south along the east line of Land Lot 7, 7th District, to the southeast corner of said Land Lot 7, which corner is also the northwest corner of the Sand Hill area of the U. S. Military Reservation, Fort Benning, Georgia; and thence continuing south along the east lines of Land Lots 15, 28 and 39, 7th District, Muscogee County, Georgia, which east lines constitute the west line of the said Sand Hill area of the U. S. Military Reservation, Fort Benning, Georgia, to the point where the north line of the U. S. Military Reservation, Fort Benning, Georgia, intersects the east line of said Land Lot 39, said 7th District; thence from said point running westerly along the said north line of the Reservation to the point where said north line of the Reservation intersects the south line of Land Lot 28, said 7th District; thence running in a westerly direction along the south lines of Land Lots 28, 29, 30, 31, 32 and 33, of said 7th District, Muscogee County, Georgia, and continuing on in a westerly direction along a prolongation of the south line of said Land Lot 33 across the Chattahoochee River to the point where said prolongation of the south line of said Land Lot 33 intersects the mean high water mark on the west bank (Alabama side) of the Chattahoochee River; thence northeasterly and northerly, along the said mean high water mark line of the

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westernmost bank of the Chattahoochee River, to the point where such line is intersected by the presently existing south city limit line of the City of Columbus, Georgia; thence easterly and following the present city limit line (in a counterclockwise direction) in its various directions, to the northwesternmost corner of the said present city limits, which is located at a point 50 feet north of the northwest corner of Block 1, of the Sharpe-Horne Survey; thence running in a southerly and westerly direction along the westernmost lines of the presently existing city limit lines of the City of Columbus to the point where the presently existing north city limit line intersects the mean high water mark of the west bank (Alabama side) of the Chattahoochee River; thence running northerly along the meanderings of the said mean high water mark along the west bank of the Chattahoochee River to the point of beginning. That area included within the present corporate limits of the municipality of Bibb City, Muscogee County, Georgia, is not included in the area proposed to be annexed to the City of Columbus and is specifically excluded from the above described territory and is to remain an independent municipality. Section 2. Effective date. That the inclusion within the corporate limits of said city of the territory above described shall not become effective until two referendum elections, one held in said city and one in said territory, in accordance with the provisions hereinafter set forth, have resulted in a combined vote favoring such annexation, and upon such favorable vote, the inclusion of said territory within the corporate limits of the City of Columbus shall be effective at 12:01 A.M., December 31, 1958. Section 3. Contiguous territory referendum. That the Ordinary of Muscogee County shall submit to the qualified voters residing within the territory above described, by giving the notice provided for in Section 8 hereof, the question of the inclusion of said territory within the corporate limits of said city by calling a referendum election.

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The ordinary shall provide such polling places for voters in said territory as the ordinary may deem necessary and convenient for the voters therein. He shall appoint such managers for such ballot boxes at such polling places as he deems necessary for the conduct of such referendum election. Such managers shall be sworn by the ordinary or a notary public to manage said election. The laws and regulations applicable to general county elections, and which are not in conflict with specific provisions of this Act, shall apply to said election. Section 4. Qualifications of territorial voters. At said election in said territory proposed to be annexed, only qualified voters of said county who have continuously resided in said territory proposed to be annexed for at least six months next preceding the day of said election, and who are also otherwise qualified by law to vote in the general election to be held in November, 1956, shall be permitted to vote. Section 5. Territorial voters' lists and oaths. That the ordinary shall use those lists of qualified voters in said territory prepared, purged and supplemented in accordance with the provisions relating to general and special elections as contained in Code of Georgia of 1933, Section 34-4 and other applicable statutes of Georgia. If the ordinary deems it desirable, he may require that the managers of such ballot boxes and polling places may require each prospective voter to swear that he has resided within the territory where he offers to vote continuously for six months next preceding the date of said election, and for this purpose said managers are hereby empowered to administer oaths. The ordinary may determine the qualifications for such voters in the territory to be annexed, either through the use of voters' lists prepared as herein provided or through the administering of the oaths as to residence within such territory as provided herein or a combination of both procedures for determining such qualifications. Section 6. Count of territorial ballots. The managers

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of said election in said territory proposed to be annexed shall, immediately upon the closing of the polls, count the ballots cast at the election and shall deliver to the ordinary the sealed ballot boxes, the sealed ballots, tally sheets and lists of voters, if any or all of such are used. At or before noon of the day following said election, or as soon thereafter as practicable, the managers shall certify to the ordinary the result of the election. Section 7. City referendum. That the commission of the City of Columbus, at a regular or special meeting, shall, by adoption of a resolution to be effective immediately upon passage, submit to the qualified voters of the city, at a referendum election to be held as hereinafter provided and upon the same day as the election called by the ordinary as above provided, the question of the inclusion of said described territory within the corporate limits of said city. Said election called by said commission shall be held under the same rules and regulations governing general and special elections, and at the same places, as elections for members of said commission are held. Persons registered prior to May 5, 1956, shall be qualified to vote in said election. Section 8. Time of elections. The two elections herein provided for shall be held on the second Wednesday of September, 1956, the date of the State primary election. The polls within the city and within the territory proposed to be annexed shall open at 7 o'clock A.M. and close at 7 o'clock P.M. After the passage of this Act and its approval by the Governor, and prior to the date of said elections, the city clerk of said city shall cause the entire Act to be published one time in the newspaper of said city in which advertisements of sheriff's sales in Muscogee County are published. The ordinary shall issue his call for the election herein provided for, in sufficient time to allow the notice of said election to be published in said newspaper once a week for four weeks on any dates prior to the date of said elections. Said notice shall be a joint notice, signed by the ordinary and the city clerk of said city, and shall set forth the date of the elections,

Page 2393

the hours of voting and the location of the polling places. A detailed description of the territory proposed to be annexed need not be set forth in said notice, but certified copies of this Act shall be kept on file by the ordinary and the city clerk prior to said elections, and such certified copies of the Act shall be subject to public inspection at all reasonable times. Section 9. Form of ballot. The general form of ballot and the method of voting to be used in said elections shall comply as nearly as practicable with the form and method set forth in the Act of the General Assembly of Georgia approved March 20, 1943, contained in Ga. Laws 1943, pages 290 and 291. The ballot shall show the purpose of the elections by general reference to this Act, and shall have plainly printed thereon the words For annexation and Against annexation. Voters favoring annexation shall strike from the ballot the words Against annexation and voters opposing annexation shall strike from the ballot the words For annexation. In any or all of the precincts of said territory proposed to be annexed, in the discretion of the ordinary, or of the City of Columbus, in the discretion of the city clerk, as the case may be, ballots or votes in said referendum election may be cast, registered, recorded and counted by means of voting machines, authorized and used, as otherwise provided by laws. Section 10. Certification of city election; consolidation of votes; joint proclamation; effective date; record. The managers of the election held in the City of Columbus shall at noon of the day following said election, or as soon thereafter as practicable, certify to the commission of the City of Columbus at a regular or special meeting, the result of said election in the city; and the mayor and ordinary shall consolidate the total vote cast in said elections both inside the city and in the territory proposed to be annexed as hereinbefore provided, and if it shall appear that a majority of the total number of votes cast in said elections (adding all votes cast inside and

Page 2394

all votes cast outside the city together) favor annexation, then the ordinary and the mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Columbus shall be extended on December 31, 1958, so as to include the territory within the boundaries hereinbefore described, and said territory shall, on December 31, 1958, become a part of said City of Columbus and subject to all the laws and ordinances governing the same. The consolidation of the votes in said election and the proclamation of the mayor shall be entered on the minutes of the commission of said city and on the minutes of the Court of Ordinary of Muscogee County. Section 11. Territorial voters qualified for city elections before annexation. If the combined vote of the two elections provided for in Sections 3 and 7 above is in favor of said annexation, then at the primary election and at the general election to be held in said city, for the nomination and election of members of the commission of the City of Columbus, as well as any special election, held during the year 1958, those residents of said territory proposed to be annexed shall be qualified voters in said primary, in said general and special elections, upon the same terms and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general or special elections actually a part of said city. The city registrars in making up the list of qualified voters in said elections shall include the residents of said territory so qualified to vote as above set forth. The residents of said annexed territory who are so qualified to vote shall likewise be eligible for nomination and election to the commission of the City of Columbus for any term beginning in January of 1959, length of residence and qualifications as a voter in said annexed territory immediately preceding December 31, 1958, to be counted, for said purposes, as equivalent to residence and voting qualifications within the corporate limits of said city. Section 12. Expenses of two elections. That the entire

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expense of the two elections herein provided for, to be held within the city and in the territory proposed to be annexed, shall be paid by the City of Columbus. The Ordinary shall certify to the Treasurer of the City the cost of holding the election in the territory proposed to be annexed, including reasonable compensation to the managers of said election, together with other reasonable expenses usually incident to elections. Section 13. Illegal voting. That should any person vote in said elections, provided for in Sections 3 and 7 above, who is not registered and qualified to vote, or shall vote at more than one polling place, or (in case of those voting in the proposed extension) who has not continuously resided in the territory proposed to be annexed for at least six months next preceding the day of the election, he shall be deemed guilty of illegal voting, and upon conviction thereof, shall be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Section 14. Tax assessments; ordinances. That if the combined vote of the two elections provided for herein is in favor of said annexation, then between the date of the proclamation of the result of said elections, and the date when said territory actually becomes a part of said city, the proper city authorities may make assessments of property located in such territory for purposes of taxation, so that taxation may become effective upon said territory actually becoming a part of said city; enact such tax ordinances and other ordinances, make such appropriations, and perform such other functions with regard to said territory and its inhabitants as may be necessary or expedient properly to govern said territory immediately upon its actual inclusion within the corporate limits of said city. Section 15. Repeal of conflicting laws. That all laws or parts of laws in conflict herewith be, and they are, hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 17, 1956.

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CHATTOOGA CITY COURTJURIES. No. 102 (House Bill No. 413). An Act to amend an Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. L. 1941, pp. 621-634), and all Acts amendatory thereof, more especially an Act approved February 23, 1943 (Ga. L. 1943, p. 728); an Act approved March 26, 1947 (Ga. L. 1947, p. 831); an Act approved February 17, 1950 (Ga. L. 1950, p. 2639), an Act approved December 9, 1953 (Nov.-Dec. Sess, Ga. L. 1953, p. 2117) so as to provide that in all cases, civil and criminal, in said court which are to be tried by a jury, the same shall be tried by a jury of twelve jurors; to provide the manner of drawing, the number of, and the impaneling of, jurors in said court; to provide the number of peremptory challenges to which the parties shall be entitled in cases tried before a jury; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. An Act creating the City Court of Chattooga County, approved March 10, 1941 (Ga. L. 1941, pp. 621-634), and all Acts amendatory thereof, more especially an Act approved February 23, 1943 (Ga. L. 1943, p. 728); an Act approved March 26, 1947 (Ga. L. 1947, p. 831); an Act approved February 17, 1950 (Ga. L. 1950, p. 2639), and an Act approved December 9, 1953 (Nov.-Dec. Session, Ga. L. 1953, p. 2117), is hereby amended by striking therefrom Section 27, relating to the drawing of jurors, and substitution in lieu thereof the following: Section 27. The trial of issues of facts in all cases in said court, when either party is entitled to a jury trial, shall be by a jury of twelve jurors. In civil cases wherein a trial is to be had by a jury, the clerk of said court, shall from the petit jurors drawn, make up a panel of twenty-four

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jurors and the parties shall strike from said panel alternately until there shall be twelve jurors left, which shall constitute the jury to try the case, the plaintiff to have the first strike. In criminal cases wherein a trial is to be had by a jury, said clerk shall, from the petit jurors drawn, make up a panel of twenty-four jurors from which the parties shall strike alternately, the defendant to have the first strike and the right of challenging seven jurors peremptorily and the State five, thus leaving twelve jurors, which shall constitute the jury to try the case. Drawing of jurors. Section 2. Said Act is further amended by striking therefrom Section 29 relating to impaneling and striking of jurors, and substituting in lieu thereof the following: Section 29. (a) From the list of traverse jurors of the Superior Court of Chattooga County as provided from time to time for such superior court, the clerk of the City Court of Chattooga County shall prepare a separate ticket bearing the name of each traverse juror whose name appears on said superior court traverse jury list, and showing the number of the militia district in which each juror resides, and shall deposit said tickets in a box to be prepared for that purpose, from which shall be drawn thirty-six traverse jurors in the manner as now required by law in the superior courts, and as many more jurors may be drawn as are, in the discretion of the judge, necessary to provide for the efficient trial of cases. All laws with reference to the drawing, selecting and summoning traverse and tales traverse jurors in the superior courts shall apply to the City Court of Chattooga County. All exemptions from jury duty now in force in the Superior Court of Chattooga County shall apply and be of effect in said court. Impaneling and striking. (b) The jurors thus drawn shall receive the same pay that jurors are paid in Chattooga County Superior Court, same to be paid under the rules governing the payment of superior court jurors.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chattooga County: Legal Notices. To whom it may concern: Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act entitled, An act to amend an Act of the legislature relative to the City Court of Chattooga County, Georgia, said Act to change the number of jurors, and for other purposes. This 6th day of January, 1956. Paul B. Weems, James H. Floyd. Jan. 26. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul B. Weems and J. H. Floyd, who, on oath, deposes and says that they are Representatives from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said County, on the following dates: Jan. 12; 19; 26; 1956. /s/ Paul B. Weems, /s/ James H. Floyd, Representatives of Chattooga County. Sworn to and subscribed before me this 30 day of January 1956. /s/ Evelyn V. Martin Notary Public Notary Public, Georgia State at Large My commission expires Oct. 2, 1957. (Seal) Approved February 17, 1956.

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COLQUITT COUNTYCOMPENSATION OF OFFICIALS. No. 103 (Senate Bill No. 140). An Act to provide that the compensation of the Sheriff, Tax Collector, Tax Receiver, the Clerk of the Superior Court and the Ordinary of Colquitt County shall be on a salary basis and to provide their compensation; to provide for deputies and assistants to such officers, and their compensation; to provide that all fees shall be paid over to the county; to provide for the disposition of costs; 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 compensation of the Clerk of the Superior Court, the Tax Collector, the Tax Receiver, the Sheriff and the Ordinary of Colquitt County is hereby placed on a salary basis in lieu of a fee basis, as hereinafter provided. Section 2. The Sheriff of Colquitt County shall be compensated in the amount of seven thousand two hundred ($7,200.00) dollars, to be paid in equal installments monthly from the funds of Colquitt County. The Sheriff of Colquitt County shall be furnished an automobile and the necessary expenses incurred in the performance of the duties of his office. Provided that all expenses of the sheriff shall be approved by the governing authority of Colquitt County before being paid. Such compensation shall be all inclusive and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. Sheriff. Section 3. The Clerk of the Superior Court of Colquitt County shall be compensated in the amount of seven thousand two hundred ($7,200.00) dollars per annum, to be paid in equal monthly installments from the funds of Colquitt County. The governing authority of Colquitt

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County shall reimburse the clerk of the superior court for any expenditures made by him for photostatic equipment. Such compensation shall be all inclusive and the clerk shall receive no other compensation for any service as ex officio clerk of any other court. Clerk of superior court. Section 4. The Ordinary of Colquitt County shall be compensated in the amount of forty-eight hundred ($4,800.00) dollars per annum, to be paid in equal monthly installments from funds of Colquitt County. Such compensation shall be all inclusive and the ordinary shall receive no other compensation for any service he performs in his official capacity. Ordinary. Section 4A. The Tax Collector of Colquitt County shall be compensated in the amount of $6,000.00 per annum to be paid in equal monthly installments from the funds of Colquitt County. Such compensation shall be all inclusive and the tax collector shall receive no other compensation for any service he performs in his official capacity. Tax collector. Section 4B. The Tax Receiver of Colquitt County shall be compensated in the amount of $4,800.00 per annum to be paid in equal monthly installments from the funds of Colquitt County. Such compensation shall be all inclusive and the tax receiver shall receive no other compensation for any service he performs in his official capacity. Tax receiver. Section 4C. Each officer designated herein is hereby authorized to employ the necessary deputies, assistants and clerical help for the transaction of the duties of such office, and the deputies, assistants and clerical help shall be compensated in an amount to be determined by the governing authority of Colquitt County and shall be paid from the funds of Colquitt County. Deputies, assistants, etc. Section 5. All fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law, to be received

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or collected for services rendered by an officer herein named, shall be received and collected by all of said officers and each of them, for the sole use of Colquitt County, and shall be held as public moneys belonging to said county and accounted for and paid over to said county on or before the tenth day of each month, at which time a detailed itemized statement shall be made by the officer showing such collections and the sources from which collected, and the county treasurer, or other custodian or depository of county funds, shall keep a separate account, showing the source from which said funds were derived and paid and received. Fees, costs, etc. Section 6. In the distribution of all costs among officers to whom this Act applies, both in particular cases or matters and all insolvent costs and all fines, forfeitures and fees which may become due and payable after the effective date of this Act, Colquitt County shall be subrogated to the rights and claims of such officers who, but for this Act, would be entitled to compensation out of any fines, forfeitures and fees, and shall be, after the effective date of this Act, entitled to all funds, moneys or emoluments accruing to any of the officers herein named. After the effective date of this Act, when orders on the insolvent fund or other charge or findings are entered or approved as to the distribution of said funds between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, the same shall be entered and approved in the name of the respective officer for such portion of said moneys as he is entitled to for the use and benefit of Colquitt County. The procedure now in force by which officers shall collect the costs, and as to the distributions thereof, shall remain in force but, as herein provided, all such sums shall be collected for the use of Colquitt County and shall be paid monthly into the county treasury by such officer. Distribution. Section 7. Upon approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Colquitt County to issue the call for an

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election for the purpose of submitting this Act to the voters of Colquitt County for approval or rejection. The election shall be held on February 28, 1956. The ordinary shall cause the date and the purpose of the election to be published at least once in the week immediately preceding the date thereof in the official organ of Colquitt County. The ballots shall have printed thereon the words: For approval of the Act to place the Ordinary, Sheriff, Tax Collector, Tax Receiver, and the Clerk of the Superior Court of Colquitt County on a salary basis. Referendum. Against approval of the Act to place the Ordinary, Sheriff, Tax Collector, Tax Receiver, and the Clerk of the Superior Court of Colquitt County on a salary basis. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect as of January 1, 1957. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Colquitt County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 17, 1956.

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COLQUITT COUNTY TAX COMMISSIONER. No. 104 (Senate Bill No. 85). An Act to consolidate the offices of Tax Receiver and Tax Collector of Colquitt County into the office of Tax Commissioner of Colquitt County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method of filling vacancies; to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for an office; to provide for clerical assistance; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of Tax Receiver and Tax Collector of Colquitt County are hereby consolidated and combined into one office of Tax Commissioner of Colquitt County. The rights, duties and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Tax commissioner. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers in Colquitt County is held in 1956, and the person so elected shall take office on January 1, 1957, for a term of four (4) years and until his successor is elected and qualified. Likewise, all future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four (4) years and until their successors are elected and qualified. Through December 31, 1956, the Tax Receiver and the Tax Collector of Colquitt

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County shall continue in office. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are filled in the office of tax collector. Election and term Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued. Section 4. The tax commissioner shall be compensated in the amount of $6,600.00 per annum, to be paid in equal monthly installments from the funds of Colquitt County. All fees, commissions, costs or any other prequisites collected by the tax commissioner shall be the property of Colquitt County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Compensation. Section 5. The tax commissioner shall be furnished an office in the Colquitt County courthouse, and shall keep said office open for the transaction of business as do other county officers. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Office. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed by law for the tax collector, and shall give bond as provided by law for the tax collector. Oath and bond. Section 7. The tax commissioner shall be furnished the necessary clerical assistance for the transaction of the duties of the office and such clerical help shall be compensated in an amount to be determined by the governing authority of Colquitt County and shall be paid from the funds of Colquitt County. Clerical assistance. Section 8. Upon the approval of this Act by the Governor,

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or after it otherwise becomes law, it shall be the duty of the Ordinary of Colquitt County to issue the call for an election for the purpose of submitting this Act to the voters of Colquitt County for approval or rejection. The election shall be held on February 28, 1956. The ordinary shall cause the date and the purpose of the election to be published at least once in the week immediately preceding the date thereof in the official organ of Colquitt County. The ballots shall have printed thereon the words: For approval of the Act to combine the offices of Tax Collector and Tax Receiver of Colquitt County into the office of Tax Commissioner of Colquitt County. Against approval of the Act to combine the offices of Tax Collector and Tax Receiver of Colquitt County into the office of Tax Commissioner of Colquitt County. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect January 1, 1957. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Colquitt County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify and results thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 17, 1956.

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AUGUSTALAND CONVEYANCE AUTHORIZED. No. 105 (House Bill No. 494). An Act vesting in the City Council of Augusta power and authority to sell and convey by warranty deed executed by the mayor and clerk of council to Sears, Roebuck Company for $377,250.00, the fee-simple title to all that tract or parecl of land in the City of Augusta, Richmond County, Georgia, on the northeast corner of Walton Way and Fifteenth Street, commencing at the northeast corner of said intersection of Walton Way and Fifteenth Street and extending along the east side of Fifteenth Street north 41 degrees, 14 minutes east, a distance of 500 feet to a point; thence south 48 degrees, 58 minutes east, a distance of 495.97 feet to a point; thence south 16 degrees, 2 minutes 30 seconds east, a distance of 72.81 feet to a point; thence south 22 degrees, 15 minutes west, a distance of 293.74 feet to a point on the north side of Walton Way; thence north 67 degrees, 47 minutes west, a distance of 559.50 feet along the north side of Walton Way to a point; thence north 49 degrees, 50 minutes west, a distance of 123.85 feet along the north side of Walton Way to the point of beginning, containing in the aggregate 259,280.844 square feet, or 5.95226 acres, as shown upon plat of department of public works, Augusta, Georgia, dated February 24th, 1955; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. That power and authority is hereby vested in the City Council of Augusta to sell and convey by warranty deed executed by the mayor and clerk of council to Sears Roebuck Company for $377,250.00, the fee-simple title to all that tract or parcel of land in the City of Augusta, Richmond County, Georgia, on the northeast corner of Walton Way and Fifteenth Street, commencing at the northeast corner of said intersection

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of Walton Way and Fifteenth Street and extending along the east side of Fifteenth Street north 41 degrees, 14 minutes east, a distance of 500 feet to a point; thence south 48 degrees, 58 minutes east, a distance of 495.97 feet to a point; thence south 16 degrees, 2 minutes 30 seconds east, a distance of 72.81 feet to a point; thence south 22 degrees, 15 minutes west, a distance of 293.74 feet to a point on the north side of Walton Way; thence north 67 degrees, 47 minutes west, a distance of 559.50 feet along the north side of Walton Way to a point; thence north 49 degrees, 50 minutes west, a distance of 123.85 feet along the north side of Walton Way to the point of beginning, containing in the aggregate 259,280.844 square feet, or 5.95226 acres, as shown upon plat of Department of Public Works, Augusta, Georgia, dated February 24th, 1955; recorded in the office of the Clerk of the Superior Court of Richmond County, Georgia, in Realty Book 23-E, pages 52-53. Description. Section 2. That upon the consummation of the sale of the property described under Section 1, of this Act by the city council of Augusta to Sears Roebuck Company, in accordance with the provisions of this Act, the fee-simple unencumbered title to the aforesaid property shall vest in Sears Roebuck Company, its successors and assigns, and for exclusive, private use of the said Sears Roebuck Company, its successors and assigns, free and unencumbered from any dedication to the general public. Section 3. That there is hereto attached, and made by reference a part hereof, a copy of the notice of intention to apply for the enactment hereof with a certificate of the duly-authorized agent of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that said notice was published in accordance with the statutes and Constitution of this State. Section 4. That all laws and parts of laws in conflict herewith are hereby repealed. Section 5. That within ninety days after the approval

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of this Act a referendum election shall be held in the City of Augusta for the purpose of submitting to the qualified voters thereof the question of the adoption of the provisions of this Act. Said referendum election shall be held in the same manner as general elections for mayor and council are now held in said city and under the same laws applicable thereto. The expense of holding said referendum election shall be borne by the city, and provision for paying the same shall be made by the mayor and city council thereof. On that portion of the official ballot or that portion of the voting machine used in said referendum election which the voter uses shall be printed the words: For sale of portion of Allen Park and in close proximity therewith the words: Against sale of portion of Allen Park. This section of the Act shall become effective immediately upon its approval; and if a majority of the votes cast at said referendum election be in favor of the adoption of this Act, then all the remaining provisions of this Act shall take effect immediately. Only one such referendum election shall be held for the purposes of this Act. Referendum. /s/ R. Lee Chambers /s/ W. W. Holley /s/ Carl E. Sanders Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1956, for the passage of a bill entitled as follows: An Act vesting in the City Council of Augusta power and authority to sell and convey by warranty deed executed by the mayor and clerk of council to Sears, Roebuck Company for $377,250.00, the fee-simple title to all that tract or parcel of land in the City of Augusta, Richmond County, Georgia, on the northeast corner of Walton Way and 15th Street, commencing at the northest corner of said intersection of Walton Way and 15th Street and extending along the east side of 15th Street North 41

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degrees, 14 minutes east, a distance of 500 feet to a point; thence south 48 degrees, 58 minutes east, a distance of 495.97 feet to a point; thence south 16 degrees, 2 minutes 30 seconds east, a distance of 72.81 feet to a point; thence south 22 degrees 15 minutes west, a distance of 293.74 feet to a point on the north side of Walton Way; thence north 67 degrees, 47 minutes west, a distance of 559.50 feet along the north side of Walton Way to a point; thence north 49 degrees, 50 minutes west, a distance of 123.85 feet along the north side of Walton Way to the point of beginning, containing in the aggregate 259,280.844 square feet, or 5.95226 acres, as shown upon plat of Department of Public Works, Augusta, Georgia, date February 24, 1955; and for other purposes. This 20th day of December, 1955. E. D. Fulcher, City Attorney. City of Augusta, Georgia. Dec. 22, 29, Jan. 5. Affidavit of Publication. Attorney or Agency E. D. Fulcher, City Attorney. Business City of Augusta, Georgia. State of Georgia, Richmond County. Personally appeared, J. E. Webb, who being duly sworn says that he is an officer of Southeastern Newspapers, Inc., publishers of the Augusta Herald a daily newspaper in Augusta, in said State and county, and that the advertisement Notice of Intention to Apply for Local Legislationduly appeared in said newspaper on the following dates to wit: December-22-29-1955-January-5-1956. /s/ J. E. Webb, Asst. Treas. (Title)

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Sworn to and subscribed before me this 6th day of January, 1956. /s/ Katie Broadwater Notary Public, Richmond County, Ga. Notary Public, Richmond County, Ga. My commission expires July 12, 1956. (Seal) /s/ R. Lee Chambers /s/ W. W. Holley /s/ Carl E. Sanders Members, General Assembly of Georgia Approved February 17, 1956. CAMDEN COUNTYASSISTANT SOLICITOR. No. 106 (House Bill No. 356). An Act to create the office of Assistant Solicitor for Camden County, Georgia; to provide for the term of office, method of appointment, duties and compensation; to designate such assistant solicitor; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created the office of Assistant Solicitor for Camden County, Georgia. It shall be the duty of such assistant solicitor to aid and assist the Solicitor-General of the Superior Court of Camden County in the trial of cases and in the performance of the other duties of such solicitor-general as may be required of him. Office created. Section 2. Such assistant solicitor shall be appointed by the Board of County Commissioners of Camden County

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for a term of four (4) years and until his successor is appointed and qualified, except that the first assistant solicitor of said county shall be Robert Ward Harrison, Jr., who shall take office for a four year term, beginning March 1, 1956. Thereafter, the assistant solicitor shall be appointed as provided for hereinbefore. Appointment. Section 3. The assistant solicitor shall be compensated in the amount of $2400 per annum, to be paid in equal monthly installments from the funds of Camden County. Compensation. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Intended Legislation. To be entitled an act to create the office of Assistant Solicitor for Camden County, Georgia; to provide for term of office; method of appointment or election; duties and compensation. Signed: John D. Odom, Representative, Camden County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John D. Odom, who, on oath, deposes and says that he is Representative from Camden County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Southeast Georgian, which is the official organ of said county, on the following dates: Dec. 15, 22 and 29, 1955. /s/ John D. Odom, Representative, Camden County.

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Sworn to and subscribed before me this 26 day of Jan., 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal) Approved February 17, 1956. GRIFFIN CORPORATE LIMITS EXTENDED. No. 109 (House Bill No. 318). An Act to amend the charter of the City of Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, by enlarging the present city boundaries and the corporate limits by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. An Act creating the charter of the City of Griffin approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, which Act defined the corporate limits of the City of Griffin, as amended, be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Griffin so as to include and annex the following described property, which is now adjacent to the present city limits and boundaries of the City of Griffin, Spalding County, Georgia, to wit: All of that tract of parcel of land situate, lying and being Land Lots One Hundred Eleven (111), One Hundred Twelve (112), One Hundred Thirteen (113), One Hundred Fourteen (114), One Hundred Fifteen (115),

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and One Hundred Forty-two (142) and One Hundred Forty-three (143) in the Second District of original Monroe, now Spalding County, Georgia, and also Land Lots Ninety-seven (97), Ninety-eight (98) and portions of Land Lots Ninety-nine (99), One Hundred Twenty-six (126), One Hundred Twenty-seven (127) and One Hundred Twenty-eight (128) of the Third District of original Henry, now Spalding County, Georgia, and more particularly described as follows: Description. Beginning at a point which is the intersection of the corporate limits of the City of Griffin and the eastern boundary of Land Lot One Hundred Forty-two (142); thence in a southerly direction along the eastern boundary of Land Lot One Hundred Forty-two (142) to the southern boundary of Land Lot One Hundred Forty-two (142); thence in a westerly direction along the southern boundaries of Land Lots One Hundred Forty-two (142) and One Hundred Fifteen (115) to the western boundary of Land Lot One Hundred Fifteen (115); thence in a northerly direction along the western boundary of Land Lot One Hundred Fifteen (115) to the southern boundary of Land Lot One Hundred Eleven (111); thence in a westerly direction along the southern boundary of Land Lot One Hundred Eleven (111) to the western boundary of Land Lot One Hundred Eleven (111); thence in a northerly direction along the western boundaries of Land Lots One Hundred Eleven (111) and One Hundred Twelve (112) to the northern boundary of Land Lot One Hundred Twelve (112); thence in an easterly direction along the northern boundary of Land Lot One Hundred Twelve (112) to the western boundary of Land Lot Ninety-Seven (97); thence in a northerly direction along the western boundaries of Land Lots Ninety-seven (97), Ninety-eight (98), and Ninety-nine (99) to a point two hundred twenty-five (225) feet north of the center line of McIntosh Road; thence in an easterly direction along a line parallel to the center lines of McIntosh Road, Tower Street and Collier Street, two hundred twenty-five (225) feet north thereof to the western boundary of the Central of Georgia Railroad right-of-way; thence in a southerly

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direction along the western boundary of the Central of Georgia Railroad right-of-way to the corporate limits of the City of Griffin; thence in a southerly direction along the corporate limits of the City of Griffin to the point of beginning. Section 2. Not less than twenty (20) days nor more than thirty (30) days after the date of the approval of this Act by the Governor, it shall be the duty of the Ordinary of the County of Spalding to issue a call for an election for the purpose of submitting this Act to the legally qualified voters who reside within the proposed territory to be annexed to the City of Griffin and also to the legally qualified voters who reside in the City of Griffin, it being mandatory that the Board of Registrars of Spalding County furnish to the ordinary a certified list of the legally qualified voters who reside within the proposed territory to be annexed at least 10 days prior to the date of such election, for the approval or rejection of this Act by said voters at said election. The date of the election shall be set for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call by the Ordinary of Spalding County. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official newspaper of the City of Griffin, Spalding County, Georgia. The ballots shall have printed thereon the words: For approval of the 1956 Act annexing new areas in Spalding County into the City of Griffin. and Against approval of the 1956 Act annexing new areas in Spalding County into the City of Griffin. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. The votes of those persons voting in the territory to be annexed shall be counted separately from the votes of those persons voting in the City of Griffin, and it shall be necessary that a majority of those persons voting in the territory to be annexed vote for approval of the Act. and

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a majority of the persons voting in the City of Griffin vote for approval of the Act, before such Act shall become effective. In the event that a majority of those persons voting in each of the aforesaid two areas vote for approval of the Act, it shall become of full force and effect 60 days after the date of such election. In the event less than a majority of those persons voting in each of the aforesaid two areas vote for approval of the Act, then it shall be void and of no force and effect. The qualified voters in the areas proposed to be annexed shall vote in the precincts in which they vote in general elections and qualified voters of the City of Griffin shall vote in the city hall of the City of Griffin. Expenses for such election shall be borne by the City of Griffin. It shall be the duty of the Ordinary of Spalding County to hold and conduct such election. It shall be the duty of the Ordinary of Spalding County to canvass the returns and declare and certify the results of the election to the Board of Commissioners of the City of Griffin, Board of Commissioners of Roads and Revenues of Spalding County, and to the Secretary of State of the State of Georgia. Section 3. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia 1945, and there is hereto attached and made a part of this Act a copy of the notice, with the affidavit of the authors stating that said notice has been published as provided by law. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Frank P. Lindsey, Jr., who, on oath, depose and say that they are Representatives from Spalding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the

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Griffin Daily News, which is the official organ of said County, on the following dates: December 30, 1955, and January 3 and January 10, 1956. /s/ Arthur K. Bolton /s/ Frank P. Lindsey, Jr. Representatives, Spalding County. Sworn to and subscribed before me, this 24 day of January, 1956. /s/ John T. Boddard, Notary Public, Spalding Co. Ga. Legal10404. Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1956, of the General Assembly of Georgia, will be made, in order to amend the charter of the City of Griffin, as amended, by extending the corporate limits of said city, so as to annex certain areas now outside of said corporate limits; to provide for a referendum thereon; and for other purposes. This 29th day of December, 1955. W. E. George, City Manager, City of Griffin. Approved February 20, 1956. ATHENSLAND CONVEYANCE AUTHORIZED. No. 110 (House Bill No. 342). An Act to authorize the Mayor and Council of the City of Athens and the Board of Commissioners of Roads and Revenue of Clarke County to give to the United States

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a tract of land located in the City of Athens and bounded on the north by Dearing Street and a sixteen-foot alley, on the east by Franklin Street, on the south by Waddell Street, and on the west by land of Pilgrim Church of God and by a sixteen-foot alley for the erection thereon of an armory by the United States. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. The Mayor and Council of the City of Athens and the Board of Commissioners of Roads and Revenue of Clarke County are hereby authorized and empowered to give to the United States a tract of land located within the corporate limits of the Mayor and Council of the City of Athens and bounded on the north by Dearing Street and a sixteen-foot alley, on the east by Franklin Street, on the south by Waddell Street, and on the west by land of Pilgrim Church of God and by a sixteen-foot alley for the erection thereon by the United States of an armory. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at the January 1956 session thereof for the passage of a local bill authorizing the Mayor and Council of the City of Athens and the Commissioners of Roads and Revenue of Clarke County to give to the United States a tract of land located in the City of Athens and being bounded on the north by Dearing Street and a sixteen-foot alley, on the east by Franklin Street, on the south by Waddell Street, and on the west by the land of Pilgrim Church of God and a sixteen-foot alley for the erection thereon of an armory by the United States.

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This 28th day of December, 1955. Robert G. Stephens, Jr., Chappelle Matthews, Representatives from Clarke County in the General Assembly of Georgia. d30-j6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner-Herald on December 30, 1955, January 6, 1956 and January 13, 1956. /s/ E. B. Braswell. Certified, sworn to and subscribed before me, this 24th day of January, 1956. /s/ James Barrow, Notary Public, Clarke County, Georgia. (Seal) Approved February 20, 1956. MONROE CORPORATE LIMITS EXTENDED. No. 113 (House Bill No. 404). An Act to amend an Act creating a new charter for the City of Monroe, approved December 3, 1896, (Ga. L. 1896, p. 212), as amended; to annex territory to the

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corporate limits of City of Monroe so as to extend and enlarge the city limits of said City of Monroe; to give said City of Monroe jurisdiction within the annexed territory for the purpose of exercising all rights and privileges possessed by said City of Monroe under its present charter, as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That the corporate limits of City of Monroe be enlarged and extended so as to include and embrace within the corporate limits of City of Monroe the following described territory: Beginning at a point at the easterly edge of the right-of-way of Georgia Highway No. 11 (North Broad Street), said beginning point being located one and three-fourths (1 3/4) miles northerly in an air line from the Walton County courthouse in said city, and from said beginning point running circularly in a clockwise direction an equal distance of one and three-fourths (1 3/4) miles in every direction in an air line from said Walton County courthouse to a point at the southerly edge of Selman Mill Road which point is located one and three-fourths (1 3/4) miles from said Walton County courthouse, and also the entire right-of-way of Georgia Highway No. 11 (North Broad Street) and the entire right-of-way of Selman Mill Road, which lies within the distance of one and three-fourths (1 3/4) miles in an air line from the Walton County courthouse in City of Monroe, Georgia. Said territory is further defined as all that territory which is beyond the present outer boundaries of Ward No. 4, Ward No. 1, and Ward No. 2 of said city, including all streets and roads, and which lies within the distance of one and three-fourths (1 3/4) miles in every direction in an air line from said courthouse in a clockwise direction between Georgia Highway No. 11 (North Broad Street) and Selman Mill Road, including the entire right-of-way of Georgia Highway No. 11 and Selman Mill Road which lies within said one and three-fourths miles in an air line from said courthouse. Description.

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Section 2. That the corporate limits of City of Monroe be enlarged and extended so as to include and embrace within the corporate limits of City of Monroe all the territory which lies between Selman Mill Road and U. S. Highway No. 78 (West Spring Street) in every direction between same in an air line from the Walton County courthouse in Monroe, Georgia, for the distance of one and three-fourths (1 3/4) miles, including the entire right-of-way of U. S. Highway No. 78 (West Spring Street) within said distance of one and three-fourths (1 3/4) miles in an air line from said courthouse. Said territory is further defined as being a part of that territory which is beyond the present outer boundary of Ward No. 3 of said city and which lies within the distance of one and three-fourths (1 3/4) miles in every direction in an air line from said courthouse between Selman Mill Road and U. S. Highway No. 78 (West Spring Street), and also the entire right-of-way of U. S. Highway No. 78 (West Spring Street) within said distance. Description. Section 3. That the corporate limits of City of Monroe be enlarged and extended so as to include and embrace within the corporate limits of City of Monroe the following described territory: Beginning at a point which is located at the northerly edge of the right-of-way of U. S. Highway No. 78 (West Spring Street), said beginning point being also located in the center of the waters of Mountain Creek where said creek intersects with said right-of-way and from said beginning point running thence northwesterly along the northerly edge of the right-of-way of U. S. Highway No. 78 the distance of 2570 feet to an iron pin located at the northerly edge of right-of-way of U.S. Highway No. 78 (West Spring Street) at a county road, said iron pin also being the corner between the lands of R. E. Aycock and H. B. Launius; thence from said iron pin north 59 degrees east 1075 feet to an iron pin at Mountain Creek, thence south 35 degrees east 885 feet to a point in the center of the waters of Mountain Creek; thence continuing in Mountain Creek south 31 degrees 30 minutes east

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1180 feet, back to beginning point; and also including the waters of Mountain Creek and the run thereof. Said property is bounded as follows: Northern and northeasterly and easterly by the easterly edge of the run of Mountain Creek, southeasterly, southerly and westerly by the right-of-way of U. S. Highway No. 78 (West Spring Street), northwesterly and northerly by the lands of R. E. Aycock and Troop No. 81, Boy Scouts of America. Description. Section 4. That the corporate limits of City of Monroe be enlarged and extended so as to include and embrace within the corporate limits of City of Monroe all the territory which lies westerly between Georgia Highway No. 11 (North Broad Street) and the waters of Mountain Creek northerly from U.S. Highway No. 78 (West Spring Street) in every direction in an air line from the Walton County courthouse in Monroe, Georgia, for the distance of one and one-half (1 1/2) miles from said courthouse. Said territory is further defined as being a part of that territory which is beyond the present outer boundary of Ward No. 3, of said city and which lies within the distance of one and one-half (1 1/2) miles in every direction in an air line from said courthouse, between Mountain Creek and Georgia Highway No. 11 (North Broad Street). Description. Section 5. That all powers and authority of the City of Monroe, under its charter and ordinances, and all laws appertaining to said city as a municipality are hereby extended and made effective in every part of the territory included within the limits above described. The power and authority of the officers of said city are made co-extensive with the limits as extended by this Act; and all other rights and powers necessary to carry out and enforce the laws and ordinances governing the said City of Monroe, the power of taxing property and of fixing and regulating business; to assess, issue executions for, and in cases of default, sell the property for which the taxes are due, as now prescribed by charter and the laws and ordinances of the City of Monroe, are extended to all the limits included under the terms of this Act. The

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power of the health department, police department, city tax assessors and receivers, tax collector, marshal, clerk of the city, building inspector, court recorder, and all other officers of the City of Monroe, even though not specifically named herein, are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, as amended, the laws and ordinances governing the City of Monroe. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Monroe and is bound for the payment of such bonds equally with the other territory comprising the City of Monroe. Section 6. If any clause, sentence, paragraph of any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Walton. Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Ernest Camp, who, having been first duly sworn on oath, deposes and says that he is the publisher of the Walton Tribune, a newspaper in which are published the sheriff's advertisements for Walton County, Georgia; that the notice of intention to apply for passage of local bill, a copy of which is attached below this certificate, was published in the Walton Tribune in the issues of January 11th, January 18th, and January 25th, 1956. /s/ Ernest Camp. Sworn to and subscribed before me, this 27th day of January, 1956. /s/ Alice Jones, Notary Public, Walton County, Ga. (Seal Affixed)

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Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia a bill to amend the charter of City of Monroe so as to annex territory to the corporate limits of City of Monroe; to extend the power and authority of City of Monroe to the territory to be annexed; to repeal conflicting laws; and for other purposes. This 7th day of January, 1956. A. M. Kelly, Wm. L. Preston, Attorneys for the City of Monroe. (2 3 4) Approved February 21, 1956. TROUP COUNTY PENSION SYSTEM AMENDED. No. 114 (House Bill No. 264). An Act to amend an Act establishing a pension and retirement system for the employees of Troup County, approved February 19, 1951 (Ga. L., p. 2637), as amended, so as to exclude certain officers, persons and employees from the provisions of said Act; to provide for reimbursement of all officers, persons and employees; to make all the provisions of said Act optional; to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a pension and retirement system for the employees of Troup County, approved February 19, 1951 (Ga. L., p. 2637), as amended, is hereby amended by striking Section 15 of said Act in its entirety; provided, however, that no person provided

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for under said section shall suffer the involuntary destruction of any rights now vested in such person under said Act. Sec. 15. Act of 1951. repealed. Section 2. Be it further enacted that the board of commissioners of roads and revenues and every officer, deputy, employee or person covered by said Act are authorized and empowered to settle and compromise all rights and claims which they, or any of them, have or may have under said Act, and said board shall have authority to receive from all persons covered by said Act a full and complete release from and compromise of all claims which any person may have under said Act. Such release shall be executed in consideration of such percentage of contributions made to the pension and retirement fund as the parties may mutually agree upon. Claims. Section 3. From and after the approval hereof, any employee or person covered by said Act may elect to reject the coverage and benefits of said Act by notifying said board to that effect. An election to reject shall be final and conclusive. Election not to participate. Section 4. From and after the approval hereof, said board shall be authorized to elect to discontinue making contributions to said pension fund for the benefit of persons employed by said county after approval hereof, and it shall not be required to make further contributions of county monies to said fund for the benefit of employees or persons who may elect to reject the coverage and benefits of said Act. Section 5. Be it further enacted that, after the approval hereof, no person shall be entitled to any benefits under said Act unless such person and said board shall have made contributions to said pension fund. Section 6. All laws and parts of laws in conflict herewith are hereby repealed. Section 7. The General Assembly finds and certifies

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that the provisions of law concerning notice of intention to apply for the legislation represented hereby (Code Section 2-1915) have been complied with. Georgia, Troup County. In person before the undersigned comes William A. Coker who on oath says that he is agent and business manager of the LaGrange Daily News; that the same is a newspaper published in Troup County, Georgia; that said newspaper is one of general circulation; that the same is a newspaper in which sheriff's advertisements of Troup County are published, and deponent says that the following notice, attached hereto, was published in said newspaper on the following dates: December 31, 1955; January 6, 1956 and January 13, 1956. Legal No. 6709 Dec. 31, Jan. 6, 13. Notice of Intention to Introduce Local Legislation. Notice is hereby given, as required by the Constitution of this State, that there will be introduced in the General Assembly of Georgia in the session thereof commencing on January 9, 1956, a bill to amend the Troup County pension and retirement Act (Ga. L. 1952, pp. 2637 et seq.), as amended, to change the coverage provisions thereof, and for other purposes. This December 30, 1955. F. G. Birdsong, C. O. Lam, Representatives. /s/ Wm. A. Coker. Sworn to and subscribed before me, this January 17, 1956. /s/ R. C. Key, Notary Public, Troup County, Georgia. My commission expires Jan. 19, 1957. (Seal) Approved February 23, 1956.

Page 2426

ST. MARYS CHARTER AMENDED. No. 115 (House Bill No. 288). An Act to amend the charter of the City of St. Marys, Georgia, an Act approved August 15, 1910 (Ga. L. 1910, pp. 1086-1117), and the several Acts amendatory thereof, so as to provide for any person who has been a bona fide resident of the City of St. Marys for a period of six (6) months and otherwise qualified under the laws of the State of Georgia, to become a qualified voter for city elections; to provide for an increase in the ad valorem tax on all property within the city limits subject to such tax under the Constitution and laws of the State of Georgia from one (1%) percent to one and one-half (1%) percent; to repeal any portion of the present charter in conflict with the above amendments; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of same: Section 1. That the charter of the City of St. Marys, be, and the same hereby is, amended by striking therefrom Section Ten (10) (Ga. L. 1910, p. 1091) in its entirety and substituting therefor the following section which shall be and become Section Ten (10) as amended: Be it further enacted by the authority aforesaid that every citizen of the City of St. Marys, who has been a bona fide resident for a period of six (6) months and otherwise qualified under the laws of the State of Georgia, and who has also registered in compliance with the laws and ordinances of said city, shall be qualified to vote in any election held in the City of St. Marys for any purpose whatsoever. Qualified voters. Section 2. That the charter of the City of St. Marys, be, and the same hereby is, amended by striking Section Thirteen (13) (Ga. L. 1910, p. 1092) in its entirety and substituting therefor the following section which shall be and become Section Thirteen (13) as amended: Be it

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further enacted by the authority aforesaid that in case the vote of any elector is challenged, or the managers have any reasonable doubt as to the qualification of any voter, they shall administer to such voter the following oath: You do swear that you are and have been a bona fide resident of the City of St. Marys for a period of six (6) months and that you have registered in compliance with the laws and ordinances of the City of St. Marys, So help you God. Voter's oath. Section 3. That the charter of the City of St. Marys, be, and the same hereby is amended by striking so much of Section Twenty-One (21) (Ga. L. 1910, pp. 1096-1097) as reads also a tax not to exceed one percent. and substituting therefor the following: Also a tax not to exceed one and one-half percent. so that said section as amended shall read as follows: Be it further enacted by the authority aforesaid, that the said mayor and city council shall have the right and power in order to raise necessary revenue to properly carry on the government of said city; to build sewers, procure water supplies; to make, open, grade, repair and keep in order the streets and bridges of said city; to light the same; to properly police same; to pay salaries, cost and expenses of the city officers and employees; to establish buildings and offices and to furnish, maintain and regulate all things needful and appertaining to the protection of life, liberty and property, the suppression of crime, the maintenance of law and order, payments of debts of the city, for educational purposes, for cemetery purposes, for hospital and charity institutions, for the care of the poor, for the establishment and maintenance of necessary squares, and parks, for quarantine purposes, for caring for prisoners and providing means and places for their detention and punishment and for all such other purposes as will tend, in their judgment to add to the comfort, safety, convenience, benefit, health, advantage, of said city and its citizens, and for the natural improvement of said city, as may in their best judgment be necessary, and for all other purposes in order

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to properly carry on the city government as herein indicated, and not forbidden by law, to levy and collect a street tax or capitation tax on male inhabitants of the city subject under the law to pay such tax, also a tax not to exceed one and one-half percent on all the property within the corporate limits of the said city, which is subject to State tax under the Constitution and laws of this State, and also to impose and collect such tax as they, the city council, may deem necessary and proper upon all trades, business, callings, professions, sales, labor, and pursuits, which are legal subjects of taxation and may enforce the payment of the same by license or direct tax in such manner as they may determine to be best and most advantageous. Taxation. They may also impose, assess, levy and collect taxes on capital invested in said city, on stocks of corporations, choses in action, and on such incomes and commissions derived from the pursuits of any profession, trade or calling, banks, express, insurance and other corporations, associations, agencies, and all other property and sources of profit as are not expressly prohibited or exempted by the laws of this State or the United States, but all taxation on property shall be uniform on the same class of subjects and ad valorem on all subjects to be fixed by the city. Each and every itinerant trader, irregular or occasional dealer, his or their agents or consignees, who shall neglect or refuse to render in the amount of goods, wares and merchandise sold by him or them which is subject to be taxed by the ordinances of the city, immediately after the sale of the same, and pay a sum in the discretion of said mayor and city council as a tax thereon, shall forfeit and pay a sum in the discretion of the mayor and council, not to exceed one hundred dollars, for which execution may issue and be collected as other executions of said city are issued and collected. All persons subject to taxation who shall refuse or neglect to render in his, or her, or their property, or pay the tax on the same when required by the ordinances of the said city council, may be proceeded against by having their property double taxed, and by execution in the same manner and according to such rules and ordinances as may be adopted by said mayor and city council to enforce the collection of taxes.

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Section 4. That all laws and parts of laws in conflict with this amendment are hereby repealed. Affidavit of publication attached. Georgia, Camden County. Proof of Publication. Before me, the undersigned, an officer duly authorized by law to administer oaths, this day personally appeared John D. Odom, who, being first duly sworn on his oath according to law, says that he is the duly elected, constituted and acting Representative of Camden County, in the General Assembly of Georgia, and that he has caused the title to the above and foregoing bill, or Act to be published in the Southeast Georgian, the official organ of Camden County during the year 1955, in its issues of December 15th, 22nd, and 29th, 1955. /s/ John D. Odom. John D. Odom, Representative, Camden County, Georgia. Sworn to and subscribed before me, this 23 day of January, 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal) Notice of Intention to Seek Local Legislation. Notice is hereby given that at the session of the General Assembly of Georgia to convene January 9, 1956, application will be made for the passage of local legislation to amend the city charter of the City of St. Marys,

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Georgia, an Act approved August 15, 1910, (Ga. L. 1910, pp. 1086-1117) and the several Acts amendatory thereof, to provide for any person who has been a bona fide resident of the city for a period of six (6) months and otherwise qualified under the laws of the State of Georgia, to become a registered voter for city elections; to provide for an increase in the ad valorem tax on all property within the city limits subject to such taxes under the Constitution and laws of the State of Georgia from one (1%) percent to one and one-half (1%) percent; to repeal any portion of the present charter in conflict with the above amendments; and for other purposes. This 10th day of October, 1955. Warren A. Bailey, Mayor, City of St. Marys, Georgia. 12-15, 22, 29 Approved February 23, 1956. CONYERSRECORDER'S COURT. No. 116 (House Bill No. 370). An Act to amend an Act incorporating the City of Conyers, approved February 16, 1854 (Ga. L. 1853-54, p. 259), and the several Acts amendatory thereto, so as to provide for a recorder's court, its powers, duties, officers and jurisdiction; 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 Conyers, approved February 16, 1854 (Ga. L. 1853-54, p. 259), and the several Acts amendatory thereto, is hereby amended so as to provide that: The mayor's court for the trial of offenders against

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the laws and ordinances of the City of Conyers shall be known as the recorder's court, which court is hereby created. The board of aldermen are authorized and empowered to elect a recorder to hold said court, fix his qualifications, term of office and compensation. Such recorder shall take such oath as may be prescribed by the board. Any vacancy in the office of city recorder shall be filled by the board of aldermen. Such recorder, and in his absence the mayor, and in the absence of the recorder and the mayor, then the mayor pro tem., and in the absence of all three, any one or more members of the board of aldermen, may hold said court and may exercise all the powers conferred by law upon the recorder, and may punish for any violation of a city law or ordinance by a fine not exceeding $200, imprisonment in the city jail for not to exceed 90 days, or work on the street work crew or other public work under the supervision of the chief of police or the superintendent of the street department, not exceeding 90 days, any one or more, or all of these, at the discretion of the recorder's court. When sitting as a court for the trial of offenders, said court shall have the power to punish for contempt by a fine not to exceed $50, imprisonment or work in the manner already prescribed in this section for not to exceed 50 days, one or both, at the discretion of the court. Recorder's court. There may be an appeal in any case from the recorder's court to the board of aldermen, which appeal must be entered in writing and under such terms and conditions which may be fixed and determined by said board. The judgment of the board of aldermen on appeal may be reviewed by certiorari to the Superior Court of Rockdale County, as provided by law. The clerk of the City of Conyers shall be ex officio clerk of the recorder's court. The recorder of said city shall be authorized to issue warrants for offenses committed within the corporate limits of said city, against any law or ordinance of said city, or this State, and when the offense is against the

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State, the recorder may hear evidence and commit to jail or take bond for appearances before the State court having jurisdiction of the offense, as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the city, the arresting officer shall carry the case before the recorder's court, and no other, and the same there be disposed of, as other cases of arrest not made under warrant. All warrants issued by the recorder or those acting in his stead shall be directed to the `Chief of police of Conyers, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State', and any one of said officers shall have the same authority to execute said warrant as the sheriffs of this State have to execute criminal warrants. The recorder, or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State to compel their attendance, and to punish any witness who has been subpoenaed and fails to attend under the provisions for contempt already provided herein. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Thursday, December 29, 1955, the Rockdale Citizen, Conyers, Georgia. Legal Notices. Notice of Intention to Introduce Local Legislation. To whom it may concern: Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia, a bill to amend the charter of the City of Conyers so as to provide for a city recorder and prescribing his duties, and by providing for a recorder's

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court for the city and to provide for a clerk of recorder's court and for other purposes. This 28 day of December, 1955. Wm. T. Dean, Representative of Rockdale County, Georgia. Georgia, Rockdale County. I, W. Thomas Hay, do hereby certify that I am the editor of the Rockdale Citizen, and that the above notice was published in said paper, the same being the public gazette of said county, in three separate editions of said newspaper, to wit: December 29, 1955, January 5, 1956, and January 12, 1956. /s/ W. Thomas Hay, Editor. Sworn to and subscribed before me, this 28 day of January, 1956. /s/ Anne Cowan, Notary Public. (Seal) Approved February 23, 1956. COVINGTON MILLS CHARTER REVOKED. No. 117 (House Bill No. 223). An Act to repeal an Act entitled An Act to incorporate the Town of Covington Mills, in the County of Newton; to define its limits, provide for a mayor, councilmen, and other officers of said town, and prescribe their duties; to provide for making all lawful rules, regulations, ordinances and bylaws for the proper government and control of said town, and for the enforcement of the same, and for other purposes, approved August 22, 1907 (Ga. L. 1907, p. 529), so as to dissolve

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the charter of the Town of Covington Mills; 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 incorporate the Town of Covington Mills, in the County of Newton; to define its limits, provide for a mayor, councilmen, and other officers of said town, and prescribe their duties; to provide for making all lawful rules, regulations, ordinances and bylaws for the proper government and control of said town, and for the enforcement of the same, and for other purposes, approved August 22, 1907 (Ga. L. 1907, p. 529), is hereby repealed in its entirety and the charter of the Town of Covington Mills is hereby dissolved. Act of 1907 repealed. Section 1A. This Act shall be effective July 1, 1956. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to dissolve the charter of Town of Covington Mills which was granted by an Act of the General Assembly approved August 22nd, 1907, Acts of 1907 page 529. This December 14, 1955. W. C. Ivey, Representative Newton County, Ga. Georgia, Newton County. Personally appeared before the undersigned officer duly authorized to administer oaths Belmont Dennis who being duly sworn deposes on oath and says: That the notice to which this affidavit is attached, was published in the Covington News, a newspaper of general circulation

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and in which the sheriff's advertisements are published and the official organ of Newton County, for three weeks during a period of sixty days immediately preceding the 1956 Session of the General Assembly of Georgia, to wit: On December 15th, Dec. 22nd, and December 29th, 1955 issues of said paper. /s/ Belmont Dennis, Editor Publisher of Covington News. Sworn to and subscribed before me, on this the 29th day of December, 1955. /s/ Arthur Henderson, Sr., Notary Public, Newton County, Ga. My commission expires August 6, 1958. (Seal) Approved February 23, 1956. ST. MARYSSTREET CLOSING AUTHORIZED. No. 118 (House Bill No. 291). An Act to authorize, empower, and direct the City of St. Marys, Georgia, to abandon and close the following portions of city streets: That portion of Meeting Street lying between Wheeler Street on the west and Osborne Street on the east; that portion of Borrell Street lying between Conyers Street on the north and Weed Street on the south; that portion of Comeau Street lying between Conyers Street on the north and Weed Street on the south; that portion of Dilworth Street lying between State Highway No. 40 on the north and Finley Street on the south; that portion of Fleming Street lying between Dilworth Street on the west and Comeau Street on the east; the entire portions of St. Patrick, Liberty, Fleming, Finley, Comeau, Flood, and Bachlott Streets lying north of St. Marys Railroad main-line track to Kingsland and west of the Borrell Tract east

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boundary line (said east boundary line of the Borrell Tract being a straight line between Point No. 24 and Point No. 26 as shown and indicated on the current official map of the City of St. Marys, Georgia); that portion of Borrell Street lying between Church Street on the north and Alexander Street on the south; that portion of Borrell Street lying between Gallop Street on the north and Ashley Street on the south; that portion of Bailey Street lying between Gallop Street on the north and Ashley Street on the south; that portion of Meeting Street lying between Margaret Street on the west and Mahan Street on the east; to authorize, empower and direct the city authorities to execute and deliver an instrument conveying the fee-simple title to corporations, boards, and individuals, to whom the city has heretofore executed and delivered its quit claim deeds or to whom the city may hereafter execute and deliver its quit claim deed; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. That the mayor and board of aldermen of the City of St. Marys, Georgia, are hereby authorized and empowered to permanently close, abandon and abolish those certain portions or sections of the following streets in said city, to wit: That portion of Meeting Street lying between Wheeler Street on the west and Osborne Street on the east; that portion of Borrell Street lying between Conyers Street on the north and Weed Street on the south; that portion of Comeau Street lying between Conyers Street on the north and Weed Street on the south; that portion of Dilworth Street lying between State Highway No. 40 on the north and Finley Street on the south; that portion of Fleming Street lying between Dilworth Street on the west and Comeau Street on the east; the entire portions of St. Patrick, Liberty, Fleming, Finley, Comeau, Flood and Bachlott Streets lying north of St. Marys Railroad mainline tract to Kingsland and west of the Borrell tract

Page 2437

east boundary line (said east boundary line of the Borrell Tract being a straight line between Point No. 24 and Point No. 26 as shown and indicated on the current official map of the City of St. Marys, Georgia); that portion of Borrell Street lying between Church Street on the north and Alexander Street on the south; that portion of Borrell Street lying between Gallop Street on the north and Ashley Street on the south; that portion of Bailey Street lying between Gallop Street on the north and Ashley Street on the south; that portion of Meeting Street lying between Margaret Street on the west and Mahan Street on the east. Description. Section 2. Be it further enacted by the authority aforesaid that said city is hereby authorized and empowered to execute and deliver deeds of conveyance conveying the fee-simple title to corporations, boards, and individuals to whom said city has heretofore executed and delivered its quit claim deed or to whom said city may hereafter execute and deliver its quit claim deed, such conveyances together with the resolutions duly passed and adopted by said city authorizing and directing the execution and delivery of said deeds of conveyance, be and the same are hereby ratified and confirmed. Conveyances. Section 3. Be it further enacted by the authority aforesaid that such deeds of conveyance whether heretofore executed and delivered or to be executed and delivered after the passage of this Act shall convey the full fee-simple title to said described portions of said streets as well as any and all right, title and interest of said city and the public generally in and to said portions of said described streets. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached.

Page 2438

Georgia, Camden County. Proof of Publication. Before me, the undersigned, an officer duly authorized by law to administer oaths, this day personally appeared John D. Odom, who, being first duly sworn on his oath according to law, says that he is the duly elected, constituted and acting Representative of Camden County, in the General Assembly of Georgia, and that he has caused the title to the above and foregoing bill, or Act to be published in the Southeast Georgian, the official organ of Camden County during the year 1955, in its issues of December 15th, 22nd, and 29th, 1955. /s/ John D. Odom. John D. Odom, Representative, Camden County, Georgia. Sworn to and subscribed before me, this 23 day of January, 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal) Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in January, 1956, for the passage of local legislation, the title of such bill to be as follows: An Act to authorize, empower, and direct the City of St. Marys, Georgia, to abandon and close the following portions of city streets: That portion of Meeting Street lying between Wheeler Street on the west and Osborne Street on the east; that portion of Borrell Street lying between Conyers Street on the north and Weed Street on the south; that portion of Comeau Street lying between Conyers Street on the north and Weed Street on the south; that portion of Dilworth Street lying between

Page 2439

State Highway No. 40 on the north and Finley Street on the south; that portion of Fleming Street lying between Dilworth Street on the west and Comeau Street on the east; the entire portions of St. Patrick, Liberty, Fleming, Finley, Comeau, Flood, and Bachlott Streets lying north of St. Marys Railroad main-line track to Kingsland and west of the Borrell Tract east boundary line (said east boundary line of the Borrell Tract being a straight line between Point No. 24 and Point No. 26 as shown and indicated on the current official map of the City of St. Marys, Georgia); that portion of Borrell Street lying between Church Street on the north and Alexander Street on the south; that portion of Borrell Street lying between Gallop Street on the north and Ashley Street on the south; that portion of Bailey Street lying between Gallop Street on the north and Ashley Street on the south; that portion of Meeting Street lying between Margaret Street on the west and Mahan Street on the east; to authorize, empower, and direct the city authorities to execute and deliver an instrument conveying the fee-simple title to corporations, boards, and individuals, to whom the city has heretofore executed and delivered its quit claim deeds or to whom the city may hereafter execute and deliver its quit claim deed; and for other purposes. This 3rd day of November, 1955. Warren A. Bailey, Mayor, City of St. Marys, Georgia. 12-15, 22,29 Approved February 23, 1956.

Page 2440

SPALDING COUNTYCOMPENSATION OF COMMISSIONERS. No. 121 (House Bill No. 251). An Act to provide for an expense allowance for the members of the Board of Commissioners of Roads and Revenues of Spalding County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each member of the Board of Commissioners of Roads and Revenues of Spalding County shall receive an expense allowance in the amount of $600 per annum, payable in equal monthly installments from the funds of Spalding County, which shall be in addition to any other compensation received by such members. Expense allowance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Frank P. Lindsey, Jr., who, on oath, depose and say that they are Representatives from Spalding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: December 30, 1955, January 2 and January 10, 1956. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr., Representatives, Spalding County. Sworn to and subscribed before me, this 23 day of January, 1956. /s/ E. G. Harper, Notary Public, Spalding County, Georgia.

Page 2441

Legal10406 Notice of Intent to Apply for Local Legislation. Becuase of a resolution requesting same and presented to the local delegation by the Commissioners of Roads and Revenues of Spalding County, Georgia, notice is hereby given that an Act will be introduced at the January, 1956, session of the General Assembly of Georgia, to provide for an expense allowance for the Commissioners of Roads and Revenues of Spalding County, Georgia, and for other purposes. This Act will be introduced due to the fact that an Act for the same purpose passed by both the House and Senate at the 1955 session of the General Assembly failed to become law because of a technicality which occurred in the passage of said bill. This the 28th day of December, 1955. Frank F. Lindsey, Jr., Arthur K. Bolton, Representatives Georgia General Assembly, Spalding County, Georgia. Approved February 23, 1956. MANCHESTER CHARTER AMENDED. No. 122 (House Bill No. 349). An Act to amend an Act, approved August 16, 1909, entitled An Act to incorporate the City of Manchester in the Counties of Meriwether and Talbot Counties, State of Georgia, to define its corporate limits; and for other purposes, by amending Section 18 of said Act so as to change the date of returning property for taxation; by amending Section 19 of said Act as amended by an Act approved August 10, 1921 (Ga. L., 1921, p. 1005) so as to change the date for election of tax assessors; and for other purposes.

Page 2442

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That Section 18 of the Act approved August 16, 1909, incorporating the City of Manchester (Ga. L. 1909, p. 1081) be amended as follows: By striking the entire first sentence of said section that reads as follows, Be it further enacted, that any person owning or holding property of any kind in any capacity within the corporate limits of said city, on the first Wednesday in May each year after the passage of this Act, shall return the same for taxation under oath at any time from and after the first Wednesday in May and until the first Wednesday in July of each year, to the city clerk or other officer authorized receive tax returns for said city, and inserting in lieu thereof the following sentence to read as follows: Any person owning or holding property of any kind in any capacity within the corporate limits of said city on the first day of January in each year shall return the same for taxation under oath at anytime from the first day of January until the first day of April of each year, to the city clerk, or other officer authorized to receive tax returns for said city. Tax returns. Section 2. That Section 19 of said Act as amended by an Act approved August 10, 1921, (Ga. L., 1921, p. 1007) and other amendatory Acts be amended as follows: By striking the word May in the first sentence of said section as amended and inserting in lieu thereof the word April so that said sentence when amended shall read as follows: Be it further enacted, that the commissioners shall, at their first meeting in May of each year, elect three intelligent, discreet and upright persons, citizens and qualified voters in said city and owners of real estate therein, as city tax assessors whose term of office shall be for one year. Tax assessors. Section 3. All laws or parts of laws in conflict with the provisions of this law are hereby repealed.

Page 2443

State of Georgia, Meriwether County. Personally appeared before me the undersigned attesting officer, Mrs. R. K. Stoval, who on oath says that she is editor and publisher of the Meriwether Vindicator, the official organ of Meriwether County, Georgia, in which the sheriff's advertisements are published, and that the notice of local legislation as follows: Notice of Local Legislation. Legislation amending the charter of the City of Manchester: To extend the territorial limits of said city; to change the date of assessment for ad valorem taxes and the time of making property returns; and such other amendments to the charter of said city as shall be within the power of the General Assembly; will be sought and introduced in the General Assembly of Georgia at the January 1956 session thereof. Board of Commissioners for City of Manchester. was published in the Meriwether Vindicator on December 16, 23, and 30, 1955 and the foregoing clipping is a true and correct copy of the said notice as it appeared in said newspaper on the dates above set forth. /s/ Mrs. R. K. Stovall. Mrs. R. K. Stovall, Editor and Publisher of the Meriwether Vindicator. Sworn to and subscribed before me, this 26 day of January, 1956. /s/ A. D. Herring, Clerk Superior Court, Meriwether County, Georgia. Approved February 23, 1956.

Page 2444

DOUGLAS CORPORATE LIMITS EXTENDED. No. 125 (House Bill No. 290). An Act to amend an Act creating a new charter and municipal government for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, and as amended particularly by an Act approved February 7, 1950 (Ga. L. 1950, p. 2031); so as to change the present city boundaries and corporate limits by the annexation of certain described areas adjacent to the present city limits; 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 and municipal government for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, and as amended particularly by an Act approved February 7, 1950 (Ga. L. 1950, p. 2031); is hereby amended by extending and increasing the city limits, corporate limits and boundaries of the City of Douglas so as to include therein and annex thereto the following described property and area, which is now adjacent to the present city limits and boundaries of the City of Douglas, in the County of Coffee, State of Georgia, to wit: Beginning at the point on the north original line of lot of land No. 222 in the Sixth Land District of Coffee County, Georgia, where said line is intersected by the east line of Fales Avenue and running thence in a southerly direction along the east line of Fales Avenue 319.3 feet to the north line of the right-of-way of the Old Douglas to Nicholls Highway; thence in a southeasterly direction along the north line of said Old Douglas to Nicholls Highway 775.0 feet; thence in a northerly direction 552.5 feet to a point on the north original line of said lot of land No. 222 a distance of 709.6 feet east of the point of beginning, and thence in a westerly direction along the north original line of said lot of land No.

Page 2445

222 a distance of 709.6 feet to the point of beginning; also Description. All of the right-of-way (from its north line to its south line) of the Old Douglas to Nicholls Highway which lies south of and adjacent to the aforesaid described land. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at its 1956 session for an amendment to the charter of the City of Douglas, and the several Acts amendatory thereof, adding to its area and bringing within the corporate limits thereof the following described area outside of and adjacent to the present corporate limits of the City of Douglas, Coffee County, Georgia: Beginning at the point on the north original line of lot of land No. 222 in the Sixth Land District of Coffee County, Georgia, where said line is intersected by the east line of Fales Avenue and thence running in a southerly direction along the east line of Fales Avenue 319.3 feet to the north line of the right-of-way of the Old Douglas to Nicholls Highway; thence in a southeasterly direction along the north line of said Old Douglas to Nicholls Highway 775.0 feet; thence in a northerly direction 552.5 feet to a point on the north original line of said lot of land No. 222 a distance of 709.6 feet east of the point of beginning, and thence in a westerly direction along the north line of said lot of land No. 222 a distance of 709.6 feet to the point of beginning; also All of the right-of-way (from its north line to its south line) of the Old Douglas to Nicholls Highway which lies south of and adjacent to the aforesaid described land.

Page 2446

This 14 day of December, 1955. Dewey Hayes, Andrew J. Tanner, Representatives from Coffee County in the General Assembly of Georgia. Georgia, Coffee County. Personally before the undersigned officer authorized to administer oaths appeared Andrew J. Tanner, who, on oath, says that he is a member of the General Assembly from Coffee County, Georgia, and is co-author of the local bill to which this affidavit is attached; that notice of intention to apply for the legislation outlined in said bill has been published in the newspaper in which the sheriff's sales for Coffee County are advertised once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly, a copy of said notice being hereto attached and made a part of said bill; that said notice was published as provided by law. /s/ Andrew J. Tanner. Sworn to and subscribed before me, this 16 day of January, 1956. /s/ G. H. Mingledorff, Notary Public, Georgia, State at Large. (Seal) Approved February 23, 1956. MANCHESTER CORPORATE LIMITS. No. 126 (House Bill No. 350). An Act to amend an Act approved August 16, 1909 (Ga. L. 1909, p. 1071), and all Acts amendatory thereof which incorporated the City of Manchester: to annex

Page 2447

certain territory to the corporate limits of said city, to delineate and define the corporate limits of the City of Manchester; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. Section 3 of the Act approved August 16, (Ga. L. 1909, p. 1071), as amended, which incorporated the City of Manchester in the Counties of Meriwether and Talbot, is hereby amended by striking said Section 3 in its entirety and substituting therefor a new Section 3 to read as follows: Section 3. Be it further enacted, that the corporate limits of the City of Manchester, as amended, shall include the following territories, to wit: All of lots of land numbers two hundred forty-three (243), two hundred forty-four (244), two hundred sixty-nine (269), and two hundred seventy (270) in the Gill (originally Second) District of Meriwether County, Georgia; the west half of lot of land number thirteen (13) in the Chalybeate (formerly First) District of Meriwether County, Georgia, and the following portion of the east half of said lot of land number thirteen (13) in the said Chalybeate District, to wit: Commencing at the southeast corner of the west half of said lot of land number thirteen (13), thence running east along the south boundary line of said lot of land number thirteen to a point which is fifteen and 15/100 (15.15) chains east of the first branch east of the residence known as the old A. J. Routon residence; thence running due north a distance of twenty-six and 40/100 (26.40) chains to a branch, thence up and along said branch to a ditch location, thence in a north westerly direction along said ditch location to the point of intersection of a branch with the north boundary line of said lot of land number thirteen (13), thence running west along the north boundary line of said lot of land number thirteen (13) to the east boundary line of the west half of said lot of land number thirteen (13), thence running

Page 2448

south along the east boundary line of the west half of said lot of land to the south boundary line of said lot of land, at the point of beginning; All of that part of lot of land number two hundred thirty-seven (237) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the southeast corner of said lot of land number 237, thence running west along the south boundary line of said lot of land number 237 a distance of two thousand five hundred ninety-one (2591) feet, thence running north along the west boundary line of the Manchester Development Company sub-division a distance of twenty-two hundred (2200) feet, thence running east along the north boundary line of the Manchester Development Company subdivision to the southerly boundary line of the right-of-way of the Atlantic Coast Line Railroad thence running northwesterly along the southerly boundary line of the right-of-way of the Atlantic Coast Line Railroad to its intersection with the north boundary line of said lot of land No. 237, thence running east along the north boundary line of said lot of land No. 237 to its northeast corner, thence running south along the east boundary line of said lot of land No. 237 to its southeast corner and point of beginning; All that point of lot of land number two hundred fortyfive (245) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the southwest corner of said lot of land No. 245, thence running north along the west boundary line of said lot of land No. 245 a distance of thirty-three and 15/100 (33.15) chains, thence running due east a distance of twenty-two and 80/100 (22.80) chains, thence running due south a distance of twenty-one and ninety (21.90) chains, thence running east to the east boundary line of said lot of land No. 245, thence running south along the east boundary line of said lot of land No. 245 to its southeast corner, thence running west to a point of beginning; All that part of lot of land number two hundred sixty-eight (268) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the southeast corner of said lot of land No. 268, thence running north along the east boundary line of said lot of land No. 268 a

Page 2449

distance of twenty-one and 55/100 (21.55) chains, thence running north thirty-three and 5/10 (33.5) degrees west a distance of seven and one-half (7.5) chains, thence running south eighty-two degrees west a distance of four and 68/100 (4.68) chains, thence running north seventy eight and 75/100 (78.75) degrees west a distance of forty two and 93/100 (42.93) chains to a public road, thence south fourteen and one-half (14.5) degrees east along said road to its point of intersection with the old Woodbury-Manchester public road, thence along said public road in a southwesterly direction to the north boundary line of the south one-fourth of said lot of land No. 268, thence running west to the west boundary line of said lot of land No. 268, thence running south a distance of eleven and 25/100 (11.25) chains to the southwest corner of said lot of land No. 268, thence running east along the south boundary line of said lot of land to its southeast corner and point of beginning; All that part of lot of land number fourteen (14) in the Chalybeate (formerly First) District of Meriwether County, Georgia described as follows: Beginning at the northwest corner of said lot of land No. 14, thence running due south along original land lot line a distance of ten (10) chains, thence running due east a distance of twenty-three and 5/100 (23.05) chains, thence running due north a distance of ten (10) chains to the north boundary line of said lot of land No. 14, thence running due west a distance of twenty-three and 5/100 (23.05) chains to a point of beginning; All that part of lot of land number two hundred thirty-eight (238) in the said Gill District of Meriwether County, Georgia, described as follows: Beginning at the northeast corner of said lot of land No. 238, thence running south along the east boundary line of said lot of land No. 238 for a distance of seven hundred twenty-nine (729) feet, thence running west a distance of two hundred thirty-five (235) feet, thence running south a distance of four hundred twenty (420) feet, thence running east a distance of fifteen (15) feet, thence running south a distance of four hundred ten feet (410) feet to the south boundary line of the lands known as the J. L. Webster, Jr., lands, thence running west a distance

Page 2450

of one thousand seven hundred thirty (1730) feet to a seasonal stream, thence running northerly down said stream a distance of six hundred sixty (660) feet to a point, thence running due north a distance of nine hundred fifty-five (955) feet to the north boundary line of said lot of land No. 238, thence running east along the north boundary line of said lot of land No. 238 to point of beginning. Corporate limits. Also: All that tract or parcel of land, lying and being in Land Lot 238 of Gill District of Meriwether County, Georgia and more particularly described as follows: Commencing at a point on the north boundary line of lot of land 238 three (3) feet east of the southwest corner of lot number thirty-eight of Block 1A as shown on properly recorded plat of subdivision of Manchester Development Company and running west along the said north boundary line of lot No. 238 to the northwest corner of lot known as Lot No. 5 in West Manchester, the property of Ralph Collier, thence south to the southwest corner of said lot No. 5 in West Manchester, thence east along the southern boundary of said lot No. 5 in West Manchester to the corner of the properties of T. T. Jackson, W. G. Harry, et. al. and Charlie Brockton, thence four degrees and forty-four and five-tenths minutes (4 44.5) east a distance of one thousand (1,000) feet, thence at right angles east, a distance of two hundred eighteen (218) feet to a point thence north to the southwest corner of Lot No. 32 of the W. G. Harry subdivision as shown on plat and survey thereof made by J. H. and J. Burrus Smith, C. E., on April 21, 1955, thence east along the southern boundary of said lot 32 a distance of one hundred fifty-one and 30/100 (151.30) feet to the southeast corner of said lot 32, thence north to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2451

State of Georgia, Meriwether County. Personally appeared before me the undersigned attesting officer, Mrs. R. K. Stoval, who on oath says that she is editor and publisher of the Meriwether Vindicator, the official organ of Meriwether County, Georgia, in which the sheriff's advertisements are published, and that the notice of local legislation as follows: Legal Notice. Notice of Local Legislation. Legislation amending the charter of the City of Manchester: To extend the territorial limits of said city; to change the date of assessments for ad valorem taxes and the time for making property returns; and such other amendments to the charter of said city as shall be within the power of the General Assembly, will be sought and introduced in the General Assembly of Georgia at the January 1956 session thereof. Board of Commissioners for City of Manchester. was published in the Meriwether Vindicator on December 16, 23, and 30, 1955 and the foregoing clipping is a true and correct copy of the said notice as it appeared in said newspaper on the dates above set forth. /s/ Mrs. R. K. Stovall. Mrs. R. K. Stovall, Editor and Publisher of the Meriwether Vindicator. Sworn to and subscribed before me, this 26 day of January, 1956. /s/ A. D. Herring, Clerk Superior Court, Meriwether County, Georgia. Approved February 23, 1956.

Page 2452

UNION COUNTY TAX COMMISSIONER. No. 128 (House Bill No. 321). An Act to amend an Act creating the office of Tax Commissioner (Director of Taxes) of Union County, approved February 9, 1949 (Ga. L. 1949, p. 325), as amended by an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2502), so as to change the provisions as to the keeping of the office of the tax commissioner opened on certain dates; to provide that the tax commissioner shall not be required to make rounds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner (Director of Taxes) of Union County, approved February 9, 1949 (Ga. L. 1949, p. 325), as amended by an Act approved February 20, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2502), is hereby amended by striking Section 7 and in lieu thereof inserting the following: Section 7. It shall be the duty of the tax commissioner (director of taxes) to perform all of the several duties now, or which may hereafter be imposed by law upon the offices of tax commissioner and tax receiver. The tax commissioner (director of taxes) shall make no rounds for the receiving or collecting of taxes. The tax commissioner (director of taxes) shall keep the office at the courthouse opened for five (5) days per week from January 1st through April 1st, from October 1st through October 15th, and from November 15th through December 20th. Office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Pass Local Bill. Notice is hereby given that I will introduce, at the

Page 2453

January 1956 session of the General Assembly, a local bill to be entitled an Act to amend the Act of 1949, (Ga. L., 1949, p. 325) as amended, creating the Office of Tax Commissioner of Union County providing that the tax commissioner shall keep his office open certain days for receiving tax returns, and for collecting taxes, and abolishing tax commissioner's rounds, and for other purposes. This January 2, 1956. Jack G. Tarpley, Representative, Union County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack G. Tarpley, who, on oath, deposes and says that he is Representative from Union County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the North Georgia News, which is the official organ of said County, on the following dates: Ja. 5, Jan. 12, Jan. 19, 1956. /s/ Jack G. Tarpley, Representative, Union County. Sworn to and subscribed before me, this 26 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved February 23, 1956.

Page 2454

DAWSON CHARTER AMENDED. No. 129 (Senate Bill No. 76). An Act to amend the charter of the City of Dawson, Georgia, so as to authorize the city council of Dawson (a) to fix the salaries and compensation for its officers and employees; and (b) to levy ad valorem taxes for ordinary operating expenses not in excess of fifteen (15) mills on the dollar; and (c) to name a water, light and gas commission of not less than three (3) nor more than five (5) members, and define their duties and fix their compensation: and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. Section Two (2) of the charter of the City of Dawson, Georgia, approved August 7th, 1909, be, and the same is hereby, amended by striking from said section, the following: They shall elect a clerk of the city council of Dawson who shall be ex officio tax collector of the City of Dawson, which said officer shall receive a salary of $1,000.00 per annum; also a city treasurer, who shall receive a salary of $100.00 per annum; also a city attorney, who shall receive a salary of $250.00 per annum. No other compensation or emolument whatever shall be paid the officers aforesaid except as above stated, and substituting in lieu of the above stricken portion of said section, the following: They shall elect a clerk of the city council of Dawson, who shall be ex officio tax collector of said city; also a city treasurer and a city attorney, and shall fix and provide for the compensation of the officers so elected. Officers. Section 2. Section Eleven (11) of said charter be amended by striking from said section Subparagraph (a) thereof, which is as follows: It shall have the power and authority to levy and collect such taxes for ordinary and extraordinary expenses upon the property within said

Page 2455

city as is now allowed by the laws of the State of Georgia, and under the same rules and regulations as provided by this charter, and substituting in lieu of said stricken subparagraph, to be known as Paragraph 11 (a) of said charter, the following: The city council of Dawson, Georgia, shall have the power and authority to levy and collect such taxes for the ordinary current expenses of said city not in excess of fifteen (15) mills on the dollar upon the assessed values of all taxable properties in said city. Tax rate. Section 3. The said charter of the City of Dawson, Georgia, is further amended by adding thereto the following:. The mayor of the City of Dawson, Georgia, by and with the consent of the city council, is hereby authorized to name and appoint a board of not less than three nor more than five members, to be known as the Water, Light and Gas Commission of the City of Dawson. The members of said board shall be residents and citizens of the City of Dawson. The terms of office for said members shall be for five years, except that the members of the board first appointed shall be for such terms as will make the term of one member only expire during any one year, and the mayor in making the first appointment shall designate the expiration date of the term of office for each member thus appointed, and after the first appointment the members thereafter appointed shall be for a term of five years. The members shall serve until their successors are appointed. The city council of Dawson shall have the power and authority to define the duties of said board, and fix and provide for the compensation of the members thereof. The mayor of the City of Dawson from time to time and by virtue of his office shall be ex officio a member of said board. No person shall be appointed to serve on said board who is a councilman of the City of Dawson. Water, light and gas commission. Section 4. All laws and parts of laws in conflict with

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this Act, be and the same are hereby repealed. This Act shall be effective from and after the date of its adoption. Section 5. Notice of intention to apply for the passage of the foregoing local bill was published in the newspaper in which the sheriff's advertisements for Terrell County, Georgia, are published, namely the Dawson News, once a week for three weeks during the period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Act is a copy of said notice certified by the publisher of said paper. Affidavit of publication attached to enrolled copy. Approved February 23, 1956. CHATHAM COUNTY CIVIL SERVICE. No. 130 (Senate Bill No. 82). An Act to create a civil service system for Chatham County to provide for the establishment of a civil service board, to provide for the appointment and removal of the members of said board and their qualifications, term of office and salaries; to prescribe the duties of the civil service board, to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualification of employees; to provide for the examination, appointment and promotion of employees; to provide in what manner and for what reasons employees may be demoted, suspended and discharged; to provide for hearings of employees charged with the violation of the civil service rules or the provisions of this Act; to prohibit county employees coming under the provisions of this Act from doing certain things in violation thereof, to provide a penalty for persons violating the provisions

Page 2457

of this Act; to provide for removals in the interest of economy; to establish re-employment lists; to provide for leaves of absence and vacations; to provide for the appointment of a director of personnel, his qualifications and salary; to provide for the repeal of conflicting laws; and for other purposes, so as to provide a complete civil service system for the employees of Chatham County. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that a civil service system is hereby created for Chatham County as follows: Section 1. Section 1. Index to Civil Service Act. Section 2. Definitions. Section 3. Appointment, removal, compensation and duties of the civil service board. Section 4. Appointment, removal, compensation and duties of the personnel director. Section 5. Unclassified service and classified service. Section 6. Status of incumbents. Section 7. Methods of filling vacancies. Section 8. Certification and appointment. Section 9. Temporary and provisional appointment. Section 10. Examinations. Section 11. Ratings and eligibility. Section 12. Promotions. Section 13. Re-employment. Section 14. Transfer. Section 15. Demotions. Section 16. Suspension.

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Section 17. Lay-off. Section 18. Removal. Section 19. Appeals. Section 20. Political activity. Section 21. Residence. Section 22. Dismissal for violation. Section 23. Penalties. Section 24. Oaths. Section 25. Certification. Section 26. Constitutionality. Section 27. General Repeal. Section 28. Effective Date. Section 2. Definitions: The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise. (1) Classified service means all offices and positions of trust or employment in the service of Chatham County except those placed in the unclassified service of this Act. It shall not include employees of the Board of Public Education for the City of Savannah and the County of Chatham. (2) Board means the Civil Service Board of Chatham County. (3) The Director means the director of Personnel of the Civil Service Board of Chatham County. (4) Appointing authority means the officer, commission, board or body having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission, board or institutions; or any persons or group of persons having the power by virtue of the Constitution, statute, or lawfully

Page 2459

delegated authority to make appointments or employments to positions of employment in Chatham County. (5) Position means any office or place of employment in the service of Chatham County. (6) Classified employee means any employees holding a position in the classified service. (7) Public hearings means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved. (8) County commissioners means Commissioners of Chatham County and Ex officio Judges thereof. Section 3. Appointment, removal, compensation and duties of the civil service board. (1) There is hereby created and established the Chatham County Civil Service Board which shall consist of three members of known sympathy to the merit system. The initial members of the Chatham County Civil Service Board shall be E. Ormonde Hunter, Alton D. Fryer and Sidney E. Disher. Said members to the board herein named shall serve as follows: the first name shall serve for two years, the second named shall serve for a period of four years and the third named shall serve for a period of six years. No person shall be appointed to the board who is not a citizen of the United States and a resident of Chatham County for at least three years preceding such appointment. Said board shall consist, as far as is practicable, of representatives from labor, business and professions. All of said members, except those specifically named herein, shall be appointed to said board by the chairman of the county commissioners subject to the approval of other members of said board. After the appointments to the board made herein, all appointments shall be for a term of six years and the members shall serve until their successors shall be appointed and qualified. The members shall annually elect one of their number as chairman and another vice-chairman of said board. Two

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members shall constitute a quorum for the conduct of business. No member of the board shall be a member of any local, State or national political party. No member shall hold any lucrative office or employment under the United States Government, the City of Savannah or any county government. There is excepted, however, the office of notary public or an office in the military forces. It shall be and is hereby made the duty of the commissioners to appropriate annually a sufficient sum of money to enable the Civil Service Board of Chatham County to properly carry out the purpose of this Act. Vacancies in the office of said board created by death, resignation, or otherwise, shall be filled by appointment of the chairman of the county commissioners for the unexpired term subject to approval by the remaining members of the board. (2) A member of the board may be removed only for cause and after being served with a copy of the charges against him after a public hearing. Such hearing shall be conducted before the county commissioners at a special or regular meeting of said commissioners. Removal shall be by the chairman of the county commissioners upon the vote of a majority of the commissioners present at such hearing voting for removal. The chairman of county commissioners or presiding officer shall vote in case of a tie. (3) The members of the board shall be paid at the rate of fifteen dollars per diem for time actually devoted to the business of the board, but no member shall be paid for more than forty-five days of service in any one year. (4) The board shall keep its office and shall hold its meetings in the Chatham County courthouse and all of said meetings shall be open to the public. The board shall hold regular meetings at least once a month and as often in addition thereto as the board may provide. Ten day written notice shall be given by the director of each meeting. It shall be the duty of all officers having charge of public buildings of the county to allow the reasonable

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use of space and room therein, and to heat and light for the holding of any examinations or investigations provided for by this Act and in all proper ways to facilitate the work of the board. It shall be the duty of the board as a body: (a) After public hearing to adopt, rescind and amend rules and regulations for the administration of this Act, it shall be the duty of all officials and other employees of the county to which these rules may relate to assist in all proper ways, in carrying said rules and any modifications thereof into effect. Notice of the contents of such rules and of any modifications thereof, shall be given to all appointing officers affected thereby, and such rules and modifications must be printed for public distribution. (b) To hear and determine the appeals and complaints respecting the administrative work of the director, and such other matters as may be referred to the board by the director. (c) To make such investigations as may be requested by the chairman of the county commissioners where county employees are affected, or on its own motion and to report thereon. (d) To keep minutes of its own meetings and such other records as the board may deem necessary. (e) To examine and approve or modify the annual report prepared by the director and submit such report to the county commissioners on or before the first day of February covering the period from January 1 through December 31 of the preceding year, transmitting there-with any suggestions it may approve for the more effectual accomplishment of the purpose of this Act. (f) To provide rules and regulations for preferences for honorably discharged veterans of any war, in conformity with Article III, Section VII, Paragraph XXIV,

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of the Constitution of the State of Georgia providing that equal preferences be accorded such veterans as exist under Federal civil service laws. Section 4. Appointment, removal, compensation and duties of the personnel director. (1) The county commissioners shall appoint the personnel director recommended by the board. Such director shall be a person competent, trained and experienced in the field of personnel administration and thoroughly in sympathy with the application of the merit system. (2) He shall take the oath of office prescribed for the county commissioners before the chairman of said board, and give bond in the penal sum to be fixed by the county commissioners for his faithful performance, to be approved by the county commissioners. (3) The director may be removed by the board for cause only after he has been presented in writing with the reasons for his removal. He shall be given an opportunity, not less than fifteen days to answer the charges either in writing or upon his request to be heard by the board. The statement of reasons and answer or transcript of hearing shall be filed with the chairman of the board. (4) The director shall be paid a salary not less than $6,000 dollars per annum, payable in equal monthly installments. (5) It shall be his duty: (a) To attend meetings of the board, to act as its secretary and to record its official actions. (b) To appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation to be provided therefor by the county commissioners. (c) To prepare, recommend, and administer rules and

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regulations for the proper administration and execution of this Act, which rules and regulations are to be approved by the board, and the formulation of registers of eligibles; the certification of persons qualified for appointment to the classified service, administrations of appointments, transfers, demotions, promotions, suspensions, lay-offs, re-employments, resignations, dismissals and other matters pertaining to the proper administration of this Act. (d) To establish and maintain a roster of all the officers and employees in the employment of Chatham County, who are covered by this Act, showing for each such person the date of the appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent. (e) To check all payrolls or other compensation for personnel service in the classified service periodically, at such time as the director may deem consistent for the proper administration of this Act. (f) To maintain, subject to the approval of the board, a classification plan based on the duties, authority, and responsibility of positions. (g) To make such investigations pertaining to personnel, salary scales, and employment conditions in the county as he may deem necessary and as may be requested by the board of the county commissioners. (h) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any such investigations. (i) To make an annual report to the board and to the county commissioners. (j) The personnel director shall prepare and maintain

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an up-to-date record of the duties and responsibilities of each position in the classified service. The classification plan, when approved by the board, shall be submitted by the board to the county commissioners. (k) After the adoption of the classification plan, the personnel director shall with the approval of the board, allocate each position in the classified service to the appropriate class therein on the basis of its duties and responsibilities. Thereafter, as new positions are created or existing classes are divided, combined, altered or abolished, the director shall, with the approval of the board, make such allocations of positions as are necessitated thereby. (l) Following the adoption of the classification plan and the allocation to classes therein of positions, the class titles set forth therein shall be used to designate such positions in all official records, documents, vouchers, payrolls and communications, and no person shall be appointed to or employed in a position in the classified service under any class title which has not been approved by the director as appropriate to the duties to be performed. (m) To perform any other lawful act required to carry into effect the purposes and spirit of this Act. (n) The director may from time to time designate in writing an employee of the department to act for him in case of his absence or inability from any cause to discharge the powers and duties of his office. In such case, the powers and duties of the director shall devolve upon his designs. Section 5. Unclassified service and classified service. (1) The unclassified service shall consist of the following: (a) Officers elected by the people and persons appointed

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to fill vacancies in such elective offices. Provided in the offices of the clerk of the superior court and city court, tax commissioner, sheriffs of the superior court and city court and ordinary, if the chief deputy in any of said offices should elect not to be a candidate in the succeeding election, he shall revert to his former status in the classified service. (b) Officers and employees specifically exempted by law. (c) Members of boards or special commissions appointed by the county commissioners for special purposes who serve without compensation. (d) County attorney and assistant county attorneys. (e) Clerk of the county commissioners. (f) Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, or examination where such appointment or designation is certified by the board to be for employment which should not be performed by persons in the classified service. (g) Election officials and members of the board of registrars. (h) Heads of departments selected or appointed by the county commissioners and by the judges of the superior court, provided, however, the phrase head of department as used in this section shall mean the executive head of a department who is directly responsible for forming policies, and who is vested with discretion as to acts, being solely responsible for the administration of the department concerned. (i) Clerk and sheriff of the Municipal Court of Chatham County. (j) Board of tax assessors, board of health, board of public welfare and jury commissioners.

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(k) Assistant solicitor-generals and secretary to solicitor-general. (l) The personal secretary and/or special bailiff of any judge of superior court, city court and municipal court not to exceed two and the official reporters thereof. (m) County warden. (n) Chief of Chatham County Police. (o) County engineer. (p) County jailer. (q) County tax assessor. (r) Recorder (Judge) of the Chatham County Recorder's Court. (2) The classified service shall include all other public officers and employees in the employment of Chatham County, now or hereafter employed, and all appointments, employments, suspensions and changes in grade or title in the classified service shall be made and permitted only as prescribed in this Act, and not otherwise. Section 6. Status of present employees. Employees holding positions in the classified service herein for one year or more immediately prior to the adoption of this law shall be continued in their respective positions without further examination, until separated from their positions as provided by law. Those holding their positions less than one year immediately prior to the adoption of this law, shall also be continued in their respective positions provided within one year after this law takes effect they pass a qualifying test prescribed by the director. Those who shall have failed to qualify as provided herein shall be dismissed from their positions within thirty days after establishment of an eligible list for their respective positions. Nothing herein shall preclude the reclassification

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or reallocation as provided by this law of any position held by any such incumbent. Section 7. Methods of filling vacancies. Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer or demotion. The director may advise with the appointing authorities as to which of those methods should be employed in each instance, but the decision shall rest with the appointing authority, provided, that temporary appointments may be made only provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. Section 8. Certification and appointment. Whenever a vacancy is to be filled by regular appointment, the appointing authority shall submit to the director a statement of the duties of the position and a request that the director certify to him the names of persons eligible for appointment to the position. The director shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the director that any persons not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person qualified by the civil service rules. In the event that there does not exist any eligible register which the director deems

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to be appropriate for the class on which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authority three times, the director after investigation may with the approval of the board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of one year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the director shall be notified in writing that he will not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Section 9. Temporary and provisional employment. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the director. If such nominee is found by the director to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy, but only until an appropriate eligible register can be established and an appointment made therefrom, provided that, the director with the approval of the board may approve a provisional appointment to fill a technical or professional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. In no event shall a temporary appointment be continued for more than six months. Successive temporary appointments of the same person shall not be made; not more than one temporary appointment shall be made to any position within any twelve months period. Section 10. Examinations. Each eligible register shall consist of a list of all the persons who have shown by competitive examinations that they possess the qualifications

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which entitled them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The examinations must take into consideration elements of character, education, aptitude, experience, knowledge, skills, personality, physical fitness, and other pertinent matters and may be oral or written. Such examinations shall be competitive, free and open to all persons, citizens of Chatham County, who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health habits, characters and other qualifications as may be considered desirable by the director and specified in the public announcement of the examination. Notice of the time, place and general scope of every test, shall be given by the board by advertising twice for one week preceding the examination in a newspaper of general circulation published in Chatham County. Competitive examinations to determine the qualifications of persons who seek employment as ordinary unskilled laborers shall not be required. The board shall designate a class to be known as the labor class which shall include all ordinary unskilled laborers. All other matters pertaining to ordinary unskilled laborers shall be governed by this Act. Section 11. Rating and eligibility. Examination papers shall be rated on the scale of one hundred, and the subject therein shall be given such relative weights as may be prescribed. In rating these papers no person shall willfully or corruptly make any false representation concerning the same or concerning the persons examined, or willfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their name shall be placed on the proper register according to their attained rating. The term of eligibility shall be one year, commencing with the date on which the name of the eligible is entered on the register. This term may be extended in the discretion of the director for all those on any register when

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conditions of good administration render it expedient to hold a new examination. Section 12. Promotion. Promotion of employees covered by this article shall be made only according to merit and fitness and must be ascertained by competitive examinations, regardless of the number of applicants seeking promotion. Such examinations shall be conducted by the director, who shall certify the three highest examinees to the appointing authority who shall appoint one of the examinees. Any classified employee promoted to any other classified position shall serve a probationary period of twelve months during which time he may be demoted to his former position without right of appeal to the civil service board. Section 13. Re-employment. (1) Whenever any employee in the classified service, who has been performing his duties in a satisfactory manner as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the director and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the director shall cause the name of such employee to be placed on the re-employment list for the appropriate class for re-employment within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of application for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted. (2) When a vacancy exists which the appointing authority has decided to fill by re-employment, the appointing authority shall submit to the director in such form

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as may be prescribed by the board a request that the director certify to him the names of persons eligible for re-employment in the class in which the vacant position is established. The director shall immediately certify to the appointing authority the names of persons on appropriate registers. Section 14. Transfers. An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification provided, that the director has authorized the transfer of the employee from one department to another and has received approval of both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the director. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the director, who shall make proper investigation in connection therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department. Section 15. Demotion. An appointing authority may in accordance with the rules and regulations established by the board demote for cause a classified employee under his jurisdiction from a position in one class to a position in a lower class, but only after the employee involved and the director have been notified in writing of such contemplated action. Any employee holding permanent employment in the classified service who is demoted by any appointing authority may appeal his or her demotion to the board for consideration and review. The board may in its discretion restore any employee who has been demoted. Section 16. Suspension. Any appointing authority may suspend a subordinate in the classified service for cause and may recommend to the board that he be dismissed from the service or recommend suspension, demotion or transferral. Such appointing authority shall, within

Page 2472

twenty-four hours of such suspension, file with the board a copy of the written notice furnished the employee so suspended, setting forth in detail the reason for such action and his recommendations in the premises. The dismissed employee, if holding permanent employment in the classified service, shall have an opportunity to answer the charges in writing within ten days and to file with the board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. It shall then be the duty of the board, upon an investigation and a hearing thereon, to either approve or disapprove the suspension by the appointing authority and where recommendations are made, to either approve or disapprove such recommendations with authority where the cause is shown to suspend the employee for any period of time it may designate; or reinstate the employee to his former status and in their discretion with authority to direct payment of salary during such period of suspension preceding the trial; or to transfer, demote or dismiss said employee. Provided, however, that the board within thirty days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion or on the motion of any part, re-open the case and vacate, modify or revise its former order so as to lessen but not increase the penalty imposed, but after the end of such thirty days, the board shall not have any authority to re-open such case for any cause. Where an appointing authority has adopted or hereafter adopts rule for the compulsory retirement of all of its employees upon their reaching an age provided by such appointing authority, the provisions of this article shall be subject to any such rule of such appointing authority. Section 17. Lay-off and leave of absence without pay. An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and

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the director. Any person who has been appointed to a position in the classified service, or who shall have attained a civil service status, under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed ten consecutive months in any twelve months period may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the director notified in writing. Section 18. Removal. Any appointing authority may dismiss a subordinate in the classified service for cause, upon filing with the board copy of written notice furnished the employee to be removed, setting forth in detail the reasons for such action, before the effective date of such removal. The dismissed employee shall have an opportunity to answer the charges in writing within ten days, and to file with the board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. Such action of the appointing authority shall be final, except the board may reinstate an officer or employee so removed in case it appears after proper hearing that the removal was made for personal, political or religious reasons and not justified. If the board finds the action of the appointing authority was unjustified, the employee shall be reinstated without loss of pay for the period suspended. The board may after proper investigation of the circumstances surrounding the dismissal and the fairness thereof, approve the transfer or re-employment of the employee involved either to the same position, if approved by the appointing authority, or to a lower position as the board may direct. Provided, however, the board within thirty days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion, or on the motion of any party, re-open the case and vacate, modify or revise its former order so as to lessen, but not increase, the penalty imposed, but

Page 2474

after the end of such thirty days the board shall not have any authority to re-open such case for any cause. Where an appointing authority has adopted or hereafter adopts a rule for compulsory retirement of all of its employees upon their reaching an age provided by such appointing authority, the provisions of this Act shall be subject to any such rule of such appointing authority. Section 19. Appeals. Whenever the director refuses to examine an applicant or after examination to certify, an eligible as provided in this act, then said director if requested by the person so rejected, shall give to him a full and explicit statement of the exact cause for such refusal to examine or certify, as the case may be. The person so rejected may ask for a review of the case by the board, which shall be granted, and said board by a majority vote shall have power to render a final decision in writing to the person asking for the review. Such decision of the board shall be binding on all concerned. Section 20. Political activity and recommendations. In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his views as a citizen and to cast his vote in any election. No employee in the classified service shall be a member of any national, State or local committee of a political party, or an officer or member of a committee of a partisan political club, or shall take any part in any political campaign, except to exercise his right as a citizen privately to express his opinion and to cast his vote. No recommendation for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in case of former employees as to ability, shall be considered by the board,

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or the director or the appointing authority, in giving any examination, appointment, promotion or reinstatement under this Act. Section 21. Residence. Positions in the classified service shall be filled by citizens of Chatham County, who have been residents of Chatham County for at least six months immediately preceding the date of examination. In the discretion of the board, residence requirements may be waived. Removal of residence outside of Chatham County may be grounds for removal unless permission to remove is granted by the board and approved by the county commissioners. Section 22. Unlawful acts prohibited. No person shall make any false statement, certificate, mark rating or report with regard to any test, certification or appointment made under any provision of this law or in any manner commit or attempt to commit any fraud preventing the impartial execution of this law and the rules. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept any money, service or other valuable consideration for or an account of any appointment, proposed appointment, promotion or proposed promotion to, or any advantage in, a position in the classified service. No employee of the department, examiner, or other person shall defeat, deceive or obstruct any person in his right to examination, eligibility, certification or appointment under this law, or furnish to any person any special or secret information for the purpose of affecting the rights or prospects of any person with respect to employment in the classified service. Any person in the classified service violating any of the provisions of this Act may be dismissed from the classified service. Section 23. Penalties. Any person who shall wilfully or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed there from and

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shall not be eligible for re-employment, reappointment or re-instatement for a period of five years from the date of such conviction. Section 24. Oaths. The board and all employees in the classified service shall take the oath of office as prescribed by the Chatham County Commissioners. The board, each member of the Board and director shall have the power to administer oaths, subpoena witnesses and compel the production of books and papers pertinent to any investigation or hearing authorized by this law. Any person who shall fail to appear in response to a subpoena or to answer any question or produce any books or papers pertinent to any such investigation or hearing or who shall knowingly give false testimony therein shall be guilty of a misdemeanor. Section 25. Certification. No employee within the classified service shall be placed on the payroll of Chatham County until the personnel director has properly certified the individual to the position. (a) No county disbursing or auditing officer shall make or approve or take any part in making or approving any payment for personal service to any person holding a position in the county service unless the payroll voucher or account of such pay bears the certification of the director, or of his authorized agent, that persons named therein have been appointed and employed in accordance with the provisions of this law and the rules, regulations and orders thereunder. The director may for proper cause withhold certification from an entire payroll or from any specific item or items thereon. The director may, however, provide that certification of payrolls may be made once every six months, and such certification shall remain in effect in the case of any officer or employee whose status has changed after the last certification of his payroll. In the latter cause no voucher for payment of salary to such employee shall be issued or payment of salary made without further certification by the director of personnel.

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(b) Any person appointed or employed in contravention of any provision of this law or of any rule, regulation or order thereunder who performs service for which he is not paid, may maintain an action against the officer or officers who purported so to appoint or employ him to recover the agreed pay for such services, or the reasonable value thereof if no pay was agreed upon. No officer shall be reimbursed by the county at any time for any sum paid to such person on account of such services. Section 26. Constitutionality. Should any section or provision of this Act be held to be unconstitutional or invalid such section or provisions shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Section 27. General repeal. All laws and parts of laws in conflict with this Act are hereby repealed. Section 28. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation a copy of which is attached to said affidavit. Section 29. Effective date. This Act shall take effect April 1, 1956, after its passage. Affidavit of publication attached to enrolled copy. Approved February 23, 1956. COLQUITT COUNTY WATERWORKS, SEWERAGE, SANITATION AND FIRE PROTECTION. No. 131 (Senate Bill No. 121). An Act to amend an Act entitled, An Act to create a Board of Commissioners of Colquitt County; to provide for their election; to prescribe their salary, bond, duties and powers; to provide for the election of a chairman

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by the said board; to define their term of office; to make regulations in reference to the transaction of the business of the board of commissioners and for other purposes, as amended; to authorize and empower Colquitt County by and through its board of commissioners to provide, construct and maintain in said county a system or systems of waterworks, sewerage, sanitation and fire protection, and to issue revenue producing certificates for the financing thereof; to prescribe the territory thereof, to authorize the fixing of rates, fees, tolls and charges for the services, facilities and commodities to be furnished; to authorize the promulgation of rules and regulations; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same, as follows: Section 1. Colquitt County, Georgia, acting by and through its board of commissioners is hereby authorized and empowered to provide, construct and maintain, in the territory of said county, a system or systems of waterworks, sewerage, sanitation and fire protection. Systems. Section 2. Colquitt County, Georgia, is authorized to issue revenue certificates as provided for by, and pursuant to the terms of, the Revenue Certificate Law of Georgia (Ga. L. 1937, p. 761, as amended), for the financing of such water, sewerage, sanitation and/or fire protection systems, or any of such services separately or together. Revenue certificates. Section 3. Said county shall not provide, construct, operate or maintain any of such systems within the incorporated areas of any incorporated municipality or water district in said county without first obtaining the permission of the governing authority of the municipality or water district affected as evidenced by formal resolution of such governing authority. Section 4. The Board of Commissioners of Colquitt

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County is authorized and empowered to fix and collect rates, fees, tolls and charges, and to revise same from time to time, for the services, facilities or commodities furnished, and to prescribe rules and regulations for the operation of the systems of waterworks, sewerage, sanitation and fire protection herein authorized; provided, however, that the customers of such systems shall be served without unreasonable discrimination among them, and all applicants for such services, where they are located along the lines thereof or situated with respect to the lines or facilities thereof similarly to customers thereof, and where the capacity of the system of the services applied for will permit, shall be connected or allowed to connect therewith. Changes, regulations, etc. Section 5. Be it further enacted that all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Affidavit of publication attached to enrolled copy. Approved February 23, 1956. POOLER CHARTER AMENDED. No. 132 (House Bill No. 226). An Act to amend the charter of the Town of Pooler and other Acts amendatory thereto, incorporating and re-incorporating said town, by increasing the registration fees for persons qualifying to run for the office of mayor, aldermen or recorder; increasing the payments to managers in the management of elections; providing for an increase in the salaries of the mayor, aldermen and recorder; and providing for the mayor to be judge of the mayor's court, and any alderman or the town attorney to be judge pro tem. of the mayor's court; increasing the jurisdiction of penalties as to fines and imprisonment for contempt, and increasing the maximum

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limitation on fines for persons convicted; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority aforesaid that the legislative charter of the Town of Pooler contained in the Acts of the General Assembly of the State of Georgia, Adjourned Session 1946 on pages 593-614 be and are hereby amended as follows: That Section 4 of said charter be amended by striking the word eight in line seven (7) of said section and inserting in lieu thereof the word and figure sixteen ($16.00), and by striking the word and figure five ($5.00) in line eight (8) of said section and inserting in lieu thereof the word and figure ten ($10.00) so as amended said Section 4 shall read as follows: Section 4. Be it further enacted that qualified persons aspiring to the offices of mayor, aldermen or recorder, shall on or before the twentieth day of December, preceding the January election, request the recorder to place his or her name on the ballot to be prepared for said election, and shall, at the same time pay to the treasurer of said town the sum of sixteen ($16.00) dollars if he or she be qualified to run for mayor, and the sum of ten ($10.00) dollars if he or she be qualified to run for recorder or aldermen. Said fees to be used to help defray the expenses of the printing of ballots and of the election and the balance, if any, to be placed in the common treasury of said town. Qualifying fees. That Section 8 of said charter be amended by striking the figure $5.00 in line sixteen (16) of the first paragraph of said section and inserting in lieu thereof the figure $10.00 so as amended the first paragraph of said section 8 shall read as follows: Section 8. Be it further enacted, that all elections held under the provisions of this charter shall be superintended

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and managed by three freeholders of said town, all of whom must be duly qualified voters at such elections and each of said managers before entering on his duties as such shall take and subscribed on oath before some notary public or other officer qualified to administer oaths, that he will faithfully and impartially conduct said election, prevent all illegal voting, and honestly declare the result of said election to the best of his skill and power. The said manager shall be appointed by the Superior Court of Chatham County, Georgia, at least as far as practicable, in the appointment of said managers give representation to the contending factions of such election. The managers shall be paid for their services as such the sum of $10.00 each by the treasurer of the said Town of Pooler. Election managers. That Section 15 of said charter be amended by striking said Section 15 in its entirety and inserting in lieu thereof a new Section 15 which shall read as follows: Section 15. Be it further enacted that the recorder shall be paid a salary not to exceed $400.00 per annum, to be fixed by the town council by annual ordinance. The mayor shall be paid a salary not to exceed $600.00 per annum, to be fixed by the town council by annual ordinance. Each of the aldermen shall be paid a salary not to exceed $300.00 per annum, to be fixed by the town council by annual ordinance. Officers' compensation. That Section 17 of said charter be amended by striking said Section 17 in its entirety and inserting in lieu thereof a new Section 17 which shall read as follows: Section 17. Be it further enacted, that there shall be a mayor's court for the trial of all offenders against the laws and ordinances of the Town of Pooler. Such court shall be vested with all authority and jurisdiction now or hereafter conferred on mayor's court of municipalities. The mayor shall be the judge and in the absence or disqualification of the mayor, in his discretion, any alderman or the town attorney shall be the judge pro tem.

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The judge or judge pro tem. shall be the presiding officers. As such presiding officer said judge pro tem. shall be vested with all the right, authority and jurisdiction now or hereafter granted to and vested in said judge. Said court shall have the power to preserve order and compel the attendance of witnesses; to punish for contempt by imprisonment, not exceeding fifteen (15) days, or a fine, not exceeding twenty-five ($25.00) dollars, either, or both, in the discretion of the judge or judge pro tem. Said court shall sit at such time and place as may be fixed by ordinance, and shall have full power and authority to sentence offenders upon conviction to such punishment as may be prescribed by law and ordinance, but such punishment for each offense shall not exceed a fine of two hundred ($200.00) dollars or imprisonment not exceeding thirty (30) days in the county jail of Chatham County or of the Town of Pooler, or put such offender to labor upon the public works of Chatham County not exceeding thirty (30) days. Either of said penalties, or the fine provided and one of the thirty day sentences may be imposed, in the discretion of the judge or judge pro tem. Mayor's court. That Section 18 of said charter be amended by striking said Section 18 in its entirety and inserting in lieu thereof a new Section 18 which shall read as follows: Section 18. Be it further enacted that the mayor and each of the aldermen, and the town attorney shall be bound to keep the peace, and shall be ex officio justices of the peace, so as to enable them to issue warrants for violation of the criminal laws of the State committed in the Town of Pooler, and shall have full power, on examination, to commit the offenders to the jail of Chatham County, or to bail them if the offense is bailable, to appear before the court having jurisdiction. Arrests and warrants. That Section 37 of said charter be amended by striking the word mayor in line 7 of said section and inserting in lieu thereof the words judge or judge pro tem. so as amended said Section 37 shall read as follows:

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Section 37. Be it further enacted that any person who may be convicted before the mayor's court shall have the right to appeal from the judgment of said court to the council of the mayor and aldermen of the Town of Pooler. The mayor and aldermen in the Town of Pooler shall try all appeals de novo. and may, in its judgment, confirm the judgment of the judge or judge pro tem., reduce or increase the punishment, or discharge the defendant; provided, however, that the defendant shall not be discharged from custody until he shall have given a bond, to be fixed and approved by the court, conditioned to appear and abide the final judgment, sentence or decree in the case. Such bond shall be estreated in the manner provided by law for estreating certiorari bonds in police courts. Such appeals shall be made in writing and filed with the recorder within four (4) days after judgment rendered (Sundays and legal holidays excluded). Appeal from mayor's court. That Section 38 of said charter be amended by striking the words mayor or mayor pro tem. in line 8 of said section and inserting in lieu thereof the words judge or judge pro tem. so as amended said Section 38 shall read as follows: Section 38. Be it further enacted that any person who has been convicted in the said mayor's court and on appeal to the mayor and aldermen of the Town of Pooler, the conviction has been affirmed, such defendant may, by giving notice of an intention to certiorari, suspend the judgment and be released from custody at once, upon giving the usual certiorari bond with security in such sum as may be fixed by the judge or judge pro tem. for his appearance, provided, that the certiorari from the said mayor and aldermen shall be sued out within thirty days from the date of the judgment of the mayor and aldermen. No certiorari shall be sued out unless an appeal is taken before the mayor and aldermen as provided in the preceding section. Certiorari. Section 2. Be it enacted by the authority aforesaid that all laws, or parts of laws, in conflict herewith, be and the same are hereby repealed.

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Section 3. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publications of notice of intention to apply for the passage of this local legislation have been fully complied with. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Helen Pope who on oath deposes and says that she is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply for local legislation at the next regular session of the General Assembly of Georgia which meets on the Second Monday in January, 1956, to be entitled an Act to amend the charter of Pooler, Georgia, and the other Acts amendatory thereto incorporating and re-incorporating Pooler, Georgia; providing for the extension of the corporate limits of Pooler, Georgia, and re-defining the boundaries thereof; and providing for an increase in the registration fees for persons qualifying to run for the office of mayor, alderman or recorder; and providing for an increase in payments to managers in the management of elections; and providing for an increase in the salaries of the mayor, aldermen and recorder; and providing for the mayor to be judge of the mayor's court, and any alderman or the town attorney to be judge pro tem. of the mayor's court, increasing the jurisdiction of penalties as to fines and

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imprisonment for contempt, and increasing the maximum limitation on fines for persons convicted; and for other purposes. William M. Exley, Jr., Town Attorney, Pooler, Georgia. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of December 24-31, 1955, January 7, 1956. /s/ Helen Pope. Sworn to and subscribed before me this 7th day of January 1956. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal Affixed) Approved February 23, 1956. ATHENS WATER AND SEWER MAINS. No. 133 (House Bill No. 344). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to make it a misdemeanor for any person to tap into, open, or use any water or sewer main of The Mayor and Council of the City of Athens outside the corporate limits of The Mayor and Council of the City of Athens except in compliance with the ordinances, rules and regulations adopted by The Mayor and Council of the City of Athens governing such use. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows:

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Section 1. Any person who shall tap into, open, or use any water or sewer main belonging to The Mayor and Council of the City of Athens outside the corporate limits of The Mayor and Council of the City of Athens except in compliance with the ordinances, rules and regulations prescribed by The Mayor and Council of the City of Athens governing such tapping into, opening or use shall be guilty of a misdemeanor. Tapping water and sewer mains. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a request by The Mayor and Council of the City of Athens, intend to apply to the General Assembly of Georgia at the January, 1956, session thereof for the passage of a local bill making it a misdemeanor for any person to tap into, open or use any water or sewer main of the City of Athens outside the corporate limits of the City of Athens except in compliance with the ordinances, rules and regulations adopted by The Mayor and Council of the City of Athens governing such use. This 28th day of December, 1955. Robert G. Stephens, Jr., Chappelle Matthews, Representatives from Clarke County in the General Assembly of Georgia. d30-j6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the

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Athens Banner-Herald on December 30, 1955, January 6, 1956 and January 13, 1956. /s/ E. B. Braswell. Certified, sworn to and subscribed before me this 24th day of January, 1956. /s/ James Barrow Notary Public, Clarke County, Georgia. (Seal) Approved February 23, 1956. BAPTIST CHURCH AT BUCK HEAD CHARTER AMENDED. No. 134 (Senate Bill No. 41). An Act to amend an Act entitled An Act to incorporate the Baptist Church at Buck Head, in the county of Burke, assented to November 14, 1830, (Ga. L. 1830, p. 70), so as to provide that the Executive Committee of the Hephzibah Baptist Association shall be trustees of said church; to provide that such trustees shall be authorized to elect a trustee or trustees to take charge of the property of the Baptist Church at Buck Head; 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 incorporate the Baptist Church at Buck Head, in the county of Burke, assented to November 14, 1830 (Ga. L. 1830, p. 70), is hereby amended by striking from Section 1 the words, James H. T. Kilpatrick, Henry Gilstrap, James Shepherd, Stiring Brinson and Adam Brinson, and in lieu thereof inserting the words, the Executive Committee of the Hephzibah Baptist Association, and by adding after the word church in line 12 of Section 1 the words,

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and the Hephzibah Baptist Association, so that Section 1, as so amended, shall read: Section 1. Be it enacted by the Senate and the House of Representatives of the State of Georgia, in General Assembly met, and it is hereby enacted by the authority of the same, that the Executive Committee of the Hephzibah Baptist Association, and their successors in office be, and they are hereby declared to be a body corporate, by the name and style of the Trustees of the Baptist Church, at Buck Head, in the county of Burke, with power to hold any property, either real or personal, which may now belong to, or be hereafter acquired by the said church, whether by purchase, gift, or bequest with all the privileges and immunities thereunto, belonging for the use and benefit of the said church and the Hephzibah Baptist Association; and they are hereby declared capable of suing, and being sued, and of using all legal means, for defending, or recovering any property whatsoever, which they, the said trustees may hold, claim, or demand. Section 2. Said Act is further amended by striking Section 2 in its entirety. Section 3. Said Act is further amended by striking Section 3 in its entirety, and in lieu thereof inserting the following: Section 3. The trustees herein provided shall be authorized to elect a trustee or trustees to take charge of the property of the Baptist Church at Buck Head. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 23, 1956.

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NEWNAN CITY COURT JUDGE'S COMPENSATION. No. 135 (Senate Bill No. 132). An Act to amend an Act to establish a City Court of Newnan, to define its jurisdiction and powers, to provide for the appointment of the judges and other officers thereof, to define their powers and duties and for other purposes, approved October 5, 1887 (Ga. L. 1887, p. 692) and as amended by an Act approved November 7, 1889 (Ga. L. 1889, p. 1164) and amended by Act approved August 22, 1907 (Ga. L. 1907, p. 214) and as amended by Act approved August 14, 1908 (Ga. L. 1908, p. 201) and by Act approved August 16, 1916 (Ga. L. 1916, p. 285) and as amended by Act approved July 18, 1925, (Ga. L. 1925, p. 476) and as amended by Act approved February 8, 1950 (Ga. L. 1950, p. 2083) by striking as amended Section IV of said Act; and to fix the salary of the judge of said court at six thousand dollars per annum, to fix the time and payment and other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that the Act approved October 5, 1887 (Ga. L. 1887, p. 692) and as amended by an Act approved November 7, 1889 (Ga. L. 1889, p. 1164) and amended by Act approved August 22, 1907 (Ga. L. 1907, p. 214) and as amended by Act approved August 14, 1908 (Ga. L. 1908, p. 201) and by Act approved August 16, 1916 (Ga. L. 1916, p. 285) and as amended by Act approved July 18, 1925 (Ga. L. 1925, p. 476) and as amended by Act approved February 8, 1950 (Ga. L. 1950, p. 2083) be and the same is hereby amended by striking from said Act as amended Section IV as amended and substituting in lieu of said stricken section a new section to be known as Section IV, which shall read as follows: The Judge of said City Court of Newnan shall receive a salary of six thousand dollars per annum to be paid

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monthly out of the treasury of Coweta County upon the order of the board of commissioners of roads and revenues of said county; said judge shall receive no fees or perquisites. Section 2. Be it further enacted that the publisher's certificates as to the publication of the notices of intention to apply for this legislation in compliance with Article 3, Section 7, Paragraph 15 of the Constitution of Georgia, hereto attached is made a part of this Act. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 23, 1956. DOUGLAS CORPORATE LIMITS EXTENDED. No. 136 (House Bill No. 289). An Act to amend an Act creating a new charter and municipal government for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, and as amended particularly by an Act approved February 7, 1950 (Ga. L. 1950, p. 2031); so as to change the present city boundaries and corporate limits by the annexation of certain described areas adjacent to the present city limits; 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 and municipal government for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, and as amended particularly by an Act approved February

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7, 1950 (Ga. L. 1950, p. 2031), is hereby amended by extending and increasing the city limits, corporate limits and boundaries of the City of Douglas so as to include therein and annex thereto the following described property and area, which is now adjacent to the present city limits and boundaries of the City of Douglas, in the County of Coffee, State of Georgia, to wit: Beginning at a point on the west original line of lot of land No. 174 in the Sixth Land District of Coffee County, Georgia, 100 feet south 1 degree 15 minutes east of the northwest corner of said lot of land and running thence north 89 degrees 0 minutes east 791 feet; thence north 0 degrees 30 minutes west 1033 feet, across the north original line of said lot of land No. 174 and into lot of land No. 175; thence north 63 degrees 0 minutes east 1359.5 feet; thence south 0 degrees 30 minutes west 237.3 feet; thence south 89 degrees 0 minutes east 2460 feet to the west line of the right-of-way of U. S. Highway #441, also known as Georgia State Highway #31; thence south 4 degrees 20 minutes east along the west line of said right-of-way 1727 feet; thence south 3 degrees 10 minutes east along the west line of said right-of-way 900 feet; thence south 1 degree 40 minutes east along the west line of said right-of-way 1188 feet; thence south 89 degrees 41 minutes west 4606.2 feet to the west original line of said lot of land No. 174; and thence north 1 degree 15 minutes west along the west original line of said lot of land No. 174 a distance of 2767 feet to the point of beginning; also Description. All of that portion of the right of way of U. S. Highway #441 (from its east line to its west line) which extends from its intersection with the present corporate limits of the City of Douglas at Pine Street southward to the southeast corner of the aforesaid described land. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Notice is hereby given that the undersigned intend to apply to the General Assembly of Georgia at the 1956 session thereof for an amendment to the charter of the City of Douglas, and the several Acts amendatory thereof, adding to its area and bringing within the corporate limits thereof the following described area outside of and adjacent to the present corporate limits of the City of Douglas, Coffee County, Georgia: Beginning at a point on the west original line of lot land No. 174 in the Sixth Land District of Coffee County, Georgia, 100 feet south 1 degree 15 minutes east of the northwest corner of said lot of land and running thence north 89 degrees 0 minutes east 791 feet; thence north 0 degrees 30 minutes west 1033 feet, across the north original line of said lot of land No. 174 and into lot of land No. 175; thence north 63 degrees 0 minutes east 1359.5 feet; thence south 0 degrees 30 minutes west 237.3 feet; thence south 89 degrees 0 minutes east 2460 feet to the west line of the right-of-way of U. S. Highway #441, also known as Georgia State Highway #31; thence south 4 degrees 20 minutes east along the west line of said right-of-way 1727 feet; thence south 3 degrees 10 minutes east along the west line of said right-of-way 900 feet; thence south 1 degree 40 minutes east along the west line of said right-of-way 1188 feet; thence south 89 degrees 41 minutes west 4606.2 feet to the west original line of said lot of land No. 174; and thence north 1 degree 15 minutes west along the west original line of said lot of land No. 174 a distance of 2767 feet to the point of beginning; also All of that portion of the right-of-way of U. S. Highway #441 (from its east line to its west line) which extends from its intersection with the present corporate limits of the City of Douglas at Pine Street southward to the southeast corner of the aforesaid described land.

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This 14 day of December, 1955. Dewey Hayes, Andrew J. Tanner, Representatives from Coffee County in the General Assembly of Georgia. Georgia, Coffee County. Personally before the undersigned officer authorized to administer oaths appeared Andrew J. Tanner, who, on oath, says that he is a member of the General Assembly from Coffee County, Georgia, and is co-author of the local bill to which this affidavit is attached; and that notice of intention to apply for the legislation outlined in said bill has been published in the newspaper in which the sheriff's sales for Coffee County are advertised once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly, a copy of said notice being attached hereto and made a part of said bill; that said notice was published as provided by law. /s/ Andrew J. Tanner. Sworn to and subscribed before me, this 16 day of January, 1956. /s/ G. H. Mingledorff, Notary Public Georgia, State at Large. (Seal) Approved February 23, 1956.

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DOUGHERTY COUNTY TAX COMMISSIONER'S ASSISTANTS. No. 137 (House Bill No. 303). An Act to amend an Act consolidating the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2419), as amended by an Act approved March 4, 1955 (Ga. L. 1955, p. 2618) so as to change the compensation of the assistant to the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the office of Tax Receiver and the office of Tax Collector of Dougherty County into the one office of Tax Commissioner, approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2419 is hereby amended by striking Section 2 in its entirety and in lieu thereof inserting the following: Section 2. The tax commissioner is hereby authorized to employ a full time assistant at a salary of not more than three hundred fifty ($350.00) per month, and another full time assistant at a salary of not more than two hundred twenty-five ($225.00) per month, payable from the funds of Dougherty County. The tax commissioner, with the consent of the County Commissioners of Dougherty County, may employ such additional assistance as he deems necessary at a salary to be fixed by the tax commissioner, but the salary of any person so employed shall not exceed two hundred twenty-five ($225.00) per month, payable from the funds of Dougherty County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the undersigned will introduce

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at the 1956 session of the General Assembly of Georgia a bill to increase the compensation of the chief assistant of the Tax Commissioner of Dougherty County, and for other purposes. Jim Denson, G. Stuart Watson, Representatives, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and that an exact copy of the above notice was published in the Albany Herald on December 23 and 30, 1955, and January 4, 1956. This 25 day of January, 1956. /s/ James H. Gray James H. Gray Sworn to and subscribed before me, this 25 day of Jan., 1956. /s/ G. Stuart Watson Notary Public Dougherty County, Ga. Approved February 23, 1956. DOUGLAS CHARTER AMENDED. No. 142 (House Bill No. 293). An Act to amend an Act creating a new charter and municipal government for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, so as to change the method and procedure of passing and enacting ordinances, bylaws and resolutions

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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 and municipal government for the City of Douglas, approved December 20, 1899 (Ga. L. 1899, p. 177), as amended, is hereby amended by striking Section 25 of said Act, as amended, and inserting in lieu thereof a new Section 25 to read as follows: Section 25. That no ordinance of a public character shall be binding within the limits of said city on persons within the same, natural or artificial, unless and until the same shall be passed and notice thereof published in the following manner: Such proposed ordinance shall be offered and read in a regular, adjourned or specially called meeting of the board of commissioners of the City of Douglas; notice thereof shall be given by publishing the title of the ordinance in a newspaper in said city; and then read and adopted by said board of commissioners at a subsequent regular, adjourned or specially called meeting. Provided, however, that not less than seven days shall intervene between the first reading of said ordinance and its passage and adoption. Provided further that nothing herein contained shall be construed so as to prevent said board of commissioners from fixing or changing from time to time, by resolution, without notice and without a second reading, times of their meetings, all matters touching quarantine, all matters not of a public nature, and generally all other matters not specifically classified as ordinances. Ordinances. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that during the 1956 session of the General Assembly of Georgia the undersigned intend to introduce for passage a local bill, applicable only to

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the City of Douglas, amending the charter of the City of Douglas, and Acts amendatory thereof, so as to declare and define the manner of passing and adopting ordinances, bylaws and resolutions of said city. This 20th day of December, 1955. Dewey Hayes, Andrew J. Tanner, Representatives from Coffee County in the General Assembly of Georgia. Georgia, Coffee County. Personally before the undersigned officer authorized to administer oaths appeared Andrew J. Tanner, who, on oath, says that he is a member of the General Assembly from Coffee County, Georgia, and is co-author of the local bill to which this affidavit is attached; and that notice of intention to apply for the legislation outlined in said bill has been published in the newspaper in which the sheriff's sales for Coffee County are advertised once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly, a copy of said notice being attached hereto and made a part of said bill; that said notice was published as provided by law. /s/ Andrew J. Tanner. Sworn to and subscribed before me, this 16 day of January, 1956. /s/ G. H. Mingledorff, Notary Public, Ga. State at Large. (Seal). Approved February 23, 1956.

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GRIFFINSTREET CLOSING No. 143 (House Bill No. 250). An Act to repeal an Act authorizing the city commissioners of the City of Griffin to close and vacate a portion of a certain street in the City of Griffin, approved March 4, 1955 (Ga. L. 1955, p. 2604); 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 authorize the city commissioners of the City of Griffin to close and vacate that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street; to provide that the city commissioners of the City of Griffin may reopen that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street, without the necessity of obtaining the consent of the said railway company, or of condemnation proceedings; to provide an effective date; to repeal conflicting laws; and for other purposes, approved March 4, 1955 (Ga. L. 1955, p. 2604), is hereby repealed in its entirety. North First Street. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal10405. Notice of Intent to Apply for Local Legislation. Notice is hereby given that a bill will be introduced in the January 1956, session of the General Assembly of Georgia to repeal in its entirety an Act of the General Assembly (Ga. L. 1955, pp. 2604-2606) which said Act empowered the city commissioners of the City of Griffin

Page 2499

to close and vacate that portion of North First Street extending northerly from the north property line of East Broad Street through the freight yards of the Central of Georgia Railway Company to the south property line of East Broadway Street, which said Act also empowered the city commissioners to re-open said street at any time and provided an effective date of March 1, 1956, and for other purposes. This the 28th day of December, 1955. Frank P. Lindsey, Jr., Arthur K. Bolton, Representatives Georgia General Assembly, Spalding County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Frank P. Lindsey, Jr., who, on oath, depose and says that they are Representatives from Spalding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: December 30, 1955, and January 3 and January 10, 1956. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr., Representatives, Spalding County. Sworn to and subscribed before me this 23 day of January 1956. /s/ E. G. Harper Notary Public, Spalding County, Georgia. Approved February 23, 1956.

Page 2500

GWINNETT COUNTY COMMISSIONERSAMENDMENTS. No. 144 (House Bill No. 211). An Act to amend An Act to create a board of county commissioners for Gwinett County, and to prescribe and define the powers and duties thereof approved August 16, 1915, contained in Georgia Laws 1915, beginning at page 244, and all Acts amendatory thereof, by providing for the marking of all county vehicles, including tractors, trailers, and passenger cars so as to designate the same as county property, by providing for annual audits of the fiscal affairs of said county, and by providing for sealed bids on purchases of all materials and equipment and for construction work done by contract, other than with the State Highway Department, when said purchases and construction work shall be in excess of $800.00, and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted that from and after the passage of this Act the board of county commissioners are hereby required to have printed with paint of a different color to that on any vehicle hereinafter mentioned, by painting on the rear and each side of all county vehicles and road machinery of said county, including tractors, trailers and passenger cars, with letters not less than four inches high and of sufficient width to be legible a reasonable distance, the words Property of Gwinnett County. County vehicles and machinery. Section 2. Be it further enacted that from and after the passage of this Act, and beginning at the end of the fiscal year 1956 of the county's fiscal affairs, the board of county commissioners of said county is hereby required to have an annual audit of the affairs of said county and of each office of said county handling county funds by collection, paying out or keeping as custodian thereof,

Page 2501

any of such funds, said audit to be made by a certified public accountant, to be employed by said board, which accountant's fees or compensation shall be paid by the said board out of county funds. Audits. Section 3. Be it further enacted that, from and after the passage of this Act, it shall be the duty of the county commissioners of said county to obtain sealed bids on all materials and equipment to be purchased for or by said county, and on all contracts for construction work for said county, except with the State Highway Department, where the amount involved exceeds the sum of $800.00 and to purchase said materials and equipment, in such cases, from the lowest responsible bidder and to award such construction contracts to the lowest responsible bidder in such cases, and failure to comply with the provision of this section shall be unlawful and punishable as for a misdemeanor. Purchases. Section 4. Be it further enacted that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Georgia, Gwinnett County. In person before the undersigned attesting officer, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is the publisher of the News-Herald, a newspaper published in said county in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald on the following dates, to wit: December 14, 1955; December 21, 1955; and December 28, 1955. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 16th day of January, 1956. (Seal) /s/ Jones Webb

Page 2502

Notice of Proposed Legislation. Notice is hereby given that at the January 1956 session of the General Assembly of Georgia there will be introduced a bill to be entitled: An Act to amend An Act to create a board of county commissioners for Gwinnett County, and to prescribe and define the powers and duties thereof, approved August 16, 1915, contained in Georgia Laws 1915, beginning at page 244, and all Acts amendatory thereof, by adding new provisions to said bill; to provide for an annual audit of the various departments of county affairs by reputable certified public accountants; to provide that all purchases of materials and equipment, and construction work done by contract of said county with other parties than the State Highway Department in excess of $500.00 be let by sealed bids to the lowest responsible bidder after proper advertisement; to provide for the marking of motor vehicles and equipment of said county, and for other purposes. This December 14, 1955. P. V. Kelley, Representative, Gwinnett County, Georgia. 8-3t-c Approved February 23, 1956. GWINNETT COUNTYTAX COMMISSIONER AND TREASURER. No. 145 (House Bill No. 213). An Act to consolidate the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner of Gwinnett County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for the term of office; to provide for the method

Page 2503

of filling vacancies; to make provisions relative to taxes and tax fi. fas.; to provide for compensation; to provide for an office; to provide that the tax commissioner shall not be required to make rounds for the purpose of receiving or collecting taxes; to abolish the office of county treasurer; to provide that the funds of said treasurer shall be placed with the commissioner of roads and revenues; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1961, the offices of Tax Receiver and Tax Collector of Gwinnett County are hereby consolidated and combined into the one office of Tax Commissioner of Gwinnett County. The rights, duties and liabilities of said office of tax commissioner shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Tax commissioner. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election for other county officers in Gwinnett County is held in 1960, and the person so elected shall take office on January 1, 1961, for a term of four (4) years and until his successor is elected and qualified. Likewise, all future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall likewise have a term of office of four (4) years and until their successors are elected and qualified. Through December 31, 1960, the Tax Receiver and the Tax Collector of Gwinnett County shall continue in office. Should any vacancy occur in the office of tax commissioner, the vacancy shall be filled as vacancies are filled in the office of tax collector. Election, term. Section 3. All taxes due and payable at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. theretofore issued

Page 2504

shall have full force and effect and be collectible as issued. Section 4. The tax commissioner shall be compensated in the amount of $10,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County. All fees, commissions, costs or any other perquisites collected by the tax commissioner shall be the property of Gwinnett County, and shall be turned over to the fiscal authority of said county with a detailed, itemized statement of the services for which such fees were collected. Compensation. Section 5. The tax commissioner shall be furnished an office in the Gwinnett County courthouse, and shall keep said office open for the transaction of business as do other county officers. The tax commissioner shall not be required to leave his office or make rounds for the purpose of receiving returns or collecting taxes. Office. Section 6. The tax commissioner, before entering upon the duties of his office, shall take the oath prescribed by law for the tax collector, and shall give bond as provided by law for the tax collector. Oath, bond. Section 7. Effective January 1, 1961, the office of County Treasurer of Gwinnett County shall be abolished, and all of the funds held by said county treasurer shall be placed with the Commissioner of Roads and Revenues of Gwinnett County. Treasurer. Section 8. At the next general election of the county officers of Gwinnett County, it shall be the duty of the Ordinary of Gwinnett County to submit this Act to the voters of Gwinnett County for approval or rejection. The ordinary shall cause to be published in the official organ of Gwinnett County, once a week for two weeks immediately preceding the date of said election, a description of this Act, together with a statement that said Act is to be submitted to the voters of Gwinnett County for approval or rejection at the next general election. The ballot

Page 2505

shall have printed thereon the words: For approval of the Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner of Gwinnett County, effective January 1, 1961, and abolishing the office of County Treasurer of Gwinnett County, effective January 1, 1961. Against approval of the Act consolidating the offices of Tax Receiver and Tax Collector of Gwinnett County into the office of Tax Commissioner of Gwinnett County, effective January 1, 1961, and abolishing the office of County Treasurer of Gwinnett County, effective January 1, 1961. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall, on January 1, 1961, become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Gwinnett County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Gwinnett County. In person before the undersigned attesting officer, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is the publisher of the News-Herald, a newspaper published in said county in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald,

Page 2506

on the following dates to wit: December 12, 1955; December 21, 1955; December 28, 1955. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 16th day of January, 1956. /s/ Jones Webb. (Seal affixed) Legal Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned representatives of Gwinnett County, Georgia, will introduce a bill in the General Assembly of Georgia at the January session, 1956, providing for compensation of the Sheriff of Gwinnett County, Georgia, the Clerk of the Superior Court of Gwinnett County, Georgia, the Clerk of the City Court of Gwinnett County, Georgia, and the Ordinary of Gwinnett County, Georgia, providing for a salary system of compensation; to provide for assistant personnel for said officers and their compensation; to provide for expenses in operating said offices; to provide that all fees and other income of said offices shall be collected for and paid to Gwinnett County; to abolish the office of county treasurer; to provide for a county depository; to combine and consolidate the offices of tax receiver and tax collector into the office of tax commissioner; to provide for the salary of the office of tax commissioner; to provide that the Act shall go into effect January 1, 1957; to repeal conflicting laws; and for other purposes. This the 12th day of December, 1955. Paul V. Kelley. W. L. (Bill) Kilgore. 8-3t-c Approved February 23, 1956.

Page 2507

COVINGTON CORPORATE LIMITS. No. 146 (House Bill No. 222). An Act to amend an Act providing a new charter for the City of Covington, approved August 16, 1918 (Ga. L. 1918, p. 630), as amended, so as to change the corporate limits of the City of Covington; 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 Covington, approved August 16, 1918 (Ga. L. 1918, p. 630), as amended, is hereby amended by striking from Section 1 the words: The corporate limits of said City of Covington shall extend for one mile in each direction from the Newton county courthouse. and inserting in lieu thereof the words: The corporate limits of the City of Covington shall extend for a radius of one and three-quarter miles from the center of the Confederate Monument in the public square of the City of Covington, except that portion in said radius incorporated in the Town of Oxford. so that Section 1 as so amended shall read: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the inhabitants of that territory now embraced in and known as the City of Covington, located in the County of Newton, State of Georgia, be and they are hereby incorporated under the name of the City of Covington, and by that name shall be and are hereby invested with all the rights, powers and privileges incident to municipal corporations in this State, and all the rights, powers titles, property, easements and hereditaments now belonging or in anywise appertaining to said City of Covington as heretofore incorporated, shall be and are hereby vested in the City of Covington, created by this Act, and the said City of Covington created by this Act may sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal, make and enact, through its mayor and councilmen such ordinances, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city as the said mayor and council may seem best, and not inconsistent with the laws of the State of Georgia and of the United States, and the said City of Covington shall be capable in law to purchase, hold, receive, enjoy, possess and retain in perpetuity, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of what kind or nature soever, within or without the limits of said city, for corporate purposes, and to sell, alien, exchange or lease them, or any part thereof, or convey the same or any part thereof. Said City of Covington created by this Act is hereby made responsible as a corporate body for the legal debts, liabilities and undertakings of said City of Covington heretofore incorporated. The corporate limits of the City of Covington shall extend for a radius of one and three-quarter miles from the center of the Confederate Monument in the public square of the City of Covington, except that portion in said radius incorporated in the Town of Oxford. Limits.

Page 2508

Section 2. Not less than thirty (30) days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Newton County to issue the call for an election for the purpose of submitting this Act to the voters residing in the three-quarter mile radius proposed to be included with the corporate limits of the City of Covington of Newton County for approval or rejection. The date of the election shall be May 1, 1956. The ordinary shall cause the date and purpose of the election to be published for once a week for two weeks immediately preceding the date thereof in the official organ of Newton County. The ballot shall have printed thereon the words: For the approval of the Act to change the corporate limits of the City of Covington. Against the

Page 2509

approval of the Act to change the corporate limits of the City of Covington. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect as of July 1, 1956. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Newton County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the mayor of the City of Covington and to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to extend the corporate limits of said city from the present one-mile radius from center of Confederate Monument in city public square to a radius of one and three-quarter miles from same center except that portion already chartered to Town of Oxford, Ga. This bill to provide for a referendum and for other purposes. This December 14th, 1955. W. C. Ivey, Representative Newton County. Georgia, Newton County. Personally appeared before the undersigned officer

Page 2510

duly authorized to administer oaths Belmont Dennis who being duly sworn deposes on oath and says: That the notice to which this affidavit is attached, was published in the Covington News, a newspaper of general circulation and in which the sheriff's advertisements are published and the official organ of Newton County, for three weeks during a period of sixty days immediately preceding the 1956 session of the General Assembly of Georgia, to wit: On December 15th, Dec. 22nd, and December 29th, 1955 issues of said paper. /s/ Belmont Dennis, Editor Publisher of Covington News Sworn to and subscribed before me, on this the 29th day of December, 1955. /s/ Arthur Henderson, Sr., Notary Public, Newton County, Ga. My commission expires August 6, 1958. (Seal) Approved February 23, 1956. WARNER ROBINS CHARTER AMENDED. No. 147 (House Bill No. 308). An Act to amend an Act creating and establishing a charter for the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, so as to provide for a governing authority of a mayor and six councilmen; to provide for the establishment of wards in said municipality; to provide for a referendum relative to this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a charter

Page 2511

for the City of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, is hereby amended by striking Section 3 of said Act in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The governing authority of said municipality shall continue to consist of a mayor and four (4) councilmen until the first Monday in December 1956. That on and after the first Monday in December, 1956, the governing authority of said municipality shall consist of a mayor and six (6) councilmen, whose salaries shall be at the rate of five thousand two hundred ($5,200.00) dollars per year for the mayor and six hundred ($600.00) dollars per year for each councilman with all of said salaries payable monthly. Mayor and council. Section 2. Said Act is further amended by adding thereto a new section designated as Section 5 to read as follows: Section 5 (a). The municipality is hereby divided into four (4) wards as follows: (a) Northeasterly Ward to be bounded northerly by the northerly limits of said municipality as said limits now or may hereafter exist; southerly by Watson Boulevard; easterly by the easterly limits of said municipality as said limits now or may hereafter exist and westerly by Davis Drive. (b) Southeasterly Ward to be bounded northerly by Watson Boulevard; southerly by the southerly limits of said municipality as said limits now or may hereafter exist; easterly by the easterly limits of said municipality as said limits now or may hereafter exist, and westerly by Feagin Mill Road also known as South Davis Drive. Wards. (c) Northwesterly Ward to be bounded northerly by the northerly limits of said municipality as said limits now or may hereafter exist; southerly by Watson Boulevard; easterly by Davis Drive and westerly by the westerly

Page 2512

limits of said municipality as said limits now or may hereafter exist. (d) Southwesterly Ward to be bounded northerly by Watson Boulevard; southerly by the southerly limits of said municipality as said limits now or may hereafter exist; easterly by Feagin Mill Road and westerly by the westerly limits of said municipality as said limits now or may hereafter exist. Section 3. Said Act is further amended by striking the third or final paragraph in its entirety from Section 5 thereof and inserting in lieu thereof a new paragraph to read as follows: An election for mayor and six (6) councilmen shall be held on the Tuesday after the first Monday in November, 1956, and every four (4) years thereafter on the same day, and the hours for voting shall be as prescribed by the mayor and council, announced at least ten (10) days before the holding of such election. The mayor and councilmen hereafter elected shall serve in their respective offices until their successors are elected and qualified. The present elected officials of said municipality shall continue in office until their present terms expire and until their successors are elected and qualified. Election of mayor and council. In the November, 1956, election and all elections thereafter only one person, who runs as a ward candidate, shall be elected from each of said wards it being also required that a ward candidate shall reside in his ward at least three (3) months prior to the date of the holding of the election and the ward candidate who receives the greater number of city-wide votes shall be elected from the ward in which he resides and qualifies. In addition to the election of said four (4) ward councilmen there shall be two (2) additional councilmen elected who may reside any place in said city and run at-large and the one who runs from the city-at-large

Page 2513

who receives the greater number of votes shall be the mayor pro tem. as well as a regular councilman and the one receiving the next highest vote shall be a regular councilman. The mayor and councilmen shall take office on the first Monday in December following their election after taking oath, before a Judge of the Superior Court of Houston County, to faithfully perform the duties of their offices. Section 4. Within sixty (60) days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of Warner Robins to issue the call for an election for the purpose of submitting this Act to the voters of Warner Robins for approval or rejection. The mayor and council shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Warner Robins, Georgia. The ballot shall have printed thereon the following: For approval of the Act providing for a governing authority of a mayor and six (6) councilmen for the City of Warner Robins and providing for the establishment of wards in said city. Against approval of the Act providing for a governing authority of a mayor and six (6) councilmen for the City of Warner Robins and providing for the establishment of wards in said city. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Houston County. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor

Page 2514

and council to canvass the returns and declare and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, local legislation to amend an Act titled An Act to create and incorporate a new municipality in Houston County, Georgia, to be known as Warner Robins; to provide a charter for and to declare the rights, powers and privileges of said municipality, and its officers; and for other purposes. An Act approved March 5, 1943, and all Acts amendatory thereof. And for other purposes. John W. Bloodworth, Houston County Representative. Georgia, Houston County. Personally appeared before the undersigned Cooper Etheridge, who on oath says that he is editor of the Houston Home Journal a newspaper published in Houston County, Georgia, in which the sheriff's advertisements were published during 1956 to date and that the foregoing notice of local legislation was published in said newspaper on January 5, 12 and 19, 1956. This the 21 day of January, 1956. /s/ Cooper Etheridge. Cooper Etheridge, Editor, Houston Home Journal Perry, Georgia. Sworn to and subscribed before me, this 21 day of January, 1956. /s/ Tommie S. Hunt, Clerk S. C. Ho. Co. Ga. Approved February 23, 1956.

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DAWSON CHARTER AMENDED. No. 148 (House Bill No. 273). An Act to amend the charter of the City of Dawson, Georgia, so as to authorize the city council of Dawson (a) to fix the salaries and compensation for its officers and employees; and (b) to levy ad valorem taxes for ordinary operating expenses not in excess of fifteen (15) mills on the dollar; and (c) to name a water, light and gas commission of not less than three (3) nor more than five (5) members, and define their duties and fix their compensation; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. Section Two (2) of the charter of the City of Dawson, Georgia, approved August 7th, 1909, be, and the same is hereby, amended by striking from said section, the following: They shall elect a clerk of the city council of Dawson who shall be ex officio tax collector of the City of Dawson, which said officer shall receive a salary of $1,000.00 per annum; also, a city treasurer, who shall receive a salary of $100.00 per annum; also a city attorney, who shall receive a salary of $250.00 per annum. No other compensation or emolument whatever shall be paid the officers aforesaid except as above stated, and substituting in lieu of the above stricken portion of said section, the following: They shall elect a clerk of the city council of Dawson, who shall be ex officio tax collector of said city; also a city treasurer and a city attorney, and shall fix and provide for the compensation of the officers so elected. Officers. Section 2. Section Eleven (11) of said charter be amended by striking from said section Subparagraph (a) thereof, which is as follows: It shall have the power and authority to levy and collect such taxes for ordinary

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and extraordinary expenses upon the property within said city as is now allowed by the laws of the State of Georgia, and under the same rules and regulations as provided by this charter. and substituting in lieu of said stricken subparagraph, to be known as Paragraph 11 (a) of said charter, the following: Taxes. The city council of Dawson, Georgia, shall have the power and authority to levy and collect such taxes for the ordinary current expenses of said city not in excess of fifteen (15) mills on the dollar upon the assessed values of all taxable properties in said city. Section 3. The said charter of the City of Dawson, Georgia, is further amended by adding thereto the following: The mayor of the City of Dawson, Georgia, by and with the consent of the city council, is hereby authorized to name and appoint a board of not less than three nor more than five members, to be known as the Water, Light and Gas Commission of the City of Dawson. The members of said board shall be residents and citizens of the City of Dawson. The terms of office for said members shall be for five years, except that the members of the board first appointed shall be for such terms as will make the term of one member only expire during any one year, and the mayor in making the first appointment shall designate the expiration date of the term of office for each member thus appointed, and after the first appointment the members thereafter appointed shall be for a term of five years. The members shall serve until their successors are appointed. The city council of Dawson shall have the power and authority to define the duties of said board, and fix and provide for the compensation of the members thereof. The mayor of the City of Dawson from time to time and by virtue of his office shall be ex officio a member of said board. No person shall be appointed to serve on said board who is a councilman of the City of Dawson. Water, light and gas commission. Section 4. All laws and parts of laws in conflict with

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this Act, be, and the same are hereby repealed. This Act shall be effective from and after the date of its adoption. Section 5. Notice of intention to apply for the passage of the foregoing local bill was published in the newspaper in which the sheriff's advertisements for Terrell County, Georgia, are published, namely the Dawson News, once a week for three weeks during the period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this Act is a copy of said notice certified by the publisher of said paper. Notice of Local Legislation. There will be introduced at the session of the General Assembly of Georgia, which convenes in January, 1956, a local bill affecting the City of Dawson, Georgia, the caption of which is as follows: A bill entitled, An Act to amend the charter of the City of Dawson, Georgia so as to authorize the city council of Dawson (a) to fix the salaries and compensation of its officers and employees; and (b) to levy ad valorem taxes for ordinary operating expenses, not in excess of 15 mills on the dollar; and (c) to name a water, light and gas commission, of not less than three, nor more than five members, and define their duties and fix their compensation, and for other purposes. City Council of Dawson, Georgia. By R. R. Jones, City Attorney. Georgia, Terrell County. I, Carl Rountree, editor and publisher of the Dawson News, the newspaper published in Dawson, Terrell County, Georgia, in which the sheriff's advertisements for said county are published, do hereby certify that the foregoing notice of local legislation was published in said newspaper in the issues of January 5th, 12th and 19th, 1956.

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Signed and certified this January 20th, 1956. /s/ Carl Rountree, Editor and Publisher of the Dawson News, Dawson, Georgia. Approved February 23, 1956. MOUNTAIN VIEW CHARTER. No. 150 (House Bill No. 287). An Act to create and incorporate the City of Mountain View, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for a referendum before this Act becomes effective; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the City of Mountain View, in Clayton County, be and the same is hereby incorporated as a

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city under the name and style of the City of Mountain View. Incorporation. Section 2. The corporate limits of said city shall include all of that area contained in Land Lots 12, 13, 20 and 21 and that portion of Land Lots 11 and 22 that lies east of the center line of Mud Creek, that lies in the 13th District of Clayton County, Georgia. Corporate limits. Section 3. That the municipal government of said city shall be vested in a mayor and four (4) councilmen, who are hereby constituted a body corporate under the name and style of the City of Mountain View; and by that name and style shall have perpetual succession; shall be capable of contracting, buying and holding property, suing and being sued; shall have all the incidental rights usually conferred upon municipalities and all the rights hereinafter conferred. Upon the approval of this Act as hereinafter provided, an election shall be called for the election of a mayor and council, who shall hold their office until their successors are elected and qualified, the mayor and one councilman being elected for a term expiring January 1, 1957, and three councilmen elected for a term expiring January 1, 1958, after which said officers shall be elected for a term of two years, and until their successors are elected and qualified. On the first Saturday in December of each year beginning in 1956 there shall be an election held for the election offices expiring on January 1st immediately following. Said election to be held at some public place designated by the mayor and council of said city and shall be held between the hours of 1 and 8 o'clock P. M., and shall be conducted by three persons who are registered voters and reside in said city, said persons to be named by said mayor and council. Said election shall otherwise be conducted as are elections for members of the General Assembly of Georgia. The mayor and council shall have the authority to adopt the necessary ordinances providing for the rules and regulations to govern the holding of all elections, governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected therewith. Corporate powers. Mayor and council. Elections.

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Section 4. The mayor and councilmen shall each take and subscribe the following oath in their minute book: I do swear that I will faithfully and impartially administer the laws of the City of Mountain View to the best of my skill and ability. Their oath. Section 5. Said mayor and council shall hold monthly meetings and any call meetings, when so desired to conduct the government of the city. They shall have authority to enact any ordinance or laws for the government of the city permitted by this charter in the following manner: Any proposed law or ordinance shall be submitted in written form to the mayor and council at a regular meeting, at which time it shall be read. At the next regular meeting it shall again be read and voted upon, a majority vote of said mayor and council being required to pass such a law or ordinance. The mayor shall vote on all laws and ordinances and upon their passage they shall be recorded in the minute book of said city. The mayor and three councilmen shall constitute a quorum to transact other business for said city; and in the absence of the mayor such other business may be transacted by four councilmen, they designating one of their number as mayor pro tem. Ordinances. Section 6. Said mayor and council shall have the authority to define offenses against the government of the city; to prescribe penalties, and provide for the enforcement of its laws; to elect a marshal and such other employees as may be needed, to fix their salaries and require them to give such bond as they may deem proper for the faithful performance of their duties. Said marshal shall be elected annually at the first meeting of the council each year, and he and such other employees as may be elected shall hold their office at the pleasure of the council; said marshal shall arrest all persons violating laws of said city, with or without warrant or summons and bring them before the mayor for trial. He shall be the ministerial officer of the mayor's court and shall enforce its sentences and collect its fines. He shall enforce all the laws of said city and orders of the mayor and council. Marshal.

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Section 7. Said mayor and council shall have the right to require a license to conduct any and/or all types and kinds of business or business in said city, and set the cost and/or fee for such license; but no ad valorem tax shall ever be levied until such taxation has been approved by the majority of voters residing in said city, who are qualified and properly registered to vote in Clayton County elections, at a referendum called for that purpose. If such ad valorem tax is voted, the mayor and council are hereby authorized to set up the necessary method for making tax returns, issuing fi. fas., collecting such fi. fas. by selling real or personal property to satisfy the same, and authorizing the marshal to make and execute deeds of title to the purchaser of such property at such tax sale. All of such sales shall be held in the first Tuesday in each month, between the hours of 10:00 A. M. and 4:00 P. M. at the place of holding the elections for said city. Personal property may be sold by advertising the same by posting three notices in said city 10 days before such sale, and real property may be sold after advertising the same for four weeks in a newspaper published in said county. Taxation. Section 8. At the first meeting of the mayor and council in each year they shall determine what licenses are to be issued and the cost thereof, and if an ad valorem tax levy has been authorized, they shall order all property in said city to be returned for taxation, and the returns entered in a return book kept for this purpose, and all property in the said city limits shall be taxable that year. All fines, license, fees, taxes and other city funds shall be deposited and held by the mayor, subject to orders of the council. He shall give a bond to the city council in the sum of $1,000.00 for the faithful performance of his duties. This authority to receive and disburse funds may be delegated, by a majority vote of said mayor and council, to any one who is qualified to hold office in the city under this charter, or this authority may be delegated by said mayor and council by a majority vote of that body, to any one who is a registered voter as described hereinabove. City funds.

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Section 9. The mayor shall hear and try all cases against persons charged with violations of the laws of said city and upon conviction may impose a fine not to exceed fifty ($50.00) dollars or in lieu thereof, imprisonment at labor on the streets or public works not exceeding 25 days, or both, at his discretion. If the mayor is disqualified the council shall elect a mayor pro tem., to serve in his place. Anyone dissatisfied with the mayor's decision may appeal to the council and be tried by them and their decision shall be final. Mayor's court. Section 10. The mayor and council shall have the authority to construct waterworks and sewers, paying for them out of the public funds of the city or by charges for the use of such privileges. They shall have the authority to enact reasonable sanitary regulations and to enforce the same. Said mayor and council shall also have full power and authority to grant franchises over, under and upon its streets, alleys, lanes, sidewalks, parks, and other public places to any person, firm or corporation for the furnishing of water, telephones, electric lights and power, gas and sewerage or any of them to the city and its residents; and to make such contracts with such persons, firms or corporation for the furnishing of water, electric lights and power, gas and sewerage or any of them as the mayor and council may deem proper. Utilities. Section 11. The mayor's and councilmen's salaries shall be fixed annually and shall be paid out of the public funds of the city, if any, and all other legal or necessary expenses of the government of said city, not otherwise provided for, shall likewise be paid. In case there is a vacancy in the office of mayor or council, the council shall have the right to elect a successor to said mayor or councilman who shall serve until the next election. Salaries of said mayor and council shall be fixed by a majority vote of said council. Compensation of mayor and council. Section 12. The mayor and council shall have the authority to pass regulations and ordinances for the general protection and welfare of said city, and such other rights

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and privileges as are usually granted such municipalities. Section 13. The Ordinary of Clayton County, Georgia, is hereby authorized and directed upon the approval of this Act to call an election and supervise the same, on or before June 1, 1956, and submit to the registered and qualified voters residing in said city limits, by referendum the following proposal: For: The incorporation of the City of Mountain View. Against: The incorporation of the City of Mountain View. Said ordinary shall provide ballots and hold said election under such rules and regulations as he may deem proper, and if a majority of those voting favor the said incorporation, then in that event this charter shall be of full force and effect immediately, and in event of such adoption it shall be the duty of the said ordinary to call another election within 60 days for the election of a mayor and council who shall hold office as hereinbefore provided. Any person qualified to vote in the last general election and who resides within the city limits, or proposed city limits shall have the right to vote in either or both elections. D. P. Spiker, J. A. Waller, D. C. Corbett, and V. L. Crow are herein named as a board of registrars to assist the ordinary in preparing a voters' list for holding the first election herein mentioned and all whose names appear on the said voters' list shall be eligible to vote for said mayor and council provided they register in a book provided by said registrars at least 30 days before the election for the first mayor and council is held. Referendum. Section 14. The elections referred to in the preceding paragraph shall be held and paid for in the same manner as if said ordinary was calling a special election for county matters. Elections. Section 15. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Clayton County. I, Jack Troy, do hereby certify that I am the editor of the Forest Park Free Press and Clayton County News and Farmer, the official organ of Clayton County and that the foregoing legislation was advertised in my paper on the following dates: January 5, January 12, and January 19, 1956, as provided by law. This the 20th day of January, 1956. /s/ Jack Troy, Editor The Forest Park Free Press and Clayton County News and Farmer. Subscribed and sworn to before me, this 20 day of January, 1956. /s/ Douglas L. Harper, Notary Public, Georgia, State at Large. My commission expires Aug. 16, 1959. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will apply to the 1956 regular session of the General Assembly of Georgia for passage of local legislation entitled, An Act to create and incorporate the City of Mountain View, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city by referendum to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police power of said city; to declare and define the duties and powers of the

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officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for referendum before this Act becomes effective; and for other purposes. Amendments germane to said legislation may be offered and adopted as provided by law. This 31st day of December, 1955. D. P. Spiker. J. A. Waller. D. C. Corbett. V. L. Crow. Approved February 23, 1956. COLUMBUSWATER COMMISSIONERS. No. 152 (House Bill No. 238). An Act amending the charter of the City of Columbus, Georgia; providing for the supervision, control and management of all of the facilities of said city for the collection, treatment and disposal of sanitary sewerage by the board of water commissioners of said city; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the charter of the City of Columbus, Georgia, as said charter has been heretofore amended by that certain Act of the General Assembly of Georgia approved December 3rd, 1902, (Ga. L. 1902, pp. 370-377), entitled An Act to amend the charter of the City of Columbus, in Muscogee County, and the several Acts amendatory thereof, so as to confer power and authority

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upon said city to construct, maintain, own and operate a system of waterworks, together with the necessary sites, ways, structures, canals, reservoirs for conveying and containing water, and the laying of pipes, conduits and mains into and through said city, and the use of any stream or streams of water which may be deemed necessary and appropriate for that purpose, and to cross or lay along any street or highways such pipes and mains, and appropriate and occupy the same, or any part thereof; to condemn and appropriate private property upon which to locate its works and to lay its pipes and mains, and to acquire and own property, real and personal, for same, both within the corporate limits of said city or anywhere else, and to have the power and authority generally to do and perform all things necessary to carry into effect the objects and purposes of this Act; and to provide for the selection and establishment of a commission to be known as the `Board of Water Commissioners' to whom shall be delegated the supervision and control of the construction, management and operation of said waterworks system, and to define the powers, authority and duties of said commission, and for other purposes, as said Act of 1902 was continued in force by Section 3 (8) of that certain Act of the General Assembly of Georgia approved August 5, 1921 (Ga. L. 1921, pp. 800-850) entitled An Act to amend the charter of the City of Columbus; to abolish the offices of mayor and board of aldermen and certain other offices in said city; to provide for a form of government in said city composed of commissioners and a city manager, and to declare the rights and powers of said government; to amend or repeal such sections of the charter as may be deemed necessary to carry into effect the said commissioner-city manager form of government; to provide the means by which legislation for said city may be initiated by the voters of the city and referred to them for approval or rejection; to provide for a submission of this Act to a vote of the electors of said city for their approval or rejection, and for other purposes, be and it is hereby, further amended by adding to the aforesaid Act of 1902, as so continued in force by the aforesaid Act of 1921, the following additional

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section to be known as Section 20 and to read as follows: Sec. 20. Said board of water commissioners of the City of Columbus, subject to the limitations, conditions and provisions of this Act of 1902 relating to said board, shall have the sole and exclusive jurisdiction of the sewerage system of said city, both within and without the corporate limits of said city; shall have the authority and responsibility for maintaining, improving and operating said system; and, in addition to the authority with reference to sewers and sewage disposal conferred upon said city by the aforesaid Act of the General Assembly of Georgia approved August 5, 1921 (Ga. L. 1921, pp. 800-850) amending the charter of said city, said board of water commissioners shall have the same authority and powers, so far as the same may be applicable or pertinent, with regard to said sewerage system and sewage disposal facilities of said city, both within and without the corporate limits of said city, as this Act of 1902 confers upon said city and said board of water commissioners with regard to the water system, including but not limited to the right to establish and charge reasonable and just sewer rates or charges, the power to condemn property necessary for the maintenance, extension or expansion of said sewerage system, and the power and authority, in case prompt payment of sewer rates or charges is not made in advance, to shut off, discontinue and withhold sewer service until payment is made. Said board of water commissioners shall have the supervision, control and management of all of the facilities of said city, both within and without the corporate limits of said city, for the collection, treatment and disposal of sanitary sewerage. The board of water commissioners shall have the right to combine and operate as one undertaking the water and sewerage systems of said city, and to charge either separately for the water and sewerage services or collectively for such services, and the said City of Columbus is hereby authorized to issue from time to time water and sewerage revenue anticipation certificates payable both principal and interest from the revenues derived from the operation of such combined system. Water commissioners.

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Section 2. That, if any section, paragraph, sentence, subparagraph, clause or phrase of this Act, or the application thereof to any person or circumstance, should be declared unconstitutional or invalid, the remainder of the Act, and the application to other persons or circumstance, shall not be affected thereby. Section 3. That all laws and parts of laws in conflict with this Act be, and they are hereby repealed. Section 4. That there is hereto attached, incorporated herein, and made a part hereof, a copy of the notice of intention to apply for the enactment hereof, with the certificate of the publisher of the newspaper in which sheriff's advertisements for the locality affected hereby are published, said certificate showing that notice was published once a week for three weeks during a period of sixty days immediately preceding the introduction of the bill providing for this Act into the General Assembly. Certificate of Publication of Notice of Local Legislation. Notice of Intention to Apply for Local Legislation, City of Columbus, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which convenes in January, 1956, for the passage of a bill entitled as follows: An Act amending the charter of the City of Columbus, Georgia, providing for the supervision, control and management of all of the facilities of said city for the collection, treatment and disposal of sanitary sewerage by the board of water commissioners of said city; and for other purposes.

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This 4th day of January, 1956. /s/ Roscoe Thompson. Roscoe Thompson, City Attorney, Columbus, Georgia. January 6th, 1956 January 13th, 1956 January 20th, 1956 Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witness, a notary public in and for Muscogee County, Georgia, M. R. Ashworth, who, on oath, deposes and says that he is the publisher of the Columbus Ledger, the newspaper published in the City of Columbus, Muscogee County, Georgia, in which the sheriff's advertisements for said county are published; and that the foregoing and attached notice was duly published in said newspaper once a week for three weeks, to wit: on January 6th, 1956, January 13th, 1956, and January 20th, 1956. /s/ M. R. Ashworth. Sworn to and subscribed before me, this the 20 day of January, 1956. /s/ H. L. Hollis, Notary Public, Muscogee County, Georgia. (Notarial Seal) (Seal Affixed) Approved February 23, 1956.

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POOLER CORPORATE LIMITS. No. 153 (House Bill No. 229). An Act to amend the charter of the Town of Pooler and other Acts amendatory thereto, incorporating and reincorporating said town, by fixing and prescribing and extending the corporate limits of said town and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority aforesaid: Section 1. That from and after the passage of this Act the corporate limits of the Town of Pooler shall include the present corporate limits of said town and in addition, certain lands adjacent thereto, the limits of said town being the present corporate limits of said town and lands adjacent thereto described as follows: All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at a point being the intersection of the northern boundary line of the present corporate limits of the Town of Pooler and the south side of Newton Street; thence north eleven degrees thirty-seven minutes west (N 11 37 W) a distance of two thousand four hundred feet (2400) to a point; thence south forty degrees forty-eight minutes west (40 48 W) a distance of one thousand five feet (1005) to a point; thence north eighty-six degrees fourteen minutes west (86 14 W), a distance of six hundred twenty-three feet (623) to a point; thence south eighty- eight degrees twenty-eight minutes west (88 28 W), a distance of eight hundred seventy-three feet (873) to a point; thence south fifteen degrees forty-four minutes west (15 44 W) a distance of one thousand two hundred seventy-four feet (1274) to a point; thence south seventy degrees forty-seven minutes east (70 47 E) a distance of two thousand four hundred feet (2400) to a point; thence north fifty-four degrees

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and no minutes east (50 00 E) a distance of seven hundred seventy-five feet (775) to the point of beginning. Description. And also that certain portion of a lot of land situate, lying and being in Chatham County, Georgia, more particularly described as follows: Beginning at a point being the intersection of the south side of the Louisville Road (U. S. Highway 80) and the westernmost boundary of the present corporate limits of the Town of Pooler; thence in a western direction along the south side of the Louisville Road (U. S. Highway 80) a distance of thirty feet (30) to a point; thence in a southern direction a distance of two hundred feet (200) to a point; thence in an eastern direction a distance of thirty-five feet (35) to a point; thence in a northerly direction along the western corporate limits of the Town of Pooler, a distance of two hundred feet (200) to point of beginning. Both the above described tract of land and the above described portion of a lot of land being more fully shown on a plat by David C. Horne, Georgia Registered Surveyor, No. 521, dated December 28, 1955, recorded in the office of the Clerk of the Superior Court of Chatham County, Georgia, in Plat Record Book G, Folio 184, to which reference is hereby specifically made. Section 2. Be it enacted by the authority aforesaid that all laws, or parts of laws, in conflict herewith, be and the same are hereby repealed. Section 3. There is attached hereto and made a part hereof a copy of the published notice of intention to apply for this local legislation and the affidavit of the publisher to the effect that said notice has been published as prescribed by law, and it is hereby declared that all requirements of the Constitution relating to publications of notice of intention to apply for the passage of this local legislation have been fully complied with

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State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Helen Pope, who on oath deposes and says that she is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply for local legislation at the next regular session of the General Assembly of Georgia which meets on the second Monday in January, 1956, to be entitled an Act to amend the charter of Pooler, Georgia, and the other Acts amendatory thereto incorporating and re-incorporating Pooler, Georgia; providing for the extension of the corporate limits of Pooler, Georgia, and re-defining the boundaries thereof; and providing for an increase in the registration fees for persons qualifying to run for the office of mayor, alderman or recorder; and providing for an increase in payments to managers in the management of elections; and providing for an increase in the salaries of the mayor, aldermen and recorder; and providing for the mayor to be judge of the mayor's court, and any alderman or the town attorney to be judge pro tem. of the mayor's court, increasing the jurisdiction of penalties as to fines and imprisonment for contempt, and increasing the maximum limitation on fines for persons convicted; and for other purposes. William M. Exley, Jr., Town Attorney, Pooler, Georgia. has been published in said Savannah Evening Press, once

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a week for 3 weeks, to wit in the regular issues of December 24-31, 1955, January 7, 1956. /s/ Helen Pope. Sworn to and subscribed before me, this 20th day of January, 1956. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal) Approved February 23, 1956. ATLANTA CHARTER AMENDED. No. 155 (Senate Bill No. 91). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. The mayor and board of aldermen shall

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pay to each member of the police department the sum of $100.00 per year in addition to all other compensation in lieu of the charter provision requiring the city to provide uniforms. Compensation of policemen. Section 3. The mayor and board of aldermen may authorize the employment of any person who has theretofore retired under any of the pension laws, notwithstanding the age of such person, to render any special or particular service under contract, provided the employment is temporary and the necessity therefor is certified by the department head making the contract of employment. Such employees shall acquire no further pension or civil service rights by virtue of such temporary employment. Temporary employment of pensioners. Section 4. The mayor shall have power and authority to appoint an administrative assistant, who shall serve at the mayor's pleasure. His compensation shall be fixed by the mayor and board of aldermen. The mayor may delegate to his assistant such administrative power and authority as will promote the efficient management of his office. Mayor's assistant. Section 5. The mayor shall annually appoint the members of all standing committees created by ordinance, and shall name the chairman thereof. Vacancies shall be filled by the mayor. Standing committees. Section 6. The corporate limits of the City of Atlanta are hereby extended so as to include the following described property: Beginning at a point on the easterly side of Springdale Circle, S.W., approximately two hundred and eight (208) feet north of the northeast corner of Springdale Place, S.W., said point being where the line dividing the corporate limits of the City of Atlanta and the City of East Point intersect the easterly side of Springdale Circle, S.W.; running thence northerly along the easterly side of Springdale Circle, S.W. four hundred and sixty-nine

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(469) feet more or less to a point where the line dividing the corporate limits of the City of East Point and the City of Atlanta again intersect the easterly side of Springdale Circle, S.W.; thence southerly and westerly along the line dividing the corporate limits of the City of East Point and the City of Atlanta to the point of beginning. Corporate limits extended. Section 7. The mayor and board of aldermen are hereby authorized to sell to DeKalb County certain installed water mains located in Land Lot 179 of the 15th District of DeKalb County, upon such terms and conditions as may be agreed upon between the city and the county, provided that the county must agree to continue to provide water service to property owners abutting on said streets, roads and highways in which such pipes are located. Sale of water mains. Section 18. That all laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 23, 1956. GWINNETT COUNTY COMPENSATION OF CERTAIN OFFICERS. No. 156 (House Bill No. 212). An Act to provide for the compensation of the Sheriff, the Clerk of the Superior Court, the Clerk of the City Court and the Ordinary of Gwinnett County; to provide for a salary system of compensation; to provide for personnel to assist said officers; to provide for the compensation of such personnel and the expenses of operating said offices; to provide that all fees and other income of said offices shall be collected for and paid to Gwinnett County; to provide an effective date; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia. Section 1. Commencing with the terms of office which begin on January 1, 1957, the Sheriff, the Clerk of the Superior Court and Clerk of the City Court (who shall be one person with one salary) and the Ordinary of Gwinnett County shall be placed on a salary system of compensation, and such salaries shall be said officers' sole compensation for performing the duties of their respective offices. Salary system. Section 2. The Sheriff of Gwinnett County shall be compensated in the amount of $10,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County, at the end of each calendar month. Sheriff. The Clerk of the Superior Court and Clerk of the City Court of Gwinnett County (who shall be one office-holder with one salary) shall be compensated in the amount of $10,000.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County, at the end of each calendar month. Clerks of court. The Ordinary of Gwinnett County shall be compensated in the amount of $7,500.00 per annum, to be paid in equal monthly installments from the funds of Gwinnett County, at the end of each calendar month. Ordinary. Section 3. The Sheriff, the Clerk of the Superior Court and the City Court, and the Ordinary of Gwinnett County shall have the sole authority to select, employ and discharge all personnel necessary to assist them in the performance of the duties of their respective offices. The salary of such employees, the number of such employees and the necessary expenses of operating each of the above offices shall be approved by the Board of Commissioners of Roads and Revenues of Gwinnett County. Such salaries and expenses shall be paid from the funds of Gwinnett County, in addition to the salaries of said officers. Their employees. Section 4. All fees, costs, percentages, forfeitures,

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penalties, allowances, and all other perquisites of whatever kind, which are now or may hereafter be allowed by law to be received or collected as compensation for service by any of the aforesaid officers, shall be collected by each and all of said officers for the sole use of Gwinnett County, and shall be paid by said officers to Gwinnett County by the fifteenth day of each month following the month during which such sums were collected. The Commissioners of Roads and Revenues of Gwinnett County shall cause a certified public accountant to make an annual audit of the records of each of said officers, not later than ninety (90) days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Gwinnett County by each such officer, and all funds due the county but not collected by each such officer. The expense of preparing such audit for each respective office shall be paid from the funds of Gwinnett County. Fees, costs, etc. Audits. Section 5. For all funds due Gwinnett County under the preceding section of this Act, but which remain uncollected from the party or parties owing same, the clerk of the superior court shall issue an execution in favor of Gwinnett County against the party or parties from whom said funds are due, and said execution shall be directed and levied in the same manner as now provided by law for other executions. Such execution shall constitute a lien in favor of Gwinnett County equal in rank to a lien for taxes in favor of Gwinnett County. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Gwinnett County. In person before the undersigned attesting officer, personally appeared Marvin A. Allison, who after being duly sworn, deposes, says and certifies that he is the publisher of the News-Herald, a newspaper published in said county in which the advertisements of the sheriff of said county are published, and that the attached notice of proposed legislation has been published in the News-Herald, on the

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following dates to wit: December 14, 1955; December 21, 1955; December 28, 1955. /s/ Marvin A. Allison. Sworn to and subscribed before me, this the 16th day of January, 1956. /s/ Jones Webb. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned Representatives of Gwinnett County, Georgia, will introduce a bill in the General Assembly of Georgia at the January session, 1956, providing for compensation of the Sheriff of Gwinnett County, Georgia, the Clerk of the Superior Court of Gwinnett County, Georgia, the Clerk of the City Court of Gwinnett County, Georgia, and the Ordinary of Gwinnett County, Georgia, providing for a salary system of compensation; to provide for assistant personnel for said officers and their compensation; to provide for expenses in operating said offices; to provide that all fees and other income of said offices shall be collected for and paid to Gwinnett County; to abolish the office of county treasurer; to provide for a county depository; to combine and consolidate the offices of tax receiver and tax collector into the office of tax commissioner; to provide for the salary of the office of tax commissioner; to provide that the Act shall go into effect January 1, 1957; to repeal conflicting laws; and for other purposes. This the 12th day of December, 1955. Paul V. Kelley, W. L. (Bill) Kilgore 8-3t-c. Approved February 23, 1956.

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GAINESVILLESTREET IMPROVEMENTS. No. 157 (House Bill No. 233). An Act to amend An Act to amend the charter of the City of Gainesville, to change the corporate name of said city, to abolish the office of mayor and councilmen and certain other offices of said city created by legislative enactment, to provide for a commission manager form of government for said city, and for other purposes set out in pages 834 to 867, inclusive (Ga. L. 1922) by amending Section 34 of said Act to provide that certain improvements may be initiated by a petition signed by the owners of more than one-half of the linear front footage of the land liable for assessment for such improvements and by providing that such improvements may be prevented by the protest of the owners of more than one-half of the linear front footage of the land liable for assessment to pay for such improvements; by amending Section 37 of said Act to conform to Section 34 as herein amended and by authorizing in said Section 37 the city commission of said city to make improvements with city personnel and equipment without letting a contract therefor under certain circumstances; by amending Section 38 of said Act by striking certain words therefrom so as to make the provisions of said Section 38 conform to Section 37 as hereby amended; Repealing conflicting Acts and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend the charter of the City of Gainesville, to change the corporate name of said city, to abolish the office of Mayor and Councilmen and certain other offices of said city created by legislative enactment, to provide for a commission manager form of government for said city, and for other purposes set out in pages 834 to 867, inclusive (Ga. L. 1922) is hereby amended in Section 34 thereof by striking from line 7 of said section the words more than one-half the owners

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in area and from line 17 of said Section 34 the words in area and inserting in lieu of the words first stricken above the owners of more than one-half the linear front footage and in lieu of the words last stricken above of the linear front footage so that said Section 34 as hereby amended shall read as follows: Section. 34. Whenever the commission shall deem it necessary to grade, pave, macadamize, drain, or otherwise improve any street, avenue, alley, lane, or any part of them, the commission shall by ordinance declare such work or improvement necessary. Unless between the time of the first publication of the ordinance and the time when it can be finally adopted, the owners of more than one-half the linear front footage of the land liable to assessment to pay for such improvement shall file with the secretary of the commission their protest in writing against such improvement, then the commission shall have the power to pass and adopt the proposed ordinance, and to levy assessments as herein provided for. Any number of streets, avenues, lanes or alleys, or parts thereof to be so improved, may be included in one ordinance, but any protest or objection shall be made as to each street or highway separately; provided, however, that if the owners of more than one-half of the linear front footage of the land liable for any such improvement shall petition the commission for such improvement of any street or highway or part thereof, describing in such petition the character of the improvement desired, the width of the same, and the materials preferred by the petitioners for such improvement, then the commission may cause such improvement to be made in accordance with the prayers of the petition, without the adoption of any ordinance; provided that the commission shall finally have the right to determine the kind of material to be used for such improvement, and the width thereof. Section 2. (A) Section 37 of said Act is hereby amended by striking from line 4 of said section the word area and inserting in lieu thereof the word linear front footage.

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(B) Said Section 37 is further amended by adding thereto at the end of said section the following: The city commission shall also have authority, when it deems such action to the best interests of the city and the owners of the property to be improved, to proceed with the improvements herein provided by the use of city personnel and equipment without contracting therefor as herein above required. When the city commission decides to proceed to make such improvements by the use of city personnel and equipment without a contract therefor all the provisions of this Act not exclusively applicable to the doing of such work or the making of such improvements by contract shall apply to the authorizing and making of said improvements, and the collections and payments therefor. The requirements of this Act pertaining exclusively to the making of such improvements by contract shall not apply when such improvements are made by the use of City personnel and equipment. (C) Said Section 37 as hereby amended shall read as follows: Section 37. After the expiration of time for objection or protest on the part of the property owners, if no sufficient protest be filed, or on receipt of a petition for such improvement signed by more than one-half the owners in linear front footage of the property to be assessed, if such petition shall be found in proper form and properly executed, the commission shall adopt a resolution reciting that no such protest has been filed, or the filing of such petition, as the case may be, and expressing the determination of the commission to proceed with the improvement, stating the material to be used, and the manner of construction, and defining the extent, character and width of the improvement, and such other matters as may be necessary to instruct the city manager and his subordinates in preparing for such improvement the necessary plans, plots profiles, specifications and estimates. Said resolution shall set forth any such reasonable

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terms and conditions as the commissioner shall deem proper to impose with reference to the letting of the contract and the provisions thereof, and the commission shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond in an amount to be stated in such resolution, conditioned for the full and faithful performance of the work and of the contract, and for the protection of the city and all property owners interested against any loss or damage by reason of the negligent or improper executions of the work, and may require a bond in an amount to be stated, for the maintenance in good condition of such improvements for a period of at least one year from the date of the completion, or both, in the discretion of the commission. Said resolution shall also direct the city manager to advertise for bids for furnishing the materials and performing the work necessary in making such improvements. The notice of such bid shall state the street, avenue, lane or alley to be improved, the kind of improvements proposed, what, if any, bond or bonds will be required to be executed by the contracts, and shall state the time and place where such sealed bids shall be filed, and when and where the same will be considered by the commission. Such notice shall be published for ten days in the official newspaper. At the time and place specified, the commission shall examine all bids received and without unnecessary delay award the contract to the lowest and best bidder; which contract shall in no case exceed the estimate of cost submitted by the city manager for such work and the commission shall have the right to reject any and all bids and to re-advertise for other bids when any such bids are not in its judgment satisfactory. The city commission shall also have authority, when it deems such action to the best interest of the city and the owners of the property to be improved, to proceed with the improvements herein provided by the use of city personnel and equipment without contracting therefor as herein above required. When the city commission decides to proceed to make such improvements by the use of city personnel and equipment without a contract therefor all the provisions of this Act not exclusively applicable to

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the doing of such work or the making of such improvements by contract shall apply to the authorizing and making of said improvements, and the collections and payments therefor. The requirements of this Act pertaining exclusively to the making of such improvements by contract shall not apply when such improvements are made by the use of city personnel and equipment. Section 3. Section 38 of said Act is hereby amended by striking from the first line of said Section 38 the words the contract is let and and from lines 4 and 5 of said Section 38 the word contract so that said Section 38 as hereby amended shall read as follows: Section 38. As soon as the cost of such improvements, which shall also include all other expenses incurred or to be incurred by the municipal corporation incident to such improvement, in addition to the price for the work and materials is ascertained, the commission shall by resolution appoint a board of appraisers, consisting of the city manager and the city tax assessors, to appraise and apportion the cost and expense of the same to the several tracts of land abutting on the proposed improvements, within ten days from the date of the resolution appointing such board, the board shall file a written report of the appraisal, assessment and apportionment of such expense and cost to the several tracts of land abutting on such street, avenue, lane or alley, with the secretary of the commission. When such report shall have been returned and filed, the commission shall designate a time for holding a session for the hearing of any complaints, or objections, that may be made concerning such appraisement, assessment and apportionment as to any such tracts of land abutting on the proposed improvements, and notice of such session for such hearing shall be published by the secretary at least five days prior to such session, and the notice shall provide for an inspection of the return by any person interested herein. The time fixed for such hearing shall be not less than five nor more than ten days from the last publication. The commission shall at said session have power to review and correct said appraisement,

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apportionment and assessment and to hear objections to the same, and to confirm finally the same as made by the board or as corrected by the commission. Assessment in conformity to said appraisement and apportionment as confirmed by the commission shall be payable in ten equal annual installments and shall bear interest at the rate of seven percent per annum, from the time said assessments are fixed, until paid, the assessments to be payable in each year at such times as the several installments of the assessment are made payable each year. The commission shall be ordinance levy assessments in accordance with said appraisement and apportionment as confirmed against the several tracts of land liable therefor. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Legal Advertising. Notice of Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia which convenes January 9, 1956, for the passage of An Act to amend an Act to amend the charter of the City of Gainesville, to change the corporate name of said city, to abolish the office of mayor and councilmen and certain other offices of said city created by legislative enactment, to provide for a commission manager form of government for said city, and for other purposes set out in pages 834 to 867, inclusive, Georgia Laws 1922 by amending Section 34 of said Act to provide that certain improvements may be initiated by a petition signed by the owners of more than one-half of the linear front footage of the land liable for assessment for such improvements and by providing that such improvements may be prevented by the protest of the owners of more than one-half of the linear front footage of the land liable for assessment to pay for such improvements; by amending Section 37 of said Act to conform to Section 34 as herein amended and by authorizing in said Section 37 the city commission of said city

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to make improvements with city personnel and equipment without letting a contract therefor under certain circumstances; by amending Section 38 of said Act by striking certain words therefrom so as to make the provisions of said Section 38 conform to Section 37 as hereby amended; repealing conflicting Acts and for other purposes. This notice is given in compliance with Section 2-1915 and 47-801 of the Code of Georgia, annotated. C. H. Martin, Jr., Mayor, City of Gainesville, Georgia. (4cD31 J5-12) Affidavit. Wm. B. Gunter W. M. Williams personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn say: That the attached and foregoing Notice of Local Legislation was published in the Gainesville Morning News, the official organ for Hall County, Ga., once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made for the purpose of showing compliance with the Constitution and laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to said bill. /s/ Wm. B. Gunter, /s/ W. M. Williams Sworn to and subscribed before me this 23 day of Jan., 1956. /s/ Paul McKelvey, Notary Public. Approved February 23, 1956.

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CAMILLATREASURER. No. 159 (House Bill No. 242). An Act to provide that the mayor and council of the City of Camilla shall have the power to designate by appointment the person, firm or corporation to be city treasurer of Camilla; to provide that the city clerk may be appointed; to provide for compensation of the city treasurer; to provide for the term of the city treasurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The city treasurer of the City of Camilla shall be appointed by the mayor and council of said city. The term of office of said city treasurer shall be in the discretion of the mayor and council of said city, but in no event shall the term exceed two years. Said city treasurer shall be removed at the will of the mayor and council of said city. Appointment. Section 2. The mayor and council of said city shall have the power to appoint any person, firm or corporation, including the city clerk, as city treasurer, and shall designate the powers and duties of said city treasurer. The compensation of said city treasurer shall be in the amount designated by the mayor and council but shall not exceed fifty dollars ($50.00) per month. Compensation. Section 3. The present city treasurer of said city shall hold office until the expiration of his term for which elected. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia, which convenes on

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January 9th, 1956, a bill affecting the City of Camilla; to provide that the mayor and council shall have the power to designate by appointment a city treasurer; to provide for compensation; to provide for the term; to provide for the abolishment of the office of city treasurer as now created; to repeal conflicting laws and for other purposes. This the 12th day of December, 1955. Frank S. Twitty, Representative, Mitchell County, Georgia. Notice of Legislation. Notice is hereby given that at the request of the mayor and city council there will be introduced in the General Assembly of Georgia, which convenes on January 9th, 1956, a bill affecting the City of Camilla; to provide that the mayor and council shall have the power to designate by appointment a city treasurer; to provide for compensation; to provide for the term; to provide for the abolishment of the office of city treasurer as now created; to repeal conflicting laws and other purposes. This the 12th day of December, 1955. Frank S. Twitty, Representative, Mitchell County, Georgia. Georgia, Mitchell County. I, B. T. Burson, being first duly sworn, on oath say: that I am editor and publisher of the Camilla Enterprise, a weekly newspaper and official organ for Mitchell County, Georgia, in which sheriff's advertisements are published and that the above and foregoing is a true and accurate copy of a notice to apply for legislation which notice appeared in said newspaper in issues dated December 16th, 1955 and January 13th and January 20th, 1956. /s/ B. T. Burson

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Sworn to and subscribed before me this the 21st day of January, 1956. /s/ Hazel Bullard. Notary Public, Georgia, State at Large. My commission expires February 1, 1958. (Seal) Approved February 23, 1956. MONTGOMERY COUNTY TAX COMMISSIONER'S COMPENSATION. No. 161 (House Bill No. 230). An Act to amend an Act creating the office of Tax Commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 73), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 2720), so as to provide a change in the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Montgomery County, approved March 12, 1935 (Ga. L. 1935, p. 73), as amended by an Act approved February 20, 1951 (Ga. L. 1951, p. 2720), is hereby amended by striking Section 6 and in lieu thereof inserting the following: Section 6. The compensation of the Tax Commissioner of Montgomery County shall be on a salary basis. The amount of said salary, which shall be in lieu of all fees including those paid for collecting the last ten percentum of the digest and taxes, but not including fees from the sale of motor vehicle license tags, shall be fixed by the County Board of Commissioners of Roads and Revenue of Montgomery County, at not less than $2800.00 nor more than $3600.00 per annum. Compensation.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Montgomery County. Personally appeared before me, a notary public the undersigned, Herman McBride, who on oath says that he is the managing editor and publisher of the Montgomery Monitor, a newspaper published in the County of Montgomery, State of Georgia, in which sheriff's and legal notices are published for the year of 1955 and the citation hereto attached was published in the Montgomery Monitor on December 15th and 22nd 1955, and January 5th, 1956. This 14th day of January 1956. /s/ Herman McBride, Managing Editor, Montgomery Monitor. Sworn to and subscribed to before me this 14th day of January 1956. /s/ L. C. Underwood, Notary Public. Notice of Local Legislation. Georgia, Montgomery County: Notice is hereby given that at the next session of the legislature of Georgia, I shall introduce a bill to be entitled, Act to amend the Act approved March 12, 1935, (Ga. L. p. 735, and Ga. L. 1950, p. 2720), which Act created and amended the office of the Tax Commissioner of Montgomery County, Georgia, as to provide that compensation of said tax commissioner shall be fixed by the board of county commissioners of roads and revenues of said county at not less than $2800.00 nor more than $3600.00 per annum and all fees whatsoever, except the sale of vehicle tax shall be paid into the county treasury. To repeal conflicting laws and other purposes.

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This 12th day of Dec. 1955. Joe C. Underwood, Representative, Montgomery County, Georgia. Approved February 23, 1956. GRIFFIN CORPORATE LIMITS EXTENDED. No. 162 (House Bill No. 252). An Act to amend an Act creating the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, to extend the city and corporate limits of the City of Griffin so as to include within the corporate limits and boundaries certain areas adjacent to the present corporate limits of the City of Griffin, and which have heretofore been annexed to said city by ordinance, pursuant to an Act approved January 31, 1946 (Ga. L. 1946, p. 130); to repeal conflicting laws; and for other purposes. Preamble. The areas and territories hereinafter described in this Act have heretofore been purportedly annexed to the corporate limits of the City of Griffin by regular ordinance of the board of commissioners of the City of Griffin, enacted upon the request of the owners of said properties, which lie adjacent to the corporate limits of the City of Griffin. The purpose of this Act is to ratify the actions of the board of commissioners of the City of Griffin by annexing the same properties by a duly enacted Act of the General Assembly. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the charter of the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959),

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as amended, is hereby amended to extend the corporate limits of the City of Griffin so as to include, annex and bring within the corporate limits and boundaries of the City of Griffin all of the following described areas and properties: Parcel 1. All that tract or parcel of land situate, lying in and being a portion of Land Lot 147 of the Second District of original Monroe, now Spalding County, and being more particularly described as beginning at the intersection of the north margin of Crescent Road with the centerline of Woodland Avenue and the present city limits line of the City of Griffin; thence from said point of beginning S 88-05 W, 230 along the north margin of Crescent Road to the S. W. corner of Lot 2 in Block 3 of J. H. Walker Estate Subdivision; thence N 1 - 18 W, 575.0 along the West boundaries of Lots 2, 3, 4, 5, 6 and 7 in said Block 3; thence N 26 - 48 W, 440.0 along the west boundaries of Lots 8, 9, 10, 11 and 12 in said Block 3; thence N 14 -40 W, 345 to the present city limits line of the City of Griffin. Parcel 2. All that tract or parcel of land situate, lying in and being portions of Land Lots 148, 172 and 173 of the Second District of original Monroe, now Spalding County, and being more particularly described as beginning at the intersection of the present city limits of the City of Griffin with a public road known as South Sixth Street Extension or Maple Drive; thence from said point of beginning west 1640 along the present city limits; thence S 0 - 15 E, 798.9 to a concrete monument; thence N 89 - 49 E, 1310 to a point on the east margin of Pine Valley Road; thence southwardly 216 along the east margin of Pine Valley Road to the southwest corner of Lot 5 in Block L of addition to Forest Hills Subdivision; thence N 75 - 06 E, 253.4 along the south boundary of said Lot 5; thence S 27 - 14 E, 1095 to a point on the north boundary of Lot 1 in Franklin P. Lindsey

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Subdivision; thence S 440 - 33 W, 482 to a point on the south boundary of Land Lot 173; thence east, 275 along the south boundary of Land Lot 173 to the southeast corner of Lot 2 in Franklin P. Lindsey Subdivision; thence N 44 - 33 E, 810 to a point on the east margin of South Sixth Street Extension or Maple Drive; thence southwardly 1130 along the east margin of South Sixth Street Extension; thence N 22 - 01 E, 212.1 to a point on the south margin of a county road; thence northwardly 30 to a point on the north margin of said county road; thence N 46-04 W, 698 to a point on the south boundary of J. R. Cumming property, maintaining a distance of 210 from and parallel to the east margin of South Sixth Street Extension; thence N 89-56 E, 58 to a concrete monument on the southeast corner of the J. R. Cumming property; thence N 0-04 W, 338 to a concrete monument; thence S 89-56 W, 366.9; thence N 27-14 W, 959, maintaining a distance of 210 from and parallel to the east margin of South Sixth Street Extension; thence N 62-46 E, 210 to a point on the west margin of Skyline Drive; thence N 27-14 W, 290 along the west margin of Skyline Drive to the intersection of the west margin of Skyline Drive with the present city limits line; thence N 75-19 W, 575 along the present city limits line to the point of beginning. Parcel 3. All of that lot, tract or parcel of land situated, lying and being in Land Lot No. 143, in the Second Land District of originally Monroe, then Pike, now Spalding County, Georgia, said property contains seven (7) acres, more or less, and is more particularly shown and designated on the tap map, dated April 1, 1948, of the City of Griffin and the County of Spalding, Georgia, as Lot 16, Block 1, Sheet 41 of said tax map, and is more specifically shown and designated on a plat of survey or propery line map, as prepared by Vinson and Company, Inc., Surveyors and Engineers, of Atlanta, Georgia, a copy of said plat or map is filed in Plat Book 4 on Page 331 in the office of the Clerk of the Superior Court of Spalding County, Georgia; and the aforesaid property is bounded as follows:

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Northerly, by lands of (Mrs.) Amanda C. Tebault, now leased to the Griffin Board of Education; northeasterly by other lands of the Housing Authority of the City of Griffin, Georgia, located within said City of Griffin, said northeast boundary line being the present boundary of the corporate limits of the said City of Griffin; southeasterly by a paved public road, known and distinguished as Meriwether Street; and westerly by a public road, recently paved, known and distinguished as South Fifteenth Street. The aforesaid property is a part of the site of Low-Rent Housing Project No. GA-61-1, being the only part of said site lying and being outside of the present corporate limits of said City of Griffin. Parcel 4. All that tract or parcel of land lying partially adjacent to the existing city limits of the City of Griffin, Spalding County, Georgia, and being portions of Lots 3, 4 and 5 in Block C of J. H. Walker Estate Subdivision shown in a plat of said subdivision recorded in Plat Book 4, Page 354, of Spalding County Superior Court records. Property may be more particularly described with reference to said plat as beginning at a concrete marker on the east margin of South Eighth Street, said point of beginning being S 1-16 W, 173.89 along the east margin of South Eighth Street from its intersection with the south margin of Milner Street; thence from said point of beginning S 1-16 W, 139.86 along the east margin of said South Eighth Street to a concrete marker; thence N 88-52 E, 190.57 to a concrete marker on the west margin of a 15 alley; thence N 3-38 E, 102.12, more or less, along the west margin of said 15 alley to its intersection with the existing 1 mile radius city limits line of the City of Griffin; thence northwestwardly, 140, more or less, along said city limits line; thence S 88-52 W, 60, more or less, to the point of beginning. Parcel 5 All that tract or parcel of land lying adjacent to the existing city limits of the City of Griffin, Spalding County,

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Georgia, and being a triangular portion of Lot 3 in Block C of J. H. Walker Estate Subdivision shown in a plat of said subdivision recorded in Plat Book 4, page 354 of Spalding County Superior Court records. Property may be more particularly described with reference to said plat as beginning at the intersection of the existing 1 mile radius city limits line with the east margin of South Eighth Street, said point of beginning being S 1-16 W, 115.86, more or less, along the east margin of South Eighth Street from its intersection with the south margin of Milner Street; thence from said point of beginning S 1-16 W, 18.03, more or less, along the east margin of South Eighth Street to a concrete marker; thence N 88-52 E, 60 more or less, to a point on the existing 1 mile radius city limits line; thence northwestwardly 63, more or less, along the existing 1 mile radius city limits line to the point of beginning. Parcel 6. All that tract or parcel of land near the City of Griffin, Spalding County, Georgia, and being Lot 6 and a portion of Lot 5 in Block C of J. H. Walker Estate Subdivision shown in a plat of said subdivision recorded in Plat Book 4 page 354 of Spalding County Superior Court records. Property may be more particularly described with reference to said plat as beginning at a concrete marker on the east margin of South Eighth Street, said point of beginning being S 1-16 W, 313.75 along the east margin of said South Eighth Street from its intersection with the south margin of Milner Street; thence from said point of beginning S 1-16 W, 102.83 along the east margin of said South Eighth Street to an iron stake on the southwest corner of Lot 6; thence N 88-52 E, 185.43 along the south boundary of said Lot 6 to an iron stake on the west margin of a 15 alley; thence N 30-38 E, 103.22 along the west margin of said 15 alley to a concrete marker; thence S 88-52 W, 190.57 to the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Legal10403. Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the January session, 1956, of the General Assembly of Georgia, will be made, in order to amend the charter of the City of Griffin, as amended, by extending the corporate limits of said city so as to embrace all of those areas which have heretofore been annexed by ordinance pursuant to Ga. Laws 1946, p. 130; to repeal conflicting laws; and for other purposes. This 29th day of December, 1955. W. E. George, City Manager, City of Griffin. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Frank P. Lindsey, Jr., who, on oath, depose and say that they are Representatives from Spalding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: December 30, 1955, and January 3 and January 10, 1956. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr. Representatives, Spalding County. Sworn to and subscribed before me this 23 day of January 1956. /s/ E. G. Harper Notary Public, Spalding County, Georgia. Approved February 23, 1956.

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ROYSTON CHARTER AMENDED. No. 163 (House Bill No. 302). An Act to amend an Act incorporating the City of Royston, approved August 24, 1905 (Ga. L. 1905, p. 1119) as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 1139) so as to provide the type of municipal government; to combine the offices of city clerk and city treasurer; to provide for entrance fees and qualifications for mayor and councilmen; to provide for elections of mayor and councilmen; to provide for registration of voters; to provide for election registrars; to provide for preparing voters' list; to provide for a mayor pro tem. and for vacancies in office; to provide for absentee ballots; to provide for an annual audit; and to repeal all conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Royston August 24, 1905 (Ga. L. 1905, p. 1119) as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 1139) is hereby amended by striking Section 2 of said Act in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The municipal government of the City of Royston shall consist of a mayor, who shall be elected and serve a term of two years or until his successor is elected and qualified, with the further provision that, after the approval of this Act, no mayor shall be eligible to re-election after the expiration of two terms in succession, for the period of two years; six councilmen, who shall be elected and serve for a term of two years each, or until their successors are elected and qualified; a city clerk and treasurer, who shall be one and the same person, and who shall be elected by the mayor and council of said city and shall serve at the pleasure of said mayor and council, and shall post a $5,000.00 cash bond payable

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to the city and the premiums of said bond shall be paid by said city. Also the said mayor and council shall elect such other officers as are herein provided for, or as may be necessary in carrying out the provisions of the city charter and the provisions of this Act. Government. Section 2. Said Act is further amended by adding a new Section to be known as Section 2-A to read as follows: Be it further enacted, that no person shall be eligible for the office of mayor or councilmen of said city unless he shall be 21 years of age or older and shall have resided in said city six months immediately preceding his election and shall be a qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time in said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilman, unless such candidate shall file with the clerk of said city, ten days prior to the election in which he desires to be a candidate (legal holidays and Sundays excluded), his written notice that he desires that his name be placed on said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time above provided. Together with said notice such candidates shall submit an entrance fee which shall be $10.00 for the office of mayor and $5.00 for the office of councilman. Mayor and council, election, etc. Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The first election to elect city officials which is to be held in said city after the approval of this

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Act shall be on the first Wednesday in December, 1956, at which election a mayor shall be elected to serve a term of two years to succeed Clete D. Johnson, whose term expires on the first Monday in January, 1957; one councilman from the city-at-large shall be elected to serve a term of two years to succeed Lawson McConnell, whose term expires on the first Monday in January, 1957; one councilman from the first ward shall be elected to serve a term of two years to succeed Wayne Varner, whose term expires on the first Monday in January, 1957; one councilman from the second ward shall be elected to serve a term of two years to succeed C. B. Thornton, Jr., whose term expires on the first Monday in January, 1957. Biennially, on the first Wednesday in December, after said election on said first Wednesday in December, 1956, a mayor, one councilman from city-at-large, one councilman from the first ward, and one councilman from the second ward, shall be elected to serve a term of two years each for said city. Then, on the first Wednesday in December, 1957, the second election to elect city officials which is to be held in said city after the approval of this Act shall be held, at which election one councilman from the city-at-large shall be elected to serve a term of two years to succeed Mitchell P. Bond, whose term expires on the first Monday in January, 1958; one councilman from the third ward shall be elected to serve a term of two years to succeed R. Earl Chandler, whose term expires on the first Monday in January, 1958; one councilman from the fourth ward shall be elected to serve a term of two years to succeed Howard Strickland, whose term expires on the first Monday in January, 1958. Biennially, on the first Wednesday in December, after said election on the first Wednesday in December, 1957, one councilman from the city-at-large, one councilman from the third ward, and one councilman from the fourth ward shall be elected to serve a term of two years each for said city. All elections shall be held at the city hall or other place designated in said city by mayor and council, and shall be held between the hours of 7:00 o'clock A.M. and 6:00 P.M. and shall be secret ballot. The person receiving the highest number of votes for the

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respective offices shall be elected. In case of a tie between two or more candidates in any election for mayor or councilman, or either of them, a new election as between candidates thus tied shall be ordered by the mayor and council within ten days after the official result of said election has been filed with the city clerk by the election managers, and the person receiving the highest number of votes in said new election shall be declared duly elected. Said elections shall be under the management and control of a justice of the peace, who may or may not be a resident of said city, and three freeholders residents of said city, or four freeholders residents of said city, which said justice of the peace and freeholders residents shall be elected by the mayor and councilmen then in office in said city to manage said election. The managers of said election shall receive such compensation as may be agreed upon by said mayor and council. Said elections, together with all other elections held in said city for any purpose, shall be held under the same rules and regulations as prescribed by law for holding elections for members of the General Assembly of Georgia, insofar as said rules are applicable and not in conflict with this Act. Elections. Section 4. Said Act is further amended by striking from Section 8 thereof, the first sentence of said section and inserting in lieu a new sentence to read as follows: The term of office of the mayor of the City of Royston shall be two years from the first Monday in January after his election, and the term of office of the councilmen of the City of Royston shall be for two years from the first Monday in January after their election., so that said section shall read as follows: The term of office of the mayor of the City of Royston shall be two years from the first Monday in January after his election, and the term of office of the councilmen of the City of Royston shall be for two years from the first Monday in January after their election. On the said first Monday in January after their election the mayor and councilmen-elect shall meet in the city hall, or other place

Page 2560

usual for holding council meetings in said city, and there shall severally take, before some officer authorized by the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be,) of the City of Royston for the ensuing term, and that I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor, so help me, God. Should the mayor or any councilman be absent from said meeting, he or they shall take the oath of office as soon as possible thereafter. Terms of mayor and council. Section 5. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. It shall be the duty of the clerk, upon the first day immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day during office hours of said clerk (Sundays and legal holidays excluded), until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book shall be again opened following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the city, and who upon the day of the election, if then a resident, will have resided in said city for six months prior thereto, to allow such person to register his name, and color, recording on said book besides the applicant's name, his age, occupation, or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant administer the following oath: You do solemnly swear that you are a citizen of the

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United States; that you have resided in the City of Royston six months next preceding his registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled this condition; that it is your intention to remain a resident of this city until the date of the next city election, that you are eighteen years old; that you have paid all taxes due the City of Royston, except taxes for this year, and that you have made all returns required of you by the ordinances of this city, so help you God. It shall be the duty of the clerk to have printed or written the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto. However, no person registered as of December 7, 1955, or registering before or after the approval of this Act shall be required to again register as a qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself by nonpayment of taxes or otherwise, it being the purpose of this Act to provide a permanent system of registration for said city. Registration of voters. Section 6. Said Act is further amended by striking Section 11 in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. At the first regular meeting of the mayor and councilmen after the approval of this Act and annually at the first meeting in January of each year thereafter, said mayor and councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars. The compensation of such registrars shall be fixed by the mayor and council, at the time of the selection and appointment of such registrars for the time actually spent in the performance of their duties

Page 2562

as registrars. The term of office of such registrars shall be for one year. Registrars. Section 7. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The clerk of the city of Royston shall close the registration book twenty days before any regular or special election, to be held in said city, at five o'clock P.M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said book a list of the qualified voters of said city, who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have in any way disqualified themselves as legal voters; and provided further that said registration book shall be purged by said registrars of the names of all persons known to be dead, all persons known to have removed their residence from said city, and all persons known or shown to registrars not qualified to vote for any cause. The said registrars shall complete their work on such voters' list not later than five days prior to such election and certify said list to be true and correct and deliver same to the clerk of the City of Royston, and the said clerk shall certify that same has not been altered nor changed since being delivered to him, and on the morning of the election to be held in said city deliver said list to the election managers, selected to hold such election, and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake. Any person who shall vote illegally at any election held in the City of Royston, under the authority of the law and this Act, shall be guilty of a misdemeanor, and punished as prescribed in the Penal Code of the State of Georgia. Voters' list.

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Section 8. Said law is further amended by striking Section 16 and inserting in lieu thereof a new Section 16 to read as follows: At the first regular meeting of the mayor and councilmen after the approval of this Act and annually at the first meeting in January of each year thereafter, said mayor and councilmen shall elect one of said councilmen to act as mayor pro tem, and in the event of temporary sickness, incapacity or absence of the mayor the mayor pro tem. shall act as mayor during said period. If a vacancy should occur in the office of mayor for any cause except the expiration of the term of office, the mayor pro tem. shall serve until the next regular city election for city officials at which time a new mayor shall be elected by the people to fill the unexpired term of office. If among the offices of councilmen a vacancy should occur, the mayor and remaining councilmen shall elect a person to fill said vacancy until the next regular city election for city officials at which time a new councilman shall be elected by the people to fill the unexpired term of said office. Mayor pro tem. Section 9. Said Act is further amended by adding to the end of Section 20 thereof the following words: Voting. To prescribe a method for casting absentee ballots. Section 10. Said Act is further amended by adding a new section thereto to be known as Section 71-A to read as follows: Section 71-A. The mayor and councilmen shall have an audit made of the books of said city in the month of January of each year to cover the calendar year preceding the month when such audit is made, which said audit shall be made by a qualified public accountant. A short summary of said audit shall be published one time in a newspaper having general circulation in Franklin County, said publication to be made as soon as practicable after the completion of said audit, and the expenses of

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said audit and the publication thereof shall be paid from the city treasury. Said audit shall remain on file with the clerk of said city and shall be open to the inspection of any interested citizen of said city at any time during business hours. Audits. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to the General Assembly convening in January, 1956, for introduction and passage of a bill to amend the Act approved August 24, 1905 (Ga. L. 1905, p. 1119, et seq.) as amended, particularly by an Act approved August 18, 1913 (Ga. L. 1913, p. 1139), amended said Act relative to the term of office of the mayor of City of Royston with limitation of number of terms in succession in said office; relative to the qualifications of candidates for mayor and councilmen and to provide for elections of mayor and councilmen; relative to the manner of electing city clerk and city treasurer and to combine said offices; to provide for election registrars; to provide for registration of voters; to provide for preparing voters' list; to provide for a mayor pro tem. and for vacancies in office; to provide for absentee ballots; to provide for an annual audit; and to repeal all conflicting laws; and for other purposes. This 4th day of January, 1956. /s/ Ralph Fain Ralph Fain, Representative, Franklin County, Georgia. Certificate of Publication. Georgia, Franklin County. Personally appeared before the undersigned, an officer authorized to administer oaths in and for said county and State, J. F. Little, who, first being duly sworn, on

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oath says that he is business manager and publisher of the Carnesville Herald, newspaper publisher in Franklin County, Georgia, in which the sheriff's advertisements for said County of Franklin are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit: On January 5, 1956, January 12, 1956 and January 19, 1956. /s/ J. F. Little. Sworn to and subscribed before me, this 21st day of January 1956. /s/ Andrew J. Hill, Jr., N. P. State at Large. Approved February 23, 1956. COUNTY SCHOOL TAXES IN CERTAIN COUNTIES. No. 165 (Senate Bill No. 86). An Act to apply only to counties having a population of not less than 300,000 by the last or any future decenial census of the United States: To direct the commissioners of roads and revenues thereof to pay to the board of education thereof promptly hereafter, in addition to all other payments directed to be made by the Constitution and laws of this State, all commissions which have been retained by the tax commissioner or tax collector thereof upon the collection of county school taxes and paid over to the commissioners of roads and revenues thereof heretofore; to relieve and discharge the tax commissioner or tax collector thereof from any and all duty to make past or future collections or payments of any commission whatever upon the collection of county school taxes, except as otherwise provided herein; to prohibit the tax commissioner or tax collector thereof from collecting or paying over to the commissioners of roads and revenues thereof

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any commission whatever upon the collection of county school taxes, except as otherwise provided herein; to require the tax commissioner or tax collector thereof to retain one percentum of all county school taxes collected by him for and during the calendar year 1956 and all future years and to pay over the amounts so retained into the general funds of such county; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that in any county having a population of not less than 300,000 by the last or any future decennial census of the United States: Section 1. The commissioners of roads and revenues thereof are hereby directed to pay to the board of education thereof, in addition to all other payments directed to be made by the Constitution and laws of this State, all commissions which have been retained by the tax commissioner or tax collector thereof upon the collection of county school taxes and paid over to the commissioners of roads and revenues thereof heretofore. Tax commissions to board of education. Section 2. The tax commissioner or tax collector thereof is hereby relieved and discharged from any and all duty to make past or future collections or payments of any commission whatever upon the collection of county school taxes, except as otherwise provided herein. The tax commissioner or tax collector thereof is hereby prohibited from collecting or paying over to the commissioners of roads and revenues thereof any commission whatever upon the collection of county school taxes, except as otherwise provided herin. Section 3. Notwithstanding the foregoing provisions, the tax commissioner or tax collector thereof shall retain one percentum of all county school taxes collected by him for and during the calendar year 1956 and all future years, and the amounts so retained shall be paid into and become a part of the general funds of such county.

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Section 4. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 23, 1956. JOINT CITY-COUNTY TAX ASSESSORS IN CERTAIN COUNTIES. No. 166 (Senate Bill No. 87). An Act to amend the Act approved February 15, 1952 (Ga. L. 1952, pp. 2825, et seq.), creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more according to the 1950 or any future United States census, as amended, so as to provide compensation for the members of said board; to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act creating a joint board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the 1950 or any future United States census, as amended, is hereby amended as follows: Section 1. That the first sentence of Section 9 of said Act, relating to the compensation of members of the joint board, be amended to read as follows: The members of the joint board of tax assessors shall be paid as compensation for their services the sum of $10,000.00 per annum, which sum shall be divided into monthly, semi-monthly or other shorter period of payments as the respective governing authorities may provide. Compensation. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved February 23, 1956.

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PINEVIEW AD VALOREM TAX No. 167 (House Bill No. 214). An Act to amend an Act entitled An Act to incorporate the Town of Pineview in the County of Wilcox, State of Georgia, to define the corporate limits thereof, to provide a municipal government for said town, to confer certain powers and privileges on the same, and for other purposes, approved December 10, 1902 (Ga. L. 1902, p. 551), as amended, so as to provide that the governing authority may levy an ad valorem tax to pay off bonded indebtedness; 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 incorporate the Town of Pineview in the County of Wilcox, State of Georgia, to define the corporate limits thereof, to provide a municipal government for said town, to confer certain powers and privileges on the same, and for other purposes, approved December 10, 1902 (Ga. L. 1902, p. 551), as amended, is hereby amended by adding a new section to be designated 9A to read: 9A. Notwithstanding anything in the charter of the Town of Pineview to the contrary, the governing body of said Town of Pineview is hereby authorized to levy an annual ad valorem tax without limitation as to rate or amount necessary to pay off any bonded indebtedness now or hereafter created by said town. Ad valorem tax. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intended Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia a bill to amend an Act entitled An Act to incorporate the Town of Pineview in the County of Wilcox,

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State of Georgia, to define the corporate limits thereof, to provide a municipal government for said town, to confer certain powers and privileges on the same and for other purposes, approved December 10, 1902, and all Acts amendatory thereof and particularly amending same so as to change the powers of the mayor and council to assess, levy and collect ad valorem taxes for the purposes of payment of the principal and interest on the bonded indebtedness of said town now existing or which may hereafter be created. D. E. Turk, Representative, Wilcox County. Georgia, Wilcox County. Personally appeared before the undersigned officer, in and for said State and county, Mrs. Gladine Fulghum, who after being duly sworn, deposes and states upon oath that she is the editor of the Wilcox County Chronicle, a weekly newspaper and the official organ of Wilcox County, Georgia, in which sheriff's advertisements are published, and that the agove and foregoing is a true and correct copy of a notice of intention to apply for legislation which notice was published in said newspaper in issues dated December 15, 22 and 29. /s/ Mrs. Gladine Fulghum Sworn to and subscribed before me this 7th day of January, 1956. /s/ David E. Morgan Notary Public, State of Georgia. My commission expires Sept. 13, 1958. (Seal) Approved February 23, 1956.

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COMPENSATION TO MR. CARLTON COLEMAN AND MRS. EVELYN LAW THOMAS. No. 30 (House Resolution No. 19-64d). A Resolution. To compensate Mr. Carlton Coleman and Mrs. Evelyn Law Thomas of Rabun County for damages to their automobiles; and for other purposes. Whereas, on July 15, 1955 Mr. Carlton Coleman of Rabun County was traveling north on U. S. Highway 441-23 near the city limits of Clayton, Georgia, in a 1950 Chevrolet passenger automobile, and Whereas, without warning, a panel truck belonging to the State Highway Department and driven by T. L. Bowen ran into the back of Mr. Coleman's car with such force and speed that his car was knocked into the back of a vehicle in front of him, which car belonged to Mrs. Evelyn Law Thomas of Rabun County, and Whereas, Mr. Coleman's car was damaged in the amount of $123.00, $100.00 of which Mr. Coleman paid for himself, and Mrs. Thomas' car was damaged in the amount of $40.77, and Whereas, the accident happened through no fault or negligence whatsoever on the part of Mr. Coleman or Mrs. Thomas, and it is only just and proper that they be compensated for the expenses incurred as a result thereof, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department of Georgia is hereby authorized and directed to pay the sum of $100.00 to Mr. Carlton Coleman and the sum of $40.77 to Mrs. Evelyn Law Thomas, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved February 23, 1956.

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COMPENSATION TO MR. HAL S. MARTIN. No. 31 (House Resolution No. 93-261g). A Resolution. To compensate Hal S. Martin for the damages inflicted upon his automobile by a convict from the Wayne County Prison Branch, Jesup, Georgia, who escaped while building culverts at the Telfair Prison Branch, McRae, Georgia, and for other purposes. Whereas, on March 9, 1954 Mr. Hal S. Martin of Rhine, Georgia, was directed by the Warden of the Wayne County Prison Branch to use his 1953 Ford automobile to assist in the capture of the escaped convict, and Whereas, Hal S. Martin did use his car to carry certain members of the search party and the blood-hounds in pursuit of the escaped convict, and Whereas, the automobile of Hal S. Martin was first damaged by hitting a cow during the pursuit of said convict and was subsequently abandoned by the Prison Branch officials, and Whereas, the escaped convict subsequently converted the car to his own use and burned up the motor of the car in his flight, and Whereas, Mr. Hal S. Martin's automobile was damaged as a result of said collision and conversion in the sum of $670.34, that being the amount expended on the repair of said vehicle, and said sum being the lowest competitive bid for doing the necessary repair of the automobile, and Whereas, it appears that the accident resulting in damages to the car of Mr. Hal S. Martin was incurred by his assistance to the State in recapturing an escaped

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convict and was caused by the negligence of the escaped convict; and that Whereas, it appears that Mr. Hal S. Martin was not negligent and could not have avoided the damages to his automobile; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Department of Corrections be and is hereby ordered to pay to Mr. Hal S. Martin of Rhine, Georgia, the sum of $670.34, as compensation for damages to his 1953 Ford automobile for the accident occurring on March 9, 1954. The payment of said sum shall be made from the funds available to the State Department of Corrections. Approved February 23, 1956. COMPENSATION TO ERNEST AND DOROTHY BROOKS. No. 32 (House Resolution No. 88-261b). A Resolution. Compensating Ernest and Dorothy Brooks; and for other purposes. Whereas, on the night of December 6, 1953, a Georgia Air National Guard aircraft crashed into the house owned by George H. Verner in Gwinnett County, causing said house to be burned and demolished; and Whereas, as a result thereof Ernest and Dorothy Brooks, tenants in said house, lost personal clothing, household goods and miscellaneous items of the total value of $1,711.00; and

Page 2573

Whereas, such loss was occasioned through no fault whatsoever on their part, and it is only just and proper that they be compensated therefor; Now, therefore, be it resolved by the General Assembly of Georgia; that the Department of Defense is hereby authorized and directed to pay to Ernest and Dorothy Brooks the sum of $1,711.00 as compensation as provided above. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 23, 1956. COMPENSATION TO FELTON SMALLWOOD. No. 35 (House Resolution No. 11-18k). A Resolution. To compensate Felton Smallwood; and for other purposes. Whereas, on May 14, 1954, Felton Smallwood was driving his automobile on State Hospital Road in Baldwin County, and was forced to come to a sudden stop in order to avoid hitting a car in front of him; and Whereas, his automobile was struck from behind by a Milledgeville State Hospital bus, being driven by Hayes Grooms, who was unable to stop the bus in time due to the wet condition of the road; and Whereas, the automobile of Mr. Smallwood was damaged in the amount of $75.50, and it is only just and proper that compensation be paid therefor; Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Welfare is hereby authorized and directed to pay the sum

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of $75.50 to Felton Smallwood, as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved February 23, 1956. COMPENSATION TO A. C. BENNETT AND MAMIE BENNETT. No. 36 (House Resolution No. 54-163c). A Resolution. Compensating A. C. Bennett and Mamie Bennett; and for other purposes. Whereas, in late July or early August of 1954, an employee of the State Highway Department was burning trash on State Route 16 adjacent to the farm owned by A. C. Bennett and Mamie Bennett in Spalding County; and Whereas, due to the negligence of such employee, the fire was allowed to get out of control and burned a large number of scuppernong vines on the farm of the Bennetts; and Whereas, it is only just and proper that they be compensated for this loss, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay the sum of two hundred eighty-four and 50/100 ($284.50) to A. C. Bennett and Mamie Bennett jointly, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 23, 1956.

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COMPENSATION TO MR. GEORGE H. VERNER, MR. ARTHUR E. VERNER AND MISS ANNE VERNER. No. 37 (House Resolution No. 89-261c). A Resolution. To compensate Mr. George H. Verner, Mr. Arthur E. Verner, and Miss Anne E. Verner for total destruction of a four-room frame dwelling house and a tract of timber resulting from the crash of four jet aircraft of the 128th Fighter Bomber Squadron of the Georgia Air National Guard, and for other purposes. Whereas, on December 6, 1953, four jet aircraft of the 128th Fighter Bomber Squadron of the Georgia Air National Guard, piloted by members of the Georgia Air National Guard who were engaged at the time of the accident in a regularly scheduled week-end unit training assembly of a Georgia instrumentality, crashed into a tract of timber and the farmhouse of the said George H. Verner, Arthur E. Verner, and Anne E. Verner, located on the Old Peachtree Road, approximately 31 miles northeast of Atlanta, Georgia, and approximately 6 miles northeast of Duluth, Georgia, in Gwinnett County, causing the total destruction of the said farmhouse, well shelter, and a tract of timber, and Whereas, the said accident was not caused through the fault of the said George H. Verner, Arthur E. Verner, or Anne E. Verner, and it is only just and proper that they be compensated therefor; and Whereas, the said George H. Verner, Arthur E. Verner, and Anne E. Verner have not received any compensation from any source for the damages inflicted to their property; and Whereas, damages to the said farmhouse and well shelter have been estimated by two reliable, licensed real-estate brokers in Gwinnett County in the sum of

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thirty-five hundred ($3500.00) dollars, and damages to the said tract of timber have been estimated by an experienced timber man in the sum of fifty dollars ($50.00); Now therefore, be it resolved by the House of Representatives, the Senate concurring, that the Department of Public Defense of the State of Georgia be, and it is hereby ordered and directed to pay to George H. Verner, Arthur E. Verner, and Anne E. Verner, of Norcross, Georgia, the sum of twenty-seven hundred and thirty-five dollars ($2735.00) as compensation for damages inflicted upon their farmhouse, well shelter, and tract of timber, resulting from the crash of said jet aircraft. The payment of said sum shall be made from funds appropriated to or available to said department. Approved February 23, 1956. COMPENSATION TO GEORGE B. STOFFRAGEN. No. 38 (House Resolution No. 66-200a). A Resolution. To compensate George B. Stoffragen for damages to his 1955 Chevrolet automobile received as a result of a collision with a truck owned and operated by the State Highway Department and for other purposes. Whereas, on August 30, 1955, George B. Stoffragen of Cedartown, Georgia, was driving his 1955 Chevrolet automobile on Park Street in the City of Cedartown, Georgia, and said Stoffragen was driving south on said Park Street; which street is a through street with which Jefferson Street intersects; and Whereas, Waid A. Jones, an employee of the Maintenance Department of the State Highway Department

Page 2577

was driving a truck owned by the State Highway Department and entered said Park Street from Jefferson Street without stopping and struck the Chevrolet automobile of said Stoffragen; and Whereas, as a result of the collision caused by the negligence of an employee of the State Highway Department said George B. Stoffragen suffered damage to his automobile; and Whereas, the actual damage to said George B. Stoffragen amounted to the sum of $460.00; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department of Georgia is hereby ordered and directed to pay to George B. Stoffragen of Cedartown, Polk County, Georgia, the sum of $460.00 as compensation for actual personal property damages. The payment of said sum shall be made from the funds available to the State Highway Department of Georgia, and this payment shall satisfy all claims arising out of said accident. Approved February 23, 1956. COMPENSATION TO JACKSON ELECTRIC MEMBERSHIP COOPERATIVE. No. 40 (House Resolution No. 95-261i). A Resolution. To compensate the Jackson Electric Membership Cooperative for damages to electric transmission lines; and for other purposes. Whereas, on February 4, 1954, four Air National Guard jet planes crashed in Gwinnett County, Georgia, and

Page 2578

Whereas, the planes were attached to and a part of the Air National Guard, and Whereas, the planes damaged the electric transmission lines between Lawrenceville and Duluth of said cooperative as they crashed, and Whereas, the damages to the electric transmission lines amounted to $98.20. Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Public Defense is hereby authorized and directed to pay to the Jackson Electric Membership Cooperative, Jefferson, Georgia, the sum of $98.20 as compensation as set out above. Said sum shall be paid from funds appropriated to or available to the Department of Public Defense. Approved February 23, 1956. COMPENSATION TO MRS. LILLIAN LORD. No. 41 (House Resolution No. 155-454b). A Resolution. To compensation Mrs. Lillian Lord for damages; and for other purposes. Whereas, on July 23, 1955, on U.S. Highway 319, one and one-half miles east of Tifton a 1948 Oldsmobile owned by Mrs. Lillian Lord was damaged as a result of a collision with a panel truck, owned by the State Highway Department and operated by Edward Jackson McFarland, a chainman employed by the State Highway Department; and Whereas, the collision occurred when the operator

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of the State-owned vehicle applied brakes to stop for a car entering said highway and lost control thereof and entered the path of the automobile owned and operated by Mrs. Lillian Lord; and Whereas, Mrs. Lillian Lord's automobile incurred expenses in excess of $125.00 as a result of such collision and it is only just and proper that she be compensated for such expenses. Now, therefore, be it resolved by the General Assembly that the State Highway Department is hereby authorized and directed to pay to Mrs. Lillian Lord of Tifton, Georgia, the sum of $125.00 as compensation for such damages. Such sum shall be paid from funds appropriated to or available to the State Highway Department. Approved February 23, 1956. COMPENSATION TO W. W. ARMISTEAD. No. 42 (House Resolution No. 46-129b). A Resolution. To compensate W. W. Armistead; and for other purposes. Whereas, on November 29, 1955, at approximately 11:30 o'clock A. M., Mrs. W. W. Armistead was driving an automobile belonging to her husband, who, along with one other person was a passenger in said automobile; and Whereas, they were traveling on U. S. Highway No. 78 in Clarke County going from Athens to Lexington, Georgia, and approached a State Highway vehicle which was being used in the painting of the yellow

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lines in the center of the road, which vehicle was traveling in the same direction as the automobile belonging to Mr. Armistead; and Whereas, in as much as the Highway Department vehicle occupied the better portion of the road and pulled over to the left to allow a line of cars to pass, and just as the automobile belonging to Mr. Armistead started to pass, the driver of the Highway vehicle pulled back again towards the center of the road and in so doing struck the Armistead automobile and damaged it in the amount of $27.50; and Whereas, the accident occurred through no fault or negligence on the part of Mrs. Armistead, and it is only just and proper that compensation be paid, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay the sum of $27.50 to Mr. W. W. Armistead of Crawford, Georgia, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved February 23, 1956. LAW BOOKS TO ORDINARY OF HARRIS COUNTY. No. 47 (Senate Resolution No. 37). A Resolution. To provide the Ordinary of Harris County, Georgia, certain enumerated volumes of the Georgia Supreme Court Reports. Whereas, certain volumes of the Georgia Supreme Court Reports belonging to the Ordinary of Harris

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County, Georgia, have been lost or destroyed; namely Georgia Supremen Court Reports Numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 28, 32, 33, 34, 35, 36, 37, 38, 39, 40, 42, 45, 46, 47, 48, 49, 50, 51, 52, 60 and 93. Whereas, such books are necessary for said county to transact its business and that of the State; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Harris County, Georgia, without cost to said county, the foregoing volumes of the Georgia Supreme Court Reports. Be it further resolved that if for any reason the State Librarian cannot furnish the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase and furnish said books to the Ordinary of Harris County, Georgia, as aforesaid, provided said funds are available from any unappointed funds. Approved February 23, 1956. DOUGLAS COUNTYZONING. No. 170 (House Bill No. 410). An Act to authorize the governing authority of Douglas County to create and establish restricted zones or districts; to define the boundaries and limits of such zones or districts, provided fifty-one percent of the property owners in the area of land within such zone or district consent thereto; to prohibit the erection of different kinds of buildings or structures therein and the use or maintenance thereof; to provide that the erection or maintenance or use of any building within a restricted

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zone or district in violation of the provisions of this Act shall constitute a nuisance, and to provide for the abatement thereof; to adopt rules and regulations for the enforcement of this Act; to provide a penalty for the violation thereof; to authorize the governing authority to name a zoning and planning board; to authorize the employment of personnel; to provide for appeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Douglas County shall have the right to create and establish restricted zones or districts throughout the territorial limits of Douglas County outside the limits of incorporated towns and municipalities in said county; to define the character and kind of buildings or structures that may be erected in such areas or districts; to prohibit the erection of different buildings or structures therein, provided fifty-one percent of the property owners in area of land within such zone or district consent thereto; to prohibit the use or maintenance of any building in such areas or districts except for the purposes specified, and to adopt rules and regulations for the enforcement of this Act. Zones. Section 2. Said governing authority may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities, or it may establish such areas or districts in any part of said county outside such towns and municipalities. Section 3. Before any such area or district is established or altered by said governing authority, notice of the proposed action of the governing authority shall be given publication once a week for three weeks in the newspaper wherein the sheriff's advertisements in said county are published, and also by posting a notice in three or more conspicuous places within the area to be included in such zoned or restricted area. Said notice shall contain information as to the street or streets, and

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road or roads which might be used as zoned boundaries, to be included in the district, and general information as to the nature of the restrictions sought to be imposed, and shall specify the time and place of the meeting of the governing authority or public hearing, at which such proposed action will be considered. At such meeting of the governing authority, or any subsequent meeting to which the matter may be deferred, opportunity for hearing shall be afforded to any one who has an interest or right in the realty to be affected by the proposed zoning regulation. Any order or decision by the governing authority issued after said hearing may be reviewed by writ of certiorari issued from the superior court, upon the same terms as such writs are issued in any case. Procedure. Section 4. In the case of buildings already erected in any proposed restricted area being used or designed for a purpose contrary to that which it is proposed to provide in such restricted area, the governing authority may limit the further extension, maintenance or use of any such building beyond that existing at the time the proposed restriction is to take effect. Existing uses. Section 5. Any building or structure erected, occupied, used or maintained in violation of the provisions of this Act, or in violation of the order of the governing authority in pursuance of this Act, is hereby declared to be a nuisance, and it is hereby made the duty of the solicitor-general of the circuit in which Douglas County is located to prosecute all persons violating the provisions of this Act. This remedy is cumulative of other remedies provided by law for the abatement of nuisances. Said solicitor may proceed by prosecution of the guilty persons or by action to abate a nuisance or by injunction or otherwise, as he may see fit. This section shall not derogate from the right of any interested persons to proceed otherwise. Violations. Section 6. Any person, firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of the Act, shall be guilty of a misdemeanor

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and, upon conviction, shall be subject to fine or imprisonment, or both, as provided by law. Section 7. The governing authority of Douglas County shall have the right, and they are directed, to make and establish rules and regulations to carry into effect this Act, and to enforce same, and they are authorized and directed to make additional rules and to modify those existing from time to time, as they may see fit, in order to better carry out the purposes of this Act. Rules and regulations. Section 8. This Act shall not repeal any law now in force restricting the construction and defining the conditions under which cemeteries, hospitals and other similar institutions may be constructed and maintained within Douglas County, Georgia. Cemeterics, hospitals. Section 9. The governing authority may from time to time, alter or change the boundaries of any restricted area or district authorized by this Act, or the restriction upon the whole or any part of the property included within any restricted area theretofore established by authority of the governing authority; provided, consent thereto is obtained from fifty-one percent of the owners in area of land in such affected zone or district, and the same notice and opportunity to be heard is given as provided in Section 3 of this Act for the establishment of a restricted area or district. Changes. Section 10. The governing authority is hereby authorized to establish a zoning and planning board to assist in performing the functions of the governing authority under this Act. If such zoning and planning board is created, it shall consist of three members, to be appointed by the governing authority under such rules and regulations as the governing authority may prescribe. The governing authority is hereby authorized to employ such personnel as it deems necessary to assist it in the performance of its functions under this Act, and such personnel may include technical experts in the field of zoning and planning. The compensation of such personnel shall be paid from the general funds of Douglas County. Zoning and planning board.

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Section 11. If any part of this Act should, for any reason, be declared unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Act, and the remaining part of the Act shall remain of full force and effect as if such Act had been passed with the unconstitutional part thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining part of this Act without including therein any such part which is declared unconstitutional as aforesaid. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce local legislation to provide for zoning and planning for Douglas County and for other purposes. (Signed) A. A. Fowler, Jr., Representative. J 27 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. A. Fowler, Jr., who, on oath, deposes and says that he is Representative from Douglas County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel, which is the official organ of said county, on the following dates: Jan. 13, 1956, Jan. 20, 1956 and Jan. 27, 1956. /s/ Alpha A. Fowler, Jr., Representative, Douglas County.

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Sworn to and subscribed before me, this 31 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved February 27, 1956. IRWIN COUNTY COMMISSIONERS. No. 171 (Senate Bill No. 131). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Irwin County, Georgia, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended so as to strike the last sentence of Section 1 of said Act; 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 Roads and Revenues of Irwin County, Georgia, approved February 16, 1933 (Ga. L. 1933, p. 571), is hereby amended by striking the last sentence of Section 1 of said Act in its entirety so that Section 1 as amended shall read as follows: Board. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that a Board of Commissioners of Roads and Revenues for the County of Irwin, consisting of three members from the county at large, is hereby created.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 27, 1956. CITY COURTS IN CERTAIN COUNTIES. No. 172 (Senate Bill No. 118). An Act to abolish city courts in certain counties having civil and criminal jurisdiction in such counties concurrent with the superior courts therein; to try and dispose of all civil cases of whatever nature wherein the principal claimed or involved is more than one hundred ($100.00) dollars, except those in which the Constitution of this State has given the superior courts exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in such counties; to provide for the disposition of all matters and records of such 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. City courts in all counties of this State having a population of not more than 23,400 and not less than 22,700 according to the 1950 Federal census, or any future such census, having civil and criminal jurisdiction in such counties concurrent with the superior courts therein to try and dispose of all civil cases of whatever nature wherein the principal claimed or involved is more than one hundred ($100.00) dollars, except those of which the Constitution of this State has given the superior courts exclusive jurisdiction, and with criminal jurisdiction to try and dispose of all offenses below the grade of felony committed in such counties, are hereby abolished as of December 31, 1956. City court abolished in certain counties.

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Section 2. All matters pending before any such city court in any such county on the effective date of this Act, shall be transferred to the superior court of such county, and all matters, papers and other property of any such court shall be turned over to the clerk of the superior court of any such county. Section 3. In all such counties no successor to any officer of any such city court shall be elected in the year 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. JENKINS COUNTYTAX COMMISSIONER'S SALARY. No. 173 (Senate Bill No. 149). An Act to amend Act to create the office of Tax Commissioner of Jenkins County, Georgia, to provide and fix the compensation of said office and for other purposes, so as to remove the limitation on the salary of Tax Commissioner of Jenkins County, Georgia, and to increase the salary from $1,800 per annum to $2,400 per annum. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act creating the office of Tax Commissioner of Jenkins County, Georgia (Ga. L. 1943, pp. 1061, 1062) as amended by the Act of the General Assembly by the Act of 1945 (Ga. L. 1945, pp. 1176, 1177) as amended by the Act of the General Assembly by the Act of 1950, (Ga. L. 1950, pp. 2613, 2615) be amended by striking from the Act of 1950, page 2613, 2615 the words eighteen hundred dollars ($1,800.00) per annum

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payable monthly effective March 1, 1950 and substituting therefor the words, twenty-four hundred dollars ($2,400.00) per annum, payable monthly, effective March 1, 1956, so that said section when amended shall read: Section 2. Be it further enacted by authority aforesaid that the salary of the tax commissioner shall be twenty-four hundred dollars ($2,400.00) per annum payable monthly effective March 1, 1956, plus any and all commissions received and collected by State taxes, regular or special. Said rate of commission to be determined by the officials of the State Revenue Department or their successors from time to time. Said tax commissioner's salary shall be payable from the funds of the Board of Roads and Revenues of Jenkins County, Georgia. Salary. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 27, 1956. PENSION SYSTEM IN CERTAIN CITIES. No. 174 (Senate Bill No. 142). An Act to amend an Act entitled an Act to provide that cities having a population of more than 150,000 by the United States census of 1920 or any subsequent census shall furnish pensions to all officers and employees of such cities who have served twenty-five years and for the other purposes set forth in the Act approved August 20, 1927 (Ga. L., 1927, p. 265) and the several Acts amendatory thereof, so as to provide that former members of the pension fund who have

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heretofore retired for the purpose of re-entering the employ of any other political subdivision of Georgia having a pension fund of its own and requiring contributions from employees, shall be entitled to receive from the board of trustees all sums contributed by such employee or by the city to match the contribution of such employee or accumulated as a reserve, matching funds or contributions from any other source; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act described in the caption hereof, approved August 20, 1927 (Ga. L. 1927, p. 265) and the several Acts amendatory thereof, be and the same are hereby further amended as follows: Section 1. Any officer or employee who has heretofore left the employment of any city within the classification provided by this Act for the purpose of re-entering the employment of any other political subdivision of Georgia where he was employed prior to transferring to the city, which has a pension fund and which requires employees to contribute thereto, the board of trustees of the pension fund of any such city shall pay into the pension fund of such other political subdivision of Georgia where said employee shall become re-employed, the full amount of contribution of such employee while an employee of such city, together with the matching funds paid by such city into the pension fund, and all other reserves accumulated or received from any source as a contribution toward said pension fund by reason of the services of such officer or employee, provided such officer or employee shall re-enter the employment of the political subdivision of Georgia where he was formerly employed, within a period of not more than three years from the date he left the service of such political subdivision of Georgia. Contributions of employees leaving city's service. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved February 27, 1956.

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RINCONELECTION HOURS. No. 175 (House Bill No. 403). An Act to amend an Act incorporating the Town of Rincon in the County of Effingham, approved August 3, 1927 (Ga. L. 1927, p. 1497), so as to provide the hours for holding an election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Rincon in the County of Effingham, approved August 3, 1927 (Ga. L. 1927, p. 1497), is hereby amended by striking from the seventh line of Section 4 of said Act the words and figure eight (8) o'clock and inserting in lieu thereof the words and figure ten (10) o'clock and Section 4 is further amended by striking from the eighth line of said section the words and figure four (4) o'clock and inserting in lieu thereof the words and figure seven (7) o'clock, so that said section as amended shall read as follows: Section 4. Be it further enacted, that on the second Thursday in December, 1927, and annually thereafter on the same Thursday mentioned, an election shall be held at some public place in said town for a mayor and four aldermen, by usual qualified voters of said town, whose terms of office shall be for one year, or until their successors elected and qualified. Said election shall be opened at ten (10) o'clock A. M. and close at seven (7) o'clock P. M. to be held under the superintendence of a justice of the peace and two freeholders of said town, or by three freeholders of said town, under the forms and regulations prescribed by law for holding elections for members of the General Assembly of Georgia. All persons qualified to vote for members of the General Assembly of Georgia shall be qualified to vote in all elections held in said town. Election of mayor and aldermen.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. City of Rincon, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, convening January 9th, 1956, for the passage of a Bill, entitled as follows: An Act to amend the charter of the City of Rincon, incorporated under an Act of the General Assembly of Georgia, approved August 3, 1927, (Ga. L., 1927, p. 149) to change the hours for election of municipal officers of said city, so as to provide that the polls shall open at 10 o'clock, A. M., and close at 7 o'clock, P. M., on the day of election for such officers in the said town of Rincon; This 6th day of Jan., 1956. W. F. McKenzie, Mayor. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. N. Ramsey, Sr., who, on oath, deposes and says that he is Representative from Effingham County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald, which is the official organ of said county, on the following dates: Jan. 13-20 and 27-1956. /s/ H. N. Ramsey, Sr., Representative, Effingham County.

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Sworn to and subscribed before me, this 31 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved February 27, 1956. TAX SALES IN CERTAIN COUNTIES. No. 176 (House Bill No. 365). An Act to permit a sheriff of any county in the State of Georgia having a population in excess of 12,100 but no more than 12,200, according to the census of 1950, or that may hereafter have such a population, to delegate to the tax collector or tax commissioner of such county, the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by sheriffs, such authority to apply only to tax fi. fas. issued by such tax collector or tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sheriff of any county in the State of Georgia having a population in excess of 12,100 but no more than 12,200, according to the census of 1950, or that may hereafter have such a population, may delegate to any tax collector or tax commissioner of such county the power and authority to levy and conduct judicial sales in the manner now provided by law for sales by sheriffs, such authority to be limited only to tax fi. fas. issued by such tax collector or tax commissioner. Notice of intent to confer such power and authority shall be made in writing to such tax collector or tax commissioner

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whereupon he shall then be vested with the full power and authority to levy and conduct judicial sales with respect to tax fi. fas., and with respect to any property subject to levy, in the same manner and as fully and effectively as if done by the sheriff of such county; and this authority shall apply to all tax fi. fas. whether issued prior or subsequent to the passage of this Act and to the conferring of such powers and authority upon such tax collector or tax commissioner; and all the acts of such tax collector or tax commissioner in exercising the powers and authority conferred under this Act shall be to the same lawful effect as if done by the sheriff of such county. Tax sales in certain counties. Section 2. Any sheriff desiring to delegate the power and authority permitted under this Act shall file signed copies of a letter of delegation with the clerk of the superior court of such county who shall enter such letter in the minute books of that court. The power and authority delegated in the manner provided by this Act shall be effective to such tax collector or tax commissioner or successor in the office, until revoked in writing by such sheriff or his respective successor in office, copy of which letter of revocation shall be filed with the clerk of the superior court. Delegation of authority to tax collector or commissioner. Section 3. The tax collector or tax commissioner may delegate such powers and authority as may be conferred upon him under this Act to any authorized representative or deputy appointed by such tax collector or tax commissioner, and all the acts of such authorized representative or deputy shall be to the same lawful effect as if done by such tax collector or tax commissioner. Deputies. Section 4. The tax collector or tax commissioner shall not be required to post a new bond in addition to that now required of such tax collector or tax commissioner, but, upon acceptance of the powers and authorities provided in this Act, the tax collector or tax commissioner shall be responsible that such board as is required by law of such officer shall cover the exercise of the power and authority delegated pursuant to this Act. Bonds.

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Section 5. The compensation to be paid the tax collector or tax commissioner exercising the powers and authority provided for in this Act shall be the same as that fixed by law for the compensation of sheriffs performing similar acts and shall be paid in the same manner; provided that in any county in which the tax collector or tax commissioner is compensated by salary rather on a fee basis, such fees shall be paid into the county treasury. Compensation. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956. CONSOLIDATION OF SCHOOLS IN CERTAIN COUNTIES. No. 180 (Senate Bill No. 52). An Act to provide that no schools in any county having a certain population shall be consolidated without a vote of the persons living in the affected county; to provide for a commission to submit its findings as to the location of any proposed consolidated school; to provide exceptions; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. No two or more schools in any county having a population of not less than 8,500 and not more than 8,600 according to the last or any future United States census, shall be consolidated into one school except as provided hereinafter. In the event the county board of education of any such county shall decide that two or more schools should be consolidated into one school, such decision shall be submitted to the State Board of

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Education. The State board shall then appoint a commission for the purposes hereinafter provided. Said commission shall be composed of not more than five members. The commission shall be created within 20 days of the receipt of the aforesaid decision. The commission shall study the proposal of the board of education of the affected county and shall visit said county and seek to familiarize itself with the facts and circumstances involved. The members of the commission shall be paid the sum of $20.00 per day for each day on which they perform their duties under this Act, and in addition thereto, shall receive their actual expenses incurred while engaged in the performance of their duties. All such payments shall be made by the board of education of the affected county, and shall be a legal expenditure of funds by said board. The sole duty of the commission shall be to determine the location which it deems best suited for a consolidated school. The commission shall render its decision within 30 days from the date of its creation, and shall submit its decision within such time to the State Board of Education, and an exact copy thereof to the county board of education of the affected county, and an exact copy thereof to the ordinary of the affected county. Consolidation in certain counties. It shall be the duty of the ordinary to issue the call for an election within 10 days after receipt of the aforesaid copy. He shall set the date of the election for a day not less than 20 nor more than 30 days from the date of the issuance of the call. The purpose of the election shall be for the purpose of submitting the question of location to the voters of the county. The ordinary shall cause the date and purpose of the election to be published once a week for 2 weeks immediately preceding the date thereof, in the official organ of the county. The ballot shall have printed thereon the words: Referendum. For location of (here list the names of the schools which are proposed to be consolidated) at (here place the location decided upon by the commission). Against location of (here list the names of the schools

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which are proposed to be consolidated) at (here place the location decided upon by the commission). If a majority of those persons voting in such election vote in the affirmative, the county board of education shall then proceed with the procedure necessary to effect the consolidation at such location. If less than a majority of those persons voting in such election vote in the affirmative, no consolidation of such schools shall be effected at such location or at any other location, and the county board of education shall not attempt to consolidate any of such schools within a period of one year from the date of the election. The expense of such election shall be borne by the county. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 2. This Act shall become effective upon its passage and approval by the Governor, or its otherwise becoming a law, and all building or construction of any nature or any new consolidation project thereafter in any such county shall be postponed until the entire procedure of this Act shall be followed. Provided, however, that in the event the entire membership of the board of education in any such county, by unanimous concurring vote, agree on a location, it shall not be necessary that the provisions of this Act be followed. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 27, 1956.

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DOUGHERTY COUNTYFIRE PROTECTION. No. 182 (House Bill No. 381). An Act to provide for fire protection districts in Dougherty County; to authorize the governing authority of Dougherty County to levy a tax on the taxable property in such districts for fire protection purposes; to authorize the governing authority to contract for fire protection service; to authorize the adoption and enforcement of fire safety regulations; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. For the purpose of providing fire protection, there is hereby established two fire protection districts in Dougherty County. The West District shall begin at a point on the Lee County line, in the northeast corner of LL 328, 1st Land District, and go west 3.6 miles along county line to northwest corner of LL 409 to north point of district line between 1st and 2nd land districts (See Dougherty County Land Lot Map, dated March 1948, revised September 1951); from here go south along district line 7.5 miles to Lily Pond road; then go east along south side of Lily Pond road 3.2 miles to west bank of Flint River; then go north along west bank of Flint River 7 miles to northeast corner of LL 326 at Georgia Power Company bridge; from here go north along land lot line 6,000 feet (1.1 miles approximately) to starting point in northeast corner of LL 328 on county line, and shall contain all or part of Land Lots #300, 304, 305, 306, 307, 317, 318, 319, 320, 321, 327, 328, 329, 330, 336, 337, 338, 339, 340, 357, 358, 359, 360, 361, 362, 367, 368, 369, 370, 375, 376, 377, 378, 379, 380, 397, 398, 399, 400, 401, 402, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 418, 419 and 420. Fire protection districts. The East District shall start from the east bank of Flint River at point in southwest corner of LL 273 go east 1.9 miles to east side of Blue Springs road at southeast

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corner of LL 223; now go north 1.5 miles to south side of State Route 257 (Holley Highway); continue along south side of SR 257 about 2.8 miles to northwest corner of U. S. Marine Corps Supply Depot property; from here go east along north side of Atlantic Coast Line R. R. right-of-way 1.2 miles to southwest corner of LL 153, 1st Land District; then go north along land lot line 3.4 miles to east bank of Flint River, and shall be composed of all or part of Land Lots Nos., 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238 and 239. Section 2. The governing authority of Dougherty County is hereby authorized to furnish fire protection to the fire protection districts by contract with the City of Albany. Section 3. The governing authority of Dougherty County is hereby authorized to adopt and enforce fire safety regulations for Dougherty County. Section 4. The governing authority of Dougherty County is hereby authorized to levy a tax of not to exceed five (5) mills upon the taxable property of such districts to defray the costs of providing fire protection service within such district. Taxation. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1956 session of the General Assembly of Georgia a bill to provide for fire protection districts in Dougherty County, Georgia; to authorize the Commissioners of Roads and Revenues of Dougherty County to levy a tax on the taxable property in such districts for fire protection purposes; to empower the Commissioners

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of Roads and Revenues of Dougherty County to contract with municipal corporations, other counties, individuals or corporations for fire protection service; to empower the Commissioners of Roads and Revenues of Dougherty County to adopt and enforce fire safety regulations; to repeal conflicting laws and for other purposes. Jim Denson, G. Stuart Watson, Representatives, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and that an exact copy of the above notice was published in the Albany Herald on December 23 and 30, 1955, and January 4, 1956. This 30 day of January, 1956. /s/ James H. Gray. Sworn to and subscribed before me, this 30 day of Jan., 1956. /s/ G. Stuart Watson, Notary Public, Dougherty County, Ga. Approved February 27, 1956. IDEAL CORPORATE LIMITS. No. 185 (House Bill No. 405). An Act to amend an Act incorporating the Town of Ideal, in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 730), as amended, so as to change the corporate limits of said town; to repeal conflicting laws; and for other purposes.

Page 2601

Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Ideal, in the County of Macon, approved August 22, 1907 (Ga. L. 1907, p. 730) is hereby amended by striking Section 2 in its entirety, and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The corporate limits of said town shall be as follows: Starting at a certain iron pin in the center of the intersection of Tom Watson Avenue with Commerce Street and running thence due east about 2640 feet to the point where said line running east intersects with Whitewater Creek, said point of intersection with Whitewater Creek being the point of beginning hereof; run thence due south for a distance of 4030 feet; run thence due west for a distance of 3224 feet to Dominey Branch; run thence in a northwesterly direction along the run of Dominey Branch about 3665 feet to a certain fence which divides the property of Felker and Lightner on the west from the property of Poole on the east; run thence in a northerly direction along the said property line for a distance of about 3601 feet to Sand Creek; run thence in a northeasterly direction along the run of Sand Creek to Cedar Creek; run thence along the run of Cedar Creek in an easterly direction to Whitewater Creek; run thence along the run of Whitewater Creek in a southeasterly direction to the said point of beginning. Description. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legislative Notice. Georgia, Macon County: Notice is hereby given that a local bill will be introduced during the next session of the General Assembly of the State of Georgia, convening January 9, 1956, to extend the corporate limits of the Town of Ideal to include

Page 2602

all property lying within the boundaries created by beginning at a point on Whitewater Creek about 2640 feet due east of the intersection of Tom Watson Avenue with Commerce Street and running due south for 4030 feet; thence west for 3224 feet to Dominey Branch; thence northwesterly along Dominey Branch about 3665 feet to a fence dividing the property of Felker and Lightner on the west from the property of Poole on the east; thence northerly along said property line to Sand Creek; thence along Sand Creek to Cedar Creek; thence down Cedar Creek to Whitewater Creek and down Whitewater Creek to starting point. This 30th day of December, 1955. J. Lester Souter, Representative, Macon County. 1-123t. Legislative Notice. Georgia, Macon County: Notice is hereby given that a local bill will be introduced during the next session of the General Assembly of the State of Georgia, convening January 9, 1956, to extend the corporate limits of the Town of Ideal to include all property lying within the boundaries created by beginning at a point on Whitewater Creek about 2640 feet due east of the intersection of Tom Watson Avenue with Commerce Street and running due south for 4030 feet; thence west for 3224 feet to Dominey Branch; thence northwesterly along Dominey Branch about 3665 feet to a fence dividing the property of Felker and Lightner on the west from the property of Poole on the east; thence northerly along said property line to Sand Creek; thence along Sand Creek to Cedar Creek; thence down Cedar Creek to Whitewater Creek and down Whitewater Creek to starting point. This 30th day of December, 1955. /s/ J. Lester Souter, Representative, Macon County.

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Georgia, Macon County: Personally appeared before me, a person duly authorized to administer oaths, J. C. Cox, who on oath says that he is the editor and publisher of the Citizen and Georgian, official newspaper of Macon County, published in Montezuma, Georgia, and that the above Notice of Intention to Introduce Local Legislation was published in said newspaper on the following dates: January 12th, January 19th, and January 26th, 1956. /s/ J. C. Cox Sworn to and subscribed before me this 26th day of Jan., 1956. /s/ W. F. Blanks Notary Public, State of Georgia. Comm. exp. 13 Nov., 1958. (Seal Affixed). Approved February 27, 1956. FRANKLIN COUNTY COMMISSIONER. No. 187 (House Bill No. 198). An Act to repeal an Act creating the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3030); to create the office of Commissioner of Roads and Revenues of Franklin County; to create an advisory board to advise the commissioner; to provide for the election, term of office, compensation, powers, jurisdiction, duties, bond and oath of the commissioner and the advisory board; to provide for commissioner districts for the purpose of electing members of the advisory board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. Effective December 31, 1956, an Act entitled An Act to create the office of Commissioner of Roads and Bridges and a Board of Finance for Franklin County; to provide for the manner of election of the commissioner and for the election of members of the board of finance; to define the duties and powers of the said commissioner and said board; to provide for the division of Franklin County for the purpose of the election of the members of the board of finance; to provide for the salary and term of office of the commissioner and the members of the board; to provide for a referendum for the approval or rejection of this Act by the people of Franklin County; to repeal all conflicting laws; and for other purposes, approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3030), is hereby repealed in its entirety. Act of 1953 repealed. Section 2. Effective January 1, 1957, the office of Commissioner of Roads and Revenues of Franklin County is hereby created. The commissioner shall be elected at the regular election to be held for State and county officers in 1956 and every four years thereafter, in the same manner as other county officers are elected. The commissioner shall serve for a term of four years and until his successor is elected and qualified. He shall enter upon the discharge of his duties on the January 1 following his election. If a vacancy occurs in the office, it shall be filled by a special election to be called by the ordinary within thirty (30) days after the vacancy occurs and held within thirty (30) days after the call. Pending such an election, the chairman of the advisory board shall serve as commissioner until the vacancy is filled. Any person, in order to be eligible to serve as commissioner, must be at least twenty-one (21) years old, must have resided in Franklin County for at least one year immediately preceding the date of the election, and must be qualified and registered to vote for members of the General Assembly. Commissioner. Section 3. The commissioner shall receive a salary of not less than three thousand dollars ($3,000.00) and

Page 2605

not more than five thousand dollars ($5,000.00) per year, payable monthly out of county funds. The advisory board hereinafter created shall determine the salary to be paid the commissioner for that year, at the first meeting held by the board in each year, and if the board should fail to determine the salary to be paid the commissioner for that year, the commissioner shall receive the last salary determined by the board. Provided, however, that if the board should fail to determine the salary of the commissioner at the first meeting held in 1957, the commissioner shall receive a salary of $4,000.00 for that year. Compensation. Section 3A. The commissioner shall be furnished an automobile for use in the performance of the duties of his office by Franklin County, and the county shall furnish the necessary gas, oil and repairs for same. The commissioner shall be compensated for his expenses while outside Franklin County in the performance of his duties, provided that such expenses shall not exceed $500 per annum. Automobile. Section 4. Before entering upon the discharge of his duties, the commissioner shall take an oath to faithfully perform his duties as commissioner, and shall give bond with good security approved by the ordinary, payable to the Treasurer of Franklin County, in the sum of ten thousand dollars ($10,000.00), conditioned upon the faithful performance of his duties as commissioner, the cost of such bond to be paid from county funds. Oath, bond. Section 5. The commissioner is hereby authorized to employ a clerk, who shall be compensated in an amount to be determined by the commissioner, to be paid from the funds of Franklin County. It shall be the duty of the clerk to keep the minutes and records of proceedings of the commissioner and the advisory board, and to perform other duties prescribed by the commissioner. Clerk. Section 6. The commissioner shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the ordinary, when sitting for

Page 2606

county purposes, and is hereby expressly given complete power, authority and control relative to county matters of Franklin County. Powers. Section 7. The commissioner is hereby authorized and directed to have the books of Franklin County audited annually by a certified public accountant, and present the findings of the audit to the first grand jury sitting each year in Franklin County. The commissioner shall determine the compensation to be paid the auditors. Audits. Section 8. On all purchases of equipment where the purchase price exceeds two hundred and fifty ($250.00) dollars, the purchase shall be made on a competitive bid basis. The commissioner shall make all purchases for Franklin County. However said commissioner, with the approval of the advisory board, shall not be required to accept the lowest bid on said equipment if said equipment does not meet the standards and requirements set by said commissioner and advisory board. The commissioner shall not employ in any capacity, or make purchases from or sales to any member of his immediate family or persons related by consanguinity or affinity to the commissioner within the fourth degree, as computed according to civil law. Purchases. Section 9. There is hereby created an advisory board, to be composed of three (3) members, who shall be residents of the county. Each member shall reside in the commissioner district which he represents. The members of the advisory board shall be appointed by the grand jury of Franklin County in September, 1956, and shall hold their office for one, two, and three years respectively, as fixed by the grand jury. Thereafter, the last grand jury sitting each year shall elect a successor to the member of the advisory board whose term expires that year, for a term of three (3) years. In the event a vacancy occurs on the board, the next grand jury sitting after the vacancy occurs shall elect a successor to serve for the unexpired term. No member of the advisory board shall be eligible to hold any other county office, and no person shall be a member who holds a State office. Advisory board.

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Section 10. For the purpose of electing the members of the advisory board, Franklin County is hereby divided into three (3) commissioner districts: First District: Maleys, Canon, Middle River and Gunnels Militia Districts; Districts. Second District: Carnesville, Dooleys, Ashland, Stranger and Flintsville Militia Districts; Third District: Bryants, Cumlog, Wellborn and Red Hill Militia Districts. At all times, one member of the advisory board shall reside in and represent each of the commissioner districts. Should a member of the advisory board move his residence from the commissioner district which he represents, his membership shall terminate, and the next grand jury sitting shall fill the vacancy. Section 11. The advisory board shall meet in the office of the Commissioner of Roads and Revenues of Franklin County on the second Tuesdays in each month, and at any other time upon the call of the commissioner or the chairman of the advisory board, such chairman to be elected by the advisory board at its first meeting in each year. Two members of the board shall constitute a quorum for the transaction of business. The commissioner shall preside at all meetings of the board, except the first meeting held in each year, when the salary for the commissioner is determined for that year. The chairman of the board shall preside at the first meeting held each year, when the salary of the commissioner is determined, and at other meetings in the absence of the commissioner. The advisory board shall serve in advisory capacity and to determine the salary of the commissioner. It shall be their duty also to approve all accounts, warrants and vouchers which may be necessary for the payment of all purchases and to authorize the commissioner to issue a check for their payment. Meetings and duties of advisory board. Section 12. The members of the advisory board shall

Page 2610

lots 4, 5, 8, 9 and 10 of the Owens Survey recorded in book 6, page 4, in the office of the Clerk of the Superior Court, Appling County, Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce and apply for the passage of a local bill at the 1956 session of the General Assembly of the State of Georgia, which convenes on January 9, 1956, which said bill shall be entitled in substance as follows: An Act to repeal an Act approved March 23, 1933 (Ga. L., 1933, p. 874), providing for the exclusion from corporate limits of City of Baxley, Georgia, of Subdivision Lots 4, 5, 8, 9 and 10 of the Owens Survey, a plat of which is recorded deed book 6, page 4, in Office of the Clerk of Superior Court, Appling County, Georgia; to amend the charter of the City of Baxley so as to include said subdivision lots within the corporate limits of the City of Baxley; and to repeal any laws in conflict therewith. /s/ W. C. Parker, Representative. We, the undersigned, Mayor and Council of the City of Baxley, Georgia, have requested, and do request, the passage of a bill at the 1956 session of the General Assembly of Georgia in accordance with the above notice. /s/ J. M. Dunn, Mayor. /s/ A. S. Robinson, /s/ J. B. Carter, /s/ G. B. Bland, /s/ Morris Wolfson, Councilmen. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce and

Page 2611

apply for the passage of a local bill at the 1956 session of the General Assembly of the State of Georgia, which convenes on January 9, 1956, which said bill shall be entitled in substance as follows: An Act to repeal an Act approved March 23, 1933 (Ga. L., 1933, p. 874) providing for the exclusion from corporate limits of City of Baxley, Georgia, of Subdivision Lots 4, 5, 8, 9, and 10 of the Owens Survey, a plat of which is recorded deed book 6, page 4, in Office of the Clerk of Superior Court, Appling County, Georgia; to amend the charter of the City of Baxley so as to include said subdivision lots within the corporate limits of the City of Baxley; and to repeal any laws in conflict herewith. W. C. Parker, Representative, We, the undersigned, Mayor and Council of the City of Baxley, Georgia, have requested, and do request, the passage of a bill at the 1956 session of the General Assembly of Georgia in accordance with the above notice. J. M. Dunn, Mayor A. S. Robinson, J. B. Carter, G. B. Bland, Morris Wolfson, Councilmen. 1/5, 12, 19. Georgia, Appling County. Baxley, Georgia, January 28, 1956. To whom it may concern: Personally appeared before the undersigned, an officer of said county and State duly authorized and empowered to administer oats, Albert S. Jenkins who first being duly sworn on oath says that he is the editor and publisher of The Baxley News Banner, official organ of Appling

Page 2612

County, Georgia, and that the herewith attached Notice of Intention to Introduce Local Legislation appeared as paid legal advertising in three consecutive weekly issues of said newspapers, to wit: on January 5, 1956; on January 12, 1956 and on January 19, 1956. This 28th day of January, 1956. /s/ Albert S. Jenkins. Sworn to and subscribed before me this 28th day of January, 1956. /s/ Jack W. Ballenger. Notary Public, Appling County, Georgia. My comm. expires Sept. 20, 1959. (Seal) Approved February 27, 1956. ASSISTANT SOLICITOR-GENERAL IN CERTAIN COUNTIES. No. 192 (House Bill No. 462). An Act to amend an Act of the General Assembly of Georgia of 1890-91, page 223, providing for the appointment of special criminal bailiffs in counties having a population of twenty thousand, or more, as amended by the General Assembly of Georgia of 1929, pages 177-79 and 179-82, providing for the salary of said special bailiffs in counties having a population of not less than seventy thousand and not more than ninety thousand, as amended by the General Assembly of Georgia of 1937, page 790 providing for appointment of assistant solicitor-general in lieu of special criminal bailiff in counties having a population of not less than 70,000 nor more than 80,000 according to the United States census of 1930 or any future census by providing that in counties having a population according to the United States census of 1950 or any future United

Page 2613

States Census of not less than 120,000 nor more than 150,000 there shall be an assistant solicitor-general in lieu of said special criminal bailiff; providing for the salary of said assistant solicitor-general and for the oath, duties and qualifications for such office and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby enacted by the authority of the same that the Act of the General Assembly of Georgia of 1890-91, to wit: Georgia Laws 1890-91, page 223, the same providing for the appointment of special criminal bailiffs in counties of this State having a population of twenty thousand (20,000), or more and the amendments to said Act by the General Assembly of Georgia of 1929, to wit: Georgia Laws, 1929 pages 177-79 and 179-82, providing for the salary of said special criminal bailiffs in counties having a population according to the United States census of 1920, or any future United States census of not less than seventy thousand (70,000) and not more than ninety thousand (90,000) and the amendments to said Act by the General Assembly of Georgia of 1937, to wit: Georgia Laws 1937, pages 790-792 providing for an assistant solicitor-general instead of a special criminal bailiff in counties of this State having a population of not less than seventy thousand (70,000), and not more than eighty thousand (80,000) be and the same are hereby amended by the following provisos; Provided however that in all counties of this State having a population according to the United States census of 1950, or any future United States census of not less than one hundred twenty thousand (120,000) and not more than one hundred fifty thousand (150,000) the solicitor-general may appoint, with the approval of the judges of the superior court or the approval of the senior judge of the superior court of the circuit wherein the county of the appointment is situated, an assistant solicitor-general; the said assistant solicitor-general to be subject to removal by the solicitor-general, with the approval of the judges of the superior court, for misconduct in office

Page 2614

or other sufficient cause to be judged by them. Said assistant solicitor-general shall be appointed as aforesaid in lieu of the special criminal bailiff hereinbefore provided. Said assistant solicitor-general when appointed, and before assuming the office shall take the same oath of office, in substance, as is prescribed for solicitor-general in this State. The duties of the said assistant solicitor-general shall be to assist the solicitor-general in the performance of his duties in the county of the assistant solicitor-general's appointment, and to act therein for the solicitor-general in the case of his absence, sickness, or otherwise; the said assistant solicitor-general to act as a special investigator in preparing criminal business pending in the superior court in the county of said assistant's appointment. The salary of the said assistant solicitor-general shall be fixed by the county commissioners of said county, but shall not be less than two hundred ($200.00) dollars per month, to be paid monthly out of the county treasury of the county of said assistant's appointment, and he shall be entitled to be paid monthly out of the county treasury of such county the sum of fifty ($50.00) dollars per month for car allowance so long as he uses his car in connection with his office. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted that the said assistant solicitor general shall have been a resident of the county of his appointment for a period of at least one year prior to his appointment; that he shall be at least twenty-one years of age at the time of assuming the office and shall have been engaged in the practice of law for a period of at least three years prior to his appointment. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted that all laws or parts of laws in conflict herewith be, and the same are hereby repealed. Approved February 27, 1956.

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ASSISTANT SOLICITOR-GENERAL IN CERTAIN COUNTIES. No. 194 (House Bill No. 427). An Act to provide for the appointment of a special trial assistant in the office of the solicitor-general in all counties of this State having a population of not less than 75,000 and not more than 112,500 according to the United States census of 1950 or any future United States census, to provide for his duties, compensation, authority, term of office, and removal, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. In all counties of this State having a population of not less than 75,000 and not more than 112,500 according to the United States census of 1950 or any future United States census, the solicitor-general, with the approval of the superior court judge or judges, of the judicial circuit in which said county is located, may appoint for his office in said county a special trial assistant, in addition to such other clerks and assistants which he is authorized to appoint under the law. Counties in which applicable. Section 2. The special trial assistant shall be subject to removal by the solicitor-general with the approval of the superior court judge or judges for misconduct in office or other sufficient cause, or when his services are no longer required. Section 3. The special trial assistant to the solicitor-general, after receiving his appointment, but before assuming the duties of office, shall take the same oath of office as is prescribed for the solicitor-general of the various judicial circuits of this State. The special trial assistant shall have such authority as may be delegated to him by the solicitor-general under whom he holds his

Page 2616

appointment, and when acting on behalf of the solicitor-general, he shall have all the authority and power, as well as the duties of the solicitor-general in the courts of the county of his appointment. Oath. Powers, duties. Section 4. The special trial assistant to the solicitor-general shall receive as compensation for his services a salary of three hundred and twenty-five (325) dollars per month, which shall be paid out of the treasury of the county of his appointment as a part of the court expenses for said county; however, he may receive in addition to his salary an allowance for the use of his own automobile in connection with the discharge of the duties of his office, provided such additional allowance is approved by the board of commissioners of roads and revenue, or other proper fiscal authority, of such county. Compensation. Section 5. No person shall be eligible to appointment to the office of special trial assistant to the Solicitor-General, who has not been a resident citizen of this State for three years, and of the county for at least one year, just preceding such appointment, and who does not permanently reside in the circuit at the time of such appointment, and who has not attained the age of twenty-five years and who has not been duly admitted and licensed to practice law in the Superior Courts of Georgia for at least three years. Qualifications. Section 6. Nothing contained in this Act shall be construed to repeal or conflict with any legislation heretofore enacted providing for the appointment of other assistants and clerks in the office of any of the solicitor-generals of the various judicial circuits of this State. /s/ R. Lee Chambers, /s/ Carl E. Sanders, /s/ W. W. Holley, Signatures of the Authors. Approved February 27, 1956.

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PERRYELECTION OF MAYOR AND COUNCILMEN. No. 198 (House Bill No. 445). An Act to amend An Act to create a new charter for the City of Perry in the County of Houston, and to reincorporate said city, under the name of City of Perry; and to define its territorial limits, to reenact, with certain changes, continue in operation, confirm and consolidate all acts, particularly the Act approved December 12th, 1859, heretofore passed incorporating said town or city amending the charter thereof, and for other purposes, approved March 29th, 1937, by providing for increasing the qualifying fee of each candidate for councilman of the City of Perry from the sum of $1.00 to the sum of $10.00; and to provide for increasing the qualifying fee of each candidate for mayor of the City of Perry from the sum of $5.00 to the sum of $25.00; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same that An Act to create a new charter for the City of Perry in the County of Houston, and to reincorporate said city, under the name of City of Perry; and to define its territorial limits, to re-enact with certain changes, continue in operation, confirm and consolidate all Acts, particularly the Act approved December 12th, 1859, heretofore passed incorporating said town or city amending the charter thereof, and for other purposes, is hereby amended as follows: By strking from paragraph four of Section 4 the words at which time each candidate for councilman shall pay to the city clerk the sum of $1.00 and substituting therefor the words at which time each candidate for councilman shall pay to the city clerk the sum of $10.00; and by striking from paragraph four of Section 4 the words and each candidate for mayor shall pay to the said city clerk the sum of $5.00 and substituting therefor

Page 2618

the words and each candidate for mayor shall pay to the said city clerk the sum of $25.00; so that said Section 4 as amended shall read as follows: Section 4. Election of mayor and council. On the first Tuesday in December, 1937, an election shall be held, at which election a mayor and six councilmen shall be elected, who shall take office on the first day of January, 1938. The mayor and three councilmen shall be elected for a term of two years and the other three councilmen shall be elected for a term of one year. The ballot used in said election shall specify the term of office for which candidates for councilmen are offering, and said candidates, in filing notice of intention to offer for election, shall specify for which term they are offering. Election of mayor and councilmen. All officers shall hold office until their successors are duly elected and qualified. Thereafter there shall be an election in said city on the first Tuesday in December, 1938, for the election of three councilmen to succeed those councilmen whose terms expire on December 31, 1938. The councilmen so elected shall hold office for a period of two years and thereafter the terms of such elected officers shall be two years and an election shall be held on every first Tuesday in December, thereafter, for the election of successors of those officers whose terms expire on December 31st of that year. All candidates, in such elections, shall file with the clerk of said city, at least ten days before said election, a written and signed notice of his intention to offer for election and the office for which he shall offer, at which time each candidate for council shall pay to the said clerk the sum of ten dollars, and each candidate for mayor shall pay to the said clerk a sum of twenty five dollars. The clerk shall keep a record of such qualifications and payments. No persons shall qualify in any said election except such as have complied with these requirements. Said clerk, under the direction of the mayor

Page 2619

and council, shall have official ballots prepared, and no other ballot shall be used or be legal. Qualifying fees. Section 2. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict herewith, be, and they are hereby repealed. Georgia, Houston County: Before me, an officer of said State and county, duly authorized by law to administer oaths, personally appeared C. Cooper Etheridge, who being first duly sworn, deposes and on oath says: That deponent is editor and publisher of Houston Home Journal, a newspaper having general circulation in the County of Houston, State of Georgia; that the Notice of Local Legislation attached hereto was published in Houston Home Journal in three consecutive issues thereon, on January 12, January 19, and January 26, 1956, respectively. This 27th day of January, 1956. /s/ C. Cooper Etheridge. Sworn to and subscribed before me this 27 day of January, 1956. /s/ Eleanor A. Aultman Notary Public, Houston County, Ga. (Seal Affixed). Notice of Local Legislation. Notice is hereby given that there will be introduced in the present session of the General Assembly of the State of Georgia, a local bill to amend An Act to create a new charter for the City of Perry and for other purposes, approved March 29, 1937, and to be found in Georgia Laws of 1937, page 2029 et seq., by increasing the qualifying fee of each candidate for councilman of the City of Perry from the sum of $1.00 to the sum of $10.00; and to increase the qualifying fee for each candidate

Page 2620

for mayor of the City of Perry from the sum of $5.00 to the sum of $25.00. This notice is given in compliance with the Constitution and laws of the State of Georgia. This 10th day of January, 1956. Stanley E. Smith, Jr., Mayor, City of Perry. J. W. Bloodworth, Rep. Houston County. Approved February 27, 1956. HIRAM CHARTER. No. 199 (House Bill No. 415). An Act to amend, consolidate, and supersede the several Acts incorporating the Town of Hiram, in the County of Paulding, State of Georgia; to change the name and corporate title and style of said Town of Hiram to the City of Hiram; to create a new charter and municipal government for said city; to define the corporate limits of said city; to vest in said City of Hiram all properties and right of the former Town of Hiram; and to confirm the title of said city to any property heretofore acquired without charter authority; to provide for and describe the city limits; to authorize said city to acquire and own property, either within or without the corporate limits, for any corporate purpose; to regulate and limit the sale of property in said city; to provide that all valid obligations of the former Town of Hiram shall be binding on the City of Hiram hereby incorporated; to provide that the present mayor and council, and all subordinate officers, of the Town of Hiram serve until election and qualifications of the officers herein provided for; to provide that all ordinances now in force in said town, not in conflict with

Page 2621

this charter, shall remain in force until repealed or superseded; to provide for a mayor and council, and other officials and employees of said city, and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to limit the salaries of mayor and councilmen; to confer on the mayor, and council, certain powers, duties, and privileges; to provide for all elections in and for said city and the method of holding said elections, and the qualifications of voters; to provide a system for the permanent registration of qualified voters of said city and for the purging of disqualified voters' names from the registration books and voters' list, after notice and hearing, by a registrar, whose election by the mayor and council, and powers and duties of said registrar are herein provided; to provide a mayor's court, and for the trial and punishment therein of all offenders against the laws and ordinances of said city, and to prescribe the powers and duties of said court and the method of appeal therefrom; to provide a system of taxation for said city and to confer upon said City of Hiram hereby incorporated all necessary authority to assess, levy, and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a board of tax assessors, to require the return of all property for taxation, and to provide for the assessment of all returned and unreturned property by said tax assessors, and the method of appeal from their findings; to authorize said city to regulate, control, and prohibit all kinds of business, trades, and professions, shows, exhibitions, and entertainments, and for the taxation and licensing thereof; to authorize said city to define and punish unfair competition on the part of any person or corporation doing business in said city, and to provide for the revocation of licenses of persons or corporations guilty thereof; to authorize said city to establish fire limits, and to establish a system of zoning in said city, and to provide the method thereof; to provide for the granting of franchises and encroachments on the streets of said city, and to provide rules

Page 2622

and regulations for public service corporations operating in said city; to authorize said city to establish a board of health; to confer upon said city all necessary authority to establish, maintain, extend, and improve a system of sewerage and drains in said city; to authorize said city to require connection with water and sewer lines, and to enforce the charges therefor against property served, as taxes are enforced; to provide for opening and laying out, establishing, maintaining, and improving, and paving streets, avenues, lanes, alleys, sidewalks and crossing in said city; to authorize said city to pave and otherwise improve for travel and drainage, streets and sidewalks of said city, and to assess the cost thereof, including intersections in the discretion of the mayor and council of said city, against abutting property thereon, and fixing the lien and manner of assessments of such collections; to authorize said city to supply water and electric light and power and gas for public purposes and to its citizens, and to charge therefor, and to maintain public utility systems of all kinds; to authorize said city to enforce collection of water, light, gas, and sewer bills as charges against the premises served, and to cut off services from the premises served where such bills are unpaid, and to authorize said city to require deposits to insure the payment of such bills providing two methods of securing collection of such bills; to provide for a fire department; to provide for cemetries, public parks, public buildings and improvements; to provide for the abatement of nuisance within the corporate limits of said city; to provide for the working of convicts within and without said city, and for chaingang and prison; to authorize said city to contract debts and to issue bonds and revenue certificates in the manner provided by State law, for any lawful corporate purpose or improvement; to authorize said city to condemn property, either within or without the corporate limits thereof, for any lawful public and corporate use of said city, when necessary or proper in the judgment of the mayor and council, and in the manner provided by State law; to provide the police powers of said city,

Page 2623

and the powers and duties of its police officers; to provide in the mayor and council full and complete power and authority to do and perform all acts necessary and proper for the welfare of said city, and for the exercises of the powers and duties herein conferred; to repeal Acts and parts of Acts incorporating said city, in conflict herewith; to create a new charter for said City of Hiram and declare the rights and powers of said corporation; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the Town of Hiram, in the County of Paulding, State of Georgia, heretofore made a body politic, incorporated by the Acts of the General Assembly of Georgia, shall continue a body politic, incorporated, and shall be known by the corporate name of the City of Hiram, and by that name shall be, and is hereby, vested with all the rights, powers, and privileges incidental to municipal corporations in said State; and all powers, rights, privileges, titles, property, and easements heretofore belonging to the Town of Hiram are hereby vested in the City of Hiram, by and in that name, may sue and be sued, contract and be contracted with, plead and be impleaded, have and use the common or corporate seal, make and enact, by and through the mayor and council of said City of Hiram, such ordinances, rules, regulations, and resolutions for the welfare and proper government of said city, and for the transaction of the business thereof, as they may deem good and proper, consistent with the laws and constitution of the State of Georgia and of the United States. Incorporation. Section 2. Be it further enacted, that the title to any propery, real or personal, within or without the corporate limits of said city, heretofore acquired by the Town of Hiram, with or without proper charter authority is hereby

Page 2624

vested in the City of Hiram created by this Act, the acquisition thereof being hereby ratified and made lawful. And the City of Hiram created by this Act is hereby authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess, and retain, temporarily or permanently, any property, real or personal, of any kind whatsoever, either within or without the corporate limits of said city, for corporate purposes. Property. Section 3. Be it further enacted, that no electric-light, gas, water, or other public utility plant or system, now or hereafter owned by the City of Hiram, shall ever be sold, leased or otherwise disposed of by the City of Hiram created by this Act, except in the manner provided by, and in strict compliance with the applicable Georgia laws; and the provisions of said laws being applicable or hereby incorporated as a part of this section by this reference, and shall be a valid part hereof. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particularly property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof. Disposition of public property. Section 4. Be it further enacted by the authority aforesaid, that the corporate limits of the City of Hiram, Georgia, shall be as follows, to wit: Commencing at Moon's crossing on the Southern Railway and going in a northeast direction to north line of right-of-way of the Seaboard Air Line Railway two hundred yards east of the depot of said railway; thence westerly along the north line of the right-of-way of said railway to first trestle; thence down branch from trestle to Gray's mill creek; thence easterly along north bank of said creek to second branch below Dean's mill; thence a straight line to starting point at Moon's crossing. Corporate limits.

Page 2625

Section 5. Be it further enacted, that the City of Hiram created by this Act is hereby made responsible as a body corporate for all legal undertakings, liabilities, and debts of the former Town of Hiram, whether for principal and interest on outstanding bonds, or other contracts or indebtedness. Section 6. Be it further enacted, that the government of the City of Hiram shall be vested in the mayor and five aldermen whose qualifications and manner of election are hereinafter prescribed, and that the present mayor and aldermen together with all subordinate officers elected by said aldermen, subject to the right of the mayor and aldermen to remove, with or without cause, shall continue in office until their successors have been elected and qualified as herein provided. An election shall be held in said city on the first Monday in December, 1957, and every two years thereafter, at which time there shall be elected a mayor who shall hold office for a term of two years beginning on the 1st Monday in January, 1958 and expiring on the 31st day of December, 1959. There shall also be elected five aldermen each of whose terms of office shall begin on the 1st Monday of January, 1958 and expire on the 31st day of December, 1959. There shall also be an election held in and for the City of Hiram on the first Monday in December every two years after the election above mentioned. All subsequent term aldermen shall be elected for a term of two years and until their successors qualify. The successors of the above officials shall be elected by ballot as here inafter prescribed. Mayor and aldermen. (a) Be it further enacted that the governing body of said city shall be known as a mayor and council and that any reference to aldermen shall be held to mean and by synonymous with councilmen. Section 7. Be it further enacted, that any person, a resident of the City of Hiram, and who has been a bonafide resident thereof for twelve (12) months prior to the time of election, and who shall be twenty-one (21) years

Page 2626

of age and a qualified voter of said City of Hiram, shall be eligible to the office of mayor and councilmen of said City of Hiram. Should the mayor or any councilman, during the term of his or her office, remove from the limits of said city or cease to be a bona fide resident thereof, his or her office shall thereby become vacant. Qualifications. Section 8. Be it further enacted, that in event the office of mayor should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take place not more than sixty (60) days from the time such vacancy occurs, under the same rules and regulations that govern the elections in said city. The clerk of said city shall cause notice of the holding of said election, and the time and place thereof, to be published once a week for two weeks prior to said election in the newspaper in which sheriff's advertisements for Paulding County are published; Provided, however, in event such vacancy occurs within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem., or by any councilman elected by the council for that purpose; and Provided, further, in event such vacancy should occur within three (3) months prior to a regular annual election to be held on said first Monday in December, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., or by any councilman elected by the council for that purpose, who shall serve until such regular annual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. In the event the office of one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy shall be filled by the mayor and council by the election of any citizen of said town eligible to hold such office, who shall serve until the next annual election when a councilman shall be elected to fill the remainder of the unexpired term. Vacancies. Section 9. Be it further enacted, that should any election

Page 2627

held in and for said city under the provisions of this Act result in a tie vote, then in that event, the mayor and council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Ties. Section 10. Be it further enacted, that all elections held in and for said city under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace or other judicial officer and two freeholders, or by three freeholders, residents; of said city, to be selected by the mayor and council; and before entering on their duties as managers they shall take and subscribe the following oath: All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace or other judicial officers, or freeholders (as the case may be); that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly prohibit any one from voting who is by law entitled to vote, said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said city shall be open from 7 o'clock A.M. until 7 o'clock P.M., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets; and shall make a certificate of the result on each tally-sheet; and they shall place one of said lists of voters and one of said tally-sheets,

Page 2628

together with the ballots, in an envelope or box, and seal the same and deposit them with the clerk of the Superior Court of Paulding County. The other list of voters and tally-sheet shall be filed by the managers with the mayor and council of said city, who shall meet on the day following said election and declare the results thereof. The clerk of said superior court and the clerk of said city, after the meeting and adjournment of the session of the grand jury of Paulding County, next immediately following said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending. The mayor and council of said city are authorized and empowered to adopt such further reasonable rules for the conduct of elections in said city as they may deem proper. Elections. Section 11. Be it further enacted, that no person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution and laws of Georgia to vote for members of the General Assembly from the County of Paulding, and unless he shall have bona fide and continuously resided in said City of Hiram, as a citizen thereof, for six months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Qualified voters. Section 12. Be it enacted by the authority aforesaid, that there shall be established in the City of Hiram created by this Act a permanent registration system of the qualified voters of said town: (a) Within thirty (30) days after the approval of this Act, the mayor and council of said city shall provide a suitable book for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by Subsection (c) of this section. Registration. In order that orderly registration may be had and full and complete information made available to the registrars hereinafter provided, separate books for the white

Page 2629

and colored races may be provided; and all such books shall be so arranged as to provide for the alphabetical registration (by first letter of surnames only) of voters; and to provide convenient lines and columns for the signatures of voters, followed by notations of the age, sex, race, residence, occupation, and date of registration of each voter, and such data as may be required by the ordinances of said city. (b) The clerk of said city and/or any deputy clerk employed in the office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one issue of the newspaper in which sheriff's advertisements for Paulding County are published. Said clerk and/or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the ten-day period next preceding the date of any election in said city. (c) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am twenty-one (21) years of age (or will be by the time of the next city election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Paulding, and that I have bona fide and continuously resided in the City of Hiram, as a citizen thereof, for six (6) months (or will have by the time of the next city election). The clerk and/or deputy clerk, shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk and/or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex, race, etc., of each person registering. (d) No person registering as herein provided shall be

Page 2630

required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (e) Whenever any election is to be held in and for said city, the said registration books are to be closed ten (10) days before said election and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who have registered less than ten (10) days before the date of such election, or who are otherwise disqualified for any lawful cause; Provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production or records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' lists the names of all persons found to be deceased

Page 2631

or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One copy shall be retained, and two (2) copies shall be filed with the clerk of said city one of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two days before said election. (f) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake. (g) The mayor and council shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. They shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 13. Be it further enacted, that the mayor and councilmen elected on the first Monday in December, 1957 and every two years thereafter shall on the first Monday in January following each election be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor and councilman (as the case may be) of the City of Hiram; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. And on the first Monday in January of each year thereafter

Page 2632

the mayor and councilmen elect, or councilmen elect, shall be installed in office by taking and subscribing said oath. If any such officer fail to be installed on that day, such installation shall take place as soon thereafter as practicable Oath and installation of mayor and councilmen. Section 14. Be it further enacted, that the mayor shall preside at meetings of the council; he shall not be allowed to vote except in the following instances; (1) in case of the vote by the council on any question or measure; where the council vote in the election of a subordinate officer of said city results in a failure to elect any person to such office, said mayor shall have power to appoint some competent person to fill such office until such time as the council shall by a majority vote elect some person to fill such office. Said mayor shall have the veto power and may veto any ordinance, order, or resolution of the council, in which event the same shall not become law or enforceable unless subsequently passed over his veto duly recorded on the minutes. Provided, however, that unless the mayor shall file, in writing, with the clerk his veto of any measures passed by council, together with his reasons for disapproval, within three days after its passage, said measure shall become a law as though approved by him. The mayor may approve, in writing, any measure passed by the council, and it shall go into effect immediately. Mayor's powers and duties. Section 15. Be it further enacted, that the mayor shall be the chief executive officer of said city; have general supervision of the affairs of said city; and shall see that the laws of said city are executed and that the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise, within the corporate limits of said city, all the powers conferred on a sheriff or constable to keep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his

Page 2633

opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. Same. Section 16. Be it further enacted, that the mayor and council of said city shall have full power to fix the time, place and rules of procedure of their regular sessions. And the mayor shall have power to convene the council in special session whenever he deems proper. The mayor and council shall have full and ample power to do and perform any of their duties or powers at a special or called session as at regular session. Meetings of council. Section 17. Be it further enacted, that the mayor and council, annually at their first meeting in January, shall elect one of said councilmen as mayor pro tempore, who shall, in the absence, disability, or disqualification of the mayor, perform all the duties and exercise all the rights, power, and privileges of the office of mayor. Mayor pro tem. Section 18. Be it further enacted, that the mayor and council of said city, annually at their first meeting in January of each year or as soon thereafter as practicable, shall elect a clerk, treasurer, marshal (who shall be chief police officer), and as many other police officers as are necessary and proper, in their opinion, for the conduct and supervision of the various departments of said city and for the good government of said city. Each of such officers shall take such oath, give such bond, and perform such duties as the mayor and council may prescribe. Said officers shall be elected for one year, but shall be subject to removal at any time, with or without cause, holding office at the pleasure of the mayor and council. And at said first meeting of the mayor and council aforesaid, they shall fix the salaries of the clerk, treasurer, marshal (who shall be chief police officer), and the other subordinate officers of said city; and also the salaries of the mayor, mayor pro tem., and councilmen, all of which shall be subject to revision at any time. Other officers. (a) Provided that the mayor or a member of the council

Page 2634

may or may not be elected to fill any subordinate office such as clerk, treasurer, or marshal or any other subordinate office. Provided further that the mayor and council shall have authority to consolidate any or all of said offices into one office and fix the salary in his discretion. Provided further that the mayor and council shall have authority to create any new office not provided for by this Act which becomes necessary in the conduct of the city's business, in the interest of economy or public safety and welfare. Provided further that the mayor and council shall have authority to fill vacancies in any of the subordinate offices as they occur and remove from office any subordinate officer in their discretion. (b) The salary of the mayor shall not exceed $100.00 per annum; nor that of the mayor pro tem., $50.00 per annum; nor that of any other councilmen $25.00 per annum. All salaries shall be paid annually. Salaries. Section 19. Be it further enacted, that there shall be established in the City of Hiram, created by this Act, a mayor's court, which shall be closed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth: (a) Said court shall be held as often as necessary for the trial of offenders. The said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said court shall be presided over by the mayor pro tem.; and in the absence and/or disqualification of both the mayor and mayor pro tem., any councilman of said city may preside over and hold said court. The clerk of said city shall act as clerk of said court, and the marshal who is the chief police officer of said city or other police officer of said city shall attend said court, and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the presiding officer of said court. Mayor's court.

Page 2635

(b) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. (c) The mayor, or other presiding officer, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding $25.00 and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay fine not exceeding $100.00 and to imprisonment in the prison of said city or in the common jail of Paulding County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate limits, not exceeding thirty (30) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (e) All cases made in said court shall be in the name of the City of Hiram; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or the mayor of said city or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the mayor or the presiding officer of said court.

Page 2636

(f) The mayor, or other presiding officer, shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Paulding County for trial, to assess bail for his appearance, and to commit to the jail of Paulding County, in default of bond. (g) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant. (h) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than 30 days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid

Page 2637

into the treasury of said city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. (i) Said court shall have full power and authority, and the mayor and council are hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 20. Be it further enacted, that any person convicted in said mayor's court for violation of any of the laws or ordinances of said city shall have the right of certiorari to the Superior court of Paulding County, Georgia, in the manner provided by the law, as set out and embodied in Chapter 19 of the Georgia Code, 1933, being Sections 19-201 et seq. Appeal from mayor's court. Section 21. Be it further enacted, that the mayor of said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the corporate limits of the City of Hiram, offenses against any law or ordinances of said city or offenses against any penal law of this State. He shall have the authority to take the examination of any person charged with a State offense, and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the proper court having jurisdiction, in the same manner as justices of the several counties of this State now or may hereafter have by law. All of said warrants shall be addresssed to the marshal (or other police officers), and to all and singular the sheriff's deputy sheriffs and constables of this State, any one of whom shall have authority to execute said warrants. Arrests. Section 22. Be it further enacted, that it shall be lawful for the marshal or other police officers of said city to arrest without warrant any person or persons within the corporate limits of said city, for an offense against or violation of the laws and ordinances of said city, or for

Page 2638

a crime against the penal laws of said State if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said city who, after committing said offense seeks to flee and escape, the marshal or other police officer are empowered to pursue and arrest him without warrant. Same. Section 23. Be it further enacted, that the marshal or other police officer of said city shall have the right, power, and privilege to release any person arrested within the corporate limits of said city for an offense against the laws and ordinances of said city, upon said person giving bond, to be approved by the marshal or mayor of said city, payable to the City of Hiram, conditioned to pay the obligee in said bond an amount fixed by the marshal or the mayor of said city, in the event said person arrested does not appear before the mayor's court at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Appearance bonds. Section 24. Be it further enacted, that the mayor and council of said city have power to control the finances and property of said city, to appropriate money, and to provide for the payment of the debts and expense of the corporation. Finances. Section 25. Be it further enacted, that the mayor and council of said city are hereby authorized and empowered to provide by ordinance for the assessment, levy, and collection of ad valorem taxes on all property, real and personal, within the corporate limits of said city, and upon all goods, chattels, moneys, and choses in action whose owner resides within the corporate limits of said city, which are subject to taxation by the laws of this State; for the ordinary current expenses of said city, and for paving and macadamizing of streets and sidewalks; a tax not exceeding two ($2.00) dollars on each one hundred

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($100.00) dollars of taxable property, as assessed in the manner herein provided; and for the payment of the principal and interest of the bonded indebtedness and other public debt of said city, such additional tax as may be necessary and sufficient. Said taxes shall have the same lien and priority as taxes due the State and county, except that they shall be postponed thereto. Taxation. Section 26. Be it further enacted, that all persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal. Subject to taxation by said city, as of April 1 of each year; and the books for recording same shall be open on April 1 and close on June 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Returns. Section 27. Be it further enacted, that the mayor and council of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city as a board of tax assessors. The mayor and council shall fix the per diem compensation of said tax assessors, which shall not exceed five ($5.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor and council as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her, or its real estate or personal property, as hereinafter required, by the first day of June in any year, said tax assessors shall assess

Page 2640

such property of the person, firm or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Assessments. (a) Any person dissatisfied with the assessment made on any of his property under the provisions of this Act shall have the right of appeal from the same to the mayor and council of said city, provided said appeal be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and council at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. (b) The mayor and council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secore the payment of taxes on all property subject thereto.

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Section 28. Be it further enacted, that the mayor and council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and constables of said State, shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of Georgia Code, 1933, Sections 93-4301 et seq. and 92-4401 et seq. Tax executions. Section 29. Be it further enacted, that the mayor and council of the City of Hiram, created by this Act, shall have full power and authority to license, regulate, control, or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, soaps, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And said mayor and council shall have the power to require registration of,

Page 2642

and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceable by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said mayor and council shall have full and complete power to provide by ordinance for classification of all classes and businesses, and all other rules and regulations necessary and proper in the premises. Business licenses. Section 30. Be it further enacted, that said mayor and council may revoke the license of, and prohibit the operation of, any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is dangerous and injurious to the health or morals of the people of said city. Said mayor and council are hereby authorized and empowered to define and prohibit unfair competition on the part of any person or corporation seeking to do business or doing business in said city, and to refuse to grant a license to any person or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person or corporation who engages in unfair competition. But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Revocation of licenses. Section 31. Be it further enacted, that the mayor and council of said city are hereby authorized to assess, levy and collect a sanitary tax and to create and maintain a sanitary department, elect its officers and employees, prescribe their duties and fix their salaries. They shall

Page 2643

have the right by ordinance to prescribe sanitary regulations for the said City of Hiram, and to fix a fee and collect the same against any person, firm or corporation domiciled within the corporate limits of said city for whom the sanitary department may render services. Sanitation. Section 32. Be it further enacted, that the mayor and council of said city are hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve, a system of sewerage and drains in said City of Hiram, and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may in the discretion of said mayor and council seem reasonable and proper for sewer connections and/or service, which said charges shall be enforceable in the same manner that charges for water furnished by said city are enforced. Sewerage. Section 33. Be it further enacted, that the mayor and council of the City of Hiram, created by this Act, shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the streets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. Streets, sidewalks, etc. (a) In all cases where street paving or repairing is contemplated on any street in said city, in which watermains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Section 34. Be it further enacted, that the mayor and

Page 2644

council of said City of Hiram shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric lights and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Water, lights, etc. Section 35. Be it further enacted, that the mayor and council of said City of Hiram shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: (a) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, they may provide that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further they may provide for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Utility charges. (b) Said mayor and council shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment

Page 2645

for such service; and shut off and refuse to furnish water, electric energy, gas heat, and sewer service, where payment in advance, or deposit, as the case may be, is not promptly made; and to enforce by execution against any consumer or person served in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said city, then the said city may cut off water, light, gas, heat, or sewer services from the premises and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (c) Said mayor and council shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (d) The provisions of this section shall be applicable to charges for any public utility service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 36. Be it further enacted, that said mayor and council are authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for fire escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible

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from fire, and to prevent the spread of fire from one building to another, and for the protection and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of building, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the mayor and council may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire protection. Section 37. Be it further enacted, that the mayor and council of said city may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other

Page 2647

activity conducted, or to be conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasipublic, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Paulding County. Zoning. Section 38. Be it further enacted, that in addition to the power and authority vested in the mayor and council of said City of Hiram, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: (a) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; Welfare powers. (b) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said city; and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same;

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(c) To own and regulate cemeteries and parks, either within or without said city, to establish, control, and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, either within or without the corporate limits of said city; (d) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; (e) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirement permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city; (f) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (g) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as said mayor and council may prescribe; and to regulate all public service or utility corporations doing business in said city in any manner not in conflict with State or Federal law; (h) To establish, equip, and maintain a fire department; (i) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (j) To provide, equip, and maintain a prison and

Page 2649

chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (k) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city, and to regulate the operation thereof; (l) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (m) To lay out and open new streets and alleys in said city; and to change the grades thereof; (n) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (o) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 39. Be it further enacted, that the mayor and council of said City of Hiram shall have full power and authority to condemn private property for any public purpose, such as establishing public street, sidewalk, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of

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any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, Section 36-301 et seq. Eminent domain. Section 40. Be it further enacted, that the mayor and council of said city shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Bonds. Section 41. Be it further enacted, that all ordinances now in force in said town, except where they are in direct conflict with the provisions of this Act, shall remain of full force and effect unless and until they are repealed or superseded by other ordinances passed by the mayor and council of the City of Hiram, created by this Act. Existing ordinances. Section 42. Be it further enacted, that if for any reason any section, provision, clause, sentence, phrase, word,

Page 2651

or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not affect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provisions, clause, or part so held to be invalid or unconstitutional. Section 43. Be it further enacted, that the enumeration of powers contained in this Act shall not be considered as restrictive; but the mayor and council of the City of Hiram, and the authorities of said city, may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules, and regulations they may deem needful and proper for the general welfare and protections of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Section 44. Be it further enacted, that all Acts of the General Assembly heretofore passed incorporating the Town of Hiram, and all amendments thereto, and conferring powers on the same, are hereby consolidated into and superseded by this Act; and all provisions of former Acts which are inconsistent with and at variance with this Act are hereby expressly repealed; and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Paulding County. The undersigned, one of the publishers of the Dallas New Era, hereby certifies that he is a partner of and one of the publishers and editors of the Dallas New Era, a newspaper published in Dallas, Paulding County, Georgia, in which the sheriff's advertisements for Paulding County are published, and he does further certify that

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an exact copy of the attached and foregoing notice was published in the Dallas New Era on December 15, 22, 1955; and January 5, 1956. This 31st day of January, 1956. /s/ T. E. Parker. T. E. Parker, Partner, Editor and Publisher, Dallas New Era. Sworn to and subscribed before me, this 31st day of January, 1956. /s/ Florrie Jo Cook, Notary Public, Paulding County, Georgia. My commission expires April 15, 1959. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1956 session of the General Assembly of Georgia a bill to be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the Town of Hiram, in the County of Paulding, State of Georgia; to change the name and corporate title and style of said Town of Hiram to the City of Hiram; to create a new charter and municipal government for said city; to define the corporate limits of said city; to vest in said City of Hiram all properties and right of the former Town of Hiram; and to confirm the title of said city to any property heretofore acquired without charter authority; to provide for and describe the city limits; to authorize said city to acquire and own property, either within or without the corporate limits, for any corporate purpose; to regulate and limit the sale of property in said city; to provide that all valid obligations of the former Town of Hiram shall be binding on the City of Hiram hereby incorporated; to provide that the present mayor and council, and all subordinate officers, of the Town of Hiram serve until election and qualifications of the officers herein provided for; to provide that all ordinances

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now in force in said town, not in conflict with this charter, shall remain in force until repealed or superseded; to provide for a mayor and council, and other officials and employees of said city, and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to limit the salaries of mayor and council, certain powers, duties, and privileges; to provide for all elections in and for said city and the method of holding said elections, and the qualifications of voters; to provide a system for the permanent registration of qualified voters of said city and for the purging of disqualified voters' names from the registration books and voters' list, after notice and hearing by a registrar, whose election by the mayor and council, and the powers and duties of said registrar are herein provided; to provide a mayor's court, and for the trial and punishment therein of all offenders against the laws and ordinances of said city, and to prescribe the powers and duties of said court and the method of appeal therefrom; to provide a system of taxation for said city and to confer upon said City of Hiram hereby incorporated all necessary authority to assess, levy and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a board of tax assessors, to require the return of all property for taxation, and to provide for the assessment of all returned and unreturned property by said tax assessors, and the method of appeal from their findings; to authorize said city to regulate, control, and prohibit all kinds of business, trades, and professions, shows, exhibitions and entertainments, and for the taxation and licensing thereof; to authorize said city to define and punish unfair competition on the part of any person or corporation doing business in said city, and to provide for the revocation of licenses of persons or corporations guilty thereof; to authorize said city to establish fire limits, and to establish a system of zoning in said city, and to provide the method thereof; to provide for the granting of franchises and encroachments on the streets of said city, and to provide rules and regulations for public service corporations operating in said city; to authorize said city to establish a board of health;

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to confer upon said city all necessary authority to establish, maintain, extend, and improve a system of sewerage and drains in said city; to authorize said city to require connection with water and sewer lines, and to enforce the charges therefor against property served, as taxes are enforced; to provide for opening and laying out, establishing, maintaining, and improving, and paving streets, avenues, lanes, alleys, sidewalks, and crossings in said city; to authorize said city to pave and otherwise improve for travel and drainage, streets and sidewalks of said city, and to assess the cost thereof, including intersections in the discretion of the mayor and council of said city, against abutting property thereon, and fixing the lien and manner of assessments of such collections; to authorize said city to supply water and electric light and power and gas for public purposes and to its citizens, and to charge therefor, and to maintain public utility systems of all kinds; to authorize said city to enforce collection of water, light, gas, and sewer bills as charges against the premises served, and to cut off services from the premises served where such bills are unpaid, and to authorize said city to require deposits to insure the payment of such bills providing two methods of securing collection of such bills; to provide for a fire department; to provide for cemeteries, public parks, public buildings and improvements; to provide for the abatement of nuisances within the corporate limits of said city; to provide for the working of convicts within and without said city, and for chaingang and prison; to authorize said city to contract debts and to issue bonds and revenue certificates in the manner provided by State law, for any lawful corporate purpose or improvement; to authorize said city to condemn property, either within or without the corporate limits thereof, for any lawful public and corporate use of said city, when necessary or proper in the judgment of the mayor and council, and in the manner provided by State law; to provide the police powers of said city, and the powers and duties of its police officers; to provide in the mayor and council full and complete power and authority to do and perform all acts necessary and proper for the welfare of said city,

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and for the exercises of the powers and duties herein conferred; to repeal Acts and parts of Acts incorporating said city, in conflict herewith; to create a new charter for said City of Hiram and declare the rights and powers of said corporation; and for other purposes. George T. Bagby, Representative, Paulding County. Approved February 27, 1956. CITY COURT OF DECATURPRACTICE AND PROCEDURE No. 201 (House Bill No. 461) An Act to amend an Act approved August 16, 1922, to create and establish the City Court of Decatur, (Ga. L. 1922, pp. 248-253), and the several Acts amendatory thereof, so as to provide that the rules and practice, forms of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the superior courts of this State shall be adopted and followed in the City Court of Decatur; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That from and after the passage of this Act, Section 4 of the Act above referred to approved August 16, 1922, to create and establish the City Court of Decatur, (Ga. L. 1922, pp. 248-253), reading as follows: Section 4. Be it further enacted, that so far as the same may be applicable, and not herein otherwise provided, the rules of practice, forms of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the superior courts of this State shall be adopted and followed in said City Court of

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Decatur, be and the same is hereby amended, by striking from said paragraph the following words, to wit: so far as the same may be applicable, and not herein otherwise provided, so that said section, as amended shall read as follows: Section 4. Be it further enacted, that the rules of practice forms of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the superior courts of this State shall be adopted and followed in said City Court of Decatur. Section 2. Be it further enacted by the authority aforesaid, that Section 6 of the Act above referred to which reads: Section 6. Be it further enacted by the authority aforesaid, that all suits filed in and to said court twenty days before the beginning of a term, upon which service of process shall have been made fifteen days prior thereto, shall be returnable to such term and shall be ripe for trial or disposition at the next term, the return term of said court being the appearance term, and the second term shall be the trial term. and Section 7 which reads: Section 7. Be it further enacted, That all demurrers, pleas and answers shall be filed on or before the first day of the term of the court to which the case is returnable, unless further time is granted by the court, otherwise the case shall be in default, and so marked and at said return term judgment or verdict may be taken as the case may require, be and the same are hereby repealed in their entirety. Secs. 6 and 7, Act of 1922, repealed. Section 3. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks, during a period of sixty days immediately preceding its introduction in the General Assembly, attached hereto and made a part of this bill is a copy of said notice, accompanied by an offidavit of the author to the effect that said notice has been published as provided by law.

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Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being Jan. 19, 26, Feb. 2-1956. The DeKalb New Era /s/ W. H. McWhorter. W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 2nd day of February, 1956. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal) Copy of Notice. Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in January, 1956, for the passage of local legislation, the title of such bill to be as follows: An Act to amend an Act approved August 16, 1922, to create and establish the City Court of Decatur, (Ga. L. 1922, pp. 248-253), and the several Acts amendatory thereof, so as to provide that the rules of practice, forms of pleading and methods of procedure now prevailing in, or that may be hereafter provided for the superior courts of

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this State shall be adopted and followed in the City Court of Decatur; to repeal conflicting laws; and for other purposes. W. Hugh McWhorter. James A. Mackay. Guy W. Rutland, Jr. 1-19-3t Approved February 27, 1956. AMERICUSSUMTER COUNTY PLANNING COMMISSION. No. 206 (House Bill No. 483). An Act to enable the City of Americus and Sumter County to establish a joint planning commission; to provide for the appointment of members to such commission; to provide for the preparation and amendment of an overall plan for the orderly growth and development of said municipality and county; to provide for principal powers and duties of such planning commission; to provide for the regulation of the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and courts, density and distribution of population, and uses of buildings, structures and land within said municipality and all or specified parts of said county; to provide for the regulation of the subdivision of land; to provide for the regulation of buildings and map streets and proposed public building sites; to provide for a board of zoning appeals; to provide for duties and powers of said board of zoning appeals; to adopt procedures for processing and handling such zoning appeals; to provide for the enforcement of ordinances and regulations enacted under this Act; to provide for the regulation relative to the recording of subdivision plats; to provide for

Page 2659

enforcement of such regulations in reference to recording of plats; to provide that all powers and authorities granted by this Act to the City of Americus and to the County of Sumter or to such board of zoning appeals shall be cumulative and that all such powers and authorities shall be in addition to all other powers and authorities such planning commissions and board of appeals now have or may later have under any other law; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Planning commission: Creation and appointment. The Board of Commissioners of Roads and Revenues of Sumter County (hereinafter referred to as the county commission) by resolution, and the Mayor and City Council of the City of Americus (hereinafter referred to as the city commission) by ordinance, are authorized to create a joint city-county planning commission (hereinafter referred to as the planning commission) which shall be known as the Americus-Sumter County Planning Commission. The planning commission shall consist of six members, namely, a member of the county commission selected by that body, one of the city councilmen selected by that body; two members appointed by the county commission, and two members appointed by the city commission. All members of the planning commission shall serve as such without compensation, and none of the appointive members shall hold any other public office or position in the municipality or county. Terms of appointive members shall be four years or thereafter until their successors are appointed, except that the respective terms of the two initial county commission appointees shall be one and three years and the terms of the two initial city commission appointees shall be two and four years. Any vacancy in the appointive membership shall be filled for the unexpired term in the same manner as the initial appointment. The appointing county commission or city commission shall have authority to remove any appointive member for cause stated in writing and after public hearing.

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Section 2. Planning commission: Organization, rules, staff, and finances. The planning commission shall elect one of its appointive members as chairman who shall serve for one year or until he is re-elected or his successor is elected. The planning commission shall appoint a secretary who may be an officer or an employee of the city or the county or the planning commission. The planning commission shall meet at least once each month at the call of the chairman and at such other times as the chairman or the planning commission may determine, shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. All meetings shall be open to the public at all times. The planning commission may appoint such employees and staff as it may deem necessary for its work. In the performance of its duties, the planning commission may co-operate with, contract with, or accept funds from Federal, State, or local public or semi-public agencies or private individuals or corporation. Section 3. Planning commission: Principal powers and duties. It shall be the function and duty of the planning commission to make such careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare such plans for physical, social, and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of the municipality and county. In particular, the planning commission shall have the power and duty to: 1. Prepare a master plan or parts thereof for the development of the municipality and the county; 2. Prepare and recommend for adoption to the city commission or county commission respectively a zoning ordinance and map for the municipality or for the county or a specified portion thereof.

Page 2661

3. Prepare and recommend for adoption to the city commission or to the county commission respectively regulations for the subdivision of land within the municipality or within the county. 4. Prepare and recommend for adoption to the city commission or to the county commission, respectively, a plat or plats or an official map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, or public building sites, together with regulations to control the erection of buildings or other structures within such lines. Section 4. Planning commission: Miscellaneous powers. The planning commission may make, publish, and distribute maps, plans, and reports and recommendations relating to the plan and development of the municipality or county to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of the municipality or county programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its members and employees, in the performance of its functions, may enter upon any land with permission of owner or owners, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote the planning of the municipality and county. Section 5. Planning commission: Reports on matters referred to it. The city commission and the county commission may by general or special rule provide for the reference of any matter or class of matters to the planning commission before final action thereon by the public body or officer of the municipality or county having final authority thereon, with the provision that final action

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thereon shall not be taken until said planning commission has submitted its report thereon or has had a reasonable time, to be fixed in said rule, to submit the report. Section 6. Master plan. It shall be the duty of the planning commission to make a master plan of the municipality and county and to perfect it from time to time. Such master plan shall show existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto, routes of railroads and transit lines, terminals, ports, airports, parks, playgrounds, forests, reservations, site for public buildings and structures, districts for residence, business, industry, recreation, special districts for other purposes, limited development districts for purposes of conservation, protection against floods, water-supply, sanitation, and drainage and the like, areas for housing developments, slum clearance, and urban renewal and redevolopment location of public utilities whether publicly or privately owned, including but not limited to sewerage and watersupply systems, zoning districts, and other planning features, together with time and priority schedules and cost estimates for the accomplishment of the proposals. The master plan shall be based upon and include appropriate studies of the location and extent of present and anticipated population, social and economic resources and problems, and other useful data. Such plan may be adopted, added to, and changed from time to time, by a majority vote of the planning commission. It shall be a public record, but its purpose and effect shall be solely to aid the planning commission in the performance of its duties. Section 7. Zoning: Grant of power. For the purpose of promoting the health, safety, morals, convenience, order, prosperity, or general welfare of the municipality or county, the city commission and the county commission for the municipality and county, respectively, are hereby empowered, in accordance with the conditions and the procedure specified in this Act, to regulate the

Page 2663

location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards, courts, the density and distribution of population, and the uses of buildings, structures, and land for trade, industry, residence, recreation, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Section 8. Zoning: Plan and ordinance. Whenever the planning commission makes and certifies to the city commission or to the county commission, respectively, a zoning plan, including both the full text of the recommended zoning ordinance and the maps, for the municipality or for the entire unincorporated area of the county for any militia district or land lot within the county or for land areas 500 feet wide on either side of any State or county highway or section of such highway within the unincorporated area of the county, then the city commission or the county commission may exercise the powers granted to them in Section 7 of this Act and, for the purposes therein mentioned may divide the municipality or county or above specified portions of county into districts of such number, shape, and size as it may determine, and within such districts it may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The county commission or city commission may also provide for the termination of any use of a building or structure or land that is not in conformity with the regulations of the district within which it is located (hereinafter called a non-conforming use), by specifying the period or periods in which the non-conforming use shall be required to cease, and by providing a formula or formulae whereby the compulsory termination of a non-conforming use may be so fixed as to allow for the recovery or amortization of the investment in such non-conforming use.

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Section 9. Zoning: Method of procedure. Before enacting the zoning ordinance, the city commission or the county commission shall hold a public hearing thereon, at least thirty days' notice of the time and place of which shall be published once a week for four consecutive weeks in a newspaper of general circulation in the municipality or county. No change in or departure from the text or maps, as certified by the planning commission, shall be made unless such change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. Section 10. Zoning: Amendments. Any zoning ordinance including the maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. The provisions of the previous section relative to public hearings and official notice shall apply equally to all amendments. Section 11. Zoning: Board of appeals. The city commission and the county commission may each create a board of zoning appeals or they may create a joint board of appeals. The board of appeals shall consist of five members who shall be appointed by the city commission or county commission in the case of a separate board of appeals for the municipality or the county for overlapping terms of five years or thereafter until their successors are appointed except that the respective terms of the initial five appointees shall be one for one year, one for two years, one for three years, one for four years, and one for five years. In the case of a joint board of appeals, two members shall be appointed by the county commission and two members by the city commission for overlapping terms of five years or thereafter until their successors are appointed except the respective terms of the

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two initial county commission appointees shall be one and three years and the respective terms of the two initial city commission appointees shall be two and four years. These four members shall select a fifth member from the county at large who shall serve for a term of five years. In the event that a fifth member is not selected within 30 days of the date of the appointment of the last of the four members, the fifth member shall be appointed by the Judge of the City Court of Sumter County. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. All members of the board of appeals shall serve as such without compensation and none of the members shall hold any other public office or position in the municipality or county. The board of appeals shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this Act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith

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transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in a certificate a stay would, in his opinion, cause imminent peril of life and property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals or by a competent court on application, on notice to the officer from whom the appeal is taken, and on due cause shown. The board of appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice, thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The board of appeals shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any ordinance adopted pursuant to this Act. (2) To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance. (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare

Page 2667

secured, and substantial justice done. Such variance may be granted in such individual case of practical difficulty or unnecessary hardship upon a finding by the board of appeals that: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and b. The application of the ordinance to this particular piece of property would create practical difficulty or unnecessary hardship, and c. Such conditions are peculiar to the particular piece of property involved, and d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance; provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by the ordinance. In exercising the above powers, the board of appeals may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. Section 12. Zoning: Enforcement and remedies. The city commission or county commission may provide for the enforcement of any ordinance enacted under this Act by means of the withholding of building permits and occupancy permits, and for such purpose may establish and fill the position of building inspector, individually or jointly. From and after the establishment of such position and the filling of the same, it shall be unlawful to construct, reconstruct, or alter any building or other structure without first obtaining a building permit from such building inspector or to use such building or structure

Page 2668

or any land without first obtaining an occupancy permit from such building inspector; and such building inspector shall not issue any permit unless the requirements of this Act and of any ordinance adopted pursuant to it are complied with. A violation of any ordinance enacted under this Act occurring within the corporate limits of the City of Americus shall be punished as provided by city ordinance in the Recorder's Court of the City of Americus. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of any ordinance enacted under this Act, the building inspector, city or county attorney, or other appropriate authority of the municipality or county or any adjacent or neighboring property owner who would be specially damaged by such violation may, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land. Section 13. Zoning: Conflict with other laws. Whenever the regulations made under authority of this Act require a greater width or size of yards, courts, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statute, the regulations made under authority of this Act shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by the regulations made under authority of this Act, the provisions of such statute shall govern. Section 14. Subdivision regulation: Provision of regulations. In exercising the powers granted to it by this Act, the planning commission shall prepare and recommend to the city commission or to the county commission

Page 2669

for adoption regulations governing the subdivision of land within the municipality and unincorporated portion of the county respectively. Such regulations may provide for the harmonious development of the municipality and the county; for the coordination of streets within subdivisions with other existing or planned streets or official map streets; for the size of blocks and lots, for adequate open spaces for traffic, recreation, light, and air; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity, or general welfare. Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced and improved, and water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the city commission or county commission may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the municipality or county the actual construction and installation of such improvements and utilities within a period specified by the planning commission and expressed in the bonds; and the municipality or county is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies. The city commission and the county commission are hereby given the power to adopt and to amend such land subdivision regulations after a public hearing thereon, at least 30 days notice of the time and place of which shall have been published once a week for four consecutive weeks in a newspaper of general circulation in the municipality or county. Section 15. Subdivision regulation. Procedure on plats. The planning commission is hereby given the power to give tentative approval or disapproval to preliminary plats and to approve or disapprove final plats but in each case their action shall be taken within thirty days

Page 2670

after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the planning commission on demand; provided, however, that the applicant for the planning commission's approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the planning commission. Any plat submitted to the planning commission shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the planning commission without affording a hearing thereon, notice of the time and place of which shall be sent by mail to said address not less than five days before the date fixed therefor. Section 16. Subdivision regulation: Effect of plat approval on status of dedications. The approval of a plat by the planning commission shall not be deemed to constitute or effect an acceptance by the municipality or county or public of the dedication of any street or other ground shown upon the plat. Section 17. Subdivision regulation: Erection of buildings. From and after the time when the platting jurisdiction of the planning commission shall have attached by virtue of adoption by the planning commission of a major street plan and the adoption by the city commission and the county commission of a set of land subdivision regulations recommended to them by the planning commission, no building permit shall be issued for and no building shall be erected on any lot within the municipality or county unless the street giving access to the lot upon which said building is proposed to be placed shall be accepted or opened as, or shall have otherwise received the legal status of a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by said planning commission or on a street plat made and adopted by said planning commission or with a street located and accepted by the city commission or

Page 2671

county commission. Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or attorney or other official designated by the city commission or county commission may bring action to enjoin such erection or cause it to be vacated or removed. Section 18. Official map: Platting of street or public building site lines by planning commission. From and after the time when the planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys for the exact location of the lines of new, extended, widened, or narrowed streets in the whole or in any portion of the municipality or county and to make and certify to the city commission or to the county commission a plat or plats of the area thus surveyed on which are indicated the lines recommended by the planning commission as the mapped lines of future streets, street extensions, street widenings, or street narrowings. From and after the time when the planning commission shall have prepared and adopted a master plan or at least the public building sites portion of such master plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys for the exact locating of the boundary lines of new, enlarged or diminished sites for public buildings or sites for parks or playgrounds in the whole or in any portion of the municipality or county and to make and certify to the city commission or to the county commission a plat or plats of the areas thus surveyed on which are indicated the locations of the lines recommended by the planning commission as the mapped boundary lines of future public building sites or public park or playground areas or of existing sites or areas that are expanded or contracted. The making or certifying of a plat by the planning

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commission shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or public building site or public park or playground or the taking or acceptance of any land for such purposes. Section 19. Official map: Establishment. From and after the time when the planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan or the public building sites portion of such master plan, the city commission or the county commission may establish an official map of the municipality of the county, respectively, showing the location of the streets and public building sites of the whole or any part or parts of the municipality or county theretofore existing and established by law as public streets or public building sites. Such official map may also show the location of the boundary lines of streets or public building sites on plats of subdivisions which shall have been approved by the planning commission. The city commission or county commission shall certify the fact of the establishment of the offical map to the Clerk of the Superior Court of Sumter County. Section 20. Official map: Additions and changes. In the event the official map established under Section 19 of this Act does not include the whole of the municipality or county but only certain part or parts thereof, then the city commission or the county commission may add to the offical map by placing thereon, from time to time, the boundary lines of streets or public building sites which at the date of the establishment of the official map existed and were established by law as public streets, or public building sites, or which appear on a plat which has been approved by the planning commission. The city commission or the county commission may make, from time to time, other additions to or modifications of the official map by placing thereon the lines of planned new streets, or street extensions, widenings, narrowing or vacations, the line of new public building

Page 2673

sites or the enlargement, diminution, or vacation of such areas; provided, however, that before taking any such action the city commission or the county commission shall hold a public hearing thereon, notice of the time and place of which shall be given not less than thirty days previous to the time fixed therefor by publication once a week for four weeks in a newspaper of general circulation in the municipality or county and, insofar, as their addresses appear in the municipal or county directory or on municipal or county records or are otherwise known to the city or county clerk, by mail to the record owners of the lands on or abutting which the proposed public street, public building site lines are located; and provided further that such proposed addition or modification of the official map shall be submitted to the planning commission for its review and comment. Section 21. Official map: Regulation of buildings in bed of mapped streets. For the purpose of preserving the integrity of the official map, the city commission or the county commission may provide by ordinance or resolution, respectively, that no permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street or public building site as shown on the official map. Any such ordinance shall provide that the zoning board of appeals, if the municipality or county has such a board or if not, a board of appeals created for the purpose in such ordinance, shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the granting of a permit for a building or structure or part thereof within any such mapped lines in any case in which such board finds, upon the evidence and arguments presented to it upon such appeal: (a) that the property of the appellant of which such mapped street, or public building site forms a part will not yield a resonable return to the owner unless such permit be granted; or (b) that, balancing the interest of the municipality or county in preserving the integrity of the official map and the interest of the owner in the use and benefits of his property, the granting of such permit is required by considerations

Page 2674

of justice and equity. Before taking any such action, the board of appeals shall hold a hearing thereon, at least thirty days' notice of the time and place of which shall be given to the appellant by mail at the address specified by the appellant in his appeal petition. In the event that the board of appeals decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, materials of construction, and other details and conditions of extent and character, and also the duration of the building, structure, or part thereof to be permitted. Section 22. Definitions. For the purposes of this Act the term street or streets means, relates to, and includes, streets, avenues, boulevards, roads, highways, expressways, lanes, alleys, and other ways; subdivision means the division of a tract or parcel of land into two or more lots, sites, or other divisions for the purpose, whether immediate or future, of sale or building development, and includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided. Section 23. Powers and authority granted to municipal and county commission are cumulative. All powers and authority granted by this Act to the Board of Commissioners of Roads and Revenues of Sumter County, and to the Mayor and City Council of the City of Americus shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such commissions now have or may later have under any other laws. Section 24. Powers and authority granted to planning commission and to municipal and county or joint board of appeals are cumulative. All powers and authority granted by this Act to the municipal and county or joint board of appeals of the City of Americus and of Sumter County shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such planning commission and boards of appeal now have or may later have under any other laws.

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Section 25. Any decision of the board of zoning appeals may be appealed to the superior court within the time and in the same manner as appeals are now or may hereafter be taken from the court of ordinary to the superior court. Section 26. The provisions of this Act shall not be binding on the Mayor and City Council of Americus and the Commissioners of Roads and Revenues of Sumter County until same are affirmatively adopted by ordinance or resolution. Section 27. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Sumter County. Before me personally appeared J. R. Blair, who being duly sworn, deposes and says that as the editor and publisher of the Times Recorder, and that the same is a public gazette published in the City of Americus, Sumter County, Georgia. It is the newspaper in which is published the sheriff sales of said County of Sumter and said State. Deponent further says that the attached notice of intention to introduce the proposed legislation in the January-February session, 1956, of the General Assembly of Georgia has been published in the Times Recorder on the following dates: January 13th., 1956; January 20th., 1956; January 27th., 1956. /s/ J. R. Blair, J. R. Blair. Sworn to and subscribed before me this the 28th day of January, 1956. /s/ H. A. Smith, Jr. Notary Public Sumter Co., Ga. Notary Public, Georgia, State at Large. My commission expires March 15, 1959. (Seal Affixed)

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Legal Ads. Legal No. 4606. Notice of Local Legislature. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in January, 1956, for the passage of local legislation, the title to such bill to be as follows: An Act to enable the City of Americus and Sumter County to establish a joint planning commission; to provide for the appointment of members to such commission; to provide for the preparation and amendment of an overall plan for the orderly growth and development of said municipality and county; to provide for principal powers and duties of such planning commission; to provide for the regulation of the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the sizes of yards and courts, density and distribution of population, and the uses of buildings, structures, and land within said municipality and all of specified parts of said county; to provide for the regulation of the subdivision of land; to provide for the regulation of buildings and map streets and proposed public building sites; to provide for a board of zoning appeals; to adopt procedures for processing and handling such zoning appeals; to provide for the enforcement of ordinances and regulations enacted under this Act; to provide for the regulation relative to the recording of subdivision plats; to provide for enforcement of such regulations in reference to recording of plats; to provide that all powers and authorities granted by this Act to the City of Americus and to the County of Sumter or to such board of zoning appeals shall be cumulative and that all such powers and authorities shall be in addition to all other powers

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and authorities such planning commission and board of appeals now have or may later have under any other law and for other purposes. This 14th day of January, 1956. Americus and Sumter County Chamber of Commerce. By: J. P. Luther. Approved February 27, 1956. FULTON COUNTYSALARIES OF DEPUTIES. No. 207 (House Bill No. 334) An Act to amend an Act approved March 24, 1939 (Ga. L. 1939, p. 565 et seq.) entitled An Act to provide that in Fulton County, Georgia, the ordinary, sheriff, clerk superior court, tax receiver, tax collector and county treasurer may appoint a chief deputy, or chief clerk, or chief assistant as the case may be; to provide that such person so appointed may served at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occurring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act become effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes, as amended, so as to provide that the chief clerk of the court of ordinary shall be chief assistant administrative officer of the Court of Ordinary of Fulton County and so as to fix the salary to be paid to said chief clerk; to provide that the chief deputy sheriff shall be chief assistant administrative officer to the Sheriff of Fulton County; to fix the salary to be paid to the chief deputy sheriff; to increase the salary of the chief deputy clerk of the superior court; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act approved March 24, 1939 (Ga. L. 1939, p. 565 et seq.) entitled An Act to provide that in Fulton County Georgia, the ordinary, sheriff, clerk superior court, tax receiver, tax collector and county treasurer may appoint a chief deputy, or chief clerk, or chief assistant as the case may be; to provide that such person so appointed may serve at the will and pleasure of the person appointing the same; to provide that in the event of a vacancy occurring in any of said offices the chief clerk, chief deputy or chief assistant, as the case may be, may fill out the unexpired term; to provide that this Act become effective upon the ratification of a constitutional amendment granting to such officers the authority to make such appointment; and for other purposes, as amended, be further amended as follows: Section 1. There shall be added to Section 3 the following language: The chief clerk to said ordinary shall also serve as chief assistant and administrative officer of the court of ordinary and as such, shall aid the judge of said court in expediting the transaction of the business of said court in such manner as the said ordinary thereof may direct and shall receive as compensation for such services a salary of seven thousand two hundred ($7,200.00) dollars per year, payable in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the county commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment, so that said Section 3, as amended, shall read as follows: Sec. 3, Act of 1939, amended. Section 3. Be it further enacted by the authority aforesaid, that the ordinary serving in Fulton County shall be required to appoint from among the clerks in the office of ordinary a chief clerk to said ordinary and upon making such appointment it shall be spread upon the minutes of the Court of Ordinary of Fulton County, and shall likewise be spread upon the minutes of the Board of Commissioners of Roads and Revenues for Fulton

Page 2679

County. In making said appointment said ordinary shall appoint such chief clerk at the will and pleasure of the officer making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief clerk, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the person here directed to make such appointment shall reappoint a chief clerk and notice of such reappointment shall likewise be spread upon the minutes of the court of ordinary and the minutes of the board of commissioners of roads and revenues. The chief clerk to said ordinary shall also serve as chief assistant and administrative officer of the court of ordinary and as such, shall aid the judge of said court in expediting the transaction of the business of said court in such manner as the said ordinary thereof may direct and shall receive as compensation for such services a salary of seven thousand two hundred ($7,200.00) dollars per year, payable in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the county commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment. Ordinary's chief clerk. Section 2. There shall be added to Section 1 the following language: The chief deputy sheriff shall also serve as chief assistant and administrative officer to the Sheriff of Fulton County and as such shall aid the sheriff in expediting the transaction of the business of the office of sheriff in such manner as the sheriff and the respective courts of said county may direct, and shall receive as compensation for such service a salary of seven thousand two hundred ($7,200.00) dollars per year, payable in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the county commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment, so that said Section 1 as amended, shall read as follows: Sec. 1 amended. Section 1. Be it enacted by the General Assembly

Page 2680

of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act the sheriff, tax receiver, tax collector and county treasurer in the County of Fulton shall be required to appoint from among the assistants in their respective offices a chief deputy, and upon making said appointment shall notify the Commissioners of Roads and Revenues for Fulton County, Georgia, who shall spread upon their minutes a copy of such appointment. In making said appointment said officers shall appoint such chief deputy at the will and pleasure of the officer making the appointment, the appointment in no event to extend beyond the term of office of the person making the appointment. If the person so appointed as chief deputy, as herein provided, resigns or if by revocation of the appointment, or for any other reason the appointment becomes vacated, the person here directed to make such appointment shall reappoint a chief deputy and shall notify the commissioners of roads and revenues of such reappointment so that the same may be spread upon the minutes of such board. The chief deputy sheriff shall also serve as chief assistant and administrative officer to the Sheriff of Fulton County and as such shall aid the sheriff in expediting the transaction of the business of the office of sheriff in such manner as the sheriff and the respective courts of said county may direct, and shall receive as compensation for such service a salary of seven thousand two hundred ($7,200.00) dollars per year, payable in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the county commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment. Sheriffs chief deputy. Section 3. The words and figures, seven thousand eight hundred dollars ($7,800.00) in lines four and five of Section 5 (b) of said Act shall be stricken and there shall be inserted in lieu thereof the words and figures, eight thousand, two hundred ($8,200.00) dollars, so that said Section 5 (b) of said Act when so amended shall read as follows: Sec. 5 amended. Section 5 (b). The salary of the chief deputy clerk

Page 2681

of the superior court, for his services as such and for his services as administrative officer of the court, shall be a total of not less than eight thousand two hundred ($8,200.00) dollars per year, payable in equal monthly installments out of the treasury of Fulton County, subject to be increased or diminished by the county commission, uniformly with the salaries of other chief deputies whose salaries are set in this amendment. Chief deputy clerk of superior court. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 5. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 7, 14, 21, 28th days of December, 1955, and on the 4th day of January 1956 As provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 6th day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958.

Page 2682

Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia at the 1956 session, for an amendment to Georgia Laws 1939, page 565, requiring the ordinary, sheriff, clerk superior court, tax receiver, tax collector, and county treasurer to name a chief deputy. Any pertinent amendment may be introduced and notice thereof is hereby given. This 7th day of December, 1955. Senator Everett Millican, Representative M. M. (Muggsy) Smith, Representative Hoke Smith, Representative Hamilton Lokey. Dec. 7 14 21 28 tfn. Approved February 27, 1956. SUMTER COUNTY ZONING No. 208 (House Bill No. 440). An Act to authorize the governing authority of Sumter County to create and establish restricted zones or districts; to define the boundaries and limits of such zones or districts, provided fifty-one percent of the property owners in the area of land within such zone or district consent thereto; to prohibit the erection of different kinds of buildings or structures therein and the use or maintenance thereof; to provide that the erection or maintenance or use of any building within a restricted zone or district in violation of the provisions of this Act shall constitute a nuisance, and to provide for the abatement thereof; to adopt rules and regulations for the enforcement of this Act; to provide a penalty for the violation thereof; to authorize the

Page 2683

governing authority to name a zoning and planning board; to authorize the employment of personnel; to provide for appeal; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Sumter County shall have the right, but it shall not be mandatory upon them, to create and establish restricted zones or districts throughout the territorial limits of Sumter County outside the limits of incorporated towns and municipalities in said county; to define the character and kind of buildings or structures that may be erected in such areas or districts; to prohibit the erection of different buildings or structures therein, provided fifty-one percent of the property owners in area of land within such zone or district consent thereto; to prohibit the use of maintenance of any building in such areas or districts except for the purposes specified, and to adopt rules and regulations for the enforcement of this Act. Zoning authorized. Section 2. Said governing authority may establish such areas or districts over the entire county lying outside the limits of incorporated towns and municipalities, or it may establish such areas or districts in any part of said county outside such towns and municipalities. Districts. Section 3. Before any such area or district is established or altered by said governing authority, notice of the proposed action of the governing authority shall be given publication once a week for three weeks in the newspaper wherein the sheriff's advertisements in said county are published, and also by posting a notice in three or more conspicuous places within the area to be included in such zoned or restricted area. Said notice shall contain information as to the street or streets, and road or roads which might be used as zoned boundaries, to be included in the district, and general information as to the nature of the restrictions sought to be imposed, and shall specify the time and place of the meeting of

Page 2684

the governing authority or public hearing, at which such proposed action will be considered. At such meeting of the governing authority, or any subsequent meeting to which the matter may be deferred, opportunity for hearing shall be afforded to any one who has an interest or right in the realty to be affected by the proposed zoning regulation. Any order or decision by the governing authority issued after said hearing may be reviewed by writ of certiorari issued from the superior court, upon the same terms as such writs are issued in any case. Procedure to establish. Section 4. In the case of buildings already erected in any proposed restricted area being used or designed for a purpose contrary to that which it is proposed to provide in such restricted area, the governing authority may limit the further extension, maintenance or use of any such building beyond that existing at the time the proposed restriction is to take effect. Existing uses. Section 5. Any building or structure erected, occupied, used or maintained in violation of the provisions of this Act, or in violation of the order of the governing authority in pursuance of this Act, is hereby declared to be a nuisance, and it is hereby made the duty of the solicitor-general of the circuit in which Sumter County is located to prosecute all persons violating the provisions of this Act. This remedy is cumulative of other remedies provided by law for the abatement of nuisances. Said solicitor may proceed by prosecution of the guilty persons or by action to abate a nuisance or by injunction or otherwise, as he may see fit. This section shall not derogate from the right of any interested person to proceed otherwise. Violations. Section 6. Any person, firm or corporation violating any of the provisions of this Act or any restrictions imposed by authority of the Act, shall be guilty of a misdemeanor and, upon conviction, shall be subject to fine or imprisonment, or both, as provided by law. Section 7. The governing authority of Sumter County

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shall have the right to make and establish rules and regulations to carry into effect this Act, and to enforce same, and they are authorized to make additional rules and to modify those existing from time to time, as they may see fit, in order to better carry out the purposes of this Act. Rules and regulations. Section 8. This Act shall not repeal any law now in force restricting the construction and defining the conditions under which cemeteries, hospitals and other similar institutions may be constructed and maintained within Sumter County, Georgia. Cemeteries, hospitals. Section 9. The governing authority may, from time to time, alter or change the boundaries of any restricted area of district authorized by this Act, or the restriction upon the whole or any part of the property included within any restricted area theretofore established by authority of the governing authority; provided, consent thereto is obtained from fifty-one percent of the owners in area of land in such affected zone or district, and the same notice and opportunity to be heard is given as provided in Section 3 of this Act for the establishment of a restricted zone or district. Changes in districts. Section 10. The governing authority is hereby authorized to establish a zoning and planning board to assist in performing the functions of the governing authority under this Act. If such zoning and planning board is created, it shall consist of three members, to be appointed by the governing authority under such rules and regulations as the governing authority may prescribe. The governing authority is hereby authorized to employ such personnel as it deems necessary to assist it in the performance of its functions under this Act, and such personnel may include technical experts in the field of zoning and planning. The compensation of such personnel shall be paid from the general funds of Sumter County. Zoning and planning board. Section 11. If any part of this Act should, for any

Page 2686

reason, be declared unconstitutional by a court of competent jurisdiction, such declaration shall not affect the validity of the remainder of the Act, and the remaining part of the Act shall remain of full force and effect as if such Act had been passed with the unconstitutional part thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining part of this Act without including therein any such part which is declared unconstitutional as aforesaid. Section 12. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Sumter County. Before me personally appeared J. R. Blair, who being duly sworn, deposes and says that as the editor and publisher of the Times Recorder, and that the same is a public gazette published in the City of Americus, Sumter County, Georgia. It is the newspaper in which is published the sheriff sales of said County of Sumter and said State. Deponent further says that the attached notice of intention to introduce the proposed legislation in the January-February session, 1956 of the General Assembly of Georgia has been published in the Times Recorder on the following dates: January 13th., 1956; January 20th., 1956; January 27th, 1956. /s/ J. R. Blair. Sworn to and subscribed before me this the 28th day of January, 1956. /s/ H. A. Smith, Jr. Notary Public Sumter Co., Ga. Notary Public, Georgia, State at Large. My commission expires March 15, 1956. (Seal)

Page 2687

Legal No. 4608 Notice of Local Legislature. Notice is hereby given that it is the intention of the undersigned to introduced a bill of local or special nature in the next session of General Assembly of the State of Georgia, to be entitled: An Act to authorize the Commissioners of Roads and Revenues of Sumter County, Georgia, to pass zoning and planning laws whereby said Sumter County may be zoned or districted for various uses provided therein, and regulating the use for which said zones or districts may be set apart and regulating the plans for development and improvements of real estate therein, within said zone or district, and for other purposes. Americus and Sumter County Chamber of Commerce. By: J. P. Luther. Approved February 27, 1956. MT. VERNON CORPORATE LIMITS. No. 213 (House Bill No. 362). An Act to amend an Act creating a new charter for the Town of Mt. Vernon, in the County of Montgomery, approved August 18, 1919 (Ga. L. 1919, p. 1118) as amended by an Act approved February 8, 1955 (Ga. L. 1955, p. 2241), so as to change the corporate limits of the Town of Mt. Vernon; 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 Town of Mt. Vernon, in the County of Montgomery, approved August 18, 1919 (Ga. L. 1919, p. 1118) as amended

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by an Act approved February 8, 1955 (Ga. L. 1955, p. 2241) is hereby amended by striking Section 2 and in lieu thereof inserting the following: Section 2. The corporate limits of said Town of Mt. Vernon as enacted by this Act shall be as follows, to wit: The north line, the west line and the south line to be straight lines, the distance from the courthouse in said town to the nearest point on the northern line to be one and one-quarter miles, and the distance from said courthouse to the nearest point on the south line and west line to be one-half mile each, said northern line and western line and the southern line being the same as shown, in the Act creating the corporation of the Town of Mt. Vernon, approved October 6, 1891, the eastern line beginning at the southeast corner of the old incorporate limits, and running from thence a straight line to the nearest point of the corporate limits of the Town of Ailey, thence in a north westerly course along the corporate limits of the Town of Ailey until it strikes and intersects the corporate limits of Mt. Vernon, thence along the old corporate limits of Mt. Vernon in a northern direction until the same reaches the northeast corner of said town as the same was originally laid out, and that area beginning at the center of the north door of the Main Building of Brewton Parker Jr. College at a point which is the boundary line of the city limits of both Mt. Vernon and Ailey, Georgia and run north 11 degrees east approximately 3256 feet to the center of the south door, or main entrances of the newly erected Montgomery County Colored School, thence north 11 degrees east 1756 feet to the north boundary of the Georgia Power right-of-way which point shall be the northeast corner of said city limits, said line to be the common boundary line between the town of Mt. Vernon and Ailey; thence south 75 degrees west along the general north boundary of the Georgia Power right-of-way to a point where the same intersects the present Northwest corner of the city limits of said town. Description. Section 2. All laws and parts of laws in [Illegible Text] [Illegible Text] this Act are hereby repealed.

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Georgia, Montgomery County. Personally appeared before me, a notary public, the undersigned, Herman McBride, who on oath says that he is the managing editor and publisher of the Montgomery Monitor, a newspaper published in the County of Montgomery State of Georgia, in which sheriff's and legal notices are published for the year of 1955 and the citation hereto attached was published in the Montgomery Monitor on December 1st, 8th, 15th and 22nd, 1955. This 14th day of January 1956. /s/ Herman McBride Managing Editor, Montgomery Monitor. Sworn to and subscribed before me this 14th day of January 1956. L. C. Underwood, Notary Public. Notice of Local Legislation. Georgia, Montgomery County. Notice is hereby given that at the next session of the Legislature of Georgia, I will introduce a Bill to Amend the Charter of the Town of Mount Vernon, Georgia to extend the Town limits on the Northeast boundary to include part of the property recently acquired to erect a Colored Public School and lands adjacent thereto, and for other purposes. This 1st day of December, 1955. Joe C. Underwood, Representative of Montgomery County, Georgia. 14-4t. Approved February 27, 1956.

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STONE MOUNTAIN CHARTER AMENDED. No. 214 (House Bill No. 464) An Act to amend the charter of the City of Stone Mountain approved on August 21, 1929, as amended by the several subsequent Acts, by amending Section 18 and Section 24 of said Act and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act of August 21, 1929, providing for a new charter for the City of Stone Mountain be amended so Section 18 and Section 24 of said Act when amended shall read as follows: The election of a city clerk or the election of a police officer or police officers shall be changed from a specified time, to a permanent position, so long, as their work and character remains satisfactory. If the occasion should arise where charges were presented against the city clerk or police officer or police officers, it shall be the duty of the mayor to call a special meeting of the city council, and said city clerk, police officer, or police officers shall be given the opportunity to defend said charges presented against them. Removal of any such officer shall require a two-thirds vote of the whole council. City clerk and police. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith, the same are hereby repealed, provided all corporate powers heretofore granted to said municipality shall remain in full force and effect to be executed in the manner and method provided by this Act. Georgia, Dekalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of

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which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 5, 12, 19-1956. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 25 day of January, 1956. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal) Copy of Notice. Notice of Intention to Apply for Local Legislation. Georgia, Dekalb County: Notice is hereby given that the City of Stone Mountain intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia, to amend the charter of the City of Stone Mountain, the title to such bill or bills to be as follows: An Act to be entitled an Act to amend Section 18 and Section 24 in the charter of the City of Stone Mountain, approved 1929 (Ga. L., p. 1309) concerning the election of the city clerk and police. The amendments shall change the election of a city clerk and police by the mayor and council for a specified time, to a permanent position, so long, as their work and character remains satisfactory. If the occasion should arise where charges were presented against the city clerk or police. A special hearing shall be called by the mayor, and said city clerk or police officer or police officers shall be given the opportunity to defend said charges presented against them. And only removed by a two-thirds of the whole council voting for the removal of said city clerk or said police officer or said police officers.

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This 27th day of December, 1955. City of Stone Mountain, By Marion Guess, City Attorney, Stone Mountain, Georgia. Sworn to and subscribed before me, this the 27th day of December, 1955. /s/ Mrs. Vivian Hamly, Notary Public, Georgia, State at Large. My commission expires Aug. 11, 1958. 1-5-3t Approved February 27, 1956. AILEY CHARTER AMENDED. No. 215 (House Bill No. 360). An Act to amend an Act entitled An Act to incorporate the Town of Ailey, in the County of Montgomery, to define the duties, powers and liabilities of its incorporators and officers, and for other purposes connected therewith, approved December 20, 1893 (Ga. L. 1893, p. 160), as amended, particularly by an Act approved August 16, 1907 (Ga. L. 1907, p. 367), so as to change the corporate limits of the Town of Ailey; to change the election 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 incorporate the Town of Ailey, in the County of Montgomery, to define the duties, powers and liabilities of its incorporators and officers, and for other purposes connected therewith, approved December 20, 1893 (Ga. L. 1893, p. 160), as amended, particularly by an Act approved August 16, 1907 (Ga. L. 1907, p. 367) is hereby amended by striking Section 3 and in lieu thereof inserting the following:

Page 2693

Section 3. The corporate limits of said town shall be within the following boundary, that is to say all that territory lying within the lines beginning and running as follows: Beginning at the present limits of Broad street, south one-half mile from the depot on the S. A. L. Railway, and continuing an extension of said street on a straight line to a point where said street intersects with the public road leading from Mount Vernon, known as the Savannah road, thence west along northern side of said public road to a point near Limestone Branch, where said public road intersects with a straight line running parallel with and through the center of the now main school building of the Union Baptist Institute, said straight line extending in a northwestern direction beyond said Union Baptist Institute, and to a point where said straight line intersects a branch, and thence up the western prong of such branch to the southside of the S. A. L. Railway right-of-way, thence east along said right-of-way, to the present limit of said town one-half mile from the depot of the S. A. L. Railway, and all that territory within the following area, to wit: Beginning at the center of the north door of the Main Building of Brewton Parker Jr. College at a point which is the boundary line of the city limits of both Ailey and Mt. Vernon, Georgia, and running north 11 degrees east, approximately 3256 feet to the center of the south door, or main entrance of the newly erected Montgomery County Colored School, thence north 11 degrees east 1756 feet to the north boundary of the Georgia Power right-of-way which point shall be the northwest corner of said city limits, said line to be the common boundary line between the Town of Ailey and Mt. Vernon, thence south 74 degrees 45 minutes east to a point on State Highway Route 227, locally known as the Ailey-Kibbee Road, where the same intersects the northern boundary of the present city limits. Corporate limits. Section 2. Said Act is further amended by striking Section 5 and in lieu thereof inserting the following: Section 5. On the second Tuesday in December in

Page 2694

each year an election shall be held in said town under the same laws, rules and regulations that govern elections for county officers for a mayor and six councilmen of said town, who shall hold their offices for one year and until their successors are duly elected or qualified. The mayor and councilmen elected each year shall take office on January 1st of the year following election. If no election shall be held on the day specified herein, such election may be held at any time thereafter by order of the mayor, and in his absence, refusal or failure by any two or more of the last councilmen of said town, and in the case of their absence, refusal or failure then by any ten qualified voters of said town. Said election when not held at the regular time shall be advertised for ten days within said town. The first election held under the provisions of this Act shall be held on the second Tuesday in December, 1956. Election of mayor and council. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that at the next session of the legislature of Georgia, I will introduce a bill to amend the charter of the Town of Ailey, Georgia, to provide for the extension of the town limits on the northwest boundary to include part of the property recently acquired to erect a colored public school and lands adjacent thereto; Also to provide that the date of having annual election of mayor and council for said town be on the second Tuesday in December with the mayor and council elected at that time to assume duties on the first day of January following their election; to provide the manner in which the candidates for said offices are to qualify and for other purposes. This 1st day of December, 1955. Joe C. Underwood, Representative of Montgomery County, Georgia.

Page 2695

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe C. Underwood, who, on oath, deposes and says that he is Representative from Montgomery County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor, which is the official organ of said county, on the following dates: Dec. 1st, 8th, 15th and 22nd, 1955. /s/ Joe C. Underwood, Representative, Montgomery County. Sworn to and subscribed before me, this 28 day of Jan., 1956. /s/ W. H. Key, Notary Public. Approved February 27, 1956. ATHENSSTREET CLOSING AUTHORIZED. No. 216 (House Bill No. 347). An Act to amend an Act entitled, An Act to amend the charter of the Town of Athens and the various Acts amendatory thereof, approved August 24, 1872, and the several Acts amendatory thereof, so as to close the unopened portion of O'Farrell Street between Burnett Avenue and the property of the University of Georgia within the corporate limits of The Mayor and Council of the City of Athens and to transfer all of the public right, interest and title therein to the abutting property owners. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows:

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Section 1. The unopened portion of O'Farrell Street lying within the corporate limits of The Mayor and Council of the City of Athens and being between Burnett Avenue and the property of the University of Georgia is hereby closed; and all of the right, title and interest of the public therein is hereby transferred to the property owners abutting said portion of said street on the east and west. O'Farrell Street. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response to a request by The Mayor and Council of the City of Athens, intend to apply to the General Assembly of Georgia at the January 1956 session thereof, for the passage of a local bill closing the unopened portion of O'Farrell Street between Burnett Avenue and the property of the University of Georgia within the corporate limits of the City of Athens and transferring all of the public right, title and interest herein to the abutting property owners. This 28th day of December, 1955. Robert G. Stephens, Jr., Chappelle Matthews, Representatives from Clarke County in the General Assembly of Georgia. d30-j6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the

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newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner-Herald on December 30, 1955, January 6, 1956 and January 13, 1956. /s/ E. B. Braswell. Certified, sworn to and subscribed before me, this 24th day of January, 1956. /s/ James Barrow, Notary Public, Clarke County, Georgia. (Seal) Approved February 27, 1956. MILLEDGEVILLEZONING. No. 217 (House Bill No. 156) An Act to authorize the governing authority of the City of Milledgeville to provide for zoning and planning; to authorize joint operation with Baldwin County; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of the City of Milledgeville is hereby authorized to pass zoning and planning laws as authorized by the Constitution of Georgia. The governing authority is further authorized, if it so desires, to form a planning board in conjunction with the governing authority of Baldwin County, and to perform all acts relative to zoning and planning jointly with Baldwin County. Zoning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Georgia, Baldwin County: Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia a bill to make provisions relative to zoning and planning for the City of Milledgeville, and for other purposes. This 20th day of December, 1955. Joseph B. Duke. W. C. Massee. 12 22 3tc Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph B. Duke, who, on oath, deposes and says that he is Representative from Baldwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of said county, on the following dates: Dec. 22 29, 1955 and Jan. 5, 1956. /s/ Joseph B. Duke, Representative, Baldwin County Sworn to and subscribed before me, this 16 day of Jan., 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal) Approved February 27, 1956.

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WARNER ROBINS CHARTER AMENDED. No. 220 (House Bill No. 307) An Act to amend an Act creating a city charter for the municipality of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2089), so as to change and redefine the corporate limits of said municipality; to provide for increase in salaries of mayor and councilmen; to provide for levy of ad valorem taxes not exceeding 20 mills; to repeal an amendment to said charter designated as Warner Robins Officials (Ga. L. 1950, pp. 2089-2097), and to repeal an amendment to said charter designated as Warner Robins Charter Amended (Ga. L. 1955, pp. 2093-2101), to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a city charter for the municipality of Warner Robins, approved March 5, 1943 (Ga. L. 1943, p. 1624), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2089) is hereby amended by striking Section 2 of said Act, defining the corporate limits of said city, and inserting in lieu thereof a new section to read as follows: Section 2. The corporate limits proper of the City of Warner Robins shall be as follows: Beginning at a point on the westerly boundary of the right-of-way of Macon-Hawkinsville Highway 247 where the southerly line of Land Lot 241 intersects therewith, in the Fifth District of Houston County, Georgia, and thence from said beginning point running in a westerly direction, along the southerly boundaries of Land Lots 241, 223, and 220 to the southwesterly corner of said Land Lot 220, and thence running in a northerly direction along the westerly boundary of said Land Lot 220 to the northwesterly corner of said Land Lot 220, and

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thence running in a westerly direction along the southerly boundaries of Land Lots 198, 193, 172 and 167 to a point where the center line of said Land Lot 167 intersects with the southerly boundary thereof, and thence running in a northerly direction, across said Land Lot 167 to a point on the northerly boundary thereof which point is 1435.3 feet westerly of the northeasterly corner of said Land Lot 167 and thence running in a northerly direction, N 01 degree 37 minutes 30 seconds west, along the westerly boundary of Woodland Hills Subdivision, for a distance of 1436.1 feet to the northwesterly corner of said subdivision, and thence running in a northerly direction, N 03 degrees 42 minutes west, to the easterly right-of-way boundary of Corder Road (formerly known as Old Factory Road) and thence running in a northeasterly direction, along the easterly boundary of said Corder Road to the southerly boundary of Warner Robins-Centerville Highway, and thence running in an easterly direction along said southerly boundary of said Warner Robins-Centerville Highway to a point where the centerline of Land Lot 173 intersects therewith and thence running in a northerly direction, along the center line of Land Lots 173 and 174 to the northerly boundary of said Land Lot 174, and thence running in an easterly direction, along the northerly boundary of Land Lot 174 to the northeasterly corner thereof and thence running in a northerly direction, along the westerly boundary of Land Lot 190, N no degrees, six minutes E, for a distance of 874.95 feet and thence running in an easterly direction, S 89 degrees, 48 minutes, thirty seconds E, across said Land Lot 190 to the westerly boundary of Land Lot 201 and thence running in a northerly direction along the westerly boundaries of Land Lots 201, 202, and 203, to a point on the centerline of said Land Lot No. 203 and thence running in an easterly direction along the centerline of said Land Lot 203 to the westerly boundary of Davis Drive and thence running in a southerly direction, along the westerly boundary of said Davis Drive to the northerly boundary of Land Lot 201 and thence running in an easterly direction along the northerly boundaries of Land Lots 201 and 216 to the westerly right-of-way

Page 2701

boundary of said Macon-Hawkinsville Highway number 247 and thence running in a southerly direction along the westerly right-of-way boundary of said highway to point of beginning. Corporate limits. Section 2. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. The governing authority of said municipality shall consist of a mayor and four councilmen, with the mayor to draw a salary at the rate of five thousand two hundred ($5,200.00) dollars, per year on and beginning with the date of the approval of this Act and with the councilmen to draw salaries at the rate of six hundred ($600.00) per year, on and beginning with the date of the approval of this Act, all of said salaries payable monthly. Mayor and council. Section 3. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The corporation shall have power and authority to levy and collect a tax upon all property, real and personal, within the limits of the municipality; provided that no tax upon real or personal property shall exceed twenty (20) mills upon the value thereof, the exact tax levy to be determined by resolution of the mayor and council, but not to exceed said twenty (20) mills. Ad valorem tax. Section 4. Said Act is further amended by striking from Section 8 (a) thereof the words and figure twenty-one (21) years and inserting in lieu thereof the words and figure eighteen (18) years so that said Section 8 (a) shall read as follows: Section 8 (a). Such person shall be at least eighteen (18) years of age. Section 5. Be it further enacted as follows: Whereas

Page 2702

in 1950, in a referendum held in the municipality of Warner Robins, Georgia, the charter amendment known as Bill No. 566 (House Bill No. 790), pages 2089-2097, Georgia Laws of 1950Warner Robins Officials was not adopted, said entire amendment is hereby repealed. Act of 1950 repealed. Section 6. Be it further enacted as follows: Whereas in 1955, in a referendum held in the municipality of Warner Robins, Georgia, the charter amendment known as Bill No. 27 (House Bill No. 59), pages 2093-2101. Georgia Laws of 1955Warner Robins Charter Amended was not adopted, said entire amendment is hereby repealed. Act of 1955 repealed. Section 7. The provisions of this Act are severable. If any part of this Act is declared invalid or unconstitutional, such declarations shall not affect the parts which remain. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, local legislation to amend an Act entitled An Act to create and incorporate a new municipality in Houston County, Georgia, to be known as Warner Robins; to provide a charter for and to declare the rights, powers and privileges of said municipality, and its officers; and for other purposes. An Act approved March 5, 1943, and all Acts amendatory thereof. And for other purposes. John W. Bloodworth, Houston County Representative. Georgia, Houston County. Personally appeared before the undersigned Cooper Etheridge, who on oath says that he is editor of the Houston Home Journal, a newspaper published in Houston

Page 2703

County, Georgia, in which the sheriff's advertisements were published during 1956 to date and that the foregoing notice of local legislation was published in said newspaper on January 5, 12 and 19, 1956. This the 21 day of January, 1956. /s/ Cooper Etheridge, Editor, Houston Home Journal. Perry, Georgia. Sworn to and subscribed before me, this 21 day of January, 1956. /s/ Tommie S. Hunt, Clerk S. C. Ho. Co. Ga. Approved February 27, 1956. AVONDALE ESTATES CHARTER AMENDED. No. 221 (House Bill No. 463). An Act to amend an Act establishing the City of Avondale Estates approved August 25, 1927, so as to provide for the appointment of the city attorney by the board of mayor and commissioners and to change the number of qualified registered voters required to sponsor a candidate for election to the board of mayor and commissioners. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that an Act creating the City of Avondale Estates approved August 25, 1927, be, and the same hereby is amended as follows: Section 1. That Article VI, Section 1, the fourth sentence thereof of the charter of the City of Avondale Estates be, and the same is hereby amended by removing the position of city attorney from the appointments made

Page 2704

by the city manager so that said sentence as amended will read: The recorder, chief of police, and all other officers, agents and employees, except the treasurer, the city judge, the board of education and the appointees of the board of education, and the city attorney, provided for elsewhere in this charter, shall be appointed by the city manager and removable by him for cause at any time. Appointment of officers, etc. Section 2. That Article IX of the charter of the City of Avondale Estates be, and the same is hereby amended, by adding thereto a new section to be known as Section 3 which shall read as follows: The city attorney shall be appointed by the board of mayor and commissioners and shall serve at the pleasure of said board of mayor and commissioners. City attorney. Section 3. That Article II, Section I of the Charter of the City of Avondale Estates be, and the same hereby is amended by striking the entire second sentence of Article II, Section I and inserting in place thereof the following sentence which reads, Any legally qualified registered voter may become a candidate for any elective office of the city upon a petition signed by at least three of the qualified registered voters of the city, said petition to be filed not later than 20 days preceding the date of the election. Petition for candidacy Section 4. That all laws and parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County, Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of

Page 2705

DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being January 5, 12, 19, 1956. The DeKalb New Era /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 20th day of January, 1956. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal) Copy of Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Avondale Estates intends to apply for the passage of local legislation at the session of the General Assembly of Georgia convening in January, 1956, to amend the charter of the City of Avondale Estates, the title to such bill to be as follows: An Act to amend an Act establishing the City of Avondale Estates approved August 25, 1927, so as to provide for the appointment of the city attorney by the board of mayor and commissioners and for other purposes. This 4th day of January, 1956. Dewey C. Brown, Jr., City Manager. Morgan C. Stanford, Attorney for City of Avondale Estates. 1-5-3t Approved February 27, 1956.

Page 2706

JESUPLAND CONVEYANCE RATIFIED. No. 222 (House Bill No. 429). An Act to ratify the action of the mayor and council of the City of Jesup relative to the issuance of a deed to a portion of an alley located in said city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The ordinance adopted November 22, 1955, by the mayor and council of the City of Jesup authorizing the execution of a quit-claim deed from the City of Jesup to the abutting property owners of a portion of a certain alley described more fully hereinafter, is hereby ratified. The quit-claim deed issued pursuant thereto, dated November 22, 1955 from the City of Jesup to C. A. Beaver and filed in the office of the Clerk of the Superior Court of Wayne County, is hereby ratified and affirmed. The property involved is described in said deed as follows: That certain tract or parcel of land situate, lying and being in the City of Jesup, Wayne County, Georgia, measuring 20 feet in width by 200 feet in length, designated according to the official map of the City of Jesup as an alley, bounded on the southeast 200 feet by City Lot No. 937; southwest 20 feet by Plum Street; northwest 200 feet by City Lot No. 290; and on the northeast 20 feet by a certain alley. Description. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. I, the undersigned editor, publisher, and owner of The Jesup Sentinel, an official organ of Wayne County, Jesup, Georgia, do certify that the attached legal advertisement appeared in the regular issues of The Jesup Sentinel on January 12, 19, and 26, 1956. /s/ M. B. Rhoden, Editor, The Jesup Sentinel.

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Sworn to and subscribed before me, this 24th day of January, 1956. /s/ Shirley A. Copeland, Notary Public, Wayne County, Ga. My commission expires Mar. 22, 1959. (Seal Affixed) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, legislation ratifying a deed by the City of Jesup to a portion of an alley located in the City of Jesup, said deed being dated November 22, 1955; and for other purposes. This 11th day of January, 1956. Robert L. Harrison, Representative, Wayne County. 12-19-26-cofj Approved February 27, 1956. DEKALB COUNTY BOARD OF EDUCATION. No. 225 (House Bill No. 245). An Act to amend an Act approved February 25, 1949 (Ga. L. 1949, p. 1241) entitled An Act to create and establish in DeKalb County districts from which the members of the County Board of Education of DeKalb County, Georgia, shall be elected by the voters of such districts; to provide for the number of such districts and the number of members to be elected therefrom; to define and prescribe the boundaries thereof; to fix the terms of the members of the county board of education and the time, place, and method of electing such members; to provide that the members of the board

Page 2708

of education now serving shall continue as the members of said board of education until the expiration of their present terms; to grant to the members of said county board of education the authority to elect the County School Superintendent of DeKalb County at the expiration of the present term of the county school superintendent; and for other purposes, so as to re-define the boundaries of the electoral districts thereby created and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that Section One of Georgia Laws of 1949, pp. 1241-1245, approved February 25, 1949, be amended by striking said section in its entirety and substituting therefor a new section, so that when said section is so amended, it should read as follows: Section 1. There are hereby created in DeKalb County five districts to be known as School Board Electoral Districts, hereinafter referred to as Electoral Districts, from each of which there shall be elected in the manner hereinafter prescribed one member of the Board of Education of DeKalb County. The boundaries of said districts are hereby defined as follows: Electoral District Number One shall consist of Georgia Militia District Numbers 487, 683, 563, 1398 and 1045; Electoral districts. Electoral District Number Two shall consist of Georgia Militia District Numbers 531 and 1379; Electoral District Number Three shall consist of Georgia Militia District Numbers 1327, 572, and 637; Electoral District Number Four shall consist of Georgia Militia District Numbers 1666, 536, 1448, 1342 and 1586; Electoral District Number Five shall consist of Georgia Militia District Numbers 686, 1416 and 524.

Page 2709

However, no territory within the corporate limits of either Atlanta or Decatur shall be included within the boundaries of any of said electoral districts. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Section 3. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 22, 29, Jan. 5. The DeKalb New Era /s/ W. H. McWhorter. W. H. McWhorter, Managing-Editor.

Page 2710

Sworn to and subscribed before me, this 19th day of January, 1956. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal Affixed) Notice of Intention to Apply for Local Legislation. Georgia, DeKalb County. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next 1956 Session of the General Assembly of Georgia for the purpose of amending the Act approved February 25, 1949 (Ga. L. 1949, p. 1241), so as to redefine the boundaries of the electoral districts of the DeKalb County School District created by said Act. This the 20th day of December, 1955. W. H. McWhorter, James O. Mackay, Guy W. Rutland, Jr., Representatives from DeKalb County, Ga. Approved February 27, 1956. GLYNN COUNTY COMMISSIONERS. No. 226 (House Bill No. 325). An Act to amend an Act creating a Board of Commissioners of Roads and Revenue of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved February 17, 1950 (Ga. L. 1950, p. 2882), so as to provide for a five member Board of Commissioners of Roads and Revenue for Glynn County, three from within the corporate

Page 2711

limits of the City of Brunswick, one from the 25th District G. M., and one to be chosen from the remainder of said county; to provide for the terms of said commissioners; to provide for date of election of said members; to provide for the succession of said 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 Commissioners of Roads and Revenue of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved February 17, 1950 (Ga. L. 1950, p. 2882), is hereby amended by striking Section 1 of said Act in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. There is hereby created and established in the County of Glynn a board of commissioners of roads and revenue consisting of five citizens of said county, three to be chosen from within the corporate limits of the City of Brunswick in said county, one to be chosen from within the limits of the 25th District, G. M., of said county, and one to be chosen from the remainder of said county which is not embraced either within the corporate limits of the City of Brunswick or within the limits of the 25th District, G. M. The members of said board shall serve terms of four years each and shall be elected in the general elections of said county. The member chosen from the county not embraced either within the corporate limits of the City of Brunswick or within the limits of the 25th District, G. M., shall be elected at the general election to be held in 1958, and shall succeed the member of the board from the county at large whose term shall expire on December 31, 1958. The member chosen from within the limits of the 25th District, G. M., shall be elected at the general election to be held in 1960, and shall succeed the member of the board from the county at large whose term shall expire on December 31, 1960. Two of the

Page 2712

members chosen from within the corporate limits of the City of Brunswick shall be elected at the general election to be held in 1958 and shall succeed the members from within the corporate limits of the City of Brunswick whose terms shall expire on December 31, 1958. One of the members chosen from within the corporate limits of the City of Brunswick shall be elected at the general election to be held in 1960 and shall succeed the member from within the corporate limits of the City of Brunswick whose term shall expire on December 31, 1960. Notwithstanding the provisions of any of the other parts of this Act, any incumbent member of the board from outside the corporate limits of the City of Brunswick, at the time this Act shall take effect, shall be eligible to succeed himself, regardless of whether or not he resides in the 25th District, G. M., or within the remainder of the county not embraced either within the corporate limits of the City of Brunswick or within the limits of the 25th District, G. M. Election, districts, terms, etc. Successors to the commissioners whose terms expire the following December 31st shall be elected at the general election immediately preceding the December 31st on which such commissioners' terms expire, and shall be elected for terms of four years each. The said board shall elect one of its members as its chairman. Should any commissioner change his residence from the geographical area of the county from which he was elected, a vacancy shall be created thereby, and such vacancy shall be filled as provided in Section 3 of said Act of 1937, hereinabove referred to. Until January 1, 1959, the present board of commissioners of roads and revenue of said county, shall continue to hold office. On January 1, 1959, the two members elected to succeed the two members whose terms shall expire on December 31, 1958, shall take office upon being commissioned and qualifying, and they, together

Page 2713

with the three members whose terms expire on December 31, 1960, shall constitute the board of commissioners. Every two years thereafter, the persons elected in the general election to succeed the commissioners whose terms expire on December 31st following the general election, shall, upon being commissioned and qualifying, become members of the board of commissioners of roads and revenue of said county. Section 2. Should any part of this Act be held to be unconstitutional, such holding shall not affect or destroy the validity of any other provisions, portions, or parts of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the regular session of the General Assembly of Georgia which convenes on January 9, 1956, a local bill to be entitled An act to amend an Act entitled `An Act to amend an Act entitled an Act to create a Board of Commissioners of Roads and Revenue for Glynn County, Georgia, approved February 11, 1937' (Ga. L. 1937, pp. 1336 et seq.) and all Acts amendatory thereof, and particularly the Act approved February 17, 1950 (Ga. L. 1950, pp. 2882, et seq.). The purpose of the bill mentioned will be to amend the Act creating the Board of Commissioners of Roads and Revenue for Glynn County, Georgia so as to provide for a board of commissioners of roads and revenue to consist of five members, of which five members three shall be from within the corporate limits of the City of Brunswick, one shall be from within the limits of the 25th District, G. M., of said county, and one shall be from the remainder of the county which is not embraced either within the corporate limits of the City of Brunswick or within the limits of the 25th District, G. M., of said county; to provide for the terms of the commissioners; to provide for the election of one of

Page 2714

the commissioners as the chairman of the board; and for other purposes. This January 5th, 1956. /s/ William R. Killian, /s/ B. N. Nightingale, Representatives of Glynn County, Ga. 1/6-13-20 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William R. Killian, who, on oath, deposes and says that he is Representative from Glynn County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Brunswick News, which is the official organ of said County, on the following dates: January 6, 1956; January 13, 1956; and January 19, 1956. /s/ William R. Killian, Representative, Glynn County. Sworn to and subscribed before me, this 26 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved February 27, 1956.

Page 2715

ATHENSFIREMEN'S PENSION SYSTEM AMENDED. No. 228 (House Bill No. 343). An Act to amend Section 11 of the amendment to the charter of The Mayor and Council of the City of Athens approved on February 15, 1939, creating the Athens Firemen's Pension System so as to implement collection of the tax provided for by Section 11 of said amendment approved February 15, 1939, by providing for the making of returns by all fire and lightning insurance companies or associations made liable to tax by said section of said amendment; by providing for the review of said returns as the returns of personal property for ad valorem taxation by The Mayor and Council of the City of Athens are reviewed; and by providing for the assessment of said tax against persons required to make said returns who fail to do so as such assessment is now authorized to be made against taxpayers failing to return personal property for ad valorem taxation by The Mayor and Council of the City of Athens. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Section 11 of the amendment to the charter of The Mayor and Council of the City of Athens creating the Athens Firemen's Pension System which said amendment was approved on February 15, 1939, is hereby amended by adding to the end of said Section 11 of said amendment the following: Every fire and lightning insurance company or association insuring property situated within the corporate limits of the City of Athens shall make returns in forms to be prescribed by The Mayor and Council of the City of Athens at such times as may be required by The Mayor and Council of the City of Athens showing the amount of the premiums made subject to taxation by this section of this Act.

Page 2716

Said returns shall be reviewed and revised as returns of personal property for ad valorem taxation by The Mayor and Council of the City of Athens are now authorized to be reviewed and revised. Any fire or lightning insurance company or association required to make a return pursuant to this section of this Act which fails to do so shall be assessed for said premium tax as assessment is now authorized to be made against taxpayers failing to return personal property for ad valorem taxation by The Mayor and Council of the City of Athens so that said Section 11, after amendment, shall read as follows: Sec. 11, Act of 1939 amended. Section 11. A tax of one per centum shall be levied by The Mayor and Council of the City of Athens against the premiums of all fire and lightning insurance companies or associations on property situated within the corporate limits of said city, to be collected from and after the passage of this Act. Every fire and lightning insurance company or association insuring property situated within the corporate limits of the City of Athens shall make returns in forms to be prescribed by The Mayor and Council of the City of Athens at such times as may be required by The Mayor and Council of the City of Athens showing the amount of the premiums made subject to taxation by this section of this Act. Said returns shall be reviewed and revised as returns of personal property for ad valorem taxation by The Mayor and Council of the City of Athens are now authorized to be reviewed and revised. Any fire or lightning insurance company or association required to make a return pursuant to this section of this Act which fails to do so shall be assessed for said premium tax as assessment is now authorized to be made against taxpayers failing to return personal property for ad valorem taxation by The Mayor and Council of the City of Athens. Premium tax on insurance companies. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that the undersigned, in response

Page 2717

to a request by The Mayor and Council of the City of Athens, intend to apply to the General Assembly of Georgia at the January, 1956, session thereof for an amendment to the charter of The Mayor and Council of the City of Athens, amending Section 11 of the amendment to the charter of The Mayor and Council of the City of Athens approved February 15, 1939, creating the Athens Firemen's Pension System so as to implement collection of the tax provided for by said section of said Act by providing for and making of returns by all fire and lightning insurance companies or associations made liable to tax by said section of said Act; by providing for the review of said returns as returns of personal property for ad valorem taxation by The Mayor and Council of the City of Athens are reviewed; and by providing for the assessment of said tax against persons required to make said returns who fail to do so as such assessment is now authorized to be made against taxpayers failing to return personal property for ad valorem taxation by The Mayor and Council of the City of Athens. This 28th day of December, 1955. Robert G. Stephens, Jr., Chappelle Matthews, Representatives from Clarke County in the General Assembly of Georgia. d30-j6-13 Georgia, Clarke County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, E. B. Braswell who, being put upon oath, certifies, deposes and swears that he is the publisher of the Athens Banner-Herald; that the Athens Banner-Herald is the newspaper in which sheriff's advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in the Athens Banner-Herald on December

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30, 1955, January 6, 1956 and January 13, 1956. /s/ E. B. Braswell. Certified, sworn to and subscribed before me, this 24th day of January, 1956. /s/ James Barrow, Notary Public, Clarke County, Georgia. (Seal) Approved February 27, 1956. HON. CARL VINSON COMMENDED. No. 51 (House Resolution No. 231). A Resolution. Commending Honorable Carl Vinson; and for other purposes. Whereas, Honorable Carl Vinson, United States Congressman from the Sixth Congressional District of Georgia, has introduced in Congress a proposal to amend the Constitution of the United States so as to preserve States' rights and to prevent enroachment thereon by the Federal Government, and Whereas, he has long and earnestly fought for the principles for which the South stands, and has been one of the most able and efficient public servants this State has produced. Now, therefore, be it resolved by the General Assembly of Georgia, that this body go on record as expressing its appreciation to Honorable Carl Vinson for his efforts in behalf of States' rights and Southern traditions, and that he be commended for his courageous

Page 2719

fight against the evils of concentrated Federal authority. Be it further resolved that the Clerk of the House is hereby instructed to transmit a suitable copy of this Resolution to Honorable Carl Vinson. Approved February 27, 1956. SOUTHERN FOREST FIRE PREVENTION CONFERENCE. No. 53 (House Resolution No. 220). A Resolution. Endorsing the Southern Forest Fire Prevention Conference and urging participation and attendance thereon by public officials and other persons. Whereas, Georgia's forests are one of her greatest natural resources, cover two-thirds of the land area of the State, and constitute the greatest agricultural crop of the State; and Whereas, the State's woodlands provide the raw materials for manufacturing operations which return to landowners and industry more than $570 million dollars each year; and Whereas, more than 200,000 Georgians gain their livelihood from forestry and forest industries; and Whereas, the conservation of the State's woodlands is of great import to every Georgian and affects the welfare of all; and Whereas, conservation and wise utilization of forest products becomes increasingly important to our State and community, and

Page 2720

Whereas, fire constitutes the most destructive enemy of Georgia's forestlands, and effective forest fire prevention is the paramount need of fire control in this State, and Whereas, it is mandatory that means of preventing fires be determined and that all Georgians join vigorously in the effort to prevent destructive wild fires, thereby reducing the more than 10,000 fires, heretofore occurring each year in this State, Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Georgia General Assembly does hereby, give wholehearted endorsement and support to the forthcoming Southern Forest Fire Prevention Conference to be held in New Orleans on April 13-14, and particularly urges attendance and participation in said conference by law enforcement personnel, public officials and other persons. Approved February 27, 1956. COMPENSATION TO MR. AND MRS. JONES FOR INJURIES. No. 54 (House Resolution No. 68-200c). A Resolution. To compensate T. Q. Jones and Mrs. Vallie Jones, Gainesville, Hall County, Georgia, for injuries and property damage they received in an accident with a State Highway Department maintenance vehicle; and for other purposes. Whereas, on October 5, 1955, Mr. T. Q. Jones and Mrs. Vallie Jones, of Hall County, Georgia were riding in a 1951 Ford sedan automobile belonging to

Page 2721

T. Q. Jones in a northerly direction along U. S. Route No. 129, approximately 2.1 miles south of the city limits of Gainesville, Georgia; and Whereas, at the same time and place Jewel D. Faulkner, an employee of the State Highway Maintenance Shop, Gainesville, Georgia, was traveling in a southerly direction on said highway in a 1948 Chevrolet pickup truck, belonging to the State Highway Department, and Whereas, upon approaching the Ford sedan driven by T. Q. Jones, Jewel D. Faulkner lost control of the Chevrolet pickup truck and skidded the same across the center line of said highway and into the Ford sedan in which T. Q. Jones and Mrs. Vallie Jones were then and there riding, and Whereas, said State Highway employee did strike said Ford sedan and knocked the same across said highway and off of the same, thereby inflicting the injuries and damages hereinafter set out, and Whereas, said collision was caused by no negligence whatsoever upon the part of Mr. and Mrs. T. Q. Jones, and was solely and proximately caused by the negligence of said Jewel D. Faulkner in the operation of said state vehicle, and Whereas, T. Q. Jones received lacerations on the nose and right eye and multiple contusions and his glasses were broken, and Mrs. Vallie Jones received severe lacerations on the forehead and left eye and multiple bruises and abrasions to face and legs and her glasses were broken, and both parties were hospitalized for four days and under the care of a doctor for approximately six weeks, and Whereas, T. Q. Jones' automobile was a virtual total loss and he has been unable to work since said

Page 2722

accident and has suffered the following actual special damages: (1) Damage to automobile $ 641.93 (2) Hospital bills 107.85 (3) Doctors' bills 211.50 (4) Ambulance 5.00 (5) Wrecker fees 10.00 (6) Loss of earnings 420.00 $1,396.28, And Whereas, it appears that neither said vehicle or employee is covered by liability insurance. Now, therefore, be it resolved by the House of Representatives, and the Senate concurring, that the State Highway Department be and it is hereby ordered and directed to pay to Mr. and Mrs. T. Q. Jones the sum of $976.28 as compensation for the injuries and damages herein set out. This payment shall be made from funds appropriated to or available to said department for such purposes. Approved February 27, 1956. COMPENSATION TO DR. HESS AND CLARK, INC. No. 58 (House Resolution No. 116-319g). A Resolution. To compensate Dr. Hess and Clark, Inc. for damages to an automobile; and for other purposes. Whereas, on November 24, 1954, at approximately 3:45 P. M., a 1953 Ford 2-door automobile was damaged on Georgia State Highway No. 29, ten miles south of Dublin in Laurens County, when a motor grader

Page 2723

owned by the State Highway Department and driven by Roy Hardy, crossed said road into the path of the car owned by Dr. Hess and Clark, Inc.; and Whereas, said automobile was driven by Mr. W. R. Waters of Reidsville, Georgia, a salesman for said company; and Whereas, the damage to said automobile was caused by the negligence of the driver of the motor grader; and Whereas, the automobile was damaged in the amount of $215.55. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay to Dr. Hess and Clark, Incorporated, of Ashland, Ohio, the sum of $215.55, as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said State Highway Department. Approved February 27, 1956. J. T. BRUCE AND OTHERS RELIEVED AS SURETIES. No. 61 (House Resolution No. 96-261j). A Resolution. To relieve J. T. Bruce, J. C. Barfield and H. H. Gill as sureties; and for other purposes. Whereas J. T. Bruce, J. C. Barfield and H. H. Gill did become sureties in the principal amount of $1000.00 in the case of the State v. William E. Price, who was charged in five (5) counts with the illegal

Page 2724

sale of liquor in the Tift Superior Court, Tifton Judicial Circuit; and Whereas, judgment was taken thereon on March 11, 1953, signed by Honorable W. C. Forehand, Judge, Superior Courts, Tifton Judicial Circuit and was recorded in Minute Book 7, p. 487, and was entered on the General Execution Docket No. 5, p. 21, of the records of the Tift Superior Court and the execution is dated April 27, 1953; and Whereas, the sureties subsequently produced the defendant in court and the taking of the judgment was the result of a misunderstanding. Now, therefore, be it resolved by the General Assembly of Georgia that J. T. Bruce, J. C. Barfield and H. H. Gill be fully relieved from any and all liability of said bond and the Clerk of the Superior Court of Tift County, Honorable Henry W. Bostwick, is hereby authorized, empowered, instructed and directed to cancel said judgment on the records of the Tift Superior Court. Approved February 27, 1956. COMPENSATION TO W. E. SHEPPARD. No. 62 (House Resolution No. 102-300c). A Resolution. Whereas, on July 28, 1955, the Georgia State Highway Department was engaged in the recapping of Highway #80 at a point between Wrens, Georgia, and Stapleton, Georgia, and Whereas, on said date W. E. Sheppard, a resident of Jefferson County, Georgia, was driving his Chevrolet

Page 2725

car past said point on said highway when a rock was thrown from one of the rear wheels of a truck owned and operated by said State Highway Department and which was being driven at the time by Charlie Darso, an employee of said Highway Department, and damaged the windshield of the car owned by said W. E. Sheppard, and Whereas, because of the damage to said windshield it was necessary for the said W. E. Sheppard to have same replaced at a cost of $58.90. Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department be, and it is hereby ordered and directed to pay to W. E. Sheppard, out of the funds appropriated and available to said department, the sum of $58.90 for the damages caused the said W. E. Sheppard as a result of the injury to his said automobile. Approved February 27, 1956. BALDWIN COUNTY COMMISSIONERS. No. 231 (Senate Bill No. 12). An Act to amend an Act creating a Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, particularly by an Act approved March 7, 1955 (Ga. L. 1955, p. 2830), so as to provide for commissioner districts; to provide for a member from each district, to be voted on county-wide; to provide for terms of office; to provide for the procedure connected therewith; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2726

Section 1. An Act creating a Board of County Commissioners for Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, particularly by an Act approved March 7, 1955 (Ga. L. 1955, p. 2830), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows: Section 1. (a) The County of Baldwin shall be governed by a board of commissioners of roads and revenues, and for the purpose of electing members of said board, the county is hereby divided into five (5) commissioner districts, as follows: Commissioner District 1, to be composed of the 320th Militia District. Districts. Commissioner District 2, to be composed of the 321st Militia District. Commissioner District 3, to be composed of the 322nd and the 1714th Militia Districts. Commissioner District 4, to be composed of the 318th and the 319th Militia Districts. Commissioner District 5, to be composed of the 105th and the 115th Militia Districts. There shall be one member of the board from each of the five commissioner districts, and any person, in order to be eligible to serve as a member of the board from any district, must be a resident of the district from which he offers as a candidate. All members of the board, however, shall be elected by the voters of the entire county. (b). The first members of the board shall be elected at the same time as the county officers of Baldwin County are elected, in the year 1956, and such members shall be elected for a term of four (4) years and until their

Page 2727

successors are elected and qualified. The terms of such members shall begin January 1, 1957. All future members of the board shall likewise be elected for a term of four (4) years and until their successors are elected and qualified, and all future elections shall likewise be held at the same time as elections for county officers are held in Baldwin County, in the fourth year of the term of office of the members whom they seek to succeed. The person for each district receiving the highest number of votes shall be the duly elected member from such district. Election. The member of the board who receives the highest number of votes shall be chairman of the board for the first year of the four-year term, and the member receiving the second highest number of votes shall be vice-chairman for the first year of the term. The member receiving the second highest number of votes shall be chairman of the board for the second year of the term, and the member receiving the third highest number of votes shall be vice-chairman for the second year of the term. The member receiving the third highest number of votes shall be chairman of the board for the third year of the term, and the member receiving the fourth highest number of votes shall be vice-chairman for the third year of the term. The member receiving the fourth highest number of votes shall be chairman of the board for the fourth year of the term, and the member receiving the fifth highest number of votes shall be vice-chairman for the fourth year of the term. Chairman and vice-chairman. Any political party which holds a primary to nominate candidates for county officers of Baldwin County shall also at the same time in such primary nominate candidates for members of the Board of Commissioners of Baldwin County. In the event any political party has already held a primary to nominate candidates for the county officers of Baldwin County for the general election to be held in the year 1956, before this amendment is approved in the referendum provided for hereinafter, such political party shall hold a primary to nominate

Page 2728

candidates for members of the board of county commissioners provided for herein, within thirty (30) days after this amendment is approved by the voters of Baldwin County. Primaries. (c). The Board of Commissioners of Baldwin County in effect at the time of the approval of this amendment by the voters of Baldwin County in the referendum election provided for hereinafter shall be abolished on December 31, 1956, and the terms of the members serving on such date shall expire on such date. Section 2. Not less than ten nor more than fifteen days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Baldwin County to issue the call for an election for the purpose of submitting this Act to the voters of Baldwin County for approval or rejection. The date of the election shall be set for a day not less than fifteen nor more than twenty days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County. The ballot shall have printed thereon the words: Referendum. For approval of the Act abolishing the present board of county commissioners as of December 31, 1956, and creating a new five-member board, one member from each of five commissioner districts, to be elected county-wide, who shall take office January 1, 1957. Against approval of the Act abolishing the present board of county commissioners as of December 31, 1956, and creating a new five-member board, one member from each of five commissioner districts, to be elected county-wide, who shall take office January 1, 1957. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a

Page 2729

majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Baldwin County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 28, 1956. MACONSTREET CLOSING AUTHORIZED. No. 234 (House Bill No. 151). An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of Pine Street in Square 74, located in said city, and to authorize said city to close, vacate and abandon the portion of Pine Street involved; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That title is vested in the City of Macon, its successors and assigns, to all that portion of Pine Street adjacent to Square 74 in said city, the same being a strip of land 20 feet wide adjoining the original property line of Square 74, beginning at the northeast side of what was formerly New Street and running thence in a southeasterly direction to the northwest side of First Street, provided, however, that it is not the intention of this section to vest title to any portion of Pine Street

Page 2730

lying in front of and adjacent to property not owned by the City of Macon unless and until said city shall acquire title to such property. Pine Street. Section 2. That the City of Macon, through its governing authority, is hereby authorized and empowered to close, vacate, and abandon for street purposes all that portion of Pine Street, title to which is hereby vested in it, and thereafter to hold and own the same without limitation. The powers hereby granted are not intended to supersede those set forth in the charter of the City of Macon, but are intended to be cumulative of said powers. Section 3. That all laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for 3 consecutive weeks, to wit: on the 23rd and 30th of December, 1955 and on January 6, 1956, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/Andrew W. McKenna. Sworn to and subscribed before me, this 17 day of January, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My commission expires: 1956 (Seal)

Page 2731

Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1956 session of the General Assembly which convenes on Monday, January 9, 1956 to amend the charter of the City of Macon in the following respects: (1) By repealing Section 2 of said charter as amended relating to the corporate limits of the City of Macon and re-enacting in lieu thereof a new section to be known as Section 2 defining the corporate limits of the City of Macon; (2) To amend Section 17 of the said charter as amended relating to the challenge of voters by striking therefrom the hyphenated word twenty-one where it appears in said section and inserting in lieu thereof the word eighteen; (3) To amend Section 22 of said charter as amended relating to the mayor pro tem. so as to provide that he shall serve during the absence from the city or temporary disability of the mayor; (4) To repeal Section 33 of said charter as amended relating to the filling of vacancies among members of council, and to re-enact a new section to be known as Section 33 providing for the filling of a vacancy in the office of the mayor, and for the filling of vacancies among the members of council; (5) To repeal Section 41 of said charter as amended relating to the duties of city attorney, city recorder and other officers, and to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; (6) To repeal Section 56 of said charter as amended

Page 2732

relating to the supervision and control of the police department and the fire department and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter; (7) To repeal Subsection (z) of Section 70 of said charter as amended relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund, and to re-enact in lieu thereof a new Subsection (z) of Section 70 relating to the same subject matter; (8) To repeal Section 111 of said charter as amended relating to the condemnation of land by the city and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter. The City of Macon will also apply for the passage of local legislation at said session to vest title in the City of Macon, its successors and assigns, to a certain portion of Pine Street in Square 74 located in said city and to authorize said city to close, vacate and abandon the portion of Pine Street involved. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 22nd day of December, 1955. C. Cloud Morgan, City Attorney. Approved February 28, 1956.

Page 2733

STATESBOROUTILITY SYSTEMS. No. 236 (House Bill No. 331). An Act to amend an Act creating a new charter for the City of Statesboro, Georgia, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended by an Act approved February 3, 1949 (Ga. L. 1949, p. 121), so as to prevent the governing authority of Statesboro from disposing of the municipal water system and the municipal gas system of said city without authority; 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 Statesboro, Georgia, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended by an Act approved February 3, 1949 (Ga. L. 1949, p. 121) is hereby amended by adding a new section to the end of said Act to read as follows: Section 80 (A). Be it further enacted that the mayor and city council of the City of Statesboro may not sell rent, lease or otherwise dispose of the municipal water system or said municipal gas system before the mayor boro without first obtaining permission therefor by a referendum and election in which two-thirds of the qualified voters of said city vote and of all said voters voting, at least two-thirds must vote in favor of leasing, selling, renting or otherwise disposing of said municipal water system or said municipal gas system before the mayor or council shall be authorized to perform such acts. Water and gas systems. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. Georgia, Bulloch County. Personally before the undersigned attesting officer appeared

Page 2734

F. I. Williams, who, on oath, states that he is the Ordinary of Bulloch County, Georgia, and that the notice printed at the bottom of this page was posted publicly in the Bulloch County courthouse continuously from December 14, 1955 through this date, January 14, 1956. /s/ F. I. Williams (L.S.). Sworn to and subscribed before me, this the 14th day of January, 1956. /s/ Hattie Powell, N. P. Georgia State at Large. (Seal Affixed) Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: A bill to amend the charter of the City of Statesboro to provide that no present or future council may sell, rent, lease or otherwise dispose of the municipal water system or the municipal gas system without first obtaining permission therefor by a referendum and election in which two-thirds of the qualified voters of said city vote and of said voters voting, at least two-thirds must vote in favor of leasing, selling, renting or otherwise disposing of said municipal water system or said municipal gas system. This 14th day of December, 1955. Francis W. Allen, Wiley B. Fordham, Representatives from Bulloch County in the General Assembly of Georgia. Affidavit. Georgia, Bulloch County. Personally before the undersigned attesting officer

Page 2735

appeared Leodel Coleman who, on oath, states that he is the publisher of the Bulloch Herald, the official organ of Bulloch County, and that the advertisement attached to this page was published in the issues in said Bulloch Herald on the following dates: December 20 and 27, 1955, and January 5 and 12, 1956. This the 14th day of January, 1956. /s/ Leodel Coleman (L. S.) Sworn to and subscribed before me this the 14th day of January 1956. /s/ George M. Johnston, N. P. Georgia State at Large. (Seal Affixed) Notice of Intention to Apply for the Passage of a Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: A bill to amend the charter of the City of Statesboro to provide that no present or future council may sell, rent, lease or otherwise dispose of the municipal water system or the municipal gas system without first obtaining permission therefor by a referendum and election in which two-thirds of the qualified voters of said city vote and of said voters voting, at least two-thirds must vote in favor of leasing, selling, renting or otherwise disposing of said municipal water system or said municipal gas system. This 14th day of December, 1955. Francis W. Allen, Wiley B. Fordham, Representatives from Bulloch County in the General Assembly of Georgia. 1-5-'56-4tc. Approved February 28, 1956.

Page 2736

MACONMAYOR AND COUNCIL. No. 238 (House Bill No. 330). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927 and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to amend Section 22 of said Act of 1927, as amended, relating to the mayor pro tem., so as to provide that he shall serve during the absence from the city or temporary disability of the mayor; to repeal Section 33 of said Act of 1927, as amended, relating to the filling of vacancies among members of council; to re-enact a new section to be known as Section 33, providing for the filling of a vacancy in the office of mayor and for the filling of vacancies among the members of council; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or

Page 2737

proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts, be, and the same are, hereby further amended as follows: Section 2. By inserting before the word disability as it appears in the first sentence of Section 22 of said Act, the word temporary so that said sentence as amended shall read as follows: There shall be a chairman pro tem. elected by the council at their first meeting or as soon thereafter as is practicable, who shall preside over the council in the absence of the mayor and who on taking the oath of office shall be clothed with all of the powers, rights and duties of the mayor and shall serve during the absence from the city or temporary disability of the latter officer. Chairman pro tem. of council. Section 3. By repealing Section 33 of said Act of 1927, as amended, relating to the filling of vacancies among members of council and re-enacting in lieu thereof a new section to be known as Section 33 which read as follows: Section 33. VacanciesHow filled. (a) In the event of the death, resignation, disqualification or permanent disability of the mayor, the council by majority vote shall elect one of its members, having the qualifications set forth in Section 27 of this Act, to serve as mayor for the unexpired term. Immediately upon his election by the council, the member so elected shall take and subscribe before some judge or justice of the peace the oath as set forth in Section 21 of this Act, and shall assume the title and office of mayor, and

Page 2738

he shall be clothed with all of the powers, ranks and duties of the mayor of the City of Macon, and he shall immediately enter upon the duties of said office, provided, however, that if the council shall fail to elect one of its members, who shall qualify and take the oath of office of mayor within thirty days from the date of the death, resignation, disqualification or permanent disability of the mayor, the latter to be evidenced by a certificate of three competent physicians practicing in the City of Macon, the clerk of the council shall immediately call a special election for the filling of such vacancy to be held not less than thirty days and not more than sixty days from the date of such call. The clerk shall immediately, thereupon, cause a notice of such special election to be given in a newspaper in which advertisements of the Sheriff of Bibb County are published. Said election shall be held under the same rules as are now provided for general elections in said city. Vacancies. (b) In case of any vacancy among the members of council either by death, resignation, failure to elect, removal from office, removal from the city, or election to the office of mayor as hereinabove provided, the city council shall order an election for the filling of such vacancy. In each case, the council shall cause a notice of such special election to be given in a newspaper in which advertisements of the Sheriff of Bibb County are published, not more than thirty days and not less than ten days prior to the holding of said election. Said election shall be held under the same rules as are now provided for general elections in said city. Section 4. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply

Page 2739

for passage and approval of the same as set forth below appeared in the Macon News once a week for 3 consecutive weeks, to wit: on the 23rd and 30th of December, 1955, and on January 6, 1956, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me this 26 day of January, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My Commission Expires: Notary Public, Fulton, County, Georgia, My commission expires Oct. 7, 1956. (Seal Affixed). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1956 session of the General Assembly which convenes on Monday, January 9, 1956 to amend the charter of the City of Macon in the following respects: (1) By repealing Section 2 of said charter as amended relating to the corporate limits of the City of Macon and re-enacting in lieu thereof a new section to be known as Section 2 defining the corporate limits of the City of Macon; (2) To amend Section 17 of the said charter as amended relating to the challenge of voters by striking therefrom the hyphenated word twenty-one where it appears in said section and inserting in lieu thereof the word eighteen; (3) To amend Section 22 of said charter as amended

Page 2740

relating to the mayor pro tem. so as to provide that he shall serve during the absence from the city or [Illegible Text] disability of the mayor; (4) To repeal Section 33 of said charter as amended relating to the filling of vacancies among members of council, and to re-enact a new section to be known as Section 33 providing for the filling of a vacancy in the office of the mayor, and for the filling of vacancies among the members of council; (5) To repeal Section 41 of said charter as amended relating to the duties of city attorney, city recorder and other officers, and to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, and a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; (6) To repeal Section 56 of said charter as amended relating to the supervision and control of the police department and the fire department and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter; (7) To repeal Subsection (z) of Section 70 of said charter as amended relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund, and to re-enact in lieu thereof a new Subsection (z) of Section 70 relating to the same subject matter; (8) To repeal Section III of said charter as amended relating to the condemnation of land by the city and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter. The City of Macon will also apply for the passage of local legislation at said session to vest title in the City of Macon, its successors and assigns, to a certain portion

Page 2741

of Pine Street in Square 74 located in said city and to authorize said city to close, vacate and abandon the portion of Pine Street involved. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 22nd day of December, 1955. C. Cloud Morgan, City Attorney. Approved February 28, 1956. LUMPKIN COUNTY TAX COMMISSIONER'S COMPENSATION. No. 242 (House Bill No. 411). An Act to amend an Act consolidating the office of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner of Lumpkin County, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 2790), so as to change the compensation of the tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the office of Tax Receiver and Tax Collector of Lumpkin County into the office of Tax Commissioner of Lumpkin County, approved August 24, 1931 (Ga. L. 1931, p. 523), as amended by an Act approved February 17, 1950 (Ga. L. 1950, p. 2790), is hereby amended by striking from Section 6 the words and figures beginning 1 January 1950, and by striking the words and figure two thousand-four

Page 2742

hundred ($2,400) dollars and inserting in lieu thereof the figure $2,600, so that when so amended, Section 6 shall read as follows: Section 6. Be it further enacted by the authority aforesaid that the compensation of the County Tax Commissioner of Lumpkin County, Georgia shall be $2,600 per annum to be paid in equal monthly installments by the fiscal authority of Lumpkin County. This compensation shall be in lieu of all fees, commissions or any other compensation heretofore received by said tax commissioner. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Dahlonega (Ga.) Nugget Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in January, 1956, for passage of local legislation, the title to such bill to be as follows; To regulate the pay of Tax Commissioner of Lumpkin county and for other purposes. This 4th day of January, 1956. Fred C. Jones, Jr., Representative. Arthur Housley, Senator of the 32nd District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Jones, Jr., who, on oath, deposes and says that he is Representative from Lumpkin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget, which is the official

Page 2743

organ of said county, on the following dates: 1-6-56-1-13-56-1-20-56. /s/ Fred Jones, Jr. Representative, Lumpkin County. Sworn to and subscribed before me this 31 day of January 1956. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed) Approved February 28, 1956. ATLANTASALARIES OF MAYOR AND ALDERMEN. No. 246 (Senate Bill No. 124). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the

Page 2744

General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The salary of the mayor shall be $20,000.00 per annum; the members of the board of aldermen, $3,600.00 per annum, and the president of the board of aldermen $4,200.00 per annum. These salaries shall be payable in monthly or more frequent installments as shall be fixed by the mayor and board of aldermen. Salaries. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 28, 1956. COLLEGE PARK CORPORATE LIMITS EXTENDED. No. 248 (House Bill No. 332). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, and the several Acts amendatory thereof, and for other purposes.

Page 2745

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act entitled, An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, approved December 16, 1895, (Ga. Laws 1895), and all amendments thereto, be and the same are hereby amended as follows: Section 1. Be it enacted by the authority aforesaid that the corporate limits of said City of College Park, the municipal corporation aforesaid, be and the same are hereby extended beyond its present boundaries as now defined so as to include the four following parcels of territory, to wit: Parcel One: All that tract or parcel of land lying and being in Land Lot 8 of the 13th District of Clayton County Georgia, and being more particularly described as follows: Beginning at the intersection of the north line of Washington Street with the west line of L. L. 8, which point is the present city limit line; thence southeasterly and following the north line of said Washington Street to the west line of Harrison Road, extended; thence southerly and along said west line of Harrison Road to the north line of East Bell Street; thence westerly and along the north line of East Bell Street a distance of 325 feet, more or less to a point opposite the present city limit line corner; thence south and across East Bell Street to the aforementioned city limit corner; thence westerly and northerly along the present city limit line to the point of beginning. Description. Parcel Two: All that tract or parcel of land lying and being in Land Lot 25 of the 13th District of Clayton

Page 2746

County, Georgia, and being more particularly described as follows: Beginning at the common corner of Land Lot 25, 26, 39 and 40, of the 13th District of Clayton County, Georgia, said corner being on the existing city limit line; thence east along the south line of Land Lot 25, a distance of 703.5 feet, more or less, to the west line of Harrison Road; thence northerly and along the west line of said Harrison Road, 585.40 feet, more or less to the northeast corner of Unit 2 subdivision of D. P. Dent property, said corner lying on the present city limit line; thence westerly and southerly along the present city limit line to the point of beginning. Parcel Three: All that tract or parcel of land lying and being in Land Lot 39 of the 13th District of Clayton County, Georgia, and being more particularly described as follows: Beginning at the intersection of the north line of Sullivan Road and the west line of land lot 39; thence south and along said west line of land lot 39 a distance of 958.05 feet, more or less, to the southwest corner of Crestwood Heights Subdivision to the east line of Fayetteville Road; thence southerly along the east line of Fayetteville Road a distance of 709 feet, more or less, to the south line of said Land Lot 39; thence east and along the south line of said Land Lot 39 a distance of 897 feet, more or less; thence north 805 feet to the present city limit line; thence continuing north along the said city limit line to the north line of Sullivan Road; thence westerly along the north line of Sullivan Road and the present city limit line to the point of beginning. Parcel Four: All that tract or parcel of land lying and being in Land Lot 38 of the 13th District of Clayton County, Georgia, and being more particularly described as follows: Beginning on the east line of Tanner Road 886.0 feet,

Page 2747

more or less, south of the north line of Land Lot 38, said point being on the present city limit line; thence south along the east line of said Tanner Road, 316.20 feet, more or less; thence east 658.25 feet, more or less; thence north, 104.05 feet, more or less; thence east 630.0 feet, more or less to a point 190.0 feet, more or less, west of the west line of Boswick Drive, said point lying on the present city limit line; thence northerly and westerly along the present city limit line to the point of beginning. Section 2. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor and council of the City of College Park to issue the call for an election for the purpose of submitting this Act to the property owners and/or voters of the within proposed territory to be annexed to City of College Park for approval or rejection. The date of the election shall be set for a day nor less than thirty nor more than sixty days after the date of the issuance of the call. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official Gazette of the City of College Park. The ballot shall have printed thereon the words: For approval of the 1956 Act annexing certain Clayton County territory to City of College Park. Against approval of the 1956 Act annexing certain Clayton County territory to City of College Park. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by City of College Park. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify

Page 2748

the results of the election, and certify the results to the Secretary of State. Section 3. In the event the territory described in Section 1 of this Act shall be and become a part of the territorial area of the City of College Park pursuant to and as the result of the election hereinabove provided for in Section 2 of this Act, then and in that event and thereupon the jurisdiction of the Mayor and Council of the City of College Park (City of College Park) the municipal corporation aforesaid, shall be extended over all the territory included within the boundaries above described in Section 1 of this Act, and the power and authority of said municipality under its present charter and ordinances and all laws appertaining to said municipality are hereby extended over and made effective in every part of the territory covered and included within the limits of said municipality as extended by Section 1 of this Act. The power and authority of the officers of said municipality and all other rights and powers necessary to carry out and enforce the laws and ordinances governing said municipality are made coextensive with the limits as extended by Section 1 of this Act. The power of taxing property and of fixing and regulating licenses for businesses; to assess, issue executions for and in case of default, to sell the property upon which said assessments, taxes and licenses are due, as now prescribed by the charter and ordinances of said municipality, are extended to all the limits included under the terms of Section 1 of this Act; Provided, however, that in respect of both ad valorem taxes and sanitary taxes for the year 1956, said taxes shall be prorated as to amount as of the effecting operation date of this Act, with the taxable property in and in relation to said annexed territory to be returned, assessed and collected pro-rata for the year 1956 as provided by the existing ordinances of the City of College Park or such ordinance or ordinances of said city as may be enacted in relation thereto. Said new territory is likewise made subject to all the bonds heretofore issued by Mayor and Council of the City of College Park, and is bound for the payment

Page 2749

of bonds generally with the former territory of said municipality. Section 4. The Mayor and Council of said City of College Park are hereby authorized and empowered to include all or any part of said annexed territory in one or more of the wards of said city as at present constituted or as they may be hereafter constituted. Wards. Section 5. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, and that there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to laws, says that he is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 15th day of December, 1955, and once each week for 5 consecutive weeks as provided by law. /s/ A. M. Kempton.

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Subscribed and sworn to before me, this 20th day of January, 1956. /s/ Maiodis Fowler Notary Public, Fulton County, Georgia Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1955 adjourned session of the General Assembly of Georgia convening in January, 1956, to annex additional territory to said city and to amend the charter of said city in other respects, the title to such bill or bills embracing said local legislation to read as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled `An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties and for other purposes', and the several Acts amendatory thereof, and for other purposes. This December 12, 1955. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Ga. Dec. 15 22 29 Jan 5 ufn State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day personally came Jack Troy, who being first duly sworn,

Page 2751

according to law, says that he is the editor of the Forest Park Free Press and Clayton County News and Farmer, the official newspaper and organ of Clayton County, Georgia, and that the publication of which the annexed is a true copy, was published in said paper on the 22nd day of December, 1955, and once each week thereafter for 4 consecutive weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me this 20 day of January, 1956. /s/ Douglas L. Harper Notary Public, Clayton County, Georgia. Notary Public, Georgia, State at Large. My commission expires Aug. 16, 1959. (Seal Affixed) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for passage of local legislation at the 1955 adjourned session of the General Assembly of Georgia convening in January, 1956, to annex additional territory to said city and to amend the charter of said city in other respects, the title to such bill or bills embracing said local legislation to read as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled `An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilman, prescribe their powers and duties, and for other purposes, and the several acts amendatory thereof, and for other purposes.

Page 2752

This December 22, 1955. City of College Park, By: Henry G. Crawford City Attorney, 912 N. W. Main Street, College Park, Ga. Approved February 28, 1956. CONYERS CHARTER AMENDED. No. 249 (House Bill No. 374). An Act to amend an Act incorporating the City of Conyers, approved February 16, 1854, (Ga. L. 1853-54, p. 259); and the Acts amendatory thereto, including an Act approved December 22, 1857, (Ga. L. 1857, p. 171); an Act approved October 26, 1870, (Ga. L. 1870, p. 184); an Act approved August 24, 1881, (Ga. L. 1880-81, p. 373); an Act approved August 21, 1891, (Ga. L. 1890-91, p. 693); an Act approved August 11, 1911, (Ga. L. 1911, p. 977); an Act approved August 5, 1921, (Ga. L. 1921, p. 851), and an Act approved March 3, 1955, (Ga. L. 1955, p. 2531), so as to provide that the mayor and aldermen may enforce ordinances and by laws by a fine not to exceed $200.00 or confinement for not more than 90 days, or both; to lower the age qualification of voters from 21 to 18 years of age; 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 Conyers, approved February 16, 1854, (Ga. L. 1853-54, p. 259); and the Acts amendatory thereto, including an Act approved December 22, 1857, (Ga. L. 1857, p. 171); an Act approved October 26, 1870, (Ga. L. 1870, p. 184); an Act approved August 24, 1881, (Ga. L. 1880-81, p. 373); an Act approved August 21, 1891, (Ga. L. 1890-91,

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p. 693); an Act approved August 11, 1911 (Ga. L. 1911, p. 977); an Act approved August 5, 1921, (Ga. L. 1921, p. 851), and an Act approved March 3, 1955, (Ga. L. 1955, p. 2531), is hereby amended so as to provide that the mayor and aldermen may enforce ordinances and bylaws by a fine of not to exceed $200.00, or confinement for not more than 90 days, or both. Fines. Section 2. Said Act and the Acts amendatory thereto is further amended so as to lower the age qualification of voters from 21 to 18 years of age. Voting age. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Thursday, December 29, 1955, The Rockdale Citizen, Conyers, Georgia. Legal Notices. Notice of Intention to Introduce Local Legislation. To whom it may concern: Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia, a bill to amend the charter of the City of Conyers so as to provide that the mayor and aldermen may enforce ordinances and bylaws by a fine of not to exceed $200.00 or confinement for no more than 90 days or both, and to lower the age qualification of voters from 21 to 18 years of age, and for other purposes. This 22nd day of December, 1955. W. T. Dean, Representative-Elect, Rockdale County. Georgia, Rockdale County. I, W. Thomas Hay, do hereby certify that I am the editor of the Rockdale Citizen, and that the above notice was published in said paper, the same being the public

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gazette of said county, in three separate editions of said newspaper, to wit: December 29, 1955, January 5, 1956, and January 12, 1956. /s/ W. Thomas Hay, Editor. Sworn to and subscribed before me this 28th day of January, 1956. /s/ Anne Cowan, Notary Public. (Seal). Approved February 28, 1956. FLOYD COUNTYFEE SYSTEM ABOLISHED. No. 250 (House Bill No. 390). An Act to abolish the present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court, and Sheriff, of Floyd County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and

Page 2755

their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that from and after the effective date of this Act: Section 1. The present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, and Sheriff of Floyd County, Georgia, known as the fee system, is hereby abolished, and in lieu thereof salaries for such offices are prescribed as hereinafter provided. Fee system abolished. Section 2. (a) The clerk of the superior court of said county shall be paid a salary of eight thousand four hundred dollars ($8400.00) per annum. Salaries. (b) The ordinary of said county shall be paid a salary of eight thousand four hundred dollars ($8400.00) per annum. (c) The sheriff of said county shall be paid a salary of nine thousand dollars ($9,000.00) per annum. Section 3. Said salaries shall be paid in twelve (12) equal monthly installments and shall be in full payment of all services rendered by said officers, including, in the case of said clerk and sheriff, services performed as exofficio officers of the city court of said county. Said salaries shall be expenses of the courts of said county,

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and payable from any funds of said county available for such purpose. Said salaries shall be paid on the last day of each month. Section 4. All fees, commissions, costs, allowances, funds, moneys and other emoluments, except said salaries accruing to each of said offices shall be and become the property of Floyd County, Georgia, and said county is hereby subrogated to all rights, claims and liens of said officers, respectively, therefor. Fees, commissions, etc. Section 5. Said officers shall diligently and faithfully undertake to collect all fees, commissions, costs, allowances, funds, moneys, and other emoluments accruing to their respective offices and belonging to said county, and shall receive and hold the same in trust for said county as county funds, and shall pay the same into the treasury of said county on or before the tenth day of each month. At the time of each such monthly payment, each of said officers shall furnish the treasurer of said county a detailed statement of all such funds received during the preceding month by such officer and paid into the treasury at such time. Section 6. The necessary operating expenses of said offices shall be expenses of the courts of said county, and shall be payable from any funds of the county available for such purpose. Each of said officers shall furnish the board of commissioner of roads and revenue on or before the 10th day of each month an itemized statement of expenses incurred in his office during the preceding month. Statement of expenses. Section 7. The official bonds of each of said officers, and the respective deputies, clerks and assistants, required by law, shall be procured by said officer, and the premiums on these official bonds shall be paid out of county funds. Bonds. Section 8. Said clerk of the superior court shall be authorized to employ to serve at the pleasure of said

Page 2757

clerk and to perform such duties as may be assigned by him, the following: (a) One chief deputy at a monthly salary not exceeding four hundred seventy-five dollars ($475.00) per month. Deputies, clerk of superior court. (b) Two (2) senior deputies, each at a monthly salary not exceeding three hundred dollars ($300.00); and (c) Three (3) junior deputies, one at a monthly salary not exceeding two hundred fifty dollars ($250.00) per month, and two each at a salary not exceeding two hundred twenty-five dollars ($225.00) per month. Section 9. Said ordinary shall be authorized to employ to serve at the pleasure of said ordinary and to perform such duties as may be assigned by him the following: Ordinary's assistants. (a) One clerk at a monthly salary not exceeding three hundred fifty dollars ($350.00) per month; and (b) One typist at a monthly salary not exceeding two hundred dollars ($200.00) per month. Section 10. Said sheriff shall be authorized to employ to serve at the pleasure of said sheriff and to perform such duties as may be assigned by him, the following: Sheriff's. (a) One (1) chief deputy at a monthly salary not exceeding four hundred seventy-five dollars ($475.00) per month; (b) Three (3) deputies, each at a monthly salary not exceeding three hundred thirty dollars ($330.00) per month; (c) One (1) clerk at a monthly salary not exceeding three hundred dollars ($300.00) per month; (d) One (1) typist at a monthly salary not exceeding two hundred dollars ($200.00) per month; and

Page 2758

(e) Two (2) jailers, each at a monthly salary not exceeding one hundred ninety-five dollars ($195.00) per month. Section 11. In order to assist in the accurate, orderly, co-ordinated and prompt accounting for and collection of the fees, commissions, costs, allowances, funds, moneys, and other emoluments accruing to said offices and belonging to said county, and payment of the operating expenses of offices, said county, by and through said board of commissioners of roads and revenue, is authorized to employ a comptroller at a salary of five thousand five hundred dollars ($5500.00) per annum, payable in twelve (12) equal monthly installments from county funds. Said comptroller shall have the duty and authority to inspect and audit the books, papers and records of each of said officers, and to require each such officer to account for all fees, commissions, costs, allowances, funds, moneys and other emoluments accruing to his office due to said county, and for the operating expenses incurred for his office. Comptroller. Section 12. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby and shall remain in full force and effect. All laws and parts of laws in conflict herewith are hereby repealed. Section 13. The foregoing provisions of this Act shall become effective on April 1, 1956. Section 14. There is attached hereto and hereby made a part of this bill a copy of the notice of the intention to apply therefor, accompanied by an affidavit of the author of this bill to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia, at its session

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in January, 1956, for the enactment of a local bill to abolish the present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court, and Sheriff, of Floyd County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants by said officers, and to fix their salaries and provide for the payment thereof; to authorize the employment of a comptroller, fix his salary and provide for the payment thereof, and prescribe his duties and authority; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes. Board of Commissioners of Roads and Revenue. By C. G. Kirkland, Chairman. Dec. 23, 30; Jan. 6, 13. Georgia, Floyd County. Personally appeared before the undersigned authority, J. Battle Hall, who, being duly sworn, says on oath that

Page 2760

he is the author of the above and foregoing bill, and that the notice, copy of which is attached to and made a part of said bill, has been published in the newspaper in which sheriff's advertisements for Floyd County, Georgia, are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of such bill into the General Assembly, as provided by law. /s/ J. Battle Hall. Sworn to and subscribed before me, this 30 day of January, 1956. /s/ Barry Wright, Jr. Notary Public, State of Georgia. (Seal) Approved February 28, 1956. MUSCOGEE COUNTYFIRE PROTECTION DISTRICTS. No. 251 (House Bill No. 339). An Act to amend the law authorizing a fire protection system in Muscogee County, Georgia (Ga. L. 1949, p. 2013), said amendment to provide for the establishment of different fire protection districts than those now existing, and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. That an Act approved February 25, 1949, (Ga. L. 1949, p. 2013) authorizing the establishment of a fire protection system in Muscogee County, Georgia, be, and the same is hereby amended by striking from said Act in its entirety the paragraph identified as Section IV and substituting in lieu thereof a new section, also to be known as Section IV, to wit: Districts.

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Section IV. That for the purpose of providing a system of fire protection in Muscogee County, there are hereby created two fire protection districts in said county. The first fire protection district shall consist of all that area of the county lying within six miles of the territorial limits of the City of Columbus as now or hereafter established, but which is not included within the corporate limits of said city or any other municipality. The second fire protection district shall consist of all that area of the county lying outside the corporate limits of any municipality and not included in the first fire protection district. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the next session of the General Assembly of Georgia convening January 9, 1956, the title of such bill to be as follows: An Act to amend the law authorizing a fire protection system in Muscogee County, Georgia (Ga. L. 1949, p. 2013), said amendment to provide for the establishment of different fire protection districts than those now existing, and for other purposes. This January 2, 1956. Theo J. McGee, County Attorney of Muscogee County, Georgia. Dates of Publication: January 6th, 13th and 20th. Georgia, Muscogee County. Personally appeared before me, a notary public in and for the State of Georgia, County of Muscogee, M. R. Ashworth, who on oath certifies and says that he is the publisher

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of the Columbus Ledger, a newspaper published in said county in which sheriff's advertisements for said County of Muscogee are published; and that the foregoing and attached notice was duly published in said paper once a week for three weeks, to wit: January 6, 13 and 20, 1956. /s/ M. R. Ashworth. Sworn to and subscribed before me this 25th day of January, 1956. /s/ Doris E. Chalkley, Notary Public, Muscogee County, Georgia. (Seal). Approved February 28, 1956. ALBANY RETIREMENT SYSTEM AMENDED. No. 252 (House Bill No. 380). An Act to amend an Act creating and establishing a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, so as to provide for retirement of municipal employees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended, is hereby amended by adding a new section thereto to be numbered Section 39 A, and to read as follows: Section 39 A. Every employed municipal officer or employee of the City of Albany shall be retired upon reaching sixty-five (65) years of age; provided, that in the event municipal employees are included under the provisions of the United States Social Security Act, no

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municipal officer or employee who is employed at the time of such inclusion shall be retired at the age of sixty-five (65) if such retirement would disqualify such person from obtaining the benefits of social security. Instead, such employee shall be allowed to continue his employment until he qualifies for social security at which time he shall be retired. Social Security. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Let the public take notice that there will be introduced in the General Assembly of Georgia during the present session, a local bill to define and prescribe retirement age for all city employees, and for other purposes. This the 9th day of January, 1956. G. Stuart Watson, Jim Denson, Representatives. Jan. 10, 17, 24. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. Stuart Watson and Jim Denson, who, on oath, deposes and says that they are Representatives from Dougherty County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald, which is the official organ of said county, on the following dates: Jan. 10, 17 24, 1956. /s/ G. Stuart Watson, Representative, Dougherty County. Sworn to and subscribed before me, this 25 day of Jan. 1956. /s/ Paul McKelvey, Notary Public, Polk. Approved February 28, 1956.

Page 2764

BOARD OF EDUCATION REVENUE IN CERTAIN COUNTIES. No. 253 (Senate Bill No. 127). An Act to apply only to counties having a population of not less than 300,000 by the last or any future decennial census of the United States; to direct the commissioners of roads and revenues thereof to pay to the board of education thereof, in addition to all other payments directed to be made by the Constitution and laws of this State, from any funds held by or available to the commissioners of roads and revenues thereof and derived from sources other than taxation, the sum of $25,000 per month for the first 6 months of 1956, the sum of $20,000 per month for the next 2 years, the sum of $25,000 per month for the next 2 years, and the sum of $30,000 per month thereafter, upon demand if demanded no sooner than 30 days before the beginning and no later than 180 days after the end of the month to which the demand relates; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that in any county having a population of not less than three hundred thousand (300,000) by the last or any future decennial census of the United States: Counties in which applicable. Section 1. The commissioners of roads and revenues thereof are hereby directed to pay to the board of education thereof, in addition to all other payments directed to be made by the Constitution and laws of this State, from any funds held by or available to the commissioners of roads and revenues thereof and derived from sources other than taxation, the following sums upon demand by the board of education thereof, provided such demand is made no sooner than thirty (30) days before the beginning and no later than one hundred eighty (180) days after the end of the month to which the demand relates: Payments by county commissioners. (a) The sum of twenty five thousand ($25,000.00)

Page 2765

dollars per month with respect to each of the first six (6) months of the calendar year 1956; and (b) The sum of twenty thousand ($20,000.00) dollars per month with respect to each of the twenty-four (24) months from July 1956 through June 1958, inclusive; and (c) The sum of twenty-five thousand ($25,000.00) dollars per month with respect to each of the twenty-four months from July 1958 through June 1960, inclusive; and (d) The sum of thirty thousand ($30,000.00) dollars per month with respect to each month beginning with July 1960 and continuing until this provision of this Act is repealed. Section 2. The commissioners of roads and revenues thereof shall have the duty to make the payments required by this Act as soon as demanded if demanded within the time limits prescribed by this Act, despite the existence or duration or termination of any fiscal year or any calendar year with may otherwise be used as a basis for budgeting or accounting. Section 3. All laws or parts of laws in conflict herewith are hereby repealed. Approved February 28, 1956. LAURENS COUNTY ORDINARY'S COMPENSATION. No. 257 (Senate Bill No. 138). An Act to be entitled an Act to provide that the Ordinary of Laurens County, Georgia, shall have a supplemental salary in addition to the fees and other compensation

Page 2766

to which he is now entitled; to set the amount of such supplemental salary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia as follows: Section 1. The Ordinary of Laurens County shall receive a supplemental salary of one hundred and fifty and no/100 dollars per month in addition to the fees and other compensation to which he is now entitled. Said sums to be paid out of general county funds by the fiscal authorities of said county. Compensation. Section 2. This Act shall become effective on the first day of April 1956. Section 3. All laws and parts of laws in conflict with this act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 28, 1956. CIVIL COURT OF DEKALB COUNTYAMENDMENTS. No. 258 (House Bill No. 617). An Act to amend an Act approved February 14, 1951 (Ga. L. 1951, p. 2401) creating the Civil Court of DeKalb County, by increasing the jurisdiction of such court in civil cases; by fixing the amount of advance cost deposits; by fixing the salary of the judge, and for other purposes. Be it enacted by the General Assembly of the State of Georgia:

Page 2767

Section 1. It is hereby enacted by authority of same, that an Act approved February 14, 1951 (Ga. L. 1951, p. 2401) creating the Civil Court of DeKalb County be and the same is hereby amended as follows: By striking from Section 5 of said Act the figures $1,000.00 and inserting in lieu thereof the figures $5,000.00, and by inserting the words and real in line 23 of said section so that said section as amended, shall read as follows: Be it further enacted by the authority aforesaid, that the Civil Court of DeKalb County shall have all the jurisdiction as to subject matter now exercised by justices of the peace and justice courts in Georgia throughout DeKalb County and such jurisdiction shall be exercised in that portion of DeKalb County which lies outside the corporate limits of the City of Atlanta, concurrent with the justices of the peace of said county. In addition thereto, said court shall have jurisdiction to try and dispose of all civil cases regardless of their nature, except cases of injury to the person or to the reputation concurrent with the superior courts, including not only such suits as are commenced by petition and process or summons, but also all other kinds of suits or proceedings which are now or may hereafter be in use in the superior court of this county or justice courts, either under the common law or by statute, including, among others, attachments and garnishment proceedings, illegalities, counter-affidavits to any proceeding from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens and mortgages on personal and real property, possessory warrants, and other like proceedings and processes wherein the principal sum sued for exclusive of interest, costs and attorney's fees does not exceed $5,000.00 and of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia, and except extraordinary remedies as are defined in Chapters 64-101, 64-102, and 64-103 of the Code of Georgia of 1933, and habeas corpus proceedings, and the practice and procedure shall be and remain the same as that now in vogue in the justice courts of Georgia, except as otherwise herein provided. Jurisdiction.

Page 2768

Section 2. Said Act is further amended by striking from line 5 of Section 25 of said Act the figures $2.00, and inserting in lieu thereof the figures $3.00, so that said section as amended, shall read as follows: Be it further enacted by the authority aforesaid, that from and after the passage of this Act, the party plaintiff when filing such suit or other proceedings in the Civil Court of DeKalb County shall be required to make a deposit of three dollars to said court on the costs of the suit, except dispossessory warrants, distress warrants and attachment proceedings upon the filing of which in said court, a deposit of five dollars for each such proceeding shall be made; provided however, that such deposit shall not be required of any person who shall subscribe to an affidavit to the effect that from his poverty he is unable to pay the same; and provided further that if the party making such deposit finally prevails in such proceedings the amount of said deposit shall be taxed as part of the costs against the losing party, and if, recovered, shall be refunded to the party depositing the same after all costs have been paid. Advance cost deposits. Section 3. Said Act is further amended by striking Section 27 in its entirety, and inserting in lieu thereof a new Section 27, reading as follows: Be it further enacted by the authority aforesaid, that from and after the effective date of this Act, judge of said court shall be paid a salary in the sum of $10,000.00 per annum, to be paid monthly out of the county treasury. Judge's salary. Section 4. Said Act is further amended by striking Section 32 in its entirety, and inserting in lieu thereof a new Section 32, reading as follows: Be it further enacted by the authority aforesaid, that upon the rendition of a verdict by a jury in said court, or on the rendition of a judgment by the judge in said court, sitting without a jury, where the amount involved is three hundred ($300.00) dollars, or more, exclusive

Page 2769

of interest, attorney's fees and costs, either party to said cause or his counsel, shall make and file a written motion in said court, within fifteen days from the date of the ruling complained of, which written motion shall follow the same practice and procedure as that now used in the superior courts of this State, except this section shall not be interpreted or construed so as to deny any complaining party the right of certiorari to the Superior Court of DeKalb County, the provision in this section being cumulative and in addition to the writ of certiorari to the Superior Court of DeKalb County. Motion after verdict and judgment. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that should any court of this State declare any section or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this Act. Section 6. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely The DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published, as provided by law. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he

Page 2770

is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 15, 22, 29-1955. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 13 day of February, 1956. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal) Copy of Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia, of 1956, such legislation being an Act to amend an Act approved February 14, 1951 (Ga. L. 1951, p. 2401) providing for a Civil Court of DeKalb County, by adding an additional judge to said court; by increasing the civil and criminal jurisdiction of said court; by creating the office of solicitor and assistant solicitor of said court; to repeal conflicting laws; and for other purposes. This 15th day of December, 1955. James A. Mackay. W. Hugh McWhorter. Guy W. Rutland. 12-15-3t Approved February 28, 1956.

Page 2771

DUBLINSCHOOL TAX. No. 259 (Senate Bill No. 137). An Act to amend an Act creating a new city charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, so as to provide that the ad valorem tax levy for the support and maintenance of the city schools shall be seven and one-half (7) mills, and said tax levy shall be seven and one-half (7) mills for the support and maintenance of the general government; to remove the power of the mayor and aldermen to change said levy; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new city charter for the City of Dublin, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, is hereby amended by striking Section 16 in its entirety. Section 2. Said Act is further amended by striking Section 17 in its entirety and inserting in lieu thereof a new section which shall read as follows: Section 17. The ad valorem tax of fifteen mills authorized by this Act shall be appropriated as follows: to wit, seven and one-half (7) mills for the support of the City of Dublin; seven and one-half (7) mills to be used for the support and maintenance of the public schools of the City of Dublin. The entire amount of the annual ad valorem tax levy for the City of Dublin shall at no time exceed fifteen (15) mills for the aforesaid purpose. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved February 28, 1956.

Page 2772

MACON CHARTER AMENDED. No. 260 (House Bill No. 150). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914 together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act, with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927 and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to repeal Section 41 of said Act of 1927 as amended relating to the manner of prescribing the duties of the city attorney, city recorder and other officers; to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or

Page 2773

proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts, be, and the same are hereby further amended by repealing Section 41 of said Act of 1927, as amended, relating to the manner of prescribing the duties of the city attorney, city recorder and other officers, and to re-enact in lieu thereof a new Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers, and which shall read as follows: Section 41. Other officers, qualifications and duties, et cetera. (1) There shall be a city personnel and public relations director elected by the mayor and council. The director shall administer the personnel and public relations programs of the City of Macon as directed by the mayor and council and shall carry out the policies of said mayor and council as related thereto. He shall conduct studies of personnel problems, develop pertinent data and information on, and recommend to the mayor and council the adoption and installation of, improved personnel procedures and policies. It shall also be his duty to receive complaints of whatsoever nature from citizens relating to the functions of the city government, to refer such complaints to the appropriate city department or departments for investigation, report and disposition, and to advise the complainant of the result thereof. He shall work up and supervise programs to keep the citizens informed of all actions taken by the mayor and council. He shall assist the mayor and members of the council and all officers and employees of the city in public relations

Page 2774

activity, and he shall do and perform such other related functions as the mayor and council may require. City personnel and public relations director. (2) There shall be a city radio engineer elected by the mayor and council, who shall head the electronics and communications department of the city. He shall hold a valid first class radiotelephone license, and he shall: (a) Have a degree in electrical engineering from a reputable college or university and two years experience as a communications system engineer, or (b) Be a graduate of a standard high school and have eight years experience of a progressively responsible nature in radio operation, installation, maintenance, and repair work, supplemented by college level courses in radio or electrical engineering. City radio engineer. He shall be able to send and receive twenty words per minute of international Morse Code. It shall be the duty of the city radio engineer to design, engineer and supervise the equipment installation of all electronics and communications equipment purchased by or used by the City of Macon; to assist and make recommendations to other departments concerning their electronic and communication requirements; to design and supervise the building and operation of all communication centers for the City of Macon, including fire, police and others; to supervise personnel assigned to maintain or install any electronics or communications equipment or system for the City of Macon; to keep the mayor and council advised at all times of the requirements for replacement parts and supplies necessary to adequately maintain the communication system in the event of emergencies; to advise and assist the mayor and council on any technical question or problem pertaining to electronics and communications equipment required for civil defense; and to do and perform other related functions as the mayor and council may require. (3) The mayor and council shall have authority by ordinance to prescribe the duties of the city attorney and city recorder, and any office, officers, employees, and agents which may be created by the said mayor and council. In addition, the mayor and council, by ordinance or by delegation of power to the mayor, may require of all officers, including charter officers, and of all employees and agents, the performance of duties additional to those prescribed by ordinance or by the charter. Attorney and recorder.

Page 2775

Section 2. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for 3 consecutive weeks, to wit: on the 23rd and 30th of December, 1955 and on January 6, 1956, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Andrew W. McKenna. Sworn to and subscribed before me, this 17 day of January, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My commission expires Oct. 7, 1956. (Seal Affixed) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends

Page 2776

to apply for the passage of local legislation at the 1956 session of the General Assembly which convenes on Monday, January 9, 1956 to amend the charter of the City of Macon in the following respects: (1) By repealing Section 2 of said charter as amended relating to the corporate limits of the City of Macon and re-enacting in lieu thereof a new section to be known as Section 2 defining the corporate limits of the City of Macon; (2) To amend Section 17 of the said charter as amended relating to the challenge of voters by striking therefrom the hyphenate word twenty-one where it appears in said section and inserting in lieu thereof the word eighteen; (3) To amend Section 22 of said charter as amended relating to the Mayor pro tem. so as to provide that he shall serve during the absence from the city or temporary disability of the mayor; (4) To repeal Section 33 of said charter as amended relating to the filling of vacancies among members of council, and to re-enact a new section to be known as Section 33 providing for the filling of a vacancy in the office of the mayor, and for the filling of vacancies among the members of council; (5) To repeal Section 41 of said charter as amended relating to the duties of city attorney, city recorder and other officers, and to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; (6) To repeal Section 56 of said charter as amended relating to the supervision and control of the police department and the fire department and to re-enact in lieu

Page 2777

thereof a new section bearing the same number and relating to the same subject matter; (7) To repeal Subsection (z) of Section 70 of said charter as amended relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund, and to re-enact in lieu thereof a new Subsection (z) of Section 70 relating to the same subject matter; (8) To repeal Section 111 of said charter as amended relating to the condemnation of land by the city and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter. The City of Macon will also apply for the passage of local legislation at said session to vest title in the City of Macon, its successors and assigns, to a certain portion of Pine Street in Square 74 located in said city and to authorize said city to close, vacate and abandon the portion of Pine Street involved. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 22nd day of December, 1955. C. Cloud Morgan, City Attorney. Approved February 28, 1956.

Page 2778

LAW BOOKS TO CALHOUN COUNTY. No. 64 (House Resolution No. 67-200b). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Calhoun County; and for other purposes. Whereas, most of the volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports are missing from the office of the Clerk of the Superior Court of Calhoun County; and Whereas, such books are necessary for the clerk and the judge to transact the business of such court, and that of the county and of the State, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Calhoun County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Court of Appeals Reports, without cost to the clerk or to the county, except for the payment of packing and transportation charges, if any, which shall be paid by Calhoun County. Be it further resolved, that if for any reason the State Librarian can not furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided such funds are available from any unappropriated funds. Approved February 28, 1956.

Page 2779

LAW BOOKS TO ORDINARY OF CLARKE COUNTY. No. 66 (House Resolution No. 52-163a). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Clarke County; and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports are missing from the office of the Ordinary of Clarke County, and Whereas, the ordinary's office does not have the Annotated Code of Georgia, and Whereas, such books are necessary for the ordinary to transact the business of the court and that of the county and the State, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Ordinary of Clarke County the following volumes of the Georgia Supreme Court Reports: 33, 55, 57, 63, 65, 102, 127, 131, 153, 163 and 167; and a complete set of the Annotated Code of Georgia. Be it further resolved that if, for any reason, the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount necessary to purchase said books, provided funds are available for such purpose from any unappropriated funds. Approved February 28, 1956.

Page 2780

LAW BOOKS TO CLAYTON COUNTY. No. 69 (House Resolution No. 142-399f). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Clayton County, without cost to said county, certain law books; and for other purposes. Whereas, the volumes of the Georgia Supreme Court Reports, and the Georgia Court of Appeals Reports belonging to the Clerk of the Superior Court of Clayton County are mostly missing and in a terrible state of disrepair, and Whereas, these remaining volumes are to be given to the Ordinary of Clayton County to be repaired and combined with his copies of the same publications, which are also mostly missing and in bad repair, so as to establish a full set of each for the ordinary; and Whereas, the Superior Court of Clayton County will be without a set of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports; and Whereas, such books are necessary for the court to transact its business and that of the State; Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court of Clayton County, without cost, a complete set of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports. Be it further resolved that if for any reason the State Librarian can not furnish the above mentioned books, the Governor is hereby authorized to draw his warrant on the State Treasurer for the amount required to purchase the same, on any unappropriated

Page 2781

fund in the State treasury, provided said funds are available for this purpose. Approved February 28, 1956. ADRIAN CORPORATE LIMITS. No. 264 (House Bill No. 565). An Act to amend an Act incorporating the City of Adrian, approved August 10, 1920 (Ga. L. 1920, p. 662), as amended particularly by an Act approved August 15, 1922 (Ga. L. 1922, p. 453), 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 incorporating the City of Adrian, approved August 10, 1920 (Ga. L. 1920, p. 662), as amended particularly by an Act approved August 15, 1922 (Ga. L. 1922, p. 453), is hereby amended by striking Section 2 and in lieu thereof inserting the following: Section 2. The corporate limits of said city shall be as follows: Five-eighths of one mile in every direction from the center of the intersection of the Wadley Southern Railroad and the Central of Georgia Railroad where the same crossed in the City of Adrian and shall also include all that area adjacent to the five-eighths mile radius on the west side of said corporate limits between north right-of-way of U. S. Highway #80 and the south right-of-way of the settlement public road south of U. S. Highway #80, within a mile radius from the above intersection. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 2782

Georgia, Johnson County. Notice is hereby given that there will be introduced at the 1956 session of the Georgia legislature a bill extending the city limits of Adrian, Georgia. This 14th day of January, 1956. Emory L. Rowland, Representative, Johnson County. Francis F. Shurling, Senator 21st District. J. 19 3tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland, who, on oath, deposes and says that he is Representative from Johnson County, and the the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight, which is the official organ of said county, on the following dates: Jan. 19 26, and Feb. 2, 1956. /s/ Emory L. Rowland, Representative, Johnson County. Sworn to and subscribed before me this 7th day of February 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal). Approved March 6, 1956.

Page 2783

MACONHOSPITAL COMMISSION. No. 265 (House Bill No. 611). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927 and any all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to amend Section 114 of said Act of 1927 as amended relating to the duties and powers of the Macon Hospital Commission by adding a subsection to be known as Subsection (j) of Section 114 of the charter of the City of Macon requiring the Macon Hospital Commission to furnish the mayor and council of said city with an annual proposed budget for the maintenance and operation of the Macon Hospital; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or

Page 2784

proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts, be, and the same are, hereby further amended by adding to Section 114 of said Act of 1927, as amended, relating to the duties and powers of the Macon Hospital Commission, a subsection to be known as Subsection (j) of Section 114, requiring the Macon Hospital Commission to furnish the Mayor and Council of the City of Macon with an annual proposed budget for the maintenance and operation of the Macon Hospital, which shall read as follows: Section 114 (j). Said Macon Hospital Commission shall, on or before the first day of September in each year, furnish to the mayor and council a proposed budget for the maintenance and operation of the Macon Hospital for the calendar year next succeeding. Said proposed budget shall show the anticipated revenues of said hospital from all sources, including any appropriations desired of the City of Macon and/or County of Bibb; and the estimated cost of the maintenance and operation of said hospital, including the cost of caring for the indigent patients from each county from which such patients are received. Proposed budget. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, J. Douglas Carlisle, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing

Page 2785

local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for three consecutive weeks, to wit: on January 14, 21 and 28, 1956, during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georgia, and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ J. Douglas Carlisle, J. Douglas Carlisle. Sworn to and subscribed before me this 9 day of February, 1956. /s/ Janette Hirsch Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1956 session of the General Assembly which convened on Monday, January 9, 1956. 1. An Act to repeal Section 3 of an Act approved August 9, 1929, entitled: An Act to amend an Act re-enacting the charter of the City of Macon, approved August 3, 1928, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatorium located in Bibb County and known as Hopewell Sanatorium and now operated by the Anti-Tuberculosis Commission in and for the City of Macon and County of Bibb, to provide for the support and maintenance of said Macon Hospital, including such anti-tubercular sanatorium by the City of Macon and County of Bibb; and for other purposes; relating to tax levy for support of the hospital and sanatorium.

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2. An Act to amend Section 114 of the charter of the City of Macon as amended by adding a subsection to be known as Subsection (j) requiring the Macon Hospital Commission to submit to the Mayor and Council of the City of Macon annually on the 1st of September a proposed budget for the next succeeding calendar year. 3. An Act or Acts to authorize the inclusion of certain of the officers and employees of the City of Macon within the coverage of the Federal Social Security System, to make contract commitments in connection therewith, and to make contributions and payments in connection therewith, including assurance fund payments and payments incident to securing past service credits. 4. An Act or Acts repealing, enacting and re-enacting laws or parts of laws, including pension laws, to accomplish the object set forth in the Act or Acts described in the preceding paragraph. 5. An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of Washington Avenue in said city and to authorize said city to close, vacate and abandon the portion of Washington Avenue involved. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. C. Cloud Morgan, City Attorney. Approved March 6, 1956. CHARLTON COUNTY COMMISSIONERSSALARY. No. 226 (House Bill No. 510). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Charlton,

Page 2787

approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 995), so as to provide higher salaries for members of the board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for the County of Charlton, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, particularly by an Act approved March 27, 1947 (Ga. L. 1947, p. 995), is hereby amended by striking from the third line of Section 8 of said Act the words and figure fifty ($50.00) dollars and inserting in lieu thereof the words and figure one hundred ($100.00) dollars so that said section, as amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that the three commissioners shall each receive a salary of one hundred ($100.00) dollars per month to be paid from county funds. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. State of Georgia, County of Charlton. Personally appeared before me an officer duly authorized to take acknowledgments and administer oaths, R. Ward Harrison owner and publisher of the Charlton County Herald, the local newspaper of Charlton County, Georgia, in which all legal advertisements and sheriff's sales are published, who after being duly sworn, on oath deposes and says that he is the owner and publisher of said Charlton County Herald and that he did publish in three different issues of said paper, the said issues being January 20th, 1956, January 27th, 1956, and February 3rd, 1956, the following notice:

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to change the salaries of the County Commissioners of Roads and Revenues of Charlton County, and a bill to change the salaries of the members of the Charlton County Board of Education; and for other purposes. This the 16th., day of January, 1956, H. Ben Rodgers, Rep. Charlton County. /s/ R. Ward Harrison, R. Ward Harrison. Sworn and subscribed to before me, this the 4th., day of February, 1956. /s/ G. R. Gowen, Jr. Notary Public, State of Georgia at Large, My commission expires 2-11-59. (Seal) Approved March 6, 1956. TROUP COUNTY COMMISSIONERSCOMPENSATION. No. 267 (House Bill No. 526). An Act to amend an Act creating a board of commissioners of roads and revenues for Troup County, approved February 28, 1876 (Ga. L. 1876, p. 294), as amended, so as to provide for compensation of the commissioners; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Said Act, creating a board of commissioners of roads and revenues for Troup County, as amended, and particularly as amended by an Act approved August

Page 2789

20, 1906 (Ga. L. 1906, p. 456), is amended by striking the first paragraph from Section 7 of said Act of 1906 and inserting in lieu thereof the following: Commencing on the first day of January, 1957, the members of said board shall be paid by Troup' County a monthly salary of one hundred twenty-five ($125.00) per month, except that the chairman shall be paid one hundred fifty ($150.00) per month, so that said section when so amended shall read as follows: Section 7. Commencing on the first day of January 1957, the members of said board shall be paid by Troup County a monthly salary of one hundred twenty-five ($125.00) per month, except that the chairman shall be paid one hundred fifty ($150.00) per month. Salaries. It shall be the duty of the chairman, in addition to the other duties now placed upon him by law to personally inspect the public roads and bridges of the county at frequent intervals, that he may know at all times the condition of the same; to see that they are properly worked and repaired, and in all other respects to diligently look after the interest of the county. It shall be the duty of the clerk of said board to be present at all meetings of said board, to keep the minutes of said meetings, and to record the same in a well-bound book, in order that they may be permanently preserved; to keep an accurate account of all funds of the county, in order that he may at all times be able to tell the condition of the county finances; to keep a record of all county warrants issued, and of all vouchers for the same; and to keep all other files and records and do such other work as may be directed by said board of commissioners. The salary of said clerk may be increased at any time by said board when, in their judgment, they shall think that the salary paid is not sufficient for the services rendered. The clerk may at any time perform the duties of the chairman when specially instructed to do so by said chairman. Said clerk is elected at the will of the board.

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Section 2. The General Assembly finds that the requirements of law pertaining to notice of intention to apply for this legislation have been fully complied with. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. In person before the undersigned come C. O. Lam and Frank G. Birdsong, who on oath say they are members of the General Assembly, representing Troup County therein; that they are authors of the attached local bill; that the subjoined and attached notice, which is a part hereof, was published once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill into the General Assembly; that said notice was published in The LaGrange Daily News, which is the newspaper in which sheriff's advertisements for Troup County are published; that the dates of publication were January 21, January 27 and February 3, 1956; and this addidavit is made in compliance with the provisions of law regarding the application for local legislation. Legal No. 6736 Jan. 21, 27, Feb. 3. Notice. Notice is hereby given that there will be introduced in the General Assembly of this State at the session thereof convening January 9, 1956, a local bill to amend an Act creating a board of commissioners of roads and revenues for Troup County approved February 28, 1876 (Ga. L. 1876, p. 294), as amended. This notice to apply for local legislation is given pursuant to requirements of law (Code Section 2-1915). This January 4, 1956. C. O. Lam. Frank G. Birdsong. /s/ Frank G. Birdsong. /s/ C. O. Lam.

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Sworn to and subscribed before me, this February 6, 1956. /s/ Frances Y. Read, Notary Public, Fulton County, Georgia. Approved March 6, 1956. HAPEVILLE CHARTER AMENDED. No. 268 (House Bill No. 616). An Act to amend an Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia and for other purposes, and the several Acts amendatory thereof, so as to provide for the expense of paving of streets, and the placing of sewerage and water within the City of Hapeville, the sharing of the expenses by the said City of Hapeville for side street assessments, issuing executions for non-payment of assessments; notice; levy; sale; affidavit of illegality; redemption; garnishment; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: And it is hereby enacted by authority of the same, that the Act approved September 16, 1891, entitled An Act to incorporate the City of Hapeville, Georgia, and for other purposes, and the several Acts amendatory thereof, be and the same are hereby amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for the localities are published, namely, in the Fulton County Daily Report, the paper in which the sheriff's advertisements for Fulton County are published, once a week for three (3) weeks during a period of sixty (60) days, immediately preceding its introduction into the General Assembly. Attached hereto and made a part of this bill

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are copies of said notices accomplished by an affidavit of the author to the effect that said notices have been published as provided by law. Sec. 100. Street to be paved lien upon property. The mayor and council may in their discretion pave or cause to be paved any street, streets or public alleys, now existing or hereafter created or accepted, within the city limits of the City of Hapeville, Georgia, with such material and in such manner as they may direct; all assessments shall be a lien upon the property from the date of assessment by mayor and council. Sec. 200. Cost by city and property owners. The abutting property owners shall pay two-thirds of the cost or expense by assessment thereon according to the frontage on each lot or tract thereof; the City of Hapeville shall bear the remaining one-third of the cost. Sec. 200.1. Corner lots or side streets. Where the propery is so situated to be a corner lot or where there is a side street abutting said property the assessments shall be as follows: Sec. 200.2. Cost of paving. The city shall bear two-thirds of the initial cost or expense of paving side streets, subject to the tolling of assessments of side streets. Sec. 200.3. Tolling part of cost of side street. Assessment for side street shall be tolled as to one-half of two-thirds of cost of paving such side streets until the conditions hereinafter set out occur. Sec. 200.4. Resubdividing. Should any lot or tract of property be divided or platted so as to front upon a side street after paving such side street and after the assessment has been made for a side street then in that event the full assessment shall be paid on the frontage so abutting and fronting or facing said side street and such assessment shall no longer be tolled as to that lot or tract. Sec. 200.5. DefinitionSide Street. A side street

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shall be any street where the abutting property fronts or faces another street abutting the same property. Sec. 300. Issuing execution. Upon the failure of any person, firm, or corporation to pay a paving, water, or sewage assessment of the City of Hapeville within ninety (90) days from the date of notice of such assessment or on such dates, not less than thirty (30) days, as the mayor and council may provide, the clerk of the City of Hapeville shall issue an execution directed to the marshal of the City of Hapeville commanding him to levy on the goods, chattels, land and tenements of the defendant or so much thereof as shall be sufficient to satisfy the demand and cost which execution shall bind all the property of the defendant. When any such execution comes into the hands of the marshal it shall be his duty promptly to have the same recorded on the proper general execution docket in the office of the clerk of the superior court. Sec. 300.1. Notice of levy on real estate five days before sale. Where real estate is levied on, it shall be the duty of the marshal, to give to the owner, or the tenant in possession if the owner is unknown, a written notice of such levy five days before the sale, and to make a return on the execution of the service, the date thereof, by whom made and upon whom perfected. In the event the property levied on is vacant and no one is in possession of it and the owner cannot be located, it shall be sufficient to serve said notice by posting same on the property. Sec. 300.2. Time, place and manner of sale. The time, place and manner of the sale of property, both real and personal, for a paving, sewage or water assessment due to the City of Hapeville, shall be the same as that provided by law for sheriff's sales for State and county taxes: Provided, that such sale may be conducted by the marshal or duly authorized officer of the municipality and had before the door of the council chamber of the usual place of meeting of the authorities having control of said municipality.

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Sec. 300.3. Enforcement of assessments by execution, levy and sale; affidavit of illegality. The defendant shall have the right to file an affidavit denying that the whole or any part of the amount for which the execution issued is due, and specifying fully the grounds of such denial of liability, and stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit received for the balance. All such affidavits so received shall be returned to the Superior Court of Fulton County, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality, for delay: Provided, however, that the judge of said superior court shall have authority to dismiss any such affidavit of illegality for insufficiency before the time when the same should regularly come up for trial. Sec. 400. Redemption of property sold under assessment executions. After all sales of property under execution made in behalf of the city for the collection of street, sewer and other assessments, the owner or owners, as the case may be, shall be authorized to redeem the same within the same time, on compliance with the same terms and payment of the same premiums, interest and costs as in cases of redemption of property sold under tax fi. fas., for State and county taxes as provided by law. Sec. 500. Grounds and service of summons of garnishment. When any person authorized to collect the assessments due the City of Hapeville can find no property of the defendant on which to levy such execution, he shall make an entry to that effect on said execution, and may then issue summons of garnishment against any person who he may believe is indebted to the defendant, or who may have property, money, or effects of the defendant in his hands, without making affidavit or giving bond. Said summons of garnishment shall be served by the treasurer or clerk of the City of Hapeville, or by the sheriff or any constable of the county in which the garnishee may reside, at least 15 days before the sitting of

Page 2795

the court, and returned to the superior or city court of the county in which such municipal corporation is situated. Sec. 500.1. Entry of name of person garnished on execution and return. The clerk of the City of Hapeville shall enter on the execution the name of the person garnished, and return the execution to said court, and the subsequent proceedings shall be the same as on garnishments in cases when judgment has been obtained. Sec. 600. That if any clause, sentence, paragraph or any part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this Act. Sec. 700. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned notary public, John L. Watson, Jr., author of the attached bill, who after being duly sworn, says that the notices set forth herein have been published in the newspapers in which the sheriff's advertisements for the localities affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following are copies of the published notices: Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of Hapeville, Georgia, will apply to the session of the General Assembly of Georgia convening in January, 1956, for passage of legislation extending the city limits of the City of Hapeville

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and amending the charter of the City of Hapeville so as to provide governmental functions in said added areas and for other purposes. This 23rd day of November, 1955. /s/ John L. Watson, Jr. John L. Watson, Jr. City Attorney of the City of Hapeville. Sworn to and subscribed before me this 9 day of February, 1956. /s/ Joseph L. Llop, Notary Public State at Large. My commission expires 10-9-57. (Seal). Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 23rd day of November, 1955, and once each week thereafter for 6 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 9th day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958.

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Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of Hapeville, Georgia, will apply to the sesson of the General Assembly of Georgia convening in January, 1956, for passage of local legislation to amend an Act entitled, an Act to incorporate the City of Hapeville, Georgia, and the several Acts amendatory thereof; and for other purposes. This 23 day of November, 1955. John L. Watson, Jr., City Attorney of the City of Hapeville. Nov. 23, 30, Dec. 7, 14, 21, 28 tfn. Approved March 6, 1956. CITY COURT OF CARROLLTONJUDGE'S SALARY. No. 269 (House Bill No. 520). An Act to amend an Act establishing the City Court of Carrollton, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2937), so as to change the salary of the Judge of the City Court of Carrollton; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Carrollton, approved December 21, 1897 (Ga. L. 1897, p. 438), as amended, particularly by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2937).

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is hereby amended by raising the salary of the Judge of the City Court of Carrolton from forty-two hundred dollars ($4,200.00) per annum to six thousand dollars ($6,000.00) per annum, to be paid in twelve (12) equal monthly installments from the treasury of said county. Salary Section 2. It shall be the duty of the Ordinary of Carroll County to submit this Act to the voters of Carroll County for approval or rejection. The ordinary shall set the date for said election to be the same date as the 1956 general election for the officers of Carroll County. The ordinary shall cause the date of the election and the purpose of this Act to be published once a week for two weeks immediately preceding the date thereof in the official organ of Carroll County. The ballot shall have printed thereon the words: For approval of the Act changing the salary of the Judge of the City Court of Carrollton. Against approval of the Act changing the salary of the Judge of the City Court of Carrollton. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect on January 1, 1957. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Carroll County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Carroll: Personally appeared before me, an officer authorized

Page 2799

by law to administer oaths, Stanley Parkman, who first being duly sworn, deposes and says on oath that he is the editor of The Carroll County Georgian, official newspaper and organ of Carroll County, Georgia, published at Carrollton, Carroll County, Georgia, and that an exact copy of the attached Notice of Intention to Apply for Local Legislation was published in said newspaper on the 19th and 26th days of January, and the 2nd day of February, 1956, as provided by law. /s/ Stanley Parkman. Sworn and subscribed to before me, this 6th day of February, 1956. /s/ O. W. Roberts, Jr., Notary Public, Georgia, State at Large. My commission expires April 27, 1958. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to change the compensation of the Judge of the City Court of Carrollton; and for other purposes. This 19th day of January, 1956. J. Ebb Duncan, C. C. Perkins, Representatives, Carroll County. 1/19, 26, 2/2. Approved March 6, 1956. MILLER COUNTY VOTING MACHINES. No.270 (House Bill No. 285). An Act to amend an Act providing for the use of voting machines in Miller County, approved February 9, 1955

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(Ga. L. 1955, p. 2281), so as to remove the limitation on the number of voting machines for use in the 903rd District, G. M.; to repeal the provisions relating to when voting machines not used; to provide that the use of voting machines shall be mandatory; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the use of voting machines in Miller County, approved February 9, 1955 (Ga. L. 1955, p. 2281), is hereby amended by striking Section 7 in its entirety, and in lieu thereof inserting the following: Section 7. The Miller County Commissioners shall provide the necessary number of voting machines for all precincts where the same are to be used, in complete working order, and shall preserve and keep in repair the same and shall have custody thereof and of the furniture and equipment of the polling places, when not in use at an election. The Miller County Commissioners shall provide at least two voting machines for use in the 903rd District, G. M. Machines. Section 2. Said Act is further amended by striking Section 18 in its entirety. Section 2A. At least 30 days before the date of the election hereinafter provided, it shall be the duty of the Ordinary of Miller County to issue the call for an election for the purpose of submitting this Act to the voters of Miller County for approval or rejection. The ordinary shall set the date of the election for the second Wednesday in September, 1956. The ordinary 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 Miller County. The ballot shall have printed thereon the words: For voting machines. Against voting machines. All persons desiring to vote in favor of the Act shall

Page 2801

vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Miller County. It shall be the duty of the ordinary to hold and conduct such election in the following manner. The ordinary shall personally collect the cast ballots at the polls and deposit same in a locked safe. No other persons shall be authorized to handle said ballots, or to remove the ballot boxes from their position at the polls. On the day following the election, said safe shall be publicly opened and said ballots shall be counted in public and any resident of Miller County who shall desire to attend said counting may do so. It shall be the further duty of the ordinary to certify the results thereof to the Secretary of State. Referendum. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced at the January session of the General Assembly of Georgia, a bill to amend the Miller County voting machine Act, so as to remove the limitation on the number of such machines to be provided for use in the 903rd District, G. M.; to repeal the provisions thereof relating to when such machines are not used; and for other purposes. This 3rd day of January, 1956. Lovette Dozier, Representative, Miller County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lovette Dozier, who, on oath, deposes and says that he is Representative

Page 2802

from Miller County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Miller County Liberal, which is the official organ of said County, on the following dates: Jan. 6, 1956; Jan. 13, 1956; Jan. 20, 1956. /s/ Lovette Dozier, Representative, Miller County. Sworn to and subscribed before me this 24 day of January 1956. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 6, 1956. EAST DUBLIN TAX RETURNS. No. 271 (House Bill No. 157). An Act to amend an Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2245), and an Act approved March 3, 1955 (Ga. L. 1955, p. 2585), so as to provide that the mayor and council may place a proper valuation on property that is not returned for taxation; to provide that the mayor and council may prescribe a penalty not to exceed 10% for failure to return property or for delinquent returns; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended by an Act approved February 16,

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1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2245), and an Act approved March 3, 1955 (Ga. L. 1955, p. 2585), is hereby amended by adding at the end of Section 25 the following: The mayor and council may place a proper valuation on all property subject to taxation, when such property is not returned for taxation, after giving the owner or agent in charge of such property three (3) days notice of their intention to place a proper valuation on the property. The mayor and council may prescribe a penalty not to exceed 10% for failure to return property or for delinquent returns. so that Section 25, as so amended, shall read: Section 25. The mayor and council of said town shall have the right to provide for the annual return of property, both real and personal for taxes, by the citizens and taxpayers of said town, and shall have the right to supervise all the returns for taxes and, in their discretion, place a proper valuation on such property, subject to taxation, when they are satisfied that said property has not been returned at its proper valuation by the owner, or agent in charge of same; Provided, however, that they give the owner or agent of said property three days notice of their intention to revise said tax returns prior to the time of doing so. The mayor and council of said town shall by ordinance provide the time for the making of such tax returns, and the time when taxes shall be paid to said town. The mayor and council may place a proper valuation on all property subject to taxation, when such property is not returned for taxation, after giving the owner or agent in charge of such property three (3) days notice of their intention to place a proper valuation on the property. The mayor and council may prescribe a penalty not to exceed 10% for failure to return property or for delinquent returns. Returns.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal 1585. Notice of Intention to Apply for Local Legislation. At the special request of the Mayor and Council of the Town of East Dublin, Georgia, and by virtue of a resolution passed by that body, the undersigned will introduce in the next session of the Georgia Assembly of the State of Georgia, which will convene on the 2nd Monday in January, 1956, an Act to amend an Act entitled An Act to incorporate the Town of East Dublin, in the County of Laurens, and for other purposes, approved February 12, 1952, by authorizing the mayor and council to prescribe up to a 10 percent penalty for persons failing to make a return of property for ad valorem tax purposes, and for other purposes. This 23rd day of December, 1955. Paul J. Jones, Jr. Representative, Laurens County, Georgia (24-31-7) Notice of Intention to Apply for Local Legislation. At the special request of the Mayor and Council of the Town of East Dublin, Georgia and by virtue of a resolution passed by that body, the undersigned will introduce in the next session of the Georgia Assembly of the State of Georgia, which will convene on the 2nd Monday in January, 1956, an Act to amend an act entitled An Act to incorporate the Town of East Dublin, in the County of Laurens, and for other purposes, approved February 12, 1952, by authorizing the mayor and council to prescribe up to a 10 percent penalty for persons failing to make a return of property for ad valorem tax purposes, and for other purposes.

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This 23rd day of December, 1955. /s/ Paul J. Jones, Jr. Representative, Laurens County, Georgia. To be Published December 24th, December 31st, January 7th. State of Georgia, County of Laurens. I, W. H. Champion, editor of the Dublin Courier Herald, the official organ of Laurens County in which the advertisements of the sheriff's sales are published, do certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said notice having been published on December 24th, December 31st, and January 7th. This 13 day of January, 1956. /s/ W. H. Champion W. H. Champion Editor, Dublin Courier Herald, Dublin, Georgia. Approved March 6, 1956. BERKELEY LAKE CHARTER. No. 272 (House Bill No. 314). An Act to create and incorporate a new municipality in Gwinnett County, Georgia, to be known as the City of Berkeley Lake, to provide a charter for, and to declare the rights, powers and privileges of said municipality, and of its officers, and for other purposes. Section 1. Be it enacted by the General Assembly of

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Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act, the City of Berkeley Lake, in the County of Gwinnett, be and the same is hereby incorporated under the name and style of the City of Berkeley Lake, and by that name and style shall have perpetual succession, shall have a common seal; shall be capable in law and equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors, for the use of the City of Berkeley Lake, any estate or estates, real or personal, of whatever kind or nature, and by the said name and style be capable of suing and being sued in any court of law or equity in this State. Incorporation. Section 2. Be it further enacted that the government of said city shall be vested in a city council composed of a mayor and four councilmen. The mayor and four councilmen shall hold their offices for a term of two years, or until their successors are elected and qualified. Three councilmen shall be elected on the first Saturday in December in odd years, and two of said councilmen shall be elected on the first Saturday in December in even years. Terms of office shall commence on the first day of January following election on the first Saturday in December of the preceding year and shall end on the last day of December two years later, or until successors are elected and qualified. The first officers of the City of Berkeley Lake shall be the hereinafter named residents of Gwinnett County who shall assume office upon approval of this Act and shall serve until their successors are elected and qualified: Hon. H. A. Grumann, Mayor, whose term shall expire December 31, 1957; Hon. John Bagwell, Councilman, whose term shall expire December 31, 1957; Hon. James Bryant, Councilman, whose term shall expire December 31, 1957; Hon. Jack Liles, Councilman, whose term shall expire December 31, 1956; and Hon. Frank Kinnett, Councilman, whose term shall expire December 31, 1956. Mayor and council. Section 3. Be it further enacted, that the corporate limits of said municipality shall extend over that territory embraced within the following description:

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All that tract or parcel of land lying and being in Land Lots 268, 288, 289, 290, 297, 298 and 299 of the 6th District of Gwinnett County, Georgia, containing 698.69 acres, more or less, and being more particularly described in a certain security deed made by Berkeley Realty Investment Company to Coggins Realty Investment Company, dated July 3, 1950, and recorded in Deed Book 95, Page 448, Gwinnett County Records, which land has been subdivided as shown by plats of survey appearing of record in Plat Book E, Pages 178, 179, 248, 249, 250, and Plat Book F, Page 256, Gwinnett County Records. Corporate limits. Section 4. Be it further enacted, that at the election of officials of said municipality, all residents 18 years old, who have resided in said city six months prior thereto and who have paid all State, county, and municipal taxes, dues or assessments, shall be qualified voters. Any qualified voter shall be eligible to serve as mayor or councilman. All elections held under this Act shall be held by a manager and two clerks, who shall be qualified voters at said election, and the polls of said election shall be opened at eight (8) o'clock A.M., and close at six (6) o'clock P.M., Eastern Standard Time, and said manager and clerks, before entering upon their duties, shall take and subscribe to the following oath before some justice of the peace, notary public, mayor or councilman of the city, to wit: Elections. All and each of us do swear that we will faithfully superintend this day's election, that we will make a just and true return thereof, and not knowingly permit anyone to vote unless we believe he is entitled to do so, nor knowingly prohibit anyone from voting who is entitled to, so help us God. Section 5. Be it further enacted, that the manager and two clerks at said election shall issue a certificate of the result thereof to each of the persons having a plurality of the votes cast, which certificate shall be recorded in the records of said city, and said certificates

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shall be sufficient authority for the persons so elected to enter upon the discharge of their official duties after qualification as herein provided. Results. Section 6. Be it further enacted, that should the office of mayor or councilman become vacant by any cause, the mayor and councilmen remaining shall elect a successor who shall fill the unexpired term only. Vacancies. Section 7. Be it further enacted, that before entering upon the discharge of their official duties, the mayor and councilmen-elect shall take and subscribe to the following oath before the retiring mayor or some person authorized to administer oaths, to wit: I do solemnly swear that I will faithfully discharge all the duties devolving upon me as Mayor (or Councilman, as the case may be) of the City of Berkeley Lake during my term of office to the best of my knowledge, ability and understanding, so help me God. Said oath shall be entered on the records of the city. Oath of mayor and council. Section 8. Be it further enacted, that the councilmen shall elect annually a mayor and a mayor pro tem. from their body. It shall be the duty of the mayor pro tem. to act as mayor in all cases in the absence or disqualification of the mayor. They shall also have authority, in their discretion, to elect a clerk and a marshal, and other employees whose terms shall continue throughout the year, and expire on January 1st of the following year, subject to reappointment. The duties and compensation of said clerk, marshal and other employees, shall be such as may be fixed by the mayor and council. Clerk, marshal, etc. Section 9. Be it further enacted, that the mayor and councilmen shall have power and authority to levy and collect an ad valorem tax not exceeding forty (40) mills, annually upon all property, both real and personal, within the corporate limits of said city; they may also levy and collect such license tax upon business occupations in said city as they may see proper. All of said taxes shall be levied and collected for the purpose of defraying the general expenses of the city. Taxation.

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Section 10. Be it further enacted, that should any person fail or refuse to pay the tax imposed by the said city authority, the clerk shall issue an execution against said delinquent taxpayer, which shall be signed by him in his official capacity and shall bear teste in the name of the mayor and council. Said execution shall be directed to the marshal and shall bind all property that said delinquent taxpayer owned on the 1st day of April of the year the tax was levied, and the lien of said execution shall be superior to all liens on said property. Except in case of real estate the marshal shall advertise and sell the same as at sheriff's sales, and in case of personal property, shall expose the same for sale before the usual meeting place of the mayor and council, after advertising it by posting notices in three of the most public places in said city for ten (10) days prior to the day of sale. Levy and sale. Section 11. Be it further enacted, that the mayor and council shall have power and authority to pass all rules, regulations or ordinances that they may deem necessary for the government of said city, the preservation of order and the protection and preservation of the morals, health, lives and property of its citizens, provided, the same are not in conflict with the Constitution and laws of the State or the United States. Ordinances. Section 12. Be it further enacted, that the mayor may hold a police court in said city at any time for the trial and punishment of all persons violating the city ordinances and regulations of said city, and when holding said police court shall have the power and authority to administer oaths, preserve order and punish for contempt; said punishment shall be by a fine not exceeding one hundred ($100.00) dollars, or labor on the streets not exceeding one hundred (100) days, or confinement in the guardhouse or jail not exceeding one hundred (100) days, and he shall also have power and authority to suspend, commute, or remit the sentence imposed, in his discretion. In the absence or disqualification of the mayor, the mayor pro tem., or in his absence or disqualification, any councilman may hold said court. Police court.

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Section 13. Be it further enacted, that the mayor and council shall prescribe the rules and regulations under which property shall be returned for taxation and the penalty for failure to make returns. Tax returns. Section 14. Be it further enacted, that the mayor and council shall present a building code for the City of Berkeley Lake and issue permits for any new construction and for repairs to existing buildings within said city, where the costs of such repairs or construction shall exceed one hundred ($100.00) dollars. The mayor and council are authorized to charge a reasonable fee for the issuance of said permits. Buildings. Section 15. Be it further enacted, that the marshal shall have power and authority to arrest, without a warrant, any drunk or disorderly person, or any person committing or attempting to commit any offense against the criminal laws of this State, or against the city ordinances and commit to the jail or any other place of safety to await his trial, or may take such bond from the offender as the mayor or any councilman may direct, conditioned for his appearance for trial at the police court. Arrests. Section 16. Be it further enacted, that the mayor and council have power and authority in their discretion to establish and maintain a jail or guardhouse wherein to confine for safe keeping parties under arrest or for the punishment of parties convicted and sentenced in police court. Jail. Section 17. Be it further enacted, that should any property levied upon, under and by virtue of any execution issued by the clerk for taxes or licenses be claimed by any person not the party to the execution, said claim shall be interposed under the same rules, regulations and restrictions as regulate claim cases under the laws of this State, and in case of personal property, if the claim is two hundred ($200.00) dollars or less, it shall be returned to the justice court of the district in which said city is located, and if more than two hunderd ($200.00)

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dollars, it shall be returned and tried as other claim cases in the superior court of said county, and in case real estate is involved it shall be returned to and tried as other claim cases in the superior court of said county. Claims. Section 18. Notice of the time and place of elections shall be posted in three (3) conspicuous places throughout the city continuously for at least seven (7) days preceding said election, and said election shall be conducted in the manner hereinbefore set out. Elections. Section 19. Attached hereto and made a part hereof is copy of notice of intention to introduce this Act and the certificate of publisher that this notice has been published as provided by law. Georgia, Gwinnett County. Personally before the undersigned attesting authority appeared P. M. Christian who on oath deposes and says that he is editor of The News-Herald, a public gazette having general circulation in Gwinnett County, Georgia an official organ of said county, and that the following notice of intention to apply for local legislation has been published in the News-Herald in the issues of December 14, 21, and 28, 1955: Notice of Intention to Apply for Local Legislation. Notice is hereby given by the undersigned Representatives of Gwinnett County, Georgia, of their intention to introduce a bill at the January session, 1956, of the General Assembly of Georgia, to incorporate and grant a charter to the City of Berkeley Lake; to provide for a mayor and council for said city; to define the boundaries of said city; to provide for the election of officers of said city; to provide for the qualification of officers and voters of said city; to give said city the power and authority to pass all rules, regulations or ordinances necessary for the government of said city, the preservation of the morals, health, lives and property of its citizens; to provide for the levy of all necessary taxes for the maintenance

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of said city government; to provide for compensation for the officers of said city; to name the mayor and council for the original term; and for other purposes. This the 12th day of December, 1955. Paul V. Kelley, W. L. (Bill) Kilgore. The News-Herald, /s/ P. M. Christian, P. M. Christian, Editor. Sworn to and subscribed before me, this 15 day of January, 1956. /s/ Joseph E. Cheeley, Jr. Joseph E. Cheeley, Jr., Notary Public, Gwinnett County, Georgia. Approved March 6, 1956. SUPERIOR COURT CLERK'S SALARY IN CERTAIN COUNTIES. No. 273 (House Bill No. 418). An Act to provide that in all counties of this State having a population of 300,000 or more according to the United States census of 1950 or any future census, the salary of the clerk of the superior court shall be twelve thousand dollars per annum, payable in equal monthly instalments; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, as follows: Section 1. In all counties of this State having a population of 300,000 or more according to the United States census of 1950 or any future census, the salary of the clerk of the superior court shall be twelve thousand

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($12,000.00) per annum, payable in equal monthly instalments out of the treasury of said county. Section 2. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Approved March 6, 1956. FULTON COUNTY SHERIFF'S SALARY. No. 274 (House Bill No. 419). An Act to fix the salary of the Sheriff of Fulton County; to make the effective date of this Act, January 1, 1957; to provide that said salary shall be paid in monthly installments; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. Effective January 1, 1957, the salary of the Sheriff of Fulton County shall be the sum of twelve thousand ($12,000.00) dollars per annum, payable in equal monthly installments, out of the treasury of Fulton County. Salary. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law.

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Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 29th day of December, 1955, and once each week thereafter for 3 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 25th day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My Commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January 1956) session of the General Assembly of Georgia for local legislation to fix the compensation of the Sheriff of Fulton County. This 28th day of December, 1955. Harold Sheats, County Attorney, Fulton County. Dec 29 Jan 5 12 19 tfn Approved March 6, 1956.

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ATLANTA CHARTER AMENDED. No. 275 (House Bill No. 535). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a aprt of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. The mayor and board of aldermen are hereby authorized to sell the following described property which was purchased for the use of the water department of the city: All that tract or parcel of land lying and being in Land Lot 158 of the 17th District of Fulton County, Georgia, being Tract H of the L. D. Rolader estate located near Moores Mill Road according to survey and estimate made by C. R. Roberts Co., Engineers, September 17, 1937, and being more particularly described as follows: Sale of property. Beginning at a point three hundred forty one (341) feet west of the west side of Northside Drive at an iron pipe on original land lot line; running thence north one

Page 2816

hundred nine and six tenths (109.6) feet to iron pin set in center of Old Albert Paces Spring, now half of which is owned by Harrison Jones, dividing said spring in half and including half of said spring and running thence in a northwesterly direction down the center of spring branch, or ditch four hundred (400) feet to iron pipe in center of spring branch, thence in a southeasterly direction three hundred eighty-two and six tenths (382.6) feet to iron pipe set on original land lot line which runs between Land Lots 157 and 158; thence east along said land lot line one hundred seventy-three and seven tenths (173.7) feet to iron pipe and point of beginning; said Tract H containing one and nineteen hundredths (1.19) acres. Section 3. All provisions of the charter requiring promotions in the police department to be made under the terms of the General Civil Service Act and ordinances enacted thereunder are hereby repealed. Promotions in that department shall be made according to the merit and fitness of the applicant which shall be determined by the chief of police who shall take into consideration the elements of character, aptitude, experience, knowledge, skill, personality, age, physical fitness, leadership, seniority and other pertinent factors. Police department. Section 4. The following provisions of the charter as amended by the Act approved February 21, 1951 (Ga. L. 1951 pp. 3247 et seq) are hereby repealed: Section 4. An examining board is hereby created for the police department. It shall consist of the personnel director, the chief of police and three members of the police department to be selected by the chief. One of these shall be a superintendent, one a captain and the other a lieutenant. This board shall have general supervision of tests and examinations and ratings for promotions in the department. Same. Section 5. The mayor and board of aldermen in their discretion may provide for the consolidation of all inspection services in the Department of Building Inspector. Building inspections.

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Section 6. All laws and parts of laws in conflict here-with are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned Hamilton Lokey author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1956 session of the General Assembly, which convenes on Monday, January 9, 1956, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican. Representative M. M. (Muggsy) Smith. Representative Hoke Smith. Representative Hamilton Lokey. Dec 20 27 Jan 3 This 7th day of February, 1956. /s/ Hamilton Lokey.

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Sworn to and subscribed before me, this 7th day of February, 1956. /s/ Janette Hirsch Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 6, 1956. MACONSTREET CLOSING. No. 276 (House Bill No. 613). An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of First Street adjacent to Square 74 located in said city and authorize said city to close, vacate and abandon the portion of First Street involved; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. Title is hereby vested in the City of Macon, its successors and assigns, to all that portion of First Street adjacent to Square 74 in said city, the same being a strip of land 26 feet wide adjoining the present property line of Lot 8 in Square 74, beginning at a line which is an extension in a southeasterly direction of the northeast line of an alley known as Pine Street Lane, which runs in an easterly and westerly direction through Square 74, and running thence in a northeasterly direction adjacent to the original property line of said Lot 8, and an extension thereof, to the extension of a line running in a southeasterly direction parallel to and 20 feet northeast of the northeast line of said lot; provided, however, that it is not the intention of this section to vest title to any portion of First Street lying in front of or adjacent

Page 2819

to property not owned by the City of Macon unless and until said city shall acquire title to such property, in which event title will be vested in the City of Macon to that portion of First Street contiguous to such adjacent property as will make a straight line with other property of said City of Macon. Part of First Street. Section 2. The City of Macon, through its governing authority, is hereby authorized and empowered to close, vacate and abandon for street purposes all that portion of First Street title to which is hereby vested in it and thereafter to hold and own the same without limitation. The powers hereby granted are not intended to supersede those set forth in the charter of the City of Macon but are intended to be cumulative of said powers. Section 3. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, J. Dougals Carlisle, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for three consecutive weeks, to wit: on January 20, January 27, and February 3, 1956, during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georgia, and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the sheriff of the County of Bibb were and are published. /s/ J. Douglas Carlisle, J. Douglas Carlisle.

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Sworn to and subscribed before me this 9 day of February, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. Notary Public, Fulton County, Georgia My commission expires Oct. 7, 1956. (Seal Affixed). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1956 session of the General Assembly which convened on Monday, January 9, 1956: 1. An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of Poplar Street, adjacent to Block 62, Old City, in said city and to authorize said city to close, vacate and abandon the portion of Poplar Street involved. 2. An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of First Street, adjacent to Square 74, in said city and to authorize said city to close, vacate and abandon the portion of First Street involved. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. This 19th day of January, 1956. C. Cloud Morgan, City Attorney. Approved March 6, 1956.

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SAVANNAHLAND CONVEYANCE AUTHORIZED. No. 277 (House Bill No. 417). An Act to amend the charter of The Mayor and Aldermen of the City of Savannah and the several Acts amendatory thereof by authorizing The Mayor and Aldermen of the City of Savannah to close and sell to Taliaferro Baptist Church of Savannah, Georgia, Inc., that portion of Macon Street in the City of Savannah, Chatham County, Georgia, being fifteen (15) feet in width and one hundred thirty-five (135) feet in length and lying south of and immediately adjacent to Lot Number Eighteen (18) and the eastern one-half of Lot Number Seventeen (17) Troup Ward, Savannah, Georgia; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same that The Mayor and Aldermen of The City of Savannah is hereby authorized to close and sell that portion of Macon Street in the City of Savannah, Chatham County, Georgia, being fifteen (15) feet in width and one hundred thirty-five (135) feet in length and lying south of and immediately adjacent to Lot Number Eighteen (18) and the eastern one-half of Lot Number Seventeen (17) Troup Ward, Savannah, Georgia, to Taliaferro Baptist Church of Savannah, Georgia, Inc., at such price as shall be determined by The Mayor and Aldermen of the City of Savannah. Be it further enacted that the initial use which shall be made of the aforementioned portion of Macon Street shall be for the erection of a church edifice and other church uses and that such conveyance as is made by The Mayor and Aldermen of the City of Savannah to Taliaferro Baptist Church of Savannah, Georgia, Inc., of that portion of Macon Street shall contain a provision that the initial use of the aforementioned portion of Macon Street shall be for the erection thereon of a church edifice and other church uses.

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Be it further enacted, that the conveyance herein authorized shall not be made unless and until satisfactory proof is submitted in writing to the said The Mayor and Aldermen of the City of Savannah that the said Taliaferro Baptist Church of Savannah, Georgia, Inc., is ready, willing and able to proceed with the construction and erection of the church edifice thereon, and other church purposes. Be it further enacted, that all laws or parts of laws in conflict with the same are hereby repealed. A copy of the notice of intention to apply for this local legislation and the affidavit of its authors that said notice has been published as required by law are attached hereto and made a part hereof, and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to the notice of intention to apply for local legislation have been complied with by the enactment of this law. Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized by law to administer oaths, Frank Cheatham, Jr., Edgar Eyler and John W. Sognier, who, on oath, depose and say that they are the authors of the foregoing legislation, and that the following notice was published in the Savannah Evening Press, the official gazette for the sheriff's advertising in Chatham County, on the 7th, 14th and 21st days of December, 1955. /s/ Frank S. Cheatham, Jr. Frank Cheatham, Jr. /s/ Edgar P. Eyler Edgar Eyler /s/ John W. Sognier John W. Sognier. Sworn to and subscribed before me this 31st day of Jan., 1956. /s/ John Chambers, Notary Public Richmond County, Ga.

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State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Helen Pope, who on oath deposes and says that she is advertising clerk of the Morning News, Inc., a corporation of this State, with it principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following: Notice of Intention to Apply for the Passage of Local or Special Legislation. Georgia, Chatham County: Notice is hereby given that application will be made at the next regular session of the General Assembly of Georgia for the passage of the following bill: A Bill. An Act to amend the charter of The Mayor and Aldermen of The City of Savannah and the several Acts amendatory thereof by authorizing The Mayor and Aldermen of The City of Savannah to close and sell to Taliaferro Baptist Church of Savannah, Georgia, Inc., for the purpose of erecting a church edifice thereon and other church purposes, that portion of Macon street, in the City of Savannah, Chatham County, Georgia, being fifteen (15) feet in width and one hundred thirty-five (135) feet in length and lying south of and immediately adjacent to Lot Number Eighteen (18) and the eastern one-half of Lot Number Seventeen (17) Troup Ward, Savannah, Georgia; and for other purposes. Taliaferro Baptist Church of Savannah, Georgia, Inc. By J. Carswell Milligan, Pastor.

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Sworn to and subscribed before me this 6th day of January, 1956. M. L. Herring, Notary Public, Chatham County, Georgia. (Notarial Seal). has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of January 7-14-21, 1956. /s/ Helen Pope. Sworn to and subscribed before me this 21st day of January 1956. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal Affixed). Approved March 6, 1956. ALBANYCITY EMPLOYEES. No. 278 (House Bill No. 304). An Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923, (Ga. L. 1923, p. 370), as amended by an Act approved February 1, 1951 (Ga. L. 1951, p. 2090) and an Act approved March 4, 1955, (Ga. L. 1955, p. 2647), so as to remove from said Act all reference to employees employed by the board of city commissioners other than those specifically enumerated in said Act as elected every two years; to provide that the probationary period shall not apply to policemen and firemen previously employed by the City of Albany for more than six months prior to January 9, 1956; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating a new charter for the City of Albany, approved August 18, 1923 (Ga. L. 1923, p. 370), as amended by an Act approved February 1, 1951 (Ga. L. 1951, p. 2090) and an Act approved March 4, 1955, (Ga. L. 1955, p. 2647) is hereby amended by striking from Section 3 of said Act, as amended, the language inserted therein by said Act approved March 4, 1955 (Ga. L. 1955, p. 2647), and inserting in lieu thereof the following: The board of city commissioners shall on the second Monday in January of every other year beginning January, 1956, elect a city manager, a city attorney, a city clerk and treasurer (the duties of which two offices shall be performed by one person), a chief of the fire department, a marshal or chief of police, a city physician, and, at the pleasure of the board, may elect a police court recorder. All of the said officers and all other officers and employees elected by the board of city commissioners shall not be elected or employed for any specific term but shall be retained so long as the duties of the job are performed with efficiency, provided the respective employee has served the requisite probationary period. The probationary period is fixed at six (6) months of continuous employment in the respective departments of the city. All policemen and firemen shall be subject to discharge during the probationary period by the respective chief of the fire or police departments subject to the approval of the board of city commissioners, with or without cause and without notice or hearing. All such officers and employees who have served the requisite probationary period shall be subject to removal only for cause and after 24 hours written notice setting forth substantially the cause of complaint. Any person dismissed shall have a right to appeal to the board of city commissioners by filing a written request for a hearing with the city clerk within 24 hours after service of the written notice hereinabove provided for. Thereafter, within 48 hours of the filing of a request for hearing such employee shall be given written notice of the time and place of hearing. Thereafter the board of city commissioners shall

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conduct a hearing of such charges, with the right of the employee to be present and to be represented by counsel. If found guilty of the charges contained in the notice of dismissal by a majority vote of the total membership of the board of city commissioners, such employee may be discharged, suspended without further pay or reinstated. Any officer or employee may fail or refuse to demand such hearing and if such hearing is not demanded within the time hereinabove provided same shall be waived. Any officer or employee shall have the right to resign and resignations of firemen may be accepted by the chief of the fire department, of policemen by the chief of police. The right of certiorari from the decision of the board of city commissioners shall exist in all cases and shall be exercised under the provisions of the laws of the State of Georgia in such cases made and provided. Election and removal of employees. Section 2. Nothing in this Act shall be construed to mean that the probationary period referred to herein shall apply to policemen and firemen employed by the Board of City Commissioners of the City of Albany on January 9, 1956, where such policemen and firemen have prior to said date, been in the employment of said city for a period in excess of six months. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1956 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Albany approved August 18, 1923 (Ga. L. 1923, p. 370), as amended by an Act approved February 1, 1951 (Ga. L. 1951, p. 2090), and an Act approved March 4, 1955 (Ga. L. 1955, p. 2647), so as to provide that said portion of the city charter shall not apply to officers and employees of said city not employed by the board of city commissioners prior to the effective date of the 1955 amendment of said charter provision;

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to provide that the probationary period shall not apply to policemen and firemen previously employed by the City of Albany for more than six months prior to January 9, 1956; to repeal conflicting laws and for other purposes. Jim Denson, G. Stuart Watson, Representatives, Dougherty County. Georgia, Dougherty County. The undersigned does hereby certify that he is publisher of the Albany Herald, a newspaper in which sheriff's advertisements for Dougherty County are published, and that an exact copy of the above notice was published in the Albany Herald on December 23 and 30, 1955, and January 4, 1956. This 25 day of January, 1956. /s/ James H. Gray. James H. Gray. Sworn to and subscribed before me, this 25 day of January, 1956. /s/ G. Stuart Watson, Notary Public, Dougherty County, Ga. Approved March 6, 1956. HOGANSVILLE CORPORATE LIMITS. No. 279 (House Bill No. 558). An Act to amend an Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), is hereby amended by striking Section 3 in its entirety, and inserting in lieu thereof the following: Section 3. The corporate limits of said city shall extend as follows: Beginning at a point in the center of Main Street, where same crosses the Atlanta West Point Railroad main line, as the center of said city, measure one and one-half (1) miles in each direction, east, south, north and west, then at the end of said lines drawn toward the east, south, north and west from said center, draw lines at right angles to same until the east and west lines intersect the lines drawn on the north and south, thereby making said corporate limits in the form of a square extending three (3) miles from east to west and three (3) miles from north to south, with the center of such square being at the point of beginning. Corporate limits. Section 2. Not later than June 1, 1956, after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the Ordinary of Troup County to issue the call for an election for the purpose of submitting this Act to the voters of the affected area for approval or rejection. The ordinary shall set the date of the election for July 18, 1956. The ordinary shall cause the date and the purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Troup County. The ballot shall have printed thereon the words: For approval of the Act to change the corporate limits of the City of Hogansville. Against approval of the Act to change the corporate limits of the City of Hogansville. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. It shall be the duty of the Ordinary of Troup County to hold

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such election in such manner as to enable the voters residing in the area to be annexed to the City of Hogansville, and the voters of the City of Hogansville, to vote upon the approval or rejection of this Act separately. If a majority of those persons voting in such election within the corporate limits of the City of Hogansville, and a majority of those persons voting in such election residing in the area to be annexed to the City of Hogansville, vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election, either within the corporate limits of the City of Hogansville or in the area to be annexed to the City of Hogansville, vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Hogansville. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election, and it shall be his further duty to certify the results thereof to the Mayor of the City of Hogansville and to the Secretary of State. Referendum. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and says that he is the general manager of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Ga. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Legal No. 6732 Jan. 14, 20, 27, Feb. 3.

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Georgia, Troup County. Notice of Local Legislation. Notice is given as prescribed by law that there will be introduced in the General Assembly of the State of Georgia, a local bill to amend the city charter of the City of Hogansville, Georgia, so as to increase the city limits of said city. City of Hogansville, Georgia, C. S. Burden, City Clerk. has been published in said LaGrange Daily News, to wit: Jan. 14, 1956, Jan. 20, 1956, Jan. 27, 1956, Feb. 3, 1956 being 4 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, General Manager. Sworn and subscribed before me, this 6 day of Feb. 1956. /s/ E. W. Fleming, Notary Public, Troup County. (Seal) Approved March 6, 1956. MOULTRIE LIMITS EXTENDED. No. 280 (House Bill No. 527). An Act to amend the charter of the City of Moultrie, approved March 3, 1943, (Ga. L., 1943, pp. 1458, et seq.), as amended by the several subsequent Acts; to extend the present corporate limits of said city; to provide for referendums to determine whether this Act, in whole or in part, shall go into effect; to fix the qualifications of the voters in said referendums and to provide for the declaration of the results; to provide penalties for illegal voting; to provide for the

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acquisition by the city of that portion of any electric system contained in the annexed area; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the Act entitled An Act to create and establish a new charter for the City of Moultrie; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; and to confer extraterritorial jurisdiction upon said city with certain adjacent territory; to confer power upon said city to pass ordinances and regulations for the zoning of said city; to provide that no valid or existing ordinances, rule or regulation of the former corporation nor any contract made or right acquired under the same shall be affected by this Act; and for other purposes approved March 3, 1943, and published in Georgia Laws, 1943, pages 1458 through 1499 inclusive, and the several Acts amendatory thereof be and the same are hereby amended as follows: Section 1. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the northwest corner of the present corporate limits of the City of Moultrie and run west in line with the present north corporate limits 3400 feet, thence run south parallel with the west corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, page 1458 et seq., to a point 3400 feet west of the southwest corner of the City of Moultrie, as defined in Georgia Laws, 1943, page 1458 et seq., thence run in a southeasterly direction to the southwest corner of the Franklin Subdivision, which point is on the north margin of the Moultrie-Meigs Post Road 511 feet west of the intersection of the north margin of said road and the east original lot line of Land Lot No. 336 in the Eighth Land District of Colquitt County, thence run in a southerly

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direction to the original southwest corner of Land Lot No. 337 in the Eighth Land District of Colquitt County, thence run east along the south lot line of said Land Lot No. 337 to its intersection with the west margin of the Moultrie-Thomasville State Highway No. 35, also known as U. S. 319, thence run northwesterly and northerly along the west margin of said highway to its intersection with the present south corporate limit line of the City of Moultrie, thence run various courses and distances along said south and west corporate limit lines to the point of beginning; Except that there shall not be included in said City of Moultrie that area encompassed within the present corporate limits of the Town of Riverside. Description. Section 2. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the intersection of the west margin of South Main Street in the City of Moultrie with the present south corporate limit line of said city, which point is 5860 feet south of the center of the courthouse square in the City of Moultrie, thence run south and southeasterly along the west margin of the extension of said South Main Street, which is the west margin of the Moultrie-Thomasville State Highway No. 35, also known as U. S. 319, to its intersection with the south original lot line of Land Lot No. 337 in the Eighth Land District of Colquitt County, Georgia, thence run east along the south original lot lines of Land Lot No. 337 and Land Lot No. 338 to a point which is the intersection of an extension of the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, page 1458 et seq., with said south original lot line of Land Lot No. 338, thence run north along the extension of said east corporate limit line to the present southeast corner of the City of Moultrie, thence run west along the present south corporate limit line to the point of beginning. Description. Section 3. That the corporate limits of the City of

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Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at the southeast corner of the corporate limits of the City of Moultrie as defined by Georgia Laws 1943, page 1458 et seq., thence run south along an extension of the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, page 1458 et seq., to its intersection with the south original lot line of Land Lot No. 338 in the Eighth Land District of Colquitt County, Georgia, thence run east along said south original lot line to the southeast corner of said Land Lot No. 338, thence run north along the east lot line of Land Lot No. 338 and Land Lot No. 307 8600 feet to the original northwest corner of Land Lot No. 307, thence run west along the north lot line of said Land Lot No. 307 3800 feet to the present east corporate limit line of the City of Moultrie, thence run south along said east corporate limit line to the point of beginning. Description. Section 4. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at a point on the present corporate limit line of the City of Moultrie, which point is 1090 feet north of the southeast corner of the corporate limits of the City of Moultrie as defined in Georgia Laws, 1943, page 1458 et seq., thence run east along the original south lot lines of Land Lot No. 292, Land Lot No. 293, and Land Lot No. 294 in the Eighth Land District of Colquitt County, Georgia, 9500 feet, thence run north parallel with the east corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, page 1458 et seq., 4660 feet, thence run west parallel with the aforementioned south lot lines 9500 feet to the present east corporate limit line of the City of Moultrie, thence run various courses and distances along the present east corporate limits of the City of Moultrie to the point of beginning. Description.

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Section 5. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at a point on the present east corporate limit line of the City of Moultrie, which point is 5750 feet north of the southeast corner of the corporate limits of the City of Moultrie as defined in Georgia Laws, 1943, page 1458 et seq., thence run east 3980 feet to the original east lot line of Land Lot No. 261 in the Eighth Land District of Colquitt County, Georgia, thence run north along said original east lot line 10370 feet, thence run west parallel to the present north corporate limit line of the City of Moultrie 7710 feet to a point, thence run south 6300 feet to a point on the north corporate limit line of the present City of Moultrie, which point is the intersection of the east margin of First Street, N. E. with the present north corporate limit line of the City of Moultrie, thence run various courses and distances along the present north and east corporate limit lines to the point of beginning; Except that there shall not be included in said City of Moultrie that area described in that certain warranty deed from R. E. Champion to Swift Company dated September 15, 1933, and recorded September 15, 1933, in Deed Book 88, pages 145 and 146, in the office of the Clerk of the Superior Court of Colquitt County, Georgia, and that area described in that certain warranty deed from G. Darbyshire to Swift Company dated April 29, 1953, and recorded May 13, 1953, in Deed Book 156, page 329, in the office of the Clerk of the Superior Court of Colquitt County, Georgia. Description. Section 6. That the corporate limits of the City of Moultrie be enlarged and extended so as to include and embrace therein all the area lying within the following boundary lines: Begin at a point on the present north corporate limit line of the City of Moultrie, which point is the intersection of said north corporate limit line with the east

Page 2835

margin of First Street, N. E., thence run north along the present east margin of First Street, N. E. and what would be an extension of said east margin 6300 feet, thence run west parallel with the present north corporate limit line of the City of Moultrie 7590 feet, thence run south parallel with the west corporate limit line of the City of Moultrie as defined in Georgia Laws, 1943, page 1458 et seq., 6300 feet to a point 3400 feet west of the northwest corner of the present corporate limits, thence run east along a westward extension of the present north corporate limit line 3400 feet to the northwest corner of the present corporate limits of the City of Moultrie, continue east along the present north corporate limit line to the point of beginning; Except that there shall not be included in said City of Moultrie that area lying within the following boundaries: Begin at the intersection of the west margin of North Main Street extended north from the present corporate limits of the City of Moultrie with the south margin of the Georgia Northern Railway Company right-of-way, and from said point of beginning run west to the west original lot line of Land Lot No. 245 in the Eighth Land District of Colquitt County, thence run north along said west lot line to its intersection with the north margin of the Georgia Northern Railway Company right-of-way, which point is 1811.75 feet south of the original northwest corner of said Land Lot No. 245, thence run in a southeasterly direction along the north margin of said right-of-way to the southwest corner of that tract of land conveyed to G. Darbyshire by Swift Company on April 29, 1953, thence run east 246 feet, more or less, to the west margin of the old Moultrie-Sylvester State Highway, thence run in a southerly direction along the west margin of said highway and along the west margin of said extension of North Main Street to the point of beginning. Description. Section 7. The several areas described in Section 1, 2, 3, 4, 5, and 6 above shall become a part of the City of Moultrie at midnight on the 2nd day of April, 1957, on the condition that only such of said Sections 1, 2, 3, 4, 5, and 6 of this Act shall become effective as are approved

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and ratified by the qualified voters of the several affected areas and the qualified voters of the present City of Moultrie in separate referendum elections as hereinafter provided. Section 8. It shall be the duty of the mayor and council of the City of Moultrie to call a referendum election to be held on the first Monday in October, 1956, which election shall be held with the regular election to be held the same day for the election of councilmen of the City of Moultrie, to determine whether the qualified voters residing within the present corporate limits of the City of Moultrie favor annexation of each of the areas described in the first six sections of this Act. Said referendum election shall be governed by the laws and regulations applicable to the election of the mayor and councilmen of the City of Moultrie, where not in conflict with the specific provisions of this Act; and any person qualified to vote for the election of the councilmen of the City of Moultrie on the first Monday in October, 1956, shall likewise be qualified to vote in said referendum election. Referendum elections. Section 9. It shall be the duty of the Ordinary of Colquitt County to call a referendum election, within thirty (30) days after the first Monday in October, 1956, in each area described in the first six sections of this Act which has been approved and ratified by a majority of the qualified voters residing within the present corporate limits of the City of Moultrie as provided in this Act, to determine whether the qualified voters residing in each of said six described areas favor annexation of said areas. Section 10. Notice of each election shall be published once a week for four weeks within sixty (60) days of the date set for the election in the daily newspaper in which sheriff's advertisements for Colquitt County appear. The notice shall set forth the date of the election, the location of the polling places, the hours for voting, and a brief statement of the issues to be determined by the election. A detailed description of the areas proposed

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to be annexed need not be set forth in said notice, but a certified copy of this Act shall be kept on file in the office of the ordinary and in the office of the clerk of the City of Moultrie and shall be subject to inspection by the public during regular office hours, for a period of sixty (60) days prior to the date of the election. Section 11. The ordinary shall provide as many polling places in each described area as shall be required to handle the voting. She shall appoint three (3) managers to supervise the election in each area, and shall employ such other personnel as shall be required. The managers shall be sworn by the ordinary or any notary public to faithfully manage said election. Voting booths shall be used at each polling place and the laws and regulations applicable to general elections, where not in conflict with the specific provisions of this Act, shall apply to said election. Section 12. The general form of the ballot shall be in accordance with, as nearly as practicable, the provisions of Section 341914, George Code Annotated, 1933. The ballots shall show the purpose of the election by brief reference to this Act, and those ballots for the use of the qualified voters residing within the present corporate limits of the City of Moultrie shall have printed thereon the words For annexation, West Moultrie Area, Against annexation, West Moultrie Area; For annexation, Colonial Heights Area, Against annexation, Colonial Heights Area; For annexation, Crestwood Gardens Area, Against annexation, Crestwood Gardens Area; For annexation, East Moultrie Area, Against annexation, East Moultrie Area; For annexation, Tifton Highway Area, Against annexation, Tifton Highway Area; For annexation, Sylvester Drive Area, Against annexation, Sylvester Drive Area. Those ballots for the use of the qualified voters residing in the area described in Section 1 hereof shall have printed thereon the words For annexation, West Moultrie Area, Against annexation, West Moultrie Area.

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Those ballots for the use of the qualified voters residing in the area described in Section 2. hereof shall have printed thereon the words For annexation, Colonial Heights Area, Against annexation, Colonial Heights Area. Those ballots for the use of the qualified voters residing in the area described in Section 3 hereof shall have printed thereon the words For annexation, Crestwood Gardens Area, Against annexation, Crestwood Gardens Area. Those ballots for the use of the qualified voters residing in the area described in Section 4 hereof shall have printed thereon the words For annexation, East Moultrie Area, Against annexation, East Moultrie Area. Those ballots for the use of the qualified voters residing in the area described in Section 5 hereof shall have printed thereon the words For annexation, Tifton Highway Area, Against annexation, Tifton Highway Area. Those ballots for the use of the qualified voters residing in the area described in Section 6 hereof shall have printed thereon the words For annexation, Sylvester Drive Area, Against annexation, Sylvester Drive Area. The voters residing within the present corporate limits of the city and in each area favoring annexation shall erase, mark out or cancel the words Against annexation, and the named area. The voters residing within the present corporate limits of the city and in each area opposing annexation shall erase, mark out or cancel the words For annexation, and the named area. The voters residing within the present corporate limits of the city shall indicate a choice favoring or opposing annexation of each of the six described areas. As nearly as practicable, the voting shall be conducted in accordance with the provisions of the Act of the General Assembly of Georgia approved March 20, 1943, and published in Georgia Laws, 1943, pages 290 and 291. Section 13. Only persons who are qualified to vote in Colquitt County for members of the General Assembly

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of Georgia and who have resided continuously in the area in which they intend to vote for at least three (3) months next preceding the day of the election, shall be qualified to vote in the referendum to be held in said areas; and such qualified voters shall only be entitled to vote the ballot prepared in accordance with Section 12 hereof for use by the qualified voters in the area of their residence. The registrars of Colquitt County shall prepare lists for each of the areas in which the referendum election is to be held, and the registrars of the City of Moultrie shall prepare lists for the present corporate area of the City of Moultrie of the persons qualified to vote in each area and in said city respectively, in each election, insofar as can be determined at the time the lists are prepared. The lists of qualified voters in the areas outside the present corporate limits of said city in which a referendum election is to be held shall be certified to the ordinary. The lists of the qualified voters within the present corporate limits of said city shall be certified to the clerk of the City of Moultrie. No person whose name does not appear upon one of said lists shall be permitted to vote, unless such person shall first subscribe an oath that he has resided within the area in which he desires to vote for three (3) months next preceding the date of said election and that he was qualified to vote in Colquitt County for members of the General Assembly of Georgia thirty (30) days before the date of said election, or that he is qualified to vote for members of the General Assembly of Georgia and has registered to vote according to the laws of the City of Moultrie, whichever is applicable. Section 14. In cases of the challenge of any voter, any one or more of the managers shall, or upon his own motion may, require any voter to subscribe to an oath that he has resided within the area in which he desires to vote for three (3) months next preceding the date of said election and that he was qualified to vote in Colquitt County for members of the General Assembly of Georgia thirty (30) days before the date of said election, or that he is qualified to vote for members of the General Assembly

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of Georgia and has registered to vote according to the laws of the City of Moultrie, whichever is applicable. Section 15. Any one or more of the managers are hereby empowered to administer oaths to any voter required to subscribe to an oath under the provisions of this Act; and the word manager as used in this Act shall be construed to include the duly appointed and qwualified managers of the regular election of councilmen of the City of Moultrie, unless the context clearly indicates otherwise. Section 16. Any person who shall swear falsely that he is qualified to vote in said election, or who shall vote in said election without the proper qualifications prescribed in this Act, or who shall cast more than one ballot, shall be guilty of a misdemeanor and upon conviction thereof shall be punished as prescribed in Section 27-2506 of the Code of Georgia of 1933. Section 17. The polls shall be open during the hours between 7:30 o'clock A. M. and 6:00 o'clock P. M. in accordance with the time in effect in the City of Moultrie on the day of the election. Immediately upon the closing of the polls the managers shall count the ballots cast at the election and shall deliver to the ordinary the sealed ballot boxes, ballots, tally sheets, and lists of voters. At or before noon of the day following each election, the managers shall certify the results of the election called by the ordinary to the ordinary and the election called by the mayor and council of the City of Moultrie to the clerk of the City of Moultrie. As soon as practicable thereafter, the ordinary shall declare the results of the election in writing to the City of Moultrie, and the mayor and council shall declare the results of the election in the City of Moultrie, and shall spread on their minutes the results of the various elections and the clerk of the City of Moultrie shall certify to the Secretary of State of Georgia the results of said election. Section 18. In the event a majority of the votes cast

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in said election by the qualified voters residing in the area described in Section 1 hereof shall favor annexation and a majority of the votes cast by the qualified voters residing within the present corporate limits of the City of Moultrie shall favor annexation of the area described in Section 1 hereof, such area described in Section 1 of this Act shall become a part of the City of Moultrie, and subject to all of the laws and ordinances governing the same, at midnight on the 2nd day of April, 1957. Section 19. In the event a majority of the votes cast in said election by the qualified voters residing in the area described in Section 2 hereof shall favor annexation and a majority of the votes cast by the qualified voters residing within the present corporate limits of the City of Moultrie shall favor annexation of the area described in Section 2 hereof, such area described in Section 2 of this Act shall become a part of the City of Moultrie, and subject to all of the laws and ordinances governing the same, at midnight on the 2nd day of April, 1957. Section 20. In the event a majority of the votes cast in said election by the qualified voters residing in the area described in Section 3 hereof shall favor annexation and a majority of the votes cast by the qualified voters residing within the present corporate limits of the City of Moultrie shall favor annexation of the area described in Section 3 hereof, such area described in Section 3 of this Act shall become a part of the City of Moultrie, and subject to all of the laws and ordinances governing the same, at midnight on the 2nd day of April, 1957. Section 21. In the event a majority of the votes cast in said election by the qualified voters residing in the area described in Section 4 hereof shall favor annexation and a majority of the votes cast by the qualified voters residing within the present corporate limits of the City of Moultrie shall favor annexation of the area described in Section 4 hereof, such area described in Section 4 of this Act shall become a part of the City of Moultrie, and subject to all of the laws and ordinances governing the same, at midnight on the 2nd day of April, 1957.

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Section 22. In the event a majority of the votes cast in said election by the qualified voters residing in the area described in Section 5 hereof shall favor annexation and a majority of the votes cast by the qualified voters residing within the present corporate limits of the City of Moultrie shall favor annexation of the area described in Section 5 hereof, such area described in Section 5 of this Act shall become a part of the City of Moultrie, and subject to all of the laws and ordinances governing the same, at midnight on the 2nd day of April, 1957. Section 23. In the event a majority of the votes cast in said election by the qualified voters residing in the area described in Section 6 hereof shall favor annexation and a majority of the votes cast by the qualified voters residing within the present corporate limits of the City of Moultrie shall favor annexation of the area described in Section 6 hereof, such area described in Section 6 of this Act shall become a part of the City of Moultrie, and subject to all of the laws and ordinances governing the same, at midnight on the 2nd day of April, 1957. Section 24. The ordinary shall certify to the City of Moultrie an itemized statement of the entire cost of the election called by the ordinary which shall be paid by said city. Section 25. That all laws or parts of laws in conflict with this Act be, and they are, hereby repealed. Notice of Local Bill. Notice is hereby given of the intention to apply for the passage at the present session of the General Assembly of Georgia of a local bill to amend An Act to create and establish a new charter for the City of Moultrie approved March 3, 1943, (Ga. L. 1943, pp. 1458-1498), and Acts amendatory thereof, the purpose of said amendment being to extend the limits of the City of Moultrie so as to fix the limits of said city three miles in all directions from the center of the courthouse square, to provide for a referendum, the voters in all the affected

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area, including the City of Moultrie, being given an opportunity to vote thereon. Amendments germane to said legislation may be offered and adopted as provided by law. January 18, 1956. Georgia, Colquitt County. Before me, the undersigned officer duly authorized by law to administer oaths, personally appeared Annie Mae Adams, who, first being duly sworn, on oath, deposes and says that she is the treasurer of the Observer Publishing Company, a domestic corporation of said county, and the publisher of the Weekly Moultrie Observer, a newspaper published in the City of Moultrie, Colquitt County, Georgia, the same having general circulation in said city and county and being the official organ of said county in which the sheriff's advertisements for said county are published and that the above and foregoing notice of intention to apply for local legislation at the present session of the General Assembly of Georgia is a true and correct copy of the notice which was published in said newspaper in the issues of January 20, January 27, and February 3, 1956. /s/ Annie Mae Adams. Sworn to and subscribed before me, this 4th day of February, 1956. /s/ Mabel C. Potts, Notary Public, Colquitt County, Georgia. My commission expires: April 16, 1956. (Seal) Approved March 6, 1956.

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WHEELER COUNTYSHERIFF'S COMPENSATION. No. 281 (House Bill No. 496). An Act to provide for additional funds to be paid the Sheriff of Wheeler County in lieu of mileage allowances; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Sheriff of Wheeler County, in addition to the fees which he receives, shall be paid the sum of $150.00 per month in lieu of any mileage allowances now received by said sheriff. Such sum shall be paid from the funds of Wheeler County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that a bill will be introduced at the January session, 1956, of the General Assembly of Georgia authorizing the Commissioner of Roads and Revenues of Wheeler County, Georgia, to pay a salary to the Sheriff of Wheeler County, in addition to the fees now received by said sheriff. This the 14th day of January, 1956. C. M. Jordan. 39-4t Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. M. Jordan, who, on oath, deposes and says that he is Representative from Wheeler County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle, which

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is the official organ of said County, on the following dates: Jan. 19, 26 and Feb. 2, 1956. /s/ C. M. Jordan, Representative, Wheeler County. Sworn to and subscribed before me, this 6 day of Feb., 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal) Approved March 6, 1956. PULASKI COUNTY COMMISSIONER'S SALARY. No. 282 (House Bill No. 452). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 286), so as to change the compensation of the commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenues of Pulaski County, approved August 18, 1919 (Ga. L. 1919, p. 729), as amended, particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 286), is hereby amended by striking from Section 5 the words and figures three thousand ($3,000.00) and in lieu thereof inserting the words and figures thirty-six hundred ($3,600.00), so that Section 5 as so amended shall read:

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Section 5. Be it further enacted by the authority aforesaid, that said commissioner shall receive a salary of thirty-six hundred ($3,600.00) dollars per annum to be paid out of the county treasury monthly at the end of each month's service. Said commissioner shall be required to give his undivided attention and his time to be duties of said office. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legal Legislation. To be introduced at the current session of the General Assembly of Georgia, An Act, entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in and for Pulaski County and amendments thereto, said Act to be found in Georgia Laws, 1919, page 729, et seq. by increasing the salary of said commissioner from $3,000 annually to $3,600 annuall; for other purposes. Pete Pettey, Rep. Pulaski County. 1-11-3tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Pete Pettey, who, on oath, deposes and says that he is Representative from Pulaski County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hawkinsville Dispatcher-News, which is the official organ of said county, on the following dates: Jan 11, 18 and 25, 1956. /s/ Pete Pettey, Representative, Pulaski County.

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Sworn to and subscribed before me this 1 day of February 1956. /s/ Guy D. Jackson, Notary Public State at Large. (Seal). Approved March 6, 1956. GAINESVILLE CHARTER AMENDED. No. 283 (House Bill No. 364). An Act to amend the charter of the City of Gainesville by defining and establishing the corporate limits of said city, granting to said city the right of eminent domain, the right to operate a water plant and system both inside and outside the corporate limits of said city, the right to make a charge for connecting to the sewer system of said city property not otherwise assessed for sewer service, the authority to provide public parking facilities, the right to create a bonded debt of 3 per centum in addition to the debt of 7 per centum of the assessed value of all the taxable property in said city, as provided in Article VII, Section VII, Paragraph III and Article VII, Section VII, Paragraph I of the Constitution of Georgia, declaring the provisions of said Acts severable, repealing conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The corporate limit of the City of Gainesville is hereby defined and established as follows and with the exception of the property excepted in Subsection (b) of this section all property and persons situated within said boundary shall be within the jurisdiction of the said city: Beginning at a point on the present city limits which

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is an arc of 2 mile radius from the center of the public square, in the City of Gainesville, Georgia, where the said arc intersects with the north side of the Gainesville-Dawsonville Highway (State Route 53) thence in a northeastwardly direction along the said arc for a distance of 5525 feet, more or less, to a point where the said arc intersects with Black Creek; thence in a northwestwardly direction along Black Creek; and across the Chattahoochee River for a distance of 2600 feet, more or less, to a point on the high-water mark on the northwest bank of the Chattahoochee River; thence north northwest along the high-water mark on the northwest bank of the Chattahoochee River for a distance of 2840 feet, more or less, to a point on the north line of Land Lot 110; thence west along the north line of Land Lot 110 for a distance of 2180 feet, more or less, to the corner of Land Lots 108, 109, 110 and 111; thence north between Land Lots 108 and 111 and between Land Lots 107 and 112 for a distance of 5280 feet, more or less, to a point on the line between J. M. Holcomb and The Chattahoochee Country Club, Inc.; thence west for a distance of 1550 feet, more or less, to a point on Ada Creek; thence in a northwestwardly direction along the said creek which is the property line between M. C. Smith and The Chattahoochee Country Club, Inc., for a distance of 960 feet, more or less, to a point; thence south southwest along the line between M. C. Smith and The Chattahoochee Country Club, Inc. for a distance of 1850 feet, more or less, to a point on the west line of Land Lot 107; thence north 2500 feet, more or less, along the west line of Land Lots 107 and 106 to a point; thence west 600 feet, more or less, to a point; thence north 1650 feet, more or less, to a point on the line between Land Lots 97 and 98; thence east 700 feet, more or less, to a point on an old dirt road; thence east northeast and southeast along the said road which is the property line for The Chattahoochee Country Club, Inc., for a distance of 5800 feet, more or less, to a point; thence north 56 degrees 23 E along the line of Tom Baughcum for a distance of 600 feet, more or less, to a point on the northeast side of Thompson Bridge Road, (Ga. State Route 136), thence

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east southeast along the northeast side of Thompson Bridge Road for a distance of 2040 feet, more or less, to a point where the said line intersects with the property line of J. B. Mundy; thence N 80 degrees 42 E along the said property line of J. B. Mundy for a distance of 590 feet, more or less, to a point on a branch; thence in a southeasterly direction along the said branch for a distance of 1268 feet, more or less, to a point on a dirt road; thence in a southwesterly direction along the said road which is the line between J. B. Mundy and Ed Dunlap, Jr., for a distance of 1200 feet, more or less, to a point at the intersection of two unpaved roads; thence east southeast along the dirt road which is the property line of J. B. Mundy for a distance of 2900 feet, more or less, to a point on the line between Land Lots 123 and 125; thence south along the line between Land Lots 123 and 125, 1800 feet, more or less, to a point on the high-water mark on the north bank of the Chattahoochee River; thence eastwardly, northerly, southeasterly and northeasterly upstream along the meanders of the high-water mark of the said north bank for a distance of 8800 feet, more or less, to a point on said high-water mark which is opposite the center of the mouth of Cry Creek and opposite a corner of a tract of land owned by G. L. Davies, et al.; thence southeasterly upstream along the meanders of the center line of the said creek which is along the boundary of the said Davies Tract 2400 feet, more or less, to a point 300 feet north of the north line of Land Lot 130; thence north 59 degrees 30 E on a line parallel to the north line of Land Lot 130, 2282 feet, more or less, to a point on the west boundary of the right-of-way of the proposed re-location of the U. S. Highway 129; thence S. 43 degrees 05 E. along said west boundary of said right-of-way 100 feet, more or less, to a point; thence S 11 degrees 45 W. 221 feet, more or less, to a point on the line between Land Lots 126 and 127; thence S 59 degrees 30 W 2234 feet more or less, along the line between said Land Lots 126 and 127 and between Land Lots 129 and 130 to a point on Cry Creek; thence along the said land lot line west southwest 100 feet, more or less, to a point which is on the contour at elevation

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1080 feet above mean sea level and at the corner of a tract of land now or formerly owned by Charles M. Hall; thence south 59 degrees 45 minutes west along the property line between Charles M. Hall and C. A. Smithgall for a distance of 349 feet, more or less, to an iron pin; thence in a southwest direction along the said boundary a distance of 174.3 feet, more or less, to an iron pin; thence in a southeastwardly direction along the boundary between C. A. Smithgall and W. C. McCarver, Jr. for a distance of 590 feet, more or less, to an iron pin; thence in a southwestwardly direction along a line parallel to the north line of Land Lot 130 for a distance of 300 feet, more or less, to an iron pin which iron pin is on the east line of Land Lot 140 and southeast 604.5 feet, more or less, from the land lot corner of Land Lots 140, 141, 129 and 130; thence south 30 degrees east along the boundary between C. A. Smithgall and Riverside Park Subdivision for a distance of 965 feet, more or less, to a point; thence south one degree and 50 west a distance of 400 feet, more or less, to a point; thence due east for a distance of 608 feet, more or less, to a point; thence due south 440 feet, more or less, to a point; thence due west 457 feet, more or less, to a point; thence north 40 degrees 14 west for a distance of 246 feet, more or less, to a point which point is on the east line of Block C of the Riverside Park Subdivision; thence due south along the east line of Block C and Block D of the said subdivision for a distance of 570 feet, more or less, to a point at the intersection of the city limits of the City of Gainesville prior to the passage of this Act which is an arc of 2 mile radius from the center of the public square of said city; thence along the said arc in an east southeastwardly direction for a distance of 8800 feet, more or less, to a point on the Pacolet Manufacturing Company land line which line is the southeast boundary line of Land Lots 124 and 132; thence in a southwestwardly direction along the Pacolet Manufacturing Company land line which is the southeast line of Land Lots 124, 132 and 138 for a distance of 5280 feet, more or less, to a point on an arc of one mile radius from the center of the public square in the City of Gainesville; thence

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in a southeastwardly direction along the said arc for a distance of 4760 feet, more or less, to a point at the intersection of the said arc with the extension of Mill Street; thence in a northeastwardly direction along the extension of Mill Street along the line of the property formerly owned by T. W. Oastler and S. P. Cronheim for a distance of 475 feet, more or less, to a point; thence south 28 degrees 58 east along the said boundary for a distance of 404.6 feet, more or less, to a point on the northwest side of the Southern Railroad right-of-way; thence in a southeasterly direction for a distance of 200 feet, more or less, to a point on the southeast boundary of the Southern Railroad right-of-way where said right-of-way intersects the property line of Ralston Purina Company; thence S 29 degrees 26 E 707 feet, more or less, to a point; thence south 23 degrees 24 W 930.2 feet, more or less, to a point; thence S 13 degrees 45 W 200 feet, more or less, to a point on U. S. Highway 129; thence N 75 degrees 40 W 150 feet, more or less, along U. S. Highway 129 to a concrete monument; thence N 77 degrees W 324 feet, more or less, along U. S. Highway 129 to a point; thence N 13 degrees E 200 feet, more or less, to a point; thence N 77 degrees W 300 feet, more or less, to a point; thence N 20 degrees E 129 feet, more or less, to a point; thence N 51 degrees 26 W 127 feet, more or less, to a point on Purina Drive; thence S 59 degrees W 250 feet, more or less, along Purina Drive to a point where the said road intersects with an arc of one mile radius from the center of the public square in the City of Gainesville; thence in a southwestwardly direction along the said arc for a distance of 6200 feet, more or less, to a point where the said arc intersects with lands of Allied Mills, Inc.; thence S 31 degrees 36 E 131 feet, more or less, along the property of Allied Mills, Inc., to a point; thence N 53 degrees 29 E 47.1 feet, more or less, to a point; thence N 54 degrees 53 E 111.8 feet, more or less, to a point on Cheek Street; thence S 34 degrees 24 E 103 feet, more or less, to a point; thence N 43 degrees E 38.8 feet, more or less, to a point; thence S 38 degrees 19 E 38.2 feet, more or less, to a point on the Gainesville Midland

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Railroad right-of-way; thence S 44 degrees 17 W 383 feet, more or less, along the Gainesville Midland Railroad right-of-way to a point on land belonging to Georgia Broilers, Inc.; thence south 40 degrees 30 minutes east for a distance of 57 feet, more or less, to a point on the Southern Railroad right-of-way; thence S 46 degrees W along the right-of-way of the Southern Railroad for a distance of 568 feet, more or less, to a point; thence N 39 degrees 33 minutes W a distance of 303 feet, more or less, to a point on the east side of Railroad Avenue; thence N 40 degrees 07 minutes E along the east side of Railroad Avenue for a distance of 426.8 feet, more or less, to a point on the property belonging to Bagwell; thence S 50 degrees 30 minutes E along the boundary between Bagwell and Georgia Broilers, Inc., for a distance of 189 feet, more or less, to a point; thence N 34 degrees E for a distance of 110 feet, more or less, to a point on the line between the Georgia Broilers, Inc. and Allied Mills, Inc.; thence along the property line of Allied Mills, Inc. N 40 degrees 30 minutes W a distance of 29 feet, more or less, to a point on lands formerly belonging to H. W. Wallis; thence N 42 degrees 43 minutes W along the said lands formerly belonging to H. W. Wallis for a distance of 50 feet, more or less; thence N 39 degrees 36 minutes E along the said boundary for a distance of 40 feet, more or less; thence N 42 degrees 43 minutes W along the said boundary for a distance of 100 feet, more or less, to a point on the east side of Railroad Avenue; thence N 39 degrees 36 Minutes E along the east side of Railroad Avenue for a distance of 165 feet, more or less, to a point where the said east side of Railroad Avenue intersects with an arc of one mile radius from the center of the public square in the City of Gainesville; thence in a westwardly direction along the said arc for a distance of 625 feet, more or less, to a point where the said arc intersects with the west side of Davis Street; thence in a southwestwardly direction along the west side of Davis Street for a distance of 340 feet, more or less, to the southwest corner of Davis Street; thence S 48 degrees 2 minutes E along the south side of Davis Street for a distance of 271 feet, more

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or less; thence along a line parallel to Railroad Avenue in a southwestwardly direction for a distance of 150 feet, more or less, to a point; thence along a line parallel to Davis Street in a southeastwardly direction for a distance of 150 feet to a pont on the northwest side of Railroad Avenue; thence S 39 degrees 5 minutes W along the northwest side of Railroad Avenue for a distance of 835 feet, more or less, to a point on Flat Creek; thence in a westwardly direction along Flat Creek for a distance of 630 feet, more or less, to a point on Dorsey Street; thence in a southeastwardly direction along the northeast side of Dorsey Street and Airport Road for a distance of 1125 feet, more or less, to a point which point is also on the property line of the City of Gainesville known as the Gainesville Municipal Airport; thence in a southeastwardly direction along the boundary between C. W. Bell and the City of Gainesville for a distance of 540 feet, more or less, to a point; thence in a northeastwardly direction along the property of the City of Gainesville for a distance of 300 feet, more or less, to a point; thence in a northwestwardly direction along the said boundary for a distance of 600 feet, more or less, to a point; which point is 100 feet, more or less, east of the center of the north-bound track of the Southern Railroad; thence in a northeastwardly direction along a line parallel to and 100 feet east of the center of the north-bound track of the Southern Railroad for a distance of 520 feet, more or less, to a point on property belonging to Pacolet Manufacturing Company, known as Gainesville Mill; thence S 33 degrees 30 minutes E along the boundary between Pacolet Manufacturing Company and the City of Gainesville for a distance of 680 feet, more or less, to a point; thence N 52 degrees 40 E along the said boundary for a distance of 630 feet, more or less, to a point; thence along the said boundary S 41 degrees 49 minutes E for a distance of 1507 feet, more or less, to a point; thence S 27 degrees 10 minutes E along the said boundary for a distance of 450 feet, more or less, to a point; thence N 81 degrees E along the said boundary for a distance of 240 feet, more or less, to a point which is 100 feet southwest of the center

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line of the Gainesville Midland Railroad; thence in a southeastwardly direction along a line parallel to the Gainesville Midland Railroad and 100 feet from the center of the track of said railroad for a distance of 1790 feet, more or less, to a point; thence in a southwesterly direction for a distance of 180 feet, more or less, to a point; thence in a southwest direction for a distance of 1160 feet, more or less, to a point on the property of the Chicopee Manufacturing Corporation of Georgia; thence along the boundary of the City of Gainesville and the Chicopee Manufacturing Corporation N 78 degrees 5 minutes W for a distance of 2610 feet, more or less, to a point; thence N 53 degrees 15 minutes W along the said boundary for a distance of 389 feet, more or less, to a point; thence S 36 degrees W along the said boundary for a distance of 1195 feet, more or less, to a point; thence N 62 degrees 18 minutes W for a distance of 820 feet, more or less, to a point; thence in a northeastwardly direction for a distance of 568 feet, more or less, to a point; thence in a northwestwardly direction for a distance of 140 feet, more or less, to a point; thence in a northeastwardly direction for a distance of 430 feet, more or less, to a point; thence in a northwestwardly direction for a distance of 682 feet, more or less, to a point on the eastern boundary of the Southern Railroad right-of-way; thence in a northeastwardly direction along a line parallel to and 100 feet east of the center of the north-bound track of the Southern Railroad for a distance of 2538 feet, more or less, to a point on the west side of Airport Road; thence in a northwestwardly direction along the west side of Airport Road and Dorsey Street for a distance of 2660 feet, more or less, to a point where the said west line of the said road or street intersects with an arc of one mile radius from the center of the public square in the City of Gainesville; thence in a northwestwardly direction along an arc of one mile radius from the center of the said public square for a distance of 820 feet, more or less, to a point where the said arc intersects a line between Lots 6 and 13 of the John B. Miller Subdivision; thence in a southeasterly direction along the line between

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Lots 6 and 13 of the said subdivision for a distance of 30 feet, more or less, to a point on the line between Lots 6 and 7 of the said subdivision; thence in a southwestwardly direction along the boundary line between Lots 6 and 7 of said subdivision for a distance of 150 feet, more or less, to a point on Highland Avenue; thence in a northwestwardly direction along Highland Avenue for a distance of 150 feet, more or less, to a point on the boundary between Lots 4 and 5 of the said subdivision; thence along the boundary between Lots 4 and 5 in a northeastwardly direction for a distance of 85 feet, more or less, to a point on an arc of one mile radius from the center of the public square in the City of Gainesville; thence in a northwestwardly direction along the said arc for a distance of 4750 feet, more or less, to a point at the intersection of the said arc with the south side of the Gainesville-Dawsonville Highway (State Route 53); thence due south for a distance of 541 feet, more or less, to a point on the Old Shallowford Road; thence S 53 degrees W 318 feet, more or less, to a point at the intersection of the Old Shallowford Road and Perry Avenue; thence N 58 degrees W 420 feet, more or less, along Perry Avenue to a point on Dorothy Drive; thence S 59 degrees W along Dorothy Drive 125 feet, more or less, to a point between Lots 42 and 43 of the Nix Heights Subdivision as shown by a plat made by H. L. Dunahoo in 1947 and recorded in Plat Book 6, pages 147 and 148 of Hall County Records; thence N 32 degrees W along the line between Lots No. 43 and 42 and Lots No. 16 and 17 and across State Route #53 on said line extended for a distance of 500 feet, more or less, to a point on the north side of the Gainesville-Dawsonville Highway (State Route No. 53); thence southwestwardly, westwardly and northwestwardly along the north side of the said high way for a distance of 6,190 feet, more or less, to the beginning point. Corporate limits. (b) The property included in the above description and excepted from the corporate limit of said city is as follows: Beginning at a point on the city limit of the City

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of Gainesville as said limit existed prior to the passage of this Act which limit is defined by an arc of a 2 mile radius from the center of the public square in the City of Gainesville, said point of beginning being where the said arc intersects with the line between Land Lots 145 and 157; thence north northeast along the said arc for a distance of 4900 feet, more or less, to a point; thence N 11 degrees 45 east 1360 feet, more or less, along the boundary between the land of Riverside Military Academy and property of Roper Slack; thence N 7 degrees 43 W for a distance of 1248.2 feet, more or less, to a rock corner; thence S 83 degrees 45 W 336 feet, more or less, to a point on Riverside Drive; thence in a north northwesterly direction along Riverside Drive for a distance of 778 feet, more or less, to a point on the U. S. Government taking line for Lake Lanier; thence north northeast along the said taking line for a distance of 300 feet, more or less, to a point; thence northwesterly along a line parallel to the center line of Riverside Drive 700 feet, more or less, to a point, which point is 1500 feet south southeast of the north line of Land Lot 141; thence west 100 feet, more or less, to a point which is 200 feet easterly of the center line of said Riverside Drive and 1450 feet south southeast of said north line of Land Lot 141; thence northwesterly along a line parallel to said center line of Riverside Drive 800 feet, more or less, to a point 700 feet south southeast of said north line of Land Lot 141; thence west 200 feet, more or less, to a point which is 600 feet south southeast of said north line and 2625 feet east northeast of the west line of said Land Lot 141; thence north northwest along a line parallel to the west line of Land Lot 141 350 feet, more or less; thence N 75 degrees W 325 feet, more or less, to a point which is 50 feet, more or less, south southeast of the aforesaid north line of Land Lot 141 and 2400 feet east northeast of the aforesaid west line of Land Lot 141; thence west southwest along a line parallel to the aforesaid north line of Land Lot 141 250 feet, more or less; thence south southeast along a line parallel to the west line of Land Lot 141 285 feet, more or less; thence west southwest along a line parallel to the aforesaid

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north line of Land Lot 141 250 feet, more or less, to a point; thence south southeast along a line parallel to the aforesaid west line of Land Lot 141 450 feet, more or less, to a point 800 feet, more or less, south southeast of the aforesaid north line of Land Lot 141; thence west southwest along a line parallel to said north line 350 feet, more or less, to a point; thence north northwest along a line parallel to said west line of Land Lot 141 550 feet, more or less, to a point 250 feet south southeast of the aforesaid north line of Land Lot 141; thence N 85 degrees W 600 feet, more or less, to a point which is 50 feet, more or less, north northwest of the south line of Land Lot 142, and 1050 feet, more or less, east northeast of the west line of aforesaid Land Lot 142, and at a corner of a fence which encloses the Georgia Power Company, Gainesville 110/44 K. V. Substation; thence N 75 degrees W along said fence 110 feet, more or less, to a corner of said fence; thence S 88 degrees W along said fence 70 feet, more or less, to a corner of said fence; thence S 75 degrees W along said fence 45 feet, more or less, to a corner of said fence; thence S 22 degrees W along said fence and a rock wall which encloses said substation 70 feet, more or less, to a point which is 125 feet, more or less, north northwest of the aforesaid south line of Land Lot 142 and at a corner of said rock wall; thence S 60 degrees W 300 feet, more or less, to a point which is 125 feet, north northwest of said south line and 500 feet east northeast of the aforesaid west line of Land Lot 142; thence south southeast along a line parallel to said west line of the aforesaid Land Lots 141 and 142 300 feet, more or less, to a point; thence west southwest along a line parallel to the north line of said Land Lot 141, 300 feet, more or less, to a point; thence south southeast along a line parallel to the aforesaid west line of Land Lot 141 350 feet, more or less, to the boundary of the land of Riverside Military Academy; thence S 60 degrees W along said boundary 200 feet, more or less, to the west line of Land Lot 141; thence south 30 degrees east along the west line of Land Lot 141 325 feet, more or less, to a point; thence south southwest along the property of W. A. Roper for a distance

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of 1150 feet, more or less, to a point on the northern boundary of the right-of-way of the present Thompson Bridge Road; thence north northwest along the said northern boundary of the right-of-way of the present Thompson Bridge Road for a distance of 2000 feet, more or less, to a point on the property line of Toy Minor; thence north northeast along the property of Toy Minor which is the north line of Land Lot 144 for a distance of 630 feet, more or less, to a point; thence north northwest along Minor's line a distance of 360 feet, more or less, to a point; thence southwest along said Minor's line for a distance of 390 feet, more or less, to a point on the Government taking line for Lake Lanier; thence along the said taking line south 25 degrees W 135 feet, more or less, to a point; thence south 58 degrees W 160 feet, more or less, to a point; thence south 15 degrees W 110 feet, more or less, and across the present Thompson Bridge Road to a point on the south side of Thompson Bridge Road; thence in a south southeastwardly direction along the southern boundary of the right-of-way of Thompson Bridge Road for a distance of 1300 feet, more or less, to a point; thence south southwest along the boundary line between Ted Higgins and H. B. Linderman for a distance of 300 feet, more or less, to a point; thence north northwest along said boundary line for a distance of 125 feet, more or less, to a point; thence south southwest along the said boundary for a distance of 940 feet, more or less, to a point on a branch; thence along the said branch in a southeasterly direction for a distance of 500 feet, more or less, to a point on the lands of J. A. Allison; thence along the boundary between Linderman and Allison in a southwestwardly direction for a distance of 1300 feet, more or less, to the property of J. H. Pinson; thence along the Pinson boundary in a southwestwardly direction for a distance of 450 feet, more or less, to a point on the U. S. Government taking line for Lake Lanier; thence south southeast along a line parallel to the west line of Land Lot 144, 450 feet, more or less, to the boundary of D. B. Roper et al.; thence west southwest along a line parallel to the south line of Land Lots 144 and 158 for a distance of 800 feet, more or less, to a

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point; thence north northwest along a line parallel to the east line of Land Lot 158, 400 feet, more or less, to a point 550 feet, more or less, north northwest of the aforesaid south line of Land Lot 158; thence S 85 degrees W 600 feet, more or less, to a point which is 1100 feet, more or less, west southwest of the east line of Land Lot 158 and 800 feet north northwest of the south line of Land Lot 158; thence south southeast along a line parallel to the east line of Land Lot 158, 650 feet, more or less, to a point; thence S 45 degrees W 280 feet, more or less, to a corner of a tract of land now or formerly owned by E. F. Houser, et al.; thence in a southeastwardly direction along the said boundary line between E. F. Houser and J. H. Pinson for a distance of 1650 feet, more or less, to a point on the east line of Land Lot 157; thence south 30 degrees E along the east line of Land Lot 157 for a distance of 200 feet, more or less, to the beginning point. Said just above described property shall remain outside the corporate limit of the City of Gainesville and said city shall have no jurisdiction over said property. Property not included. (c) Immediately upon approval of this Act by the Governor the city engineer of the City of Gainesville shall certify to the Secretary of State of the State of Georgia a map made in conformity with the foregoing description of the city limit of the City of Gainesville, which map shall be kept on file in the office of said Secretary of State. (d) Should there be any variance in the worded description of the city limit of the City of Gainesville, as hereinabove set out in Subsections (a) and (b) of this Section One and the map provided for in Subsection (c) of this Section One, just above set out, the description of the city limit as shown on said map shall prevail. Section 2. Be it further enacted by the authority aforesaid that the City of Gainesville shall have the right and privilege of eminent domain and acting through its city commission or successor governing body is authorized

Page 2860

and empowered to condemn property within its corporate limits, and also without its corporate limits anywhere in the State of Georgia, for municipal purposes. This right of condemnation shall include the right to condemn property for the purpose of erecting public buildings thereon, for providing public schools and playgrounds, for providing public recreational facilities, for providing a water plant and distributing system, for providing a sewerage disposal plant and system, for handling and disposing of garbage, trash or other refuse, for providing a generating plant for electricity and an electricity distribution system, for providing a gas plant and gas distribution system, for providing public streets and sidewalks, for providing public parking spaces and for other public purposes and improvements. The powers and authority herein granted are cumulative and shall be in addition to any other powers heretofore granted the City of Gainesville. Eminent domain. Section 3. Be it further enacted by the authority aforesaid that the City of Gainesville is hereby granted authority to operate a water plant and system both inside and outside its corporate limits, to fix the rates to be paid by the users of the water supplied by said system and to enact ordinances and pass rules and regulations governing the operation of said plant and system and the use of water therefrom. The powers and authority granted by this section are cumulative and are in addition to any authority heretofore granted the City of Gainesville. Water system. Section 4. Be it further enacted by the authority aforesaid that the City of Gainesville is hereby granted authority where property in said city has not been otherwise assessed for sewer installation or service to make a charge against such property or the owner thereof for connecting said property with the sewer system of the City of Gainesville. Such charge, if made, shall be in addition to any assessments made against said property for the payment of general obligation sewer bonds or water and sewer revenue anticipation certificates. The authority granted in this section is cumulative and shall

Page 2861

be in addition to any authority heretofore granted the City of Gainesville. Sewerage assessments. Section 5. Be it further enacted by the authority aforesaid that the City of Gainesville is hereby granted authority to provide public parking facilities and to make a charge for the use thereof sufficient to defray the expenses of acquiring, equipping, maintaining and policing the said public parking facilities. Parking facilities. Section 6. Be it further enacted by the authority aforesaid that pursuant to the provisions of Article VII, Section VII, Paragraph III, of the Constitution of Georgia the City of Gainesville be hereby authorized and empowered to create in addition to the debt of 7 per centum of the assessed value of all the taxable property in said city authorized in Article VII, Section VII, Paragraph I, of the Constitution of the State of Georgia, an additional debt, incurred at one or more times, not to exceed in the aggregate, 3 per centum of the assessed value of all the taxable property in the said City of Gainesville. Such additional debt shall be payable in equal installments within the five (5) years next succeeding the issuance of the evidences of such debt, and there shall be levied by the governing authority of said municipality prior to the issuance of such additional debt, a tax upon all of the taxable property within such municipality, collectible annually, sufficient to pay in full the principal and interest of such additional debt when as due. Such taxes shall be in addition to and separate from all other taxes levied by said municipality, and the collections from such taxes shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness. Authority to create such additional indebtedness having been authorized by this Act of the General Assembly, the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of said municipality at an election held for such purpose, pursuant to and in accordance with the provisions of the Constitution of the State of Georgia and of the then existing

Page 2862

laws for the creation of a debt by municipal corporations, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to any election held for the purpose of authorizing the additional indebtedness hereby permitted. Indebtedness. Section 7. The provisions of this Act are hereby declared severable and the invalidation of any provisions hereof shall not invalidate any other part of this Act. Section 8. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to apply to the General Assembly of Georgia which convenes January 9, 1956, for the passage of an Act to amend the charter of the City of Gainesville by defining and establishing the corporate limits of said city, granting to said city the right of eminent domain, the right to operate a water plant and system both inside and outside the corporate limits of said city, the right to make a charge for connecting to the sewer system of said city property not otherwise assessed for sewer service, the authority to provide public parking facilities, the right to create a bonded debt of 3 per cent in addition to the debt of 7 per centum of the assessed value of all the taxable property in said city, as provided in Article VII, Section VII, Paragraph III and Article VII, Section VII, Paragraph I of the Constitution of Georgia, declaring the provisions of said Act severable, repealing conflicting laws and for other purposes. This notice is given in compliance with Section 2-1915 and 47-801 of the Code of Georgia, Annotated. C. H. Martin, Jr., Mayor, City of Gainesville, Ga. Affidavit. William B. Gunter and W. M. Williams personally

Page 2863

appeared before the undersigned officer authorized to administer oaths and after being duly sworn depose and say: That the attached and foregoing Notice of Local Legislation was published in the Gainesville Morning News, the official organ for Hall County, Georgia, and the newspaper in which the sheriff's advertisements for said county are published, once a week for three (3) weeks during a period of sixty (60) days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponents who are the authors of said bill for the purpose of showing compliance with the Constitution and laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to said bill. /s/ Wm. B. Gunter. /s/ Williams of Hall. Sworn to and subscribed before me this 30 day of Jan., 1956. /s/ Paul McKelvey Polk. Approved March 6, 1956. RICHLAND EMINENT DOMAIN. No. 284 (House Bill No. 453). An Act to amend an Act creating and establishing a new charter for the City of Richland, approved August 8, 1922 (Ga. L. 1922, p. 925), so as to empower the mayor and council of the City of Richland to condemn property and exercise the right of eminent domain for the purposes of laying out and opening cemeteries and public parks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 2864

Section 1. An Act creating and establishing a new charter for the City of Richland, approved August 8, 1922 (Ga. L. 1922, p. 925), is hereby amended by adding a new section to be known as Section 34 A to read as follows: Section 34 A. The mayor and council of the Town of Richland shall have full power and authority to condemn property and exercise the right of eminent domain for the purposes of laying out and opening cemeteries and public parks as may be necessary for municipal purposes. When the mayor and council of the Town of Richland desire to exercise the power and authority to lay out and open cemeteries and public parks as provided in this section, they may do so whenever the land condemned is in the hands of an owner, trustee, executor, administrator, guardian, agent, or fiduciary, in the manner and form provided for the condemnation of property for public uses and by virtue of the Code of Georgia of 1933 and Acts amendatory thereof. Eminent domain. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Stewart County. Before me personally appeared Byron Anglin, who being duly sworn, deposes and says that as the editor and publisher of the Stewart-Webster Journal, and that the same is a public gazette published in the City of Richland, Stewart County, Georgia. It is the newspaper in which is published the sheriff sales of said County of Stewart and said State. Deponent further says that the attached notice of intention to introduce the proposed legislation in the January-February session, 1956 of the General Assembly of Georgia has been published in the Stewart-Webster Journal on the following dates: January 12, 1956, January 19, 1956, January 26, 1956. Byron Anglin.

Page 2865

Sworn to and subscribed before me, this the 27th day of January, 1956: /s/ Martha Cole Beasley, Notary Public Stewart Co., Ga. Commission expires March 1959. Notice. Georgia, Stewart County. Notice is hereby given that there will be introduced at the January-February session, 1956, of the General Assembly of Georgia, local legislation to amend an Act creating a new charter for the City of Richland, Georgia (Ga. L. 1922, pp. 925-959) by providing that the mayor and council of the Town of Richland shall have full power and authority to condemn property and exercise the right of eminent domain for the purpose of laying out and opening cemeteries; to provide that the mayor and council of the Town of Richland shall have full power and authority to condemn property and exercise the right of eminent domain for the purpose of laying out and opening public parks and for other purposes. Mayor and City Council of the Town of Richland. Approved March 6, 1956. MILLEDGEVILLE LIMITS EXTENDED. No. 285 (House Bill No. 153). An Act to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2602) so as to change the corporate limits of the City of Milledgeville; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 2866

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2602), is hereby amended by adding a new paragraph to the end of Section 3, to read as follows: In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described property shall likewise be embraced within the corporate limits of said city: Beginning at a point on the western right-of-way line of U. S. Highway No. 441, also known as Georgia Highway No. 24, said point being identified as an intersection of a line running due west by true bearings from the northerly most corner of the present city limits line of the City of Milledgeville, and said western right-of-way line of said highway, said northerly most corner of the present city limits being identified as being the common land lot corner between Land Lots 338, 339, 341 and 342 of the First Land District of Baldwin County, Georgia, and which is further marked by an iron pin as indicated on that certain plat made from a survey by Calvin W. Rice, Registered Surveyor, recorded in the office of the Clerk of the Superior Court of Baldwin County, Georgia, in Deed Book No. 29 at page 246; thence from said point of intersection and beginning due east by true bearings to a point of intersection with the eastern right-of-way boundary of Fraley's Ferry Road, which said road is also an extension of that certain street known and designated as North Jefferson Street in the City of Milledgeville; thence along the eastern right-of-way boundary of said Fraley's Ferry Road in a southerly direction to a point where said eastern right-of-way boundary line intersects with the present northwesterly city limits line of the City of Milledgeville; thence in a southwesterly direction along the present city limits line to a point where said city limits line intersects, with the western

Page 2867

right-of-way line of said Highway No. 24, also known as U. S. 441; and thence in a northwesterly direction along the western right-of-way line of said highway to the point of beginning. Description. (All true bearings as referred to coast and geodetic survey triangulation station, Milledgeville, Georgia, 1935.) Section 2. Not less than thirty nor more than fortyfive days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Baldwin County to issue the call for an election for the purpose of submitting this Act for approval or rejection to the voters of the area described hereinbefore. The ordinary shall set the date of the election for a day not less than sixty days nor more than six months after the date of the issuance of the call. Provided, however, that the date of such election shall be the same date in 1956 on which any other election is held by any other group of voters in Baldwin County for the purpose of ratifying or rejecting an Act extending the corporate limits of the City of Milledgeville. It shall be the further duty of the ordinary to make up a separate list of voters of the area described hereinbefore, and only those voters shall be allowed to vote in such election. The ordinary shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County, along with a description of the affected area described hereinbefore. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Milledgeville. Against approval of the Act extending the corporate limits of the City of Milledgeville. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote

Page 2868

for approval of the Act, it shall be the duty of the ordinary to certify such fact to the governing authority of the City of Milledgeville, and an election shall be held in said city as provided for hereinafter. If less than a majority of those persons voting in such election vote for approval of the Act, it shall be void and of no force and effect, and it shall be the duty of the ordinary to certify such results to the Secretary of State. The expense of such election shall be borne by Baldwin County. It shall be the duty of the ordinary to hold and conduct such election and it shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. In the event a majority of the persons voting in the aforesaid election vote for approval of the Act, an election shall be held in the City of Milledgeville for the purpose of submitting this Act for approval or rejection. The election and the registration of voters therefor shall be under the same provisions of law and rules and regulations as are other elections in the City of Milledgeville. The governing authority shall set the date of the election for a day not less than seventy nor more than ninety days after the date of the election held as provided for hereinbefore. It shall be the duty of the governing authority to cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in a newspaper of general circulation in the City of Milledgeville, along with a brief description of the affected area described hereinbefore. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area). Against approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area). All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for

Page 2869

approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Milledgeville. The person or persons whose duty it is to hold and conduct other elections in the City of Milledgeville shall canvass the returns and declare and certify the results of the election. The results thereof shall be certified to the ordinary, who shall, in turn, certify such results to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Baldwin County: Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia a bill to make provisions relative to extending the corporate limits of the City of Milledgeville, to provide for a referendum, and for other purposes. Joseph B. Duke, W. C. Massee. 12 22 3tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph B. Duke, who, on oath, deposes and says that he is Representative from Baldwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of said County, on the following dates: Dec. 22 and 29, 1955 and Jan. 5, 1956. /s/ Joseph B. Duke, Representative, Baldwin County.

Page 2870

Sworn to and subscribed before me this 16 day of Jan., 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal Affixed). Approved March 6, 1956. CITY COURT OF DUBLINCOMPENSATION OF JUDGE AND OF SOLICITOR. No. 286 (House Bill No. 155). An Act to amend an Act creating the City Court of Dublin approved December 6, 1900 (Ga. L. 1900, p. 117), as amended, particularly by an Act approved February 16, 1953 (Ga. L. 1953, Jan-Feb. Sess., p. 2248), so as to change the compensation of the judge and solicitor of the City Court of Dublin; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), as amended particularly by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2248), is hereby amended by striking the words thirty-six hundred in lines 5 and 7 of Section 2 on page 2249 of Georgia Laws 1953, Jan.-Feb. Sess., and inserting in lieu thereof the words five thousand, so that the salary of the judge of the City Court of Dublin shall be $5,000.00 per annum. Judge's salary. Section 2. Said Act is further amended by striking the words two hundred and fifty dollars per month in lines 5, 6, 7 and 8 of Section 3 on page 2249 of Georgia Laws 1953, Jan.-Feb. Sess., and inserting in lieu thereof

Page 2871

the words four thousand dollars per year, so that the salary of the solicitor of the City Court of Dublin shall be $4,000.00 per year. Solicitor's salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal 1582. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will introduce in the next session of the General Assembly of the State of Georgia, which will convene on the 2nd Monday in January 1956, an Act to amend an Act entitled An Act to establish the City Court in Dublin in and for the County of Laurens, and for other purposes, approved December 6, 1900, and certain Act amendatory thereof, by providing for a change in the salaries of the judge and solicitor of said city court, fixing the effective date of said Act, the repeal of all conflicting laws, and for other purposes. This 23rd Day of December 1955. Paul J. Jones, Jr., Representative, Laurens County, Georgia. (24-31-7) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will introduce in the next session of the General Assembly of the State of Georgia, which will convene on the 2nd Monday in January 1956, an Act to amend an Act entitled An Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, approved December 6, 1900, and certain Acts amendatory thereof, by providing for a change in the salaries of the judge and solicitor of said city court, fixing the effective date of said Act, the repeal of all conflicting laws, and for other purposes.

Page 2872

This 23rd day of December 1955. /s/ Paul J. Jones, Jr. Representative, Laurens County, Georgia. To be Published December 24th, December 31st, January 7th. State of Georgia, County of Laurens. I, W. H. Champion, editor of the Dublin Courier Herald, the official organ of Laurens County in which the advertisements of the sheriff's sales are published, do certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said notice having been published on December 24th, December 31st, and January 7th. This 13 day of January 1956. /s/ W. H. Champion, W. H. Champion, Editor, Dublin Courier Herald, Dublin, Georgia. Approved March 6, 1956. CARROLL COUNTYCOMPENSATION OF COMMISSIONER AND CLERK. No. 287 (House Bill No. 519). An Act to amend an Act creating the office of Commissioner of Roads and Revenue for Carroll County; providing for his election, qualifications, bond, duties and powers; providing for a clerk to the commissioner, his powers and duties, approved February 21, 1951 (Ga. L. 1951, p. 3310), so as to change the salary of the commissioner of roads and revenue and the salary of

Page 2873

the clerk to the commissioner; 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 office of Commissioner of Roads and Revenue for Carroll County; providing for his election, qualifications, bond, duties and powers; providing for a clerk to the commissioner, his powers and duties, approved February 21, 1951 (Ga. L. 1951, p. 3310), is hereby amended by striking the words and figures forty-eight hundred ($4800.00) dollars in Section 6 and inserting in lieu thereof the words and figures six thousand ($6000.00) dollars, so that said section when so amended shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be six thousand ($6000.00) dollars per annum, payable monthly, at the end of each month, and in addition thereto, he shall be allowed an expense account for traveling and keeping an automobile not to exceed twelve hundred ($1200.00) dollars per annum. Commissioner's compensation. Section 2. Said Act is further amended by striking the words and figures twenty-four hundred ($2400.00) in Section 8 and inserting in lieu thereof the words and figures thirty-six hundred ($3600.00) dollars, so that said section when so amended shall read as follows: Section 8. Be it further enacted by the authority aforesaid, that the commissioner of roads and revenue shall have authority to employ a clerk for the office of commissioner of roads and revenue at a salary not to exceed thirty-six hundred ($3600.00) dollars per annum. Said clerk shall perform any and all duties as directed by the commissioner, keep all records, countersign all warrants and checks and generally do and perform all other such clerical or other duties as may devolve upon him/her as he/she may be directed by the commissioner. Clerk's compensation.

Page 2874

Before entering upon his/her duties, he/she shall give bond in the sum of three thousand ($3000.00) dollars, conditioned for his/her faithful performance of his/her duties and payable to the Commissioner of Roads and Revenue of Carroll County. He or she shall not be vested with any judicial powers or duties and shall perform his or her duties as directed by the commissioner. Section 3. This Act shall become effective on March 1, 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Carroll: Personally appeared before me, an officer authorized by law to administer oaths, Stanley Parkman, who first being duly sworn, deposes and says on oath that he is the editor of The Carroll County Georgian, official newspaper and organ of Carroll County, Georgia, published at Carrollton, Carroll County, Georgia, and that an exact copy of the attached Notice of Intention to Apply for Local Legislation was published in said newspaper on the 19th and 26th days of January, and the 2nd day of February, 1956, as provided by law. /s/ Stanley Parkman. Sworn and subscribed to before me, this 6th day of February, 1956. /s/ O. W. Roberts, Jr. Notary Public, Georgia State at Large. My commission expires April 27, 1958. (Seal) Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January 1956 session of the General Assembly of Georgia, a bill to change the compensation of the Commissioner

Page 2875

of Roads and Revenues of Carroll County and to change the compensation of the Clerk of the Commissioner of Roads and Revenues of Carroll County; and for other purposes. This 19th day of January, 1956. J. Ebb Duncan, C. C. Perkins, Representatives, Carroll County. 1/19, 26, 2/2 Approved March 6, 1956. LAWRENCEVILLE LIMITS EXTENDED. No. 289 (House Bill No. 518). An Act to amend the Act of the General Assembly of Georgia, approved Aug. 19, 1912 (Ga. L. 1912, p. 1043, et seq.) as heretofore amended, creating a new charter for the City of Lawrenceville, Georgia, by adding additional territories to be included in the city limits of said city and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that from and after the passage of this Act that Section 3 of the Act of the General Assembly of Georgia, approved Aug. 19, 1912, creating a new charter for the City of Lawrenceville, Georgia, as the same has heretofore been amended by an Act approved Aug. 18, 1919 be, and the same is hereby amended by adding to said section at the end thereof the following: The corporate limits of said City of Lawrenceville shall also include the following described property, to wit:

Page 2876

All land within 500 feet of the center line of the New Hope Road, on each side of said road, and extending from the present city limits to a point 4,125 feet as measured along the center line of said New Hope Road, to the lands now owned by Sam Fields. Description. Also, all land within 500 feet of the center line of the Lawrenceville-Winder Highway, on each side of said road, and extending from the present city limits to a point 375 feet as measured along the center line of said Lawrenceville-Winder Highway. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of notice of intention to apply for this local legislation and the certificate of the publisher showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notices of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Georgia, Gwinnett County. In person before me, the undersigned attesting officer, duly authorized to administer oaths, appeared Marvin A. Allison, who on oath deposes and says that he is publisher of the News Herald, Lawrenceville, Ga., and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Herald, a newspaper in which the sheriff's advertisements for Gwinnett County are published on the following dates: January 18, January 25, and February 1, 1956. Notice of Proposed Legislation. Notice is hereby given that there will be introduced in the 1956 session of the General Assembly of Georgia, a bill to extend the city limits of the City of Lawrenceville.

Page 2877

The new territory to be embraced in the city limits is that area extending out and on both sides of the Lawrenceville-New Hope Public Road, and out and on both sides of the Lawrenceville-Winder paved highway. This the 17th day of January, 1956. P. V. Kelley, Member of the General Assembly. 13-3t-c. /s/ Marvin A. Allison. Sworn to and subscribed before me this 6th day of February, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed). Approved March 6, 1956. WHITESBURG POLICE COURT. No. 290 (House Bill No. 513). An Act to amend an Act creating a new charter for the Town of Whitesburg, Georgia, approved December 15, 1894 (Ga. L. 1894, p. 196), as amended, so as to increase the punishment which may be inflicted by the police court of said city not to exceed one hundred dollars ($100.00) fine and cost and labor on the streets for thirty (30) days for violation of city ordinances; 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 Town of Whitesburg, Georgia, approved December 15, 1894 (Ga. L. 1894, p. 196), as amended, is hereby amended by striking from said Act Section XII in its entirety

Page 2878

and inserting in lieu thereof a new Section XII to read as follows: Section XII. That the mayor of said town shall be the chief executive officer thereof; that he, or in his absence or disqualification for any cause, any councilman may hold a police court for the trial and punishment of anyone for any and all violations of the ordinances of said town. The punishment inflicted by said court shall not exceed one hundred dollars ($100.00) fine and costs of prosecution, imprisonment and labor on the streets, alleys, sidewalks and properties of said town not to exceed thirty (30) days, either or both, in the discretion of the mayor, and in case of failure to pay the fine and costs in the time specified in the judgment of the mayor (or presiding councilman, as the case may be) such offender shall work upon the said streets, alleys, sidewalks and properties of said town for such number of days as the sentence may provide, in lieu of payment of such fine, being confined in the jail when not so at work. In the event an offender is sentenced to a fine and imprisonment, a fi fa. may issue against the offender for the collection of said fine and may be levied and enforced as tax fi. fas. of said town are enforced. Said court shall have power to punish by fine or imprisonment, all persons guilty of contempt of said court, not exceeding ten dollars ($10.00) fine or five days imprisonment in the municipal jail. Police court. Section 2. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor of Whitesburg to issue the call for an election for the purpose of submitting this Act to the voters of Whitesburg for approval or rejection. The mayor shall set the date of the election for a day not less than twenty nor more than thirty days after the date of the issuance of the call. The mayor 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 Carroll County. The ballot shall

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have printed thereon the words: For approval of the Act to increase the jurisdiction of the police court of Whitesburg. Against approval of the Act to increase the jurisdiction of the police court of Whitesburg. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Whitesburg. It shall be the duty of the mayor to hold and conduct such election. It shall be the duty of the mayor to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given that application will be made to the 1956 session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act of the legislature approved December 15, 1894, Georgia Laws of 1894, p 196, re-incorporating a municipality under the name of The Mayor and Council of the Town of Whitesburg and other purposes by amending Section XII of said Act, to provide for the punishment of offenders and violators of the laws and ordinances of said town by infliction of fines not to exceed one hundred ($100.00) dollars, imprisonment and labor not to exceed thirty (30) days, either one or both, in the discretion of the mayor or any councilman then presiding over the police court, as provided in said Act, and for other purposes. This notice given in conformity to the direction of the

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mayor and council of said town, this 18th day of January, 1956. /s/ T. L. Sewell, Mayor of the Town of Whitesburg. Georgia, Carroll County. Personally appeared Stanley Parkman, who being duly sworn, deposes and says that he is publisher of the Carroll County Georgian, the legal gazette of Carroll County, Georgia, and that the attached copy of a notice of intention to apply to the General Assembly of Georgia for the passage of local legislation was published in the Carroll County Georgian in Carroll County Georgia, on the following dates: January 19 and 26 and February 2, 1956. This 2nd day of February, 1956. /s/ Stanley Parkman. Sworn to and subscribed before me this 2nd day of February, 1956. /s/ Mildred Lovvorn, Notary Public. (Seal Affixed). Notice of Intention to Apply for Passage of a Local Bill. Notice is hereby given that application will be made to the 1956 session of the General Assembly of Georgia for the passage of the following bill: An Act to amend an Act of the legislature approved December 15, 1894, Georgia Laws of 1894, p. 196, re-incorporating a municipality under the name of The Mayor and Council of the Town of Whitesburg and other purposes of amending section XII of said Act, to provide for the punishment of offenders and violators of the law and ordinances of said town by infliction of fines not to exceed one hundred ($100.00) dollars, imprisonment and labor not to exceed (30) days, either one or both, in the

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discretion of the mayor or any councilman then presiding over the police court, as provided in said Act, and for other purposes. This notice given in conformity to the direction of the mayor and council of said town, this 18th day of January, 1956. T. L. Sewell, Mayor of the Town of Whitesburg. 1/19, 26, 2/2. Georgia, Carroll County. Personally appeared Stanley Parkman, who being duly sworn, deposes and says that he is publisher of the Carroll County Georgian, the legal gazette of Carroll County, Georgia, and that the attached copy of a notice of intention to apply to the General Assembly of Georgia for the passage of local legislation was published in the Carroll County Georgian in Carroll County, Georgia, on the following dates: January 19 and 26 and February 2, 1956. This 2nd day of February, 1956. /s/ Stanley Parkman. Sworn to and subscribed before me this 2nd day of February, 1956. /s/ Mildred Lovvorn. Notary Public (Seal Affixed). Approved March 6, 1956. LONG COUNTY ORDINARY'S COMPENSATION. No. 291 (House Bill No. 515). An Act to amend an Act entitled An Act to provide that the Ordinary of Long County shall receive $50.00

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per month in addition to fees; to repeal conflicting laws; and for other purposes, approved February 12, 1951 (Ga. L. 1951, p. 2325), so as to provide that the governing authority of Long County may supplement the fee of the ordinary up to $100.00 per month, or any part thereof; to provide a procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide that the Ordinary of Long County shall receive $50.00 per month in addition to fees; to repeal conflicting laws; and for other purposes, approved February 12, 1951 (Ga. L. 1951, p. 2325), is hereby amended by striking Section 1 and in lieu thereof inserting the following: Section 1. The governing authority of Long County is hereby authorized to supplement the fees of the Ordinary of Long County. The governing authority of Long County may at any time increase the supplement herein, up to a maximum of $100.00, or decrease the same to any amount by a majority vote at any regular meeting of the governing authority of Long County. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that application will be made at the present session of the General Assembly of Georgia for the passage of a bill amending an Act of the General Assembly of Georgia approved February 12, 1951 (Ga. L. 1951, pp. 2325, 2326 and 2327), so as to increase the salary of the Ordinary of said Long County, Georgia.

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This January 12, 1956. George W. Hendrix, Representative, Long County, Georgia. 1-20-3t. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George W. Hendrix, who, on oath, deposes and says that he is Representative from Long County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News, which is the official organ of said county, on the following dates: January 20 and 27th and February 3, 1956. /s/ George W. Hendrix, Representative, Long County. Sworn to and subscribed before me this 6 day of Feb. 1956. /s/ Lewis Thornton, Notary Public Fulton Co. Ga. My com. expires 9-22-1957. (Seal Affixed). Approved March 6, 1956. MACONANTI-TUBERCULAR SANATARIUM. No. 292 (House Bill No. 612). An Act to amend an Act approved August 9, 1929 entitled: An Act to amend an Act re-enacting the charter of the City of Macon approved August 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County, and known as Hopewell Sanatarium and now operated by

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the Anti-Tuberculosis Commission in and for the City of Macon and County of Bibb, to provide for the support and maintenance of said Macon Hospital, including such anti-tubercular sanatarium by the City of Macon and County of Bibb; and for other purposes; said described Act appearing on pp. 1180 et seq. of the published Acts of the General Assembly of Georgia of 1929, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to repeal section 3 of said Act of 1929 relating to tax levy for support of the hospital and sanatarium; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 9, 1929, entitled: An Act to amend an Act re-enacting the charter of the City of Macon approved August 3, 1927, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatarium located in Bibb County, and known as Hopewell Sanatarium and now operated by the Anti-Tuberculosis Commission in and for the City of Macon and County of Bibb; to provide for the support and maintenance of said Macon Hospital, including such anti-tubercular sanatarium by the City of Macon and County of Bibb; and for other purposes, said described Act appearing on pp. 1180 et seq. of the published Acts of the General Assembly of Georgia of 1929, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts, be and the same are hereby further amended by repealing Section 3 of said Act of 1929 as amended relating to tax levy for the support of the hospital and sanatarium. Sec. 8. Act of 1929, amended. Sec. 3 Act of 1929, amended. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed.

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Georgia, Fulton County. Personally appeared before the undersigned attesting officer, J. Douglas Carlisle, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for three consecutive weeks, to wit: on January 14, 21 and 28, 1956, during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georgia, and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ J. Douglas Carlisle. J. Douglas Carlisle. Sworn to and subscribed before me, this 9 day of February, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1956 session of the General Assembly which convened on Monday, January 9, 1956: 1. An Act to repeal Section 3 of an Act approved August 9, 1929, entitled: An Act to amend an Act reenacting the charter of the City of Macon, approved August 3, 1928, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatorium located in Bibb County and known as Hopewell Sanatorium and now operated by the

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Anti-Tuberculosis Commission in and for the City of Macon and County of Bibb, to provide for the support and maintenance of said Macon Hospital, including such antitubercular sanatorium by the City of Macon and County of Bibb; and for other purposes; relating to tax levy for support of the hospital and sanatorium. 2. An Act to amend Section 114 of the charter of the City of Macon as amended by adding a subsection to be known as Subsection (j) requiring the Macon Hospital Commission to submit to the Mayor and Council of the City of Macon annually on the 1st of September a proposed budget for the next succeeding calendar year. A. An Act or Acts to authorize the inclusion of certain of the officers and employees of the City of Macon within the coverage of the Federal Social Security System, to make contract commitments in connection therewith, and to make contributions and payments in connection therewith, including assurance fund payments and payments incident to securing past service credits. 4. An Act or Acts repealing, enacting and re-enacting laws or parts of laws, including pension laws, to accomplish the object set forth in the Act or Acts described in the preceding paragraph. 5. An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of Washington Avenue in said city and to authorize said city to close, vacate and abandon the portion of Washington Avenue involved. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. C. Cloud Morgan, City Attorney. Approved March 6, 1956.

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CITY COURT OF JEFFERSONCOMPENSATION OF JUDGE AND OF SOLICITOR. No. 294 (House Bill No. 480). An Act to amend an Act entitled An Act to establish the City Court of Jefferson, in the City of Jefferson, in and for the County of Jackson; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleadings and practice and new trial therein and writs of error therefrom, and for other purposes, approved July 16, 1903 (Ga. L. 1903, p. 138), as amended, so as to fix salaries of the judge and of the solicitor of the City Court of Jefferson at three thousand dollars and two thousand dollars respectively; to provide the time and manner of paying said salaries; to provide an effective date; to provide for severability; to provide for a referendum; 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 establish the City Court of Jefferson, in the City of Jefferson, in and for the County of Jackson; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and to define their powers and duties; to provide for pleadings and practice and new trial therein and writs of error therefrom, and for other purposes, approved July 16, 1903 (Ga. L. 1903, p. 138), is hereby amended by fixing the salary of the judge of said court at three thousand dollars ($3,000.00) per annum, and the salary of the solicitor of said court at two thousand dollars ($2,000.00) per annum, both said salaries to be paid in equal monthly installments out of the treasury of Jackson County, and the salaries herein fixed shall be expenses of said court. Salaries Section 2. In the event this Act is approved in the referendum provided for hereinafter, the effective date

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of the salary increases provided and fixed in this Act shall be January 1, 1957. Section 3. If any section, or part, sentence or phrase, hereof may be considered and declared invalid or unconstitutional, the remaining sections, or parts, sentences or phrases, hereof shall remain of full force. Section 4. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of Jackson County to submit this Act at the next State primary election in September, 1956, to the voters of Jackson County for approval or rejection. The governing authority shall cause this Act to be published once a week for three weeks immediately preceding the date of said election in The Jackson Herald, official organ of Jackson County, and in The Commerce News of Commerce, Georgia. The ballot shall have printed thereon the words: For approval of the Act increasing the salaries of the judge and solicitor of the City Court of Jefferson. Against approval of the Act increasing the salaries of the judge and solicitor of the City Court of Jefferson. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Jackson County. It shall be the duty of the governing authority to hold and conduct such election. It shall be the duty of the governing authority to canvass the returns and declare and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Proposed Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia during the January session, 1956, a bill to amend the Act approved July 16th, 1903, Georgia Laws 1903, pages 138 to 148 inclusive, creating the City Court of Jefferson, and Acts amendatory thereto, to provide for compensation of the judge and solicitor of said court; to provide time and manner of payment of said compensation; and for other purposes. Georgia, Jackson County. Personally appeared before the undersigned attesting officer, the undersigned affiant who on oath says that affiant is publisher of The Jackson Herald, a newspaper published in Jefferson, Jackson County, Georgia, being of general circulation and being the official gazette of Jackson County and in which the sheriff's advertisements are published, who certifies on oath that legal notice, a true copy of which is hereto attached, being notice of intention to apply for local legislation, was duly published once a week for three weeks as required by law; the said dates of publication being Jan. 5-12 19, 1956. /s/ Tom Williams, Publisher, Affiant. Sworn to and subscribed before me, this 20th day of January, 1956. /s/ Billy N. Elder, C. S. C. J. C. (Notarial Seal) Approved March 6, 1956.

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MERIWETHER COUNTYCOMMISSIONERS' COMPENSATION. No. 295 (House Bill No. 533). An Act to amend an Act entitled An Act to provide for the compensation of the chairman and members of the Board of Commissioners of Meriwether County; and for other purposes, approved February 25, 1949 (Ga. L. 1949, p. 1947) so as to change the compensation of the chairman and the members of the board of Commissioners of Meriwether County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the compensation of the chairman and members of the Board of Commissioners of Meriwether County; and for other purposes, is hereby amended by striking from Section 1 the figure $50.00 and in lieu thereof inserting the figure $150.00, so that Section 1 as so amended shall read: Section 1. That from and after the passage of this Act the compensation of the chairman of the Board of Commissioners of Meriwether County shall be $150.00 per month. Chairman. Section 2. Said Act is further amended by striking from Section 2 the figure $35.00 and in lieu thereof the figure $75.00, so that Section 2 as so amended shall read: Section 2. That from and after the passage of this Act the compensation of the members, other than the chairman, of the Board of Commissioners of Meriwether County shall be $75.00 per month. Members. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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Legal Notice. Notice is hereby given that a bill will be introduced in the General Assembly of Georgia to increase the compensation of the members and the chairman of the Board of Commissioners of Roads and Revenues of Meriwether County. (1-13, 20, 27) Georgia, Fulton County. Personaly appeared before me, the undersigned authority, duly authorized to administer oaths, Guy W. Hardaway, who, on oath, deposes and says that he is Representative from Meriwether County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator, which is the the official organ of said County, on the following dates: Jan. 20, 1956; Jan. 27, 1956; Feb. 3, 1956. /s/ Guy W. Hardaway, Representative, Meriwether County. Sworn to and subscribed before me, this 7 day of February, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 6, 1956. RICHMOND COUNTY BOARD OF EDUCATION. No. 296 (House Bill No. 385). An Act to amend an Act entitled, An Act to amend an Act entitled An Act to provide for the continued

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existence of the public school system of the County of Richmond in accordance with Section X of Article VIII of the Constitution of the State of Georgia and for its management and control as provided in an Act entitled An Act to regulate public instruction in the County of Richmond, approved August 23, 1872, pages 456-463, as amended by this Act; to repeal all Acts hitherto passed amendatory of or supplemental to said Act approved August 23, 1872; to amend said Act approved August 23, 1872; so as to provide for the management and control of such public school system as a single district; for the election, terms of office, organization, powers, compensation and duties of the board of education; for the method of making appropriations and the levying and collection of taxes for the support of such public school system, for the appointment, powers and duties of a superintendent of schools; for the operation of the schools according to an annual budget, for the tenure and compensation of teachers; for the creating of debts and for other purposes; so as to provide for representation on the County Board of Education of Richmond County, from the eighth ward of The City Council of Augusta, and to provide further for the appointment and election of said member to said board; to provide the qualifications and compensation of such member; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that the Act approved February 25, 1949, and all Acts amendatory thereof, is hereby amended by providing that there shall be a member on said county board of education from the Eighth Ward of The City Council of Augusta. Said member shall have the same qualifications as other members of said board, and shall be paid the same compensation as a member of said board as are other members. Member from Eighth Ward. The member from the Eighth Ward of The City Council

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of Augusta, provided for by this Act shall be named to the said board by the members of the county board of education, and said member so appointed by said county board of education shall hold his office until his successor is elected and qualified as hereinafter provided. That at the general election to be held on the first Tuesday in November, 1956, there shall be elected a member from the Eighth Ward of The City Council of Augusta, whose term of office shall be for a period of four years, to begin on the first day of January, 1957, and shall expire on the thirty-first day of December, 1960. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Notice of publication. A copy of the notice of intention to apply for this local legislation and affidavit of its authors to the effect that said notice has been published as required by law are attached hereto and made a part of this Act, and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution relating to the notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Personally appeared before me the undersigned officer, duly authorized to administer oaths, W. W. Holley, Carl E. Sanders and R. Lee Chambers, III, who, on oath depose and say that the following notice was published in the Augusta Herald, the official gazette for sheriff's advertisements of Richmond County, on December 7th, 14th, and 21st, 1955. /s/ Carl E. Sanders. /s/ W. W. Holley. /s/ R. Lee Chambers.

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Sworn to and subscribed before me, this 30th day of January, 1956. /s/ John W. Sognier, Notary Public Chatham County, Ga. Affidavit of Publication. Attorney or agency: Frank H. Pierce. Business: Attorney-at-Law. State of Georgia, Richmond County. Personally appeared, J. E. Webb, who being duly sworn says that he is an officer of Southeastern Newspapers, Inc., publishers of The Augusta Herald a daily newspaper in Augusta, in said State and county, and that the advertisement attached Legal Notices. Notice. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia local legislation to provide for representation of the county board of education from the Eighth (8th) Ward from the City Council of Augusta. This 6th day of December, 1955. Franklin H. Pierce, Attorney for the Board of Education of Richmond County, Georgia. Dec. 7, 14, 21 duly appeared in said newspaper on the following dates to wit: December-7-14-21-1955. /s/ J. E. Webb, Asst. Treas.

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Sworn to and subscribed before me, this 27th day of January, 1956. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. My commission expires July 13, 1959. (Seal) Approved March 6, 1956. SPALDING COUNTYAGRICULTURAL AGENT AND HOME DEMONSTRATION AGENT. No. 297 (House Bill No. 524). An Act to provide that the Board of Commissioners of Roads and Revenues of Spalding County shall be the agency to cooperate with the Georgia Agricultural Extension Service in the employment of the county agricultural agent and the county home demonstration agent; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Effective July 1, 1956, the authority to cooperate with the Georgia Agricultural Extension Service, relative to the employment of the County Agricultural Agent and the County Home Demonstration Agent of Spalding County, shall be vested in the Board of Commissioners of Roads and Revenues of Spalding County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur K. Bolton and Frank P. Lindsey, Jr., who, on oath, depose

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and say that they are Representatives from Spalding County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: January 21, January 23 and January 30, 1956. /s/ Arthur K. Bolton, /s/ F. P. Lindsey, Jr., Representatives, Spalding County. Sworn to and subscribed before me, this 6th day of February, 1956. /s/ William R. Killian, Notary Public, Glynn County, Georgia. Legal10426. Notice of Intent to Apply for Local Legislation. Notice is hereby given that an Act will be introduced at the January-February, 1956, session of the General Assembly of Georgia, to provide that the authority to cooperate with the Georgia Agricultural Extension Service, in the employment of the County Agent, and Home Demonstration Agent, of Spalding County, shall be vested in the commission of Roads and Revenue of Spalding County, and for other purposes. This the 20th day of January, 1956. Arthur K. Bolton, Frank P. Lindsey, Jr., Representatives of Spalding County. Approved March 6, 1956.

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WHEELER COUNTYTREASURER'S BOND. No. 298 (House Bill No. 498). An Act to amend an Act creating the offices of Tax Collector, Tax Receiver and County Treasurer, of the County of Wheeler, approved July 19, 1927 (Ga. L. 1927, p. 731), as amended, particularly by an Act approved March 23, 1933 (Ga. L. 1933, p. 756) so as to reduce the county treasurer's bond; to increase the county treasurer's salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the offices of Tax Collector, Tax Receiver and County Treasurer, of the County of Wheeler, approved July 19, 1927 (Ga. L. 1927, p. 731), as amended, particularly by an Act approved March 23, 1933 (Ga. L. 1933, p. 756), is hereby amended by striking Section 10 of said Act in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. Be it further enacted by the authority aforesaid, that said county treasurer, before entering upon the duties of said office, must take and subscribe the oath of office now prescribed by law for county treasurers in this State, and at the same time give bond in a surety company or bonding company authorized to do business in this State, in the penal sum of ten thousand ($10,000.00) dollars; and the premiums on said bond shall be paid by the commissioner of roads and revenues of said county. In the event that the balance of funds on deposit with the county treasurer shall exceed ten thousand ($10,000.00) dollars, said commissioner shall require the county treasurer to give additional bond as aforesaid in an amount equal to the excess above ten thousand ($10,000.00) dollars, and if afterwards the balance decreases to an amount less than ten thousand ($10,000.00) dollars, the said bond shall be reduced back

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to ten thousand ($10,000.00) dollars, so that the provisions of this section shall require the treasurer's bond to fluctuate so as to be at least equal at all times to the balance on deposit by said treasurer but at no time to be less than ten thousand ($10,000.00) dollars. The county treasurer shall receive a salary of fifty ($50.00) dollars per month for his services which shall be paid monthly upon the warrant drawn by said commissioner of roads and revenue of said county and said commissioner shall furnish the treasurer's office with well bound books and all other equipment, furniture and fixtures that may be necessary in the proper administration of said office. Bond. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that a bill will be introduced at the January session, 1956, of the General Assembly of Georgia to increase the salary of the Treasurer of Wheeler County, and to reduce his bond. This the 14th day of January, 1956. 40-3t. C. M. Jordan. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. M. Jordan, who, on oath, deposes and says that he is Representative from Wheeler County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wheeler County Eagle, which is the official organ of said County, on the following dates: Jan. 19, 26 and Feb. 2, 1956. /s/ C. M. Jordan, Representative, Wheeler County.

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Sworn to and subscribed before me, this 6 day of Feb., 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal Affixed) Approved March 6, 1956. CHATTOOGA COUNTY COMMISSIONER. No. 299 (House Bill No. 414). An Act to repeal an Act creating a Board of Commissioners of Roads and Revenues of Chattooga County, approved March 18, 1933 (Ga. L. 1933, p. 439), as amended, such repeal to become effective December 31, 1956, and the board created by such Act to stand abolished at such time; to create effective January 1, 1957, the office of Commissioner of Roads and Revenues of Chattooga County with the first such commissioner to be elected in 1956 to take office January 1, 1957; to provide for term of office; to provide for elections; to provide for qualifications; to provide for oath; to provide for filling vacancies; to provide for compensation; to provide for a clerk, his compensation and duties; to provide for a warden, his compensation and duties; to provide for a bonds; to place certain restrictions upon the purchasing of goods for the county and the sale of goods of the county; to provide for sales and purchases by competitive sealed bids; to provide for an inventory relative to property and supplies of the county public works camp; to provide for penalties; to provide for powers and duties; to provide for audits; to provide for a referendum; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Effective December 31, 1956, an Act creating a Board of Commissioners of Roads and Revenues of Chattooga County, approved March 18, 1933 (Ga. L. 1933, p. 439), as amended, shall stand repealed in its entirety, and the board created by such Act, as amended, shall be abolished at the end of such date. Board abolished. Section 2. Effective January 1, 1957, there is hereby created the office of Commissioner of Roads and Revenues of Chattooga County. Although such office shall not come into existence until the aforesaid date, the first commissioner shall be elected in 1956, as hereinafter provided. The first commissioner shall be elected at the same time members of the General Assembly are elected 1956 and shall take office January 1, 1957, for a term of four years and until his successor is elected and qualified. Each successor shall be elected at the same time county officers of Chattooga County are elected, and shall be elected for a term of four years and until his successor is elected and qualified. Commissioner. Section 3. Any person, in order to be eligible to serve as commissioner, must be at least 21 years of age and be qualified and registered in Chattooga County to vote for members of the General Assembly. Before entering upon his duties, the commissioner shall take an oath to faithfully perform his duties under this Act and the Constitution and laws of the State of Georgia, which oath shall be administered by the Ordinary of Chattooga County. Qualifications. Section 4. In the event a vacancy occurs in the office of commissioner for any reason other than the expiration of the commissioner's term of office, the Ordinary of Chattooga County shall appoint a person to serve as commissioner until a person is elected at a special election as hereinafter provided. It shall be the duty of the ordinary to issue the call for a special election not more than twenty (20) days after the date such vacancy occurs,

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and such election must be held on the day not less than twenty (20) nor more than thirty (30) days from the date of the issuance of the call. The date and purpose of the election shall be published in the official organ of the county once a week for two (2) weeks immediately preceding the date of the election. The ordinary shall hold and conduct such election. He shall also declare and certify the results of such election. The person elected at such election shall serve for the unexpired term. Provided, however, if such vacancy occurs within a period of not more than six (6) months prior to the date of the election at which a successor to the commissioner is to be elected, the ordinary shall appoint a person to serve for the remainder of the unexpired term. Vacancies. Section 5. The commissioner shall be compensated in the amount of $7,200.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County, and the commissioner shall devote his full time to the duties of his office. He shall also be reimbursed for his actual expenses incurred in connection with the performance of his duties outside Chattooga County, which shall include reimbursement for expenses incurred in attendance upon meetings of the County Commissioners Association. Compensation. Section 6. The commissioner is hereby authorized to employ a clerk and fix the compensation therefor, but not to exceed the sum of $3,000.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County. It shall be the duty of the clerk to keep the minutes and records of all proceedings of the commissioner, to keep the books of the county, and to discharge such other duties as the commissioner may prescribe. Clerk. Section 7. The commissioner is hereby authorized to employ a warden of the county public works camp and fix the compensation therefor, but not to exceed the sum of $5,400.00 per annum, to be paid in equal monthly installments from the funds of Chattooga County. The warden shall devote his full time to the duties of his office. Warden of works camp.

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Section 8. Before entering upon the discharge of his duties, the commissioner shall give bond in the sum of $25,000.00 with a surety company authorized to do business in Georgia, as surety, which bond shall be payable to the Ordinary of Chattooga County for the use of Chattooga County. Such bond shall be conditioned for the satisfactory and faithful performance of the duties of his office and for a true accounting of all monies and effects of said county coming into his custody, possession or control. Such bond shall be filed in the office of the ordinary and shall be recorded upon his minutes. The premiums on such bond shall be paid from the funds of Chattooga County. Bond. Section 9. It shall be unlawful for the commissioner or the clerk or the warden or any firm, partnership, association, or corporation in which either of such persons is a partner or a stockholder to sell directly to the county, any goods or supplies or other material or to purchase anything from the county. Purchases. Section 10. It shall be unlawful for the commissioner or the clerk or the warden, or any person related to either of them within the first degree according to the canon law, or any firm, partnership, association or corporation in which any of such persons or such relations is an officer or employee, to buy from or sell to Chattooga County any goods or services of any kind whatsoever. Purchases. Section 11. It shall be unlawful for the commissioner to sell any county property, real or personal, which may lawfully be sold, except by competitive sealed bids, after advertisement for such bids in the official organ of Chattooga County once a week for the three (3) weeks immediately preceding the date on which such bids must be submitted. Such advertisements shall give a complete description of the property being offered for sale. Such advertisements shall be given to the official organ by the commissioner, and shall be paid for from the funds of Chattooga County. The highest of such bids submitted must be accepted. A file of all bids received shall be

Page 2903

retained for a period of two (2) years by the clerk, and shall be open to public inspection at any time within such two-year period. Sale of county property. Section 12. All purchases in excess of fifty dollars ($50.00), including but not limited to, supplies, materials, equipment, road machinery, food and clothing, shall be made upon a sealed competitive bid, and to this end it shall be the duty of the said commissioner to prepare quarterly an estimate of the county's needs and requirements covering the next quarter and to have such estimate published in the official organ of the county, for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened, and thereafter filed for two years in the office of the commissioner for public inspection. Said supplies, material, equipment, road machinery, food, clothing, and other items shall be purchased from said lowest bidder, except, that the commissioner is hereby authorized in the exercise of his discretion to reject even the lowest of such bids if it is determined that such lowest bid is too high above the price paid for the same or similar items in surrounding counties. Provided, that if, because of any loss, accident, emergency or cause not foreseen before the same arises, said county shall need to repair any road equipment or trucks, not at any time exceeding in cost two hundred fifty ($250.00) dollars, per truck, and one thousand ($1,000.00) dollars for heavy road equipment, the same may be repaired without advertising for bids for furnishing the same, but in every case, upon approval of the commissioner. Bids. Section 13. It shall be the duty of the commissioner to maintain an accurate running table of all property, material, supplies and equipment of the Chattooga County

Page 2904

Public Works Camp, by an inventory itemizing losses of property and the sale and purchases of all property, and the same shall be taken by a designated county employee or by the clerk or by the commissioner, and the commissioner shall submit a copy of the inventory each year to the first meeting of the grand jury; provided that the initial inventory shall be made by the commissioner by April 15, 1957. It shall be the duty of the commissioner to have an annual audit made of all receipts and disbursements of and the financial condition of the office of commissioner, by an independent auditing firm, a certified copy of which audit shall be presented annually to the first grand jury convening after said audit, and a summary of said audit report shall be published immediately after the end of the term of such grand jury in the official organ of Chattooga County. Inventory. Audit. Section 14. Any commissioner or any clerk or warden who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor. Section 15. The commissioner shall have and exercise all the powers which were vested by law in the judges of the inferior courts and the ordinaries when sitting for county purposes, and is hereby expressly given complete power, authority and control relative to county matters of Chattooga County, which shall include the power and authority to do all things and perform all acts which are necessary and essential to carry on the affairs of Chattooga County. The commissioner is, likewise, hereby given the powers and authority which have heretofore been vested in the board of commissioners abolished herein. Commissioner's powers. Section 16. It shall be the duty of the Ordinary of Chattooga County to issue the call for an election for the purpose of submitting this Act to the voters of Chattooga County for approval or rejection. The call shall be issued at least thirty (30) days prior to the date of the election, and the date of the election shall be the

Page 2905

same date in 1956 as that provided for the State Democratic Primary for the election of nominees for members of the General Assembly from Chattooga County. The ordinary shall cause the date and purpose of the election to be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Chattooga County. The ballot shall have printed thereon the words: For approval of the Act creating the one-man office of Commissioner of Roads and Revenues of Chattooga County. Against approval of the Act creating the one-man office of Commissioner of Roads and Revenues of Chattooga County. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Chattooga County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chattooga County. Legal Notice. To whom it may concern: Notice is hereby given of intention to apply to the General Assembly of Georgia which convenes January, 1956, for the passage of local legislation to repeal the original act creating the Board of Commissioners of Roads and Revenues of Chattooga County approved March 18, 1933 (Ga. L. 1933, p. 439) and all amendatory Acts thereto;

Page 2906

to enact legislation creating the office of Commissioner of Roads and Revenues of Chattooga County, to provide for an election by the voters of Chattooga County to approve or disapprove the act creating the office of commissioner of roads and revenues. Date January 7, 1956. Paul B. Weems, James H. Floyd. Jan. 26. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul B. Weems and James H. Floyd, who, on oath, deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said County, on the following dates: Jan. 12; 19; 26; 1956. /s/ Paul B. Weems, /s/ James H. Floyd, Representatives of Chattooga County. Sworn to and subscribed before me this 30 day of January 1956. /s/ Evelyn V. Martin, Notary Public. Notary Public, Georgia State at Large. My commission expires Oct. 2, 1957. (Seal). Approved March 6, 1956.

Page 2907

CONYERS CORPORATE LIMITS. No. 300 (House Bill No. 602). An Act to change the corporate limits of the City of Conyers; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following described property is hereby removed from that area described as the corporate limits of the City of Conyers, and from and after the effective date of this Act, such property shall no longer be a part of the City of Conyers: All that tract or parcel of land lying and being in Land Lot 256 of the 16th District of Rockdale County, City of Conyers, Georgia, and more particularly described as follows: Beginning at a point on the west side of Hutson Street (Street leading off of New State Highway No. 12 through V. F. W. Property to Needmore Street) at iron pin corner 145 feet north 1 degree 30 minutes west from corner of property of Ben Aiken and Brisendine; thence north 1 degree 30 minutes west along the west side of Hutson Street (Street leading off of New State Highway No. 12 through V.F.W. Property) 248.8 feet to an iron pin and other property of V.F.W. Post No. 5290; thence north 89 degrees 05 minutes east along other property of V.F.W. Post No. 5290 241.4 feet to iron pin corner; thence south 55 degrees east along other property of V.F.W. Post No. 5290,248.7 feet to iron pin corner; thence south 89 degrees 05 minutes west along other property of V.F.W. Post No. 5290, 242.5 feet to iron pin and point of beginning. Territory excluded. The above described tract being the same property as shown on plat of property of Post No. 5290 of V.F.W., located in Land Lot No. 266 of the 16th District of Rockdale

Page 2908

County, Georgia, as prepared by A. W. Courtney, Registered Land Surveyor No. 694 on January 26, 1956, as appears of record in Plat Book A, Page 87, Clerk's Office, Rockdale County, Georgia, and said plat is by reference incorporated and made part of the description of the above described tract. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notices. Notice of Intention to Introduce Local Legislation. To whom it may concern: Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to change the corporate limits of the City of Conyers, and for other purposes. This 19th day of January, 1956. Wm. T. Dean, Representative of Rockdale County, Georgia. Georgia, Rockdale County. I, W. Thomas Hay, do hereby certify that I am the editor of the Rockdale Citizen, and that the above notice was published in said paper, the same being the public gazette of said county, in three separate editions of said newspaper, to wit: January 19, 1956, January 24, 1956, and Febraury 2, 1956. /s/ W. Thomas Hay, Editor. Sworn to and subscribed before me this 9th day of February, 1956. /s/ Anne Cowan, Notary Public. (Seal). Approved March 6, 1956.

Page 2909

LAW BOOKS TO ORDINARY OF RANDOLPH COUNTY. No. 70 (House Resolution No. 237). A Resolution. To provide the Court of Ordinary of Randolph County certain enumerated law books. Whereas, certain volumes of the Georgia Reports and Georgia Appeals Reports belonging to Randolph County have been lost or destroyed; and Whereas, such books so lost or destroyed are necessary for the Court of Ordinary of Randolph County to transact its business and that of the State: Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be and is hereby requested to furnish to the Ordinary of Randolph County, without cost, the following volumes to wit: Georgia Reports Volumes, 7, 8, 9, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 31, 32, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 46, 47, 48, 49, 50, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 65, 73, 92, 94, 127, 135, 146, 148, 150, 204, 202, 207, 208, 209 and Georgia Appeals Reports Volumes 2, 3, 24, 28, 33, 38, 39, 52, 61, 65, and 66. Be it further resolved that if for any reason the State Librarian can not furnish the volumes specified, the Governor is hereby requested to draw his warrant upon the State Treasurer for the amount required for the same on any unappropriated funds in the State treasury, provided said funds are available from any unappropriated funds. Approved March 6, 1956.

Page 2910

COMPENSATION TO J. D. WALKER. No. 75 (House Bill No. 92-261f). A Resolution. To compensate J. D. Walker for damages sustained in an accident on State Highway No. 42 and for other purposes. Whereas, on November 24, 1954, J. D. Walker was severely injured and his automobile extensively damaged in a collision on State Highway No. 42 just south of Stockbridge in Henry County, Georgia; and Whereas, at said time and place employees of the State Highway Department were working with equipment on said highway at a point north of the crest of a hill, and had caused traffic proceeding north along said highway to be stopped; and Whereas, said J. D. Walker was traveling north on said highway and could not see that traffic was thus stopped as he proceeded over the crest of said hill until too late to avoid colliding with a truck which was the last vehicle thus stopped; and Whereas, the State Highway Department and its employees had failed to place along the highway to the south of said point adequate signs or flagman to warn the drivers of approaching vehicles of the dangers existing on account of said work and the obstruction of said highway; and Whereas, said collision did not occur through the negligence of said J. D. Walker; and Whereas, said J. D. Walker has been put to the expense of paying numerous doctor's bills, hospital bills, medical bills and repair bills as a result of said collision, and has been seriously and permanently injured;

Page 2911

and it is just and proper that he be compensated therefor; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the Georgia State Highway Department is hereby ordered and directed to pay to J. D. Walker of McDonough, Georgia, the sum of twenty-four hundred dollars ($2400.00) as compensation as above set out. Said sum shall be paid by the State Highway Department from funds appropriated to or available to said department. Approved March 6, 1956. COMPENSATION TO LEON LEWIS. No. 76 (House Bill No. 58-163g). A Resolution. To compensate Leon Lewis for damages to his farm machinery; and for other purposes. Whereas, on October 26, 1955, while combining a field of serecia lespedeza which was over waist high, a combine owned by Mr. Leon Lewis of Cartersville, Georgia, struck a large boulder which was concealed by the lespedeza causing damage to the combine; and Whereas, the field wherein the boulder was located was adjacent to State Route # 3, between Cartersville, Georgia and Emerson, Georgia, in Bartow County; and Whereas, it is shown that the boulder came from the fill material used in constructing the above highway; and Whereas, said combine was damaged in the sum of $146.76; and

Page 2912

Whereas, Mr. Leon Lewis was required to rent a replacement combine for a rental of $100.00; and Whereas, the damages were caused by the boulder that came from the fill used for the above roadway; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Leon Lewis of Cartersville, Georgia, the sum of $246.76 as compensation for the damages and expenses incurred by him. Such payment shall be made from funds available to the State Highway Department and shall satisfy all claims by Leon Lewis against the State Highway Department. Approved March 6, 1956. COMPENSATION TO THEOLIA F. TODD. No. 77 (House Resolution No. 90-261d). A Resolution. Authorizing compensation to Theolia F. Todd for damages arising out of the death of her son, Rufus M. Todd, Jr.; and for other purposes. Whereas, on or about June 18, 1954, Rufus M. Todd, Jr., was confined to his cell in the psychiatric ward of the Georgia State Prison at Reidsville, Georgia. Another prisoner in the same ward obtained a quantity of fly spray, which was placed in the ward and was generally available to all prisoners in that ward. The said prisoner threw the fly spray on the said Rufus M. Todd, Jr., after which he ignited it with a match and burned the said Rufus M. Todd, Jr., to death; and Whereas, the officials of said prison were negligent

Page 2913

in placing said fly spray in a ward where it was generally available to prisoners who were confined in special quarters because of their unstable minds, thus giving them an opportunity to use their criminally deranged minds to do harm to others; and Where, the said Theolia F. Todd has been damaged in the sum of $5,000.00 for the full value of the life of her son. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Board of Corrections is hereby ordered and directed to pay the sum of $2,500.00 to Theolia F. Todd, as compensation as set out above, said sum shall be paid from funds appropriated or available to said board. Approved March 6, 1956. COMPENSATION TO DANIEL H. WALKER. No. 82 (House Resolution No. 103-300d). A Resolution. Compensating Daniel H. Walker; and for other purposes. Whereas, on November 17, 1955, Daniel H. Walker was driving his motor vehicle in Coffee County and stopped for a red light at the corner of College and Ward Streets at Douglas, Georgia; and Whereas, after the light turned green, Mr. Walker started to cross the intersection and a truck belonging to the State Highway Department and driven by Garfield Yong ran the red light and struck Mr. Walker's automobile causing considerable damage thereto; and Whereas, Mr. Walker was reimbursed for his expenses

Page 2914

incurring in repairing said automobile by insurance with the exception of the sum of one hundred dollars ($100.00); and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mr. Walker and it is only just and proper that he be compensated therefor, Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mr. Daniel H. Walker of Douglas, Georgia, the sum of one hundred dollars ($100.00) as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 6, 1956. COMPENSATION TO WALKER HARRIS. No. 86 (House Resolution No. 110-319a). A Resolution. To compensate Walker Harris; and for other purposes. Whereas, on October 30, 1955, a truck belonging to the State Highway Department and being operated by Pitts Robinson was pulling a road scraper along a street in the City of Covington in front of a business lot belonging to Walker Harris which lot contained automobiles belonging to City Used Cars, and Whereas, the chain between the fender and the scraper broke causing the scraper to go over into the lot and run into two (2) automobiles parked thereon, and

Page 2915

Whereas, Mr. Walker Harris, owner of the business known as City Used Cars, was forced to repair both of said automobiles at a total expense of $262.05, and Whereas, the accident happened through no fault or negligence whatsoever on the part of Mr. Harris and it is only just and proper that he be compensated for the expenses incurred as a result thereof. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $262.05 to Mr. Walker Harris of Covington as compensation as set out above. Said sum shall be paid from the funds appropriated or available to the State Highway Department. Approved March 6, 1956. DEKALB COUNTY SALARIES OF ELECTIVE COUNTY OFFICIALS. No. 303 (House Bill No. 246). An Act to fix, prescribe and establish compensation and/or salaries of the elective county officials of and in the County of DeKalb, including the ordinary, clerk of the superior court (whether he be ex officio clerk of other courts or not), the sheriff and the tax commissioner; to regulate the collection and disposition of costs; to provide for deputies, clerks and assistants to such officers; to provide for the payment of salaries and compensation of such deputies, clerks and assistants; to provide for the payment of necessary office expense of such officers and the necessary expenses connected with the administration of each said office; to repeal all laws in conflict with the provisions of this Act, particularly and especially the Act approved August 13, 1924 (Ga. L. 1924, p. 90) changing from

Page 2916

the fee to the salary system in certain counties in Georgia the clerk of the superior court, the ordinary, the sheriff, the tax collector and the tax receiver and the Act approved February 12, 1951 (Ga. L. 1951, p. 92) providing for change of salaries of said officers in certain counties within 90 days prior to the beginning of the third year of their terms; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act that that certain Act entitled An Act, to change from the fee to the salary system in certain counties of Georgia, the clerk of the superior court, (whether he be clerk of the superior court only or ex officio clerk of other courts), the sheriff, the ordinary, the tax collector and the tax receiver; to make provisions regulating the carrying out of said change; to regulate the disposition of costs, and for other purposes, approved August 13, 1924 and incorporated in the Acts of 1924 of the General Assembly of the State of Georgia on pages 90 to 97, inclusive, be and the same is hereby repealed. Act of 1924 repealed. Section 2. Be it further enacted by the authority of the same that that certain Act of the General Assembly of the State of Georgia entitled An Act to amend an Act approved August 13, 1924, entitled `An Act to change from the fee to the salary system in certain counties in Georgia, the clerk of the superior court (whether he be clerk of the superior court only or ex officio clerk of other courts), the sheriff, the ordinary, the tax collector and the tax receiver: to make provisions regulating the carrying out of said change: to regulate the disposition of costs, and for other purposes,' so as to provide that in counties having a population of not less than 120,000 and not more than 145,000 according to the United States census of 1950 or any future census, the salaries of the clerk of the superior court, the sheriff, the ordinary, the tax collector and the tax receiver or the tax commissioner may be changed within a period of ninety (90)

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days prior to the beginning of the third year of their terms, provided, any changes in such salaries shall be submitted to and approved by the grand jury of said counties then in session or next convening and to repeal an Act approved February 25, 1949 (Ga. L., 1949, p. 1920) and to repeal an Act approved March 25, 1947 (Ga. L. 1947, p. 571); and for other purposes; which said Act was approved February 12, 1951, and incorporated in the Acts of 1951 of the General Assembly of the State of Georgia on pages 92 to 96, inclusive, be and the same is hereby repealed. Act of 1951 repealed. Section 3. Be it further enacted by the authority of the same that from and after the passage and approval of this Act the salaries and/or compensation of the elective county officers, as named hereafter, shall be as follows: Ordinary of DeKalb County $ 9,500.00 per year Clerk of the Superior Court of DeKalb County, whether he be ex officio clerk of other courts or not $11,000.00 per pear Sheriff of DeKalb County $ 9,500.00 per year Tax Commissioner of DeKalb County $11,000.00 per year Provided, nevertheless, that said salaries of the various officials herein fixed shall be paid in equal monthly installments and shall be their sole compensation, and all fees and commissions accruing after the effective date of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees, commissions and costs prescribed under existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of said county. Salaries. Section 4. Be it further enacted by the authority aforesaid that within ninety days before the first day of January each year after the passage and approval of

Page 2918

this Act the officers to whom this Act applies shall furnish to the board of county commissioners (whether such body shall consist of one or several), or other county authority having jurisdiction over roads and revenues in said county, a statement as to the number of deputies, clerks and assistants required by each official, together with a recommendation as to the salaries to be paid to them, and thereupon the said board of county commissioners or other authority having charge of county roads and revenues shall fix, for the year succeeding, the salaries of said deputies, clerks and assistants. It is hereby expressly provided that the number of assistants for each officer, shall be fixed and determined by the authority above prescribed, but it shall be within the power and authority of each one of said officers, after the beginning of his term of office, to designate and name the person or persons who shall be such deputies, clerks and assistants, and to remove them at the will and pleasure of such elective officers. Deputies and assistants. Section 5. Be it further enacted by the authority aforesaid that it shall be proper and lawful for the board of county commissioners of roads and revenues (whether such body shall consist of one or several), or other county authority having charge of the roads and revenues of DeKalb County, to pay out of the county funds the monthly portion of such salaries to each officer and each employee herein named and specified. Section 6. Be it further enacted by the authority aforesaid that the board of county commissioners (whether such body shall consist of one or several), or other county authority having charge of roads and revenues shall, in its discretion, have authority to employ additional employees on a temporary part-time basis and fix the salary to be paid to each such temporary part-time employee whenever emergencies shall arise, in the discretion of the board of county commissioners or other county authority requiring the services of additional employees, the selection of whom shall be made by the duly elected officers of the offices requiring such emergency employee or employees. Temporary employees.

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Section 7. Be it further enacted by the authority aforesaid that the necessary office expense of said officers and the necessary expenses connected with the administration of each said office shall be paid out of the treasury of said county monthly. Office expenses. Section 8. Be it further enacted by the authority aforesaid that all fees and commissions, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind which shall be allowed by law after the effective date of this Act, to be received or collected for services rendered by any officer herein named shall be received and collected by all of said officers and each of them for the sole use of DeKalb County, Georgia, and shall be held as public monies belonging to said county and accounted for and paid over to the treasury of said county on or before the tenth day of each month, at which time a detailed statement shall be made by the officer, under oath, to the Board of County Commissioners of DeKalb County (whether such body shall consist of one or several), or other county authority having charge over the roads and revenues of said county, showing such collections and the source from which collected. Fees, commissions, etc. Section 9. Be it further enacted by the authority aforesaid, that in the distribution among the officers to whom this Act applies of all costs both in particular cases or matters, and all insolvent costs, and all fines, forfeitures, fees and commissions which may become due and payable after the effective date of this Act, DeKalb County shall be subrogated to the rights and claims of any of the officers named in this Act, who, but for this Act would be entitled to compensation out of the county fines, forfeitures, fees and commissions, and shall be, after the effective date of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named. After the effective date of this Act, when order on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead

Page 2920

of the same being entered and approved in the name of each officer entitled thereto, as under the fee system, the same shall be entered and approved in the name of the respective officers for such portion of said monies as they are entitled to for the use and benefit of the county. The procedure now in force as to which officer shall collect the costs, and as to the distribution thereof shall remain in force, but as herein provided all such sums shall be collected for the use of the county and shall be paid monthly into the county treasury of DeKalb County, by the officer by whom collected. Same subrogation. Section 10. Be it further enacted by the authority aforesaid that all laws, or parts of laws, in conflict with the provisions of this Act be and the same are hereby repealed, particularly and especially the Act approved August 13, 1924 (Ga. L. 1924, p. 90) and the Act approved February 12, 1951 (Ga. L. 1951, p. 92); and provided further that if any part of this Act shall be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 22, 29, Jan. 5. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor.

Page 2921

Sworn to and subscribed before me, this 19th day of January, 1956. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia My commission expires Dec. 18, 1957. (Notarial Seal Affixed). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to apply to the 1956 session of the General Assembly of Georgia for passage of local legislation to repeal the Act approved August 13, 1924 (Ga. L. 1924, p. 90) and the Act approved February 12, 1951 (Ga. L. 1951, p. 92), which acts relate to salaries in certain counties of the clerk of the superior court (whether he be clerk of the superior court only or ex officio clerk of other courts); the sheriff, the ordinary, the tax collector and the tax receiver; to provide that the Clerk of the Superior Court of DeKalb County (whether he be clerk of the superior court only or ex officio clerk of other courts), the sheriff, the ordinary and the tax commissioner of said county, shall be compensated on a salary basis; to fix the salaries of said officers; to provide that all costs, fees, fines and other collections received by said officers shall be paid into the country treasury; to provide for the payment of expenses of administration of said offices by DeKalb County; to repeal conflicting laws; and for other purposes. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay, DeKalb County Representatives. 12-22-3t Approved March 6, 1956.

Page 2922

COLLEGE PARK CHARTER AMENDED. No. 304 (House Bill No. 316). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes approved December 16, 1895, and the several Acts amendatory thereof, be further amended as follows: Section 1. That the provisions of said Act, as amended, particularly by Section III of the amendatory Act, approved February 26, 1941 (Ga. L. 1941, p. 1270) is hereby amended by striking said Section III of said amendatory Act of 1941, as amended, in its entirety and in lieu thereof inserting the following: Salaries of mayor and council. Section III. The salary of the mayor of the City of College Park shall be eighteen hundred ($1800.00) dollars per annum, payable monthly in equal installments; the salary of each councilman of said city shall be twelve hundred ($1200.00) dollars per annum, payable monthly in equal installments; said salaries to be payable beginning

Page 2923

with the first day of the calendar month next succeeding the date of the passage and approval of this Act. Section 2. That a provision numbered Section 30-A is hereby added to said Act to read as follows: Section 30-A. The Mayor and Council of the City of College Park shall have full power and authority to provide for the assessment and collection of a charge for the use and maintenance of the sewer system of the City of College Park. The amount of all such assessments may be collected by execution, levy and sale as in the case of assessments for street improvements and the defendant in such an execution shall have the right to file an affidavit, denying that the whole or any part of the amount, for which the execution is issued, is due, stating what amount he admits to be due, which amount so admitted to be due shall be paid or collected before the affidavit is received, and the affidavit so received shall be returned to the Superior Court of Fulton County and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided in cases of illegality for delay. All such assessments shall constitute a lien upon the real estate. Sewer assessments. Section 3. That a provision numbered Section 31-A is hereby added to said Act to read as follows: Section 31-A. The Mayor and Council of the City of College Park shall have the power and authority at any time in their discretion to increase the pavement width of streets within the City of College Park; to grade, pave, macadamize or otherwise improve the portions of streets where the pavement width is increased; to re-set or establish new curbing and guttering on portions of streets where the pavement width is increased; and to carry into effect the authority herein granted, the said mayor and council shall have full power and authority to assess the actual total cost of increasing the pavement width of streets, including the cost of grading, paving, macadamizing,

Page 2924

re-setting old curb, providing new curbing, guttering, or otherwise improving such area, against the real estate abutting on each side of street upon which the work is done in just proportions to the frontage by the foot of said property. Whenever the mayor and council of said city shall determine to increase the pavement width of any street and to pave, grade, or otherwise improve such portion of any street, the city clerk shall notify all persons owning abutting property on or fronting on such street of such intention, together with a statement of the amount assessed against said property therefor; and said city shall proceed to do said paving, etc., or cause it to be done. Said mayor and council shall have full power and authority to require the portion of any street wherein the pavement width is increased to be paved and curbed in such manner and with such material as may be determined by resolution or ordinance. The amount of the assessment on each piece of real estate shall be a lien thereon from the date of the passage of the ordinance providing for the work and making the assessment, which lien shall be superior to all other liens, except for taxes. Said mayor and council shall have full power and authority to enforce the collection of any assessment so made by execution to be issued by the city clerk against the real estate and against the owner thereof, for the amount so assessed, which execution shall be levied and the property advertised and sold in the same manner as tax executions are now levied and the property sold thereunder by said City of College Park. Should any owner of any property upon which such an execution is levied desire to contest the amount of the assessment, he may do so by filing with the levying officers an affidavit of illegality and stating thereon the cause of such illegality and the amount admitted to be due, which amount admitted to be due shall be paid to the levying officer before the affidavit shall be received and the affidavit shall be returned to the Superior Court of Fulton County to be tried and determined as in other cases of illegality, subject to the penalties for delay in such cases made and provided, and it shall be the duty of the judge of the superior court of said county

Page 2925

to give preference to these cases over all other pending cases in said court. Said mayor and council shall in all cases, in their discretion, have the power to grant a stay of execution for said assessment for such time as they may see fit, and collect the interest on the same at the rate of seven (7) percent per annum. Pavement assessments. Section 3 A. That an Act entitled, An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, etc., and for other purposes, approved December 16, 1895, (Ga. L. 1895), as amended, is hereby amended by adding a new section to the amendatory Act approved January 30, 1946, (Ga. L. 1946, p. 432) which shall be numbered 2-B and which shall read as follows: Section 2-B. Any employee of said city who is making regular contributions into the pension fund of said city under this amendment and who dies as a result of an injury or personal injury by accident arising out of and in the course of his employment with said city (the words `injury' and `personal injury' being defined as follows: Injury and personal injury shall mean only injury by accident arising out of and in the course of the employment and shall not include a disease in any form except where it results naturally and unavoidably from the accident, nor shall injury and personal injury include injury caused by the wilful act of a third person directed against an employee for reasons personal to such employee.) shall be conclusively entitled to a service-connected disability pension as of the date of such employee's death, the amount of which shall be determined as service-connected disability pension is determined under Section of this Act, and it is specifically provided that any widow or minor children who shall be the beneficiary or beneficiaries of any pension of such an employee shall have the right to make application for and receive said pension in the amount of seventy-five (75%) percent of the amount of the pension such an employee would be entitled to receive under this provision and such pension

Page 2926

shall be continued to such beneficiary or beneficiaries in the regular and normal manner as is provided for continuing pensions to a widow or minor children under this law. Whenever the situation arises whereby it is possible for a beneficiary to establish rights under this section as well as under Section 2-A of this law then this section shall apply. Pensions system. Section 4. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, and that there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 5. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that he is the treasurer of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 15th day of December, 1955, and once each week for 5 consecutive weeks as provided by law. /s/ A. M. Kempton.

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Subscribed and sworn to before me, this 20th day of January, 1956. /s/ Maiodis Fowler Notary Public, Fulton County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for the passage of local legislation at the 1955 adjourned session of the General Assembly of Georgia convening in January, 1956, to annex additional territory to said city and to amend the charter of said city in other respects, the title to such bill or bills embracing said local legislation to read as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled `An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes,' and the several acts amendatory thereof, and for other purposes. This December 12, 1955. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Ga. Dec. 15, 22, 29, Jan. 5 ufn State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day personally came Jack Troy, who being first duly sworn, according to law, says that he is the editor of The Forest Park Free Press and Clayton County News and Farmers,

Page 2928

the official newspaper and organ of Clayton County, Georgia, and that the publication of which the annexed is a true copy, was published in said paper on the 22nd day of December, 1955, and once each week thereafter for 4 consecutive weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me this 20 day of January 1956. /s/ Douglas L. Harper Notary Public, Clayton County, Georgia, Notary Public, Georgia, State at Large. My commission expires Aug. 16, 1957. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for passage of local legislation at the 1955 adjourned session of the General Assembly of Georgia convening in January, 1956, to annex additional territory to said city and to amend the charter of said city in other respects, the title to such bill or bills embracing said local legislation to read as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled `An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilman, prescribe their powers and duties, and for other purposes, and the several Acts amendatory thereof, and for other purposes. This December 22, 1955. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Ga. Approved March 6, 1956.

Page 2929

CHATTOOGA COUNTY PURCHASES. No. 305 (House Bill No. 412). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Chattooga County, approved March 18, 1933 (Ga. L. 1933, p. 439), as amended, particularly by an Act approved February 15, 1955 (Ga. L. 1955, p. 2313), so as to change the provisions relative to certain persons selling to or buying from Chattooga County, goods and supplies; to change the provisions relative to bids received relative to purchases for the county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues of Chattooga County, approved March 18, 1933 (Ga. L. 1933, p. 439), as amended, particularly by an Act approved February 15, 1955 (Ga. L. 1955, p. 2313), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. It shall be unlawful for any member of the board or the clerk or the warden or any firm, partnership, association, or corporation in which either of such persons is a partner or a stockholder to sell directly to the county, any goods or supplies or other material or to purchase anything from the county. Prohibited acts. Section 2. Said Act is further amended by striking Section 9 in its entirety and inserting in lieu thereof a new Section 9 to read as follows: Same. Section 9. It shall be unlawful for any member of the board or the clerk or the warden, or any person related to either of them within the first degree according to the canon law, or any firm, partnership, association or corporation in which any of such persons or such relations is an officer or employee, to buy from or sell to Chattooga County any goods or services of any kind whatsoever.

Page 2930

Section 3. Said Act is further amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10 to read as follows: Section 10. All purchases in excess of fifty ($50) dollars, including supplies, materials, equipment, road machinery, food and clothing, shall be made upon a sealed competitive bid, and to this end it shall be the duty of the said board thereof to prepare quarterly an estimate of the county's needs and requirements covering the next quarter and to have such estimate published in the official organ of the county, for which publication the legal rates of advertising shall be paid. The aforesaid estimate of said requirements shall be divided into commodity divisions, and bids shall be requested thereupon. Said advertisements shall state the date and place of the opening of said bids and the letting of said contract. All of said bids shall be received under seal and all bids received under seal shall not be opened until the specified time and place. At said time and place, said bids so received shall be opened and thereafter filed for two years in the office of the board of commissioners of roads and revenue for public inspection. The contract for said supplies, material, equipment, road machinery, food and clothing shall be purchased from said lowest bidder, except, that the board shall reject even the lowest bidder if it is determined that such lowest bid is too high above the price paid for the same or similar items in surrounding counties. Provided, that if, because of any loss, accident, emergency or cause not foreseen before the same arises, said county shall need to repair any road equipment or trucks, not at any time exceeding in cost two hundred fifty ($250) dollars, per truck, and one thousand ($1,000) dollars for heavy road equipment, the same may be repaired without advertising for bids for furnishing the same, but in every case, upon approval of the Chairman of the Board of Commissioners of Roads

Page 2931

and Revenue of Chattooga County. The same shall be repaired as cheaply as possible under the circumstances and shall subsequently be approved by a majority of the board. Bids. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Chattooga County. Legal Notice. To whom it may concern: Notice is hereby given of intention to apply for local legislation at the next meeting of the General Assembly of Georgia, which convenes in January, 1956 amending the original act creating the Board of Commissioners of Roads and Revenues of Chattooga County approved March 18, 1933 (Ga. L. 1933, p. 439) and all amendatory Acts thereto. Date January 7, 1956. Paul B. Weems. James H. Floyd. Jan. 26. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul B. Weems and J. H. Floyd, who, on oath, deposes and says that he is Representative from Chattooga County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News, which is the official organ of said county, on the following dates: Jan. 12; 19; 26; 1956. /s/ Paul B. Weems, /s/ James F. Floyd, Representatives, of Chattooga County.

Page 2932

Sworn to and subscribed before me, this 30 day of January, 1956. /s/ Evelyn V. Martin, Notary Public. Notary Public, Georgia State at Large. My Commission Expires Oct. 2, 1957. (Seal) Approved March 6, 1956. CITY COURT OF DECATUR ABOLISHED. No. 306 (House Bill No. 458). An Act to repeal an Act approved August 16, 1922, (Ga. L. 1922, p. 248) entitled An Act to create and establish the City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and prescribe the practice and method of procedure therein; to provide for the appointment of the judge and solicitor of said court, and for other purposes, and all Acts amendatory thereof, including the Act approved August 11, 1925 (Ga. L. 1925, p. 428), the Act approved August 1, 1927, (Ga. L. 1927, p. 399), the Act approved February 14, 1933, (Ga. L. 1933, p. 327), the Act approved February 12, 1943, (Ga. L. 1943, p. 752), the Act approved March 25, 1947, (Ga. L. 1947, p. 567), and the Act approved February 15, 1949, (Ga. L. 1949, p. 571); to provide an effective date of this Act; to provide for transfer of all civil cases, and books and paper pertaining to same from the City Court of Decatur to the Superior Court of DeKalb County on the effective date of this Act; to provide for a referendum on the question of whether this Act shall become effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same:

Page 2933

Section 1. The Act of the General Assembly of Georgia approved August 16, 1922 (Ga. L. 1922, p. 248) entitled An Act to create and establish the City Court of Decatur; to define the jurisdiction thereof; to fix the terms of said court, and prescribe the practice and method of procedure therein; to provide for the appointment of the judge and solicitor of said court, and for other purposes and all Acts amendatory thereof, including, but not by reason of specification of same herein limited to, the Act approved August 11, 1925, (Ga. L. 1925, p. 428), the Act approved August 1, 1927, (Ga. L. 1927, p. 399), the Act approved February 14, 1933, (Ga. L. 1933, p. 327), the Act approved February 12, 1943, (Ga. L. 1943, p. 752), the Act approved March 25, 1947, (Ga. L. 1947, p. 567), and the Act approved February 15, 1949, (Ga. L. 1949, p. 571) are hereby repealed in their entirety. Acts repealed. Section 2. The provisions of this Act shall not become effective until the same shall have been submitted to the qualified voters of DeKalb County at a special election to be held for that purpose on the 16th day of May, 1956. At said election the qualification of voters shall be the same as now fixed by law for the qualification of voters at special elections to fill a vacancy occurring in a county office and shall be held under all laws of this State applicable to special elections. The returns of said election shall be made to the ordinary of said county, who shall declare the results thereof. If, in the opinion of the ordinary, it is practicable to hold the election herein provided for by use of voting machines in accordance with the provisions of an Act approved March 28, 1947, (Ga. L. 1947, p. 1203), the ordinary is authorized to hold said election by means of voting machines. The ballots or voting machines employed in said election shall be so prepared as to enable voters to vote For abolishing the City Court of Decatur and Against abolishing the City Court of Decatur. Should a majority of the voters voting in said election vote in favor of abolishing the City Court of Decatur, said City Court of Decatur shall be abolished as herein provided and this Act shall be of full

Page 2934

force and effect. Should a majority of the voters voting in said election vote against abolishing the City Court of Decatur, this Act shall not be effective and shall be of no force and effect. Referendum. Section 3. Should a majority of the voters voting in the referendum election provided for in Section 2 of this Act vote in favor of abolishing the City Court of Decatur, as provided in said section, this Act shall become effective on and after the expiration of the present term of office of the judge of said court on December 31, 1958, or upon the occurrence of a vacancy in the office of judge of said court, whichever such event shall first occur. Section 3-A. All civil cases and all civil business pending in the said City Court of Decatur on the effective date of this Act are hereby transferred to the Superior Court of DeKalb County. All civil processes, mesne and final, returnable to said City Court of Decatur shall, on and after the effective date of this Act be returnable to the Superior Court of DeKalb County. All books and papers attaching to such civil actions shall be transferred to the appropriate officers of the Superior Court of DeKalb County and in all other respects the Superior Court of DeKalb County shall on and after the effective date of this Act stand substituted for the said City Court of Decatur in civil matters of every kind and nature, and all subsequent proceedings shall be the same as though such cases had been originally filed in the Superior Court of DeKalb County. Section 4. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriffs' advertisements for DeKalb County are published, namely The DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published, as provided by law.

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Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 15, 22, 29-1955. The DeKalb New Era, /s/W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me, this 18th day of January, 1956. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expired Dec. 18, 1957. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to apply to the 1956 session of the General Assembly of Georgia for passage of local legislation to abolish the City Court of Decatur; to provide for the transfer of cases pending in said court to the Superior Court of DeKalb County; to provide for a referendum election on ratification of said bill; to repeal conflicting laws, and for other purposes.

Page 2936

This 15th day of December, 1955. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay. Approved March 6, 1956. MACONEMINENT DOMAIN. No. 308 (House Bill No. 614). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927 and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to repeal Section 111 of said Act of 1927 as amended relating to condemnation of land by the city; to re-enact in lieu thereof a new section, bearing the same number and relating to the same subject matter; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon

Page 2937

contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts, be, and the same are, hereby further amended by repealing Section 111 of said Act of 1927, as amended, relating to condemnation of land by the city and re-enacting in lieu thereof a new Section 111 relating to the same subject matter and which shall read as follows: Section 111. Condemnation of land by city. The City of Macon shall have full power and authority to purchase and hold all real estate necessary for the construction and operation of said water and sewerage systems, both within and without the corporate limits of the city, and said City of Macon shall have full power and authority to condemn property, both within and without the corporate limits of the city, and within the territorial limits of Bibb County, Georgia, as it now exists or may hereafter exist, for the purpose of constructing, improving and extending and thereafter operating the water and sewerage systems for the City of Macon; provided, however, that no property shall thus be taken by the City of Macon without compensation being paid, the method and procedure for the condemnation of such property being the same as now provided by the laws of Georgia in condemnation proceedings as set forth in Title 36 of the Annotated Code of Georgia (1933). Condemnation land. Section 2. All laws or parts of laws in conflict herewith be and the same are hereby repealed.

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Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for 3 consecutive weeks, to wit: on the 23rd and 30th of December, 1955 and on January 6, 1956, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me, this 10th day of February, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My commission expires Oct. 7, 1956. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1956 session of the General Assembly which convenes on Monday, January 9, 1956 to amend the charter of the City of Macon in the following respects: (1) By repealing Section 2 of said charter as amended relating to the corporate limits of the City of Macon and re-enacting in lieu thereof a new section to be known as Section 2 defining the corporate limits of the City of Macon; (2) To amend Section 17 of the said charter as amended relating to the challenge of voters by striking therefrom the hyphenated word twenty-one where it appears

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in said section and inserting in lieu thereof the word eighteen; (3) To amend Section 22 of said charter as amended relating to the mayor pro tem. so as to provide that he shall serve during the absence from the city or temporary disability of the mayor; (4) To repeal Section 33 of said charter as amended relating to the filling of vacancies among members of council, and to re-enact a new section to be known as Section 33 providing for the filling of a vacancy in the office of the mayor, and for the filling of vacancies among the members of council; (5) To repeal Section 41 of said charter as amended relating to the duties of city attorney, city recorder and other officers, and to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; (6) To repeal Section 56 of said charter as amended relating to the supervision and control of the police department and the fire department and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter; (7) To repeal Subsection (z) of Section 70 of said charter as amended relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund, and to re-enact in lieu thereof a new Subsection (z) of Section 70 relating to the same subject matter; (8) To repeal Section 111 of said charter as amended relating to the condemnation of land by the city and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter.

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The City of Macon will also apply for the passage of local legislation at said session to vest title in the City of Macon, its successors and assigns, to a certain portion of Pine Street in Square 74 located in said city and to authorize said city to close, vacate and abandon the portion of Pine Street involved. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 22nd day of December, 1955. C. Cloud Morgan, City Attorney. Approved March 6, 1956. ROME RETIREMENT SYSTEM AMENDED. No. 311 (House Bill No. 500). An Act to amend an Act, entitled an Act to create a new charter and municipal government for the City of Rome, to define the rights and powers of the municipality; to define the corporate limits thereof and to repeal all former charters and all laws in conflict therewith, approved August 19, 1918, and the several Acts amendatory thereof and especially to amend Section 12(a) of an Act approved February 16, 1943, (Ga. L., pp. 1560-71) as amended by an Act approved February 25, 1949, (Ga. L., pp. 2060-2065), pertaining to retirement benefits; by providing that the retirement benefits payable to employees who retired prior to the amendment of February 25, 1949 shall be computed on the same basis as those retiring after the amendment of February 25, 1949. Section 1. Section 12 (a) of an Act approved February 16, 1943, (Ga. L., pp. 1560-71) as amended by an

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Act approved February 25, 1949 (Ga. L., pp. 2060-2065), amending an Act entitled, An Act to create a new charter for the City of Rome, to define the rights and powers of the new municipality; to define the corporate limits thereof; and to repeal all former charters and laws in conflict thereof approved August 19, 1918 is and the same is hereby amended by striking the first phrase of Section 12 (a) entitled Retirement Benefits, reading as follows: An employee retiring under the provisions of this Act after having served an aggregate of twenty-five years as an employee of the City of Rome and attained the age of at least fifty years, and substituting therefor the following phrase: An employee who has retired or who retires under the provisions of this Act after having served an aggregate of twenty-five years as an employee of the City of Rome and attained the age of at least fifty years, so that Section 12 (a) shall read as follows: Sec. 12, Act of 1949 amended Section 12. Retirement benefits. (a) An employee who has retired or who retires under the provisions of this Act after having served an aggregate of twenty-five years as an employee of the City of Rome and attained the age of at least fifty years, shall be paid monthly from said retirement fund and for and during his natural life the sum of money equal to one-half of the average salary received from the City of Rome as such employee as computed upon the basis of the salary received by such employee during the three years in which he or she received the highest salary as an employee of the City of Rome prior to retirement; provided, however, such monthly retirement payments shall in no event exceed the sum of one hundred dollars per month. For the purposes of this Act the monthly salary of any employee is determined to be one-twelfth of his annual salary. If an employee has not completed an aggregate of twenty-five years of service as an employee of the City of Rome at the time of his retirement under the provisions of this Act by having attained the age of at least sixty years, then he shall be paid monthly from said retirement fund

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and for and during his natural life, the same proportionate part of the amount of money he would receive if he were being retired upon twenty-five years of service under this Act, this his aggregate years of service as an employee of the City of Rome is of twenty-five years. Retirement benefits. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. Notice of the Citizens of Rome and Floyd County, Georgia: A bill will be introduced in the 1956 General Assembly of Georgia to amend the charter of the City of Rome and especially the charter as pertaining to the Rome retirement system. The provisions of Section 12, Acts of the General Assembly of 1949, page 2063, will be amended so that the retirement benefits as provided therein and the method of computation thereof will apply to those employees previously retired as well as to those retiring after the passage of said amendment on February 25, 1949. /s/ Robert L. Scoggin. /s/ J. Battle Hall. /s/ Barry Wright, Jr. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came J. Battle Hall, who, on oath, says that he is a member of the General Assembly from Floyd County, Georgia, and is the author of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill are published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a part

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of this bill; and that said notice was published as provided by law. This 3 day of February, 1956. /s/ J. Battle Hall. Sworn to and subscribed before me, this 3rd day of February, 1956. /s/ Vera Carver, Notary Public, Floyd County, Georgia. Approved March 6, 1956. ALLENTOWN CHARTER. No. 312 (House Bill No. 508). An Act to repeal an Act, approved December 7, 1901, (Acts of 1901, pp. 299-300, 301, incl.), entitled An Act to incorporate the Town of Allentown in the County of Wilkinson, State of Georgia. Said Act defines its corporate limits, provides for a municipal government, conferring certain powers and privileges in the same and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that an Act to incorporate the Town of Allentown in the County of Wilkinson, State of Georgia, approved December 7, 1901, (Acts of 1901, pp. 299-300, 301, incl.), be and the same is hereby repealed. Act of 1901 repealed. Section 2. Be it enacted by the authority aforesaid, that all laws and parts of laws and all amendatory laws in conflict with this Act be, and the same are hereby repealed.

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Notice of Local Legislation. State of Georgia, County of Wilkinson. Notice is hereby given that application will be made at the January, 1956 session of the General Assembly of Georgia, which convenes on the 2nd Monday in January, 1956, for the passage and approval of a bill to be entitled as follows: An Act to repeal an Act approved December 7, 1901, entitled, An Act to incorporate the Town of Allentwon in the County of Wilkinson, said Act, Acts of 1901, pages 299-301 defining its corporate limits, providing for a new method of government and conferring certain powers and privileges in and to the same and for other purposes. This January 16th, 1956. Signed: A. T. Land, Representative in General Assembly of Georgia from Wilkinson County. Jas. D. Shannon Attorney at Law for Town of Allentown, Wilkinson County, Georgia. State of Georgia, County of Wilkinson. Personally appeared before me the undersigned officer duly authorized to administer oaths, Hazel Couey, publisher of Wilkinson County News, the official gazette of Wilkinson County, Georgia, being the newspaper in which sheriff's sales for said county are published, after being duly sworn deposes and says that the attached copy of notice of local legislation was published in the

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Wilkinson County News on the following dates, to wit: Jan. 20, Jan. 27 Feb. 3-1956. /s/ Hazel Couey, Publisher, Wilkinson County News. Sworn to and subscribed before me, this the 3rd day of February, 1956. /s/ George Matthews, Notary Public, Wilkinson Co., Ga. My commission expires Oct. 10, 1959. (Seal Affixed) Notice. State of Georgia, County of Wilkinson. Notice is hereby given that application will be made at the January, 1956, session of the General Assembly of Georgia, which convenes on the 2nd Monday in January, 1956, for the passage and approval of a bill to be entitled as follows: An Act to repeal an Act Approved December 7, 1901, entitled, An Act to incorporate the Town of Allentown in the County of Wilkinson, said Act, Acts of 1901, pages 299-300 defining its corporate limits, providing for a new method of government and conferring certain powers and privileges in and to the same and for other purposes. This January 16th, 1956. Signed: A. T. Land, Representative in General Assembly of Georgia from Wilkinson County.

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Jas. D. Shannon, Attorney at Law for Town of Allentown, Wilkinson County, Georgia. Certificate of the Ordinary of Wilkinson County, Georgia. Georgia, Wilkinson County. Personally comes W. L. Council, Ordinary and Ex Officio Clerk of the Court of Ordinary, of Wilkinson County, Georgia, who hereby and herewith certifies under his official hand and seal of office that the subjoined and hereto attached notice of local legislation was posted at the courthouse door of Wilkinson County in Irwinton, Georgia, on the 16th day of January, 1956 in accordance with the laws in such cases made and provided. Given under my hand and official seal, on this the 4 day of February, 1956. /s/ W. L. Council, Ordinary and Ex Officio Clerk of the Court of Ordinary of Wilkinson County, Georgia. Sworn to and subscribed before me, this the 4th day of February, 1956. /s/ Willis T. Allen, Clerk, Superior Court. Notary Public, Wilkinson Co., Ga. (Seal Affixed) Notice. State of Georgia, County of Wilkinson. Notice is hereby given that application will be made at the January, 1956, session of the General Assembly of Georgia, which convenes on the 2nd Monday in January,

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1956, for the passage and approval of a bill to be entitled as follows: An Act to Repeal and Act Approved December 7, 1901, entitled, An Act to incorporate the Town of Allentown in the County of Wilkinson, said Act, Acts of 1901, pages 299-301 defining its corporate limits, providing for a new method of government and conferring certain powers and privileges in and to the same and for other purposes. This January 16th, 1956. Signed: A. T. Land, Representative in General Assembly of Georgia from Wilkinson County. Jas. D. Shannon, Attorney at Law for Town of Allentown, Wilkinson County, Georgia. Approved March 6, 1956. DALLAS CHARTER. No. 313 (House Bill No. 465). An Act to amend, consolidate, and supersede the several Acts incorporating the City of Dallas in the County of Paulding, State of Georgia; to create a new charter and municipal government for said city; to define the corporate limits of said city; to vest in said City of Dallas all properties and rights of the former City of Dallas; and to confirm the title of said city to any property heretofore acquired without charter authority; to provide for and describe the city limits; to authorize said city to acquire and own property, either within or without the corporate limits, for any corporate purpose; to divide and partition said city into wards; to regulate and limit the sale of property in

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said city; to provide that all valid obligations of the City of Dallas shall be binding on the City of Dallas hereby incorporated; to provide that the present mayor and council, and all subordiante officers, of the City of Dallas serve until election and qualification of the officers herein provided for; to provide that all ordinances now in force in said city, not in conflict with this charter shall remain in force until repealed or superseded; to provide for a mayor and council, and other officials and employees of said city, and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to limit the salaries of mayor and council, certain powers, duties and privileges; to provide for all elections in and for said city and the method of holding said elections, and the qualifications of voters; to provide a system for the permanent registration of qualified voters of said city and for the purging of disqualified voters names from the registration books and voters' list, after notice and hearing by a registrar, whose election by the mayor and council, and the powers and duties of said registrar are herein provided; to provide a mayor's court, and for the trial and punishment therein of all offenders against the laws and ordinances of said city, and to prescribe the powers and duties of said court and the method of appeal therefrom; to provide a system of taxation for said city and to confer upon said City of Dallas hereby incorporated all necessary authority to assess, levy, and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a board of tax assessors, to require the return of all property for taxation, and to provide for the assessment of all returned and unreturned property by said tax assessors, and the method of appeal from their findings; to authorize said city to regulate, control, and prohibit all kinds of business, trades, and professions, shows, exhibitions and entertainments, and for the taxation and licensing thereof; to authorize said city to define and punish unfair competition on the part of any person or corporation doing business in said city, and to provide

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for the revocation of licenses of persons or corporations guilty thereof; to authorize said city to establish fire limits, and to establish a system of zoning in said city, and to provide the method thereof; to provide for the granting of franchises and encroachments on the streets of said city, and to provide rules and regulations for public service corporations operating in said city; to authorize said city to establish a board of health; to confer upon said city all necessary authority to establish, maintain, extend, and improve a system of sewerage and drains in said city; to authorize said city to require connection with water and sewer lines, and to enforce the charges therefor against property served, as taxes are enforced; to provide for opening and laying out, establishing, maintaining, and improving, and paving streets, avenues, lanes, alleys, sidewalks, and crossings in said city; to authorize said city to pave and otherwise improve for travel and drainage, streets and sidewalks of said city, and to assess the cost thereof, including intersections in the discretion of the mayor and council of said city, against abutting property thereon, and fixing the lien and manner of assessments of such collections; to authorize said city to supply water and electric light and power and gas for public purposes and to its citizens, and to charge therefor, and to maintain public utility system of all kinds; to authorize said city to enforce collection of water, light, gas, and sewer bills as charges against the premises served, and to cut off services from the premises served where such bills are unpaid, and to authorize said city to require deposits to insure the payment of such bills providing two methods of securing collection of such bills; to provide for a fire department; to provide for cemeteries, public parks, public building and improvements; to provide for the abatement of nuisances within the corporate limits of said city; to provide for the working of convicts within and without said city, and for chaingang and prison; to authorize said city to contract debts and to issue bonds and revenue certificates in the manner provided by State law, for any lawful corporate

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purpose or improvement; to authorize said city to condemn property, either within or without the corporate limits thereof, for any lawful public and corporate use of said city, when necessary or proper in the judgment of the mayor and council, and in the manner provided by State law; to provide the police powers of said city, and the powers and duties of its police officers; to provide in the mayor and council full and complete power and authority to do and perform all acts necessary and proper for the welfare of said city, and for the exercises of the powers and duties herein conferred; to repeal Acts and parts of Acts incorporating said city, in conflict herewith; to create a new charter for said City of Dallas and declare the rights and powers of said corporation; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same; Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the City of Dallas, in the County of Paulding, State of Georgia, heretofore made a body politic, incorporated by the Acts of the General Assembly of Georgia, shall continue a body politic, incorporated, and shall be known by the corporate name of the City of Dallas, and by that name shall be and is hereby, vested with all the rights, powers, and privileges incidental to municipal corporations in said State; and all powers, rights, privileges, titles, property, and easements heretofore belonging to the City of Dallas are hereby vested in the City of Dallas, by and in that name may sue and be sued, contract and be contracted with, plead and be impleaded, have and use the common or corporate seal, make and enact, by and through the mayor and council of said City of Dallas, such ordinances, rules, regulations, and resolutions for the welfare and proper government of said city, and for the transaction of the business thereof, as they may deem good and

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proper, consistent with the laws and Constitution of the State of Georgia and of the United States. Incorporation. Section 2. Be it further enacted, that the title to any property, real or personal, within or without the corporate limits of said city, heretofore acquired by the City of Dallas, with or without proper charter authority, is hereby vested in the City of Dallas created by this Act, the acquisition thereof being hereby ratified and made lawful. And the City of Dallas created by this Act is hereby authorized and empowered to purchase, hold, rent, lease, and receive by gift or otherwise, and to enjoy, possess, and retain, temporarily or permanently, any property, real or personal, of any kind whatsoever, either within or without the corporate limits of said city, for corporate purposes. Section 3. Be it further enacted, that no electric-light, gas, water, or other public utility plant or system, now or hereafter owned by the City of Dallas, shall ever be sold, leased or otherwise disposed of by the City of Dallas, created by this Act, except in the manner provided by, and in strict compliance with, the Act of the General Assembly of Georgia approved August 25, 1925 (Ga. L. 1925, pp. 177-179); and the provisions of said Act are hereby incorporated as a part of this section by this reference, and shall be a valid part hereof regardless of any decision invalidating said Act for any reason. Any other property, real or personal, now or hereafter owned by said city (including any property connected with a public utility plant or system owned by said city, which particular property is no longer serviceable or necessary in the continued and efficient operation of such plant or system) may be sold, leased, or otherwise disposed of by said city by resolution of the mayor and council thereof, setting forth and approving the terms of any such sale, lease, or other disposition; the mayor, by direction of said council, making conveyance thereof. Utility systems. Section 4. Be it further enacted by the authority

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aforesaid, that the corporate limits of the City of Dallas, Georgia, shall be as follows to wit: Commencing at the northwest corner of Land Lot No. 205, in the Second District of the 3rd Section of Paulding County, Georgia, thence south along the original land line to a point on said land line one hundred yards south of the Seaboard Air Line Railway, thence eastward parallel with the said Seaboard Air Line Railway on a line one hundred yards south of the said railway to a point on the old Dallas and Villa Rica public road one hundred yards south of said railway, thence northward to the southeast corner of Land Lot No. 345, thence north to the northeast corner of Land Lot No. 201, thence west to the starting point, embracing all territory within said boundary. Corporate limits. Section 5. Be it further enacted, that the City of Dallas, Ga., shall be and is hereby divided into four wards, namely, 1st, 2nd, 3rd, and 4th wards as follows, to wit: Ward One shall embrace all that territory and part of said city within the following boundaries; Commencing at the northeast corner of that part of the courthouse square, whereon the courthouse is now situated, namely at the junction of Cartersville, Main, Acworth and Yorkville Streets, thence westward along Yorkville street to the west corporate limits of said city, thence south to the southwest corner of corporate limits of said city, thence eastward to the street or public road south of the Seaboard Railway depot, thence northwest along said street or public road via Marchman's residence to the Southern depot; thence northwest along Main Street to starting point. The Second Ward shall contain all that territory bounded as follows: Commencing at what is known as Bennett's corner of said city, thence east to Cartersville Street; thence southward along Cartersville Street to the starting point. The Third Ward shall embrace all the territory and part of said city within the following boundary lines; Commencing at the southwest corner of Watson's livery stable on the corner of Main and East Spring Street, thence east along East Spring Street to the east boundary line of corporate limits of said city, thence northward to the northeast corner of

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the corporate limits of said city, thence west to Cartersville street, thence southward along Cartersville and Main Street to the starting point. The Fourth Ward shall embrace all that territory within the following boundary; Commencing at the southwest corner of Watson's livery stable or the corner of Main and East Spring Street, thence east along the south boundary line of ward three or along East Spring Street to the east boundary line of the corporate limits of said city, thence south to the southeast corner of said corporate limits of said city, thence west to the southeast corner of Ward One, thence northward along the east line of Ward One, to the starting point. Wards. Section 6. Be it further enacted, that the City of Dallas created by this Act is hereby made responsible as a body corporate for all legal undertakings, liabilities, and debts of the former City of Dallas, whether for principal and interest on outstanding bonds, or other contracts or indebtedness. Section 7. Be it further enacted, that the government of the City of Dallas shall be vested in the mayor and six aldermen whose qualifications and manner of election are hereinafter prescribed, and that the present mayor and aldermen together with all subordinate officers elected by said aldermen, subject to the right of the mayor and aldermen to remove, with or without cause, shall continue in office until their successors have been elected and qualified as herein provided. An election shall be held in said city on the first Wednesday in September, 1957, and every two years thereafter, at which time there shall be elected a mayor who shall hold office for a term of two years beginning on the 1st day of January, 1958, and expiring on the 31st day of December, 1959. There shall also be elected one alderman from Ward One, one alderman from Ward Three, and one alderman at large, each of whose terms of office shall begin on the 1st day of January, 1958 and expire on the 31st day of December, 1959. There shall also be an election held in and for the City of Dallas on the

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first Wednesday in September every two years after the election above mentioned. At the election to be held on the 1st Wednesday in September, 1959, there shall be elected an alderman from both Ward Two and Ward Four and also one alderman at large, each of whose terms of office shall begin on January 1st, 1960 and expire on December 31, 1961. All subsequent term aldermen, both from the city at large and from each ward thereof, shall be elected for a term of four years and until their successors qualify. The successors of the above officials shall be elected by ballot as hereinafter prescribed. Mayor and aldermen. (a). Be it further enacted that the governing body of said city shall be known as a mayor and council and that any reference to aldermen shall be held to mean and be synonymous with councilmen. Section 8. Be it further enacted, that any person, a resident of the City of Dallas, and who has been a bona fide resident thereof for twelve (12) months prior to the time of election, and who shall be twenty-one (21) years of age and a qualified voter of said City of Dallas, shall be eligible to the office of mayor and councilmen of said City of Dallas. Should the mayor or any councilmen, during the term of his or her office, remove from the limits of said city or cease to be a bona fide resident thereof, his or her office shall thereby become vacant. Qualifications. Section 9. Be it further enacted, that in event the office of mayor should become vacant by death, resignation, removal or otherwise, said vacancy shall be filled by an election ordered by the council to take the place not more than sixty (60) days from the time such vacancy occurs, under the same rules and regulations that govern the elections in said city. The clerk of said city shall cause notice of the holding of said election, and the time and place thereof, to be published once a week for two weeks prior to said election in the newspaper in which sheriff's advertisements for Paulding County are published; Provided, however, in event such vacancy occurs

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within six (6) months preceding the expiration of term of office of said mayor, then in that event, the said vacancy shall be filled by the mayor pro tem., or by any councilman elected by the council for that purpose; and Provided, further, in event such vacancy should occur within three (3) months prior to a regular annual election to be held on said first Wednesday in September, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor pro tem., or by any councilman elected by the council for that purpose, who shall serve until such regular annual election, and the vacancy shall be filled by election of a mayor for the remainder of the unexpired term. In the event the office of one or more of the councilmen shall become vacant by death, resignation, removal, or otherwise, said vacancy shall be filled by the mayor and council by the election of any citizen of said city eligible to hold such office, who shall serve until the next annual election when a councilman shall be elected to fill the remainder of the unexpired term. Vacancies. Section 9 (a). Be it further enacted, that should any election held in and for said city under the provisions of this Act result in a tie vote, then in that event, the mayor and council of said city shall call a special election within ten (10) days; and said special election shall be held in the same manner as any other election, except that no person shall be a candidate in said special election other than those who received the same number of votes in the prior election; and no person shall be allowed to vote in said special election unless he or she shall have been qualified to vote in the regular election held just prior to said special election. Ties. Section 10. Be it further enacted, that all elections held in and for said city under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said city, shall be superintended and managed by a justice of the peace or other judicial officer and two freeholders, or by three freeholders, residents of said city, to be selected by the

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mayor and council; and before entering on their duties as managers they shall take and subscribe the following oath; All and each of us do swear that we will faithfully superintend this day's election; that we are justices of the peace or other judicial officers, or freeholders (as the case may be); that we will make a just and true return thereof, and we will not knowingly permit any one to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly prohibit any one from voting who is by law entitled to vote, said oath to be signed by each manager in the capacity in which he acts. Said oath may be administered by any officer qualified to administer oaths, or the managers may swear each other. The polls to all elections held in and for said city shall be open from 7 o'clock A. M. until 7 o'clock P. M., when they shall be closed, and the managers of said election shall proceed to count the ballots and consolidate the returns of said election and certify the result. They shall keep two lists of voters and two tally-sheets, and shall make a certificate of the result on each tally-sheet; and they shall place one of said lists of voters and one of said tally-sheets, together with the ballots, in an envelope or box, and seal the same and deposit them with the clerk of the Superior Court of Paulding County. The other list of voters and tally-sheet shall be filed by the managers with the mayor and council of said city, who shall meet on the day following said election and declare the result thereof. The clerk of said superior court and the clerk of said city, after the meeting and adjournment of the session of the grand jury of Paulding County, next immediately following said election, shall destroy said list of voters and ballots without inspection, provided no contest be filed or pending. The mayor and council of said city are authorized and empowered to adopt such further reasonable rules for the conduct of elections in said city as they may deem proper. Conduct of elections. Section 11. Be it further enacted, that no person shall be allowed to vote in any election held in said city, except he or she be eligible under the provisions of the Constitution

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and laws of Georgia to vote for members of the General Assembly from the County of Paulding, and unless he shall have bona fide and continuously resided in said City of Dallas, as a citizen thereof, for three months next preceding said election at which he offers to vote, and shall have registered as a qualified voter in the manner hereinafter provided. Qualified voters. Section 12. Be it enacted by the authority aforesaid, that there shall be established in the City of Dallas created by this Act a permanent registration system of the qualified voters of said city: (a) Within thirty (30) days after the approval of this Act, the mayor and council of said city shall provide a suitable book for the permanent registration of qualified voters of said city. On or near the first page of each of such permanent registration books shall be printed or placed the oath prescribed by Subsection (c) of this section. Registration In order that orderly registration may be had and full and complete information made available to the registrars hereinafter provided, separate books for the white and colored races may be provided; and all such books shall be so arranged as to provide for the alphabetical registration (by first letter of surnames only) of voters; and to provide convenient lines and columns for the signatures of voters, followed by notations of the age, sex, race, residence, occupation, and date of registration of each voter, and such data as may be required by the ordinances of said city. (b) The clerk of said city and/or any deputy clerk employed in the office of said clerk, shall have charge of said registration books, and shall open them for registration of voters within ten (10) days after they are provided, and shall cause notice of such facts to be published in one issue of the newspaper in which sheriff's advertisements for Paulding County are published. Said clerk and/or deputy clerk shall keep said books open for registration of qualified voters at all times when the said clerk's office is open for business, except during the

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ten-day period next preceding the date of any election in said city. (c) Every person, before registering, shall take the following oath, which shall be read by or to the person offering to register, viz.: I do solemnly swear that I am eighteen (18) years of age (or will be by the time of the next city election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitle me to vote for members of the General Assembly from the County of Paulding, and that I have bona fide and continuously resided in the City of Dallas, as a citizen thereof for three (3) months (or will have by the time of the next city election). The clerk and/or deputy clerk shall have authority to administer said oath, and thereafter to permit registration of any such person. All persons registering shall sign their full names at the place indicated on the book by the clerk and/or deputy clerk, who shall immediately thereafter enter at the places provided the age, sex, race, etc., of each person registering. (d) No person registering as herein provided, or who is now registered, shall be required to again register as a qualified voter of said city, so long as he or she remains a resident of said city and does not otherwise become disqualified, it being the purpose of this section to provide a permanent registration of the qualified voters of said city. (e) Whenever any election is to be held in and for said city, the said registration books are to be closed ten (10) days before said election and delivered to the mayor of said city, who shall, with the advice and consent of the council, appoint some person or persons, not exceeding three in number, as registrar or registrars. Said registrar or registrars shall be residents of said city, and before entering on their duties shall be sworn to faithfully and impartially perform the duties of their office. It shall be the duty of said registrar or registrars to make from said registration books a list of voters qualified

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to vote in said election, and, in making such lists, to exclude therefrom the names of all persons on the books who have died or removed from the limits of said city, or who have registered less than ten (10) days before the date of such election, or who are otherwise disqualified for any lawful cause; Provided, however, that they shall not exclude the name of any registered person, who is still a resident of said city, from said list as disqualified, without first serving such person with a notice to show cause why his (or her) name should not be excluded. Such notice shall state the time and place of the hearing as to such disqualification, and shall be served on each person at least twelve (12) hours before the time of such hearing (leaving at most notorious place of abode shall be deemed and held to be sufficient service). Such person shall be allowed to appear and submit evidence as to their qualification. Said registrar or registrars shall have power to subpoena witnesses, to compel their attendance and the production of records and documents, administer oaths, and to determine the qualification or disqualification of all voters. After the completion of any such hearing, said registrar or registrars shall strike from the permanent registration books and from the voters' list the names of all persons found to be deceased or disqualified to vote. Thereafter they shall prepare three (3) identical lists of the voters qualified to vote in said election, and certify the same. One copy shall be retained, and two (2) copies shall be filed with the clerk of said city, one of which shall be open to inspection during said clerk's office hours, and the other copy shall be safely kept and delivered to the managers of said election when the polls open. Said registrar or registrars shall complete said lists at least two days before said election. (f) No person shall be allowed to vote in said election whose name does not appear on the list certified by the registrar or registrars, unless he shall produce a certificate signed by the registrar, or a majority of the registrars, that his name was omitted therefrom by accident or mistake.

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(g) The mayor and council shall have full power to define and provide for the punishment of illegal registration and illegal voting, and to provide additional rules and regulations governing the registration of voters. They shall also fix the compensation to be paid by the city to such registrar or registrars, and may designate the clerk of said city to act as a registrar or as one of the registrars provided for under this section if they deem proper. Section 13. Be it further enacted, that the mayor and councilmen elected on the first Wednesday in September, 1957 and every two years thereafter shall on the first Monday in January following each election be installed in office by taking and subscribing the following oath: I do solemnly swear that I will faithfully discharge the duties devolved upon me as mayor or councilman (as the case may be) of the City of Dallas; that I will faithfully execute and enforce the laws of said city to the best of my ability, skill and knowledge; and that I will do all in my power to promote the general welfare of the inhabitants of said city and common interest thereof. And on the first Monday in January of each year thereafter the mayor and councilmen elect, or councilmen elect, shall be installed in office by taking and subscribing said oath. If any such officers fail to be installed on that day, such installation shall take place as soon thereafter as practicable. Oath and installation of mayor and aldermen. Section 14. Be it further enacted, that the mayor shall preside at meetings of the council; he shall not be allowed to vote except in the following instances; (1) in case of the vote by the council on any question or measures; where the council vote in the election of a subordinate officer of said city results in a failure to elect any person to such office, said mayor shall have power to appoint some competent person to fill such office until such time as the council shall by a majority vote elect some person to fill such office. Said mayor shall have the veto power and may veto any ordinance, order, or resolution of the council, in which event the same shall not

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become law or enforceable unless subsequently passed over his veto duly recorded on the minutes. Provided, however, that unless the mayor shall file, in writing, with the clerk his veto of any measure passed by council, together with his reasons fr disapproval, within three days after its passage, said measure shall become a law as though approved by him. The mayor may approve, in writing, any measure passed by the council, and it shall go into effect immediately. Mayor's powers. Section 15. Be it further enacted, that the mayor shall be the chief executive officer of said city; have general supervision of the affairs of said city; and shall see that the laws of said city are executed and that the officers of said city are faithful in the discharge of their duties. He shall cause the books and records of said city and of its officers to be inspected; and shall have control of the marshal and police force of said city, and may appoint special police officers whenever he deems necessary. He may exercise within the corporate limits of said city, all the powers conferred on a sheriff or constable to kep the peace and suppress riot and disorder, and to that end shall have power, when necessary in his opinion, to call on every male inhabitant of said city over eighteen (18) years of age to aid in suppressing riot and disorder and in enforcing the laws of said city. Same. Section 16. Be it further enacted, that the mayor and council of said city shall have full power to fix the time, place and rules of procedure of their regular sessions. And the mayor shall have power to convene the council in special session whenever he deems proper. The mayor and council shall have full and ample power to do and perform any of their duties or powers at a special or called session as at regular session. Meetings of council. Section 17. Be it further enacted, that the mayor and council, annually at their first meeting in January, shall elect one of said councilmen as mayor pro tempore, who shall, in the absence, disability, or disqualification of the mayor, perform all the duties and exercise all the rights, power, and privileges of the office of mayor. Mayor pro tem.

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Section 18. Be it further enacted, that the mayor and council of said city, annually at their first meeting in January of each year or as soon thereafter as practicable, shall elect a clerk, treasurer, marshal (who shall be chief police officer), and as many other police officers as are necessary and proper, in their opinion, for the conduct and supervision of the various departments of said city and for the good government of said city. Each of such officers shall take such oath, give such bond, and perform such duties as the mayor and council may prescribe. Said officers shall be elected for one year, but shall be subject to removal at any time, with or without cause, holding office at the pleasure of the mayor and council. And at said first meeting of the mayor and council aforesaid, they shall fix the salaries of the clerk, treasurer, marshal (who shall be chief police officer), and the other subordinate officers of said city; and also the salaries of the mayor, mayor pro tem., and councilmen, all of which shall be subject to revision at any time. Clerk, treasurer, marshal. (a) Provided that the mayor or a member of the council may or may not be elected to fill any subordinate office such as clerk, treasurer, or marshal or any other subordinate office. Provided further that the mayor and council shall have authority to consolidate any or all of said offices into one office and fix the salary in his discretion. Provided further that the mayor and council shall have authority to create any new office not provided for by this Act which becomes necessary in the conduct of the city's business, in the interest of economy or public safety and welfare. Provided further that the mayor and council shall have authority to fill vacancies in any of the subordinate offices as they occur and remove from office any subordinate officer in their discretion. (b) The salary of the mayor shall not exceed $300.00 per annum; nor that of the mayor pro tem. $200.00 per annum; nor that of any other councilmen $150.00 per annum. All salaries shall be paid annually. Section 19. Be it further enacted, that there shall be

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established in the City of Dallas, created by this Act, a mayor's court, which shall be clothed with all the power and authority usually conferred upon such courts in this State, as well as those hereinafter set forth: (a) Said court shall be held as often as necessary for the trial of offenders. The said mayor shall have authority to preside over said court and perform the duties thereof; and in case of absence or disqualification of the mayor, or whenever he so requests, said court shall be presided over by the mayor pro tem.; and in the absence and/or disqualification of both the mayor and mayor pro tem., any councilman of said city may preside over and hold said court. The clerk of said city shall act as clerk of said court, and the marshal who is the chief police officer of said city or other police officer of said city shall attend said court, and perform all such duties therein and in the enforcement of its sentences as they may be required by ordinances of said city or by the orders of the presiding officer of said court. (b) The jurisdictional limits of said court shall include the corporate limits proper of said city; and said court shall have jurisdiction to try offenses against the laws and ordinances of said city, committed within the said jurisdictional limits. Mayor's court. (c) The mayor, or other presiding officer, when sitting as such court, shall have the power and authority to punish for contempt by fine not exceeding $25.00 and imprisonment in the prison of said city not to exceed ten (10) days, either or both, in the discretion of said court. (d) Upon the conviction of any defendant of violation of any law or ordinance of said city, said court shall have the right to sentence said defendant to pay a fine not exceeding $100.00 and to imprisonment in the prison of said city or in the common jail of Paulding County, not exceeding thirty (30) days, and to work and labor in the city chaingang or on the streets or public works of said city, whether within or without the corporate

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limits, not exceeding thirty (30) days, either or all or any part of all. And all sentences may be in the alternative, and fines may be imposed with the alternative of the other punishment in the event the fines are not paid. Said court shall have power to assess costs against each defendant convicted, to be collected and enforced, in addition to, and in the same manner as fines; all of which costs shall be paid into the city treasury. And said court may issue executions for any unpaid fines and costs, to be enforced in the same manner as ad valorem tax executions are enforced. (e) All cases made in said court shall be in the name of the City of Dallas; all warrants for offenses against the laws and ordinances of said city shall be signed by the presiding officer of said court, or the mayor of said city, or some officer authorized by law to issue State warrants; and all other processes of said court, including subpoenas, summonses, etc., shall be signed by the clerk, deputy clerk, if one should be elected or employed, or marshal, and shall bear teste in the name of the mayor or the presiding officer of said court. (f) The mayor, or other presiding officer, shall have power to administer oaths and perform all other acts necessary or proper in the conduct of said court and, where it appears that a State law has been violated, shall have power to bind the offender over to the proper court of Paulding County for trial, to assess bail for his appearance, and to commit to the jail of Paulding County, in default of bond. (g) Said court shall have the right to compel the attendance of witnesses, either within or without the jurisdictional limits of said city; and may issue attachments where necessary to secure the attendance of witnesses, which may be served by any sheriff, deputy sheriff or any constable in any county in this State; but said city shall not be required to incur any expense in securing the attendance of any non-resident subpoenaed by a defendant.

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(h) Said court shall have the power to fix bail, accept bond for the appearance of defendants, and to forfeit and enforce collection of said bonds. Upon failure of a defendant to appear in accordance with the terms of his bond, he shall be solemnly called to come into court and his bail shall be warned to produce the body of his principal; and on the failure to do so, said court shall issue a scire facias directed to the marshal and other police officers of said city and to all and singular the sheriffs, their lawful deputies, and constables of said State, and be served upon said principal as soon as possible and upon his surety, which scire facias shall be returnable upon a date fixed in said scire facias, not earlier than 30 days thereafter; that upon failure to show good cause, a rule absolute issue on that date and be enforced in the same manner as tax executions are enforced in said city. And where any person charged with an offense against the laws or ordinances of said city has deposited or had deposited in his behalf cash in lieu of a bond for his appearance, and fails to appear at the time appointed to answer said charge, said court shall have power to forfeit said cash bond instanter and order same paid into the treasury of said city. Said court shall have power to issue warrants for the re-arrest of any defendant whose bond has been forfeited. (i) Said court shall have full power and authority, and the mayor and council are hereby empowered to adopt, such rules and regulations as may be necessary to perfect the functions of said court and the enforcement of its judgments. Section 20. Be it further enacted, that any person convicted in said mayor's court for violation of any of the laws or ordinances of said city shall have the right of certiorari to the Superior Court of Paulding County, Georgia, in the manner provided by the law, as set out and embodied in Chapter 19 of the Georgia Code, 1933, being Section 19-201 et seq. Certiorari. Section 21. Be it further enacted, that the mayor of

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said city is hereby authorized to issue warrants for the arrest of all persons charged, upon affidavits before him made, with having committed, within the corporate limits of the City of Dallas, offenses against any law or ordinances of said city or offenses against any penal law of this State. He shall have the authority to take the examination of any person charged with a State offense, and the same to discharge, or commit to prison, or let to bail, according to law, to answer such charge before the proper court having jurisdiction, in the same manner as justices of the several counties of this State nor or may hereafter have by law. All of said warrants shall be addressed to the marshal (or other police officers), and to all and singular the sheriffs, deputy sheriffs and constables of this State, any one of whom shall have authority to execute said warrants. Arrests. Section 22. Be it further enacted, that it shall be lawful for the marshal or other police officers of said city to arrest without warrant any person or persons within the corporate limits of said city, for an offense against or violation of the laws and ordinances of said city, or for a crime against the penal laws of said State if the offense is committed in his presence, or the offender is endeavoring to escape, or for other cause there is likely to be a failure of justice for want of an officer to issue a warrant. And in such cases when any offender against the laws or ordinances of said city who, after committing said offense seeks to flee and escape, the marshal or other police officer are empowered to pursue and arrest him without warrant. Arrests. Section 23. Be it further enacted, that the marshal or other police officer of said city shall have the right, power, and privilege to release any person arrested within the corporate limits of said city for an offense against the laws and ordinances of said city, upon said person giving bond, to be approved by the marshal or mayor of said city, payable to the City of Dallas, conditioned to pay the obligee in said bond an amount fixed by the marshal or the mayor of said city, in the event said person

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arrested does not appear before the mayor's court at the time and place specified in said bond, and from time to time, until said person is tried for the offense for which he or she was arrested. Appearance bonds. Section 24. Be it further enacted, that the mayor and council of said city have power to control the finances and property of said city, to appropriate money, and to provide for the payment of the debts and expense of the corporation. Finances. Section 25. Be it further enacted, that the mayor and council of said city are hereby authorized and empowered to provide by ordinance for the assessment, and collection of ad valorem taxes on all property, real and personal, within the corporate limits of said city, and upon all goods, chattels, moneys, and choses in action whose owners reside within the corporate limits of said city, for ordinary current expenses of said city a tax not exceeding two ($2.00) dollars on each one hundred ($100.00) dollars of taxable property, as assessed in the manner herein provided; and for the paving and macadamizing of streets and sidewalks and for the payment of the principal and interest of the public debt of said city, bonded or otherwise, such additional tax as may be necessary and proper. And to levy and collect an additional tax, to the above, a tax of one mill or ten cents ($0.10) on each one hundred ($100.00) dollars taxable property, assessed in the manner herein provided, for the purpose of repairing and maintaining the Dallas cemetery or so much or part thereof as may be needed for cemetery purposes. All monies collected under this cemetery levy and purpose shall be used and expended for the repair and maintenance of the Dallas cemetery and for no other purpose. Taxation. Said taxes shall have the same lien and priority as taxes due the State and county, except that they shall be postponed thereto. Section 25 (a). Be it further enacted by the General

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Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the mayor and council of the City of Dallas may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the fences, buildings, or other structures; or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council of said city shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section. Zoning. Section 26. Be it further enacted, that all persons owning property in said city shall be required to make a return under oath, annually, to the board of tax assessors of said city, of all their property, real and personal. Subject to taxation by said city, as of April 1 of each year; and the books for recording same shall be open on April 1 and close on June 1 of each year. Said property shall be returned by the property owner on blanks furnished for that purpose at the fair market value thereof. Tax returns. Section 27. Be it further enacted, that the mayor and

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council of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city as a board of tax assessors. The mayor and council shall fix the per diem compensation of said tax assessors, which shall not exceed eight ($8.00) per day for each tax assessor. Vacancies on said board may be filled by the mayor and council as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said tax assessor to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax return made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her, or its real estate or personal property, as hereinafter required, by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. They shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and council; when their return is made, said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid, to his last known address shall constitute legal notice to him. Assessments. (a) Any person dissatisfied with the assessment made

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on any of his property under the provisions of this Act shall have the right of appeal from the same to the mayor and council of said city, Provided said appeal be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount at which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and council at their next regular meeting, unless continued for cause, and their decision shall be final. The mayor and council of said city shall have power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. (b) The mayor and council shall also have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Section 28. Be it further enacted, that the mayor and council of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and constables of said State, shall have authority to execute same by levy and sale and the other means provided by Chapters 92-43 and 92-44 of Georgia Code, 1933, Sections 93-4301 et seq. and 92-4401 et seq. Collection of taxes. Section 29. Be it further enacted, that the mayor and council of the City of Dallas, created by this Act, shall have full power and authority to license, regulate, control,

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or prohibit theatrical exhibitions, merry-go-rounds, circuses, dance halls, skating rinks, shows and exhibitions of all kinds, drays, automobiles, jitneys, trucks, taxis, and public and private vehicles of all kinds; traveling vendors of patent medicines, sops, notions, and all other articles; also hotels, boarding houses, restaurants, lunch stands, drinking stands, fish stands or markets, meat markets, mercantile establishments, chain stores, laundries, billiard, pool, and other kind of tables, tenpins, shooting galleries, and bowling alleys, slot machines or any games operated by coin-in-slot devices for carrying on games; also bakeries, dairies, barber shops, livery stables, sales stables, slaughter houses, tanyards, garage or motor vehicle repair shops, blacksmith shops, gins, sawmills, planing mills; also auctioneers, peddlers, and pawn brokers; all agents of fire, health, accident, indemnity, casualty, and life insurance companies; the sale of all kinds of beverages, cigars, cigarettes, and tobacco products of all kinds; also dealers in and/or dispensers of gasoline, either at wholesale or retail, from tanks, or otherwise; and all businesses, occupations, professions, callings, trades or avocations, which under the laws of this State are subject to license. And under the laws of this State are subject to license. And said mayor and council shall have the power to require registration of, and to assess and collect a license tax on all such businesses, etc., and all other businesses, trades, professions, occupations, or callings conducted or engaged in within the corporate limits of said city, and such occupation tax or license tax shall constitute a lien upon all the property of the taxpayer or person liable, and shall take rank and be enforceabble by execution in the same manner as ad valorem taxes due said city; and said city may require the registration of, and payment of license tax on, all such businesses, etc., as a prerequisite to the right to operate or engage in said business in said city, and shall have power to punish any one conducting or engaging in any such business, etc., without first registering and paying said license taxes. Said mayor and council shall have full and complete power to provide by ordinance for classification of all classes and businesses, and

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all other rules and regulations necessary and proper in the premises. Control of businesses. Section 30. Be it further enacted, that said mayor and council may revoke the license of, and prohibit the operation of, any business or establishment to which a license may have been granted, in the event the same becomes a nuisance or is dangerous and injurious to the health or morals of the people of said city. Said mayor and council are hereby authorized and empowered to define the prohibit unfair competition on the part of any person or corporation seeking to do business or doing business in said city, and to refuse to grant a license to any person or corporation who manifestly intends to engage in unfair competition therein, and to revoke the license of any person or corporation who engages in unfair competition. But no license shall be revoked without giving notice and affording such person or corporation an opportunity to be heard. Revocation of licenses. Section 31. Be it further enacted, that the mayor and council of said city are hereby authorized to assess, levy and collect a sanitary tax and to create and maintain a sanitary department, elect its officers and employees, prescribe their duties and fix their salaries. They shall have the right by ordinance to prescribe sanitary regulations for the said City of Dallas, and to fix a fee and collect the same against any person, firm or corporation domiciled within the corporate limits of said city for whom the sanitary department may render services. Sanitation. Section 32. Be it further enacted, that the mayor and council of said city are hereby vested with full power and authority to establish, equip, maintain, modify, extend, and improve, a system of sewerage and drains in said City of Dallas, and to adopt by ordinance such regulations as may be needful and necessary in connection with the same, including such charges as may in the discretion of said mayor and council seem reasonable and proper for sewer connections and/or service, which said charges shall be enforceable in the same manner that charges for water furnished by said city are enforced. Sewerage system.

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Section 33. Be it further enacted, that the mayor and council of the City of Dallas, created by this Act, shall have full power and authority in their discretion, to grade, pave, macadamize, and otherwise improve for travel and drainage the steets, sidewalks, and public lanes and alleys of said city; to put down curbing, cross drains, crossings, intersections, and otherwise improve the same. In order to carry into effect the authority above delegated, the Act of the General Assembly of Georgia, approved August 25, 1927 (Acts of 1927, pp. 321-335), providing a method for making improvements in municipalities having a population of 600 or more population, which said Act has been adopted in the manner provided therein, in said City of Dllas, is hereby adopted and made a part of this Act, and the mayor and council of the City of Dallas, created by this Act, are hereby made the governing body referred to and authorized to act under the terms of said Act hereby adopted and made a part thereof. Streets, sidewalks, etc. (a) In all cases where street paving or repairing is contemplated on any street in said city, in which watermains, sewers, pipes, or electric wiring conduits are laid, or are to be laid, said city shall have the power to extend such mains, sewers, pipes, etc., from the main line to the property line, to thereafter avoid the necessity of tearing up or damaging said paving, to make house connections, and to assess and collect the cost of making such property line extensions against the property to which said connections are made, and in the same manner as assessments for street paving are made and collected. Section 34. Be it further enacted, that the mayor and council of said City of Dallas shall have full power and authority to furnish water, electric lights and power, gas, heat, and other public utility service for the public use of said city, and for private use and charge therefor; to own, construct, enlarge, operate, and maintain a system of waterworks and sewerage, a system of electric light and power lines, a system for the manufacturing and/or supplying gas and/or heat, and any other public utility

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system or plants; to purchase or generate electric energy; and to maintain the supplying of said public utility service. Utility systems. Section 35. Be it further enacted, that the mayor and council of said City of Dallas shall have full power and authority to regulate and enforce the collection of and insure payment of, charges for supplying of water, electric lights or power energy, gas, heat, and sewer service, by the following methods: (a) By making said charges for water, electric energy, gas, heat and sewer service a charge upon the property or real estate served, and in case prompt payment is not made for any such service, they may provide that the water, electric light and power energy, gas, heat, or sewer services shall be shut off from the building, place, or premises, and shall not be compelled to again supply said building, place or premises, until said arrears, with interest thereon, is fully paid; and further they may provide for the issuance of an execution for the unpaid charges for water, electric energy, gas, heat, or sewer service against the real estate served and the owner thereof, which shall be a lien on said real estate, and enforceable in the same manner as ad valorem taxes are enforced. Provided, however, that such charges shall not be a charge upon the real estate served where the tenant or other person in possession or having the right to possession and use of such real estate has by contract agreed to pay for such charges. Utility systems. (b) Said mayor and council shall have full power to require prompt payment in advance for all water, electric energy, gas, heat, and sewer service furnished by said city; or require of each consumer or person served a reasonable deposit, which may be varied according to the estimated consumption, to insure the prompt payment for such service; and shut off and refuse to furnish water, electric energy, gas, heat, and sewer service, where payment in advance, or deposit, as the case may be, is not promptly made; and to enforce by execution against

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any consumer or person served, in the same manner as ad valorem taxes are enforced, any unpaid charges for water, electric energy, gas, heat, or sewer service. Should any consumer fail to pay all water, or electric light, gas, heat, or sewer charges due by him to said city, then the said city may cut off water, light, gas, heat, or sewer services from the premises and, should he move to another place in said city, refuse to furnish such service at the new place of residence unless and until all past due accounts are paid in full. (c) Said mayor and council shall have power to adopt all necessary ordinances to put either method in force in said city, and to change from one method to the other in their discretion, and to adopt such methods of enforcing said charges as they may deem necessary and proper. (d) The provisions of this section shall be applicable to charges for any public utility-service provided or furnished by said city, including water, electric energy, gas, heat, and sewer service, and the enumeration of particular classes of service shall not be construed as to exclude any other service that may be provided or furnished by said city, from the operation and provisions of this Act. Section 36. Be it further enacted, that said mayor and council are authorized to enact any and all ordinances, rules, and regulations, necessary to lay out and prescribe a fire district in said city, and to enlarge, change, or modify its limits from time to time; to prescribe when, how, and of what material buildings in said limits may be erected, repaired, or covered, how thick the walls may be, how the chimneys, stoves, pipes, and flues are to be constructed; to provide for [Illegible Text] escapes in said buildings; and generally to do all such things and to pass such laws and ordinances as the mayor and council may deem necessary in order to protect said city as far as possible from fire, and to prevent the spread of fire from one building to another, and for the protection

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and safety of the people. They shall also have the authority to order any changes in the construction or arrangement of buildings, chimneys, stove pipes, or flues and to order the removal thereof when in their judgment the same are dangerous or likely to become so, and to make the owner of the premises pay the expenses of such changes or removal, which expense may be collected as taxes are collected; and if any person, firm or corporation shall erect or maintain any building that is not in accordance with the laws and ordinances of said city, the mayor and council may order such building removed or altered and if such person, firm or corporation shall not remove or alter such buildings after notice to do so, as may be prescribed, then said mayor and council shall have authority to remove or alter the same at the expense of the owner, which expense may be collected by execution issued and enforced in the same manner that executions for ad valorem taxes are enforced. Fire protection. Section 37. Be it further enacted, that the mayor and council of said city may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height of the buildings, fences, or other structures, or the area or dimensions of lots or of the yards used in connection with buildings or other structures, or for the purpose of regulating the alignment of buildings or other structures near street frontages. The zoning regulations may be based upon one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and council shall deem best suited to accomplish the purpose of the zoning regulations. In the determinations and establishment of districts and regulations, classification may be based on the nature or character of the trade, industry, or other activity conducted, or to be

Page 2977

conducted, upon the premises; the number of persons, families, or other group units to reside in or use buildings; the public, quasi-public, or private nature of the use of premises; or upon any other basis or bases relevant to the promotion of the public health, safety, order, morals, conveniences, prosperity, or welfare. Said mayor and council may provide by ordinance for a zoning commission to be composed of not more than three members to be elected by said mayor and council and to prescribe their powers and duties; and are authorized to provide the method of appeal from finding of said zoning commission; and to provide for a board of zoning appeals, to be elected by said mayor and council, to hear such appeals, and to provide their powers and duties; and to provide for the right of certiorari from said board of zoning appeals to the Superior Court of Paulding County. Zoning. Section 38. Be it further enacted, that in addition to the power and authority vested in the mayor and council of said City of Dallas, created by this Act, by the general laws of this State, and to those heretofore and herein granted by this Act, the said mayor and council are hereby authorized and empowered to adopt such ordinances and regulations as they may deem proper, not in conflict with the Constitution and laws of the United States or of this State: (a) To protect and advance the morals of said city; to secure peace, good order, and quiet in said city; and to protect health of said city, to prevent the spread of and to suppress infectious, contagious, or dangerous diseases in said city; (b) To create and elect a board of health in said city and to prescribe its powers and duties, and to maintain said board; to provide for the quarantine in, and treatment of contagious, infectious, or dangerous diseases, either in or outside of said city, and to cooperate in the management and control of any public hospital or clinic for treatment generally of diseases and accidents, and to contribute money to the same;

Page 2978

(c) To own and regulate cemeteries and parks, either within or without said city, to establish, control, and govern a municipal market in the said city, to own or contribute to the support and maintenance of swimming pool, golf links, parks and playgrounds, either within or without the corporate limits of said city; (d) To regulate and prohibit the keeping of explosives and other dangerous substances in the fire limits and at other places in said city; to regulate or prohibit sale and shooting of fireworks and other explosives in said city; and to regulate the erection and maintenance of steam boilers and electrical apparatus in said city; General welfare powers. (e) To regulate the character of buildings to be erected in said city, and to adopt and enforce building requirements and/or permits, and to condemn buildings which are or may become dangerous to life or health, and require the removal or repair of same and to regulate plumbing and electric wiring in structures in said city; (f) To prevent or condemn encroachment or obstructions in, upon, or over any sidewalk, street, or alley, and to require removal of such; (g) To grant franchises, easements, and rights-of-way over, in, under, or along the public streets, sidewalks, alleys, parks, or other property of said city, on such terms and conditions as said mayor and council may prescribe; and to regulate all public services or utility corporations doing business in said city in any manner not in conflict with State or Federal law; (h) To establish, equip, and maintain a fire department; (i) To define and prohibit nuisances within the corporate limits of said city, and to prescribe the mode of trial for all nuisance cases, and to abate the same; (j) To provide, equip, and maintain a prison and

Page 2979

chaingang, and to regulate the same; and to provide for the working of convicts on the streets of said city, or any public works of said city, both within and without the corporate limits; (k) To prescribe and regulate the use of its streets and to classify said streets, and regulate the use thereof according to such classifications; to prohibit the sale or barter of any merchandise or thing from any stand, vehicle, or conveyance on the public streets, sidewalks, or ways of said city; to limit and regulate the speed of all animals, vehicles, or motor vehicles on said streets and the operation thereof; to prescribe and regulate the fees of drays, hacks, taxis, jitneys, and transfer companies operating in said city, and to regulate the operation thereof; (l) To suppress and prohibit houses where illegal, immoral, or disorderly practices are had; (m) To lay out and open new streets and alleys in said city; and to change the grades thereof; (n) To provide a uniform scale of costs of the clerk and police officers of said city for all service in the arrest and prosecution of offenders in the mayor's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury; (o) To require connection with water and/or sewerage by property owners whose property abut on streets having water and/or sewer mains therein. Section 39. Be it further enacted, that the mayor and council of said City of Dallas shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalk, parks, and playgrounds; for rights-of-way for any electric light, water supply, gas, or sewer line, or sewerage disposal plant; for sites for the building or enlarging of

Page 2980

any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and council shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor, administrator, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code, 1933, Section 36-301, et seq. Eminent domain. Section 40. Be it further enacted, that the mayor and council of said city shall have power and authority to contract debts and issue bonds of said city as the valid obligations thereof, under and in accordance with the limitations provided in the Constitution and laws of said State, for the purpose of refunding valid existing debts, establishing, improving, and maintaining a water supply system, establishing, improving and maintaining a sewerage system, a system of lights or electric power, and other public service or utility system, for the paving or otherwise improving streets, sidewalks or public places, and for any other improvement, convenience, or necessity for the use of said city or the citizens thereof, or for any other lawful purposes. Indebtedness. Section 41. Be it further enacted, that all ordinances now in force in said city, except where they are in direct conflict with the provisions of this Act, shall remain of full force and effect unless and until they are repealed or superseded by other ordinances passed by the mayor and council of the City of Dallas, created by this Act. Existing ordinances. Section 42. Be it further enacted, that if for any reason

Page 2981

any section, provision, clause, sentence, phrase, word, or any part of this Act shall be held to be unconstitutional or invalid, then that fact shall not effect or destroy the validity or constitutionality of any other section, provision, clause, or part of this Act which is not in and of itself unconstitutional or invalid, and the remaining portions of this Act shall be enforced without regard to the provisions, clause, or part so held to be invalid or unconstitutional. Section 43. Be it further enacted, that the enumeration of powers contained in this Act shall not be considered as restrictive; but the mayor and council of the City of Dallas, and the authorities of said city, may exercise all powers, rights, and jurisdictions as they might if such enumeration were not made, and the council may pass all laws and ordinances, rules, and regulations they may deem needful and proper for the general welfare and protection of said city; and where under this charter rights are conferred or powers granted, but the manner of exercising them is not fully defined, the council may prescribe additional regulations and modes of procedure, not repugnant to the interest and purpose of this Act or the laws of this State. Section 44. Be it further enacted, that all Acts of the General Assembly heretofore passed incorporating the City of Dallas, and all amendments thereto, and conferring powers on the same, are hereby consolidated into and superseded by this Act; and all provisions of former Acts which are inconsistent with and at variance with this Act are hereby expressly repealed; and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Georgia, Paulding County. The undersigned, one of the publishers of the Dallas New Era, hereby certifies that he is a partner of and one of the publishers and editors of the Dallas New Era, a newspaper published in Dallas, Paulding County, Georgia, in which the sheriff's advertisements for Paulding

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County are published, and he does furter certify that an exact copy of the attached and foregoing notice was published in the Dallas New Era on January 5, 12 and 19, 1956. This 31st day of January, 1956. /s/ T. E. Parker, T. E. Parker, Partner Editor and Publisher, Dallas New Era. Sworn to and subscribed before me, this 31st day of January, 1956. /s/ Florrie Jo Cook Notary Public, Paulding County, Georgia. My commission expires April 15, 1959. (Seal Affixed). Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned will introduce at the 1956 session of the General Assembly of Georgia a bill to be entitled an Act to amend, consolidate, and supersede the several Acts incorporating the City of Dallas in the County of Paulding, State of Georgia; to create a new charter and municipal government for said city; to define the corporate limits of said city; to vest in said City of Dallas all properties and rights of the former City of Dallas; and to confirm the title of said city to any property heretofore acquired without charter authority; to provide for and describe the city limits; to divide and partition said city into wards; to authorize said city to acquire and own property, either within or without the corporate limits, for any corporate purposes; to regulate and limit the sale of property in said city; to provide that all valid obligations of the City of Dallas shall be binding on the City of Dallas hereby incorporated; to provide that the present mayor and council, and all subordinate officers, of the City of Dallas serve until election and qualifications of the officers herein provided for; to provide that all ordinances now

Page 2983

in force in said city, not in conflict with this charter, shall remain in force until repealed or superseded; to provide for a mayor and council, and other officials and employees of said city, and to prescribe their qualifications, manner of election, term of office, powers, rights, privileges, and duties; to limit the salaries of mayor and council, certain powers, duties and privileges; to provide for all elections in and for said city and the method of holding said elections, and the qualifications of voters; to provide a system for the permanent registration of qualified voters of said city and for the purging of disqualified voters' names from the registration books and voters' list, after notice and hearing by a registrar, whose election by the mayor and council, and the powers and duties of said registrar are herein provided; to provide a mayor's court, and for the trial and punishment therein of all offenders against the laws and ordinances of said city, and to prescribe the powers and duties of said court and the method of appeal therefrom; to provide a system of taxation for said city and to confer upon said City of Dallas hereby incorporated all necessary authority to assess, levy, and collect ad valorem taxes on all property taxable therein for the purposes allowed by State law, and to provide for a board of tax assessors, to require the return of all property for taxation, and to provide for the assessment of all returned and unreturned property by said tax assessors, and the method of appeal from their findings; to authorize said city to regulate, control, and prohibit all kinds of business, trades, and professions, shows, exhibitions and entertainments, and for the taxation and licensing thereof; to authorize said city to define and punish unfair competition on the part of any person or corporation doing business in said city, and to provide for the revocation of licenses of persons or corporations guilty thereof; to authorize said city to establish fire limits, and to establish a system of zoning in said city, and to provide the method thereof; to provide for the granting of franchises and encroachments on the streets of said city, and to provide rules and regulations for public service corporations operating in said city; to authorize said city to establish a board of health;

Page 2984

to confer upon said city all necessary authority to establish, maintain, extend, and improve a system of sewerage and drains in said city; to authorize said city to require connection with water and sewer lines, and to enforce the charges therefor against property served, as taxes are enforced; to provide for opening and laying out, establishing, maintaining, and improving, and paving streets, avenues, lanes, alleys, sidewalks, and crossings in said city; to authorize said city to pave and otherwise improve for travel and drainage, streets and sidewalks of said city, and to assess the cost thereof, including intersections in the discretion of the mayor and council of said city, against abutting property thereon, and fixing the lien and manner of assessments of such collections; to authorize said city to supply water and electric light and power and gas for public purposes and to its citizens, and to charge therefor, and to maintain public utility systems of all kinds; to authorize said city to enforce collection of water, light, gas, and sewer bills as charges against the premises served, and to cut off services from the premises served where such bills are unpaid, and to authorize said city to require deposits to insure the payment of such bills providing two methods of securing collection of such bills; to provide for a fire department; to provide for cemeteries, public parks, public buildings and improvements; to provide for the abatement of nuisances within the corporate limits of said city; to provide for the working of convicts within and without said city, and for chaingang and prisons; to authorize said city to contract debts and to issue bonds and revenue certificates in the manner provided by State law, for any lawful corporate purpose or improvement; to authorize said city to condemn property, either within or without the corporate limits thereof, for any lawful public and corporate use of said city, when necessary or proper in the judgment of the mayor and council, and in the manner provided by State law; to provide the police powers of said city, and the powers and duties of its police officers; to provide in the mayor and council full and complete power and authority to do and perform all acts necessary and proper for the welfare of said city, and

Page 2985

for the exercises of the powers and duties herein conferred; to repeal Acts and parts of Acts incorporating said city, in conflict herewith; to create a new charter for said City of Dallas and declare the rights and powers of said corporation; and for other purposes. George T. Bagby, Representative, Paulding County. Approved March 6, 1956. WINDERRECORDER. No. 315 (House Bill No. 489). An Act to amend An Act to provide and establish a new charter for City of Winder, approved August 4, 1917, (Ga. L. 1917, pp. 926 et seq.) and the several Acts amendatory thereof, so as to provide a recorder, a judicial officer, for the police and mayor's court of City of Winder; to provide for qualification and eligibility, and the terms of office thereof, and powers and duties thereof; and to provide compensation and salary thereof; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. That Section 15 of said charter of City of Winder as found in Georgia Laws 1917 at pages 935 et seq., be amended by striking said Section 15 in its entirety and inserting a new Section 15 which shall read as follows: Sec. 15, Act of 1917, amended. Section 15. Be it further enacted, that there shall be elected annually by the mayor and council a mayor pro tem., clerk of City of Winder, who shall be ex officio treasurer, a tax assessor or assessors, a city attorney, superintendent of water and light plant, chief of police,

Page 2986

and such other officers and men as may be necessary to constitute the police force in the city, and also such other officer or officers, agents and servants of the city, as the city council shall consider necessary, who shall each hold office for one year, or until his successor is elected and qualified, unless removed for cause to be judged by the mayor and councilmen. They shall receive a reasonable sum as compensation for their services to be fixed by the mayor and council preceding every election, which shall not be increased or diminished during their continuance in office. Their duties shall be prescribed by ordinance. On entering upon the discharge of their duties they shall each take and subscribe an oath to faithfully perform the duties of their respective offices, and they shall each enter into bond, with good security, payable to the City of Winder, in such amount as may be fixed by the city council, for the faithful performance of their duties. The mayor and council may also appoint special policemen, when, in their judgment, such appointment may be necessary; such policemen to be discharged when the emergency requiring their services is past, and to be compensated as the mayor and council may determine. The mayor shall annually appoint standing committees of the city council whose duties and powers shall be fixed by ordinance. All officers, agents and servants of the city appointed or elected by the city council shall at all times be subject to the jurisdiction of the same and amenable to their discipline, and the city council shall have the power at any time to suspend, fine, or remove any of said persons from office or positions held by them, respectively, by a majority vote for any cause that may seem just and proper, after such person is appraised of the charges against him and given a fair opportunity to be heard. The mayor and council shall also have power and authority by ordinance to establish a board of health for said city, and also such other boards as they may from time to time deem expedient, and place different departments or branches of the government, functions, administration and work of the city under the charge, management and supervision of such boards, respectively, and to define their powers and duties and to appoint the

Page 2987

members of such boards and to prescribe their compensation, and to adopt appropriate ordinances for the government and regulation of the same. The mayor shall have the right to vote in the election of all officers and servants of the city who are elected by the city council in case of a tie vote. The mayor and council shall also have authority to designate a city depository in which the funds of the City of Winder shall be kept, and also to require the holders of such funds to place them in said depository notwithstanding such keeper of funds may be under bond, but the said depository shall give a good and sufficient indemnity bond to be approved by the mayor and council of the City of Winder, conditioned to save said City of Winder from any loss of such funds due to failure of said depository to honor legal vouchers on said funds, whether such failure is due to the insolvency of said depository or not. In addition to the officers already mentioned in this section, the mayor and council of the City of Winder shall have the right, by ordinance, to provide for, and elect under the provisions of such ordinance, a recorder for the City of Winder, a judicial officer to try cases in the police court in lieu of the mayor and mayor pro tem., and to fix his salary and compensation and same to be paid in part or in whole from taxes of the City of Winder. Recorder Section 2. Be it further enacted by authority aforesaid, that Paragraph 1, that is to say the first paragraph of Section 62 of said charter of the City of Winder, as found in Georgia Laws 1917 at pages 968 et seq., be amended by striking said Paragraph One of said Section 62 in its entirety and inserting a new Paragraph One of said Section 62 which shall read as follows: Section 62. Be it enacted, that after the question has been determined and provided for in ordinance duly adopted by the mayor and council of the City of Winder, as already herein provided, a judicial officer to be known as recorder, may be elected by the mayor and council of said City of Winder in the manner other officers of said city are now elected. The recorder shall hold his office

Page 2988

from the date of his election and qualification until the first Wednesday in January of the year succeeding his election. Beginning with the general election to be held for the election of mayor and councilmen, on the first Wednesday in January, 1957, and at the general election held for the municipal officers every two years thereafter, there may be elected a recorder in the same manner now provided for the election of the municipal officers of said city, who shall hold office for two years, or until his successor is elected and qualified. Recorder. Section 3. Be it further enacted by authority aforesaid, that Paragraph 4, that is to say the paragraph numbered 4, of Section 62 of said charter of the City of Winder, as found in Georgia Laws 1917, at page 969, be amended by striking said Paragraph 4 of said Section 62 in its entirety and inserting a new Paragraph 4 of said Section 62 which shall read as follows: 4. The recorder shall be paid compensation and salary, same to be paid monthly, to be fixed by ordinance by the mayor and council of the City of Winder, and the same shall not be increased or decreased during his term of office. Before entering upon his duties of office he shall take and subscribe the following oath, which shall be entered upon the minutes of the city council, to wit: I solemnly swear that I will uprightly demean myself as recorder of the City of Winder, and that I will faithfully and impartially discharge all the duties incumbent on me as presiding judge of the police court of said city, according to my best ability and understanding, and agreeable to the laws and Constitution of the United States and of the State of Georgia and the charter and ordinances of the City of Winder, so help me God. Compensation. Oath. Section 4. Be it further enacted by authority aforesaid, that all laws and parts of laws in conflict herewith are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given by City of Winder of intention to apply for local legislation at the next regular session of the General Assembly of Georgia, convening in January 1956, to amend an act to provide and create a new charter for the City of Winder, in Barrow County, (Ga. L. 1917, pp. 926 to 972 inclusive), and Acts amendatory thereof, for the purpose of providing a recorder, a judicial officer for the police court of City of Winder, to provide for qualifications and eligibility thereof and the terms of office and election thereof, and the powers and duties thereof, and to provide compensation and salary thereof; and that any pertinent amendment to this proposed legislation may be offered and notice thereof is hereby given; and for other purposes. City of Winder, By Mayor and Council, By J. Guy Ouzts, Mayor. Georgia, Fulton County. Personally appeard before me, the undersigned authority, duly authorized to administer oaths, Robert L. Russell, Jr., who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is the official organ of said county, on the following dates: Dec. 28, 1955, Jan. 4, 1956, Jan. 11, 1956. /s/ Robert L. Russell, Jr., Representative, Barrow County. Sworn to and subscribed before me this 6 day of February 1956. /s/ Janette Hirsch Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 6, 1956.

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PENSION SYSTEM IN CERTAIN COUNTIES. No. 316 (House Bill No. 537). An Act to amend an Act entitled an Act for the protection of the pension rights of county employees, county school district teachers and employees and employees of the largest city located in whole or in part in counties of the population of 300,000 or more according to the last or any future United States decennial census; to provide pension credits for prior service with subdivisions of government; to provide for transfer of employees' contributions and matching funds between pension funds of such subdivisions of government; and for other purposes (Ga. L., Nov.-Dec. Sess., 1953, pp. 3000, et seq.), so as to provide for credit for prior service; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the said Act, described in the caption hereof, be and the same is hereby amended as follows: Section 1. Any officer or employee of the city, who was transferred to the city from the county or the board of education for the county, under the Plan of Improvement or as a result of the extension of the corporate limits of such city, may receive credit for any time of service which would have been creditable to his account under the pension law applicable to his service prior to his transfer to the city by giving written notice on or before June 30, 1956 to the secretary of the pension board of such city by which he is employed and by paying into the pension fund thereof a sum representing the contribution which he should have made had he been a member of its pension plan during the years in question, plus interest thereon at 3% per annum, which may be paid in 50 equal installments, bearing interest at the rate of 3% per annum. Acts of 1953 amended.

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Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1956. FULTON COUNTY JUDGES' AND SOLICITOR-GENERALS' RETIREMENT FUND. No. 317 (House Bill No. 567). An Act to amend An Act to provide for the retirement of the Judges and the Solicitor-General of the Criminl Court of Fulton County, the Judges of the Civil Court of Fulton and the Judge of the Juvenile Court of Fulton County, under certain terms and conditions as prescribed in this Act; to provide that such judges and solicitor-general may, after having served continuously in either or both offices for twenty (20) years, be, at his or their option, entitled to retire by filing with the Governor of Georgia declaration in writing, advising the Governor that such judges or solicitor-general are retiring under the provisions of this Act; to provide that upon such retirement the said judge or judges and/or solicitor-general shall be paid for and during the remainder of his life, by Fulton County, Georgia, and/or its authority, a retirement salary which shall be in each instance, a sum equal to one-half of the salary of such retiring judge or solicitor as he or they may be receiving under the law at the time of his or their retirement; to provide the manner and method of its payment; to create the Judges' and Solicitor-Generals' Retirement Fund of Fulton County; to provide for trustees thereof; to provide for payments into and disbursements from said fund; to repeal all laws in conflict herewith, and for other purposes, approved January 31, 1946, as heretofore amended, so as to provide for the retirement of the Judges and Solicitors-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County,

Page 2992

and the Judge of the Juvenile Court of Fulton County, assistants and deputies in the office of the Solicitor-General of the Criminal Court of Fulton County, upon their permanent and total disability after at least ten years of qualifying service; to fix the amount of retirement pay such permanently, totally disabled officers shall receive upon such retirement; to provide for a widow of an officer covered by said Act as amended to receive, during widowhood, one-half the retirement pay to which her husband was entitled at the time of his death; to provide that the husband shall make certain payments into the Judges' and Solicitor-General's Retirement Fund of Fulton County in order to qualify for his widow to receive such payments; to provide the terms and conditions under which such widow may receive such benefits; to provide a period by which officers coming within the provisions of said Act who have not heretofore qualified for benefits thereunder to qualify and become eligible for the pensions provided in the Act as amended, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, that from and after the passage of this Act the Act entitled An Act to provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, under certain terms and conditions as prescribed in this Act; to provide that such judges and solicitor-general may, after having served continuously in either or both offices for twenty (20) years, be, at his or their option, entitled to retire by filing with the Governor of Georgia a declaration in writing, advising the Governor that such judges or solicitor-general are retiring under the provisions of this Act; to provide that upon such retirement the said judge or judges and/or solicitor-general shall be paid for and

Page 2993

during the remainder of his life, by Fulton County, Georgia, and/or its authority, a retirement salary which shall be in each instance, a sum equal to one half of the salary of such retiring judge or solicitor as he or they may be receiving under the law at the time of his or their retirement; to provide the manner and method of its payment; to create the Judges' and Solicitor-Generals' Retirment Fund of Fulton County; to provide for trustees thereof; to provide for payments into and disbursements from said funds; to repeal all laws in conflict herewith and for other purposes, approved January 31, 1946, as heretofore amended, be and the same is hereby further amended as follows: By adding a new section to the amendment approved February 8, 1955, said new section to follow Section 2 of said amendment and shall be designated as Section 2a and read as follows: Section 2a. Be it further enacted by the authority aforesaid that any of the officers who come within the provisions of this Act and who have not heretofore qualified to participate in the benefits provided in said Act as amended, be, and they are hereby allowed and permitted to qualify for a pension for themselves and their widows as provided under the provisions of this Act providing any official now serving may within thirty (30) days from the approval of this Act, notify the trustees that he elects to qualify for retirement and also elects to qualify for the benefits provided for his widow and shall pay into the fund the percentages of his salary required by the terms of this Act as amended from January 31, 1946 or from the date of appointment. The payments required to be made shall be divided into fifty (50) equal monthly installments which may be deducted from the compensation of such officer and shall be deposited into a retirement fund created by this Act, as amended, said deductions shall be in addition to the deductions otherwise required. Widow's benefits. Section 2b. Be it further enacted by the authority

Page 2994

aforesaid, that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 2c. Be it further enacted by the authority aforesaid that the General Assembly finds upon investigation, and declares, that notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945. A copy of said notice is hereby attached and made a part hereof. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 22 29 days of November, 1955, and on the 6 13 days of December 1955 As provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 15th day of December, 1955. /s/ Maiodis Fowler Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for legislation at the next regular session of the General Assembly of the State of Georgia, which will convene on the second Monday in January, 1956, for the enactment of local legislation to amend the act to provide for the retirement of Judges and Solicitors-General of the Criminal Court of Fulton County, the Judges of the Civil

Page 2995

Court of Fulton County, the Judge of the Juvenile Court of Fulton County, and the assistants and deputies in the office of the Solicitor-General of the Criminal Court of Fulton County, approved January 31, 1946, and Acts amendatory thereof, and for other purposes. This notice is given pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia of 1945. This 22nd day of November, 1955. Hoke Smith, Representative, Fulton County. Nov 22 29 Dec 6 13-tfn. Approved March 6, 1956. LINWOOD CHARTER AMENDED. No. 318 (House Bill No. 600). An Act to amend an Act creating a new charter for the Town of Linwood, approved August 3, 1920 (Ga. L. 1920, p. 1101), as amended by an Act approved March 24, 1933 (Ga. L. 1933, p. 1107), so as to change the age of qualification of voters; to provide an educational requirement for the mayor; to provide for compensation for the mayor and councilmen; to repeal the provisions relative to a school system; to provide for a referendum; 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 Town of Linwood, approved August 3, 1920 (Ga. L. 1920, p. 1101), as amended by an Act approved March 24, 1933 (Ga. L. 1933, p. 1107), is hereby amended by

Page 2996

striking the word twenty-one from Section 6, and inserting in lieu thereof the word eighteen, so that Section 6, as so amended, shall read: Section 6. Be it further enacted by the authority aforesaid, that at least fifteen days before the time of the holding of the election for mayor and councilmen, as hereinbefore provided, the clerk of said Town of Linwood shall open, at some public place in said Town of Linwood, a list or book for the registration of voters, ample notice of which shall be given by posting written notices in three public places in said Town of Linwood, which list or book shall be finally and absolutely closed for registration five days prior to any election, after which time no person shall be allowed to register. Each and every person applying to be registered shall make oath before the registrar in whose possession is the list or book of registration, who is hereby authorized to administer same, which oath shall be written or printed on said book or list of registration as follows: `I do swear that I am eighteen years of age, or will be by the time of the election now next to be held in the Town of Linwood; that I will have resided in said Town of Linwood for a period of thirty days before the time of said election; that I am qualified to vote for members of the General Assembly of Georgia; that I have paid all taxes, State, county and municipal, required of me, except for the present year, and I am not otherwise disqualified to vote in said election.' The same registration shall be required in all elections to be held in said Town of Linwood, whether general or special, except that all persons having once registered shall be permitted to vote in any and all elections held in said Town of Linwood within the year, provided they have not otherwise become disqualified, and no person shall be permitted to participate as a voter in any election held within the Town of Linwood, unless registered as herein provided. Registration of voters. Section 2. Said Act is further amended by adding at the end of Section 7 the following: No person shall be eligible to serve as mayor unless he has an eighth grade

Page 2997

education or its equivalent. so that Section 7, as amended, shall read: Section 7. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor and councilmen of said Town of Linwood who has not been a resident thereof for six months or more continuously preceding his election, and who is not a qualified elector and voter in said election in said town, provided, that this qualification shall not apply to the officer and representatives of said Union Cotton Mills or successor thereto, who shall be at all times a member of said council, as hereinbefore provided. No person shall be eligible to serve as mayor unless he has an eighth. grade education or its equivalent. Qualification of mayor and councilmen. Section 3. Said Act is further amended by striking Section 25, and inserting in lieu thereof the following: Section 25. The clerk, marshal and treasurer of said Town of Linwood shall receive such salaries as the council may deem just and proper. The mayor shall receive a salary not in excess of $300.00 per year, to be determined by the council at the first meeting in each year. Each councilman shall receive the sum of $1.00 for each council meeting he attends. Salaries. Section 4. Said Act is further amended by striking Sections 26, 27, 28, 29, 30 and 31 in their entirety. Section 5. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the mayor of the Town of Linwood to issue the call for an election for the purpose of submitting this Act to the voters of the Town of Linwood for approval or rejection. The mayor shall set the date of the election to be held on the first Monday in January 1957. The mayor 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 gazette

Page 2998

of the Town of Linwood. The ballot shall have printed thereon the words: For approval of amendments to the charter of the Town of Linwood. Against approval of amendments to the charter of the Town of Linwood. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the Town of Linwood. It shall be the duty of the mayor of Linwood to hold and conduct such election. It shall be the duty of the mayor of Linwood to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Application for Passage of Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, for the passage of the following bill: An Act to amend the charter of the City of Linwood, Walker County, Georgia, by changing the minimum voting age to 18 years; provide qualifications for mayor; provide for salary for mayor and council; provide for striking sections 26-31 inclusive pertaining to the old school system. This 3rd day of January, 1956. Rufus Williams, Mayor, City of Linwood, Georgia. 1-25-4t.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert E. Coker, who, on oath, deposes and says that he is Representative from Walker County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Walker County Messenger, which is the official organ of said County, on the following dates: Jan. 4, 11, 18 and 25, 1956. /s/ Robert E. Coker, Representative, Walker County. Sworn to and subscribed before me this 9 day of Feb. 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal). Approved March 6, 1956. HELEN CORPORATE LIMITS. No. 319 (House Bill No. 539). An Act to amend an Act incorporating the Town of Helen, in the County of White, approved August 18, 1913 (Ga. L. 1913, p. 893) so as to change the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the Town of Helen, in the County of White, to grant certain powers and privileges to said town; and for

Page 3000

other purposes, approved August 18, 1913 (Ga. L. 1913, p. 893) is hereby amended by striking Section 3 and in lieu thereof inserting the following: Section 3. Be it further enacted by the authority aforesaid that the corporate limits of the Town of Helen shall extend in a circle of one-half mile radius from the northwest corner of the brick building, known as the Bank of Helen Building, the circle to be complete except that at the point where the circle crosses the middle line of State Highway No. 75, the boundary shall run in a straight line crossing the Chattahoochee River to the spillway on the east side of the dam erected by J. M. Wilkins for a swimming pool, and from thence by a straight line a northwest course until it intersects the half mile circle at the point of tangent. Description. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to change the corporate limits of the Town of Helen; and for other purposes. Franklin F. Truelove, Representative, White County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Franklin F. Truelove, who, on oath, deposes and says that he is Representative from White County, and that the attached copy of Notice of Intention to introduce Local Legislation was published in the Cleveland Courier, which is the official organ of said county, on the following dates: Jan. 20, 27, 1956, Feb. 3, and 10th, 1956. /s/ Franklin Truelove, Representative, White County.

Page 3001

Sworn to and subscribed before me this 17th day of February, 1956. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission expires Oct. 7, 1956. (Seal). Approved March 6, 1956. CLAY COUNTY COURT OF ORDINARY. No. 320 (House Bill No. 490). An Act to extend the jurisdiction of the Court of Ordinary of the County of Clay, acting by and through the ordinary of said county, to try all misdemeanor cases arising under the game and fish laws of this State where the defendant waives a jury trial and pleads guilty; to provide that the clerk of the Superior Court of Clay County shall be the clerk of the court of ordinary in the trial of said cases; to provide the fees which the ordinary and clerk are entitled to receiver for each case; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Court of Ordinary of Clay County, Georgia, acting by and through the ordinary of said county, shall have jurisdiction to try all misdemeanor cases arising under the game and fish laws of this State in said county where the defendant waives a jury trial and pleads guilty. Jurisdiction of misdemeanors. Section 2. That the clerk of the Superior Court of Clay County shall be the clerk of the court of ordinary in the trial of misdemeanor cases as herein provided. Clerk. Section 3. That the ordinary shall be entitled to a fee

Page 3002

of seven ($7.00) dollars for each case authorized by this Act to come within the jurisdiction of the court of ordinary, and the fee to which the clerk of the court of ordinary shall be entitled shall be seven ($7.00) dollars for each case, which fees shall be in addition to all other compensation allowed by law. Fees. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the present session of the General Assembly of Georgia a bill to give the Ordinary of Clay County jurisdiction over violations of the game and fish laws of the State and for other purposes. This 12th day of January, 1956. A. S. Killingsworth, Representative, Clay County. 12-19-26. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. S. Killingsworth, who, on oath, deposes and says that he is Representative from Clay County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The News Record, which is the official organ of said County, on the following dates: January 12, 19 and 26, 1956. /s/ A. S. Killingsworth, Representative, Clay County. Sworn to and subscribed before me this 7th day of February, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 6, 1956.

Page 3003

MILLEDGEVILLE LIMITS EXTENDED. No. 321 (House Bill No. 152). An Act to amend an Act creating a new charter for the City of Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2602), so as to change the corporate limits of the City of Milledgeville; to provide for a referendum; 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 Milledgeville, approved December 15, 1900 (Ga. L. 1900, p. 345), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2602), is hereby amended by adding a new paragraph to the end of Section 3, to read as follows: In addition to the area now embraced within the corporate limits of the City of Milledgeville, the following described property shall likewise be embraced within the corporate limits of said city: Starting at a point where the present northwest city limits line of the City of Milledgeville intersects with the east bank of Fishing Creek, which point is also the western corner of the Milledgeville waterworks property on Fishing Creek as shown on that certain plat made from a survey by M. Grieve, Surveyor, dated 30 March, 1893, and recorded in Deed Book V, page 239, in the office of the Clerk of the Superior Court of Baldwin County, Georgia; thence running due north by true bearings from said point to a point near U. S. Highway No. 441, also referred to as Georgia Highway No. 24, said point being an intersection with a line running due west by true bearings from the northerly most corner of the present city limits, said northerly most corner of the present city limits being further identified as being the

Page 3004

common land lot corner between Land Lots 338, 339, 341 and 342 of the First Land District of Baldwin County, Georgia, and which is further marked by an iron pin as indicated on that certain plat made from a survey by Calvin W. Rice, Registered Surveyor, and recorded in the office of the Clerk of the Superior Court of Baldwin County, Georgia, in Deed Book No. 29, page 246; thence running due east by true bearings from said point of intersection to a point of intersection with the easterly right-of-way boundary of Georgia State Highway No. 24, also referred to as U. S. Highway No. 441; thence in a southeasterly direction along the eastern right-of-way boundary of said highway to a point where said eastern right-of-way boundary intersects with the present northwesterly city limits line of the City of Milledgeville; thence in a southwesterly direction along the present city limits line to the point of beginning. Description. (All true bearings as referred to coast and geodetic survey triangulation station, Milledgeville, Georgia, 1935.). Section 2. Not less than thirty nor more than forty-five days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the dtuy of the Ordinary of Baldwin County to issue the call for an election for the purpose of submitting this Act for approval or rejection to the voters of the area described hereinbefore. The ordinary shall set the date of the election for a day not less than sixty days nor more than six months after the date of the issuance of the call. Provided, however, that the date of such election shall be the same date in 1956 on which any other election is held by any other group of voters in Baldwin County for the purpose of ratifying or rejecting an Act extending the corporate limits of the City of Milledgeville. It shall be the further duty of the ordinary to make up a separate list of voters of the area described hereinbefore, and only those voters shall be allowed to vote in such election. The ordinary shall cause the date and purpose of the election to be published

Page 3005

once a week for two weeks immediately preceding the date thereof in the official organ of Baldwin County, along with a description of the affected area described hereinbefore. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Milledgeville. Against approval of the Act extending the corporate limits of the City of Milledgeville. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, it shall be the duty of the ordinary to certify such fact to the governing authority of the City of Milledgeville, and an election shall be held in said city as provided for hereinafter. If less than a majority of those persons voting in such election vote for approval of the Act, it shall be void and of no force and effect, and it shall be the duty of the ordinary to certify such results to the Secretary of State. The expense of such election shall be borne by Baldwin County. It shall be the duty of the ordinary to hold and conduct such election and it shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. Referendum. In the event a majority of the persons voting in the aforesaid election vote for approval of the Act, an election shall be held in the City of Milledgeville for the purpose of submitting this Act for approval or rejection. The election and the registration of voters therefor shall be under the same provisions of law and rules and regulations as are other elections in the City of Milledgeville. The governing authority shall set the date of the election for a day not less than seventy nor more than ninety days after the date of the election held as provided for hereinbefore. It shall be the duty of the governing authority to cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in a newspaper of general

Page 3006

circulation in the City of Milledgeville, along with a brief description of the affected area described hereinbefore. The ballot shall have printed thereon the words: For approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area). Against approval of the Act extending the corporate limits of the City of Milledgeville so as to include (briefly designate area). All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Milledgeville. The person or persons whose duty it is to hold and conduct other elections in the City of Milledgeville shall canvass the returns and declare and certify the results of the election. The results thereof shall be certified to the ordinary, who shall, in turn, certify such results to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Baldwin County. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia a bill to make provisions relative to extending the corporate limits of the City of Milledgeville, to provide for a referendum, and for other purposes. This 20th day of December, 1955. Joseph B. Duke, W. C. Massee, 12 22 3 tc.

Page 3007

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph B. Duke, who, on oath, deposes and says that he is Representative from Baldwin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder, which is the official organ of said county, on the following dates: Dec. 22 29, 1955 and Jan. 5, 1956. /s/ Joseph B. Duke, Representative, Baldwin County. Sworn to and subscribed before me, this 16 day of Jan., 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal Affixed) Approved March 6, 1956. FITZGERALD CHARTER AMENDED. No. 322 (House Bill No. 466). An Act to amend the charter of the City of Fitzgerald approved August 22, 1907 (Ga. L. 1907, p. 609) and several Acts amendatory thereof, to create a Personnel Board in the City of Fitzgerald to provide for the appointment and removal of the members of said board and their qualifications, compensation, and term of office; to prescribe the duties of the personnel board; to provide to what employees the provisions of this Act shall be applicable; to provide for the classification and qualifications of employees; to provide for a minimum, intermediate, and maximum salary schedule for classified employees; to provide for the holding of

Page 3008

examinations under the provisions of this Act; to provide how and in what manner and for what reason employees may be demoted; suspended, or discharged; to provide for trials of, and appeals by employees charged with the violation of civil service rules or the provisions of this Act; to provide a uniform procedure of conducting the personnel affairs of such city; to provide for certification and appointment, promotions, suspensions, reinstatements, transfers, reductions in force, and removal of city employees; to provide for the certification of payrolls, the administering of oaths, the keeping of records, and furnishing of information in connection with the uniform procedure herein prescribed; to prohibit city employees coming under the provisions of this Act from doing certain things in violation thereof; to provide a penalty for all persons violating the provisions of this Act; to provide for the appointment and removal of a personnel administrator and define his powers and duties and prescribe a minimum salary for such administrator; to provide for removals in the interest of economy; to establish re-employment laws and provide for leaves of absence and vacations; to provide for the bonding of employees in the classified service; to provide that the provisions of this Act are separable in the event a portion thereof is declared unconstitutional; to provide for the repeal of conflicting laws; and for other purposes, so as to provide a civil service system based upon examination and investigation as to merit; efficiency, and fitness of appointment, employment, and promotion of employees of the City of Fitzgerald; to provide for group health and life insurance plans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Fitzgerald approved August 22, 1907 (Ga. Laws 1907, p. 609) is hereby amended by adding a new Section 1 to be numbered 122 to read: Section 122. Be it enacted by the General Assembly

Page 3009

of the State of Georgia, and it is hereby enacted by authority of the same, that the charter of the City of Fitzgerald and the several Acts amendatory thereto and supplementary thereto, incorporating the City of Fitzgerald, be and the same are hereby amended, to provide for the creation of a civil service system for the City of Fitzgerald, as follows: Subsection 1. Index to Civil Service Act. Subsection 2. Definitions. Subsection 3. Appointment, removal, compensation and duties of the personnel board. Subsection 4. Appointment, removal, compensation and duties of the administrator. Subsection 5. Unclassified service and classified service. Subsection 6. Status of incumbents. Subsection 7. Methods of filling vacancies. Subsection 8. Certification and appointment. Subsection 9. Temporary and provisional appointment. Subsection 10. Examinations. Subsection 11. Ratings and eligibility. Subsection 12. Promotions. Subsection 13. Re-employment. Subsection 14. Transfers. Subsection 15. Demotion. Subsection 16. Suspension. Subsection 17. Layoff and leave of absence without pay. Subsection 18. Removal. Subsection 19. Appeals. Subsection 20. Political activity and recommendations. Subsection 21. Residence. Subsection 22. Dismissal for violation. Subsection 23. Penalties. Subsection 24. Oaths. Subsection 25. Bonds of employees under classified service. Subsection 26. Payroll certification.

Page 3010

Subsection 27. Effective date. Subsectuion 28. Constitutionality. Subsection 29. General repeal. Subsection 2. Definitions. The following terms when used in this Act shall have the following meanings unless the context clearly requires otherwise: (1) Classified service means all offices and positions of trust or employment in the service of the City of Fitzgerald except those placed in the unclassified service by this Act. (2) Board means the City of Fitzgerald Personnel Board. (3) Administrator means the City of Fitzgerald Personnel Administrator. (4) Appointing authority means the officer, commission, board, body or other authority having the power of appointment, employment or election to, or removal from, subordinate positions in any office, department, commission, board or institution; or any person or group of persons having the power by virtue of the Constitution, statue, or lawfully delegated authority to make appointments or employments to the positions in the City of Fitzgerald employment service. (5) Position means any office or place of employment in the City of Fitzgerald employment service. (6) Classified employees means any employee holding a position in the classified service. (7) Public hearings means an opportunity given after public notice of at least five days for any person or persons to appear and be heard on the matter involved. Subsection 3. Appointment, removal, compensation and duties of the personnel board. (1) There is hereby

Page 3011

created and established in the City of Fitzgerald Personnel Board which shall consist of three (3) members of known sympathy to the merit system who shall have been residents of the City of Fitzgerald for two (2) years or more and who shall be elected by a majority vote of the council at a regular meeting of said city council. One of the original three (3) members so elected, to be designated by the council at the time of the election, shall hold office for a term of one (1) year. One of said first three (3) members shall be so elected to hold office for a period of three (3) years, and one shall be elected for a term of five (5) years. Thereafter all elections shall be for a term of five (5) years, and the members shall serve until their successors have been elected and qualified. The members shall annually elect one (1) of their number as chairman of the board and another member as vice-chairman of the board. Two (2) members of the board shall constitute a quorum for the transaction of business. Vacancies in the office of said personnel board created by death, resignation, or otherwise, shall be filled by election of the council as provided for regular appointments herein and such appointment shall be for the unexpired term. No member shall hold any other lucrative office of employment under the United States Government, the State of Georgia, or any political subdivision thereof, except the office of notary public or an office in the military forces. (2) A member of the board may be removed only for cause after charges have been filed with the council of said city. Such changes must be filed in writing and a copy furnished the member sought to be removed. The accused member shall be entitled to a public hearing before said city council, and removal shall be accomplished only after such hearing and upon the recommendation of a majority of the council. (3) The members of the board shall be paid at the rate of four dollars per diem for time actually devoted to the business of the board, but no member shall be paid for more than thirty-six days of service for the first

Page 3012

year after the effective date of this Act, and thereafter not more than twenty-four days of service in any one calendar year. (4) The board shall keep its office and shall hold its meetings in the city hall, and all of said meetings shall be open to the public. The board shall hold regular meetings at least once monthly, and as often in addition thereto as the board may provide. (5) It shall be the duty of all officers having charge of public buildings of the city to allow the reasonable use of space and room therein and to heat and light for the holding of any examinations or investigations provided for by this Act and in all proper ways to facilitate the work of the board. (6) It shall be the duties of the board as a body: (a) After a public hearing and proper investigation during which the mayor and council of the City of Fitzgerald, appointing authorities, and the classified employees shall be afforded every opportunity to be heard to adopt, rescind, and amend rules and regulations for the administration of this Act; to establish a classification plan for all positions covered by this Act; to establish a minimum, intermediate and maximum salary schedule for such positions; Provided said rules and regulations shall provide for preference for honorably discharged veterans of any war in conformity with Article III, Section VII, Paragraph XXIV, of the Constitution of the State of Georgia. Said salary schedule and any modifications thereof shall be subject to the concurrence and approval of said city council. When adopted and approved as required by the provisions of this Act such rules, regulations, classification plan, salary schedule and any modifications thereto shall be enforced by all appointing authorities and other employees of said city to which they are applicable. Notice of the contents of such rules, regulations, classification plan, salary schedule and any modifications thereof shall be given to all appointing authorities affected thereby.

Page 3013

(b) To hear and determine appeals and complaints respecting the work of the administrator filed with the board by any appointing authority or classified employee, and such other matters as may be referred to the board by the administrator. (c) To make such investigations as may be requested by the council by a majority vote where general city employees are affected or on its own motion and to vote thereon. (d) To keep minutes of its own meetings and such other records as the board may deem necessary. (e) To examine and approve or modify annual reports prepared by the administrator and submit such reports to the council, transmitting therein any suggestions it may approve for the more effective accomplishment of the purpose of this Act, and to supervise generally the work of the administrator in the administration of the provisions of this Act. Such report shall be open to inspection by the public. Subsection 4. Appointment, removal, compensation and duties of the administrator. (1) The board shall appoint a personnel administrator. Such administrator shall be a person competent, trained and experienced in a field which in the opinion of the personnel board would qualify him for the administration of the personnel program and who is thoroughly in sympathy with the application of merit and sound business principles in the administration of personnel. (2) The council shall provide adequate quarters for the board and the administrator. (3) The administrator shall take oath of office prescribed for the mayor before the chairman, and give bond in the penal sum to be fixed by the council for his faithful performance, to be approved by the mayor. (4) The administrator shall hold his office during

Page 3014

good behavior and may be removed only for cause after a public hearing by the board. (5) The compensation to be paid the administrator shall be fixed by the board with the consent and approval of the council. (6) It shall be the duty of the administrator: (a) To attend meetings of the board, to act as its secretary and to record its official actions. (b) To appoint and supervise any necessary employees and incur necessary expenses for the administration of this Act within the limits of the appropriation to be provided therefor by the council. Any and all employees of the board shall be in the classified service established under this Act and shall be employed in accordance therewith. (c) To prepare, recommend, and administer the civil service system, the rules, regulations, classification plan and salary schedule for the proper administration and execution of this Act. The rules and regulations as adopted by the board shall govern the examination procedure, formulation of registrars of eligibles, certification of persons qualified for appointment to the classified service, administration of appointments, transfers, demotions, promotions, suspensions, lay-offs, re-employment, resignations, leaves of absence without pay, dismissals, and other matters pertaining to the proper administration of this Act. (d) To establish and maintain a roster of all the officers and employees in the city government, who are covered by this Act, showing for each such person the date of appointment, the title of position or positions held, the initial rate of compensation and all changes thereof, and such other data as deemed desirable and pertinent. (e) To check all payrolls or other compensation for

Page 3015

personnel service in the classified service periodically, at such time as the administrator or the board may deem consistent for the proper administration of this Act. (f) To recommend to the board proper classification of new positions created in the city government covered by this Act according to duties and responsibilities. (g) To make such investigations pertaining to personnel, salary scales, and employment conditions in the city government as he may deem necessary and as may be requested by the board or by the council. (h) To require the attendance of witnesses and the production of books, papers, public records and other documentary evidence pertinent to any such investigations in connection with the administration of the provisions of this Act. (i) To make an annual written report to the board. (j) To act as custodian of all files, records and other properties of the personnel board. (k) To perform any lawful acts required to carry into effect the purposes and spirit of this Act. Subsection 5. Unclassified service and classified service. (1) The classified service shall consists of and include the following: City clerk, city treasurer (that said clerk and treasurer may be the same person) city engineer, chief of police, chief of fire department, assistant chief of police, assistant chief of fire department, all other members of the police department, all other members of the fire department, assistant city clerk, street commissioner, and city librarian. (2) The unclassified service shall consist of and include all other officers and employees of the city, not embraced and named above as the classified service. (3) The board shall be authorized to enter into co-operative

Page 3016

agreements with other Federal, State and municipal merit systems to permit use of registers and the acquiring of status by individuals under any such system which has comparable standards to that established herein shall as a result of agreement give status under this or such other system. Subsection 6. Status of incumbents. Any person holding a position in the classified service of the City of Fitzgerald employment service as herein defined on the effective date of this Act, who has been an employee of the City of Fitzgerald for at least one (1) year immediately preceding the effective date of this Act, shall continue to hold such position subject to the provisions of this Act, and shall be deemed to be qualified for such employment and to have received a regular permanent appointment in accordance with the provisions of this Act, provided that he shall file a written certificate with the board within sixty (60) days after the effective date of this Act, which among other things shall include a complete history of his employment record on forms which shall be prescribed by the board. The status of incumbent employees presently employed by said city shall continue in temporary employment status until discharged by the mayor and council and may only be given a permanent appointment by the majority vote of the mayor and council. Subsection 7. Methods of filling vacancies. Vacancies in the classified service shall be filled either by regular appointment, temporary appointment, re-employment, promotion, transfer, or demotion. The administrator may advise with the appointing authorities as to which of these methods should be employed in each instance, but the decisions shall rest with the appointing authority, provided, that temporary appointments may be made only in accordance with the provisions of this Act. The appointing authority shall fill vacancies in the classified service by promotion as far as deemed practical. Subsection 8. Certification and appointment. Whenever

Page 3017

a vacancy is to be filled by regular appointment, the appointing authority shall submit to the administrator a statement of the duties of the position and a request that the administrator certify to him the names of persons eligible for appointment to the position. The administrator shall immediately certify to the appointing authority the names of the three persons standing highest on the register of such a class in which the position is established and if more than one vacancy is to be filled, the name of one additional person eligible for each additional vacancy, or all of the names on the register if there be less than three. If it should prove impossible to locate any of the persons so certified or should it become known to the administrator that any person is not willing to accept the position, the appointing authority may request that additional names be certified until three persons eligible and available for appointment have been certified, if there be as many as three on the register. The appointing authority shall then appoint one of the persons so certified to the position, except that, in the event that he has less than three persons from which to make his selection, he may choose from the remaining certified names or may elect to make a temporary appointment of some other person. In the event that there does not exist any eligible register which the administrator deems to be appropriate for the class in which the position is established, he shall proceed to prepare such an eligible register as soon as possible, after the receipt of the request of the appointing authority that eligibles be certified. Whenever an eligible has been certified to, and rejected by, appointing authorities three times, the administrator after investigation may with the approval of the board remove the name of such person from the eligible register. All regular appointments to the classified service covered by this Act shall be for a probationary period of six months, but the administrator and the appointing authority may extend such probationary period to one year. If during this probationary period the conduct or capacity of the probationer has not been satisfactory to the appointing authority, the probationer and the administrator shall be notified in writing that he will

Page 3018

not receive permanent appointment, otherwise retention in the service longer than for the probationary period of any employee shall constitute permanent appointment. Subsection 9. Temporary and provisional appointment. Whenever it is impossible to certify eligible persons for appointment to a vacancy in the classified service, the appointing authority may nominate a person to the administrator. If such nominee is found by the administrator to have had experience and training which appears to qualify him for the position, he may be temporarily appointed to such vacancy, but only until an appropriate eligible register can be established and an appoinment made therefrom: Provided, that the administrator, with the approval of the board, may approve a provisional appointment to fill a technical or professional position which requires specialized knowledge or training and which cannot be filled from the eligible register. In no event shall a temporary appointment be continued for more than six months. Successive temporary appointments of the same person shall not be made; not more than one temporary appointment shall be made to any position wihin any 12 month's period. No person shall be given a temporary or provisional appointment unless that person shall be found to have at least sufficient minimum qualifications to qualify to take the examination for the position to which he is provisionally or temporarily appointed. Subsection 10. Examinations. Each eligible register shall consist of a list of all the persons who have shown by competitive tests that they possess the qualifications which entitled them to be considered eligible for appointment to any position in the class for which the eligible register is to be prepared. The tests may take into consideration elements of character, education, aptitude, experience, knowledge, skill, personality, physical fitness, and other pertinent matters and may be written or oral or any other demonstration of fitness as the administrator, with the approval of the board, may determine. Such tests shall be competitive, practical, free, and open to all

Page 3019

persons, who may be lawfully appointed to any position in the class for which they are held, with such limitations as to age, health, habits, character and other qualifications as may be considered desirable and specified in the public announcement of the test. The administrator shall establish or create examination committees from qualified persons to assist him in giving tests. Public notice of the time, place and general scope of every test shall be given. Subsection 11. Ratings and eligibility. Examination papers shall be rated on the scale of one hundred, and the subjects therein shall be given such relative weights as may be prescribed. In rating these papers no person shall wilfully or corruptly make any false mark, grade, estimate or report on the examination or proper standing of any person examined under this Act, or wilfully or corruptly make any false representation concerning the same or concerning the persons examined, or wilfully or corruptly furnish to any one special or secret information for the purpose of improving or injuring the chances of appointment or promotion of any person examined. All competitors rated seventy or more shall be eligible for appointment, and their names shall be placed on the proper register according to their attained rating. The term of eligibility shall be one year, commencing with the date on which the name of the eligible is entered on the register. This term may be extended in the discretion of the administrator for all those on any register when conditions of good administration render it inexpedient to hold a new examination. Subsection 12. Promotions. Promotions of employees to positions covered by this Act, having a different and higher classification, shall be made only according to merit and fitness, which so far as practicable, shall be ascertained by competitive examinations. Such examinations shall be conducted by the administrator at the request of the appointing authority. Subsection 13. Re-employment. (1) Whenever any

Page 3020

employee in the classified service, who has been performing his duties in a satisfactory manner, as shown by the records of the department or other agency in which he has been employed, is laid off because of lack of work or lack of funds, or has been on authorized leave of absence and is ready to report for duty when a position is open, or has resigned in good standing and with the consent of the administrator and the head of the department under whose jurisdiction he was employed, and has withdrawn his resignation without being restored to his position, the administrator shall cause the name of such employee to be placed on the re-employment list for the appropriate class for re-employment within three years thereafter when vacancies in the class occur. The order in which names shall be placed on the re-employment list for any class shall be in the order according to dates of applications for re-employment. No person shall be reinstated or have his name restored to a re-employment list unless such resignation is withdrawn within three years after it has been presented and accepted. Subsection 14. Transfers. An appointing authority may, at any time, transfer any classified employee under his jurisdiction from one position to another in the same classification, provided, that the administrator has authorized the transfer of the employee from one department to another and has received approval of both appointing authorities concerned. In every such case the appointing authority shall give written notice of this action to the administrator. No transfer shall be made to a competitive position in the classified service above the lowest grade, unless the appointing authority shall certify to the administrator, who shall make proper investigation in connection therewith, that the position involved cannot be adequately filled by promotion from the personnel in the respective department. Subsection 15. Demotion. An appointing authority may, in accordance with the rules and regulations established by the board demote for cause a classified employee under his jurisdiction from a position in one class

Page 3021

to a position in a lower class, but only after the employee involved and the administrator have been notified in writing of such contemplated action. Any employee so demoted shall have the right to appeal his demotion to the board. The board can thn approve his demotion or reinstate him to his former position if, in its opinion, the demotion is not justified. Subsection 16. Suspension. An appointing authority may, in accordance with rules and regulations established by the board, upon giving written notice to an employee and the administrator suspend for just cause a classified employee for disciplinary purposes without pay for a period not exceeding thirty (30) days in any twelve month period. Subsection 17. Layoff and leave of absence without pay. An appointing authority may lay off a classified employee whenever he deems it requisite due to unusual conditions or shortage or stoppage of work or funds. In every case of this kind the appointing authority shall, before the effective date thereof, give written notice of his contemplated action to the employee involved and the administrator. Any person who has been appointed to a position in the classified service, or who shall have attained a civil service status, under the provisions of this Act, other than a temporary or provisional appointee, and who has been laid off for the reasons stated in this section of the Act, shall have his name placed on an appropriate re-employment register. Leave of absence for a period not to exceed one year may be granted to any employee without pay upon request of the employee when approved by the appointing authority and the administrator notified in writing. Any leave of absence for a period in excess of one year as provided herein shall be obtained only with the approval of the board. Subsection 18. Removal. Any appointing authority may suspend a subordinate in the classified service for cause and may recommend to the personnel board that he be dismissed from the service or recommend suspension

Page 3022

demotion or transferral. Such appointing authority shall, on the day of such suspension, file with the board a copy of the written notice furnished the employee so suspended, setting forth in detail the reason for such action and his recommendations in the premises. The dismissed employee shall have an opportunity to answer the charges in writing within 10 days and to file with the board affidavits in support of such answer. All papers filed in the case shall be subject to inspection by the persons affected. It shall then be the duty of the personnel board, upon an investigation and a hearing thereon, to either approve or disapprove the suspension by the appointing authority and where recommendations are made, to either approve or disapprove such recommendations, with authority where the case is shown to suspend the employee for any period of time it may designate; or reinstate the employee to his former status and in their discretion with authority to direct payment of salary during such period of suspension preceding the trial; or to transfer, demote or dismiss said employee. Provided, however, that the board within 30 days from any action removing, demoting, suspending or accepting the resignation of any officer or employee may on its own motion or on the motion of any party, reopen the case and vacate, modify or revise its former order so as to lessen but not increase the penalty imposed, but after the end of such 30 days, the board shall not have any authority to reopen such case for any cause. The council shall have the right to prefer charges against any employee in the classified service for violation of any civil service rule or regulation or any provision of this Act, in which case the employee against whom such charges are filed, shall have an opportunity to answer the charges in writing within 10 days after written notice thereof, and to file with the board affidavits in support of such answer. Thereafter, the proceedings shall be the same as in cases where disciplinary action is taken or charges are preferred by an appointing authority in accordance with the provisions of this Act. (a) For the purpose of taking any disciplinary action,

Page 3023

or of filing any charges against any person in the classified service, the designation appointing authority shall be held to include any acting department head or other person designated by the proper authority to be in charge of any department in the absence, for any cause, of the regular appointing authority or department head. (b) Whenever an employee has been suspended, demoted, discharged, disciplined, or otherwise caused to suffer any loss in classification, grade or salary, such employee shall have the right of appeal to the board. This right may be exercised at any time within ten days from the date of such suspension, demotion, discharge or other disciplinary action by a request in writing for such hearing filed with the administrator. Immediately upon the receipt of such request, the administrator shall notify the members of the board and call a meeting of the board for proper hearing of the case. The board shall proceed to hear all parties at interest and such evidence as may be introduced by any of them at the earliest practicable date after notice of the appeal has been filed. The filing by an employee of an answer to charges to the written statement filed by the appointing authority with the board as provided in this Act, without further formality shall be deemed a sufficient demand for a hearing. Subsection 19. Appeals. Whenever the administrator refuses to examine an applicant or after examination to certify an eligible, as provided in this Act, then said administrator if requested by the person so rejected, shall give to him a full and explicit statement of the exact case for such refusal to examine or certify, as the case may be. The person so rejected may ask for a review of the case by the board, which shall be granted, and said board by a majority vote shall have power to render a final decision in writing to the person asking for the review. Such decision of the board shall be binding on all concerned. (a) Where an employee is dismissed from the service,

Page 3024

he shall have the right, within 2 years, to apply for reinstatement. Upon making an application for reinstatement to the personnel board he may be reinstated, without taking an examination, to the classified service, provided, such reinstatement is recommended by the head of the department he was in at the time of his dismissal and approved by the personnel board. Subsection 20. Political activity and recommendations. In applying the provisions of this Act or in doing any of the things hereby provided, no person whosoever shall give any consideration to political or religious affiliations. No person holding a position in the classified service shall directly or indirectly solicit or receive in any manner or be concerned with soliciting or receiving any assistance or subscriptions or contributions for any political purpose, or participate in any form of political activity whatsoever, other than to express privately his view as a citizen and to cast his vote in any election. No recommendation for any person who applies for office or position in the classified service, or for examination under the provisions of this Act, except as to character, and in the case of former employees as to ability, shall be considered by the board, the administrator or the appointing authority, in giving any examination, appointment, promotion or reinstatement under this Act. Subsection 21. Residence. Positions in the classified service shall be filled by citizens of the City of Fitzgerald, who have been residents of said city for at least one year immediately preceding the date of examination; provided, however, that in the discretion of the board residence requirements may be waived. Subsection 22. Dismissal for violation. Any person in the classified service violating any of the provisions of this Act may be dismissed from the classified service but shall be entitled to a written copy of the charges and an opportunity to a fair hearing before the board prior to said dismissal. Subsection 23. Penalties. Any person who shall wilfully

Page 3025

or corruptly violate any of the provisions of this Act shall be guilty of a misdemeanor, and shall on conviction thereof be punished as for a misdemeanor prescribed by the laws of Georgia, and if such convicted person be in the classified service, he shall be dismissed therefrom and shall not be eligible for reappointment, reinstatement, or re-employment for a period of three years or more, from the date of such conviction. Subsection 24. Oaths. The board and all employees in the classified service shall take the oath of office prescribed for the mayor, or as otherwise provided by law for their respective positions. The board and the administrator are authorized to administer oaths. Subsection 25. Bonds of employees under classified service. (1) Any employee under classified service who is employed in any department under the control and office of an elected officer who is or may be responsible for the acts of such employee as a deputy, may be required as a condition of his employment to give bond with good security in an amount satisfactory to the head of such department, conditioned to indemnify such office or head against loss by reason of the conduct of such employee or deputy, or because of any error made by any employee or deputy in the performance of his or her duties as an employee or deputy. The premium of said bond shall be paid by the city. (2) Should the amount of bond required be deemed by the board arbitrary, unreasonable or oppressive, an appeal shall lie to the superior court which shall have the authority to set the amount of such bond. (3) The board shall have the right in its discretion to require bonds of employees other than those specified in the preceding sections, where the duties of such employee make a bond necessary or desirable but this provision shall not forbid the council or other authority coming under city government to require any employee handling funds or performing duties of trust to post bonds.

Page 3026

Subsection 26. Payroll certification. No employee within the classified service shall be placed on the payroll of the City of Fitzgerald until the personnel administrator has properly certified the individual to the position. Subsection 27. Effective date. This Act shall take effect July 1, 1956, or sooner, if the council of the City of Fitzgerald shall fix by a majority vote an earlier date for it to take effect. Subsection 28. Constitutionality. Should any section or provision of this Act be held to be unconstitutional or invalid such section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Section 2. Said Act, as amended, is further amended by adding a new section, to be numbered 123, to read: Section 123. The City of Fitzgerald may participate in the payment of premiums for group life and health insurance policies on any and all employees and officers and this provision may extend to the water, light and bond commission and to the school board and the amount of participation shall be in the discretion of the mayor and council, the water, light and bond commission, and the school board. Insurance. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. In conformity and compliance with the provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia (ratified August 7, 1945) and which is codified as Section 2-1915 of the Code of Georgia, Annotated, of 1933 notice is hereby given that there will be introduced in the General Assembly of the State of Georgia, at its regular session for the year 1956, a local or special bill

Page 3027

effecting the City of Fitzgerald, the title of which reads as follows: An Act to amend an Act amending and revising the charter for the City of Fitzgerald and entitled: `An Act to amend an Act to incorporate the City of Fitzgerald, and establishing a new charter therefor, approved August 22, 1907, and the several Acts amendatory thereof, and for other purposes,' approved August 17, 1914, and the several Acts amendatory thereof, and for other purposes. Dr. A. L. Stewart, Representative for Ben Hill County. State of Georgia, County of Ben Hill. The undersigned, S. G. Pryor, Jr., hereby certifies that he is a resident of the City of Fitzgerald in the County of Ben Hill and State of Georgia; that he is one of the editors and publishers of the Fitzgerald Herald; that said Fitzgerald Herald is a newspaper published and having a general circulation within the County of Ben Hill and is the newspaper in which the sheriff's advertisements for said County of Ben Hill and for the locality affected are published; that he has compared the above and foregoing copy of notice of intention to apply for local legislation affecting the City of Fitzgerald with the original notice which was published in the Fitzgerald Herald and that said copy is a true, correct and complete copy of said original notice; and that the original notice, of which the above and foregoing is a true copy, was published in the Fitzgerald Herald as provided by law. The undersigned further certifies that the original notice, of which the above and foregoing is a true copy, was published in the issues of the Fitzgerald Herald under dates of December 23rd, 1955, December 30th, 1955, and January 6th 1956.

Page 3028

The undersigned further certifies that this certification is made for the purpose of being attached to and made a part of said local bill affecting the City of Fitzgerald upon its introduction into the General Assembly of Georgia. This 30th day of January, 1956. /s/ S. G. Pryor, Jr. S. G. Pryor, Jr. Address: Fitzgerald, Georgia. Sworn to and subscribed before me, this 30th day of January, 1956. /s/ Irene Paulk Royal, Notary Public, Ben Hill County, Ga. Notary Public, Ben Hill County, Georgia. My commission expires June 7, 1956. (Seal Affixed) Approved March 6, 1956. CITY COURT OF DUBLINAMENDMENTS. No. 323 (House Bill No. 181). An Act to amend an Act creating the City Court of Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), so as to change the jurisdiction of the City Court of Dublin from one hundred dollars to two hundred dollars; to provide that the fees in civil cases of the clerk and the sheriff of the City Court of Dublin shall be the same as the fees in civil cases of the clerk and the sheriff in the Superior Court of Laurens County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Dublin, approved December 6, 1900 (Ga. L. 1900, p. 117), is

Page 3029

hereby amended by striking the words one hundred in lines 8 and 9 of Section 17, and inserting in lieu thereof the words two hundred, and by striking the word fifty in line 18 and inserting in lieu thereof the word one hundred, so that Section 17, as so amended, shall read as follows: Section 17. Be it further enacted, that in said city court the same rules of procedure, service, pleadings and practice shall govern, as for the time being obtain in the superior court, except as otherwise provided in this Act; and whenever and in all cases where the rules of the superior courts cannot be made applicable on account of the difference in the constitution of said courts, then the said city court judge may make and promulgate rules to govern such cases. Suits for not over two hundred dollars principal, and all issues and proceedings, when not over two hundred dollars in value is involved, shall be returnable to the monthly sessions of said court, and stand for trial at the first term by the judge, without the intervention of a jury; provided, that in any such case, where more than one hundred dollars principal is involved, and an issuable defense is filed on oath, and a jury is demanded, such case shall be transferred to the next quarterly term of said court, and shall there stand for trial by a jury. Ordinary suits brought to said monthly sessions shall be filed in the clerk's office of said court at least fifteen days before the term to which they are returnable, and the same shall be served at least ten days before said term. All other causes and proceedings must be brought to the quarterly terms, and stand for trial at the first or second term, as similar causes would be tried in the superior courts. All judgments obtained in said city court shall be a lien on all the property of the defendants throughout the State in the same manner as judgments of the superior court are. All laws upon the subject of attachment and garnishment in the superior courts of this State shall apply to said city court so far as the nature of the city court shall admit. The judge of said city court, or any other officer authorized by law to issue attachments, may issue attachments returnable

Page 3030

to said city court under the same laws that govern the issuing of attachments in the superior courts; and all attachments returnable to the City Court of Dublin shall be directed to all and singular the sheriffs and constables of this State, and may be served by the sheriff of the city court, or any sheriff or constables of this State or other officer authorized by law to levy attachments returnable to other courts. Garnishment proceedings in said city court shall be conformable to the laws in the State and on the subject in the superior court. Jurisdiction. Section 2. Effective March 1, 1956, the fees of the clerk and sheriff of the City Court of Dublin in civil cases shall be the same as the fees of the clerk and the sheriff in civil cases in the Superior Court of Laurens County. Nothing contained herein shall be construed to authorize an increase in the compensation of the clerk or the sheriff of the City Court of Dublin, and such fees shall be collected by the clerk and the sheriff of the City Court of Dublin and paid by them to the county authority entitled to receive county funds for the benefit of Laurens County. Fees of clerk and sheriff. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal 1584. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will introduce in the next session of the General Assembly of the State of Georgia, which will convene on the 2nd Monday in January, 1956, an Act to amend an Act entitled An Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, approved December 6, 1900, and certain Acts amendatory thereof, by increasing the jurisdiction of the monthly term of said city court from $100.00 to $200.00, and by providing a change in the clerk's fees and the sheriff's fees on civil cases handled in said monthly term of the city court, and for other purposes.

Page 3031

This 23rd day of December, 1955. Paul J. Jones, Jr., Representative, Laurens County, Georgia. (24-31-7) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned will introduce in the next session of the General Assembly of the State of Georgia, which will convene on the 2nd Monday in January, 1956, an Act to amend an Act entitled An Act to establish the City Court of Dublin in and for the County of Laurens, and for other purposes, approved December 6, 1900, and certain Acts amendatory thereof, by increasing the jurisdiction of the monthly term of said city court from $100.00 to $200.00, and by providing a change in the clerk's fees and the sheriff's fees on civil cases handled in said monthly term of the city court, and for other purposes. This 23rd day of December, 1955. /s/ Paul J. Jones, Jr., Representative, Laurens County, Georgia. To be Published December 24th, December 31st, January 7th. State of Georgia, County of Laurens. I, W. H. Champion, editor of the Dublin Courier Herald, the official organ of Laurens County in which the advertisements of the sheriff's sales are published, do certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said notice having been published on December 24, December 31, and January 7th.

Page 3032

This 13 day of January, 1956. /s/ W. H. Champion, W. H. Champion, Editor, Dublin Courier Herald, Dublin, Georgia. Approved March 6, 1956. HALL COUNTYADVISORY REFERENDUMS. No. 325 (House Bill No. 240). An Act to provide that the Commissioners of Roads and Revenues of Hall County, Georgia, shall, in their discretion, have the power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County, Georgia, can express their opinion on such issues as the Commissioners of Roads and Revenues of Hall County may deem advisable to submit to the voters of the county; to provide for the method of calling, holding, and paying for such referendum, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Commissioners of Roads and Revenues of Hall County, Georgia, shall, in their discretion by majority vote, have the power and authority to call and provide for the holding not more than once in each calendar year of an advisory referendum in which the qualified voters of Hall County can express their opinion on such issues as the commissioners of roads and revenues may deem advisable to submit to the qualified voters of Hall County. Referendums. Section 2. Such referendum shall be called by passage of a resolution by the Commissioners of Roads and Revenues

Page 3033

of Hall County fixing the date thereof and stating the issues to be placed upon the referendum ballot. How called. Section 3. The resolution referred to in the preceding section shall be published at least once in the official publication organ of Hall County not less than 15 nor more than 30 days prior to the date on which the referendum is to be held. Notice. Section 4. The Commissioners of Roads and Revenues of Hall County shall in writing instruct the Ordinary of Hall County to prepare the ballots, conduct and supervise the holding of the referendum in the same manner as provided by law for holding special elections, tabulate the results, and report the results in writing to the Commissioners of Roads and Revenues of Hall County. It shall be the ordinary's duty to comply with said instructions and the results of the referendum shall be entered on the minutes of the Commissioners of Roads and Revenues of Hall County. Conduct. Section 5. The cost of holding such referendum shall be paid by Hall County as an administrative expense of the county. Section 6. All laws or parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that local legislation will be applied for in the General Assembly of Georgia which convenes in January 1956 which will give the Commissioners of Roads and Revenues of Hall County, Georgia, the power and authority to call and provide for the holding of an advisory referendum not more than once in each calendar year in which the qualified voters of Hall County, Georgia, can express their opinion on such issues as the Commissioners of Roads and Revenues of Hall County, Georgia, may deem advisable to submit to the voters of the county; and to provide for the method of calling, holding, and paying for such referendums.

Page 3034

This notice is given in compliance with Sections 2-1915 and 47-801, Georgia Code Ann. Board of Commissioners of Roads and Revenues, /s/ C. T. Abercrombie, Chairman. /s/ Tom J. Blackstock. /s/ R. G. McConnell. Affidavit. Wm. B. Gunter and W. M. Williams personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn say: That the attached and foregoing Notice of Local Legislation was published in the Gainesville Morning News, the official organ for Hall County, Ga., once a week for three weeks during a period of sixty days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made for the purpose of showing compliance with the Constitution and Laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to said bill. /s/ Wm. G. Gunter. /s/ W. M. Williams. Sworn to and subscribed to before me, this 23 day of Jan., 1956. /s/ Paul McKelvy, Notary Public. Approved March 6, 1956.

Page 3035

ATLANTARECREATION FACILITIES. No. 327 (House Bill No. 108). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. The mayor and board of aldermen shall have full and complete power and authority to sell, exchange, farm out, lease, rent or in any way alien property and facilities dedicated to and used as parks, playgrounds, golf courses, recreational facilities, together with all other property connected therewith. All restrictions contained in the charter as amended set out as Section 18.9 of the charter and related laws of the City Code of the City of Atlanta of 1953 are specifically repealed. All such property may also be devoted to any other public use in the discretion of the mayor and board of aldermen. Recreation areas. Section 3. All laws and parts of laws in conflict herewith are hereby repealed.

Page 3036

Georgia, Fulton County. Personally appeared before me, the undersigned, Hoke Smith author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspaper in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1956 session of the General Assembly, which convenes on Monday, January 9, 1956, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican. Representative M. M. (Muggsy) Smith. Representative Hoke Smith. Representative Hamilton Lokey. Dec 20 27 Jan 3 This 11 day of Jan., 1956. /s/Hoke Smith.

Page 3037

Sworn to and subscribed before me, this 12 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed) Approved March 6, 1956. WINDERREAL PROPERTY EVALUATION. No. 328 (House Bill No. 488). An Act to amend the Act of the General Assembly of Georgia, approved August 4, 1917 (Ga. L. 1917, p. 926 et seq.) as heretofore amended, creating a new charter for the City of Winder, Georgia, so as to provide and confer upon the City of Winder the right, power and authority to establish, provide and maintain through a cadastral survey, a field book system for real property identification and evaluation; to provide that City of Winder may contract with others to provide for same; to provide that City of Winder may contract with the authorities of Barrow County to secure such and like information and how same may be obtained; to provide that informations from such cadastral surveys and informations be used in making tax assessments and equalizations by City of Winder; to provide funds for making of such and like surveys and informations and the establishment and for the providing and maintenance of cadastral surveys and of books and surveys and systems therefor; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage and approval of this Act, the charter of the City of Winder found in

Page 3038

the Acts of 1917, page 926 et seq., approved August 4, 1917, be amended in accordance with the caption of this Act by adding the following sections thereto: Section 1. The City of Winder shall have the right, power and authority to, and may, establish, provide and maintain a cadastral survey, a field book system for real property identification and evaluation, including card indexes and other appropriate and authorized systems carrying any relative information in connection with the real property situated in the corporate limits of City of Winder as now defined or hereafter amended. Field book system. Section 2. The field book system and all records and information developed and maintained by the cadastral survey herein provided for shall be available to and a guide for the tax assessor and assessors of City of Winder, who shall utilize the information thus obtained to the end that tax assessments throughout the City of Winder may be equalized. Section 3. The right, powers and authority granted to the City of Winder by this Act, shall and does include the right, powers and authority that the City of Winder may contract with others, and may contract with the authorities of Barrow County, to provide, make and obtain and maintain, through such cadastral survey a field book system for real property identification and evaluation as to real property situated within such corporate limits of City of Winder. Section 4. The City of Winder, through its mayor and council, is hereby authorized and empowered to pay the expenses of the establishment and maintenance of the cadastral survey provided for in this Act, either in whole or in part from funds raised by taxes in City of Winder. Section 5. Separability: The various parts of this Act are hereby declared separable, and if any provision, section, sentence or part of this Act shall be held invalid, the remainder of this Act other than that part or parts

Page 3039

which is declared invalid, are hereby declared separate and shall not be affected thereby. Section 6. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given by City of Winder of intention to apply for local legislation at the next regular session of the General Assembly of Georgia, convening in January 1956, to amend An Act to provide and create a new charter for the City of Winder, in Barrow County, (Ga. L. 1917, pp. 926 to 972 inclusive), and Acts amendatory thereof, to provide for and that City of Winder provide and contract with others to provide through a cadastral survey, a field book system for real property identification and evaluation, and to provide that City of Winder may contract with the authorities of Barrow County to secure such and like information and how same may be obtained; and to provide funds for the making of such and like surveys and informations and the establishment and maintenance thereof and of books and surveys therefor; and that any pertinent amendment to this proposed legislation may be offered and notice thereof is hereby given; and to provide that informations from such cadastral surveys and informations be used in making tax assessments and equalizations by City of Winder; and for other purposes. City of Winder, By Mayor and Council. By J. Guy Ouzts, Mayor. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Russell, Jr., who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which

Page 3040

is the official organ of said County, on the following dates: Dec. 28, 1955, Jan. 4, 1956, Jan. 11, 1956. /s/ Robert L. Russell, Jr., Representative, Barrow County. Sworn to and subscribed before me this 6 day of Feb., 1956. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 6, 1956. CRIMINAL COURT OF FULTON COUNTYJUDGES' SALARY. No. 329 (House Bill No. 523). An Act to amend an Act entitled An Act to establish the Criminal Court of Atlanta approved September 6, 1891, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as thereafter amended so as to increase and fix the annual salaries of the judges of said Criminal Court of Fulton County; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same, that the Act entitled, An Act to establish the Criminal Court of Atlanta approved September 6, 1891, as amended by an Act approved February 23, 1935, and as further amended by an Act approved March 28, 1935, and as thereafter amended, be and the same is hereby further amended by providing that from and after the passage of this Act, the annual salary of the judges of the said Criminal Court of Fulton County shall be twelve

Page 3041

thousand six hundred ($12,600.00) dollars each, payable in monthly installments out of the treasury of Fulton County. Salaries. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 20th day of December, 1955, and once each week thereafter for 3 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 2nd day of February, 1956. /s/ Mildred N. Lazenby, Notary Public. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1956 General Assembly, which convenes on Monday, January 9, 1956, for the passage of local legislation to amend the Act entitled:

Page 3042

An Act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an Act establishing City Court of Atlanta, passed December 15, 1871, and Acts amendatory thereof, and for other purposes (Ga. L. 1890-1891, Vol. 2, p. 935) and the several Acts amendatory thereof. The legislation may contain any matter germane to said Act, as amended. Senator Everett Millican. Representative M. M. (Muggsy) Smith. Representative Hoke Smith. Representative Hamilton Lokey. Dec 20 27 Jan 3 Approved March 6, 1956. COMPENSATION TO B B BEVERAGE COMPANY. No. 90 (House Resolution No. 150-428d). A Resolution. To compensate the B B Beverage Company for damages to its truck when hit by a vehicle owned by the State Highway Department and operated by an employee of the State Highway Department; and for other purposes. Whereas, on May 12, 1955, an agent of the B B Beverage Company was driving a 1954, two ton Ford truck, the property of said company, along State Highway #197 in Rabun County, Georgia; and Whereas, on a curve on said highway, a State Highway Department truck driven by Jesse H. Turpen, an employee of said department, skidded on the pavement which was wet due to rain. Said State Highway truck skidded to the left side of the road and struck

Page 3043

the truck of the B B Beverage Company which had pulled almost entirely off of the road to avoid a collision with said truck and had almost stopped when the said collision occurred. Whereas, said collision probably would not have occurred had not the driver of the Highway Department truck lost control of his vehicle by applying his brakes upon the wet and slippery surface; and Whereas, the truck of the B B Beverage Company was damaged as the result of said collision in the amount of $224.24. Therefore, be it resolved by the House of Representatives and the Senate concurring that the State Highway Department is hereby ordered and directed to pay to the B B Beverage Company, the sum of $224.24 for damage to said company's truck. This sum shall be paid from the funds appropriated to said department. Approved March 6, 1956. COMPENSATION TO PRESTON MORRIS. No. 91 (House Resolution No. 125-348c). A Resolution. To compensate Preston Morris for damages to his automobile caused by an employee of the State Highway Department operating a State owned vehicle. Whereas, on or about the 15th day of November 1953, Preston Morris was driving his one-half ton Chevrolet pickup truck on U. S. Highway No. 27 at a point approximately north of Buchanan, Georgia, and Whereas, Robert Bowling, an employee of the State

Page 3044

Highway Department, was driving a truck owned by the State Highway Department and said Bowling ran in front of and into the automobile of Preston Morris, causing damage to said automobile; and Whereas, the cost of repairing the automobile was one hundred sixty-three dollars and thirty-one cents ($163.31); Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department of Georgia, is hereby ordered and directed to pay to Preston Morris, the sum of one hundred sixty-three dollars and thirty-one cents ($163.31) as compensation for the damage to his automobile. The payment of said sum shall be made from funds available to the State Highway Department of Georgia. The payment shall satisfy all claims due to said accident. Approved March 6, 1956. COMPENSATION TO DR. JOHN MOONEY. No. 95 (House Resolution No. 29-96b). A Resolution. To compensate Dr. John Mooney; and for other purposes. Whereas, on February 22, 1954 Mrs. Dorothy Mooney was driving the automobile belonging to her husband, Dr. John Mooney, and stopped for a traffic light at the intersection of South Main and Grady Streets in Statesboro, Georgia, and while so stopped, said automobile was struck by a State Highway Department truck driven by Billy M. Crow, of Statesboro, Georgia; and Whereas, the car belonging to Dr. John Mooney

Page 3045

was damaged in the sum of $141.86, and such damage occurred through no fault whatsoever on the part of Mrs. Mooney, the driver of the car, and it is only just and proper that compensation be paid; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay the sum of $141.86 to Dr. John Mooney of Statesboro, Georgia, as compensation as set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 6, 1956. COMPENSATION TO HAL SAUNDERS, JR. No. 99 (House Resolution No. 173-477j). A Resolution. To compensate Hal Saunders, Jr., for expenses incurred; and for other purposes. Whereas, on October 4, 1954, Hal Saunders, Jr., was injured when he fell from a bridge under construction over Peachtree Creek while he was employed by the State Highway Department; and Whereas, Hal Saunders, Jr., has incurred expenses in the amount of $827.00 for nursing care; and Whereas, it is only just and proper that he be reimbursed for such expenses; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay to Hal Saunders, Jr., the sum of $827.00 for nursing expenses incurred

Page 3046

by him. Such sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved March 6, 1956. LAW BOOKS TO RANDOLPH COUNTY. No. 101 (House Resolution No. 236). A Resolution. Requesting the State Librarian to furnish to the Superior Court of Randolph County, without cost to said county, certain law books; and for other purposes. Whereas, there are missing from the library of the Superior Court of Randolph County certain law books; and Whereas, the business of said court is hampered and delayed because of the lack of such books; Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby requested to furnish to the Superior Court of Randolph County, without cost to said county, the following law books: Georgia Supreme Court Reports Numbers 1, 3, 6, 8, 9, 10, 14, 16, 17, 19, 20, 21, 22, 25, 31, 33, 37, 38, 40, 41, 43, 44, 46, 48, 50, 51, 53, 54, 55, 56, 58, 59, 61, 62, 63, 64, 65, 66, 67, 89, 94, 114, 122, 146, 148, 190, 193, 196, 203; and Georgia Court of Appeals Reports Numbers 31, 32, 83 and 84. Be it further resolved that if for any reason the State Librarian can not furnish the above books, the Governor is hereby requested to draw his warrant

Page 3047

for the amount required for the same, provided said funds are available from any unappropriated funds. Approved March 6, 1956. COMPENSATION TO MRS. ANN H. MEYER. No. 102 (House Resolution No. 197-531L). A Resolution. To compensate Mrs. Ann H. Meyer; and for other purposes. Whereas, on January 25, 1955, Mrs. Ann H. Meyer was driving her motor vehicle, a 1954 Ford, on U. S. Highway No. 23 in Gwinnett County, Georgia, about one and six-tenths (1.6) miles south of Norcross, Georgia, when a Georgia Highway Department truck, operated by Mr. Dewey Shubert, was backed into Mrs. Meyer's vehicle, damaging it in the amount of eighty-eight and 21/100 ($88.21) dollars, and Whereas, the collision occurred through no fault or negligence whatsoever on the part of Mrs. Meyer, and it is only just and proper that she be compensated for the expenses incurred as a result thereof. Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department of Georgia is hereby authorized and directed to pay the sum of fifty ($50.00) dollars to Mrs. Ann H. Meyer as compensation for her damages as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department of Georgia. Approved March 6, 1956.

Page 3048

COMPENSATION TO EARLY T. GRANT AND JOHN A. WILLDING. No. 103 (House Resolution No. 127-348e). A Resolution. Compensating Early T. Grant and John A. Willding; and for other purposes. Whereas, on or about January 1, 1956, a truck with a dirt pan attached thereto, being operated by an employee of the Georgia Forestry Commission, was being driven along the public square in Forsyth, Georgia, and Whereas, said dirt pan became loose from the truck and rammed into a car parked on the square, which car belonged to Mr. Early T. Grant, and Whereas, said car was damaged in the amount of $158.26, and Whereas, Mr. Grant uses his car daily in his work as a public official, and was forced to rent a car while this was being repaired, the total rental being $20.00 and Whereas, Mr. Grant incurred the aforesaid expenses through no fault or negligence whatsoever on his part, and it is only just and proper that he be compensated therefor. Now, therefore, be it resolved by the General Assembly of Georgia, that the Georgia Forestry Commission is hereby authorized and directed to pay to Mr. Early T. Grant the sum of $178.26 as compensation, as set out above. Said sum shall be paid from funds appropriated to or available to said department. Whereas, on November 20, 1953, at approximately

Page 3049

2:25 P.M., Mr. John A. Willding was driving his 1953 Buick automobile along U. S. Highway 41 at a point approximately 3.3 miles south of Cartersville, Georgia, when a 1945 pick-up truck owned by the State Highway Department, and driven by Mr. J. L. Brown, an employee of the State Highway Department, crossed the center of the highway and sideswiped car belonging to Mrs. Frances Massey Evans, and then smashed into the car driven by Mr. Willding, damaging it to the extent of five hundred ten dollars and eighteen cents ($510.18) which covers actual damages, and Whereas, it is only just and proper that Mr. Willding be compensated for the actual damage to his car. Now therefore be it resolved by the General Assembly of Georgia that the Georgia State Highway Department be ordered and directed to pay Mr. John A. Willding the sum of five hundred ten dollars and eighteen cents ($510.18) as compensation for damages as set out above, said sum to be paid by the State Highway Department from funds appropriated or available to the said department. Approved March 6, 1956. COMPENSATION TO NOLIN BURL RANDOLPH. No. 106 (House Resolution No. 157-454d). A Resolution. To compensate Nolin Burl Randolph for damages; and for other purposes. Whereas, on Saturday, July 23, 1955, at approximately 12:09 P. M., at the intersection of Carver Road and Mount Zion Road in Spalding County, Georgia, a 1949 Studebaker pick-up truck owned by Nolin Burl

Page 3050

Randolph was damaged as the result of a collision of the aforesaid truck and an automobile operated by William Novin Darsey, employed by the Department of Public Safety as a license examiner; and Whereas, the collision resulted from the failure of the employee of the vehicle owned by the Department of Public Safety; and Whereas, Nolin Burl Randolph has not been compensated for the damages resulting from the collision and it is just and proper that he be compensated; and Whereas, the damages to the truck owned by Nolin Burl Randolph were in excess of one hundred and seventy-five ($175.00) dollars: Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Safety is hereby authorized and directed to compensate Nolin Burl Randolph of Griffin, Georgia, for the damages enumerated herein. Such funds shall be paid from the funds appropriated to or available to the Department of Public Safety. Approved March 6, 1956. COMPENSATION TO MRS. HENRY C. HILL. No. 107 (House Resolution No. 169-477f). A Resolution. To compensate the widow of Henry C. Hill; and for other purposes. Whereas, on March 23, 1953, Mr. Henry C. Hill, then a resident of Turner County, Georgia, was injured in an automobile accident on Georgia State Highway

Page 3051

112, approximately six and one-half miles east of Sylvester, Georgia, from which injuries Mr. Hill never recovered and died on December 17, 1953; and Whereas, Julian Rogers Britt, an employee of the State of Georgia as a State Trooper was answering an emergency call and on official business of the State Patrol of the State of Georgia did skid across the highway and strike the automobile in which Mr. Hill was a passenger; and Whereas, said accident was in no way due to the negligence of Mr. Hill or the driver of the car in which he was riding; and Whereas, Mr. Hill was the sole support of his wife, Mrs. Henry C. Hill, and she has been left destitute by his death. Now, therefore, be it resolved by the House of Representatives and the Senate concurring, that the Department of Public Safety is hereby ordered and directed to pay to the widow of Henry C. Hill, Mrs. Henry C. Hill, the sum of $5,000.00. This payment shall be made from funds appropriated or available to said department. Approved March 6, 1956. COMPENSATION TO MRS. W. A. JOHNSON. No. 108 (House Resolution No. 119-319j). A Resolution. To compensate Mrs. W. A. Johnson for injuries caused by a wire trailing from a State Highway bus; and for other purposes. Whereas, on September 2, 1953, at approximately

Page 3052

6:30 or 7 A.M., Mrs. W. A. Johnson of Montgomery County was injured by a wire being pulled by a bus operated by the State Highway Department, when the wire wrapped around Mrs. Johnson's left leg (below the knee) and pulled her down and dragged her along the road; and Whereas, Mrs. Johnson was walking north along State Route #56 and was about three feet off the pavement on the left side of the road, and the bus was proceeding south; and Whereas, the wire had, in some manner, become attached to said bus in such manner as to be dragged by the bus; and Whereas, the occupants of the bus knew that the wire had become attached to the vehicle and that they intended stopping at the top of the hill to remove the wire; and Whereas, the bus was under the supervision of Herman Dorsey, superintendent; and Whereas, the injuries were caused by the failure to promptly remove the wire when its presence became known; and Whereas, Mrs. Johnson was confined and disabled for more than a month and was unable to perform her normal duties for more than six months and suffers pain continuously; and Whereas, the sum of $500.00 would be a just compensation for the injuries, pain and suffering caused by the negligence of the said act; Now, therefore, be it resolved by the General Assembly, that the State Highway Department is hereby authorized and directed to pay the sum of $500.00 to Mrs. W. A. Johnson of Montgomery County as compensation

Page 3053

as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved March 6, 1956. COMPENSATION TO FOUNTAIN'S DRY CLEANERS AND LAUNDRY, INC. No. 112 (House Resolution No. 39-109a). A Resolution. Authorizing payment to Fountain's Dry Cleaners and Laundry, Inc., for damages to its truck. Whereas, on October 7, 1955, about 2:30 P.M., Harmon Donald Blackmon was driving a truck owned by Fountain's Dry Cleaners and Laundry, Inc., of Warner Robins, Georgia, on U. S. Highway 41 about 10 miles north of Perry, Georgia, at a speed of approximately 50 m.p.h., when, coming over the crest of a hill, he came upon State Highway truck, tag #1395, driven by Eschol Wilkin Cravey, proceeding in the same direction at a low rate of speed, the driver appearing to be supervising the cutting of grass on the shoulders of the road by some other Highway employees; the left lane of the highway being free from oncoming traffic, the driver of the Fountain truck blew his horn and started to pass the Highway truck to the left when suddenly, without warning, the driver of the Highway truck cut to his left causing a collision between the two vehicles; and Whereas, as a result of this collision, Fountain's truck, a 1953 Chevrolet one-ton panel truck, bearing a 1955 Georgia license AB 9901, was totally demolished; and Whereas, before this accident Fountain's truck had

Page 3054

a fair market value of $1,000.00 and after this accident the high salvage bid obtained for the wreck amounted to $165.00, thus reflecting a net damage of $835.00; and Whereas, said accident was caused by the gross negligence of the State Highway employee, Eschol Willkin Cravey, while actually engaged in his duties as a truck driver for said department; and Whereas, the said employee, Eschol Wilkin Cravey, is not financially responsible or capable of paying said damages personally; and Whereas, said Fountain's Dry Cleaners and Laundry, Inc., has no remedy at law to recover said damages from the State Highway Department; Now, therefore, be it resolved by the House of Representatives, the Senate concurring, that the State Highway Department hereby is ordered and directed to pay to Fountain's Dry Cleaners and Laundry, Inc., the sum of $100.00, the uninsured portion of the actual damage incurred by it as a result of the accident occurring October 7, 1955, said sum to be paid from funds appropriated to and/or availabe to said department. Approved March 6, 1956. LAW BOOKS TO STEWART COUNTY. No. 113 (House Resolution No. 151-428e). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court and the Ordinary of Stewart County; and for other purposes.

Page 3055

Whereas, some of the volumes of the Georgia Supreme Court Reports and Georgia Court of Appeals Reports are missing from the office of the Clerk of the Superior Court of Stewart County and the office of the Ordinary of Stewart County, and Whereas, such books are necessary for the transaction of the business of the superior court and the court of ordinary, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish to the Clerk of the Superior Court and the Ordinary of Stewart County the volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports as set out hereinafter, without cost to the clerk or the ordinary or to the county, except for the payment of packing and transportation charges, if any, which shall be paid by Stewart County. Clerk of the Superior Court: Georgia Supremen Court Reports, Volumes 19, 20, 21, 29, 37, 44, 48, 60, 61, 63, 80, 111, 113, 118, 127, 132, 135, 136, 137, 157, 166, 178, 184, 186 and 206; Georgia Court of Appeals Reports, Volumes 1, 2, 3, 4, 7, 8, 10, 13, 14, 17, 24, 27, 29, 30, 35, 40, 44, 48, 55, 57, 59, 61, 63 and 74. Ordinary: Georgia Supreme Court Reports, Volume 19; Georgia Court of Appeals Reports, Volumes 10, 44 and 59. Be it further resolved, that if, for any reason, the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided such funds are available from any unappropriated funds. Approved March 6, 1956.

Page 3056

COMPENSATION TO W. S. MOONEYHAM. No. 114 (House Resolution No. 112-319c). A Resolution. Compensating W. S. Mooneyham; and for other purposes. Whereas, on November 15, 1955, Mr. W. S. Mooneyham was driving a truck belonging to the State Highway Department of Georgia in the performance of his duties as an employee of such department, and Whereas, the traffic light at the corner of Ridge and Capitol Avenues in Atlanta, Georgia, allows for a through line of traffic on Ridge Avenue when the light shows red, and Whereas, Mr. Mooneyham was unaware of such through lane of traffic, and the traffic light was such as not to indicate to him that a through lane of traffic should be allowed when the light was red, and Whereas, as a result thereof, the truck driven by Mr. Mooneyham collided with a station wagon belonging to Mr. Harold M. Sweat, which station wagon was damaged in the amount of $112.50, which Mr. Mooneyham has remitted to Mr. Sweat, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department is hereby authorized and directed to pay to Mr. W. S. Mooneyham the sum of $112.50, as compensation as set out above. Said sum shall be paid from funds appropriated to or availabe to said department. Approved March 6, 1956.

Page 3057

COMPENSATION TO QUANTE PLUMBING AND HEATING COMPANY. No. 116 (House Resolution No. 128-348f). A Resolution. To provide for payment to the Quante Plumbing and Heating Company, a sum of $111.66 for damage to said company's General Motors one-ton pick-up truck, said damage being caused from a collision by a truck of the State Highway Department of Georgia and driven by an employee of the State Highway Department; and Whereas, on January 7, 1955, at approximately 12 o'clock noon, Mr. M. J. Hanson, an employee of the Quante Plumbing and Heating Company, was driving a truck of the said company on the Clyde Highway of Chatham County, Georgia; and Whereas, the State Highway Department on January 7, 1955, was constructing a canal under the said Clyde Highway, at approximately one-half mile from this construction, two dump trucks from the State Highway Department driven by employees of the State Highway Department were parked on and stradling said highway; and Whereas, the truck driven by Mr. M. J. Hanson stopped on the highway approximately 50 feet from the nearest of the said dump trucks, waiting for them to clear the road so that he could proceed. The last dump truck, after unloading, moved down the road backwards and collided with the truck driven by Mr. Hanson which was at a complete standstill. Mr. Hanson could do nothing but blow his horn in an effort to attract the attention of the driver in the dump truck; and Whereas, the said dump truck of the State Highway

Page 3058

Department backed into the front of the truck driven by Mr. Hanson, causing damage to the fender of said truck in the amount of $111.66; and Whereas, it appears that the damage caused to the truck of the Quante Plumbing and Heating Company, driven by Mr. M. J. Hanson, was caused by the negligence of the driver of the State Highway truck by failing to observe any traffic in its rear before backing said truck. It is therefore resolved by the House of Representatives, the Senate concurring, that the State Highway Department be and is hereby ordered and directed to pay to the Quante Plumbing and Heating Company, Montgomery and 43rd Streets, Savannah, Georgia, the sum of $111.66 as compensation for damages done to said company's one-ton pick-up truck on January 7, 1955, as a result of said accident. The payment of this sum shall be from the funds available to the State Highway Department. Approved March 6, 1956. COMPENSATION TO T. W. CHRISTIAN. No. 118 (House Resolution No. 158-454e). A Resolution. Proposing compensation to T. W. Christian of Ringgold, Georgia, for damages resulting from the death of cattle composed of one white face cow and two heifers. Said damage was the result of negligence of the Georgia Highway Department. Whereas, during the week of July 21st, 1955 the State Highway Department was engaged in painting a highway bridge known as the Daffron Bridge on

Page 3059

State Route 146 in Catoosa County, Georgia, adjacent to pasture belonging to T. W. Christian, and Whereas, during the course of said work poisonous paint was sprayed on the grass of said pasture of T. W. Christian by the employees of the State Highway Department, and Whereas, rags which had been soaked in the aforesaid paint were thrown into the aforesaid pasture by employees of the State Highway Department, and Whereas, the cattle belonging to the said T. W. Christian did eat said grass on which large quantities of poisonous paint had been sprayed and did eat said rags soaked with paint and as the result of same said cattle did die, and Whereas, the State Highway Department did not notify the said T. W. Christian of their intention to spray said bridge and did not notify him that in the course of painting said bridge they would spray poisonous paint on the grass of his pasture nor direct him to keep the aforesaid cattle away from the surrounding area of the aforesaid bridge, and Whereas, the loss of said cattle was three hundred and fifty ($350.00) dollars, now Therefore, be it resolved by the House of Representatives and the Senate concurring, that the State Department of Highways is hereby ordered and directed to pay to T. W. Christian of Ringgold, Georgia, the sum of three hundred and fifty ($350.00) dollars as compensation for the loss of his cattle. The payment of said funds shall be made from funds available to the Department of Highways through the State of Georgia. The payment shall satisfy all claims arising out of said accident. Approved March 6, 1956.

Page 3060

COMPENSATION TO MR. EMIL KALOCK. No. 119 (House Resolution No. 203-561b). A Resolution. To compensate Mr. Emil Kalock of 1321 Edgewater Drive, Orlando, Florida; and for other purposes. Whereas, on November 21, 1954, Mr. Emil Kalock was driving on Northside Drive in Atlanta, Georgia, and it was necessary for Mr. Kalock to stop in a line of traffic, and after so stopping his automobile was struck in the rear by an Air National Guard truck driven by A/1C Billy F. Noles, AF24730260, with the 116th Air Police Squadron, Georgia Air National Guard; and Whereas, the report submitted by the Atlanta Police Department indicates that the said truck was following too close and the road and weather conditions were not hazardous, and that the accident was caused by failure to judge the distance necessary to brake the Air National Guard vehicle prior to striking Mr. Kalock's automobile; and Whereas, as a result of this accident the automobile of Mr. Emil Kalock was damaged in the amount of $190.00. Now, therefore, be it resolved by the House of Representatives and the Senate concurring, that the Adjutant General be and is hereby ordered and directed to pay to Mr. Emil Kalock the sum of $190.00 as compensation for damages done to his automobile as a result of the aforementioned accident. Payment of said sum shall be from funds available to the Adjutant General. Approved March 6, 1956.

Page 3061

COMPENSATION TO CHARLIE B. SWINT. No. 120 (House Resolution No. 198-531m). A Resolution. To provide for payment to Charlie B. Swint the sum of seventy five ($75.00) dollars for damages to his Ford pick-up truck; and for other purposes. Whereas, on December 17, 1953, Charlie B. Swint, a resident of Gibson, Georgia, was driving his Ford pick-up on U. S. Highway No. 102; and Whereas, a State Highway Department maintenance barn is located along said Highway 102 and joined to same by a driveway; and Whereas, Charlie B. Swint, while driving said truck past said State Highway Department barn, one Wilbur Harper, a State Highway Department employee, was driving State Highway Department truck onto Highway 102 from said barn; and Whereas, said Wilbur Harper, without stopping, drove said Highway Department truck into and against the Ford pick-up truck being driven by and belonging to Charlie B. Swint; and Whereas, the Ford pick-up truck belonging to Charlie B. Swint, as a result of said collision, was damaged in the amount of seventy five ($75.00); and Whereas, Wilbur Harper was the sole proximate cause of said accident due to his negligent operation of said State Highway Department truck; and Whereas, Charlie B. Swint could not avoid said accident, Now, therefore, be it resolved by the General Assembly

Page 3062

of Georgia, that the State Highway Department be and is hereby ordered and directed to pay to Charlie B. Swint of Gibson, Georgia, the sum of seventy-five ($75.00) dollars as compensation for damages done to his pick-up truck on December 17, 1953, as the result of said accident. The payment of said sum shall be from funds available to the State Highway Department. Approved March 6, 1956. COMPENSATION TO C. B. PRICE. No. 121 (House Resolution No. 165-477b). A Resolution. Proposing the payment of surgical and hospital bills for C. B. Price, a towerman employed by the State Forestry Commission and injured while in the line of duty. Whereas, C. B. Price of Jesup, Georgia, was, on April 28, 1954, employed by the Georgia Forestry Commission as a towerman at the Wayne County Forestry Unit, and Whereas, on said date, Mr. Price, while pursuing the duties of his employment with the Commission, suffered a severe fall, resulting in the breaking of three ribs, possible injuries to the lung, chipping of the left elbow, and other broken bones and injuries, and Whereas, Mr. Price has been unable to work since said time, and will be permanently disabled unless an operation as prescribed by his physician is performed, and Whereas, said operation would save the State of Georgia several thousand dollars in perament disability

Page 3063

benefits under workmen's compensation, and Whereas, the surgeon's fees and hospital expenses for said operation have been estimated at four hundred twenty-five ($425.00) dollars, Now, therefore, be it resolved by the General Assembly of Georgia, that the Georgia Forestry Commission be directed to pay to the surgeon and hospital, all fees and bills incident to said operation, not to exceed a combined amount of five-hundred ($500.00) dollars in satisfaction of all claims therefor, and said sum to be paid from funds available to the Commission upon presentation of a bill therefor in due form. Approved March 6, 1956. BREMEN SCHOOL TAX. No. 330 (House Bill No. 512). An Act to authorize the governing authority of the City of Bremen, in Haralson County, to levy an additional tax for educational purposes; to provide for prior approval by the people regarding a certain portion of said tax; to prescribe the procedure connected therewith; to change the hours for holding elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of the City of Bremen, in Haralson County, is hereby authorized and empowered to provide for the assessment, levy and collection of an ad valorem tax of up to three (3) mills on the dollar, in addition to all other taxes now or hereafter authorized, the proceeds of which shall be kept separate and apart from all other funds of said city and used only for the annual educational expenses and purposes of the

Page 3064

city. The governing authority is authorized to levy a portion of said three (3) mill tax or it may levy the entire three (3) mills. School tax. Section 2. In the event the entire three (3) mill tax provided for hereinbefore is levied, the governing authority is hereby authorized to assess, levy and collect an additional ad valorem tax up to five (5) mills on the dollar of all real and personal property in said city, the proceeds of which shall be used for the same purposes as the three (3) mill tax provided for hereinbefore. Before any part or all of said five (5) mill tax may be levied by the governing authority, approval therefor must have been granted by the voters of the City of Bremen under the procedure as set out hereinafter. In the event the governing authority decides that a portion or all of said five (5) mill tax should be levied, a resolution to that effect must be passed and such resolution shall state the specific number of mills desired to be levied. It shall then be the duty of the governing authority to issue the call for an election for the purpose of submitting the question of such additional levy to the voters for ratification or rejection. Such call shall be issued not less than five (5) nor more than ten (10) days after the date of the aforesaid resolution. The date of the election shall be set by the governing authority for a day not less than twenty (20) nor more than thirty (30) from the date of the issuance of the call hereof. The date and purpose of the election and the amount of the additional levy desired shall be published once a week for two (2) consecutive weeks immediately preceding the date of the election in any newspaper published in said city, and, likewise, shall be posted in three (3) conspicuous places within said city. Procedure. Said election shall be held under the same laws, ordinances, and rules and regulations as elections for mayor and council are held, and the qualified voters shall be the same as those in the election of mayor and council. The ballots used therein shall have written or printed

Page 3065

thereon the words: For authorizing the levy of an additional tax of..... () mills for educational purposes. Against authorizing the levy of an additional tax of..... () mills for educational purposes. In the event a majority of voters voting at said election vote for authorization of the additional levy, the governing authority shall be authorized and empowered to levy such additional tax. If less than a majority of those voting vote for authorization, no such additional tax shall be levied. The governing authority shall declare the results of the election and shall enter the order declaring the results thereof upon the minutes of the city. It shall be the duty of the governing authority to certify the results thereof to the Secretary of State. In the event a majority of the votes cast at any such election or any subsequent election are not in favor of the additional levy, no such election for any amount of additional levy shall be held until at least after the expiration of six (6) months from the date of such election. In the event an additional tax levy is approved, the governing authority is hereby authorized and empowered to use its discretion in determining whether the entire additional levy shall be made or only a portion thereof. In the event any additional levy is authorized and the governing authority levies such additional tax, power is hereby granted to such governing authority to remove all or any portion of such additional tax levied if in its discretion such would be advisable. The same power and discretion granted in this paragraph as to any additional levy, which must be approved by the voters, is also granted relative to the three (3) mill levy provided for hereinbefore. Section 2. The polls at all elections in the City of Bremen, including elections for mayor and council, shall be opened at 7 o'clock A. M. and closed at 6 o'clock P. M. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3066

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to authorize the governing authority of the City of Bremen to levy an additional tax for educational purposes; to provide for prior approval by the people as regards a certain portion of said tax; to prescribe the procedure connected therewith; to change the hours for holding elections; and for other purposes. This 16th day of January, 1956. J. W. Lunceford, Mayor, City of Bremen, Georgia. Robert E. Rivers, J. W. Yoe, Claude Stovall, E. L. Rhodes, Council, City of Bremen, Georgia. 1:19, 26; 2:2 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold L. Murphy, who, on oath, deposes and says that he is Representative from Haralson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune, which is the official organ of said County, on the following dates: Jan. 19 and 26th, 1956 and February 2, 1956. /s/ Harold L. Murphy, Representative, Haralson County.

Page 3067

Sworn to and subscribed before me this 6 day of February 1956. /s/ Janette Hirsch, Notary Public Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 6, 1956. SANDERSVILLE CORPORATE LIMITS EXTENDED. No. 331 (House Bill No. 516). An Act to amend an Act creating the city charter of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), so as to change the corporate limits of the City of Sandersville; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the city charter of Sandersville, approved February 13, 1941 (Ga. L. 1941, p. 1692), is hereby amended by adding a new paragraph to the end of Section 1 to read as follows: In addition to the area now embraced within the corporate limits of the City of Sandersville the following described property shall likewise be embraced within the corporate limits of said city. Beginning at a point on the center line of Georgia State Route 15, between Sandersville and Tennille, at a distance of 1.7 miles (one and seven-tenths miles) from the present city limit center, straight line distance, thence going in a westerly direction and perpendicular to the center line of Georgia State Route 15, a distance of 500

Page 3068

feet, thence on a straight line to a point where the present city limit circle intercepts Kaolin Road. Description. Beginning at the same said point, 1.7 miles from the present city limit center, on Georgia Star Route 15, between Sandersville and Tennille, and going in an easterly direction and perpendicular to the center line of Georgia State Route 15, a distance of 500 feet, thence on a straight line to a point where the present city limit circle intercepts the Riddleville Road, also commonly known as Georgia State Route 242. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Public Notice. I will introduce a local bill in the current session of the General Assembly to amend the charter of the City of Sandersville so as to restore the city limits of Sandersville to Tennille Highway to its original position before the charter was adopted. Signed Harvey Roughton, Representative, Washington County. (3t). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harvey Roughton, who, on oath, deposes and says that he is Representative from Washington County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Sandersville Progress, which is the official organ of said County, on the following dates: Jan. 18th 25th and Feb. 1, 1956. /s/ Harvey Roughton, Representative, Washington County.

Page 3069

Sworn to and subscribed before me this 6 day of Feb. 1956. /s/ J. D. Carlisle, Notary Public, Bibb County, Ga. Approved March 6, 1956. FULTON COUNTY JUDGES AND SOLICITOR-GENERAL'S RETIREMENT SYSTEM. No. 332 (House Bill No. 420). An Act to amend an Act entitled An Act to provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County... and for other purposes approved January 31, 1946 (Ga. L. 1946, pp. 299-303), and the several Acts amendatory thereof so as to allow credit for former employment with Fulton County; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same that the Act entitled An Act to provide for the retirement of the Judges and the Solicitor General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County... and for other purposes approved January 31, 1946 (Ga. L. 1946, pp. 299-303) and the several Acts amendatory thereof, be further amended as follows: Section 1. There shall be added a new section to be known as Section 4 (a), as follows: Section 4 (a). Any present or future judge or solicitor general, who is, or who may hereafter be entitled to the benefits of this Act, who has served as an

Page 3070

employee of Fulton County and as such employee, is entitled to the benefits of a pension system established for such employee, may receive credit for such service with Fulton County, other than as a judge or solicitor, by notifying the trustees of this fund of his election to obtain such credit and benefit, and by paying into the pension fund five (5%) percent of the amount of the salary of a judge or solicitor in Fulton County during the period when such judge or solicitor so claiming benefit, was actually in service as an employee of Fulton County. Such payment may be made over a period of thirty-six (36) months on deferred installments at the rate of three (3%) per annum; provided, no benefit shall be received by the judge or solicitor claiming credit under this provision, until he has paid all of the sums required of him for credit for prior service as an employee of Fulton County, and provided further that the amount of any sum owing after such election to obtain credit may be deducted from any sum or sums which otherwise the judge or solicitor would be entitled to receive as a benefit under this Act. The judge or solicitor shall have as a credit all sums which he may have paid to any pension fund of Fulton County during his prior service as an employee, without deduction, which sums shall be paid by the treasurer of Fulton County or by the trustees of the pension fund, as the case may be, to the trustees and treasurer of the Judges and Solicitors General's Retirement Fund of Fulton County. Service credits. Section 2. There shall be added to the amendment approved February 8, 1955, a new section to follow Section 2 of said amendment to be designated as Section 2 (a) and read as follows: Section 2 (a). Be it further enacted by the authority aforesaid that any of the officers who come within the provisions of this Act and who have not heretofore qualified to participate in the benefits provided in said Act as amended, be, and they are hereby allowed and permitted to qualify for a pension for themselves and their widows as provided under the provisions of this Act providing

Page 3071

any official now serving may within thirty (30) days from the approval of this Act, notify the trustees that he elects to qualify for retirement and also elects to qualify for the benefits provided for his widow and shall pay into the fund the percentages of his salary required by the terms of this Act as amended from January 31, 1946 or from the date of appointment. The payments required to be made shall be divided into thirty-six (36) equal monthly installments which may be deducted from the compensation of such officer and shall be deposited into a retirement fund created by this Act, as amended, said deductions shall be in addition to the deductions otherwise required. The officer qualifying shall have as a credit all sums which he may have paid to any pension fund of the county during his prior service as an employee or officer, without deduction, which sum shall be paid by the treasurer of Fulton County or the trustees of the pension fund, as the case may be, to the trustees and treasurer of the Judges and Solicitors General's Retirement Fund of Fulton County. Notice of intention to participate. Section 3. All laws or parts of laws in conflict herewith be, and the same are hereby repealed. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are

Page 3072

published, and that the publication, of which the annexed is a true copy, was published in said paper on the 29th day of December, 1955, and once each week thereafter for 3 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 25th day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the coming (January 1956) session of the General Assembly of Georgia for local legislation to amend the Act to provide for the retirement of the Judges and the Solicitor-General of the Criminal Court of Fulton County, the Judges of the Civil Court of Fulton County and the Judge of the Juvenile Court of Fulton County, approved January 31, 1946 (Ga. L. 1946, p. 299), as heretofore amended. This 28th day of December, 1955. Harold Sheats, County Attorney, Fulton County. Dec 29 Jan 5 12 19 tfn. Approved March 6, 1956. CLAYTON COUNTY COMMISSIONERS. No. 333 (House Bill No. 399). An Act to amend an Act creating a three-member Board of Commissioners of Roads and Revenues of Clayton County, approved February 8, 1955 (Ga. L. p. 2064),

Page 3073

so as to provide for the term of office of the chairman and the vice-chairman of said board; to increase the compensation of the members of the board other than the chairman; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a three-member Board of Commissioners of Roads and Revenues of Clayton County, approved February 8, 1955 (Ga. L. p. 2064), is hereby amended by striking Section 5 of said Act in its entirety and inserting in lieu thereof the following: Section 5. At each first regular meeting in January immediately following the election of the members to the board, the members shall elect a chairman and vice-chairman. The chairman and vice-chairman so elected shall serve for four (4) years and until their successors are elected at the next first meeting in January following the election year of board members. Any member may succeed himself as chairman or vice-chairman if reelected to the board. In the event that the members of the board are unable to elect a chairman, the senior Judge of the Superior Court of Clayton County shall designate one of the members as chairman. In the event that the members of the board are unable to elect a vice-chairman, the senior Judge of the Superior Court of Clayton County shall designate one of the members as vice-chairman. Election of chairman and vice-chairman. Section 2. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The chairman of the board shall be compensated in the amount of six thousand two hundred and fifty ($6,250.00) dollars per annum to be paid in equal monthly installments from the funds of Clayton County. The county shall furnish the chairman with gasoline and oil for his automobile when used for county business and he shall be allowed five cents (.05) per mile for the use of his automobile when used for county business, but such mileage allowance shall not exceed six hundred ($600.00) dollars per annum. Such mileage allowances shall be paid monthly. The other two members of the board shall be compensated in the amount of two thousand ($2,000.00) dollars per annum to be paid in equal monthly installments. Such other members shall also be allowed five cents (.05) per

Page 3074

mile for the use of a personal automobile when used for county business, but such mileage shall not exceed three hundred ($300.00) dollars per annum. Such mileage allowances shall be paid monthly. The chairman of the board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the board. All three members of the board, however, shall have an equal vote in all matter pertaining to the affairs of Clayton County, and the chairman shall carry out and administer the policies set by the board. Two members of the board shall constitute a quorum for the conducting of business, but it shall always take a concurrent vote of at least two members of the board to make any action official. Compensation and expenses. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Clayton. This is to certify that the above notice to apply for local legislation was published in the Forest Park Free Press and Clayton County News Farmer, legal organ of Clayton County three times in the required 60 days as specified by law. /s/ J. C. Collins J. C. Collins Business Manager.

Page 3075

Sworn to and subscribed before me this 23rd day of January 1956. /s/ Marion M. Mann Notary Public Notary Public, Clayton County, Ga. My commission expires Sept. 28, 1957. (Seal Affixed). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to provide that the Chairman of the Board of County Commissioners of Clayton County shall be elected by the people; to make changes relative to districts; to make changes relative to compensation; and for other purposes. This 23rd day of December, 1955. E. Alvin Foster, Edgar Blalock, Representatives, Clayton County. Publisher's Affidavit. State of Georgia, County of Clayton. This is to certify that the above notice to apply for local Legislation was published in the Forest Park Free Press and Clayton County News Farmer, legal organ of Clayton County three times in the required 60 days as specified by law. /s/ J. C. Collins J. C. Collins Business Manager.

Page 3076

Sworn to and subscribed before me this 23rd day of January 1956. /s/ Marion M. Mann Notary Public Notary Public, Clayton County, Ga. My commission expires Sept. 28, 1957. (Seal Affixed). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to provide that the Chairman of the Board of County Commissioners of Clayton County shall be elected by the people; to make changes relative to districts; to make changes relative to compensation; and for other purposes. This 23rd day of December, 1955. E. Alvin Foster, Edgar Blalock, Representatives, Clayton County. Approved March 6, 1956. CITY COURT OF DECATURJUDGE'S SALARY. No. 334 (House Bill No. 577). An Act to amend an Act entitled An Act to create and establish the City Court of Decatur; to define the jurisdiction thereof, to fix the terms of said court and to prescribe the methods and procedure therein, to provide for the appointment of the judge and solicitor of said court, and for other purposes, approved August 16, 1922, and the several Acts amendatory thereof

Page 3077

so as to change and increase the salary of the judge of the said court, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act creating and establishing the City Court of Decatur in and for the County of DeKalb, approved August 16, 1922, and the several Acts amendatory thereof be and the same are hereby amended so as to change and increase the salary of the judge of said court and to fix the same hereafter to $11,000.00 dollars per annum, said salary to be paid monthly out of the treasury of DeKalb County as an expense of said court. Salary. Section 2. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for DeKalb County are published, namely, in the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Georgia, DeKalb County: Notice is hereby given that it is the intention of the undersigned to introduce at the 1956 session of the General Assembly of Georgia a bill to amend an Act approved August 16, 1922, creating the City Court of Decatur and the several Acts amendatory thereof, by providing

Page 3078

for an increase in the salary of the judge of such court, and for other purposes. James A. Mackay, W. H. McWhorter, Guy W. Rutland, Jr. 1-12-3t. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being Jan. 12, 19 and 26, 1956. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 31st day of January, 1956. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Approved March 6, 1956. HOGANSVILLE CORPORATE LIMITS. No. 335 (House Bill No. 568). An Act to amend an Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L.

Page 3079

1941, p. 1505), so as to change the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), is hereby amended by adding at the end of Section 3 the following: And all that area embraced in the following descriptions: Beginning at a point at the northeast corner of the present city limits of the City of Hogansville, Georgia, and running thence north 3240 feet to the northeast corner of the American Legion property; thence in a northwesterly direction 465 feet to Atlanta and West Point Railroad; thence in a southerly direction along the cast side of the Atlanta and West Point Railroad, a distance of 3813 feet, more or less, to the present city limits of the City of Hogansville, Georgia; thence in an easterly direction along the northern boundary of the present city limits 2200 feet to point of beginning, and beginning at a point on the southern boundary of the present city limits of the City of Hogansville, Georgia, where said city limits intersects with Oak Street Extension, and thence in a southerly direction along the east side of said Oak Street Extension a distance of 970 feet to the land lot line of Land Lot 8 of the 12th Land District; thence east 1125 feet to the west line of Land Lot 128 of the 11th Land District; thence south along the west line of Land Lot 128, 250 feet to the corner of Land Lots 128 and 129; thence east along the south line of Land Lot 128, 1105 feet; thence north 1220 feet to the present city limits; thence west along the city limits line 2230 feet to Oak Street Extension. so that Section 3, as so amended, shall read as follows: Section 3. Corporate limits, their extent: Be it further enacted, That the corporate limits of said city shall extend as follows: Beginning at a point in the center of Main Street

Page 3080

where same crosses the Atlanta and West Point Railroad main line, as the center of said city, measure three-fourths of a mile in each direction east, south and west and as far north as the south end of the Atlanta and West Point Railroad trestle or bridge where same crosses Yellow Jacket Creek. Then at the ends of said lines drawn toward the east, south and west from said center draw lines at right angles to same until the east and west lines intersect the lines drawn on the south, then at the end of said trestle or bridge draw a line parallel to the line drawn on the south and extend same until it intersects the east and west lines, thereby making said corporate limits in the form of a rectangle extending one and one-half miles from east to west and one and nine-twentieth miles, more or less, from north to south. Description. And all that area embraced in the following descriptions: Beginning at a point at the northeast corner of the present city limits of the City of Hogansville, Georgia, and running thence north 3240 feet to the northeast corner of the American Legion property; thence in a northwesterly direction 465 feet to Atlanta and West Point Railroad; thence in a southerly direction along the east side of the Atlanta and West Point Railroad, a distance of 3813 feet, more or less, to the present city limits of the City of Hogansville, Georgia; thence in an easterly direction along the northern boundary of the present city limits 2200 feet to point of beginning. Beginning at a point on the southern boundary of the present city limits of the City of Hogansville, Georgia, where said city limits intersects with Oak Street Exention, and thence in a southerly direction along the east side of said Oak Street Extension a distance of 970 feet to the land lot line of Land Lot 8 of the 12th Land District; thence east 1125 feet to the west line of Land Lot 128 of the 11th Land District; thence south along the west line of Land Lot 128, 250 feet to the corner of Land Lots 128 and 129; thence east along the south line of

Page 3081

Land Lot 128, 1105 feet; thence north 1220 feet to the present city limits; thence west along the city limits line 2230 feet to Oak Street Extension. Section 2. Not later than September 1, 1956, after the date of the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the Mayor of the City of Hogansville to issue the call for an election for the purpose of submitting this Act to the voters of the City of Hogansville for approval or rejection. The mayor shall set the date of the election for not less than thirty days after the date of the issuance of the call. The mayor 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 gazette of the City of Hogansville. The ballot shall have printed thereon the works: For approval of the Act changing the corporate limits of the City of Hogansville. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Hogansville. It shall be the duty of the mayor to hold and conduct such election. It shall be the duty of the mayor to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3082

Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and says that he is the general manager of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State. Deponent further saith that the following notice attached hereto: Legal No. 6732 Jan. 14, 20, 27, Feb. 3. Georgia, Troup County. Notice of Local Legislation. Notice is given as prescribed by law that there will be introduced in the General Assembly of the State of Georgia, a local bill to amend the city charter of the City of Hogansville, Georgia, so as to increase the city limits of said city. City of Hogansville, Georgia, C. S. Burden, City Clerk. has been published in said LaGrange Daily News, to wit: Jan. 14, 1956, Jan. 20, 1956, Jan. 27, 1956, Feb. 3, 1956, being 4 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, General Manager. Sworn and subscribed before me, this 6 day of Feb., 1956. /s/ E. W. Fleming, Notary Public, Troup County. (Seal) Approved March 6, 1956.

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COLLEGE PARKWARDS. No. 336 (House Bill No. 317). An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes approved December 16, 1895, and the several Acts amendatory thereof, be further amended as follows: Section 1. That effective January 1, 1957, the provisions of said Act, as amended, particularly by Section 3 of the amendatory Act, approved August 12, 1914 (Ga. L. 1914, p. 649) as amended is hereby amended by striking said Section 3 of said amendatory Act of 1914, as amended, in its entirety and in lieu thereof inserting the following: Section 3. Be it further enacted by the authority aforesaid that effective January 1, 1957, the said City of College Park shall be divided into six political divisions named wards and said divisions shall be termed the first, second, third, fourth, fifth, and sixth wards.

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The first ward of said city shall embrace all territory within the following described boundary line: Beginning on the center line of the Atlanta and West Point Railroad and the north city limit line; thence south along the railroad to a point 210 feet north of West John Calvin Avenue; thence west along a line parallel to West John Calvin Avenue to a point 100 feet west of North Atlanta Street; thence south and parallel to North Atlanta Street to the north line of West Princeton Avenue; thence west and along the north line of West Princeton Avenue to the west line of McDonald Street; thence along the west line of McDonald Street to the north line of Land Lot 192; thence west and along the north line of Land Lot 192 and Land Lot 193 to the city limit; thence northerly and easterly along said city limit line to the point of beginning. The second ward of said city shall embrace all territory within the following described boundary line: Beginning on the north line of West Princeton Avenue, which is on the boundary line of the first ward, at a point on the west line of South Napoleon Street, extended; thence south and along the west line of South Napoleon Street to the north line of Land Lot 6, which point is common with the west line of West Georgia Avenue; thence east and along the southwest line of Georgia Avenue to a point 400 feet west of the intersection of Georgia Avenue and South Conley Street; thence south 230 feet to a point; thence east and parallel to West Georgia Avenue to the center line of the Atlanta and West Point Railroad and thence continuing along the south line of East Georgia Avenue its entire length and continuing on a projection of said line to the Atlanta Municipal Airport which point is on the city limit line; thence northerly and easterly along the city limit line to a point one-half way between East Princeton Avenue and East Harvard Avenue extended; thence westerly and parallel to said East Princeton Avenue to the center line of the aforementioned Atlanta and West Point Railroad; thence north and along the center line of said railroad to the aforementioned southwest corner of the first ward, said point lying 210 feet north of West John Calvin Avenue; thence westerly and southerly along the first ward

Page 3085

boundary line, as described, to the point of beginning. The third ward of said city shall embrace all territory lying south of the second ward and east of the Atlanta and West Point Railroad and north of the following described south boundary line; Beginning on the west line of Harrison Road at the south line of East Gaines Avenue, which point is on the city limit line; thence west and along the south line of East Gaines Avenue to a point 200 feet west of Hutchins Drive; thence south to a point 170 feet south of said East Gaines Avenue; thence west and parallel to East Gaines Avenue to South East Main Street; thence continuing along a line parallel to West Gaines Avenue to the present city limit line. The fourth ward of said city shall embrace all territory within the city limit lying north of the second ward, as described, and east of the Atlanta and West Point Railroad. The fifth ward of said city shall embrace all territory within the city limit lying south of the first and second wards, as described, and west of the Atlanta and West Point Railroad. The sixth ward of said city shall embrace all territory lying within the city limit south of the third ward, as described. The Mayor and Council of the City of College Park, its governing body and authority, shall have the power by ordinance to make changes in ward lines from time to time whenever it is deemed advisable to contract or extend them; provided, however, that the ward lines whenever rearranged shall not increase the number of wards beyond a total of six (6) wards; provided that the mayor and council shall have authority at any time at regular schedule council meeting by ordinance to rearrange said ward lines. Wards. Section 2. Be it further enacted by the authority aforesaid that effective January 1, 1957, the six council members of said city shall consist of one councilman each from the first, second, third, fourth, fifth, and sixth wards of said city. Councilmen elected for a term of two years in the regular general election of said city held in December, 1955, from the first, second, and third wards shall continue in office until their terms have expired. One councilman each from the proposed fourth, fifth,

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and sixth wards of said city shall be elected for two year terms in the regular general election of said city to be held in December, 1956. Councilmen. Section 3. Notice of intention to apply for the enactment of this Act was published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, and there is hereto attached and made a part of this Act a copy of notices certified by the publishers of the newspapers in which the sheriff's advertisements for Fulton County, Georgia, and Clayton County, Georgia, respectively, are published to the effect that said notices have been published as provided by law. Section 4. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. State of Georgia, County of Fulton: Before me, the undersigned, a notary public, this day personally came A. M. Kempton, who, being first duly sworn, according to law, says that he is the treasurer of the Daily Report Company, publisher of the Fulton County Daily Report, the official newspaper in which sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 15th day of December, 1955, and once each week for 5 consecutive weeks as provided by law. /s/ A. M. Kempton. Subscribed and sworn to before me, this 20th day of January, 1956. /s/Maiodis Fowler, Notary Public, Fulton County, Georgia. Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park

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intends to apply for the passage of local legislation at the 1955 adjourned session of the General Assembly of Georgia convening in January, 1956, to annex additional territory to said city and to amend the charter of said city in other respects, the title to such bill or bills embracing said local legislation to read as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled `An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester, to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilmen, prescribe their powers and duties, and for other purposes,' and the several Acts amendatory thereof, and for other purposes. This December 12, 1955. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Ga. Dec. 15, 22, 29, Jan. 5 ufn State of Georgia, County of Clayton. Before me, the undersigned, a notary public, this day personally came Jack Troy, who being first duly sworn, according to law, says that he is the editor of the Forest Park Free Press and Clayton County News and Farmer, the official newspaper and organ of Clayton County, Georgia, and that the publication of which the annexed is a true copy, was published in said paper on the 22nd day of December, 1955, and once each week thereafter for 4 consecutive weeks as provided by law. /s/ Jack Troy.

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Subscribed and sworn to before me, this 20 day of January, 1956. /s/ Douglas L. Harper, Notary Public, Clayton County, Georgia. Notary Public, Georgia, State at Large. My commission expires Aug. 16, 1959. (Seal) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of College Park intends to apply for passage of local legislation at the 1955 adjourned session of the General Assembly of Georgia convening in January, 1956, to annex additional territory to said city and to amend the charter of said city in other respects, the title to such bill or bills embracing said local legislation to read as follows: An Act to amend an Act establishing a new charter for the City of College Park, approved December 16, 1895, entitled `An Act to repeal all laws and amendments to laws heretofore passed incorporating the City of Manchester; to provide for incorporating said city under the name of College Park, to prescribe its limits, extending them so as to take in a strip of land in Clayton County, to provide for a mayor and councilman, prescribe their powers and duties, and for other purposes, and the several Acts amendatory thereof, and for other purposes. This December 22, 1955. City of College Park, By Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 6, 1956.

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CLARKE COUNTYFIRE, SANITATION AND SEWERAGE DISTRICTS. No. 337 (House Bill No. 517). An Act to amend an Act approved February 21, 1951 (Ga. L. 1951, p. 2739), relating to Clarke County fire, sanitation and sewerage districts, so as to repeal in Section 3 the words five (5) mills and substitute therefor the words ten (10) mills, and so as to repeal Subparagraph 6 of Section 5, and enacting a new Subparagraph 6, so as to extend the Atlanta-Athens Highway District; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act approved February 21, 1951 (Ga. L. 1951, p. 2739) is hereby amended by striking in the first sentence of Section 3 the words five (5) mills and substituting therefor the words ten (10) mills so that after substitution the first sentence of Section 3 shall read as follows: Section 3. The Commissioners of Roads and Revenues of Clarke County are authorized to levy and collect only in such district where the improvements are contemplated or made, an annual tax, not to exceed (10) mills, on all real and personal property within any fire, sanitation and sewerage district hereinafter created, to be used only for the purposes defined in this Act and only within the district in which levied and collected, said levy to be made and collected each year in the district where the improvements lie until all improvements are paid for. Tax rate. Section 2. The Act approved February 21, 1951 (Ga. L. 1951, p. 2739) is further amended by striking in its entirety Subparagraph 6 of Section 5 of said Act and substituting in lieu thereof a new paragraph to be designated as Subparagraph 6 of Section 5 as follows:

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Section 5. (6). Atlanta-Highway District: Commencing at a point where the Atlanta-Athens Highway intersects the city limits of the City of Athens, embracing an area within a distance of one-half a mile on each side of the centerline of said highway and in a westerly direction to the Oconee County line both on the Monroe Highway and the Winder Highway and including the road known as the Cleveland Road which lies north of the Atlanta-Athens Highway and embracing an area within a distance of one-half a mile of said Cleveland Road. Atlanta-Athens Highway District. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that in response to recommendations of a study committee appointed by the Mayor and Council of the City of Athens to find a way to extend the city water into heavily populated areas of the county, that local legislation will be introduced to amend an Act to create fire, sanitation and sewerage districts in Clarke County as enacted by the General Assembly on February 21, 1951 (Ga. L., 1951, p. 2739) so as to change Section 5, Subparagraph (6) to extend the Atlanta-Athens Highway District to the Oconee County line and include the road known as Cleveland Road, lying north of the Atlanta-Athens Highway, and to extend the distance of the district to one-half a mile. Robert G. Stephens, Jr., R. Chappelle Matthews, Representatives, Clarke County. J 20-27, F 3p. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert G. Stephens, Jr., who, on oath, deposes and says that he is Representative from Clarke County, and that the attached

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copy of Notice of Intention to Introduce Local Legislation was published in the Banner-Herald, which is the official organ of said County, on the following dates: Jan. 20, Jan. 27, and Feb. 3, 1956. /s/ Robert G. Stephens, Jr., Representative, Clarke County. Sworn to and subscribed before me, this 6 day of Feb., 1956. /s/Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal Affixed) Approved March 6, 1956. THUNDERBOLTZONING. No. 338 (House Bill No. 540). An Act to amend the charter of the Town of Thunderbolt and repealing all laws in conflict herewith and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby enacted by the authority aforesaid that from and after the passage of this Act, the Town of Thunderbolt or such other governmental authority thereof as may hereafter be constituted, shall in addition to any and all other powers or duties now vested in them, have the power and authority to pass and enforce zoning and planning laws or ordinances and regulate the use for which such zones, districts and areas may be set apart, fixed, regulated or established, how same shall be used and enjoyed by the owners of the property therein and the manner in which said property in such zones,

Page 3092

districts or areas may be improved or developed, and to enact such laws, ordinances, rules or regulations with respect thereto as the general welfare, public health or public safety shall authorize, warrant or demand. Zoning. Section 2. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation and the affidavit of its authors that said notice has been published as required by law are attached hereto and made a part hereof, and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to the notice of intention to apply for local legislation have been complied with for the enactment of this law. Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized by law to administer oaths, Frank Cheatham, Jr., Edgar Eyler and John W. Sognier, who, on oath, depose and say that they are the authors of the foregoing legislation, and that the following notice was published in the Savannah Evening Press on the 17th, 24th and 31st days of December, 1955. /s/ Frank Cheatham, Jr. /s/ Edgar Eyler. /s/ John W. Sognier. Sworn to and subscribed before me, this 7th day of February, 1956. /s/ R. Lee Chambers, Notary Public, Richmond County, Georgia. State of Georgia, Chatham County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer

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oath, Helen Pope who on oath deposes and says that she is advertising clerk of the Morning News, Inc., a corporation of this State, with its principal office in the City of Savannah, and that the Morning News, Inc., publishes the Savannah Evening Press, a public gazette published daily in the City of Savannah, of general circulation, and official organ of Chatham County, Georgia, and that the following Thunderbolt Residents Notice of Local Legislation. Notice is hereby given that there will be introduced at the next session of the General Assembly of the State of Georgia, a bill authorizing the Mayor and Aldermen of the Town of Thunderbolt to pass zoning ordinances establishing residential, commercial and industrial areas within the Town Limits of Thunderbolt. This 16th day of December, 1955. William F. Braziel, Town Attorney. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of December 17-24-31, 1955. /s/ Helen Pope. Sworn to and subscribed before me, this 31st day of December, 1955. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. Approved March 6, 1956. FLOYD COUNTYUTILITY SYSTEMS. No. 340 (House Bill No. 367). An Act to amend an Act entitled An Act to authorize and empower Floyd County, Georgia, by and through

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its board of commissioners of roads and revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection; to district such territory for such purposes; to authorize and empower said county, by and through said board, to levy a tax upon the taxable property in such districts for such purposes; to provide that the revenue from such tax shall be deposited in a separate fund for each such district so taxed and shall be expended only for the construction and/or maintenance of such system or systems in the particular district so taxed; to repeal all laws or parts of laws in conflict with this Act; and for other purposes, approved February 10, 1953 (Ga. L. 1953, p. 2213 et seq.); and for other purposes. Be it enacted by the General Assembly of Georgia, and it is enacted by authority of the same: Section 1. That Act of the General Assembly of Georgia entitled An Act to authorize and empower Floyd County, Georgia, by and through its board of commissioners of roads and revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection; to district such territory for such purposes; to authorize and empower said county, by and through said board, to levy a tax upon the taxable property in such districts for such purposes; to provide that the revenue from such tax shall be deposited in a separate fund for each such district so taxed and shall be expended only for the construction and/or maintenance of such system or systems in the particular district so taxed; to repeal all laws or parts of laws in conflict with this Act; and for other purposes is hereby amended by striking and deleting therefrom all of Sections 2, 3, and 4 thereof, and inserting in lieu thereof the following: Section 2. The territory of Floyd County, Georgia,

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outside the limits of incorporated municipalities, is hereby declared and constituted a single district for the purpose of providing systems of waterworks, sewerage, sanitation, and fire protection. Utility systems. Section 3. Said county is hereby authorized to levy, by and through its board of commissioners of roads and revenue, a tax at any time or times, and from time to time, not exceeding five (5) mills in any calendar year, only upon the taxable property in such district for the purpose of constructing and maintaining such improvements. Tax. Section 4. Said county may provide said systems or either of them by contracting with the City of Rome to furnish all or a part of such system or systems and the equipment and/or personnel to operate the same, and such provision shall be construed as `constructing and maintaining such improvements' and payments may be made to the City of Rome under the terms of any such contract out of the funds produced by said tax levy. Said county is further authorized and empowered to purchase from the owner thereof any existing waterline located within said county outside the City of Rome municipal corporate limits. Contracts. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Section 3. There is attached hereto and hereby made a part of this bill a copy of the notice of the intention to apply therefor, accompanied by an affidavit of the author of this bill to the effect that said notice has been published as provided by law. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the General Assembly of the State of Georgia at its session which convenes in January, 1956, for the enactment of a local bill to amend an Act entitled:

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An Act to authorize and empower Floyd County, Georgia, by and through its board of commissioners of roads and revenue to provide, construct and/or maintain in the territory of said county outside the limits of incorporated municipalities, a system or systems of waterworks, sewerage, sanitation and/or fire protection; to district such territory for such purposes; to authorize and empower said county, by and through said board, to levy a tax upon the taxable property in such districts for such purposes; to provide that the revenue from such tax shall be deposited in a separate fund for each such district so taxed and shall be expended only for the construction and/or maintenance of such system or systems in the particular district so taxed; to repeal all laws or parts of laws in conflict with this Act; and for other purposes. Board of Commissioners of Roads and Revenue of Floyd County, Georgia. By C. G. Kirkland, Chairman. Dec. 16, 22, 29. Georgia, Floyd County. Personally appeared before the undersigned authority, J. Battle Hall, who, being duly sworn, says on oath that he is the author of the above and foregoing bill, and that the notice, copy of which is attached to and made a part of said bill, has been published in the newspaper in which sheriff's advertisements for Floyd County, Georgia, are published, once a week for three weeks during a period of sixty days immediately preceding the introduction of such bill into the General Assembly, as provided by law. /s/ J. Battle Hall. Sworn to and subscribed before me, this 30th day of January, 1956. /s/ Robert L. Scoggin, Notary Public, State of Georgia. (Seal) Approved March 6, 1956.

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FIRE DEPARTMENT PENSIONS IN CERTAIN CITIES. No. 341 (House Bill No. 536). An Act to amend an Act providing that cities having a population of more than 150,000 according to the United States census of 1920, or any subsequent census, shall provide pensions for members of the fire department of such cities, as amended (Ga. L. 1924, pp. 167-169), be further amended so as to provide credit for service in the Armed Forces of the United States in the Korean conflict; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the Act described in the caption hereof, as amended, be further amended as follows: Section 1. Any officer or employee who was inducted into service in the Armed Forces of the United States under the Department of Defense, or service in the Coast Guard of the United States and actually served in Korea either during the Korean conflict or subsequent thereto, or shall have served in the Navy in connection with such service, shall be given full credit for the time served in such service as though he were actually employed during that time by the city and shall not be required to make any contribution to the pension fund for such period of service provided such employee meets the conditions set forth in Section 1 of the amendment to this Act approved February 16, 1953 (Ga. Laws, Jan.-Feb. Sess., 1953, pp. 2269, et seq.), except he shall not be required to make contributions as provided in Subsection (f) thereof. Service in armed forces. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 6, 1956.

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FULTON COUNTYPENSION SYSTEM AMENDED. No. 342 (House Bill No. 491). An Act to amend an Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county... and for other purposes approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.) as heretofore amended, so as to allow employees to exercise all options heretofore granted; to provide that female employees not be required to participate in dependency benefits; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled An Act authorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county... and for other purposes approved March 3, 1939 (Ga. L. 1939, p. 571, et seq.) as heretofore amended, be further amended as follows: Section 1. All options heretofore granted to employees for participation in any benefit of this pension system are hereby reopened and may be exercised at any time during the period ending June 30, 1956. Wherever the employee exercising an option is required to pay into the pension fund, any money, such money shall be paid with interest at three (3%) percent from the date which same would have been paid had the employee exercised the option at the first available time; provided further the employee shall have thirty-six (36) months within which to pay said sums. Options. Section 2. Nothing in the provisions of this pension law as amended, shall require or be construed to require, any female employee to list her dependents for possible benefit, or to permit any deduction from her salary

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therefor. Any female employee who has heretofore elected to come under the provisions for dependency benefit, or who has been required to submit to deductions therefor, may discontinue her participation for dependents and be relieved of her deductions. All sums heretofore deducted for dependency benefits shall be deemed to have been earned by reason of the protection afforded by said benefits. Female employees. Section 3. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 15th day of December, 1955, and once each week thereafter for 5 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 25th day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to introduce local legislation at the coming (January 1956) session of the General Assembly of Georgia to amend the General Employees Pension Law (Ga. L. 1939, p. 571) and the several Acts amendatory thereof, so as to permit the integration of the pension system created by said Acts, with the Federal Social Security statutes, and to permit payment of different benefits, to make exceptions to the operation of said Act, and for other purposes. This 13th day of December, 1955. Harold Sheats, County Attorney, Fulton County. Dec 15 22 29 Jan 4 11 18 25. Approved March 6, 1956. WINDER CORPORATE LIMITS EXTENDED. No. 345 (House Bill No. 492). An Act to amend an Act entitled An Act to provide and establish a new charter for City of Winder, approved August 4, 1917 (Ga. L. 1917, p. 926 et seq.,) and the several Acts amendatory thereof, so as to enlarge the corporate limits of City of Winder; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. The present corporate limits of the City of Winder are hereby amended and enlarged so as to bring within the corporate limits of the City of Winder the following described area outside of and adjacent to the present corporate limits of the City of Winder, to wit:

Page 3101

Beginning at the point on the north-east side of present corporate limits of City of Winder where same meets and joining the north side of corporate limits of City of Russell, and running thence with said north side of corporate limits of City of Russell and in an easterly direction to the point on said corporate limits of City of Russell determined where a circle concentric with present corporate limits of City of Winder and of one and one-half (1) miles radius intersects said corporate limits of City of Russell; thence along a line determined by a circle of one and one-half (1) miles radius and concentric with the present corporate limits of City of Winder and in direction counter-clockwise that is to say said circle to be generated northwards thence westwards thence southwards and running until same intersects the line of the right-of-way on the south side of paved Highway No. 81 same being the Winder-Logansville paved highway; thence northwards along said right-of-way of said Winder-Logansville paved Highway No. 81 to the present corporate limits of City of Winder; thence with the circular course and line of present corporate limits of the City of Winder in a clock-wise direction that is to say a direction westwards thence northwards thence eastwards along and with present corporate limits of City of Winder to the point of beginning at intersection of the said corporate limits of City of Russell with the present corporate limits of City of Winder. Description. Section 2. The City of Winder, through its mayor and council, shall provide and have a survey made of the above described area so described in Section 1 herein above of this Act, and have permanent markers placed at each corner point where said area newly by this Act added into the corporate limits of City of Winder adjoins the corporate limits of City of Russell, and at each said corner point where said area newly by this Act added into the corporate limits of City of Winder adjoins said south side of the right-of-way of said Highway No. 81 same being the Winder-Logansville paved Highway, and permanent markers shall likewise be placed at each point where the perimeter of said area newly by this Act added

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into the corporate limits of City of Winder crosses any public road and highway. Section 3. Not less than twenty (20) days nor more than thirty (30) days after the date of the approval of this Act by the Governor, it shall be the duty of the Ordinary of Barrow County to issue a call for an election for the purpose of submitting this Act to the legally qualified voters who reside within the proposed territory to be annexed to the City of Winder, for the approval or rejection of this Act, by said voters at said election. The date of the election shall be set for a day not less than twenty (20) days nor more than thirty (30) days after the date of the issuance of the call by said Ordinary of Barrow County. The date and purpose of said election shall be published in the official newspaper of Barrow County, Georgia. The ballots shall have printed thereon the words: For approval of the 1956 Act annexing named territories in Barrow County into the City of Winder. and, Against approval of the 1956 Act annexing new areas in Barrow County into the City of Winder. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such an election, which shall be the qualified voters residing in the territory to be annexed, vote for approval of the Act, then it shall become of full force and effect 60 days after such election. If a majority of those persons voting in such election, as aforesaid, vote against approval of the Act, then it shall be void and of no force and effect. The qualified voters in the areas proposed to be annexed shall vote in that precinct in which they vote in general elections. Expense for such election shall be borne by the City of Winder. It shall be the duty of the Ordinary of Barrow County to hold and conduct such election. It shall be the duty of the Registrars of Barrow County, to furnish a list of the qualified voters residing in the affected area at least 10 days before said election. It shall be the duty of the Ordinary of Barrow County to canvass the returns

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and declare and certify the results of the election to the Board of Commissioners of the City of Winder, Boards of Commissioners of Roads and Revenues of Barrow County, and to the Secretary of State of the State of Georgia. Provided that for a period of thirty (30) days before said election there shall be placed on all roads a sign designating the site or location of the proposed city limits. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given by City of Winder of intention to apply for local legislation at the next regular session of the General Assembly of Georgia, convening in January 1956, to amend An Act to provide and create a new charter for the City of Winder, in Barrow County, said Act having been approved August 17, 1917, (Ga. L. 1917, pp. 926 to 972 incl.), and Acts amendatory thereof, by defining the territorial limits of said City of Winder and by adding additional territory to the limits of said city, and to provide for surveys thereof; and to provide the same be approved by the people of the jurisdiction affected in a referendum on the question; and to provide that any pertinent amendment to this proposed legislation may be offered and notice thereof is hereby given; and for other purposes. City of Winder, By Mayor and Council, By J. Guy Ouzts, Mayor. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Russell, Jr., who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is

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the official organ of said county, on the following dates: Dec. 28, 1955, Jan. 4, 1956, Jan. 11, 1956. /s/ Robert L. Russell, Jr., Representative, Barrow County. Sworn to and subscribed before me, this 6 day of February, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 6, 1956. ROME CORPORATE LIMITS EXTENDED. No. 346 (House Bill No. 499). An Act to amend the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome, as amended by enlarging the present city boundaries and corporate limits by the annexation of certain described property adjacent to the present city limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same: Section 1. That the Act approved August 19, 1918 (Ga. L. 1918, pp. 813-885) creating a new charter and municipal government for the City of Rome and defining the corporate limits thereof, as amended, be and the same is hereby amended by extending and increasing the city limits and corporate limits and boundaries of the City of Rome so as to include and annex the following described property, which is now adjacent to the present

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city limits and boundaries of the City of Rome, and in the County of Floyd, State of Georgia, to wit: Tract I. That property owned entirely by the City of Rome and adjoining the present city limits of Rome on three sides and being that property purchased by the City of Rome from Tubize Chatillon Corp. on the 22nd day of September, 1938, as per deed recorded in Deed Book 173, page 336 in the Office of the Clerk of Superior Court of Floyd County, Georgia. Tract II. Being all of the Darlington School property and other property described as follows: Beginning at a point where the present southerly city limit line crosses the westerly line of the Southern Railway right-of-way; thence southwesterly along the westerly line of the right-of-way of said railroad to a point 200 feet northeasterly from the northerly line of Furnace Road; thence north 70 degrees west, to and across the Cave Spring Road, to the westerly line of said Cave Spring Road; thence southwesterly along the westerly line of said road to the southeasterly corner of the Darlington School property; thence north 56 degrees west, a distance of 220 feet to a point; thence south 42 degrees west, a distance of 230 feet to the northeasterly line of Park Road; thence westerly along the northeast line of said road, a distance of 575 feet to a point; thence northerly along the Darlington School property a distance of 528 feet to a point; thence north 84 degrees west, a distance of 266 feet to a point; thence north along the westerly line of the Darlington School property, and across the property known as the Ledbetter property, to the present southern city limit line that crosses Black Bluff Road and runs east to the continuation of Blanche Avenue. Tract III. Beginning at the present city limit line located on the southern line of the Alabama Road at the point that Coosawattee Avenue intersects said Alabama Road; thence northerly across said Alabama Road to the northwest corner of the intersection of Redmond Circle and the Alabama Road; thence northeasterly and

Page 3106

northerly along the westerly line of Redmond Circle to the point where the northerly line of Land Lot No. 129, of the Fourth District and Fourth Section of Floyd County, Georgia, intersects the westerly line of said Redmond Circile; thence west along said land lot line to the western line of said land lot; thence southerly along the western line of said land lot, to and across the Alabama Road, to its southerly line; thence easterly along the southerly line of the Alabama Road to the point of beginning. Said property is known as the new West Rome School property. Tract IV. Beginning at a point on the easterly line of the present city limits of Rome, Georgia, at a point that the northerly line of Land Lot No. 276 of the Twentythird District and Third Section of Floyd County, Georgia, intersects said city limit line on the easterly bank of the Etowah River; thence easterly along the northerly line of said Land Lot No. 276 and the northerly line of Land Lot No. 275, to the present city limit line located 250 feet, more or less, west of the western line of Cooper Drive; thence southerly along the present city limit line to the northern line of Cheney Street and the present city limit line; thence westerly along the present city limit line to the city limit line on the easterly bank of the Etowah River, thence northerly along the city limit line on the easterly bank of the Etowah River to the point of beginning. Tract V. Beginning at the present city limit line at the southeast corner of the Cherokee Acres Subdivision; thence running north 89 degrees 30 minutes east to the property owned by Mrs. H. A. Busby; thence north 0 degrees 30 minutes west, 250 feet to the northwest corner of Mrs. Busby's property; thence north 68 degrees 30 minutes east, a distance of 395.8 feet along the northerly line of Mrs. Busby's property to a point; thence north 88 degrees 30 minutes east, a distance of 467 feet along the northerly line of Mrs. Busby's property; thence southeasterly a distance of 156 feet to the northwesterly line of the Burnett Ferry Road; thence north 52 degrees

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33 minutes east to the Ramey property; thence north 1 degree 45 minutes east, 1027 feet, more or less, to the present city limit line; thence westerly, northwesterly and southerly along the present city limit line of the City of Rome to the point of beginning. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon the first day of April, 1956. Section 3. Each of the areas and territories thus added and annexed to the city limits and boundaries of the City of Rome shall become a part of the particular ward as indicated; Tract I First Ward Tract II Eighth Ward Tract III Ninth Ward Tract IV Seventh Ward Tract V Ninth Ward and upon the effective date of this Act the qualified residents thereof may register and vote in the same manner and under the same conditions as other citizens of the City of Rome, in any and all city elections thereafter held, so long as such residents remain qualified under the law and ordinances of said city. Wards. Section 4. All laws or parts of laws in conflict with this Act are hereby repealed. Section 5. The affidavit and notice hereto attached is made a part of this bill, and reference is made thereto. Notice of Local Legislation. To the People of Rome and Floyd County, Georgia: In the General Assembly of Georgia for the year 1956, a bill will be introduced to extend the city limits of the City of Rome, Georgia, and include within the said limits of said city the following property:

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Tract I. That property owned entirely by the City of Rome and adjoining the present city limits of Rome on three sides and being that property purchased by the City of Rome from Tubize Chatillon Corp., on the 22nd day of September, 1938, as per deed recorded in Deed Book 173, page 336 in the Office of the Clerk of Superior Court of Floyd County, Georgia. Tract II. Being all of the Darlington School property and other property described as follows: Beginning at a point where the present southerly city limit line crosses the westerly line of the Southern Railway right-of-way; thence southwesterly along the westerly line of the right-of-way of said railroad to a point 200 feet northeasterly from the northerly line of Furnace Road; thence north 70 degrees west, to and across the Cave Spring Road, to the westerly line of said Cave Spring Road; thence southwesterly along the westerly line of said road to the southeasterly corner of the Darlington School property; thence north 56 degrees west, a distance of 220 feet to a point; thence south 42 degrees west, a distance of 230 feet to the northeasterly line of Park Road; thence westerly along the northeast line of said road, a distance of 575 feet to a point; thence northerly along the Darlington School property a distance of 528 feet to a point; thence north 84 degrees west, a distance of 266 feet to a point; thence north along the westerly line of the Darlington School property, and across the property known as the Ledbetter property, to the present southern city limit line that crosses Black Bluff Road and runs east to the continuation of Blanche Avenue. Tract III. Beginning at the present city limit line located on the southern line of the Alabama Road at the point that Coosawattee Avenue intersects said Alabama Road; thence northerly across said Alabama Road to the northwest corner of the intersection of Redmond Circle and the Alabama Road; thence northeasterly and northerly along the westerly line of Redmond Circle to the point where the northerly line of Land Lot No. 129, of the Fourth District and Fourth Section of Floyd County,

Page 3109

Georgia, intersects the westerly line of said Redmond Circle; thence west along said land lot line to the western line of said land lot; thence southerly along the western line of said land lot, to and across the Alabama Road, to its southerly line; thence easterly along the southerly line of the Alabama Road to the point of beginning. Said property is known as the new West Rome School property. Tract IV. Beginning at a point on the easterly line of the present city limits of Rome, Georgia, at a point that the northerly line of Land Lot No. 276 of the Twentythird District and Third Section of Floyd County, Georgia, intersects said city limit line on the easterly bank of the Etowah River; thence easterly along the northerly line of said Land Lot No. 276 and the northerly line of Land Lot No. 275, to the present city limit line located 250 feet, more or less, west of the western line of Cooper Drive; thence southerly along the present city limit line to the northern line of Cheney Street and the present city limit line; thence westerly along the present city limit line to the city limit line on the easterly bank of the Etowah River; thence northerly along the city limit line on the easterly bank of the Etowah River to the point of beginning. Tract V. Beginning at the present city limit line at the southeast corner of the Cherokee Acres Subdivision; thence running north 89 degrees 30 minutes east to the property owned by Mrs. H. A. Busby; thence north 0 degrees 30 minutes west, 250 feet to the northwest corner of Mrs. Busby's property; thence north 68 degrees 30 minutes east, a distance of 395.8 feet along the northerly line of Mrs. Busby's property to a point; thence north 88 degrees 30 minutes east, a distance of 467 feet along the northerly line of Mrs. Busby's property; thence southeasterly a distance of 156 feet to the northwesterly line of the Burnett Ferry Road; thence north 52 degrees 33 minutes east to the Ramey property; thence north 1 degree 45 minutes east, 1027 feet, more or less, to the present city limit line; thence westerly, northwesterly and

Page 3110

southerly along the present city limit line of the City of Rome to the point of beginning. The public is invited to examine a map in the Office of the City Engineer at the City Hall in Rome, Georgia for a more perfect description of the five tracts of land above described. This 6 day of January, 1956. /s/ Robert L. Scoggin. /s/ J. Battle Hall. /s/ Barry Wright, Jr. Georgia, Floyd County. Personally appeared before the undersigned officer authorized to administer oaths, came J. Battle Hall, who, on oath, says that he is a member of the General Assembly from Floyd County, Georgia, and is the author of the local bill to which this affidavit is attached; and that a notice of the intention to apply for the legislation outlined in said bill has been published in the Rome News Tribune, a newspaper in which the sheriff's advertisements for the locality affected by said bill are published, once a week for three weeks during the period of sixty days immediately preceding its introduction into the General Assembly; and that the copy of said notice as published in said paper is hereto attached and made a part of this bill; and that said notice was published as provided by law. This 3 day of February, 1956. /s/ J. Battle Hall. Sworn to and subscribed before me, this 3rd day of February, 1956. /s/ Vera Carver, Notary Public, Floyd County, Georgia. Approved March 6, 1956.

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DEKALB COUNTY MERIT SYSTEM. No. 347 (House Bill No. 578). An Act to authorize the establishment of a merit system in DeKalb County for employees of DeKalb County; to provide for the creation of a merit system council; to prescribe the duties of said council; to provide that said council shall hold public hearings, after which said council shall propose to the governing authority of DeKalb County, rules and regulations to be adopted by the governing authority for the DeKalb County merit system, providing for the selection, promotion and demotion of personnel, job classifications and prescribe qualifications of personnel; to provide that when said rules and regulations proposed by the merit system council are approved and adopted by the board of commissioner of roads and revenues (whether said body shall be one or several) they shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the council; to enumerate such officers or employees of the county as shall be exempted from said merit system; to provide for the manner of conducting hearings by the merit system council; to provide the number, manner of selection and compensation of members of said council; to provide for appeals to the council by employees under the merit system who have been dismissed from employment; to provide for the selection of a merit system director; to repeal the Act to create a civil service system in DeKalb County, approved February 21, 1951 (Ga. L. 1951, p. 3226.); to provide that this Act shall become effective upon its passage and approval by the Governor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of same: Section 1. (a) From and after the passage and approval

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of this Act there is hereby authorized to be created and established by the Board of Commissioners of Roads and Revenues of DeKalb County (whether such body shall consist of one or several) as the governing authority of said county, a merit system of personnel administration, to be known as the DeKalb County Merit System. The said commissioners of roads and revenues (whether such body shall consist of one or several) shall be authorized to create such merit system by appropriate resolution, which resolution shall specify the department, personnel, and officers of the county government covered by said system and the effective date of said system. Merit system. (b) All employees of DeKalb County may be placed under said merit system except: all elected officials; all deputies of the sheriff and tax commissioner; the marshal, clerk, and deputy clerks and deputy marshals of the Civil Court of DeKalb County; the assistant solicitors-general, and the assistant solicitors of the City Court of Decatur; county attorney, assistant county attorneys; all deputies of the clerk of superior court; the court reporters for the superior court, City Court of Decatur, and Civil Court of DeKalb County; the clerk and deputy clerk of the ordinary; the warden of DeKalb County; superintendent of public works; and the comptroller or director of finance. Section 2. (a) There is hereby authorized to be established by said governing authority of said county a merit system council composed of three citizens who are free-holders of DeKalb County of known interest in the improvement of public administration by impartial selection of qualified and efficient personnel. (b) Members of the merit system council shall be selected for a term of four years each, and shall serve until their successors are named and qualified. Said members of the merit system council shall be appointed by the governing authority of said county, which shall designate one member of the council as its chairman. No member of the merit system council shall have held

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political office or have been a salaried employee of DeKalb County during the twelve months preceding his appointment. No member of the merit system council may be removed from office prior to the expiration of his term except for cause after having been given a notice and afforded a hearing before commissioners of roads and revenues of said county (whether said body shall be one or several). Prior to said hearing said member shall be served by registered or certified mail addressed to his residence as shown in the files of said council, at least ten days before the date set for said hearing with written specifications of the charges against him. (c) Members of the merit system council shall be paid the sum of $10.00 per diem for time actually devoted to the business of the council, not exceeding twenty-five (25) days in any calendar year, and shall be reimbursed for actual necessary travel expense. Section 3. It shall be the duty, function, and responsibility of the merit system council to represent interests of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the merit system council shall be held in the DeKalb Building or in a courtroom of the Superior Court of DeKalb County. Said council shall hold regular meetings at least once each month, and may hold such additional meetings as may be required for the proper discharge of its duties. Section 4. The duties and functions of the merit system council shall be as follows: (a) To hold public hearings regarding proposed rules and regulations and standards of the merit system, and thereafter recommend to the board of commissioners of roads and revenues (whether said body be one or several) the adoption of rules and regulations and standards effectuating the merit system established under this Act. Such rules and regulations shall include provisions for the establishment and maintenance of job classification

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and compensation plans, the conduct of examinations for appointment under the merit system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the merit system or the merit system council. The rules and regulations may provide for the establishment of a register of persons eligible for appointment under the merit system, provided that no elected county officer shall be required to choose personnel solely from said register, but the personnel employed by such county officer shall be processed in accordance with such rules and regulations as may be adopted. Said rules and regulations when proposed by the merit system council as aforesaid and approved and adopted by the board of commissioner of roads and revenues (whether said body shall be one or several) shall have the force of law and be binding upon all departments and offices of the county enumerated in the resolution creating the merit system council. Same. (b) To conduct hearings and render decisions on charges preferred against persons employed in the several departments and offices included in said merit system and to hear appeals from any employee who claims to have been improperly dismissed. (c) The merit system council shall keep and maintain an accurate record of minutes and shall be authorized to hire a clerk to keep and maintain its minutes, the compensation of such clerk to be set by the governing authority of said county. (d) Said council shall be authorized to make recommendations as to amendments, additions to, and changes in said rules and regulations from time to time and when said amendments, changes, or additions are adopted by the board of commissioners of roads and revenues, said

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amendments shall have the force of law and be binding on all parties affected by said merit system. Section 5. No employee of any department or office of the county which has been brought under the merit system pursuant to this Act may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the merit system council, as approved by the governing authority as aforesaid. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the merit system council. Such appeal shall be heard at the next regular or special meeting of the merit system council after it is filed, and must be heard and determined by the council within 45 days of the date said appeal is filed with the council; provided, however, that such dismissed employee must file his appeal with the council in writing within ten days from the date of his dismissal and provided that this provision shall not apply to persons dismissed from any department due to curtailment in funds, reduction in staff, or abolition of the job held by such employee. The decision of the council shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause. Dismissal of employees. Section 6. The Board of Commissioners of Roads and Revenues of DeKalb County (whether said body be one or several) shall select and appoint a qualified person as merit system director, and shall fix his compensation. Merit system director. Section 7. All costs for salaries, expenses, supplies for the establishment and operation of the merit system council shall be borne by the county and paid out of county funds as a cost of administration. Expenses of system. Section 8. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed.

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Section 9. Be it further enacted by the authority aforesaid that the Act to create a civil service system in DeKalb County, approved February 21, 1951 (Ga. L. 1951, p. 3226) be, and the same is hereby, expressly repealed. Should any section or provision of this Act be held unconstitutional or invalid such section or provision shall not affect the validity of this Act as a whole or of any part thereof other than that part so held to be unconstitutional. Section 10. This Act shall become effective upon its passage and approval by the Governor. Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that the undersigned will apply at the next session of the General Assembly of Georgia, which convenes on the second Monday of January, 1956, for the passage of local legislation to provide for the establishment of a merit system in DeKalb County; to provide for the creation of a merit system council; to prescribe the duties of said council; to provide that said council shall hold public hearings, after which they shall propose to the governing authority of DeKalb County rules and regulations to be adopted by the governing authority for the DeKalb County merit system providing for the selection, promotion, and demotion of personnel, job classifications, and qualifications of personnel; to provide for the appointment of the merit system director; to repeal the existing civil service bill of DeKalb County, and for other purposes. W. Hugh McWhorter, James A. Mackay, Guy Rutland, Jr. Georgia, DeKalb County. Personally appeared before the undersigned officer

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duly authorized by law to administer oaths, W. Hugh McWhorter, who first being duly sworn, deposes on oath and says that he is managing editor of the DeKalb New Era, the official organ of DeKalb County, being the newspaper in which sheriffs' advertisements are published, said newspaper being published by New Era Publishing Company, Inc., and that the above and foregoing Notice of Intention to Apply for Passage of Local Legislation was advertised and published in the DeKalb New Era once a week for three consecutive weeks in the issues of Dec. 29, 1955, Jan. 5-12, 1956. /s/ W. Hugh McWhorter. Sworn to and subscribed before me, this 9 day of February, 1956. /s/ Janette Hirsch, Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 6, 1956. FRANKLIN SPRINGSCORPORATE LIMITS. No. 348 (House Bill No. 497). An Act to amend an Act incorporating the City of Franklin Springs, approved July 22, 1924 (Ga. L. 1924, p. 561), as amended by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2939), 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 incorporating the City of Franklin Springs, approved July 22, 1924 (Ga. L. 1924, p. 561), as amended by an Act approved March 2, 1953 (Ga. L.

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1953, Jan.-Feb. Sess., p. 2939), is hereby amended by striking from Section 4 the words and figure six-tenths (.6) and in lieu thereof inserting the words and figure eitht-tenths (.8), and by striking the words Strickland Store and in lieu thereof inserting the words, Mrs. Maud Parham Strickland's Store Building, so that Section 4 as so amended shall read: Section 4. The corporate limits of Franklin Springs shall extend eight-tenths (.8) of a mile from the northeast corner of the store known as Mrs. Maud Parham Strickland's Store Building, which is located approximately three hundred (300) yards west southwest of the intersection of the street known as `Kings Drive' and United States Highway 29, and approximately one hundred (100) yards north northeast of the intersection of the street known as `Chandler Street' and United States Highway 29, in every direction; so that said incorporated boundary shall be circular, with the northeast corner of said building as the center and extending eight-tenths (.8) of a mile in every direction from said corner. Description. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1956 General Assembly a bill to extend the city limits of Franklin Springs, Georgia. This 7th day of January, 1956. Ralph K. Fain, Representative, Franklin County. x1-26 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ralph K. Fain, who, on oath, deposes and says that is Representative

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from Franklin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Carnesville Herald, which is the official organ of said County, on the following dates: Jan. 12, 19 and 26, 1956. /s/ Ralph Kelley Fain, Representative, Franklin County. Sworn to and subscribed before me, this 1st day of February 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal) Approved March 6, 1956. ACWORTH CHARTER AMENDED. No. 350 (House Bill No. 528). An Act to amend an Act creating a new charter for the Town of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, so as to change the term of office of the mayor and the board of aldermen; 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 Town of Acworth, approved August 17, 1903 (Ga. L. 1903, p. 413), as amended, is hereby amended by striking Section 2 of said Act in its entirety, and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The municipal government of the Town of Acworth shall be vested in a mayor and a board of aldermen, consisting of five members. The term of office of

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the mayor and aldermen shall be two years and until his or their successors have been chosen and qualified. Any male person shall be eligible for the office of mayor or alderman, who is a bona fide resident of said city at the time of his election, and is a qualified voter of said city; provided, that any candidate for an office of the city shall register with the city clerk by October 15 next prior to the general election, as a candidate for said office, and pay an entrance fee of $5.00, if a candidate for mayor, and a fee of $2.50, if a candidate for alderman. Mayor and aldermen Section 2. Said Act is further amended by striking Section 3 in its entirety, and inserting in lieu thereof a new Section 3, to read as follows: Section 3. The said mayor and aldermen shall be elected on the last Saturday of October, beginning in the year 1956, for a term of two years, and each subsequent two years thereafter. All elections for mayor and aldermen, and elections on any question submitted to the voters of said city, shall be held at the courthouse, and at such places as may be established by law or the ordinances of said city. All elections shall be held by three persons qualified to hold elections for members of the General Assembly of this State, and said elections shall be held under and governed by the same rules and regulations as are elections for members of the General Assembly of this State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Brooks P. Smith, publisher of The Marietta Daily Journal, who deposes and says that the following and attached notice of intention to apply for passage of a local bill to amend the charter of the City of Acworth so as to provide for two terms of office for the mayor and aldermen of said city in lieu of the present one-year

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terms of office; and for other purposes, was published in The Marietta Daily Journal in its editions of January 19th, 26th and February 2nd, 1956: M-1150 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1956 session of the General Assembly of Georgia, a bill to amend the charter of the City of Acworth so as to provide for two-year terms of office for the mayor and aldermen of said city in lieu of the present one-year terms of office; and for other purposes. This 16th day of January, 1956. Harold S. Willingham, Raymond M. Reed, Fred D. Bentley, Representatives, Cobb County. 1:19-26; 2:3 Deponent further says that The Marietta Daily Journal is a newspaper of general circulation in Cobb County. Georgia, is published daily except Saturday, and is the newspaper in which the sheriff's notices for the county are published for the calendar year 1956. This 3rd day of February, 1956. /s/ Brooks P. Smith, Publisher, The Marietta Daily Journal. Sworn to and subscribed before me, this 3rd day of February, 1956. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My commission expires September 14, 1956. (Seal Affixed) Approved March 6, 1956.

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AUBURN CHARTER AMENDED. No. 351 (House Bill No. 444). An Act to amend an Act creating a new charter for the Town of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), so as to provide that the police chief and police officers shall only be required to be citizens of Georgia and at least twenty-one years of age; 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 Town of Auburn, approved February 17, 1949 (Ga. L. 1949, p. 807), is hereby amended by striking Section 11 of said Act in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. At the first Thursday in October, mayor and councilmen shall proceed to elect for said town by ballot from among the qualified voters thereof, a mayor pro tem., a clerk and treasurer, three (3) tax assessors and one (1) bond commissioner. Also a chief of police and such other police officers as may be necessary for the protection of said town and the property and rights thereof. These officers shall not be required to be qualified voters but they shall be citizens of Georgia and at least twenty-one years of age. The mayor and councilmen may also elect an engineer and a board of health, superintendent of water and lights and such other officers as may be in their judgment necessary to the interest of the town, an inspector of wiring and a building inspector. The persons so elected shall hold their respective offices for one (1) year until their successors are elected and qualified, unless for sufficient cause removed from office, but not until they have been given an opportunity to appear before said body for trial; provided further that the mayor may suspend any official pending the trial before said body. The salaries of the officers provided for in this section shall be such as may

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be prescribed by ordinances of said mayor and councilmen. The mayor and councilmen shall fill any office which may become vacant to fill the unexpired term thereof. Officers and employees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To whom it may concern: Pursuant to the request of mayor and council of the Town of Auburn, notice is hereby given that a local bill will be introduced during the 1956 session of the General Assembly of the State of Georgia, to amend the laws relating to and dealing with the Town of Auburn; to provide for the qualification of constables and policemen, their manner of election, their qualification, compensation and duties. Any pertinent amendment may be introduced and notice thereof is hereby given. This the 19th day of December, 1955. Robert L. Russell, Representative, Barrow County, Georgia. 12-28-3tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert L. Russell, who, on oath, deposes and says that he is Representative from Barrow County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News, which is the official organ of said county, on the following dates: December 28, 1955, January 4 and 11, 1956. /s/ Robert L. Russell, Representative, Barrow County.

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Sworn to and subscribed before me this 1st day of Feb., 1956. /s/ Janette Hirsch Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed). Approved March 6, 1956. CHEROKEE COUNTY SALARIES. No. 354 (Senate Bill No. 165). An Act to repeal an Act entitled An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; to provide for deputies and other assistants; to provide for allowances; to provide for the procedure connected with the foregoing; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2668); 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 place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; to provide for deputies and other assistants; to provide for allowances; to provide for the procedure connected with the foregoing; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2668), is hereby repealed in its entirety. Act of 1953 repealed.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 6, 1956. MACON CORPORATE LIMITS. No. 355 (House Bill No. 564). An Act to amend an Act approved August 3, 1927, entitled: An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending the same passed since 1914 with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers, and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof, and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive. of the published Acts of the General Assembly of Georgia of 1927 and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing, or re-enacting any section or subsection of said Act or Acts; to repeal Section 2 of said Act of 1927, as amended, relating to the corporate limits of the City of Macon; to re-enact in lieu thereof a new section to be known as Section 2, defining the corporate limits of the City of Macon; and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same as follows: Section 1. An Act approved August 3, 1927, entitled:

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An Act to re-enact the charter of the City of Macon contained in the Act approved August 17, 1914, together with the Acts amending same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts, be, and the same are, hereby further amended by repealing Section 2 of said Act of 1927, as amended, relating to the corporate limits of the City of Macon and re-enacting in lieu thereof a new section to be known as Section 2, defining the corporate limits of the City of Macon, and which shall read as follows: Section 2. Corporate limits. The corporate limits of the City of Macon shall include all the territory embraced and lying within the following boundary lines, to wit: Beginning at the center line of the Ocmulgee River at a point where an extended line along the east side of Seventh Street crosses the Ocmulgee River; thence run along said continuing line in a northeast direction to a point where said line intersects the south line of the Central of Georgia Railway right-of-way; thence angle right and follow the south line of said right-of-way to a point where said line crosses the line between the original county lots 75 and 76, Macon Reserve East; thence angle left and run in a northerly direction along the line between county lots 75 and 76 to a point where said line meets the south side of Main Street; thence angle left and run eighteen (18) feet in a westerly direction to the east line of Short Street; thence angle right and run in a northerly direction along the east side of Short Street to the center line of Emery Highway; thence angle

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right and run in an easterly direction along the center line of Emery Highway to the east side of Reese Street; thence angle left and run in a northerly direction along the east side of Reese Street to the north side of Mitchell Street; thence angle left and run in a westerly direction along the north side of Mitchell Street to the east side of Clinton Road; thence angle right and run in a northeasterly direction along the east side of Clinton Road to the south side of Davis Street; thence angle left and run in a westerly direction along the south side of Davis Street to the corner of lots 37, 38, 31 and 32, Macon Reserve East; thence angle right and run in a northerly direction along the line dividing lots 31 and 32, Macon Reserve East, to the north side of Wall's Road; thence angle left and run in a westerly direction along the north side of said Wall's Road to a point where the east property line of Lot 1 of the subdivision of the T. A. Baker property intersects said north side of Wall's Alley; thence angle right and run in a northerly direction along said east line of Lot 1 of the subdivision of the T. A. Baker property for a distance of 250 feet; thence angle left and run in a westerly direction parallel with and 250 feet north of the north side of Wall's Alley, Briarcliff Circle, which is an extension and continuation of Wall's Alley, and Briarcliff Road, which is an extension and continuation of Briarcliff Circle, to a point where said line intersects the east line of Twin Pines Drive; thence angle right and run along the east side of Twin Pines Drive and an extension thereof to the north side of Woodland Drive; thence angle left and run along the north side of Woodland Drive to a point two hundred and fifty (250) feet north of where an extension of Waverland Drive would intersect Waverland Drive; thence angle left and run parallel with and two hundred and fifty (250) feet north and west of the north and west side of Waverland Drive to the south side of Waverland Circle; thence angle right and run in a westerly direction along the south side of Waverland Circle to its intersection with the west line of Lot 1, Division M, Shirley Hills Addition; thence angle left and run in a southeasterly direction along the west line of said Lot 1, Division

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M, Shirley Hills Addition to a point where said line intersects the north line of Lot 5, Division M, Shirley Hills Addition; thence angle left and run in a northeasterly direction along the dividing line between said lots 1 and 5 and a continuation thereof to a point 250 feet west of the west side of Waverland Drive; thence angle right and run in a westerly direction parallel with and 250 feet west of the west side of Waverland Drive to a point where said line intersects the north side of Masonic Home Road; thence angle right and run in a southwesterly direction along the north and west side of said road and an extension of the long tangent thereof to the center of the Ocmulgee River; thence angle left and run in a southeasterly direction along the center of the Ocmulgee River to a point where the center line of Vineville Branch enters said river; thence angle right and run in a westerly direction along the center line of Vineville Branch to a point where said line intersects the west line of the Southern Railroad main line right-of-way; thence angle right and run in a northwesterly direction along the west line of the Southern Railroad main line right-of-way to a point where a continuation of the south line of Lot 2, Block D, Riverview Subdivision in an easterly direction would intersect said right-of-way; thence angle left and run west along said continuation of said south line of said Lot 2 and the south line of said Lot 2, to the east side of Southshore Drive; thence angle right and run in a northerly direction along the east side of Southshore Drive to the center line of wet weather branch which is the north property line of Riverview subdivision; thence angle left and run in a westerly direction along the center line of said wet weather branch to the west side of Southshore Drive; thence angle right and run in a northerly and easterly direction along the west side of Southshore Drive and the north side of Southshore Place to the west property line of the Southern Natural Gas Company; thence angle left and run in a northerly direction along the west property line of Southern Natural Gas Company for a distance of 329.9 feet to a concrete monument; thence angle right and run in an easterly direction and along the north property line of Southern

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Natural Gas Company to a concrete monument on the west side of the Southern Railroad main line right-of-way; thence angle left and run in a northerly direction and along the west side of Southern Railroad main line right-of-way to its intersection with the lot line dividing land lots 361 and 362, Macon Reserve West; thence angle left and run in a westerly direction along said dividing line between land lots 361 and 362 to the corner of land lots 361, 362, 357, and 358; thence angle left and run in a southerly direction along the line dividing land lots 362 and 357 to the northeast side of Riverside Drive; thence run in a southwesterly direction and at right angles to Riverside Drive, to the south side of Riverside Drive; thence angle right and run in a northwesterly direction along the south side of Riverside Drive to a point where it intersects the southeast line of Wimbish Road; thence run in a southwesterly direction along the southerly line of Wimbish Road a distance of 507 feet to an iron pipe at the northwest corner of lot 16 as shown on a plat recorded in Plat Book 20, folio 88, clerk's office, Bibb Superior Court; thence run in a southerly direction along the westerly line of said Lot 16 to the southwest corner thereof; thence run in a westerly and southwesterly direction along the southerly lines of the lots in the subdivisions shown on plats recorded in Plat Book 20, Folio 88 and Plat Book 19, Folio 74, said clerk's office, to the extreme south corner of lot 38 according to said plat in Plat Book 20, Folio 88; thence angle right and run in a westerly direction along the north side of Windsor Road to the southeast side of Wimbish Road; thence run in a southwesterly direction along the right-of-way of Wimbish Road approximately 1,222 feet to the line dividing Wimbish Hills Subdivision from the Catron property; thence run in an easterly direction along said property line approximately 1,325 feet to the back northeast corner of Catron's property; thence angle right, south 3 - 33 minutes east 810.3 feet to an angle iron; thence south 88 - 55 minutes east 1,037.9 feet to concrete monument; thence south 1 - 22 minutes west 967.9 feet to an angle iron; thence south 89 - 51 minutes east 1,024.4 feet to an angle iron; thence south 87 - 12

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minutes east 453.7 feet to a railroad iron and the southwest corner of H. J. Burrus property; thence north 0 - 43 minutes east 766.7 feet to a stone; thence south 89 - 15 minutes east 1,520.6 feet to a stone on lot line dividing land lot 356 from land lot 363; thence south along said land lot line approximately 275 feet to the north side of Burrus Road; thence run along the north side of Burrus Road in a northeasterly direction to a point where the extension of the property line dividing H. J. Burrus property from H. S. property would intersect said north side of Burrus Road; thence along the property line and the extension of said line dividing H. J. Burrus' property from H. S. property in a southeasterly direction to the center line of a wet weather branch which is the north line of the Vineville Homes, Inc. property; thence angle right along said center line of wet weather branch which is the north line of the property of Vineville Homes, Inc., and run in a southwesterly direction to a point where the western line of North Woods Subdivision intersects said center line of said wet weather branch; thence angle left and run along the western boundary of North Woods Subdivision the following directions and distancessouth twenty-three (23) degrees east for a distance of two hundred and thirty-seven and five-tenths (237.5) feet, more or less; thence angle right and run south ten degrees and forty-five minutes east for a distance of three hundred seventy-two and eight-tenths (372.8) feet, more or less; thence angle left and run south eighteen degrees and eighteen minutes east for a distance of three hundred seventy-eight (378) feet, more or less; thence angle right and run south seventeen degrees and seven minutes west for a distance of two hundred twenty-four and five-tenths (224.5) feet, more or less; thence angle left and run south five degrees and twenty-nine minutes east for a distance of two hundred and thirteen and two-tenths (213.2) feet, more or less; thence angle right and run south fifty-five degrees and two minutes west for a distance of two hundred fifty-three and three-tenths (253.3) feet, more or less; thence angle left and run south one degree and three minutes west for a distance of one thousand one hundred eighty-three

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and three-tenths (1183.3) feet to the center line of the branch, said point being the southwest corner of the North Woods Subdivision; thence angle right and run in a westerly direction along the center line of said branch to the east lot line of land lot 355; thence angle left and run in a southerly direction along the east line of land lot 355 and a continuation of same to a point two hundred fifty (250) feet north of the north side of High Point Drive; thence angle right and run in a westerly direction parallel with and two hundred and fifty (250) feet north of the north side of High Point Drive to the west side of Adamson Avenue; thence angle left and run in a southerly direction along the west side of Adamson Avenue to the north side of Brooklyn Avenue; thence angle right and run along the north side of Brooklyn Avenue to the east side of Brooks Avenue; thence angle right and run along the east side of Brooks Avenue to a point one hundred and fifty (150) feet north of the north side of Overlook Avenue; thence angle left and run in a northwesterly direction parallel with and one hundred and fifty (150) feet north of the north side of Overlook Avenue and Overlook Drive to the north side of Eldorado Drive; thence angle right and run in an easterly and northerly direction along the north and west side of Eldorado Drive to the east side of Pine Vista; thence angle right and run in a northeasterly direction along the east side of Pine Vista to the north side of Bonita Place; thence angle left and run in a westerly direction along the north side of Bonita Place and a continuation thereof to a point one hundred and fifty (150) feet west of the west side of Forest Hill Avenue; thence angle left and run in a southwesterly direction to a point one hundred and fifty (150) feet south of the south side of Vineville Avenue (Forsyth Road) and one hundred and fifty (150) feet west of the west side of West Ridge Circle; thence angle left and run in a southeasterly direction parallel with and one hundred and fifty (150) feet south of the south side of Vineville Avenue (Forsyth Road) to a point one hundred (100) feet west of the west side of Parkwood Avenue; thence angle right and run in a southwesterly direction parallel

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with and one hundred (100) feet west of the west side of Parkwood Avenue to the center line of the Central of Georgia Railway right-of-way; thence angle left and run in a southeasterly direction along the center line of said railway right-of-way to a point where the center line of the Central of Georgia Railway right-of-way intersects a continuation of the west side of the ten (10) foot utility way, said utility way bounding Stanislaus Subdivision on the northwest side; thence angle right and run in a southwesterly direction along the continuation of the west side of said utility way to a point where the east side of Roy Place continued in a northerly direction intersects said line; thence angle left and run in a southerly direction along a continuation of the east side of Roy Place and the east side of Roy Place to the center line of Roy Street; thence angle right and run in a westerly direction along the center line of Roy Street to the center line of Bartlett Street; thence angle left and run in a southerly direction along the center line of Bartlett Street to the center line of Napier Avenue; thence angle left and run in an easterly direction along the center line of Napier Avenue to a point where a continuation of the east side of the ten (10) foot alley immediately to the west and in the rear of the lots on the west side of Brentwood Avenue continued in a northerly direction would intersect the center line of Napier Avenue; thence angle right along a continuation and the east side of said alley in a southerly direction to the center line of Montpelier Avenue; thence angle left and run in a northeasterly direction along the center line of Montpelier Avenue to the center line of Pio Nono Avenue; thence angle right and run in a southerly direction along the center line of Pio Nono Avenue to the center line of Dempsey Avenue; thence angle left and run in an easterly direction along the center line of Dempsey Avenue to the center line of Rock Street; thence angle right and run in a southerly direction along the center line of Rock Street to the south side of Sherwood Drive; thence angle left and run in an easterly direction along the south side of Sherwood Drive to the center line of Canton Street; thence angle left and run in a

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northerly direction along the center line of Canton Street to the center line of Dempsey Avenue; thence angle right and run in an easterly direction along the center line of Dempsey Avenue to the center line of Plant Street; thence angle right and run in a southeasterly direction along the center line of Plant Street to the center line of College Street; thence angle right and run in a southerly direction along the center line of College Street to the center line of Sherwood Drive; thence angle left and run in an easterly direction along the center line of Sherwood Drive to the east side of College Drive; thence angle right and run in a southerly direction along the east side of College Drive to the south side of Fletcher Street; thence angle right and run in a westerly direction along the south side of Fletcher Street to the east side of College Street; thence angle left and run in a southerly direction along the east side of College Street to the north side of Anthony Road; thence angle left and run in an easterly direction along the north side of Anthony Road to the center line of Felton Avenue; thence angle right and run in a southerly direction along the center line of Felton Avenue to the center line of Central Avenue; thence angle left in an easterly direction along the center line of Central Avenue to the east side of Felton Avenue; thence angle right and run in a southerly direction along the east side of Felton Avenue to the south side of Hightower Road; thence angle left and run in a southeasterly direction along the south side of Hightower Road; to the west side of Houston Avenue; thence angle right and run in a southerly direction along the west side of Houston Avenue to the south side of Rutherford Avenue; thence angle left and run in an easterly direction along the south side of Rutherford Avenue to the east side of Antioch Road; thence angle left and run in a northerly direction along the east side of Antioch Road to a point where the south line of Nelson Street continued in an easterly direction would intersect the east side of Antioch Road; thence angle right and run in an easterly direction along a continuation of the south side of Nelson Street to the center line of Waterville Road; thence angle left and run in a northerly direction

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along the center line of Waterville Road to the north line of alley and lot line between land lots 45 and 63, Macon Reserve West; thence angle right eighty-six degrees and fifty-one minutes and run in an easterly direction for a distance of seven hundred forty-six feet; thence angle left ninety-four degrees and twenty-eight minutes and run in a northerly direction for a distance of four hundred and twenty-seven (427) feet to the southwest corner of Buckeye Cotton Oil Company property; thence angle right eighty-nine degrees and thirty-eight minutes and run in an easterly direction along the line of Buckeye Cotton Oil Company property for a distance of four hundred and five-tenths (400.5) feet, more or less, to the southeast corner of Buckeye Cotton Oil Company property; thence angle left eight-nine degrees and twenty-five minutes and run in a northerly direction along the east line of Buckeye Cotton Oil Company property for a distance of five hundred and sixty (560) feet, more or less, thence angle right one hundred and twenty-seven degrees and no minutes and run in a southeasterly direction along the southwest line of the Texas Company property for a distance of four hundred and sixty-eight (468) feet, more or less, to the south corner of the Texas Company property, thence angle left eighty-nine degrees and fifty-four minutes and run in a northeasterly direction along the southeast line of the Texas Company property for a distance of one hundred and eighty-two (182) feet, more or less, thence angle right eighty-nine degrees and fifty-three minutes and run in a southeasterly direction along the southwest line of the Massee-Felton Lumber Company property for a distance of nine hundred and six (906) feet, more or less; thence angle left ninety degrees and no minutes and run in a northeasterly direction to the south line of Turpin Street; thence angle right and run in a southeasterly direction along the south line of Turpin Street; thence angle right and run in a southeasterly direction along the south side of Turpin Street to the southeast boundary of the Old City Reserve; thence angle left and run in a northeasterly direction along the boundary line of the Old City Reserve and a continuation of same to the center line of Ocmulgee River;

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thence angle left and run in a northwesterly direction along the center line of Ocmulgee River to a continuation of the southeast side of Seventh Street and point of beginning. Description. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, Andrew W. McKenna, Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for 3 consecutive weeks, to wit: on the 23rd and 30th of December, 1955 and on January 6, 1956, during a period of 60 days immediately preceding the introduction of said bill into the General Assembly of Georgia; and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Andrew W. McKenna. Sworn to and subscribed before me this 7th day of February, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My commission expires: Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed) Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of local legislation at the 1956 session of the General Assembly which convenes on Monday, January 9, 1956 to amend the charter of the City of Macon in the following respects: (1) By repealing Section 2 of said charter as amended relating to the corporte limits of the City of Macon and

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re-enacting in lieu thereof a new section to be known as Section 2 defining the corporate limits of the City of Macon; (2) To amend Section 17 of the said charter as amended relating to the challenge of voters by striking therefrom the hyphenated word twenty-one where it appears in said section and inserting in lieu thereof the word eighteen; (3) To amend Section 22 of said charter as amended relating to the mayor pro tem. so as to provide that he shall serve during the absence from the city or temporary disability of the mayor; (4) To repeal Section 33 of said charter as amended relating to the filling of vacancies among members of council, and to re-enact a new section to be known as Section 33 providing for the filling of a vacancy in the office of the mayor, and for the filling of vacancies among the members of council; (5) To repeal Section 41 of said charter as amended relating to the duties of city attorney, city recorder and other officers, and to re-enact in lieu thereof a new section to be known as Section 41 to provide for a city personnel and public relations director and his duties, a city radio engineer and his qualifications and duties, and the manner of prescribing the duties of the city attorney, city recorder and other officers; (6) To repeal Section 56 of said charter as amended relating to the supervision and control of the police department and the fire department and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter; (7) To repeal Subsection (z) of Section 70 of said charter as amended relating to the refund of accumulated credits of members of the fire or police departments in the firemen and police pension fund, and to re-enact

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in lieu thereof a new Subsection (z) of Section 70 relating to the same subject matter; (8) To repeal Section 111 of said charter as amended relating to the condemnation of land by the city and to re-enact in lieu thereof a new section bearing the same number and relating to the same subject matter. The City of Macon will also apply for the passage of local legislation at said session to vest title in the City of Macon, its successors and assigns, to a certain portion of Pine Street in Square 74 located in said city and to authorize said city to close, vacate and abandon the portion of Pine Street involved. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 22nd day of December, 1955. C. Cloud Morgan, City Attorney. Approved March 6, 1956. CIVIL COURT OF DEKALB COUNTY AMENDMENTS. No. 356 (House Bill No. 460). An Act to amend an Act approved February 14, 1951 (Ga. L. 1951, p. 2401) creating the Civil Court of DeKalb County, by providing for an additional judge for such court and by fixing his duties, powers, qualifications, manner of appointment and elections; by providing that such court shall have criminal jurisdiction over all misdemeanor cases; by providing for the appointment, qualification and election of a solicitor and an assistant solicitor; by fixing the salaries

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of the judges, solicitor and assistant solicitor; by providing for the transfer of criminal cases pending in the City Court of Decatur to such court; by providing for transfer of criminal cases from the Superior Court of DeKalb County; by fixing the methods of trials and procedure and appeals in criminal cases in such court; by providing the judges, solicitors and employees of such court shall be ex offico officers of the city court and eligible for benefits under the employees' retirement system of Georgia; by providing that the solicitor of such court may serve on lunacy commissions; by providing that this Act shall be subject to a referendum; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The Act approved February 14, 1951 (Ga. L. 1951, p. 2401), creating the Civil Court of DeKalb County is hereby amended by striking Section 6 of said Act in its entirety, and substituting in lieu thereof a new section, reading as follows: Be it further enacted by the authority aforesaid that there shall be two judges of the Civil Court of DeKalb County who shall be elected for a term of four years and shall be elected each four years thereafter. The judge in office at the time of approval of this Act shall continue to serve as one of the judges until the expiration of his term, and until his successor shall have been elected and qualified. The second judge of said court shall be appointed by the Governor of the State of Georgia for a term beginning on the effective date of this Act and ending on the 31st day of December 1958. In the event the effective date of this Act is the 31st day of December, 1958, then and in that event the Governor shall appoint the second judge for a term beginning on the 1st day of January, 1959, and ending on the 31st day of December, 1960. The successor to such second judge shall be elected at the general election to be held

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in November, 1958, and each four years thereafter, unless the effective date of this Act is the 31st day of December, 1958, and in that event the successor to such second judge shall be elected at the general election to be held in November 1960 and each four years thereafter. Judges. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said Act shall be and the same is hereby amended by adding the following sections: Section 1-A: That in addition to the jurisdiction heretofore conferred on said court, the Civil Court of DeKalb County shall have jurisdiction over DeKalb County of the following matters, namely: Jurisdiction. All crimes and offenses which by the Constitution of the State of Georgia are not exclusively cognizable in the superior courts thereof. Section 2-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all criminal cases pending in the City Court of Decatur upon the effective date of this Act shall be immediately transferred to the Civil Court of DeKalb County, and cases shall be tried and all subsequent proceedings filed in said court. Section 3-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same that any indictment or presentment made by the grand jury of DeKalb County in cases of which the Civil Court of DeKalb County has jurisdiction under this Act, may from time to time be transferred by the judges of the Superior Court of DeKalb County to the Civil Court of DeKalb County and shall thereafter stand for trial in said court. Section 4-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the

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same that all prosecutions in criminal cases instituted in the Civil Court of DeKalb County shall be by written accusation made by the solicitor or an assistant solicitor, based upon affidavit setting forth plainly the offense charged in terms of the law, upon which shall be entered the name of the prosecutor, if any, but the solicitor or assistant solicitor, in his discretion, may make such accusation and proceed to trial thereon without an affidavit as the basis therefor. Accusations. Section 5-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be a solicitor for the Civil Court of DeKalb County whose duty it shall be to represent the State in all prosecutions pending therein and all matters in which it is the duty of the solicitor general of the superior courts of said State to represent the State. The solicitor of the City Court of Decatur at the time of the effective date of this Act, shall serve as solicitor of this court until the 31st day of December, 1958. His successor shall be elected in the general election to be held in November, 1958, for a term of four years, beginning on January 1, 1959, and each four years thereafter. The salary of the solicitor of the Civil Court of DeKalb County shall be $8,000.00 per annum, payable monthly out of the county treasury as an expense of the court. Said salary shall be in lieu of any and all fees of said solicitor as provided by law. The solicitor of the Civil Court of DeKalb County shall have been a resident and elector of DeKalb County, Georgia, for at least one year immediately preceding his election or appointment, and shall have been engaged in the practice of law at least three years next preceding his election or appointment hereunder and shall be at least twenty-five years of age. Solicitor. Section 6-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that there shall be an assistant solicitor of the Civil Court of DeKalb County. Such office shall be filled by the present assistant solicitor of the City Court of Decatur at the time of the effective date of this Act, who

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shall serve until his successor shall have been chosen in the manner herein provided. The assistant solicitor of such court shall be nominated by the solicitor of said court, subject to the approval of the judges thereof. He may be removed by the concurrent action of the judges and solicitor. The salary of the assistant solicitor shall be $6300.00 per annum, payable monthly out of the county treasury as an expense of the court. The qualifications for the office of assistant solicitor shall be the same as those of the solicitor of such court. Assistant solicitor. Section 7-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that proceedings in criminal cases in said court after accusation shall conform to rules governing like proceedings in the superior court, except that the jury in said court shall consist of five jurors to be stricken alternately by the defendant and State from a panel of twelve. The defendant shall be entitled to four strikes and the State shall be entitled to three strikes. The remaining jurors shall compose the jury. Juries. Section 8-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that said court is empowered to issue bench warrants for the arrest of offenders, to accept pleas of guilty and pass sentence in term time or vacation. The court is further authorized to pass upon all questions of law and of fact in cases where trial by jury is waived by the defendant and to try such non-jury cases in term time or vacation. Trials. Section 9-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that it shall be the duty of the Sheriff of DeKalb County to require and approve appearance bonds returnable to the Civil Court of DeKalb County in all criminal cases over which said court has jurisdiction. It shall further be the duty of said sheriff to transport persons confined to jail to and from such court when required by the judges or the solicitor thereof. The sheriff is also

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required to furnish to said court a sufficient number of bailiffs to attend such court when in session, the number of bailiffs to be approved by the judges of said Civil Court of DeKalb County. Appearance bonds. Bailiffs. Section 10-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that rules as to motions for new trials, appeals, writs of error and certiorari from criminal cases in such court shall be the same as in civil cases involving the sum of $300.00 or more in such court. New trials, appeals. Section 11-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of same, that except as otherwise provided herein, the statutes and rules in force in the superior courts of this State in so far as applicable to this court are hereby conferred on such court including the power to forfeit bonds, recognizances or other obligations returnable to said court. Rules. Section 12-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that fees and costs charged in criminal cases in the Civil Court of DeKalb County shall be the same as those charged in the superior courts of this State in misdemeanor cases. All costs, fines and forfeitures in such court shall be paid to the clerk of such court and shall be paid into the county treasury by said clerk as is now provided by law. Fees, cost. Section 13-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that each of the judges of the Civil Court of DeKalb County shall have all the powers, jurisdiction, duties, qualifications and dignity of the present judge of said court, and shall receive as compensation the sum of ten thousand ($10,000.00) dollars each per annum from the effective date of this Act to be paid monthly out of the county treasury. Compensation of judges. Section 14-A: Be it further enacted by the authority

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aforesaid, and it is hereby enacted by authority of the same, that in all matters relating to the matters of fixing, arranging for and disposing of the business of such court and making appointments as authorized by law, where the judges thereof cannot agree or shall differ, the opinion or order of the judge senior in term of service as judge of the Civil Court of DeKalb County shall control; provided, however, that in the event both of said judges were elected at the same time and neither of said judges be senior in term of service, the judge receiving the greater number of votes in the election shall be deemed the senior judge. Senior judge. Section 15-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the governing authority of DeKalb County is hereby fully authorized and empowered to provide suitable courtrooms, jury rooms and chambers for each of the judges of said court and upon the recommendation of both judges, the same shall be provided. Courtrooms, etc. Section 16-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all judges, solicitors and employees of the Civil Court of DeKalb County are hereby declared to be ex officio judges, solicitors and employees of a city ocurt of said State and county and as such, shall be eligible to make such contributions and to receive such benefits as are described in the Act establishing the employee's retirement system for the State of Georgia as amended. Retirement. Section 17-A: Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the solicitor of the Civil Court of DeKalb County in his capacity as ex officio solicitor of the city court shall have all the rights and powers to serve on lunacy commissions as provided in Section 49-604 of the Code of Georgia as amended. Lunacy commissions. Section 3. Should any court of this State declare any section or clause of this Act unconstitutional or invalid

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for any cause or reason, then such decision shall affect only that section or clause so declared to be unconstitutional or invalid and shall not affect any other section, clause or part of this Act. Section 4. This Act is passed subject to the abolition of the City Court of Decatur in a referendum to be held for such purpose in DeKalb County, Georgia, on the 16th day of May, 1956. Should the voters of DeKalb County vote to abolish said City Court of Decatur in said referendum, then the provisions of this Act shall become effective on the effective date of the said Act abolishing the City Court of Decatur, to wit, on the expiration of the term of the incumbent judge of the City Court of Decatur on December 31, 1958, or upon the occurrence of a vacancy in the office of judge of the City Court of Decatur, whichever event shall first occur. Should the voters of DeKalb County fail or refuse to abolish said City Court of Decatur in said referendum, this Act shall be void and of no force and effect. Section 5. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely The DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the author to the effect that said notice has been published, as provided by law. Section 6. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County

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of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of Publication being Dec. 15, 22, 29 - 1955. The DeKalb New Era /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 3rd day of February, 1956. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the regular session of the General Assembly of Georgia, of 1956, such legislation being an Act to amend an Act Approved February 14, 1951 (Ga. L. 1951, p. 2401) providing for a Civil Court of DeKalb County. By adding an additional judge to said court; by increasing the civil and criminal jurisdiction of said court; by creating the office of solicitor and assistant solicitor of said court; to repeal conflicting laws; and for other purposes. This 15th day of December, 1955. James A. Mackay, W. Hugh McWhorter, Guy W. Rutland. 12-15-3t. Approved March 6, 1956.

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MACON PENSION SYSTEM AMENDED. No. 357 (House Bill No. 610). An Act to amend an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon, contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and duties of said corporation; to amend the said Act of 1914, and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283 through 1357, both inclusive of the published Acts of the General Assembly of Georgia of 1927, and any and all Acts amendatory of said described Act whenever passed and wherever set forth, including any and all Acts amending, changing or re-enacting any section or subsection of said Act or Acts; to repeal certain provisions of said Act of 1927 as amended relating to pensions; to enact other and different provisions relating to pension and retirement systems; and particularly to amend the act approved February 9, 1949, (Ga. L. 1949, pp. 330-339) as the same was amended by an Act approved February 13, 1951, (Ga. L. 1951, pp. 2384-2394, inclusive) relating to the Macon pension and retirement system; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same that an Act approved August 3, 1927, entitled An Act to re-enact the charter of the City of Macon, contained in the Act approved August 17, 1914, together with the Acts amending the same, passed since 1914, with certain changes in said Acts; to consolidate into one Act with such changes as may have become necessary or proper, all the Acts constituting the charter of the City of Macon and relating to the rights, powers and

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duties of the said corporation; to amend the said Act of 1914 and the Acts amendatory thereof; and for other purposes; said described Act appearing on pages 1283-1357, both inclusive, of the published Acts of the General Assembly of Georgia of 1927, as the same may have since been amended, and particularly as amended by the Act approved February 9, 1949, and appearing in the published Acts of the General Assembly of Georgia of 1949, on pages 330-339, both inclusive and as amended by the Act of 1951 as the same appears in the published Acts of the General Assembly of Georgia of 1951, pages 2384-2395, both inclusive, by adding to the Section 43 as provided by said Act the following additions and changes. Section 2. There is hereby established a Division A of the Macon pensions and retirement system as a separate coverage group and to be specifically known as the Employees Social Security Coverage Group. Effective on a date estabilshed by the pension committee as established in said Act, the membership of this system shall automatically be the membership of Division A unless prior to such date a member has expressed in writing to the committee his desire to become a member of Division B, and for such members there is hereby established a distinct and separate Division to be known as Division B. Membership of Division B shall be ineligible for membership in Division A. Section 3. All future employees of the City of Macon who are eligible under the following provisions shall become members of Division A. Section 4. As to Division A the following provisions shall supersede all other provisions of said Act of 1951 except with respect to the administrative provisions of said Act where they are not in conflict with the following provisions of this Act which provisions with respect to Division A are as follows: 1. Definitions as used in this Act: The following

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words, terms, and phrases shall have the meaning hereby described unless a definite meaning is clearly required by the immediate context in which such word, term, or phrase is used: (a) City and City of Macon shall mean the political division, City of Macon, Georgia; (b) Committee or the committee shall mean the pension committee as established by the Act of 1951 or its successor or successors serving as the administering body of the plan; (c) Employer shall mean the City of Macon; (d) Masculine shall include the feminine; (e) Employees and/or Officials shall include all persons actively employed in the service of the city upon the effective date of this Act and thereafter and whose salary, wage or compensation is paid by the city whether payable directly to the recipient or to another for transmission or distribution and whether appointed by the city or by an elected or appointed officials thereof. (f) Service and years of service shall mean the period in the employ of the city and while a member of this plan plus accumulated past service credits acquired and retained as provided herein. A service year shall not be the calendar year but a service period of 12 months, except, that in computing fractional service years, six or more service months shall be considered a service year. No period during which benefits are received under this plan shall be considered service or years of service. (g) Accumulated Past Service Credit shall mean years of employment by the City of Macon and acquired and retained as provided herein; (h) Final average monthly earnings shall mean total compensation received by the claimant from the

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City of Macon during the last five years of service with the city divided by 60 provided, however, that in the event of prolonged illness or other justifying cause, to be judged by the committee, the board may compute the final average monthly earnings of an affected claimant by using the 3 years most productive of compensation from the city and to the claimant and dividing such total by 36. II. Membership eligibility. All employees and officials of the city upon the effective date of this Act and thereafter are eligible for inclusion in this Division A provided, however, the following persons are excluded from the operation of this division. 1. Officers and employees of the Macon Hospital, Macon Hospital Commission, board of water commissioners, fire and police departments, board of health, board of public welfare, and any and all other boards of like kind and character acting as quasi-entities part from the City of Macon but exercising some municipal function; 2. All casual or temporary employees and contractors and their employees whose work with the City of Macon is casual or temporary or by the job; 3. Officers and employees whose city employment is part-time, and the majority of whose income is not derived from city employment; 4. The mayor, aldermen, the city attorney or attorneys or any assistants to city attorneys, and the judge of the recorder's court; 5. Persons employed by the City of Macon at the effective date of this amendment who signify within a period of sixty days their intention not to come under this divison. This intention must be expressed in writing and presented in person to the pension committee. Persons electing to exclude themselves from this division shall be forever barred from participation herein.

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6. Any employee or official whose age, upon employment hereafter, re-employment, qualification or re-qualification as an employee or official is fifty years or more, provided the persons now eligible for membership for the pension plan shall not be excluded by reason of this age limitation. 7. Members and officials who upon effective date of this Act are receiving payment of benefits from and under the pension plans as established by the Acts of 1949 and 1951 as amended. III. Contributions. (a) Employee contributions. Each member of this division shall make contributions in lieu of contributions now provided by the plan as established by Acts of 1949 as amended 1951, to the pension fund of such plan as follows: 1. 2% of the total salary or compensation of the employees who are members of this division; 2. The amount of the required contribution to be paid by employees and official members of this division shall be deducted and withheld by the proper authority of the city from the salary, wage or compensation otherwise to be paid to such member and shall be remitted by such authority, monthly to the custodian of the pension fund. All persons becoming members of this division are conclusively held to have consented to such deductions. (b) Employer contributions. The city shall remit monthly to the custodian of said fund 2% of the total salaries or compensation paid members of this division for normal cost of said plan and 3.1% of total payroll of said city for refunded prior service cost which 3.1% shall be paid monthly to the custodian of such fund until such time as it is actuarially determined that the unfunded prior service liability is liquidated. IV. Benefits. (a) Any member of this division who

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on the January 1st coinciding or next following the attainment of age 65 years, shall be entitled to retirement and shall receive monthly retirement benefits in an amount equal to of 1% of the first $100.00 of the average final compensation plus 1 and % of all average final compensation in excess thereof, times the number of years of service. (b) The surviving spouse, or if no surviving spouse, the legatees or surviving heirs of a member dying prior to retirement shall receive a death benefit equal to the full amount the member has paid into the pension fund, including any sums paid by him into the pension plan provided by the Act of 1949 as amended by Act of 1951 and each member shall be required to file a designation in writing of a beneficiary with the pension committee and in the absence of such designation this benefit will be payable to his estate; (c) In the event a pensioned employee dies before receiving pension benefits in the amount equal to the death benefit provided in the section immediately above, the difference shall be paid in accordance with said section; (d) In the event a member terminates his service or his service is terminated for any reason other than death or cause for which he receives benefit payment elsewhere under this pension plan he shall be entitled to a severance benefit equal to his total contributions to the pension fund as provided in the paragraphs immediately above; (e) An employee who has reached the age 60 while still in service shall be entitled to benefits hereunder as shall be actuarially equivalent to his retirement benefit at age 65 as established and reduced by a table to be adopted by the pension committee. The said actuarial equivalent shall be based upon service credits accumulated as of the date of retirement. V. Accumulated past service credits. Prior to the date

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of this Act employees and officials of the city eligible for participation in this division who have become members of this division shall be entitled to accumulated past service credit under this plan and Division as follows: (a) Members of the plan provided by the Act of 1949 as amended by the Act of 1951 shall be entitled to all the years of accumulated past service credit; (b) Non-members of the said pension plan as provided by said Acts, as amended, shall be entitled to accumulated past service credit upon election, within sixty days after the effective date of this Act, so to do, and by paying or agreeing to pay, as immediately evidenced by a promissory note payable to the city or the committee or the custodian, within a period of three years from the effective date of this Act, into the pension fund of this plan or division, a sum of money equal to that which would have been paid under the plan of 1949 as amended by the Acts of 1951 as aforesaid in order to secure accumulated past service credit thereof. VI. Qualification for benefits. (a) No pension under this plan or division shall be paid to any person so long as such person is paid other pension or retirement benefits under this plan, or under any other pension or retirement plan which is supported in whole or in part by taxation of any kind or character levied by any State, any political subdivision thereof, the United States or any agency thereof, excepting only such benefits as may be payable under the Federal Social Security Act and such disability compensation, death benefits, or retirement pay arising out of incident of service to the armed forces of the United States. The word taxation as used herein, shall not include fees, fines or forfeitures. (b) Pension or retirement payments shall not be made to any member while an active employee or official of the city. VII. Payment benefits. All benefit payments save

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those for severance or death herein provided shall be paid monthly. No benefit payment or portion of the pension fund contributed by member employees or officials shall be subject to assessment, garnishment, attachment or other proceedings of any kind or character by any person, firm or corporation whomsoever save by and at the insistance of the City of Macon or the pension committee, and then only for money lawfully owing to it by any particular member and then only to the extent of such member's benefit payments and contributions to the pension fund. Section 5. The Act of 1949 as amended by 1951 and particularly Section G thereof is hereby amended by striking the same and inserting in lieu thereof the following: The pension committee with the advice and consent of the mayor and city treasurer shall from time to time invest benefit funds in any investment which is legal for insurance companies under the laws of this State and said committee may appoint, subject to revocation at any time, and subject to such guards for safe keeping as the committee may prescribe, one or more national banks having places of business in Bibb County and maintaining active trust departments, as custodian of said funds, in whole or in part, and for the purposes of disbursements pursuant to this Act and the order of the committee and/or for purposes of investment of such fund the purpose or purposes for which the custodian or custodian is appointed to be stated in writing. Investments. (a) In addition to the investment privileges the committee may without other authority invest said funds in a common trust fund or a national bank having a place of business in Bibb County who maintains an active trust department. (b) Fees or other charges made by the custodian and/or investment custodian, with the approval of the committee, shall be payable from the pension fund. Section 5-A. The right of a service retirement allowance

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under the provisions of Division A of this plan shall vest in a member who withdraws from service prior to attaining age 60, provided said member shall have completed at least 20 years of creditable service, and has not withdrawn his contributions, provided further nothing in this Act shall be construed as providing for any benefits prior to attaining age 60 other than a return of contributions in case of death. Service retirement allowances. Section 6. Nothing herein contained shall be construed as relieving the city from at all times maintaining a sufficient liquid condition of this fund to meet full and prompt payment of all pension payments due under any division of this plan and the city shall have an obligation to pay any pension payments due thereunder. Section 7. The provisions of the pension plan of 1949 as amended in 1951, as amended, shall remain in full force and effect as to all members of Division B of said plan. Section 8. Be it further enacted that evidence of advertising as required by the Constitution of 1945 is hereto attached and made a part hereof. Section 9. If this Act or any portion of it or the application of said Act or any portion of it to any person or circumstance shall be declared invalid, the remainder of this Act and application of such invalid portion to other persons and circumstances shall remain unaffected. This Act shall become effective of the first of the month next following after its passage and approval. Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County: Personally appeared before the undersigned attesting officer, Denmark Groover, Jr., Representative from Bibb County, who, first being duly sworn, deposes and says on his oath that he is the author of the within and

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foregoing local bill and that the notice of intention to apply for passage and approval of the same as set forth below appeared in the Macon News once a week for three consecutive weeks, to wit: on January 14, 21 and 28, 1956, during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georiga, and that the Macon News is a newspaper of general circulation in the County of Bibb in which the advertisements of the Sheriff of the County of Bibb were and are published. /s/ Denmark Groover, Jr. Sworn to and subscribed before me this 9 day of February, 1956. /s/ Janette Hirsch Notary Public, Fulton County, Ga. My commission expires: Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for the passage of the following local legislation at the 1956 session of the General Assembly which convened on Monday, January 9, 1956: 1. An Act to repeal Section 3 of an Act approved August 9, 1929, entitled: An Act to amend an Act re-enacting the charter of the City of Macon, approved August 3, 1928, so as to provide that the Macon Hospital Commission therein referred to shall be authorized and directed to operate as a part of the Macon Hospital the anti-tubercular sanatorium located in Bibb County and known as Hopewell Sanatorium and now operated by the Anti-Tuberculosis Commission in and for the City of Macon and County of Bibb, to provide for the support and maintenance of said Macon Hospital, including such anti-tubercular sanatorium by the City of Macon and County of Bibb; and for other purposes; relating to tax levy for support of the hospital and sanatorium.

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2. An Act to amend Section 114 of the charter of the City of Macon as amended by adding a subsection to be known as Subsection (j) requiring the Macon Hospital Commission to submit to the Mayor and Council of the City of Macon annually on the 1st of September a proposed budget for the next succeeding calendar year. A. An Act or Acts to authorize the inclusion of certain of the officers and employees of the City of Macon within the coverage of the Federal Social Security System, to make contract commitments in connection therewith, and to make contributions and payments in connection therewith, including assurance fund payments and payments incident to securing past service credits. 4. An Act or Acts repealing, enacting and re-enacting laws or parts of laws, including pension laws, to accomplish the object set forth in the Act or Acts described in the preceding paragraph. 5. An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of Washington Avenue in said city and to authorize said city to close, vacate and abandon the portion of Washington Avenue involved. This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of 1945. C. Cloud Morgan, City Attorney. Approved March 6, 1956.

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KITE CHARTER AMENDED. No. 358 (House Bill No. 569). An Act to amend an Act entitled An Act to incorporate the Town of Kite, in the County of Johnson, and to provide for the election of a mayor and council, and to define their powers and duties, and for other purposes, approved September 11, 1891 (Ga. L. 1890-91, Vol. II, p. 755), as amended so as to change the number of councilmen; 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 incorporate the Town of Kite, in the County of Johnson, and to provide for the election of a mayor and council, and to define their powers and duties, and for other purposes, approved September 11, 1891 (Ga. L. 1890-91, Vol. II, p. 755), as amended by an Act approved August 13, 1903 (Ga. L. 1903, p. 549), an Act approved August 13, 1910 (Ga. L. 1910, p. 851), and an Act approved March 28, 1935 (Ga. L. 1935, p. 1098), is hereby amended by striking from Section 3 the word five, and in lieu thereof inserting the word three, so that Section 3, as so amended, shall read: Section 3. Be it further enacted by the authority aforesaid, that as soon as is practicable, and on the first Saturday in October, 1891, there shall be an election held for the election of a mayor and three councilmen, which election shall be conducted in the same manner as an election for members of the General Assembly in this State, and each person residing within the corporate limits of said town, who shall be qualified to vote for the members of the General Assembly, shall be qualified to vote in such election for mayor and councilmen, and the person or persons who shall receive the highest number of votes for either of the above named offices shall be declared duly elected; provided, the marshal and clerk

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shall be elected by the mayor and council immediately upon their election, or as soon thereafter as practicable. Sec. 3. Act of 1891, amended. Section 2. This Act shall become effective as of January 1, 1957. Section 3. No successor shall be elected to the two members of the coucil whose term expires December 31, 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to change the number of councilmen of the Town of Kite; and for other purposes. This 13 days of January, 1956. Emory L. Rowland, Representative, Johnson County. Francis F. Shurling, Senator21st Senatorial District. (J-19-1tc). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory L. Rowland, who, on oath, deposes and says that he is Representative from Johnson County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wrightsville Headlight, which is the official organ of said county, on the following dates: January 19 26, and February 2, 1956. /s/ Emory L. Rowland, Representative, Johnson County.

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Sworn to and subscribed before me, this 7th day of February, 1956. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My commission expires October 14, 1959. (Seal) Approved March 6, 1956. THOMAS COUNTYFEE SYSTEM ABOLISHED. No. 359 (House Bill No. 591). An Act to abolish the present mode of compensation accruing to the offices of the Clerk of the Superior Court of Thomas County and the Clerk of the City Court of Thomasville of said county, the Ordinary of Thomas County, the Sheriff of the City Court of Thomasville, and the Sheriff of Thomas County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of such officers and provide the time and method of payment of the same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except salaries, shall be and become the property of Thomas County, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same to Thomas County periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants

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by said officers, the fixing of their salaries and the payment thereof; to provide for certain travel expense connected with the office of Sheriff of Thomas County; to provide for a referendum; to provide that if the salary system of compensation is approved in said referendum that the salary system of compensation as set out herein shall be put into effect with the terms of office commencing January 1, 1957; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Commencing with the terms of office which begin on January 1, 1957, the present mode of compensation accruing to the offices of Clerk of the Superior Court of Thomas County, Clerk of the City Court of Thomasville, Ordinary of Thomas County, Sheriff of the City Court of Thomasville, and Sheriff of Thomas County, Georgia, known as the fee system, is hereby abolished, and in lieu thereof salaries for such offices shall be paid in lieu of all fees as hereinafter provided. Section 2. (a) The Clerk of the Superior Court of Thomas County shall be paid a salary of seven thousand dollars ($7,000.00) per annum. Salaries. (b) The Ordinary of Thomas County shall be paid a salary of six thousand dollars ($6,000.00) per annum. (c) The Sheriff of Thomas County shall be paid a salary of twelve thousand dollars ($12,000.00) per annum. Section 3. Said salaries shall be paid in twelve (12) equal monthly installments at the end of each calendar month and shall be said officers' sole compensation and in full payment of all services rendered by said officers

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in performing the duties of their respective offices, including, in the case of said clerk and sheriff, services performed as ex officio officers of the City Court of Thomasville of said county. Said salaries shall be expenses of the courts of said county, and payable from any funds of said county available for such purposes. Section 4. All fees, costs, commissions, forfeitures, penalties, allowances, moneys, and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by any of said officers, except said salaries, shall be collected by each and all of said officers for the sole use of Thomas County and shall be paid by said officers to Thomas County, and said county is hereby subrogated to all rights, claims and liens of said officers, respectively therefor. Fees, cost, etc. Section 5. Each of said officers shall diligently and faithfully undertake to collect all fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments accruing to their respective offices and belonging to said Thomas County, and shall receive and hold the same in trust for said Thomas County as county funds, and shall pay the same to Thomas County by the fifteenth day of each month following the month during which said sums were collected. Each of said officers shall at all times keep complete and accurate books of account showing all sums of every sort and nature due to his office, collected by his office, or in any manner distributed by his office, and shall present to Thomas County with each such monthly payment a detailed itemized statement, under oath, showing all such collections and the sources from which collected. The Board of Commissioners of Roads and Revenues of Thomas County shall cause a certified public accountant to make an annual audit of the records of each of said officers not later than 90 days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Thomas County by each respective officer and all funds due the county but not collected by each respective

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officer. The expense of preparing such audit for each respective office shall be paid by Thomas County. Audits. Section 6. The necessary operating expenses of said offices, which shall not be construed to include any automobile expense unless otherwise herein specifically provided, shall be expenses of the courts of said county, and shall be payable from any funds of the county available for such purposes, when approved by the Board of Commissioners of Roads and Revenues of Thomas County, and shall be paid directly to the supplier or such other person to whom payment for such expenses is due. Each of said officers shall furnish said board by the seventh day of each month an itemized statement of such expenses incurred in his office during the preceding month. Expenses. Section 7. The premiums upon all official bonds of each of said officers, and the respective deputies, clerks and assistants, required by law, shall be paid out of county funds. Official bonds. Section 8. Said clerk of the superior court shall be authorized to employ to serve at the pleasure of said clerk and to perform such duties as may be assigned by him such deputy clerks and clerical assistance as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the Board of Commissioners of Roads and Revenues of Thomas County as may be required from time to time. Deputies and assistants. Section 9. Said ordinary shall be authorized to employ to serve at the pleasure of said ordinary and to perform such duties as may be assigned by him a clerk and such clerical assistance as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the Board of Commissioners of Roads and Revenues of Thomas County as may be required from time to time. Ordinary's clerk. Section 10. Said sheriff shall be authorized to employ

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to serve at the pleasure of said sheriff and to perform such duties as may be assigned by him, such deputies, clerical assistance and a jailer as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the Board of Commissioners of Roads and Revenues of Thomas County, as may be required from time to time. Sheriff's assistants. Section 11. Said sheriff shall furnish such automobile or automobiles as shall be necessary for the performance of the duties of said office and pay all such automobile expense out of the compensation herein provided for said sheriff, except that when any official business of said sheriff requires him to travel beyond the limits of Thomas County said sheriff shall be allowed the actual expenses incurred for said trip plus eight cents (8) per mile for each mile traveled beyond the limits of Thomas County on official business, provided such trips are first approved by the Board of Commissioners of Roads and Revenues of Thomas County and all bills for such expenses when presented for payment are accompanied by paid receipts. Automobiles. Section 12. No parts of this Act shall be interpreted so as to prevent the benefits given to officers under the Georgia Code, Title 58, Section 207 from being received by the officers who might otherwise be entitled thereto, nor shall this Act deprive any of the officers from receiving rewards for the apprehension of criminals. Section 13. This Act shall not become effective unless approved by the people in a referendum held for such purpose. Not less than fifteen (15) days nor more than thirty (30) days after date of the approvel of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Thomas County to issue the call for an election for the purpose of submitting this Act to the voters of Thomas County for approval or rejection. The date of the election shall be set for a day not less than twenty (20) days nor more than thirty (30) days after the date of the issuance of the call. The date and the purpose of the election shall be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Thomas County. The ballot shall have printed thereon the words: For approval of the Act placing the Clerk of the Superior Court of Thomas County and the Clerk of the City Court of Thomasville of said county, the Ordinary of Thomas County, and the Sheriff of the City Court of Thomasville and the Sheriff of Thomas County, Georgia, on a salary basis in lieu of a fee basis. Against approval of the Act placing the Clerk of the Superior Court of Thomas County and the Clerk of the City Court of Thomasville of said county, the Ordinary of Thomas County, and the Sheriff of the City Court of Thomasville and the Sheriff of Thomas County, Georgia, on a salary basis in lieu of a fee basis. Referendum.

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All persons desiring to vote in favor of this Act shall vote for approval and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Thomas County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall further be his duty to certify the results thereof to the Secretary of State. Section 14. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby and shall remain in full force and effect. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention of the undersigned

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to apply for local legislation at the present session of the General Assembly of Georgia, which convened on the ninth day of January, 1956, to abolish the present county offices of Tax Receiver and Tax Collector, of Thomas County, Georgia, and to create in lieu thereof the county office of Tax Commissioner of Thomas County, Georgia, who shall discharge the duties of the present county offices of tax receiver and tax collector; to abolish the present mode of compensation accruing to the offices of tax receiver and tax collector, known as the fee system, and to provide in lieu thereof a salary for the office of Tax Commissioner of Thomas County, Georgia; to abolish the present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court, and Sheriff, of Thomas County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of all of such aforesaid officers and provide the time and method of payment of same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payment of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants by said officers, and to fix their salaries and provide for the payment thereof; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain in force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes. By authorization of the Commissioners of Roads and

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Revenues of Thomas County, Georgia, this the 16th day of January, 1956. /s/ E. P. McCollum, County Attorney for Thomas County, Georgia. State of Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Lee E. Kelly, who after being first duly sworn on oath says and certifies that he is secretary and general business manager of the Times-Enterprise Company, publishers of the Times-Enterprise, the weekly edition of which paper is the newspaper in which sheriff's advertisements for Thomas County are published, and he does further swear and certify that an exact copy of the above and foregoing notice of intention to apply for local legislation was published in The Times-Enterprise, Weekly Edition, on January 20th, 27th and February 3rd, 1956. /s/ Lee E. Kelly. (Lee E. Kelly) Sworn to and subscribed before me, this 6th day of February, 1956. /s/ L. B. Edwards, Notary Public, Georgia, State at Large. My Commission expires Sept. 11, 1958. (Seal) Approved March 6, 1956. LULA CHARTER. No. 360 (House Bill No. 232). An Act to incorporate the City of Lula in the Counties of Hall and Banks, State of Georgia; to grant a charter to said city; and to supersede and to repeal the Act incorporating the Town of Lula (Acts of 1905, p. 970),

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and the Act amending same, (Acts 1917, p. 737); and the Act incorporating the Town of Belton (Act of 1874, p. 155) and the Acts amending same (1876 p. 158; 1878-9, p. 266; 1887, p. 547; 1939, p. 900); to provide a municipal government for the City of Lula; to define the territorial limits of said city; to provide for the powers thereof; to provide for a mayor and council and to define their powers and duties; to provide wards; to provide punishment of violators of the ordidances of said city; to define the special powers and duties of the mayor; to provide for the election of a mayor and council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all city elections, for the declaration of the results of such election; to provide for the selection of a mayor pro tem; to provide for the qualifications of the voters and electors in said city, and for the qualifications of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision of city clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters' list and for a hearing on same; to provide for a city clerk and treasurer, a city marshal, waterworks superintendent, attorney and other officers, their oaths, bonds, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of city ordinances, with or without warrant; to provide for the taking of appearance bonds, and for the forfeiture of the same; to provide for appeals and certiorari; from the police court and from the decision of the mayor and council in criminal cases; to require tax returns to be made by the citizens of said city; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made, to provide for appeals from decision of board of tax assessors

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and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the city and to define its limits; to empower said city to widen its streets; to provide for the removal of obstructions from streets; to empower said city to require railroad companies to make and repair crossings in said city; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and businesses, callings, and professions; to provide for the registration of trades and business, and to authorize said city to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for a revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to impound the same; to provide for the opening of new streets, and the right to condemn property for streets in said city; to provide for the costs of curbing, drains and manholes; to compel the connection of water and gas lines with city lines; to provide for the prorating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions there; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that assessments for street improvements to be paid in installments

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and for the lien of installments assessments; to provide for street improvement bonds which will not be an obligation of the city and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said city and for sewerage and drainage assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of such sanitary lots; to authorize the city to maintain and operate a system of waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police laws; to provide for all matters and things necessary or proper or incident to all municipal corporations and inhabitants and well-being thereof; to provide for the passage of all necessary, proper or incidental ordinances, resolutions, regulations and orders, to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said city; to provide for the collections of sanitary taxes; to provide for a board of health and to define the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said city and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a city cemetery and its regulations; to provide for the power of the city to grant encroachments on public streets; to provide for a city prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said city and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for city parks, and for the regulations of trees in said city; to provide for the regulation of vehicles and their speed in said city; to provide for prevention of idleness and loitering; to provide for a city fire department; to provide for the collection of a tax on dogs; to provide

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for a code of ordinances for said city; to require building permits before any building or structure can be erected in said city; to provide for the condemnation of private property, within and without the city, for public purposes; to provide that the City of Lula be liable and be liable and responsible for and shall carry out the contracts, and commitments of and shall be liable for and pay the bonds, debts, obligations and other liabilities of the Town of Lula and the Town of Belton, whether bonded indebtedness or otherwise and authorizing the City of Lula to levy and collect a tax therefor; to provide for the issuance of bonds, for bond election and for the levy and collection of a tax to pay said bonds; to provide for the sales of city property by the mayor and town council; to provide for recall of elected officers; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; to make it illegal for any person, partnership or privately owned corporation or association to place, install or use pipes to convey and carry water across, over and under public streets, alleys and thoroughfares and buy or to sell or furnish water to other persons without a permit and licenses and without installing a chlorinator to treat the water sold and secure a certificate from the Board of Health of Georgia; to provide for the situs of suits against and in behalf of the City of Lula; to provide for a referendum to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The corporate existence of the Town of Lula and the Town of Belton be and they are hereby abolished and all of the territory embraced in said corporate limits and the additional territory set forth hereinafter be and shall constitute a municipality to be known as the City of Lula and the inhabitants of the territory hereinafter described in Section 2 located in Banks County and Hall County in the State of Georgia are hereby incorporated under the name and style of City of Lula. I corporation.

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Section 2. The corporate limits of the City of Lula shall be, using the Lula School building as the axis, the limits of the town shall extend in a southwest direction parallel with the Southern Railroad a distance of one mile, from said school building, and shall extend in a northeast direction parallel with said railroad a distance of one mile, in a southeast direction from said school building a distance of one mile, in a northwest direction one half mile, being in a rectangular shape one mile wide and two miles long. Corporate limits. Section 3. The inhabitants of the territory described in Section 2 of this Act, located in Hall and Banks Counties, State of Georgia, be and are hereby incorporated under the name and style of City of Lula, and said City of Lula is hereby chartered and made a city under the corporate name of City of Lula, and by that name shall have perpetual succession, and is hereby vested with all rights, powers and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property easements and hereditaments within or without its corporate limits now belonging to said City of Lula shall be and are hereby vested in said City of Lula as created by this Act; and the City of Lula as created by this Act, may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and councilmen, such ordinances, bylaws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of Lula shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements hereditaments, and of whatever kinds, and within or without the limits of said city and for corporate purposes of said City of Lula, created by this Act shall succeed to all rights of and is hereby made responsible

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as a body corporate for all the legal debts, liabilities and undertakings of said City of Lula and its mayor and councilmen as a body corporate as heretofore incorporated. Corporate powers. Section 4. The said city shall be divided into five wards, the first ward to be all that part of the city west of the Southern Railroad, and south of Athens Street, to the southern limits of the city; the second ward shall be all that portion of the city west of the Southern Railroad; and lying between Athens Street and Carolina Street, extending to the western limits of the city; the third ward shall be all that territory west of the Southern Railroad, and lying between Carolina Street and 4th Avenue extending to the western limits of the city; the fourth ward shall be all that territory lying between 4th Avenue and the northwest limits of the city, west of the Southern Railroad; the fifth ward shall be all that territory within the corporate limits of the city east of the Southern Railroad. Wards. Section 5. The municipal government of the City of Lula shall consist of and be vested in a mayor and five councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery stables, sales stables, warehouses, sleeping apartments, restaurants, cafes, opera houses, theatres, picture shows and all kinds of shows and circuses, dance halls, skating rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber shops, soda founts beer saloons, telegraph and telephone companies, gas, water, lights, and electrical companies, booths, stands, tents, stores, business establishments, filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city,

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and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said city, and the preservation of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other thing and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Powers of mayor and council. Section 6. The mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authority by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the council as he may deem proper; to

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see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper to preside in the police court of the City of Lula, and it is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the council by imposing such sentence or penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinances or resolution of the council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor's powers and duties. Section 7. The mayor of Lula shall be Austin Farmer. The five councilmen of Lula shall be H. L. Whitworth from first ward, H. O. Tate from second ward, Roy Caudell, from third ward, James Echols from fourth ward, Vascoe Barrette from fifth ward. Such named persons shall serve until their successors are elected and qualified as provided in Section 8. Guy Adams shall serve as clerk and treasurer of the City of Lula until a clerk and treasurer shall be appointed and elected by the mayor and councilmen in July 1956 as provided in Section 20 hereof. Incumbents. Section 7 A. The mayor shall be elected by ballot from the city at large. The councilmen shall be elected by ballot of the qualified voters of the City of Lula, but to be eligible to hold the office of councilman the candidate must reside in the ward which he is to represent on the council. Councilmen shall be elected for staggered terms as is set forth in Sec. 8. Election of mayor and councilmen. Section 8. On the second Saturday in July, 1956, there

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shall be elected for said city, by the qualified voters therein, a mayor and five councilmen, and the mayor and two of said councilmen shall be elected to serve for a term of one year, and three of the said council so elected shall be elected to serve for a term of two years. Then, on the 2nd Saturday in July, 1957, and bi-annually, after said election on said second Saturday in July, 1956, three councilmen shall be elected for said city, it being the purpose of the section to provide a rotation system for the office of mayor and councilmen, in order that at no time shall there be elected for office at the same time a new mayor and councilmen throughout, but that after every election there shall remain in said body either a mayor and two councilmen, or three councilmen who have served in said capacities for one year preceding, thereby retaining in said body three officials who have had at least one year of experience in said capacities either as mayor or as councilmen. With the exception of the mayor and two councilmen who will be elected on the second Saturday in July, 1956, to serve for a term of one year, all elections for mayor and councilmen elected under the provisions of this charter shall be for two years, commencing on the second Saturday in July, 1957. On the third Monday in July, 1956, the newly elected mayor and/or councilmen-elect shall meet in the city hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solmnly swear that I will well and truly demean myself as mayor (or councilmen, as the case may be) of the City of Lula for the ensuing term, and I will faithfully enforce the charter and ordinance of said city to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special called meetings, as the business of the city may require, which special or called meetings shall be called by the mayor in his discretion, to be convened as

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provided by the city ordinances. In the event that the office of the mayor, or any one or more of the councilmen shall become vacant by death, resignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selected by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed (12) months. Same. Installation. Meetings of council. Vacancies. Section 9. Should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Vacancies. Section 10. Elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Lula shall be managed by a justice of the peace or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; and said managers before entering on their duties, shall take and subscribe before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may be necessary at said city hall or other designated place for the holding of any election. The polls shall be opened at 7:00 o'clock A. M., and

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closed at 5:00 P. M. Persons receiving the highest number of votes for the respective office shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any elections and of any clerks that may be necessary in holding any elections, but such pay or compensation shall not exceed the sum of $5.00 per day for each such manager or clerk. Conduct of elections. Section 11. The said managers shall certify two lists of voters and two tally sheets and shall place one list of voters and one tally sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the city clerk. The other shall be placed in a package and sealed and forthwith delivered also to the clerk of said city, who shall safely keep the same and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective officers shall be elected. In case of a tie between two or more candidates in any election for mayor and councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared, under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Results. Section 12. The mayor and councilmen at their first regular meeting in July, 1956, and annually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem.

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Section 13. All persons qualified to vote for members of the General Assembly of this State and shall have resided in the City of Lula 90 days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualified voters. Section 14. No person shall be eligible for the office of mayor of councilman of said city unless he shall be a freeholder owning real estate in said city and have resided in said city one year immediately preceding his election and shall be qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time of said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilmen, unless such candidate shall file with the clerk of said city, in person not by proxy, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed in said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time above provided. Qualifications of mayor and councilmen. Section 15. It shall be the duty of the clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day between the hours of 8 o'clock A. M. and 6 o'clock P. M. (Sundays and legal holidays excepted) until tweny days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book

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until said book be again open following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the city, and who upon the day of the election, if then a resident, will have resided in said city for thirty days prior thereto, to allow such person to register his name and color recording on said book besides the applicant's name, his age, occupation or business. Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear that your are a citizen of the United States; that you have resided in Georgia for twelve months, in this county six months, and the City of Lula thirty days next preceding his registration, or that by the date of the next city election, if you are still a resident of the city, you will have fulfilled these conditions; that it is your intention to remain a resident of this city until the date of the next city election; that you are 18 years old; and that you have made all returns required by you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by someone authorized to do so for him. However, no person registering in said book shall be required to again register as qualified voter of said city so long as he remains a resident of said city, and does not disqualify himself, it being the purpose of this Act to provide a permanent system of registration for said city. Registration of voters. Section 16. At the first regular meeting of the mayor and councilmen in July of each year, said mayor and councilmen shall select and appoint there registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said

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city and furnish same properly certified to the clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars; said oath shall be in form prescribed by the mayor and council. The compensation of such registrars shall be fixed by the mayor and council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of five dollars ($5.00) per day for each registrar, for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars. Section 17. The clerk of the city of Lula shall close the registration book twenty days before any regular or special election, to be held in said city at five o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up from said book a list of the qualified voters of said city who are qualified to vote in such election; in making said list, the registrars shall exclude the name of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters' list, not later than five days prior to such election and certify said list to be true and correct and to deliver same to the clerk of the City of Lula, and the said clerk shall certify that same has not been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver such list of the election managers selected to hold such election; and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voters shall produce a certificate signed by the registrars that his name was omitted from said voters' list by accident or mistake. Voters' list. Section 18. All persons shall have the right to appeal from the decision of the clerk, refusing any person the

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right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, or persons, to vote in such election and the decision of said board shall be final. Appeals from refusal to register. Section 19. The board of registrars shall have full authority to purge all registration lists in said city of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reasons to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice on such person or persons, whose name or names appear on such registration book shall be sufficient service. If any such person or persons, so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such persons if they find such person or persons are disqualified to vote in said election for any cause. Purgin of lists. Section 20. At the first regular meeting of the mayor and councilmen in July, 1956, and annually thereafter, the mayor and councilmen shall elect a city clerk and treasurer; said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his

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duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take oaths; perform such duties and give such bonds as the mayor and councilmen may by ordinances prescribe; provided that all bonds of officers shall be made payable to the City of Lula. Said mayor and councilmen shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and councilmen to fix the salaries, or compensation, of said mayor and councilmen, and all other officers, agents and employees of said city, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officers. However, the salary of the mayor of said city shall not exceed the sum of $100.00 per year; the salary or compensation of the councilmen of said city shall not exceed the sum of $50.00 per year; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $100.00 per year; the salary of the marshal or chief of police of said town shall not exceed the sum of $250.00 per month; the salary of all other policemen of said city shall not exceed the sum of $150.00 per month each. All expenditures of the mayor and councilmen for city purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and councilmen have allowed same. The mayor and councilmen may, at any time employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. To employ waterworks superintendent and city attorney, at salaries fixed by mayor and council. Officers and employees. Section 21. The mayor and three councilmen shall constitute a quorum for the transaction of any business

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before the body; and a majority of the votes cast shall determine question before them. On all questions before the said council the mayor or the mayor pro tem., if he be presiding, shall be entitled to vote only in the case of tie. The mayor shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at least four councilmen on an aye and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Meetings of council. Section 22. The mayor or in his absence or disqualification the mayor pro tem., or in the case of the absence of both the mayor and mayor pro tem., any councilman of the City of Lula may hold and preside over a court in said city, to be called the Police Court, for trial of all offenders against the laws and ordinances of said city as often as necessary. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said mayor, mayor pro tem., or other person acting as such shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred dollars, imprisonment in the city prison or the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work the streets in the city chaingang, or such other public places as the mayor or acting mayor may direct, not to exceed thirty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city chaingang shall not both be inflicted in any one case, and neither the punishment or confinement

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in the city or county jail, or that of a sentence to work in the city chaingang on the streets of said city shall be inflicted except as alternative upon failure or refusal to pay such fine as may be fixed by the mayor or acting mayor in addition to said above punishment such fines imposed by the mayor or acting mayor may be collected by execution. Police court. Section 23. The mayor or mayor pro tem. in case he shall be presiding, shall have the power of said police court, if the offense charged against the prisoner be beyond his jurisdiction to examine into the facts of the case, and commit the offender or offenders to jail or bail them if the offense is bailable, by a justice of the peace under the laws of this State, to appeal before the superior court of the county in which the offense is alleged to have been committed. Commitments. Section 24. The mayor and councilmen of said city shall have the power to authorize by ordinance the marshal or policemen of said city to summon any or all bystanders to aid in the arrest of any person, or persons violating any ordinance of said city, or any laws of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests. Section 25. It shall be lawful for the marshal or any policemen of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time of endeavoring to escape and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine said person arrested by them in the city prison or the jail of Hall County, for a reasonable length of time. It shall be lawful for the marshal or the policemen of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Lula, which violations take place

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in the presence of the said marshal or policemen. The marshal and policemen of said city are authorized to the same extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating any of the criminal laws of this State. The marshal and policemen of this city are also authorized to arrest anywhere within the limits of this State any person or persons charged with violating any of the ordinances of the City of Lula; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen are not authorized to arrest the offender outside the corporate limits of said city, except in obedience to warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any person arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests. Section 26. The mayor and councilmen of the said City of Lula shall have power to organize one or more chaingangs or workgangs, and confine therein persons who have been sentenced by the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same though its proper officers. Work gangs. Section 27. The mayor or the mayor pro tem. when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said city, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, if any to be found, and his sureties with a rule

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at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem., or acting mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Lula. Appearance bonds. Section 28. Any person convicted in the police court of said city for violations of any of the ordinances and bylaws, shall have the right of certiorari to the superior court of the county in which the offense is alleged to have been committed. No appeals to the councilmen or to the mayor and councilmen shall be allowed in any case. Certiorari from police court. Section 29. All persons owning property in the City of Lula shall be required to make a return under oath, annually, to the clerk of said city, of all their property, real and personal, subject to taxation by said city, as of January first of each year; and the books for recording same shall be open on January first and close on April first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns. Section 30. The mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and councilmen shall fix the per diem compensation of said tax assessors, which shall not exceed the sum of seven dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and councilmen as they occur during the year. Before entering upon the discharge of their duties,

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each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said assessors to assess the value of all real estate and personal property subject to taxation by said city at its fair market value; and it shall be their duty to examine the tax returns made by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilmen; when their return is made said assessors shall appoint a time and place for the hearing of objections to their assessors, and they shall cause notice to be given to all persons whose property valuation has been raised or double taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid to his last known address shall constitute legal notice to him. Tax assessors. Assessments Section 31. Any person dissatisfied with the assessments made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and councilmen of said city. Provided said appeal to be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount of which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and councilmen at their next regular meeting unless continued

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for cause, and their decisions shall be final. The mayor and councilmen of said city shall have the power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeals. Section 32. The mayor and councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the city and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. This power may be delegated by said mayor and councilmen at their discretion to the board of tax assessors. Collection of taxes. Section 33. The mayor and councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Executions. Section 34. For the purpose of raising revenue for the support and maintenance of the government of said City of Lula and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, and every other species of property in said city owned held therein, of not exceeding one dollar on the hundred worth of taxable property, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal and interest of any bonds heretofore issued, or that may issue hereafter, by said city authorities; and to provide

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a fund for the payment of the annual interest on said bonds greater ad valorem tax may be levied and collected. Such ad valorem tax may be levied in such amount as may be necessary without limitation as to rate of amount to pay said principal and interest on said bonds as the same mature. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided however, that the said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund if said mayor and council so desire. Tax rates. Section 35. The mayor and council of the City of Lula shall have full control over the streets, sidewalks, alleys, and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Lula, and the grading of the same; to open any streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Lula without compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said mayor and council of the City of Lula shall have full power and authority to remove or cause to be removed any building, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public square of said city. And the person or persons placing said objects of obstruction or nuisance upon said streets, alleys, avenues or other public property should fail to remove same within ten days after the

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mayor and council so notified such person or persons in writing the mayor and council may have such obstruction or nuisances removed, and an execution may be issued for the full cost of removal, in such a manner as may be prescribed by ordinances. Said mayor and council of the City of Lula shall have power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks, and public grounds for sign posts, awning, telegraph, telephone poles, racks and for banners, hand bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric company shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company and collect the cost of such removal from such company by execution. Section 36. The City of Lula is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city and to other persons within or without the city, as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Water Section 37. Said City of Lula shall also have power

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and authority to own, operate, and control and regulate for the best interest of the said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, except property of an existing public utility company, in accordance with the laws of this State, and to do all other things and acts necessary for the establishment and operation of such a system and public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Utility systems Section 38. Said city shall have the right to contract with and rent franchises to public utility companies including telephone, electrical power, gas, water and sewerage. Franchises Section 39. The mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite, or other combustible or explosive material or substances within the limits of said city; and to regulate the use of lights, in shops and stables and other places or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, skyrockets, Roman candles, firing of guns, pistols, anvils and every other kind of gaming or hunting within the corporate limits of said city. Safety regulations Section 40. Said mayor and councilmen shall have full power and authority to require any person or firm, company or corporation, whether non-resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling trade, vocation, business or profession annually,

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and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling trade or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinances for the punishment of all persons, firms, companies, or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business profession or occupation before paying such taxes or take out said license, or who fails to comply in full with all requirements of said ordinance made in reference thereto. Business licenses. Section 41. Said mayor and councilmen shall have full power and authority to license billiard tables, pool tables, ten pins, and all other tables kept and used for the purpose of playing, gaming, or renting of ten pin alleys, nine pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game of play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may by ordinance prescribe. Amusements. Section 42. Said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendence as will insure fair dealing between them and their customers. Brokers. Section 43. The mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty shops, all oil mills, ice works, laundries, waterworks,

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all opera houses, theaters, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealer, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all other shows or performances exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses, callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Licenses. Section 44. At the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as heretofore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constutute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as city ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation, for which a license is required by the City of Lula, without having first procured such license and complied with all other requirements of said City of Lula, relative thereto, shall be guilty of a violation of the city ordinance, provided for such license or tax, and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first procured said required license shall be a separate and distinct violation of said license ordinance; and the

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prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of Lula, requiring a license, prior to May first of any year, the mayor and councilmen shall add the sum of twenty percent (20%) of a total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person, firm or corporation shall after May first of any year, commence, begin or engage in any business, within the City of Lula, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council then add the twenty percent (20%) penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance for the classification by the different classes of business, and all other rules and regulations necessary and proper in the premises. Operation without license. Section 45. The mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment, for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Lula, and in case of such license fee shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said mayor and councilmen, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the mayor and council whatever evidence he may desire touching the question of revocation of such license. The

Page 3195

decision of the mayor and councilmen of said city, revoking any license shall be final. Revocation of licenses. Section 46. The mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, to to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outery and the proceeds applied to the payment of said feed and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the mayor and councilmen. Animals. Section 47. The mayor and councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the mayor and councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Section 36-301 to 36-307, inclusive of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and councilmen shall have full power and authority to remove, to cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lands, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section to appropriate ordinances. Eminent domain. Section 48. The City of Lula, by and through its mayor

Page 3196

and council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in said City of Lula and to improve any street, sidewalk, avenue, lane or other public place or, any portion thereof, in said city, as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper, including the installation of manholes, catch-basins, and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Street and sidewalk improvements. Section 49. One-half of the total costs of grading, paving, repaving, or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by the said city; provided, however, that when said sidewalks in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment be deemed considered as abutting on corner lots or tracts. Costs. Section 50. One-third of the total cost of grading, paving, repaving, or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved, or reimproved, the other two-thirds of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise

Page 3197

improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving, and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catch-basins, drain pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or other public places shall be considered as a part of the total cost of such paving or the improving and shall be assessed accordingly against the owners of abutting property as provided for in this Act; provided, however, that the cost of the paving or improving of a street, intersection shall not be assessed against abutting property owners but shall be paid by said city. Drains, manholes, etc. Section 51. Said mayor and council of said City of Lula shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes, and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places and shall be included and made a part of the general assessment to cover the costs of such improvement and shall be taxes against the owners of such abutting property. Water and gas connections. Section 52. The assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvements on the streets, sidewalks, alleys, lanes, avenues or other public places, directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Computation of assessments.

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Section 53. Said City of Lula, by and through its mayor and council, may grade, pave, repave, improve or reimprove, widen, change or extend any of the sidewalks of said city including necessary curbing, drainage, or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places; it shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved, and reimproved in said City, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Sidewalks Section 54. No street, avenue, alley, lane or other public place in this city shall be repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance, shall be passed unless said mayor and council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Improvements ordinance.

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Section 55. In determining the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in the interest of owner's undivided interest shall be counted as one person, provided that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Procedure. Section 56. The ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance and advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein or in which the advertisements for sheriff's sales in Hall County are published before the final passage of such ordinance, such advertisements giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said mayor and council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinances. Said meeting may be held at the time for the regular monthly meeting of said mayor and be held at the time for the monthly meeting of said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes, or other public places, or parts thereof may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane, or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement if any property

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owner or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said mayor and council shall have the right to order such paving, repaving, or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvements who does not within ten days therefrom bring legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the Courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the mayor and council shall deem best they shall cause said improvements to be made. Same. Section 57. Said mayor and council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contracts and the provisions thereof; and the said mayor and council shall by ordinance provide that the contractors shall execute to the City of Lula a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Lula and all property owners interested against any loss or damage by reason of the negligence or improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five percent of the total cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of its completion, or both, in the discretion

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of the said mayor and council. Said ordinance shall also direct the mayor and clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notices shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where the sealed proposals shall be filed and when and where the same will be considered by the mayor and council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of Lula. The right is hereby expressly granted to the City of Lula to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the mayor and council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected, perform all the conditions improsed by the said mayor and council as prescribed in such ordinance and notice for proposals. The said mayor and council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contracts for improvements. Section 58. As soon as the said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained, the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts of land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer, or committee, shall file with the clerk of said city a written report of

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the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane, or other public place so improved. When said report shall have been returned and filed and the said mayor and council for said city shall appoint a time for holding of a session of council or shall designate for a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tract of land abutting on said improvement, and notice of such session for the said hearing shall be published by the said clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Lula and said notice shall provide for inspection of such returns by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five or more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said engineer or committee or as corrected by said mayor and council. The mayor and council shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to any lots or tracts for the assessment againt any other abutting owner. Appraisal and apportionment of costs. Assessment liens.

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Section 59. After the adoption of the ordinance provided for in Section 58 of this Act a written statement shall be furnished by the clerk of the said City of Lula to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing, her, his or its pro rata part of such assessment and it shall be the duty of such person, company, or corporation so notified to pay the said clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herin provided for shall be served personally upon each of said property owners and upon agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agents, and where such notice or statement be mailed to said property owner or agent at the last post office address of said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notices or statements may be made either by the clerk or by the marshal of said city. Payment of assessments. Section 60. If any person or persons, company or corporation shall fail or refuse to pay the clerk of said City of Lula his, her or its assessments as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding section, said clerk will be authorized to issue executions bearing teste in the name of the mayor and council of said city and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, streets, avenues, alleys, lanes or other public squares, or portions thereof so paved or improved, which execution shall be a lien against such property from the date of the ordinance authorizing such improvements and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon

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the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales or city taxes the same shall be sold at public outery to the highest bidder; subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 have authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Lula shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions. Section 61. The marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said city before said transfer, and the city shall allow the use of its machinery of government for the collection of said executions. Assignment of executions. Section 62. The passage of the ordinance for paving, repaving, or otherwise improving the streets, sidewalks, alleys, lanes, or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on the docket of the clerk of the superior court of the court in which the streets, sidewalks, alleys, lanes or other public places, or parts thereof is located, under the general registration laws of this State. Ordinance as notice of lien Section 63. Any defendant in any such executions or owners of property against which the same is issued shall have the right to file an affidavit of illegality upon

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the ground that the same has issued, or is proceeding illegally, as provided by statute in cases of other execution, stating what amount, if any, is admitted to be due (which amount so admitted must be paid before such affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the clerk of the superior court of the county where the property embraced in the execution is located, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the superior courts in this State. In the event any special assessments shall be found to be invalid, insufficient, in whole or in part, for any reason whatsoever, the mayor and council may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Illegalities. Section 64. Whenever the abutting landowners of any street, avenue, alley, lane or other public place petition to have the same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of the streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose

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of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for if a county is the owner the commissioner of roads and revenue of such county or a majority thereof if more than one is authorized to sign on behalf of the county, and where the City of Lula is the owner, the mayor of said city is authorized to sign for and in behalf of the said city. Computation of assessments. Section 65. If said mayor and council shall deem it fitting and proper, they may provided in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven percent per annum until paid. Installment payments. Section 66. The mayor and council of the City of Lula are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to be applied toward payment of cost of all or any portion of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes, or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provied for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under

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the general laws of the State of Georgia with reference to the issuance of bonds of municipalities and said mayor and council are authorized, empowered, and required to levy and collect a tax annually, in addition to all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bonds Section 67. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessments, together with interest to that upon the whole, shall be due and payable on the first day of September, next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinance. The owners of the property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days, to the treasurer of the City of Lula. Installment payments. Section 68. In the event the said mayor and council deem it fitting and proper and so provide the assessment

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ordinance for street improvements that the assessment against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 58, thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Liens. Section 69. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, lanes, alleys or other public places so improved, or reimproved shall be paid in ten equal installments, the said mayor and council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance, levying the said assessments, and of such denominations as the said mayor and council may determine, which bond or bonds shall in no event become a liability of the mayor and council or the City of Lula issuing the same. One tenth of the amount of any such series of bonds, with the interest upon the whole series date, shall be payable on the fifteen day of October next succeeding year until all shall be paid. Such bonds shall bear interest at rate not exceeding six percent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or parts of streets or other public places for the improvement of which they have been issue, and that they are payable solely from assessments which have been levied upon the lots and

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tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, in so far as said bonds will apply on such amount so due. Said bonds shall be registered by the clerk of the city in a book to be provided for that purpose, and certificates of registration by said clerk shall be endorsed upon each of said bonds. Street improvement bonds. Section 70. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving, or otherwise improvement of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 69 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the person owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Lula, who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of bonds. Record of payments. Section 71. In the event that the mayor and council provide in said assessment ordinance for the paving, repaving

Page 3210

paving or otherwise improvement of any streets, lanes, alleys or public places in said city that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 69 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Lula, who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of the clerk of said city not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to public in one issue of a weekly newspaper having a general circulation in said city, a notice advertising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest; and it shall be the duty of said treasurer promptly after the date of the maturity of such installments or assessments and interest and one or before the fifteenth day of October of each year, in case of a default of payment of any such installments or assessments with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or persons owning the same, for the amount of such assessment with interest and shall turn over the same to the marshal or chief of police of the City of Lula or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvements; and after advertisement and other

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proceedings as in the case of sales for city taxes the same shall be sold at public outery to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Executions. Section 72. If the said City of Lula has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving, or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the mayor and council may, by appropriate ordinance, direct the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such question. City's share. Section 73. Nothing herein contained shall be construed to prevent the mayor and councilmen of said city from proceeding under the provisions of Chapter 69-4, Sections 69-491-434, both and all inclusive, of the Code of Georgia 1933, referring to Street Improvement in municipalities having a population of 600 or more, in the event such provisions shall be adopted by said city, after an election duly held, approving the same, in accordance with the provisions of said Chapter 69-4 and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said act, any streets, and sidewalks in said City of Lula may be improved in accordance with the provisions outlined in said Chapter 69-4 and if said Act is approved by such election, the procedure outlined in the preceding sections of this charter for the improvements of streets shall be completely disregarded, and the provisions of said Chapter 69-4

Page 3212

of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvements of streets and sidewalks in said city. Code provisions. Section 74. The mayor and councilmen of said city shall have full power and authority to establish, construct, and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies, and the like in said city with full power to prescribe the location, structure, use and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said city, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence or that may be thereafter allowed. When any system of sewerage or drainage shall be constructed by the said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage, drainage, etc. Section 75. In case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right-of-way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, in damage shall be assessed as

Page 3213

in cases of property taken for opening, straightening or widening streets, under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Sewer easements. Section 76. Said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Sewerage, drainage, etc. Section 77. For the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Same. Section 78. Said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be lien on the lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constiute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots not residence lot subdivided. Sanitation assessments. Section 79. Jurisdiction of the mayor and councilmen

Page 3214

and the territorial limits of the City of Lula are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer, and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage, also, over the territory which may be hereinafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrest of persons violating the same, wherever found, within or without the limits of said city. Jurisdiction of city beyond limits. Section 80. The mayor and councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the city for the purpose of establishing and maintaining a waterworks system, or sewerage system, or any of them; provided, that if the rights to condemn herein granted be exercised, all proceedings shall be under the provisions of Section 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and the Acts amendatory thereof. Eminent domain Section 81. Said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, water closets, and the like in said city, with full

Page 3215

power to prescribe their location, structure, and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of water closets and urinals to be used in the corporate limits of said city, and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water closets and urinals on the premises of property owners with the sanitation system of the city, when such property is located or near streets where there are such sewers and under such regulations and rules as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any water closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections and assess the cost of said connections and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the corporate limits of said city, and to order the owner thereof to remove same, and if owner should fail to remove same after having been given reasonable notice so to do the mayor and councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is autorized to issue an execution for the expense of such removal, against such owner. Said mayor and councilmen may order the removal and disuse of any such outdoor toilet at any time, when in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well being of the inhabitants of said city. Sanitation Section 82. The mayor and councilmen of said city

Page 3216

may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated and the recommendation of such board to be carried out in a summary manner at the expense of the party whose acts or negligence cause such nuisance, or the party owning such property upon which same may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy the same as other executions are collected. Board of health. Section 83. Said mayor and councilmen shall have have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars to the level of the streets or alleys upon which said lots or cellars are located, that if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves, or to their agents, as the mayor and councilmen may elect, to comply with the requirements of said mayor and councilmen by draining or filling said lots of cellars, it shall be lawful for said mayor and councilmen to have this work performed and the amount expended in doing so collected by executions, and the sale under such executions shall pass the title to the property. Nuisances. Section 84. Said mayor and councilmen, may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Same.

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Section 85. The marshal and policemen of said city shall have full power and authority to enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; said mayor and councilmen may have full power and authority to abate as a nuisance any place in town when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and councilmen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 86. Said mayor and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Lula and to enlarge, change, or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that may seem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes, or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said

Page 3218

building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire protection. Section 87. Said mayor and councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the city. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the city. They shall have power and compel all persons to be vaccinated, whether they be permanent residents or sojourners, and may provide vaccination points and employ physicians, at the expense of the city to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Health regulations. Section 88. Said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper order. Churches, cemeteries. Section 89. The mayor and councilmen of said city, shall have the power to grant franchises, easements, and rights of way over, in, under and on the public streets, lanes, alleys, parks, and other property of said city, for gas and electrical and transportation systems and other public utilities. Franchises, easements. Section 90. Should any person violate any of the ordinances

Page 3219

of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Arrest of persons escaping from city's jurisdiction. Section 91. The mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of any business of any officer, or conduct of any officer, and said committee, or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of official conduct. Section 92. The mayor and councilmen shall have the power and authority to establish a fee-bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee-bill. Section 93. The mayor and councilmen shall provide for a city prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. They may contract with the proper authorities of Hall County for the use of the common jail of said county for this purpose. Prisoners. Section 94. Said mayor and councilmen shall have full power and authority to suppress lewdness and all

Page 3220

immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and to this end may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Immorality. Section 95. The mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three day's notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Houses of ill fame, etc. Section 96. All executions in favor of the City of Lula for the enforcement and collections of any fine, forfeiture, assessments, taxes or other claims, demand, or debt, shall be issued by the clerk and bear teste in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city, and shall state for what issued and may be returnable to the mayor and councilmen of the City of Lula, at least within ninety days after the issuing of the same; and it shall be the duty of the marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriff's sales of real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriff's sales and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax deed, plus

Page 3221

a premium of 10 percent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Lula, and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, embodied in Sections 92-8301 to 92-8413 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make to the City of Lula, a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem as above provided, and the marshal or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Lula. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriff's and constables to put purchaser in possession of property sold by them under the laws of this State. Executions. Sales. Section 97. Said mayor and councilmen shall by ordinance

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provide for the form of all accusations, affidavits and warrants to be issued in all trials for violations of the city ordinances and laws of this State, and the procedure in such trials, nothing in this section, shall operate to repeal the ordinances of the City of Lula, now in force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance, duly adopted by the said mayor and councilmen. Accusations, affidavits, etc. Section 98. Said mayor and councilmen of the City of Lula, by gift, purchase, lease or otherwise, grounds suitable for park or parks as in their judgement may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw the ordinary expense fund of said city for said purpose. Parks and playgrounds. Section 99. The mayor and councilmen of the City of Lula, shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council impedes or hinders travel and traffic in said city. If after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 100. The mayor and councilmen of the City

Page 3223

of Lula shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort, general welfare and security of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. General welfare powers. Section 101. Said mayor and councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells, or other contrivances, that may disturb the peace and comfort of the citizens and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles Section 102. The mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Loitering. Section 102a. In case the mayor and/or councilmen while in office shall be guilty of malpractice and wilful

Page 3224

neglect in office, or abuse of the power conferred on him, he shall be subject to be impeached by the city council, and on conviction shall be removed from office. Impeachment. Section 103. The mayor and councilmen of said city shall be authorized to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire protection. Section 104. The mayor and councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collecting of said tax, and authorizing the city marshal and policemen of said city to kill all dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dogs. Section 105. Said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building of any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such applications for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said city unless such building permit is first obtained prior to the erection of such building, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Buildings. Section 106. The mayor and councilmen of said City

Page 3225

of Lula shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for rights-of-way for any water supply, gas or sewer line, or sewerage disposal plant, for sites for the building or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department, water plant, gas works, or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq. Eminent domain. Section 107. The mayor and councilmen of the City of Lula shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit: for purchasing lands, building; erecting buildings; improving property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining waterworks, water system, and gas systems and services and electric light system; for laying watermains and sewers, paving, macadamizing, repairing and improving the public sidewalks, streets, lanes, alleys, crossings, and public places in said city; for fire protection, fire-fighting equipment and facilities and for any and all public uses and purposes that may be needed for said city, and for any lawful municipal purpose for the general welfare of the citizens of said municipality. Bonds. Section 108. Before any proceeding toward the issuing

Page 3226

of bonds for any of the purposes named in the preceding section, the mayor and councilmen shall prepare, or cause to be prepared by contract or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Same. Section 109. Before any bond of said city shall be issued for any of the purposes named in Section 107 of this charter, the mayor and councilmen of said city shall, by appropriation of resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, and the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject, and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the beforesaid purposes, as deemed expedient by said mayor and councilmen; provided, always that the limits of the total bonded indebtedness of said city as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by the said mayor and councilmen as hereinbefore provided, then and in such event of said city's mayor and councilmen shall, at any time before the time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the

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provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said mayor and councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the mayor and clerk of said city. Bond elections. Section 110. Whenever any bonds are issued by said city, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 110-A. The mayor and councilmen of said city shall have power and authority when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, not to exceed $5,000, as may be provided by special resolution or ordinances for that purpose. Temporary loans. Section 111. Said city, by and through its mayor and council shall have full power and authority to acquire, construct, re-construct, improve and extend revenue-producing projects and systems to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the service facilities and commodities furnished thereby, and in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Revenue-producing projects. Section 112. The mayor and council, in addition to having the authority to pass ordinances, shall also have the right to repeal, alter or amend any ordinance at any time after its passage. Ordinances.

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Section 113. The mayor and council of said city shall have the power and authority to sell any property belonging to said city and which shall become unnecessary and useless for said city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property, the following procedure shall be followed: Before any such property shall be sold, a resolution shall be passed and adopted by the mayor and council either in regular or special session, which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city and that the same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper in the county in which said property is located, in which sheriff's advertisements of that county appear. Such sale shall be at the place and during the hours of sheriff's sales in the county in which such property is located, and the procedure of such sales shall be the same as provided for sales of property by a sheriff. Sale of city property. Section 114. All matters not provided for in this charter shall be governed by the provisions of Title 69 of the Code of Georgia, 1933. Section 115. From and after the passage of this Act, the mayor and council, or either of them, elected by the vote of the people shall be subject to removal during their terms of office in the following manner: Whenever thirty percent in number of the registered voters residing in the City of Lula as disclosed by the registration sheets of the preceding city election shall so request in a petition filed in the office of the Clerk of the Superior Court of Hall County, Georgia, an election shall be called and held not less than twenty and not more than thirty days from the time of the filing of said petition on the subject only of the recall or non-recall of such official or officials. It shall be the duty of the clerk of the superior court to certify the names of such list and report to the Judge

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of the Superior Court of Hall County the number of registered voters thereon in said petition. The report shall be submitted to the said judge with the petition. When so reported with the petition, the judge shall order an election to be held under the same rules and regulations as govern regular city elections. In this election the ballot will be as follows: with the officer who it is sought to recall named in the blanks: For the recall of....., holding the office of...... Against the recall of....., holding the office of...... If a majority of the votes cast in said election are for recall of such officer or officers, his office shall be declared vacant at the moment such votes are canvassed by the judge and the result announced. The election managers shall make a return of the votes cast in said election within three days after the election, to the judge, and the judge shall examine their return and declare the result. If a majority of the votes cast be for the recall of the official or officials, such office or offices shall be deemed and shall be vacated at the time the result is so declared by the said judge as herein provided, and the vacancy immediately exists. Said judge shall call an election to fill said vacancy or vacancies within thirty days from the date said vacancy or vacancies are declared, which said election shall be under the same rules and regulations governing regular city elections; and at such election any official who has been recalled shall be eligible as a candidate for re-election and the person or persons elected shall hold office for the unexpired term. Recall. Section 116. The treasurer of the city shall annually publish a statement of receipts and disbursements made by him, in the official gazette of both Hall and Banks County, Georgia, not later than June 30 of each year, for the preceding year. Treasurer's statement. Section 117. All of the debts, bonds, contracts, obligations, liabilities and commitments of the Town of Lula and of the Town of Belton shall from the effective date of this Act be the debt, bond, contract, obligation, liability

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and commitment of the City of Lula, as fully and effectually as the same is or was before the effective date of this Act binding upon the Town of Lula and/or the Town of Belton, and the mayor and council of the City of Lula are empowered and it shall be their duty to levy and collect a tax upon the property within the City of Lula to discharge and pay said debts, bonds, contracts, obligations, liabilities and commitments. All property or properties and all assets of every nature belonging to the Town of Lula and/or the Town of Belton or any interest they or either of them may have in property of any nature, shall from the effective date of this act be the property of the City of Lula. Provided however, the City of Lula may charge any users of water or water and sewerage services in the area within prescribed or hereinafter enlarged for such services so rendered, nor shall this Act in any manner relieve the rights or obligations between the Town of Lula and the holder of any water revenue anticipation certificates now outstanding, except that the City of Lula, as now constituted shall be responsible for the performance of all the duties and acts and obligations which before this Act devolved upon the Town of Lula, as herein prescribed. Existing debts, obligations, etc. Section 118. All ordinances heretofore adopted by the mayor and councilmen of the Town of Lula, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of he United States, shall remain in full force and effect, provided, that said mayor and council of the City of Lula may at any time repeal, alter or amend any of said ordinances. Existing, ordinances. Section 119. The situs for any action against or on behalf of the City of Lula shall be Hall County, Georgia. Section 120. All Acts of the General Assembly of Georgia, heretofore passed, incorporating the Town of Lula (Acts of 1905, p. 970) as amended (Acts 1917 p. 737) and the Acts incorporating the Town of Belton

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(Acts of 1884, p. 155; Acts of 1878-9, p. 266) as amended (Acts of 1876 p. 158; Acts of 1887 p. 547; Acts of 1939, p. 900) and all provisions therein which are inconsistent with this Act are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 121. In the event any article, section, paragraph or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted to the City of Lula any powers or authorities in excess of any such permitted by the Constitution and laws of the State of Georgia or the United States, then such powers or authorities given shall be construed to extend just so far as possible, as not to exceed the said authority of the General Assembly. Section 122. Upon and after the effective date of this Act, it shall be unlawful for any individual, person, partnership, or privately owned corporation, or association to place or install water pipes, or pipes to be used for carrying water across, upon, over or under any of the public streets, alleys, and/or thoroughfares of the City of Lula, and no person, partnership, firm, organization, association or corporation shall within the City of Lula sell, furnish, dispense or deliver or pipe water to another for a consideration or fee or for anything of value without first obtaining a written permit from the mayor and council of the City of Lula to do so, and in no event shall they do any of the aforestate acts, nor shall a permit be granted to them by the mayor and council of the City of Lula to do so, unless and until they shall first furnish to the mayor and council of the City of Lula a certificate from the Board of Health of the State of Georgia that the water so sold or to be sold, furnished, disposed of, delivered and/or piped has been tested and found to be

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fit and safe for human consumption and meets the State of Georgia health requirements and regulations, and also that a chlorinator, approved by the State Board of Health has been installed and is being properly used and maintained to treat all such water so sold, furnished, disposed of, and delivered and piped as aforesaid, and any permit so issued shall be revoked unless at least each 30 days the holder of such permit shall furnish to the mayor and council of the City of Lula a certificate from the State Board of Health that water from the supply from which such water is sold, furnished, disposed of, delivered and/or piped has been tested in the State laboratories and found to be healthy and to meet the requirements of the State Board of Health. No permit shall be for more than one year, and an application for renewal shall be made annually, and no permit shall be granted unless all business licenses as fixed by the mayor and council of the City of Lula have been paid by the applicant and/or holder of such permit, and if such business license taxes are not paid when due, the mayor and council of the City of Lula may revoke any outstanding permit or refuse to grant a new one or refuse to renew an old one. Be it further enacted that any person, individual, partnership, corporation, or association who shall violate any of the provisions of this section, shall upon conviction be punished as for a misdemeanor. Water. Section 123. This Act shall not become effective unless approved by the people of the Town of Lula and the Town of Belton in a referendum election held in each of said towns for such purpose. The mayor and council of the Town of Lula and the mayor and council of the Town of Belton shall issue the call for an election to be held in each of said towns, for the purpose of submitting this Act to the voters of each of said towns for approval or rejection. The elections shall be held separately as to the Town of Lula and the Town of Belton. The date of the election shall be set for a day in the fourth week in March 1956. The date and purpose of the election shall be published once a week for two weeks immediately preceding the date thereof in the official organ of

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both Hall County and Banks County, Georgia. The ballot shall have printed thereon the words: For repeal of present municipal charter and for approval of new charter for City of Lula, and the words Against repeal of present municipal charter and against approval of new charter for City of Lula. Referendums. Those voting in favor of the repeal of the present municipal charter in the town in which the voter is casting his ballot, and in favor of this Act shall have printed or written on their ballots For repeal of present municipal charter and for approval of new charter for City of Lula, and those opposing the repeal of the present municipal charter in the town in which the voter is casting his ballot, and opposes this Act, shall have printed or written on their ballots Against repeal of present municipal charter and against approval of new charter for the City of Lula. The conduct of such elections shall be under the same rules and regulations covering the elections of officers of such municipality wherein said election is held. The result of the elections shall be declared by the rules and regulations governing elections in the municipalities where such elections are held. If a majority of those voting in such election in each of the towns, the Town of Lula and the Town of Belton, vote for the repeal of their present charter and for approval of a new charter for the City of Lula, then this Act shall become of full force and effect. If a majority of such voters in each of said towns or either of them vote against the repeal of their present charter and against the approval of the new charter for the City of Lula, then this Act shall be void and of no force and effect. It shall be the duty of the mayor and council of each of the municipalities concerned, the Town of Lula and the Town of Belton to canvass the returns of said elections, declare the result thereof by proper resolutions

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and certify the results to the Secretary of State of Georgia. Section 124. All laws and parts of laws in conflict with this Act are hereby repealed. Section 125. A copy of the notice of the intention to apply for this local legislation and affidavit that said notice has been published as required by law are attached hereto and made a part of this Act; and it is hereby declared by the authority aforesaid that all requirements of the Constitution relating to the notice of intention to apply for local legislation have been complied with for the enactment of this law. To whom it may concern: We, the undersigned members of the General Assembly of Georgia from Hall and Banks Counties, Georgia intend to introduce into the General Assembly of Georgia at the January 1956 session thereof, a bill to consolidate and merge the municipalities of the Town of Lula and the Town of Belton, located in Hall and Banks Counties, Georgia, and to provide for a new charter for the municipality as consolidated and for the assumption and payment of the obligations and indebtedness of each of said municipalities by the municipality as consolidated and for other purposes incidental to the Government of said municipality as consolidated. Howard T. Overby, Senator from 33rd Senatorial District. W. B. Gunter, W. M. Williams, Representatives from Hall County, Georgia. Tom Martin, Representative from Banks County, Georgia.

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State of Georgia, County of Hall. Before the undersigned officer duly authorized to administer oaths personally appeared William B. Gunter and W. M. Williams, Representatives in the General Assembly of Georgia from Hall County, Georgia and Tom Martin, Representative in the General Assembly of Georgia from Banks County, Georgia, who after having been duly sworn deposes and says under oath that the attached and foregoing notice of local legislation was published in the Gainesville Morning News, the official organ of Hall County, Georgia and the newspaper in which sheriff's advertisements are published once a week for three weeks during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georgia and that the same notice was published in the Banks County Journal, the official organ for Banks County, Georgia, and the newspaper in which sheriff's advertisements for Banks County are published once a week for three weeks during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponents who are the authors of said bill for the purpose of showing compliance with the Constitution and the Laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of being attached to said bill. /s/ Wm. B. Gunter /s/ W. M. Williams /s/ Tom Martin. Sworn to and subscribed before me, this January 23rd, 1956. /s/ Paul McKelvey Notary Public, Polk County, Georgia.

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COMPENSATION TO RALPH CLEVELAND. No. 73 (House Resolution No. 56-163e). A Resolution. To compensate Ralph Cleveland; and for other purposes. Whereas, on May 13, 1955, Mr. W. T. Roberts was driving a motor vehicle belonging to Mr. Ralph Cleveland on State Route #249 in Lumpkin County, and Whereas, a truck belonging to the State Highway Department and driven by Wade Boggs improperly started off from a parked position just as Mr. Roberts started to pass it, causing the automobile of Mr. Cleveland to strike the bumper of the Highway Department truck, and causing considerable damage thereto, and Whereas, the accident happened through no fault or negligence whatsoever on the part of the driver of Mr. Cleveland's car, and it is only just and proper that he be compensated for the expenses incurred as a result thereof, Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department of Georgia is hereby authorized and directed to pay the sum of $228.77 to Mr. Ralph Cleveland, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved March 9, 1956.

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DEKALB COUNTY COMMISSIONERS. No. 361 (House Bill No. 124). An Act to amend, revise, supersede, and consolidate the laws pertaining to the governing authority of DeKalb County, Georgia; to create a Chairman and Board of Commissioners of Roads and Revenues for DeKalb County, Georgia, and prescribe their qualifications, terms of office, compensation, manner of election, powers, duties, and responsibilities; to provide for dividing said county into commissioners districts; to provide for the recall of such officers and the procedure for recall; to provide for the internal organization and functioning of officials, employees, and departments subordinate to the chairman and board of commissioners of roads and revenues; to provide for the management of financial affairs and the keeping and auditing of fiscal records of said county; to provide a system of budgets and allotments for the expenditure of county funds; to restrict the interest of candidates for, and holders of such offices in trading with said county; to provide for the holding of a referendum upon the question of ratification of this Act and upon the question of whether the present commissioner of roads and revenues shall serve as chairman of the board of commissioners of roads and revenues herein created for a period equal to the unexpired term of the office to which he was elected; to provide an effective date for this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Article I. Governing Authority Established. Section 1. Chairman and Board of Commissioners created. There is hereby created in and for the County of DeKalb a Chairman and Board of Commissioners of Roads and Revenues to be elected and organized as hereinafter set forth, which chairman and board of commissioners shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities

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herein vested in and imposed upon said officers. The term chairman or commission chairman whereever employed herein shall mean the chairman of the board of commissioners of roads and revenues, and the term commission shall mean the board of commissioners of roads and revenues, including the chairman and all members. Section 2. (A). Commissioner Districts. The commission established herein shall consist of four members in addition to the chairman. All such members shall be elected by the qualified voters of the entire county, but each candidate for membership on the commission shall be a resident of the commissioner district, hereinafter created, which he offers to represent, and no two members of the commission, excluding the chairman, shall reside in the same commissioner district. The chairman may be a resident of any commissioner district within the county. In all elections held pursuant to this Act, each candidate shall designate the post for which he offers, and the candidate receiving the largest number of votes for any particular post shall be declared elected to such post. For the purpose of the election of commission members, DeKalb County is hereby divided into four commissioner districts to be constituted and designated as follows: Commissioner District Number One shall be all that tract or parcel of land situated in the north part of DeKalb County, and being more particularly described as beginning at the furthermost northwest point of the DeKalb County line and proceeding due south along this county line to the intersection of said county line with Seaboard Air Line Railway; thence easterly along said railroad to the intersection of the Seaboard Air Line Railroad with the south prong of Peachtree Creek; thence easterly along said creek to the intersection of the south prong of Peachtree Creek with Fellowship Road; thence east along Fellowship Road to the intersection of said road with Tucker-Stone Mountain Road; thence north along Tucker-Stone Mountain Road to the intersection of

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said road with Rosser Road; thence east along Rosser Road to the intersection of said road with Old Rosser Road; thence east on Old Rosser Road to the intersection of said road with the DeKalb County line; thence northerly and westerly along the DeKalb County line to the point of beginning. Commissioner District Number Two shall be all that tract or parcel of land situated in the southwest part of DeKalb County, and being more particularly described as beginning at a point on the DeKalb County line at the intersection of said county line with the Seaboard Air Line Railroad and proceeding due south along said county line to the furthermost southwest corner of said county line; thence east along said county line to the intersection of the DeKalb County line with Panthersville Road; thence northerly along Panthersville Road to the intersection of said road with South River; thence west along South River to the intersection of said river with Dolittle Creek; thence northerly along Dolittle Creek and the east prong of Dolittle Creek to the intersection of said creek and prong with Glenwood Road; thence east along Glenwood Road to the intersection of said road with Candler Road; thence northerly along Candler Road to the intersection of said road with Pharr Road; thence westerly along Pharr Road to the intersection of said road with Fayetteville Road; thence south along Fayetteville Road to the intersection of said road with Gordon Street; thence west along Gordon Street to the intersection of said street with Second Avenue; thence north along Second Avenue to the intersection of said avenue with East Lake Drive; thence northwesterly along East Lake Drive to the intersection of said drive with the Seaboard Air Line Railroad; thence northerly along the Seaboard Air Line Railroad to the intersection of said railroad with the south Prong of Peachtree Creek; thence westerly along the south prong of Peachtree Creek to the intersection of said prong with the Seaboard Air Line Railway; thence westerly along the Seaboard Air Line Railway to the point of beginning. Commissioner District Number Three shall be all that

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tract or parcel of land situated in the central south part of DeKalb County, and being more particularly described as beginning at a point on the south prong of Peachtree Creek at the intersection of said creek with the Seaboard Air Line Railroad and continuing south along the Seaboard Air Line Railroad to the intersection of said railroad with East Lake Drive; thence southeasterly along East Lake Drive to the intersection of said drive with Second Avenue; thence south along Second Avenue to the intersection of said avenue with Gordon Street; thence east along Gordon Street to the intersection of said street with Fayetteville Road; thence north along Fayetteville Road to the intersection of said road with Pharr Road; thence easterly along Pharr Road to the intersection of said road with Candler Road; thence southerly along Candler Road to the intersection of said road with Glenwood Avenue; thence west along Glenwood Avenue to the intersection of said avenue with the east prong of Dolittle Creek; thence southerly along the east prong of Dolittle Creek and the main body of Dolittle Creek to the intersection of said prong and creek with South River; thence east along South River to the intersection of said river with Panthersville Road; thence southerly along Panthersville Road to the intersection of said road with the DeKalb County line; thence east, south, east, north, and east along the DeKalb County line to the intersection of said county line with Lombard Road; thence north along Lombard Road to the intersection of said road with Corn Creek; thence easterly along Corn Creek to the intersection of said creek with South River; thence northwesterly along South River to the intersection of said river with Snapfinger Creek; thence northerly along Snapfinger Creek to the intersection of said creek with Brown's Mill Road; thence northwesterly along Brown's Mill Road to the intersection of Decatur-Flat Shoals Road and Wesley Chapel Road; thence northwesterly along Decatur-Flat Shoals Road to the intersection of said road with Cobb Creek; thence northwesterly along Cobb Creek to the intersection of said creek with Peachcrest Road; thence northwesterly along Peachcrest Road to the intersection of said road with Midway Road; thence north

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along Midway Road to the intersection of said road with the Covington Highway; thence northwesterly along the Covington Highway to the intersection of said highway with Rockbridge Road; thence northeasterly along Rockbridge Road to the intersection of said road with Farrar Place; thence along Farrar Place to the intersection of said place with the Georgia Railroad main line; thence along the Georgia Railroad main line, in a southerly direction, to the intersection of said railroad main line with a Georgia Railroad spur line; thence northerly along the Georgia Railroad spur line to the intersection of said spur line with East Ponce de Leon Avenue; thence southerly along East Ponce de Leon Avenue to the intersection of said avenue with DeKalb Industrial Way; thence northerly along DeKalb Industrial Way to the intersection of said way with Lawrenceville Road; thence northeasterly along Lawrenceville Road to the intersection of said road with the south prong of Peachtree Creek; thence westerly along the south prong of Peachtree Creek to the point of beginning. Commissioner District Number Four shall be all that tract or parcel of land situated in the southeast part of DeKalb County, and being more particularly described as beginning at a point on the south prong of Peachtree Creek at the intersection of said creek with Lawrenceville Road and proceeding southerly along Lawrenceville Road to the intersection of said road with DeKalb Industrial Way; thence southerly along DeKalb Industrial Way to the intersection of said way with East Ponce de Leon Avenue; thence northeasterly along East Ponce de Leon Avenue to the intersection of said avenue with a Georgia Railroad spur line; thence southerly along the Georgia Railroad spur line to the intersection of said spur line with the Georgia Railroad main line; thence northeasterly along the Georgia Railroad main line to the intersection of said main line with Farrar Place; thence south along Farrar Place to the intersection of said place with Rockbridge Road; thence southwesterly along Rockbridge Road to the intersection of said road with Covington Highway; thence southeasterly along

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Covington Highway to the intersection of said highway with Midway Road; thence south along Midway Road to the intersection of said road with Peachcrest Road; thence southerly along Peachcrest Road to the intersection of said road with Cobb Creek; thence southerly along Cobb Creek to the intersection of said creek with Decatur-Flat Shoals Road; thence southerly along Decatur-Flat Shoals Road to the intersection of said road with Wesley Chapel and Brown's Mill Roads; thence southerly along Brown's Mill Road to the intersection of said road with Snapfinger Creek; thence southerly along Snapfinger Creek to the intersection of said creek with South River; thence southeasterly along South River to the intersection of said river with Corn Creek; thence southwesterly along Corn Creek to the intersection of said creek with Lombard Road; thence south along Lombard Road to the intersection of said road with the DeKalb County line; thence east, southeasterly, northeasterly, and northwesterly along the DeKalb County line to the intersection of said county line with Old Rosser Road; thence westerly along Old Rosser Road to the intersection of said road with Rosser Road; thence westerly along Rosser Road to the intersection of said road with Tucker-Stone Mountain Road; thence south along Tucker-Stone Mountain Road to the intersection of said road with Fellowship Road; thence west along Fellowship Road to the intersection of said road with the south prong of Peachtree Creek; thence westerly along the south prong of Peachtree Creek to the point of beginning. Where streets, roads, drives, places, avenues, ways, creeks, rivers and railroads are designated as boundaries of commissioner districts, the center line thereof shall mark the boundary lines. (B). Qualifications of chairman. The chairman shall be a citizen of this State who has attained the age of thirty years and who has been a resident of DeKalb County for not less than five years next preceding his election, and shall hold no other elective public office. (C). Qualifications of commission members. Members

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of the commission, other than the chairman, shall be citizens of this State who have attained the age of twenty-five years and who have been residents of their respective commissioner district for not less than two years preceding their election, and shall hold no other elective public office. Section 3. Election and term of commission members. The first members of the commission created herein to represent commissioner districts shall be elected for staggered terms at the general election held for members of the General Assembly in 1956, and their terms shall commence on January 1, 1957. The commission members so elected to represent Commissioner Districts Number One and Number Four shall serve for terms of four years each and until their respective successors are elected and qualified. The commission members so elected to represent Commissioner Districts Number Two and Number Three shall serve for terms of two years each and until their respective successors are elected and qualified. All members elected in subsequent elections after the general election of 1956, other than elections to fill vacancies for unexpired terms, shall serve for terms of four years each and until their respective successors are elected and qualified, so that two of the commission members shall be elected at the general election held every two years. Section 4. Election and term of chairman. The first chairman of the board of commissioners of roads and revenues created herein shall be elected in accordance with the provisions hereinafter set forth in Section 27 of this Act, and shall serve for the term provided in said section. His successor and all subsequent chairmen shall be elected at the same time as other members of the commission and shall serve for terms of four years each and until their respective successors are elected and qualified. Section 5. Election returns; vacancies. In all elections for chairman or member of the commission held pursuant to this Act, the returns shall be canvassed and

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the results of same certified as provided by law for elections for members of the General Assembly, and the persons so certified shall be declared and deemed to be elected to such offices. In the event of a vacancy in the office of chairman or a member of the commission whose unexpired term exceeds 180 days, it shall be the duty of the ordinary to call a special election for the filling of such vacancy, which election shall be governed by the general laws of force in this State in regard to special elections for the filling of vacancies. In the event such unexpired term does not exceed 180 days, it shall be the duty of the ordinary to fill the vacancy by appointment. Section 6. Recall of chairman or commission member. The chairman or any member of the commission shall be subject to a recall election at any time after nine months of his term has expired. The petition for any such recall election must be signed by not less than fifteen (15%) percent of the qualified registered voters of said county and shall be filed in the office of the ordinary of said county. No such petition shall be filed with the ordinary, however, unless there is attached thereto a certificate executed by the registrar or deputy registrar having charge of voters' registration cards in DeKalb County certifying that the names appearing on said petition have been verified by comparison with the list of qualified, registered voters maintained by him, and that the names appearing thereon constitute not less than fifteen (15%) percent of such voters. Such certificate shall be furnished by said registrar or deputy registrar within thirty (30) days from the date such petition is presented to him for certification. When such certified petition has been so filed with the ordinary, it shall be his duty to call an election to be held not more than thirty days from the date of filing of such petition with him, and to fix the date thereof, and cause notice thereof to be published in the county gazette at least twice before each such election. The ballots or voting machines employed in such election shall state the name of the officer whose recall has been petition, the office which he holds, and the dates of the beginning and termination of his official

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term, and shall be prepared so as to enable voters in such election to vote For recall of the above named officer or Against recall of the above named officer. The ordinary shall forthwith publish the results of such election, and if a majority of those voting in such election have voted in favor of recall, the office in question shall be vacated from the date of such publication, and the officer so recalled shall not be eligible to election or appointment to the unexpired term. If a majority of those voting in such election vote against recall, the official shall retain his office. Vacancies created by a recall election shall be filled in the same manner as herein provided for the filling of other vacancies. If in the opinion of the ordinary it is practicable to do so, said election may be held in accordance with the Act approved March 28, 1947, (Ga. L. 1947, p. 1203) by the use of voting machines. No officer subject to the provisions of this section shall be subject to more than one recall election during a term of office. Section 7. Oath and bond. Before entering upon the discharge of their duties, the chairman and members of the commission shall subscribe an oath before the ordinary 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 chairman shall further give a satisfactory surety bond to be judged by the ordinary of the county and payable to the ordinary or his successor in office and filed in the office of the ordinary, in the sum of fifty thousand ($50,000.00) dollars, conditioned upon the faithful performance of the duties of the office. Each member of the board shall give like bond in the sum of ten thousand ($10,000.00) dollars. The costs of said bonds shall be paid out of the county treasury. Section 8. Compensation. Members of the commission herein created, other than the chairman, shall be paid as their entire compensation for services as same the sum of two hundred fifty ($250.00) dollars each per month to be paid out of the county treasury upon warrants

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drawn upon the county treasury. The chairman shall receive as his entire compensation the sum of fifteen thousand ($15,000.00) dollars per annum, which shall be paid in equal monthly amounts. Ten thousand ($10,000.00) dollars of said salary shall be paid out of the county treasury upon warrants drawn upon the county treasury as other warrants are drawn; one thousand ($1,000.00) dollars of said salary shall be paid from the receipts of the DeKalb County sewer system and shall constitute an administrative expense of said system; and four thousand ($4,000.00) dollars of said salary shall be paid from the receipts of the DeKalb County waterworks system and such sums shall constitute an administrative expense of said system. The salary so fixed shall constitute the entire compensation to which said chairman shall be entitled either as such chairman or as the administrator of the DeKalb County waterworks system. Section 9. Vice-chairman. At the first regular meeting in January of each year, the commission shall elect from its members, a vice-chairman. In the event of death, dis-qualification or resignation of the chairman he shall perform the duties and authority of the chairman until a new chairman is chosen as herein provided. The vice-chairman shall preside at commission meetings in the absence of the chairman, and shall serve for the current calendar year. In the event of a vacancy in the office of vice-chariman, the commission shall elect a new vice-chairman to serve for the remainder of the calendar year. Section 10. Meetings. The board of commissioners shall hold regular meetings on the second and fourth Tuesdays of each month at 2:00 o'clock P. M. at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any three members of the commission, provided all members shall have been notified at least three days in advance of such special meeting. No official action shall be taken by the commission except in a meeting which is open to the public. The chairman and any two members of the commission,

Page 3247

or any three members of the commission exclusive of the chairman, shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least three members of the commission, or two members and the chairman. The chairman shall be entitled to the same voting rights as other commission members on questions considered by the commission. Article II. Jurisdiction and Powers of Governing Authority. Section 11. The chairman. The chairman shall be the chief executive officer of the county government, and shall generally supervise, direct, and control the administration to the affairs of the county pursuant to the powers herein conferred upon him and pursuant to the adopted resolutions of the commission in regard to matters reserved to the exclusive jurisdiction of the commission. The chairman shall preside over meetings of the commission. Section 12. The commission. The commission 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, which policies, rules and regulations, when so adopted, with proper entry thereof made on the commission minutes, shall be conclusive and binding on the chairman. The policies, rules and regulations so adopted by the commission shall be carried out, executed and enforced by the chairman as chief executive officer of the county, and the commission shall exercise only those administrative powers which are necessarily and properly incident to its function as a policy-making or rule-making body or which are necessary to compel enforcement of its adopted resolutions. Any action taken by said chairman which is in conflict with such adopted resolutions and which deals with matters exclusively reserved to the jurisdiction of the commission shall be null,

Page 3248

void and of no effect. The following powers are hereby vested in the Commission and reserved to its exclusive jurisdiction: (a) To levy taxes. (b) To make appropriations. (c) To fix the rates of all other charges. (d) To authorize the incurring of indebtedness. (e) To order work done where the cost is to be assessed against benefited property, and to fix the basis for such assessment. (f) To authorize contracts, except contracts of employment, involving the expenditure of county funds in excess of $5,000.00. (g) To establish, alter, or abolish public roads, private ways, bridges and ferries, according to law, provided, however, that the chairman shall have the authority to accept subdivision plats when the requirements established by the commission for subdivisions have been met. (h) To establish, abolish, or change election precincts and militia districts according to law. (i) To allow the insolvent lists for the county. (j) To accept, for the county, the provisions of any optional statute where the statute permits its acceptance by the governing authority of the county, or by the commissioner or board of commissioners of the county. (k) To exercise, all powers, duty and authority heretofore imposed upon the vested in the Commissioner of Roads and Revenues of DeKalb County in respect to zoning and planning.

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(l) To create and change the boundaries of special taxing districts authorized by law. (m) To fix the bonds of county officers where same are not fixed by statute. (n) To enact any ordinances or other legislation the county may be given authority to enact. (o) To determine the priority of capital improvements. (p) To call elections for the voting of bonds. (q) To exercise all of the power and authority heretofore vested by law in the ordinary when sitting for county purposes, and delegated by law to the Commissioner of Roads and Revenues of DeKalb County, together with all power and authority which may hereafter be delegated by law to the governing authority of the county, by whatever name designated. Section 13. Reports of officers. The commission shall be empowered to require of all county officers reports on the general or specific conduct of the financial affairs of their respective offices. Section 14. Appointment of county officials and employees. The chairman shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions and in accordance with civil service and merit system laws of DeKalb County which may now be in force or subsequently adopted, all employees and officials of the county, except as to: (a) boards or positions created by State statute, and (b) elected officers and their employees. Such appointment and/or removal shall be subject to approval by the board of commissioners in the case of the director of finance and the county attorney. Section 15. Appointments to statutory positions. The

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appointment and removal of, and the compensation to be paid to, persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the chairman, subject to the approval of the board of commissioners, within budgetary provisions. Article III. Internal Organization of County Government. Section 16. Executive assistant to chairman. The chairman shall appoint, without requirement of approval by the commission, an executive assistant to the chairman, fix his compensation within budgetary provisions, and assign his duties. Said executive assistant shall, in general, exercise such routine duties of the chairman as shall be delegated to him by the chairman. The executive assistant shall have successfully completed formal training in business administration, engineering or public administration and have had at least two years' experience in one or more of the three fields. The executive assistant shall serve at the pleasure of the chairman, who shall be authorized and empowered from time to time to increase, diminish, alter or modify the duties and compensation of the executive assistant, according to his own discretion, within the budgetary provisions. Section 17. Departments. The internal organization of the county government hereby established subordinate to and as administrative instrumentalities of the chairman and commission shall be divided into the following departments. 1. Finance. 2. Water. 3. Public works. 4. Public safety. 5. Fire. 6. Parks and recreation.

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7. Law. 8. Buildings and inspections. 9. Sewer. 10. Zoning and planning. Additional departments may be created, or any two or more departments may be consolidated, from time to time by a majority of the commission, except that the department of finance shall be maintained at all times as a separate and distinct department. Article IV. Fiscal Affairs and Records. Section 18. Department of finance. The department of finance shall be under the control and supervision of the director of finance, who shall be appointed as provided in Section 14 of this Act. The department of finance shall, pursuant to the resolutions adopted by the commission and instructions given by the chairman, perform the following functions: (1) Keep and maintain accurate records reflecting the financial affairs of the county. (2) Compile the annual budget covering all county funds. (3) Make quarterly allotments of monies appropriated and budgeted to each department, office or agency of the county entitled to receive same. (4) Maintain current control accounts over the collection and deposit of monies due the county from taxes and other sources. (5) Examine all claims against the county and make recommendation as to payment. (6) Maintain budgetary control accounts showing encumbrances for obligations entered into, liquidation of

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such encumbrances, unencumbered balances of allotments, unexpended balances of allotments, and unallotted balances of appropriations. (7) Maintain proprietary accounts of the current assets and of the liabilities of all county funds. (8) Prepare and issue quarterly financial reports of the operations of all county funds. (9) Establish rules and regulate purchasing service for all County departments, offices and agencies. Formal, sealed bids, after advertising for same, must be obtained on all purchases exceeding five hundred ($500.00) dollars. (10) Maintain property control records of all county property, including equipment and stores, and supervise stores. (11) Plan and prepare for meeting the financial needs of the county, project financial requirements, recommend means of financing those requirements and advise the chairman and commission on financial matters. (12) Perform such other duties as may be assigned by the chairman and/or commission. Section 19. Records: minutes. The director of finance shall be ex officio clerk of the chairman and commission, and shall keep a proper and accurate book of minutes wherein shall appear all the acts, orders and proceedings of the commission, in chronological order, and a similar book of minutes wherein shall appear, in chronological order, all acts, orders and proceedings of the chairman. The minute books of the chairman and commission shall be open to public inspection at all times during the regular office hours, and certified copies of any entries therein shall be furnished by the said clerk to any person requesting same upon payment of a reasonable fee, to be paid into the county treasury as other funds, to be assessed

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by the commission in an amount sufficient to defray the cost of preparing same. Section 20. Budget and appropriations. The chairman shall submit annually to the commission, not later than December 1st, a proposed budget governing expenditures of all county funds, including capital outlay and public works projects, for the following year. The commission shall thereafter hold a public hearing on the budget, giving notice thereof at least ten (10) days in advance by publication of such notice and of the proposed budget in the official organ of DeKalb County and by posting same at the courthouse door. The budget shall then be reviewed and adopted or amended by the commission at the first regular meeting in February of the year to which it applies, which budget, when so adopted or amended by the commission, shall constitute the commission's appropriation of all funds for such year. The budget so adopted may be revised during the year only by formal action of the commission in a regular meeting and no increase shall be made therein without provision also being made for financing same. The proposed budget submitted by the chairman shall be accompanied by a report containing information and data relating to the financial affairs of the county pertinent to arriving at and establishing the annual budget. A copy of the budget and of each revision or amendment to same shall be transmitted by the chairman to the grand jury of the Superior Court of DeKalb County within ten days from the time such budget or amendment thereof is adopted by the commission. Section 21. Expenditures by allotments. No expenditure of county funds shall be made except in accordance with the county budget, or amendments thereto, adopted by commission. The chairman shall enforce compliance with this provision by all departments of county government, including those for elected officers, and to this end shall, through the director and department of finance, institute a system of quarterly allotments of all monies appropriated and budgeted. Section 22. Audits. The commission shall on or before

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January 31st annually 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 ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the commission at least quarterly. Each quarterly and annual report submitted to the commission shall be filed with the department of finance and be made available to public inspection as other records in such office. The commission shall cause to be published in the official organ of DeKalb 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 DeKalb County a copy of each quarterly and annual report furnished by him to the commission. Article V. Miscellaneous Provisions. Section 23. Agreement of candidates. It shall be unlawful for any candidate, either for the office of chairman or member of the commission, or for nomination to either of such offices, to enter into any agreement or understanding with any person as to the disposal of any work or appointment which is or shall be under the control of the chairman and commission, and any person so offending shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed in the Code of Georgia. Section 24. Officials not to be interested in contracts. Neither the chairman nor any member of the commission or other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contract to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant or employee of a firm of which

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he is a member or by whom he is employed purchase from or sell to the county any real or personal property, goods, or services. Any contract made in violation of any of the foregoing provisions shall be void, and the officer so offending shall be removed from office upon proper proceedings instituted by any taxpayer in said county in accordance with the provisions of Section 23-1714 of the Code of Georgia of 1933. Provided, however, that the provisions of this section shall not be applicable to any contract which has been approved, prior to execution, performance and payment thereon, by a majority of the commission by a proper entry on the minutes of the commission. Section 25. Effective date. This Act, when approved and ratified by the voters of DeKalb County in the referendum provided for in Section 26 of this Act, shall become effective on and after January 1, 1957, except that the provisions herein contained authorizing election in 1956 of officers whose terms commence on January 1, 1957, shall become effective upon approval of this Act in said referendum. Section 26. Referendum election on Act. This Act shall become effective as provided in the preceding Section 25 hereof only after the same shall have been ratified and approved by the qualified voters of DeKalb County at a special election to be held for that purpose on May 16th, 1956. At said election the qualification of voters shall be the same as now fixed by law for the qualifications of voters at special elections called to fill a vacancy occurring in a county office and shall be held under all laws of this State applicable to special elections. Ballots shall be submitted to the voters at said election which shall have printed thereon the words: For ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for DeKalb County, Georgia, and for abolishing the one-man commissioner form of government, and Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for DeKalb

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County, Georgia, and against abolishing the one-man commissioner form of government. The ballot shall be prepared so that the voter may enter a check or crossmark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote For ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for DeKalb County, Georgia, and for abolishing the one-man commissioner form of government this Act shall become effective as provided herein, and the Ordinary of DeKalb County shall so declare and certify same to the Secretary of State as required by law. If a majority of those voting in said election shall vote Against ratification of the Act of the General Assembly of Georgia creating the multiple commission form of government for DeKalb County, Georgia, and against abolishing the one-man commissioner form of government this Act shall be null, void and of no effect, and the Ordinary of DeKalb County shall so declare and certify the same to the Secretary of State as required by law. Section 27. Referendum election on term of chairman. In addition to the ballot submitted in accordance with the foregoing Section 26 of this Act a ballot shall be submitted to the voters at said election and shall have printed thereon the words: For Commissioner Wheat Williams to serve as commission chairman January 1, 1957 to January 1, 1959 and For the election of a commission chairman to serve a four year term beginning January 1, 1957. The ballot shall be prepared so that the voter may enter a check or cross-mark in a bracket appearing on said ballot opposite each of the foregoing statements to indicate his or her choice. If a majority of those voting at said election shall vote For Commissioner Wheat Williams to serve as commission chairman January 1, 1957 to January 1, 1959, said Wheat Williams, presently the duly elected, qualified and acting Commissioner of Roads and Revenues of DeKalb County for a term ending January 1, 1959, shall be the first chairman of the board of commissioners of roads and revenues herein created and

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shall serve for a term of two years beginning January 1, 1957, and until his successor is elected and qualified, and shall not be required to stand for election to such office. His successor shall be elected at the general election to be held for members of the General Assembly in 1958, and shall serve for a term of four years and until his successor is elected and qualified, as provided in Section 4 of this Act. If a majority of those voting in said election shall vote For the election of a commission chairman to serve a four year term beginning January 1, 1957, the first chairman of the board of commissioners of roads and revenues herein created shall be elected at the general election in 1956 at the same time as the other members of the commission and shall serve for a term of four years and until his successor is elected and qualified, as provided in Section 4 of this Act, and the term of Wheat Williams as sole Commissioner of Roads and Revenues for DeKalb County shall expire upon the qualification of the chairman so elected. Provided that nothing herein shall be construed to prohibit or restrict the said Wheat Williams from qualifying and offering for election and serving, if elected, as chairman of the board of commissioners of roads and revenues herein created for a full term of four years as any other candidate elected under the provisions of this paragraph. Provided, further, that should the foregoing provisions of this section be declared unconstitutional or invalid by court decision, for any cause or reason, then such decision shall not affect any other section, part, paragraph or clause of this Act; and should a vacancy in the office of chairman of the commission occur or vacancy be declared by reason of such decision, then a chairman of the commission shall be elected in accordance with the provisions of Section 5 of this Act providing for the manner of filling vacancies. Section 28. Use of voting machines. If, in the opinion of the Ordinary of DeKalb County it is practicable to

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hold any election, whether the same be a referendum, special or general election, provided for by this Act by use of voting machines, the ordinary is authorized to hold such election or all or any such election by means of voting machines in accordance with the provisions of the Act of the General Assembly approved March 28, 1947 (Ga. L. 1947, p. 1203). Section 29. Conflicting laws repealed. All laws and parts of laws in conflict with this Act, and all provisions of the Act approved August 21, 1906 (Ga. L. 1906, p. 405) creating the office of Commissioner of Roads and Revenues of DeKalb County which are in conflict with this Act, are hereby repealed. Section 30. Separability clause. Should any court of this State declare any section, part, paragraph or clause of this Act unconstitutional or invalid for any cause or reason, then such decision shall affect only that section, part, paragraph or clause so declared to be unconstitutional and invalid, and shall not affect any other section, part, paragraph or clause of this Act. Section 31. Notice of intention to apply for local legislation. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which sheriff's advertisements for DeKalb County are published, namely the DeKalb New Era, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly as required by law. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit of the authors to the effect that said notice has been published as provided by law. Georgia, DeKalb County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths, James A. Mackay, Guy W. Rutland, Jr. and W. Hugh McWhorter, who on oath depose and say that they are Representatives from DeKalb County, Georgia and authors of the attached

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bill, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the DeKalb New Era, which is the official organ of DeKalb County, Georgia, on the following days: December 15th, 22nd and 29th, 1955. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to apply to the 1956 session of the General Assembly of Georgia for the passage of local legislation to abolish the office of Commissioner of Roads and Revenues of DeKalb County, Georgia; to create a Chairman and Board of Commissioners for DeKalb County, Georgia; to prescribe their qualifications, terms of office, powers, duties and compensation; to provide for a referendum election on said bill and on the question of whether the present commissioner of roads and revenues shall serve as chairman of the board of commissioners of roads and revenues for a period equal to the unexpired term of the office to which he was elected; to provide an effective date for such Act; to repeal conflicting laws, and for other purposes. This 15th day of December, 1955. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay. /s/ James A. Mackay, /s/ Guy W. Rutland, Jr., /s/ W. Hugh McWhorter. Sworn to and subscribed before me, this 16th day of January, 1956. /s/ Joseph H. Baird, Notary Public. Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal) Approved March 8, 1956.

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BUDGETS IN CERTAIN COUNTIES. No. 363 (House Bill No. 495). An Act to amend an Act entitled An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census... and for other purposes approved March 16, 1939, (Ga. L. 1939, pp. 272-276) and the several Acts amendatory thereof, so as to increase the reserve permitted under the Act of 1955 (Ga. L. 1955, p. 2608, et seq.) and to authorize the sale of industrial property without advertisement; to require the budget to be submitted to the county commission before publication; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It is hereby enacted by authority of the same that the Act entitled An Act to provide for a budget in all counties in this State having a population of two hundred thousand or more by the United States census of 1930, or by any future census... and for other purposes approved March 16, 1939, (Ga. L. 1939, pp. 272-276) and the several Acts amendatory thereof, be further amended as follows: Section 6, as heretofore amended, shall be further amended by striking the words two million wherever said words appear in sequence in said Section 6, and inserting in lieu thereof the words, three million and by striking the words two hundred fifty thousand wherever same appear in sequence in said section and inserting in lieu thereof the words five hundred thousand, so that the first paragraph of said Section 6 when so amended shall read as follows: Sec. 6, Act of 1939 amended. Section 6. The budget commission shall include in its anticipation for the next fiscal year a sum not to exceed the actual revenue collected by the county from all sources

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during the period from January 1st to November 1st of the current year and the estimated revenue for the remainder of the current year, provided that there may be added to such anticipations a sum equal to not more than eighty-five (85%) percent of all tax executions on real estate and fifty (50%) percent on tax executions on personal property not more than three years old and choses in action owned by the county and certified by the tax collector or tax commissioner of such county as the case may be, as being solvent and collectible. Actual revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or from insurance thereon, nor shall actual revenue include any surplus or unencumbered or unappropriated cash balances carried forward from one fiscal year to the next. The budget commission may exclude from anticipated revenue, all sums not exceeding three million dollars which may be accumulated as surplus or as unencumbered or unappropriated funds, actual or estimated, at the close of the county's books on December 31 of the current year, and may include as an item of expense or disbursement of funds, additions to such surplus or cash carry-over or unencumbered or unappropriated funds, an amount not to exceed five hundred thousand dollars during any current year, provided the accumulation of such additional funds shall not operate at any time to accumulate as surplus or unencumbered or unappropriated funds any amount in excess of three million dollars in the aggregate. The budget commission may exclude from anticipated revenue, all sums not exceeding three million dollars which may be accumulated as surplus or as unencumbered or unappropriated funds, actual or estimated, at the close of the county's books on December 31, of the current year, and may include as an item of expense or disbursement of funds, additions to such surplus or cash carry-over or unencumbered or unappropriated funds, an amount not to exceed five hundred thousand dollars during any current year, provided, the accumulation of such additional funds shall not operate at any time to accumulate as surplus or unencumbered or unappropriated funds any amount in excess of three million

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dollars in the aggregate. Provided further the reserve or surplus funds so excluded from anticipated revenue and accumulated as surplus as provided in this section shall be held in reserve and shall not be spent for any purpose except the following: Anticipated budget. Section 2. Section 8 of said Act as heretofore amended shall be further amended by adding thereto at the beginning of said section and prior to the present language of said section the following language to wit: On or before November 15 of each year, the budget commission shall submit to the county commission for its consideration, a proposed budget consisting of a statement of the anticipated revenue and expenses of the next fiscal year. Whereupon the county commission shall consider the same and may revise, amend, supplement or delete any item of anticipated revenue or expense before the same shall be published, or hearings held thereon, and be further amended by striking the words, budget originally submitted by the budget officer in lines 1 and 2 of said Section 8 prior to the amendment, and inserting in lieu thereof, the words proposed budget as revised, amended, supplemented, or deleted by the county commission, so that said Section 8 when so amended shall read as follows: Sec. 8 amended. Section 8. On or before November 15 of each year, the budget commission shall submit to the county commission for its consideration, a proposed budget consisting of a statement of the anticipated revenue and expenses fo the next fiscal year. Whereupon the county commission shall consider the same and may revise, amend, supplement or delete any item of anticipated revenue or expense before the same shall be published, or hearings held thereon. A summary of the proposed budget as revised, amended, supplemented, or deleted by the county commission, as amended and tentatively approved by the county commission, shall be published on or before the last Wednesday in December, in the newspaper in which the sheriff's advertisements appear. The budget as tentatively approved for publication, and all supporting data,

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shall be a public record open to inspection by anyone and shall be filed in the office of the clerk of the authorities and in the office of the budget officer. The authorities may consider the original budget and any amendment thereto at any regular or called meeting after its submission and shall hold at least one public hearing thereon before its final adoption, which public hearing shall be set by the authority at one of its regular or called meetings and shall be announced in a public notice to be published in one or more of the newspapers published in said county. Changes, increases or decreases, variations and revisions of any items in the budget or of any total, subtotal or aggregate sum, may be made at any public meeting prior to final adoption of the budget, provided such changes, increases, decreases, transfers and revisions shall be recorded on the minutes of said meeting and provided further the total expenditures including all changes shall at no time exceed the total of the anticipated revenue as finally certified by the budget commission to the governing authority. The budget as finally adopted shall include all sums necessary to pay the interest and principal reduction or sinking fund requirements of all outstanding bond issues, and likewise sufficient funds to meet the requirements of the various departments of county government to enable the various departments to perform the duties imposed upon them by law, and the budget commission shall so certify. Submission and publication of proposed budget. Adoption. Section 3. Section 14 of said Act shall be amended by striking the period at the end of said section and inserting in lieu thereof a semicolon, and by adding to said paragraph, the following language, to wit: Provided compliance by the county authorities with the formalities of the County Manager Act (Ga. L. 1947, p. 105, et seq.) including all amendments thereto, and of the Purchasing Department Act (Ga. L. 1951, p. 408, et seq.) and the amendments thereto, insofar as same are applicable, in the purchase of materials, supplies and expenditures respectively, and compliance with the provisions of Section 23-1702, et seq. of the Code of Georgia of 1933, with regard to the letting of contracts, insofar as same are

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applicable, shall be deemed compliance with the provisions of this section, and no further advertisement shall be necessary; and provided, further, the sale of any real property held for industrial development shall be permitted without advertisement, where such sale and the consideration therefor have been recommended by any board, commission, committee or authority which has been established as an advisory board in said county, so that said section when so amended shall read as follows: Sec. 14 amended. Section 14. At least two weeks prior to the approval by the authorities of a cash expenditure for materials or an independent contract for services for any permanent improvement on public works, or the purchase or sale of real property for any purpose, except the acquisition of real property through condemnation proceedings or through the use of bond funds for projects financed through bond funds, the estimated expenditure for such purposes being in excess of $5,000.00, a description of such project and the estimated cost for such purposes, shall be published one time by advertisement in a newspaper in the county in which the sheriff's advertisements are published; provided compliance by the county authorities with the formalities of the County Manager Act (Ga. L. 1947, p. 105, et seq.) including all amendments thereto, and of the Purchasing Department Act (Ga. L. 1951, p. 408, et seq.) and the amendments thereto, insofar as same are applicable, in the purchase of materials, supplies and expenditures respectively, and compliance with the provisions of Section 23-1702, et seq. of the Code of Georgia of 1933, with regard to the letting of contracts, insofar as same are applicable, shall be deemed compliance with the provisions of this section, and no further advertisement shall be necessary; and provided, further, the sale of any real property held for industrial development shall be permitted without advertisement, where such sale and the consideration therefor have been recommended by any board, commission, committee or authority which has been established as an advisory board in said county. Sales and purchases.

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Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1956. CHEROKEE COUNTYFEE SYSTEM. No. 366 (House Bill No. 619). An Act to repeal an Act entitled An Act to place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; to provide for deputies and other assistants; to provide for allowances; to provide for the procedure connected with the foregoing; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2668); 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 place the Clerk of the Superior Court, the Ordinary, the Tax Commissioner, and the Sheriff of Cherokee County on a salary basis in lieu of a fee basis; to provide for deputies and other assistants; to provide for allowances; to provide for the procedure connected with the foregoing; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes, approved December 17, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2668), is hereby repealed in its entirety. Act of 1953 repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I will introduce legislation

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at the present term of the General Assembly of Georgia to repeal HB 985 passed at the January term, 1953, of the General Assembly. Said bill passed at the January term, 1953, of the General Assembly placed the offices of Ordinary, Sheriff, Clerk of the Superior Court and Tax Commissioner of Cherokee County on salary, and when said legislation is passed, said officers will be on fee basis. This January 23rd, 1956. Dr. Grady N. Coker, Representative of Cherokee County, Ga. Georgia, Cherokee County: In person before the undersigned attesting officer duly authorized by law to administer oaths, appeared C. E. Owen, who on oath deposes and says: That he is co-owner and co-publisher of the Tribune Printing Co., and publishers of the North Georgia Tribune, a weekly newspaper in which legal advertisements are carried. I published in said paper during the weeks of January 26th, February 2nd and February 9th, 1956, an advertisement Notice of Intention to Apply for the Passage of Local Legislation, copy of such notice appearing above, and copy of which appears on the front page of the tear sheet. /s/ C. E. Owen. Sworn to and subscribed to before me, this 9th day of February, 1956. /s/ James M. Floyd, Notary Public. (Seal Affixed) Approved March 9, 1956.

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PER DIEM OF COUNTY BOARD OF EDUCATION IN CERTAIN COUNTIES. No. 370 (House Bill No. 282). An Act to provide that members of the county boards of education in all counties of this State having a population of not more than 3700 and not less than 3585, according to the 1950 Federal census, or any future such census, shall be paid a per diem of $20 per day for actual services, but not to exceed twenty-four (24) days in any one calendar year; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not more than 3700 and not less than 3585, according to the 1950 Federal census, or any future such census, the members of the county boards of education shall be compensated in the amount of $20 per day for each day's actual service, but not to exceed twenty-four days service in any one calendar year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. DUBLINELECTIONS. No. 372 (Senate Bill No. 92). An Act to amend an Act creating a new charter for the City of Dublin, Laurens County, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, so as to change the date of the regular city election; to provide that no person's name shall be placed on the regular city election ballot who is nominated in any political party primary for said city; to provide for a board of

Page 3268

election managers to hold and conduct city elections; 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 Dublin, Laurens County, approved March 31, 1937 (Ga. L. 1937, p. 1771), as amended, is hereby amended by striking Section 2 of Article II in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. Mayor and aldermenElection of. On the Wednesday immediately following the first Sunday in December, 1957, and every two years thereafter, there shall be held an election for a mayor and four aldermen, one of whom shall be elected from and to represent each of said four wards. On the Wednesday immediately following the first Sunday in December, 1956, and every two years thereafter, there shall be an election for three aldermen from the city at large. The mayor and aldermen so elected shall hold office for a period of two years, and until their successors are elected and qualified. Election of mayor and aldermen. Section 2. Said Act is further amended by adding a new section to Article II to be known as Section 3-A to read as follows: Section 3-A. The name of no person shall be placed on the regular general city election ballot if such person has been nominated in any political party primary for said city; and any such person shall not be eligible to hold any elective city office. Primary nominees. Section 3. Said Act is further amended by striking Section 5 of Article II in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. There is hereby created a board of election managers to be composed of four members who shall have full and complete authority to fix all rules and regulations, in their opinion necessary, to hold said city

Page 3269

elections and shall superintend and manage all city elections for the City of Dublin. The present executive committee shall remain as now constituted through December 31, 1956. At the regular city election in December 1956 a board of election managers shall be elected to take office January 1, 1957, for a term of two years, and until their successors are elected and qualified. Future elections shall be held every two years for members of the board of election managers. Before entering upon their duties as election managers, the members of the board of election managers shall subscribe to the following oaths: `All and each of us do swear that we will faithfully superintend this day's election; that we will make a just and true return thereof; and we will not knowingly permit anyone to vote in this election unless we believe he is entitled to vote according to the laws of said city, nor will we knowingly prohibit anyone from voting who is by law entitled to vote.' Said oath shall be signed by each member of the board of election managers and the oath may be administered by any officer qualified to administer oaths, or the members may administer the oath to each other. The polls at all elections shall be open from 7 o'clock A. M. until 6 o'clock P. M. When the polls close, the members of the board of election managers shall proceed to count the ballots and consolidate the returns of said election and certify the results thereof. They shall keep two lists of voters and two tally-sheets; and they shall place both of said lists of voters and both tally-sheets, together with the ballots, in an envelope or box, and seal the same, and deposit them with the clerk of the board of aldermen of said city, who shall meet within five days after said election is held, and declare the result thereof. Board of election managers. In all elections held for the purpose of authorizing the issuing of bonds by the mayor and aldermen of said city and in all special elections for any purpose whatever, the provisions of this section shall govern. It shall be the duty of the mayor and aldermen to furnish all necessary material for holding of elections in said city. In case of a tie vote between two persons for the same office,

Page 3270

another election shall be called by the board of election managers to be held within thirty days of the election at which said tie occurred. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Section 5. It shall be the duty of the Mayor and Council of the City of Dublin to issue a call for an election to be held on the first Wednesday in April, 1956, for the purpose of submitting this Act to the voters of the City of Dublin for approval or rejection. The date and purpose of this election shall be published one (1) time a week for three (3) weeks immediately preceding the date thereof in the official gazette of the City of Dublin. Such publication shall fully inform the voters of the contents of this Act. The ballots shall have printed thereon the words: For approval of the Act amending the city charter of Dublin so as to provide that no person nominated in a primary held in and for said city shall be eligible to hold any elective city office; to provide for a board of election managers and to define their duty. Against approval of the Act amending the city charter of Dublin so as to provide that no person nominated in a primary held in and for said city shall be eligible to hold any elective office; to provide for a board of election managers and to define their duty. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such elections vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by the City of Dublin. It shall be the duty of the mayor and council to hold and conduct such election. It shall be the duty of the mayor and council to canvass the returns and declare and certify the results

Page 3271

of the election. It shall be their further duty to certify the results thereof to the Secretary of State. Affidavit of publication attached to enrolled copy. Approved March 9, 1956. CIVIL COURT OF FULTON COUNTYAMENDMENTS. No. 373 (House Bill No. 341). An Act to amend an Act entitled, An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, approved August 20, 1913 (Ga. L. 1913, p. 145, et seq.) and all Acts amendatory thereto by providing that verdicts and judgments in all cases of $300.00 and over be recorded upon the minutes of said

Page 3272

court; to provide for the election of the chief judge by the five judges of said court and to define the powers of said judges; to provide for the appointment of one special marshal for each judge; to increase the number of official court reporters and set their fees; to remove the $2,500.00 limitation appearing in Sections 26, 29 and 31 of said Act as amended; to provide for additional time in which to file defensive pleadings; to provide for six jurors; to extend the time in which bills of exception and appeals may be sued out; to increase the deposit required in cases over $100.00; to provide that motions for new trial and appeals to the Appellate Division shall act as supersedeas unless otherwise ordered by the trial judge; to provide for signing default judgments by mechanical facsimile means; to increase the bill of costs for service of process; to fix the salaries for the judges of said court; to enact a separability clause; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. It is hereby enacted by authority of the same, that from and after the passage of this Act, the Act entitled, An Act to carry into effect the City of Atlanta the provisions of the amendment to Paragraph 1, of Section 7, of Article 6 of the Constitution of the State of Georgia, ratified October 2nd, 1912, relating to the abolition of justice courts and the office of justice of the peace and of notary public ex officio justice of the peace, in certain cities and the establishment in lieu thereof of such court or courts, or system of courts, as the General Assembly may deem necessary; and in pursuance thereof, to abolish all justice courts and the office of justice of the peace in the City of Atlanta, Georgia, and to establish in lieu thereof the Municipal Court of Atlanta, in the City of Atlanta; to define its jurisdiction and powers; to provide for the appointment, qualifications, duties, powers, and compensation of the judges and other officers thereof; to provide for pleading and practice and rules

Page 3273

of procedure and new trials therein and appeals and writs of error therefrom; to abolish the office of constable in said city; to provide for separate sections of said court; to define the territorial jurisdiction of each section, and the jurisdiction of said sections as to amount and subject matter; and for other purposes, approved August 20, 1913 (Ga. L. 1913, pp. 145, et seq.) and all Acts amendatory thereto be and the same are hereby further amended by striking from said Act as amended Section 4 of the Act approved July 31, 1925 (Ga. L. 1925, p. 389), in its entirety, which said Act approved July 31, 1925, added a new unnumbered section to this Act, and substiuting in lieu of said unnumbered section, which is hereby repealed, a new section to be known as Section 23 (a) to read as follows: Section 23 (a). Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, the clerk of said court shall keep a book of minutes, properly indexed, wherein he shall record or cause to be recorded all judgments of said court and verdicts of juries rendered therein, wherein the principal amount of said verdict or judgment or the value of the property involved in said verdict or judgment is fixed at or exceeds the sum of three hundred ($300.00) dollars, together with all orders of said court pertaining thereto. The minutes shall be approved by the chief judge of said court on the last day of each term. Minutes. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, effective January 1, 1957, Section 13 of the Act of 1913, approved August 20, 1913 (Ga. L. 1913, pp. 145, et seq.) and all Acts amendatory thereto, and especially as amended by an Act approved March 28, 1935 (Ga. L. 1935, p. 501) and as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 293) be and the same is hereby repealed in its entirety, and a new Section 13 is substituted in lieu thereof to read as follows: Section 13. From and after January 1, 1957, there

Page 3274

shall be five judges of the Civil Court of Fulton County. Said judges shall be those persons who have previously been elected or appointed to the position of Associate Judge or Chief Judge of said Civil Court of Fulton County and who on said date are qualified and serving as such and their successors in office thereafter. Each of said judges shall continue in office as such until the expiration of the term to which he has been elected, or appointed, prior to the effective date of this Act. After January 1, 1957, the Judges of the Civil Court of Fulton County shall be elected by the people of Fulton County in the general election held in and for said county next preceding the expiration of the term of each judge. The candidate receiving a plurality of all votes cast for such judgeship shall be declared elected. The terms of office of said judges shall be six years, or until their successors are elected and qualified. The commission shall issue from the Governor upon a certificate from the Ordinary of Fulton County as to their having been elected as judges of said court. A candidate, when qualifying for a primary or general election for any position as Judge of the Civil Court of Fulton County, shall specify the particular incumbent which said candidate desires to oppose or succeed, and all ballots shall be prepared accordingly. The candidate receiving a plurality of all votes cast in a primary election for such judgeship shall be declared the nominee therefor. In the event of a vacancy arising in the office of Judge of the Civil Court of Fulton County by death, resignation, or otherwise, the Governor shall appoint a successor to such office to fill the term or unexpired term thereof, and said appointee shall hold said office for the term or the remainder of the unexpired term of his predecessor in said office. On January 1, 1957, the Judges of the Civil Court of Fulton County shall elect one of their number as chief judge, who shall serve as such at the pleasure of said judges and until his successor is elected by said judges and qualified as such. The chief judge shall be the chief presiding and administrative officer of the court, and shall have all of the authority and increments of office which are now or which may hereafter be granted by law to said chief judge.

Page 3275

Said judge of the CivilCourt of Fulton County shall have the same powers and prerogative as judges of the superior courts of this State consistent with the jurisdiction of the Civil Court of the Fulton County. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 3 of the Act approved July 31, 1925 (Ga. L. 1925, p. 388), which added a new unnumbered section to this Act, be, and the same is hereby, repealed and a new section to be known as Section 24 (b) substituted in lieu thereof to read as follows: Section 24(b). Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, each of the Judges of the Civil Court of Fulton County shall have authority to appoint one special deputy marshal, who shall hold their offices during the pleasure of such judge of said court who appointed such special deputy marshal and who shall discharge such duties in and about the courtroom when the court is in session and in and about the judge's chambers as may be required by law or by the judge appointing them. In addition thereto, such special deputy marshal shall have all the power and authority that is now or may hereafter be vested in deputy marshals of the Civil Court of Fulton County. Before entering upon the discharge of his duties, each special deputy marshal shall take and subscribe the oath as provided in Section 59-717 of the Code of Georgia of 1933. Such special deputy marshals shall receive as compensation for their services such amount as may from time to time be fixed by the Commissioners of Roads and Revenues of Fulton County, Georgia. The judge may, with the prior approval of the Commissioners of Roads and Revenue of Fulton County, appoint a secretary in lieu of a second special deputy marshal. Deputy marshals. Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the

Page 3276

same, that, from and after the passage of this Act, Section 5 of the Act approved August 17, 1914 (Ga. L. 1914, p. 181), as amended by an Act approved January 31, 1946 (Ga. L. 1946, p. 292), which added a section to this Act to be known as 24 (a), be, and the same is hereby, repealed in its entirety and a new section substituted in lieu thereof to read as follows: Section 24 (a). Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, the judges of said court shall have power to appoint, and at pleasure remove, five official reporters, or stenographic reporters, for said court, one of whom shall be designated chief official reporter. Such official reporters, or stenographic reporters, before entering on the duties of their offices, shall be duly sworn in open court faithfully to perform all the duties required of them by the judges of said court; and it shall be their duty when directed by one of the judges of said court to attend the court and to exactly and truly record or take stenographic notes of the testimony and proceedings in the case tried, except the argument of counsel. The compensation of said official reporters, or stenographic reporters, shall be such salaries as may be fixed by the Board of Commissioners of Roads and Revenues of Fulton County upon recommendation of the judges of said court, and for recording or taking stenographic notes and recording the evidence in such civil cases as may be agreed by counsel for plaintiff and defendant to be recorded, or in case of disagreement, as aforesaid, in such cases as the presiding judge may direct to be recorded, the charge shall be at a rate not to exceed twelve cents per hundred words, to be fixed by said judge, which fee shall be paid by the parties to the agreement, upon such terms as they may prescribe for themselves, and if no agreement is entered into as to the payment thereof, then in such manner as may be prescribed by the presiding judge. Said official reporters, or stenographic reporters, shall for reports of evidence and other proceedings by them furnished be paid by the party requesting the same at a rate not to exceed fifteen cents for each one hundred words. Reporters.

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Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 26 of the Act of August 20, 1913 (Ga. L. 1913, pp. 145, et seq.) and all Acts amendatory thereto and especially Act approved July 31, 1925 (Ga. L. 1925, p. 387), be, and the same is hereby repealed in its entirety and a new Section 26 substituted in lieu thereof to read as follows: Section 26. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, the Civil Court of Fulton County shall have all the jurisdiction as to subject matter which, at the time of the adoption of said Constitutional amendment, was exercised by justice courts and justices of the peace under the Constitution and laws of this State, and in addition shall have jurisdiction to try and dispose of all civil cases of whatever nature, except injuries to the person or reputation, concurrent with the superior courts, including not only such suits as are begun by petition and process or summons but also all other kinds of suits or proceedings which now or hereafter may be in use in the superior courts of the State or the justice courts, either under the common law or by statute, including among others attachment and garnishment proceedings, illegalities, counter-affidavit to any proceedings from said court, statutory awards, proceedings against intruders and tenants holding over, partition of personalty, trover and bail, distress warrants and issues thereon, foreclosures of all liens on real estate and personal property, possessory warrants and other like proceedings and processes of which jurisdiction is not vested exclusively in other courts by the Constitution of the State of Georgia and except extraordinary remedies as defined in Chapters 37-14, 37-15, 55-1, 55-2, 55-3, 64-1, 64-2 and 64-3 of the Code of Georgia of 1933. Jurisdiction. Section 6. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the

Page 3278

same, that, from and after the passage of this Act, Section 29 of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145 et seq.) and all Acts amendatory thereto and especially an Act approved July 31, 1925 (Ga. L. 1925, p. 377), be, and the same is hereby, repealed in its entirety and a new section substituted in lieu thereof to read as follows: Section 29. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, said court shall have jurisdiction to foreclose loan deeds and all other liens arising ex contractu against real estate and all liens of laborers, contractors, materialmen, and other liens of a similar nature on real estate, as well as on personal property, including mortgages. The manner of foreclosing such liens and loan deeds on real estate, and of foreclosing mortgages and liens on personal property, shall be as provided by law for such foreclosures in the superior courts, except as otherwise herein provided as to practice in said court. Lien foreclosures. Section 7. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 31 of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145 et seq.), and all Acts amendatory thereto, and especially an Act approved July 31, 1925 (Ga. L. 1925, p. 377), be, and the same is hereby, repealed in its entirety and a new section substituted in lieu thereof to read as follows: Section 31. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, said court shall have jurisdiction of all claim cases where personal property is levied on under executions, or other processes, from said court. The manner of making such claims in said court and all proceedings thereon shall be conformable to the law as to such claims in the superior court, except that the issues formed thereon shall be tried

Page 3279

as other issues are tried in the said Civil Court of Fulton County. Claims Section 8. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 36 of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145 et seq.) and all Acts amendatory thereto, is amended to add a new paragraph to said Section 36 of said Act as amended to read as follows: Provided, however, that any defendant may, on or before the date to which a suit against him is returnable, make application to any judge of this court for additional time within which to file defensive pleadings without the case being in default. Said judge, in his discretion, may grant such application by entering an order extending the time within which such defensive pleadings may be filed. Unless consented to by the opposite party, said judge shall not extend said time beyond the return date of the next succeeding term of court. Defensive pleadings. Section 9. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 40 of an Act approved August 20, 1913 (Ga. L. 1913, pp. 145 et seq.) and all Acts amendatory thereto, and especially as amended by an Act approved July 31, 1925 (Ga. L. 1925, p. 381), and also especially as amended by an Act approved August 18, 1927 (Ga. L. 1927, p. 389), relating to jurors in said court, be, and the same is hereby, repealed in its entirety and a new Section 40 substituted in lieu thereof to read as follows: Section 40. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, all jurors for said court shall be drawn in open court by a judge of said court from the single jury box of Fulton County as provided in an Act approved February 21, 1951 (Ga. L. 1951, p. 470). That said judge of said court

Page 3280

shall draw as many jurors from said box, in the manner as required by law in the superior court, as may be necessary for each division of said court trying jury business. As many divisions of said court as may be necessary may sit for the trial of jury business at the same time, and a jury shall be drawn in the manner aforesaid for each division of said court sitting for the trial of jury business. All laws with reference to the drawing and selecting of traverse and tales jurors in the superior courts not inconsistent with the provisions of this Act shall apply to said court. The jurors so drawn shall be summoned by the marshal of said court, or other lawful officers, at least five days before the court at which they are called to serve. From the jurors drawn and summoned as above provided there shall be empanelled in all cases to be tried by a jury in said court a jury of twelve, and in each case each side shall have three strikes, and the six remaining shall constitute a jury for the trial of said case. If there shall be any deficiency of jurors to make the required panel, from cause or absence, the marshal by direction of the court shall complete the jury by talesmen to the required number. All jurors serving in said court shall receive as compensation for their services same amount received by jurors serving in the Superior Court of Fulton County, the same to be paid under the rules governing the payment of superior court jurors. All laws of force with reference to qualifications, oaths, exemptions, and fining of jurors in the superior courts of this State shall, when not inconsistent with the provisions of this Act, apply to and be observed in said court. Jurors. Section 10. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 42 of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145 et seq.) and all Acts amendatory thereto, and especially as amended by an Act approved March 10, 1933 (Ga. L. 1933, pp. 292-293) be, and the same is hereby, amended by striking the word fifteen as it appears at the end of the eighth line of Subsection (b) of said Act on page 293 thereof and likewise striking the word fifteen

Page 3281

in the fourth line of Subsection (d) of said Act on said page 293 and substituting in lieu thereof in each instance the word thirty, so that said Subsection (b) and (d), as amended, shall read as follows: (b). Should the judge decline to grant said oral or written motion for new trial, as the case may be, he shall pass an order to that effect. All rulings of the trial court which under the practice in the superior courts would be the subject matter of final bill of exceptions, cross-bill of exceptions, or exceptions pendente lite, shall likewise be the subject matter of such exceptions in this court, and such exceptions shall be presented to the trial judge within thirty days from the date of the ruling complained of and ordered filed and transmitted to the appellate division of said court or to the Court of Appeals or the Supreme Court, as the case may be, as hereinafter provided for in cases of appeals to the said appellate division or bills of exceptions to the Court of Appeals or Supreme Court. Appeals. (d). Should the movant desire to enter an appeal to the appellate division of said court from the order denying a new trial, or from a final order or judgment of the trial judge, he shall, within thirty days from such order, file a written statement of the grounds of his motion, and the errors of which he complains, together with a written brief of so much of the evidence adduced on the trial of the case as may be necessary to a clear understanding of the errors complained of, the brief of evidence and the grounds of said motion to be certified as true by the trial judge before the same shall be filed, unless further time is granted by the trial judge for the perfection and approval of the brief of evidence, in which case the trial judge shall order the brief filed, subject to correction and approval at such time as he shall fix. Section 11. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 44 of the Act approved August 20, 1913 (Ga. L.

Page 3282

1913, pp. 145 et seq.) and all Acts amendatory thereto, and especially an Act approved February 11, 1952 (Ga. L. 1952, p. 2299), be, and the same is hereby, repealed in its entirety and a new section substituted in lieu thereof to read as follows: Section 44. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, each party filing a suit or proceeding of any character in the Civil Court of Fulton County shall deposit with the clerk of said court at the time of filing or commencing such proceeding the sum of five ($5.00) dollars as costs of suit; provided, however, where the amount involved in such suit or proceeding is one hundred ($100.00) dollars or less, said party shall only be required to deposit the sum of three ($3.00) dollars as costs of suit; provided further that such deposit shall not be required of any person who shall subscribe an affidavit to the effect that from poverty he is unable to pay the same and provided further that, if the party making such deposit finally prevails in such proceeding, the amount of deposit shall be taxed as part of the cost against the losing party, and, if recovered, shall be refunded to the party depositing the same, after all costs have been paid. And that, upon the 10th day of each succeeding month the Board of Commissioners of Roads and Revenues of Fulton County shall pay over unto the publisher of the newspaper which publishes legal notices for the Sheriff of Fulton County a publication subsidy in the sum of three hundred fifty ($350.00) dollars per week for each week in which the said newspaper published the calendars of the said court during the preceding month as compensation for the printing and publication of said calendars. Deposits. Section 12. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 45 of the Act approved August 20, 1913 (Ga. L. 1913, p. 145 et seq.), and all Acts amendatory thereto, be, and the same is hereby, repealed in its entirety and a new section substituted in lieu thereof to read as follows:

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Section 45. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, the judgments of the Civil Court of Fulton County shall be enforced by executions issued by the clerk, and directed to the marshal of said court, or any deputy marshal thereof; to all and singular the sheriffs of this State and their lawful deputies, and to any lawful constable of said State; provided, however, the pendency of a motion for new trial may as herein provided, before the judge trying the case or before the appellate division shall suspend the issuance of an execution and act as a supersedeas until a disposition thereof by said judge or said division, unless otherwise ordered by the trial judge or the presiding judge of said appellate division. The lien of such judgment shall date from the date of the original judgment, and it shall bear legal interest from said date, unless a different rate of interest be specified therein. Section 13. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section 46 of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145 et seq.) and all Acts amendatory thereto, be amended by adding at the end of said Section 46 a new paragraph to read as follows: Provided that the actual signature of the chief judge or any other judge acting in his stead shall not be required, but the signature on said default judgment may be placed by mechanical or facsimile means, including but not limited to, the use of business machines. Provided, however, that said signature shall not be placed upon said judgment unless the same shall bear the written approval of the chief clerk of said court or the deputy in charge of the docket in said clerk's office upon which said case is docketed. Default judgments Section 14. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, from and after the passage of this Act, Section

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49 of the Act approved August 20, 1913 (Ga. L. 1913, pp. 145 et seq.) and the several Acts amendatory thereto, and in particular the Act approved February 11, 1952 (Ga. L. 1952, p. 2300) be amended by striking from the first item of cost listed under the heading, Marshal, appearing on the seventh line from the bottom of page 2301 of said Georgia Laws 1952 the figures $2.00, and substituting in lieu thereof the figures $3.00, so that said item when amended will read as follows: For serving each process, summons, civil warrant or traverse (where formal entry of service is required), including entry of service...$3.00. Fees Section 14-A. The annual salary of the chief judge of said court shall be $12,600.00, and the annual salary of the associate judges of said court shall be $12,100.00, and shall be paid in equal monthly installments upon vouchers approved by the chairman of the Board of Commissioners of Roads and Revenues of Fulton County, or his order, and drawn upon the county treasurer of Fulton County; provided, that no judge or other official of said court shall receive to his own use any fees or perquisites of office. This section is to be effective when this Act is approved by the Governor. Compensation of judges. Section 15. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that, if any part, phrase, clause, sentence, paragraph or section of this Act should for any reason be declared unconstitutional by any court, such decision shall not affect the validity of any remaining portions, which the General Assembly intends shall remain in force as if such Act had been passed with the unconstitutional portion or portions thereof eliminated. Section 16. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Section 17. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the

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same, that the General Assembly finds upon investigation and so declares that notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section VII, Paragraph XV, of the Constitution of Georgia, of 1945. A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the publisher of the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 29th day of December, 1955, and once each week thereafter for 3 consecutive weeks as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me, this 19th day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given, of intention of applying for local legislation at the next meeting of the General Assembly of Georgia, which convenes in January, 1956, amending the original Act creating the Municipal Court of Atlanta, (now Civil Court of Fulton County) Ga. L. of 1913, page 145, et seq., and all amendatory Acts thereto. Hewitt W. Chambers, Clerk Civil Court of Fulton County. Dec. 29, Jan. 5, 12, 19. Approved March 12, 1956.

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MACON COUNTY COMMISSIONERSELECTION. No. 375 (House Bill No. 621). An Act to amend an Act creating a Board of Commissioners of Roads and Revenue for the County of Macon, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended particularly by an Act approved August 9, 1912 (Ga. L. 1912, p. 419), and an Act approved March 27, 1947 (Ga. L. 1947, p. 961), and an Act approved February 12, 1951 (Ga. L. 1951, p. 2334), so as to provide that the Board of Commissioners of Roads and Revenues for the County of Macon shall be elected by the voters of Macon County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues for the County of Macon, approved August 26, 1872 (Ga. L. 1872, p. 434), as amended particularly by an Act approved August 9, 1912 (Ga. L. 1912, p. 419), and an Act approved March 27, 1947 (Ga. L. 1947, p. 961), and an Act approved February 12, 1951 (Ga. L. 1951, p. 2334), is hereby amended by striking Section 2 and in lieu thereof inserting the following: Election. Section 2. One member of the Board of Commissioners of Roads and Revenues for the County of Macon shall be elected from each of the five (5) road districts as set forth and described in Section 1. In the primary for the selection of nominees for candidates in the general election for the office of members of the Board of Commissioners of Roads and Revenue for the County of Macon, the nominees shall be selected by the voters of Macon County. All members of the board shall be elected by the voters of the County of Macon. No person shall be eligible to offer as a candidate or to be elected as a commissioner, unless he is a bona fide resident of the district from which he offers, a freeholder and qualified to vote for members of the General Assembly of Georgia.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Macon County. Personally appeared before me the undersigned, an officer duly authorized by law to administer oaths, came J. C. Cox, who, being first sworn on oath deposes and says that he is the owner and publisher of the Citizen-Georgian, the official newspaper of Macon County, Georgia, in which is printed advertisements of the sheriff of said county, and that the notice of local legislation attached to this affidavit was published in said Citizen-Georgian on the dates of January 26, 1956, February 2, 1956; and February 9, 1956 as provided by law. /s/ J. C. Cox. Sworn to and subscribed before me, this Feb. 9, 1956. /s/ Zella Holland N. P. State at Large for Ga. (Seal Affixed). Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1956 session of the General Assembly of Georgia local legislation to provide: A Bill. An Act to amend an Act entitled, An Act to amend an Act approved August 26, 1872, Georgia Laws 1872 pages 434-436 entitled an Act to create a Board of Commissioners of Roads and Revenues for the County of Macon, and to define the power and duties thereof, so as to prescribe the method of electing the commissioners of roads and revenue of said County of Macon, to define their powers and duties, to prescribe their salary, and to fix their term of office, and for other purposes, approved August 9, 1912, Georgia Laws 1912, pages 419-424 as amended by House Bill No. 275, approved February 12, 1951, Georgia Laws of 1951 pages 2334-2338 so as to provide for the election of members of board of

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commissioners of roads and revenues by the voters of the county at large; to repeal conflicting laws and for other purposes. This January 25, 1956. J. Lester Souter, Representative, Macon County, Georgia. 1-26-3t. Approved March 9, 1956. QUALIFIED ELECTRICIANS IN CERTAIN COUNTIES. No. 387 (House Bill No. 576). An Act to amend an Act approved March 15, 1943, entitled An Act to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000, according to the United States census of 1940 or any future U. S. census; to create a board of examiners for said purpose and to provide for the issuance of renewal of certificates; and to provide for a penalty for violation of said Act, and other purposes, as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 57), so as to classify certificates into two classes, namely active and inactive; and to provide for cost of renewal certificates; and to provide for compensation to members of said board of examiners; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same: Section 1. The Act approved March 15, 1943, entitled

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as follows: An Act to provide for the examination for qualified electrician, for the right to engage in said vocation in counties having a population of not less than 85,000 and not more than 90,000, according to the United States census of 1940 or any future U. S. census; to create a board of examiners for said purpose and to provide for the issuance of renewal of certificates; and to provide for a penalty for violation of said Act, and other purposes, (Ga. L. 1943, p. 481) as amended by an Act approved February 8, 1951 (Ga. L. 1951, p. 57) is hereby amended by striking the fourth and fifth paragraphs of Section 4 of said Act reading as follows: All certificates provided for herein, shall be renewed annually not later than thirty (30) days after the first day of January of each year, and all holders of certificates shall be entitled to renewal thereof upon payment of a renewal fee of two ($2.00) dollars per annum. Said sums mentioned aforesaid shall first be used to pay expenses in providing necessary supplies and facilities for conducting said examinations, second, to be paid prorata to members of the board of examiners as a salary or compensation for work done in holding said examinations. and inserting in lieu thereof the following: Certificates provided for herein shall be of two classes active and inactive. In active classification type certificates shall be for registration purposes only and will not entitle holder thereof to practice the vocation of qualified electrician. Active classification type certificates shall be for registration purposes and also entitle the holder thereof to practice the vocation of qualified electrician. All certificates provided for herein shall be renewed annually, and not later than thirty (30) days after the first day of January of each year. Holders of certificates shall be entitled to renewal by paying a fee to the department of inspection. All fees collected by the department of inspection shall be turned into the county treasury. The amount of fee for renewal of each type or class of certificate shall be set and determined by the commissioner of roads and revenue after receiving recommendations from the board of examiners. All members of the board of examiners, appointed by the commissioner of roads and revenue, except

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the electrical inspector, shall be compensated for serving on said board. The amount of annual compensation shall be set and determined by the commissioner of roads and revenue. Compensation shall be paid semiannually to members of boards of examiners. so that said section, when so amended, shall read as follows: Sec. 4, Act of 1951, amended. Section 4. Each of the members of said board of examiners shall take an oath before the ordinary of said court in said counties, that he will faithfully perform the duties of his office. Said board of examiners shall have the right to elect a chairman and secretary thereof and shall designate the time and place for holding examinations of applicants desiring to obtain a certificate as a qualified electrician. Examinations shall be made up by said board in such manner as to test the knowledge and skill of applicants. Examinations shall be held at such time and place as may be fixed by the board of examiners, at least quarterly. Each person desiring to qualify as a qualified electrician under the terms of this Act, shall before taking examination, pay to the secretary of the board of examiners the sum of ($10.00) ten dollars. Any applicant failing to pass his first examination for a certificate as a qualified electrician, shall be entitled to take another examination within six months from date of his failure. Certificates provided for herein shall be of two classes active and inactive. Inactive classification type certificates shall be for registration purposes only and will not entitle holder thereof to practice the vocation of qualified electrician. Active classification type certificates shall be for registration purposes and also entitle the holder thereof to practice the vocation of qualified electrician. All certificates provided for herein shall be renewed annually, and not later than thirty (30) days after the first day of January of each year. Holders of certificates shall be entitled to renewal by paying a fee to the department of inspection. All fees collected by

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the department of inspection shall be turned into the county treasury. The amount of fee for renewal of each type or class of certificate shall be set and determined by the commissioner of roads and revenues after receiving recommendations from the board of examiners. Certificates. Renewals. All members of the board of examiners, appointed by the commissioner of roads and revenue, except the electrical inspector, shall be compensated for serving on said board. The amount of annual compensation shall be set and determined by the commissioner of roads and revenue. Compensation shall be paid semi-annually to members of board of examiners. Compensation of board of examiners. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. WARM AIR HEATING EQUIPMENT ACT AMENDED. No. 388 (House Bill No. 625). An Act to amend the Act of 1949, page 1622, entitled An Act to provide for the regulation of the installation of warm air heating equipment; and for other purposes so as to provide that counties having a population of not less than fifteen thousand seven hundred eighty-four (15,784) and not more than sixteen thousand five hundred (16,500) inhabitants according to the United States census shall come within the terms and provisions of said Act; and for other purposes. Be it enacted by the General Assembly of Georgia, and there is hereby enacted by authority of the same: Section 1. That from and after the effective date of this Act, all counties in the State of Georgia having a

Page 3292

population of not less than fifteen thousand seven hundred eighty-four (15,784) and not more than sixteen thousand five hundred (16,500) inhabitants according to the United States census of 1950 and any future United States census shall come within the terms and provisions of this Act, and shall be subject to regulation by the board herein provided for to the same extent and for the same purposes as those counties originally included. Counties in which applicable. Section 2. This Act shall take effect sixty (60) days from the date of its approval by the Governor. Approved March 9, 1956. LIMITED ACCESS HIGHWAYS IN CERTAIN COUNTIES. No. 394 (House Bill No. 258). An Act to amend the Act authorizing the establishment of limited access highways in counties having a population of 300,000 or more according to the United States census of 1940 or any future census and for the other purposes set forth in said Act, approved February 25, 1949 (Ga. L. 1949, pp. 1875, et seq.) so as to authorize the governing authorities of any municipality to regulate and control the erection or maintenance of any advertising device, structure or outdoor poster within 300 of the nearest edge of the pavement of such limited access highway or highways, to repeal conflicting laws and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act described in the caption hereof is amended by adding thereto the following provisions: Section 1. Except as otherwise provided in this Act, the erection or maintenance of any advertising device

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located within 300 feet of the nearest edge of the pavement of a limited access highway located within the corporate limits of any city, without a written permit therefore granted by the governing authorities of such city, pursuant to this Act, is prohibited. Location of advertising devices. Section 2. The term advertising device, as used in this Act, shall include any outdoor poster, sign, notice, poster, display or other device intended to attract or which does attract the attention of operators of motor vehicles on the limited access highway, and shall, where so determined by the municipal authority, include a structure erected or used in connection with the display of any such device and all lighting or other attachments used in conjunction therewith. Advertising device. Section 3. The municipal authority may from time to time adopt, modify, amend or repeal regulations governing the issuance of permits or renewals thereof for the erection and maintenance of advertising devices. Such regulations shall be designed to effectuate the general purposes of this Act and the specific objectives and standards hereinafter set forth. (a) To provide for maximum visibility along the limited access highway and connecting roads or highways; Rules and regulations as to such devices. (b) To prevent unreasonable distraction of operators of motor vehicles; (c) To prevent confusion with regard to traffic lights, signs or signals or otherwise interfere with the effectiveness of traffic regulations. Section 4. To effectuate the purposes of this Act, the governing municipal authorities may limit the application of any regulation adopted, hereunder to exclude or include, in whole or in part: (a) Specified areas of the limited access highway based upon use, population density, nature of the surrounding

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rounding community, special conditions prevailing therein, or such other factors as may make differentiation or separate classification or regulation necessary, proper or desirable; Same. (b) Particular types or classes of advertising devices based upon size, design, lighting or such other factors as may make differentiation or separate classification or regulation necessary, proper or desirable; (c) The erection or maintenance of advertising devices on particular sections or portions of the limited access highways. Section 5. The permit or renewal thereof shall be revocable at any time on thirty days notice to the permittee in the event of a violation of the requirements of this Act. Any advertising device erected or maintained in violation of this Act is hereby declared to be, and is a public nuisance, and may be abated as provided by law. Permits Section 6. The municipal authority, by regulation, may exclude from the coverage of this Act, advertising devices which it finds do not interfere with safety on the limited access highway or contravene any of the other standards set forth in this Act, including but not limited to: Devices which may be excluded from coverage. (a) Advertising devices which are to be erected or maintained on property for the purpose of setting forth or indicating: (1) The name and address of the owner, lessee or occupant of such property, or (2) The name or type of business or profession conducted on such property, or (3) Information required or authorized by law to be posted or displayed thereon.

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(b) Advertising devices which are not visible from any traveled portion of the limited access highway; (c) Advertising devices indicating the sale or leasing of the property upon which they are placed; (d) Directional or other official signs and signals erected or maintained by the State or other public agency having jurisdiction. Section 6 A. The provisions of this Act shall apply in counties having a population of 300,000, or more, according to the United States census of 1940 or any future census. Counties in which applicable. Section 7. Nothing in this Act shall be construed to abrogate or affect the provisions of any municipal ordinance, regulation or resolution which are more restrictive concerning advertising devices than the provisions of this Act or of the regulations adopted hereunder. Section 8. If the provisions of this Act or the application of such provision to any person or circumstances shall be held invalid, the validity of the remainder of this Act and the applicability of such provision to other persons or circumstances shall not be affected thereby. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956. VALDOSTA CORPORATE LIMITS. No. 396 (House Bill No. 506). An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, approved November 21, 1901

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(1901 Ga. L. pp. 670 to 688, inclusive), and Acts amendatory thereof; to alter, relocate and redefine the corporate limits of said city; and for other purposes. Be it enacted by the General Assembly of Georgia: And it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia, approved November 21, 1901, incorporating the City of Valdosta (1901 Ga. L. pp. 670 et seq.), together with the Acts amendatory thereof, be and the same is hereby amended as follows: Section 1. The corporate limits (territorial limits) of the City of Valdosta in the County of Lowndes are hereby altered, relocated and redefined so that from and after the passage of this Act the said corporate limits shall be defined, located and described as follows: Beginning at the point where the east margin of the right-of-way of the Georgia Florida Railroad main line intersects the north margin of the right-of-way of Georgia State Highway No. 31 (East Park Avenue); thence running westerly along the north margin of said highway right-of-way to its intersection with the north margin of the old Lakeland Road; thence running westerly along the north margin of said Lakeland Road to the east margin of North Forrest Street; thence running northerly along the east margin of North Forrest Street to a point 2037 feet northerly from the north margin of Pineview Drive; thence running south 88 degrees 30 minutes west 693 feet; thence running south 1 degree east to the north margin of Pineview Drive; thence running westerly along the north margin of Pineview Drive to the east margin of Bemis Road; thence running northerly along the east margin of Bemis Road to the original north line of land lot number 80 in the 11th land district of said county; thence running westerly along the original north line of said lot number 80 to the original northwest corner of said lot number 80; thence running

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south 70 degrees 02 minutes west a distance of 495.6 feet; thence running south 70 degrees 23 minutes west to the east margin of the right-of-way of North Ashley Street (U. S. Highway No. 41); thence running westerly to the center of the intersection of Oak Street and Eager Road; thence running westerly along the center line of Eager Road to a point 300 feet westerly from the west margin of Oak Street (measured perpendicular to Oak Street); thence running southerly parallel with and 300 feet westerly from the west margin of Oak Street to a point 175 feet northerly from the center line of Canna Drive (measured perpendicular to Canna Drive); thence running south 89 degrees west 2473 feet; thence running westerly to the interection of the center line of Jerry Jones Road and the center of the run of Two Mile Branch; thence running westerly along the meanderings of the center of the run of Two Mile Branch to its intersection with the center of the run of another certain branch known as Sugar Creek; thence running southerly and up and along the center of the run of said Sugar Creek to the west margin of the right-of-way of the Georgia, Southern Florida Railroad; thence running southerly along the west margin of said railroad right-of-way to the south margin of Bay Tree Road; thence running easterly along the south margin of Bay Tree Road to its intersection with the west margin of Melody Lane; thence running southerly along the west margin of Melody Lane to the southern end of Melody Lane; thence running due south to the center of the run of One Mile Branch; thence running westerly along the meanderings of the center of the run of said One Mile Branch to the west margin of Gordon Street; thence running north 33 degrees 37 minutes west along the west margin of Gordon Street a distance of 469 feet; thence running south 40 degrees west 216 feet to the east margin of the right-of-way of the Georgia Southern Florida Railroad; thence running north along said east margin of said railroad right-of-way a distance of 765 feet; thence running south 40 degrees west to the center of the run of One Mile Branch; thence running southerly and easterly along the meanderings of the center of the

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run of said One Mile Branch to the west margin of the right-of-way of said Georgia Southern Florida Railroad; thence running southeasterly along said west margin of said last mentioned railroad right-of-way to the west margin of Hightower Street; thence running southerly along the west margin of Hightower Street to the south margin of River Street; thence running southerly to a point on the north margin of the old V. M. W. Railroad right-of-way 960 feet easterly from the east margin of Stanley Street (measured along the north margin of said railroad right-of-way); thence running westerly along the north margin of said right-of-way to the west margin of Stanley Street; thence running southerly along the west margin of Stanley Street to the north margin of the right-of-way of West Hill Avenue (U. S. Highway No. 84); thence running due south to the south margin of the right-of-way of West Hill Avenue; thence running easterly along the south margin of the right-of-way of West Hill Avenue to its intersection with the west margin of Stanley Street; thence running southerly along the west margin of Stanley Street to the southern margin of Dukes Bay Drainage Canal; thence running easterly along the southern margin of Dukes Bay Drainage Canal to the east margin of Myddleton Avenue; thence running southeasterly in a straight line to a point on the west margin of the right-of-way of Valdosta Southern Railroad main line which point is located twelve hundred thirty-seven and six-tenths (1237.6) feet northerly from the center line of the Old Clyattville Road (measured along the west margin of the last mentioned railroad right-of-way); thence running southeasterly in a straight line to a point on the center line of Old Clyattville Road 367 feet westerly from the center line of the Georgia Southern Florida Railroad, Palatka Division; thence running southeasterly parallel with the last mentioned railroad to the center line of a certain railroad side tract located in the yards of The Langdale Company (which side tract intersects the southern margin of the Georgia Southern Florida Railroad right-of-way at a point approximately 980 feet from the west margin of the right-of-way of Georgia State Highway

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No. 31, measured along the south margin of said Georgia Southern Florida Railroad right-of-way); thence running southerly along the center line of said railroad side tract to its intersection with the east margin of the right-of-way of the Valdosta Southern Railroad; thence running southerly along the east margin of said last mentioned right-of-way to the original south line of land lot number 63 in the 11th land district of Lowndes County, Georgia; thence running easterly along said south line of said lot number 63 a distance of 276.5 feet; thence running north 1 degree west a distance of 316.1 feet; thence running north 89 degrees east to the west margin of the right-of-way of Madison Highway (Ga. State Highway No. 31); thence running northerly to the intersection of the east margin of said Madison Highway and the south margin of the new paved road which leads to said Madison Highway from a point on the west side of U. S. Highway No. 41 immediately north of the State Farmer's Market property in said county; thence running easterly along the southern margin of said new paved road to the east margin of the right-of-way of the Georgia Southern Florida Railway, Palatka Division; thence running southeasterly along the east margin of said last mentioned right-of-way to the southernmost corner of the State Farmer's Market property in said county; thence running north 40 degrees 32 minutes east seven hundred forty-seven (747) feet; thence running southeasterly parallel with the west margin of the right-of-way of U. S. Highway No. 41 (South Patterson Street) a distance of three hundred (300) feet; thence running north 40 degrees 32 minutes east to the east margin of the last mentioned highway right-of-way; thence running northerly along the east margin of said U. S. Highway right-of-way to the east margin of South Lee Street; thence running northerly along the east margin of South Lee Street to the south margin of the right-of-way of Georgia State Highway No. 94; thence running easterly along the south margin of said State Highway No. 94 right-of-way to the original east line of land lot number 76 in the 11th land district of said county; thence running northerly along the east original

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lines of said lot number 76 and land lot 77 and 78 in said land district to the south margin of the right-of-way of the A. C. L. Railroad; thence running easterly along the southern margin of the last mentioned railroad right-of-way to the original west line of land lot number 153 in the 11th land district of said county; thence running northerly along the course of the said west line of said land lot number 153 to the center of the run of Knight's Creek; thence running in a general westerly direction up the meanderings of the center of the run of Knight's Creek to the original east line of the land lot number 106 in the 11th land district of said county; thence running due west to the east margin of the right-of-way of the Georgia Florida Railroad; and thence running northerly along the east margin of said Georgia Florida Railroad right-of-way to the north margin of the right-of-way of Georgia State Highway No. 31 and the point of beginning. Provided, however, that there is excepted and excluded from the territory with the corporate limits of said city the following described area, to wit: Beginning at the intersection of the west margin of South Patterson Street (U. S. Highway No. 41) in Lowndes County, Georgia with the south margin of Dampier Street, and from said intersection running westerly along the south margin of Dampier Street approximately 975 feet to the center of a drainage ditch or canal; thence running southerly along the center of said drainage ditch to the north margin of the right-of-way of a new paved street or road lying immediately north of the State Farmer's Market in said county; thence running easterly along the north margin of the right-of-way of said new street or road to the west margin of the right-of-way of U. S. Highway No. 41; thence running northerly along the west margin of the right-of-way of said U. S. Highway No. 41 to a point 78 feet northerly from the north margin of Lela Avenue (measured along the west margin of the right-of-way of said U. S. Highway No. 41); thence running southwesterly at right angles with said highway right-of-way a distance of four hundred sixty feet;

Page 3301

thence running northwesterly parallel with said highway right-of-way a distance of sixty feet; thence running northeasterly perpendicular to said highway right-of-way four hundred sixty feet to the west margin of said highway right-of-way; thence running northwesterly along the west margin of said highway right-of-way to the south margin of Dampier Street and the point of beginning. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. There is attached hereto and made a part of this Act a copy of the published notice of intention to apply for the passage of this Act and a certificate of the publisher of The Valdosta Daily Times, the newspaper in which sheriff's advertisements for Lowndes County are published, certifying that said copy is true and correct and that the same has been published as provided by law. Notice of Intention to Apply for Local Legislation. To whom it may concern: Notice is hereby given that application will be made to the 1956 session of the General Assembly of Georgia for the passage of a bill amending the charter of the City of Valdosta, which bill shall be entitled as follows: A bill entitled: An Act to amend the charter of the City of Valdosta as set forth in the Act of the General Assembly of Georgia incorporating said city, approved November 21, 1901 (1901 Ga. L. pp. 670 to 688, inclusive), and Acts amendatory thereof; to alter, relocate and redefine the corporate limits of said city; and for other purposes. B. Lamar Tillman, City Attorney. Georgia, Lowndes County. I, E. M. Turner, do hereby certify and on oath depose and say that I am the acting publisher of The Valdosta

Page 3302

Daily Times which is the newspaper in which sheriff's advertisements for Lowndes County, Georgia are published; that the attached and foregoing instrument entitled Notice of Intention to Apply For Local Legislation is a true and correct copy of a notice which was published in said newspaper once a week for three weeks on the 20th and 27th days of January and the 3rd day of February in the year 1956; and that said notice has been published as provided by law and as prescribed by Article III, Section VII, Paragraph XV of the Constitution of Georgia. /s/ E. M. Turner. Sworn to and subscribed before me, this 4th day of February, 1956. /s/ Hazel Pollard, Notary Public, Lowndes County, Georgia. Notary Public, Lowndes County, Ga. My commission expires March 14, 1959. (Seal) Approved March 9, 1956. JESUP CHARTER AMENDED. No. 398 (House Bill No. 615). An Act to amend an Act creating a new charter for the City of Jesup, approved December 16, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1142), as amended particularly by an Act approved March 7, 1955 (Ga. L. 1955, p. 2858), so as to change the fiscal year; to change the provisions as to the budget of said city; to change the provisions as to returns of property in said city; to authorize the governing authority of said city to close streets; to provide for underground utilities; to provide an effective date; to provide for the compensation of election managers; to repeal conflicting laws; and for other purposes.

Page 3303

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Jesup, approved December 16, 1937 (Ga. L. 1937-38, Ex. Sess., p. 1142) as amended particularly by an Act approved March 5, 1955 (Ga. L. 1955, p. 2858), is hereby amended by striking Section 26 and in lieu thereof inserting the following: Section 26. At least five (5) days before any regular or special election to be held in said city, the board of commissioners shall select and appoint a justice of the peace, a notary public and an ex officio justice of the peace, or the Ordinary of Wayne County and two freeholders as election managers to hold such election. Before entering upon their duties as such election managers, each of them shall take and subscribe the regular oath prescribed by election managers in the State of Georgia. The board of commissioners shall determine the compensation of election managers. Election managers. Section 2. Said Act is further amended by striking Section 46 and in lieu thereof inserting the following: Section 46. The fiscal year of the city shall begin on the first day of January and end on the last day of December of each year. Such fiscal year shall also constitute the budget and accounting year. Fiscal year. Section 3. Said Act is further amended by striking Section 49 and in lieu thereof inserting the following: Section 49. The city manager, at least 45 days prior to the beginning of each budget year, shall submit to the board of commissioners a budget and an explanatory budget message in the form and with the contents hereinafter set forth. The budget and budget message and all supporting schedules shall be a public record in the office of the city clerk, open to public inspection. Upon receipt of said budget and budget message, the

Page 3304

board of commissioners shall, after making such amendment or amendments thereto as they deem necessary, adopt such budget and make such budget the ruling factor in the annual fiscal affairs of the city, said budget to be adopted not later than the first regular meeting of each fiscal year. Should the board of commissioners take no final action on or prior to such day, the budget, as submitted, shall be deemed to have been finally adopted by the board of commissioners. Budget. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several objects and purposes therein named, and no appropriation shall be exceeded nor shall any funds be allotted from one department to another without the express consent and approval of the board of commissioners. From the effective date of the budget, the amount stated therein as the amount to be raised by ad valorem tax shall constitute a determination of the amount of the levy for the purpose of the city, in the corresponding tax year, without any further action on behalf of the board of commissioners; provided, however, that said ad valorem tax shall not exceed 2 percent upon the value of the property taxed, or twenty mills on the dollar. The budget message submitted by the city manager to the board of commissioners shall be explanatory of the budget, shall contain an outline of the proposed financial policies of the city for the budget year and shall describe in connection therewith the important features of the budget plan. It shall contain the estimated tax levy required to produce an amount of income which, together with the estimated income from all other sources, will equal the appropriations contained in the budget. It shall also contain a capital program of proposed capital projects for the five fiscal years next succeeding the budget year, prepared by the planning commission. Section 4. Said Act is further amended by striking Section 57 and in lieu thereof inserting the following:

Page 3305

Section 57. All persons owning property in said city shall be required to make a return, under oath, annually, to the board of commissioners of all their property, real and personal, subject to ad valorem taxation by said city, as of the first day of January in each year; and the books for recording same shall be opened on the first day of January and closed on the first day of March of each year, provided that if either of said days shall be Sunday the following day shall be the opening or closing day, as the case may be. Tax returns Section 5. Said Act is further amended by striking Section 58, which reads: Section 58. Be it further enacted that at the first regular meeting in July of each year, held by the mayor and councilmen, the mayor and council shall pass an ordinance levying ad valorem taxes and fixing the rate of levy in said city, and at the same time pass and adopt an ordinance providing for the manner in which the said ad valorem taxes shall be paid, in order for the taxpayer to secure the benefit of the discount herein provided. in its entirety. Tax ordinance. Section 6. Said Act is further amended by striking Section 59 and in lieu thereof inserting the following: Section 59. The board of commissioners shall, not later than the first regular meeting in December in each year, pass and adopt a license tax ordinance providing for the collection of all special taxes, licenses, and income taxes, as may be determined by the board of commissioners, and all such taxes shall be and become due upon the first day of January in each year. License tax ordinance. The board of commissioners may by ordinance designate the time within which all taxes shall be paid, including authority to accept payment of taxes in installments, upon such conditions as the board of commissioners may deem proper. Section 7. Said Act is further amended by adding a new section to be known as 88A, to read:

Page 3306

Section 88A. The board of commissioners is hereby authorized to close and abandon any street or alley, or portion thereof, no longer needed or used upon the written consent of all property owners abutting any street or alley, after advertisement in the official gazette of the city for three weeks. Abandonment of streets, etc. Section 8. The provisions of this Act shall become effective as of January 1, 1957. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Wayne County: In person appeared before me, the undersigned attesting officer, W. B. Rhoden, who, after being duly sworn, on oath deposes and says that he is publisher of The Jesup Sentinel, a newspaper published in said county, and in which the advertisements of the sheriff of said county are published and that the attached notice of proposed legislation has been published in The Jesup Sentinel on the following dates: January 19, 1956, January 26, 1956 and February 2, 1956. /s/ W. B. Rhoden. Sworn to and subscribed before me. this the 9th day of February, 1956. /s/ William A. Zorn, Notary Public, Wayne County, Ga. Notary Public, Wayne County, Ga. My commission expires. William A. Zorn. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to amend the charter of the City of Jesup, so as to change the fiscal year; to authorize the board of commissioners to close streets under certain conditions; to authorize the board of commissioners to require underground

Page 3307

utility lines in certain areas; to authorize the board of commissioners to fix the compensation of election managers; to prescribe the procedure connected with the foregoing; to provide an effective date and for other purposes. This 25th day of January, 1956. Robert L. Harrison, Representative, Wayne County. 26-2-9-cofj. Approved March 9, 1956. COLQUITT COUNTY WATER DISTRICTS. No. 401 (House Bill No. 199). An Act to create water districts in Colquitt County, each separate and distinct from the other, known respectively as the Sylvester Drive Water District, the East Moultrie Water District and the South Moultrie Water District, as political subdivisions and public corporations of the State of Georgia; to provide for the area of each such district; to provide for a governing authority for each such district, and for the qualifications of members thereof and methods of appointment; to provide for the purposes of said districts and the organization, duties and powers of the district boards; to provide for issuing of revenue bonds and certificates and for the validation thereof; to provide for projects, including the water systems, fire departments, and sewerage systems, and for the financing and operation thereof; to provide for the right and power to operate such water and sewerage systems and fire departments in said districts to the exclusion of other such systems or operations; to provide for the fixing of rates, fees, tolls and charges for the services, facilities and commodities furnished; to provide for rules and regulations; to repeal conflicting laws; and for other purposes.

Page 3308

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, as follows: Section 1. There are hereby created bodies corporate and politic, each separate and distinct from the other, to be known respectively as the Sylvester Drive Water District the East Moultrie Water District, and the South Moultrie Water District, each of which shall be deemed to be a political subdivision of the State of Georgia and a public corporation. Water districts Section 2. Each of said water districts, by its respective name, style and title may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. Section 3. Each of the said water districts shall have a governing authority, in which all powers of the district shall be vested, known as a district board. The said district boards shall be known, respectively, for each of the water districts herein created, as the Sylvester Drive Water District Board, the East Moultrie Water District Board, and the South Moultrie Water District Board, and each shall be separate and distinct from the other and have authority to govern its own district. Each such district board shall consist of three members, each of whom shall be a resident of the district governed by said board. District boards. Section 4. As to each of said named district boards, the following shall apply: The original members, in the order hereinafter named, shall hold office for terms ending the first Tuesdays in March, 1958, 1959 and 1960, respectively. Succeeding board members shall be appointed and vacancies filled by the Board of Commissioners of Colquitt County, and, after the original terms herein defined, each board member shall be appointed for a term of three (3) years. Each term of office shall expire upon the first Tuesday in March at the end of the third year in office, except as to the original terms which shall expire as hereinabove provided, at which time the

Page 3309

said Board of Commissioners of Colquitt County shall appoint the successor to the member whose term then expires. All board members shall hold office until their successors are named, appointed and qualify. Immediately after appointment, board members shall enter upon their duties. The Board shall elect one of its members as chairman. Two members of the board shall constitute a quorum for the transaction of business. The members of the board shall be entitled to no compensation. However, all members shall be reimbursed for their actual expenses incurred in the performance of duties. The board shall make rules and regulations for its own government. It shall have perpetual existence. Appointment, terms, etc. Section 5. The Sylvester Drive Water District shall comprise the following territory in Colquitt County: that area comprising a rectangle whose south boundary is the original north limits line of the City of Moultrie (as defined in the city charter now in force) extended and projected eastward five (5) miles and westward five (5) miles, whose north boundary is a line parallel to, and the same length as, the said south boundary, lying a distance of five (5) miles north thereof, and whose east and west boundaries are lines running north and south joining respectively the corresponding ends of the said north and south boundaries. The following named persons are hereby designated and appointed as the original members of the Sylvester Drive Water District Board to serve, respectively, for the terms hereinabove provided and until their successors are named, appointed and qualify, to wit: W. Lonnie Taylor, J. C. Prince and Howard Bridges. Sylvester Drive Water District. Section 6. The East Moultrie Water District shall comprise the following territory in Colquitt County: that area comprising the territory immediately east of the City of Moultrie (as presently constituted) whose boundaries shall be the present city limits line beginning at the northeast corner (as defined in its present charter) of said city and running along the said limits line to the southeast corner (as defined in its present charter) thereof, a line running east from the northeast corner of said city a distance

Page 3310

of five (5) miles, a line running east from the southeast corner of said city a distance of five (5) miles, and a line running north and south connecting the east ends of the last two lines. The following named persons are hereby designated and appointed as the original members of the East Moultrie Water District Board to serve, respectively, for the terms hereinabove provided and until their successors are named, appointed and qualify, to wit: J. W. Peacock, Harry Phelps and James L. Burgess. East Moultrie Water District. Section 7. The South Moultrie Water District shall comprise the following territory in Colquitt County: that area comprising a rectangle whose north boundary is the original south limits of the City of Moultrie (as defined in the city charter now in force) extended and projected eastward five (5) miles and westward five (5) miles, whose south boundary is a line parallel to, and the same length as, the said north boundary lying a distance of five (5) miles south thereof, and whose east and west boundaries are lines running north and south joining respectively the corresponding ends of the said north and south boundaries. The following named persons are hereby designated and appointed as the original members of the South Moultrie District Water Board to serve, respectively, for the terms hereinabove provided and until their successors are named, appointed and qualify, to wit: Sam J. Gardner, Jr., Homer Stark and Matt Friedlander. South Moultrie Water District. Section 8. The provisions of this law shall apply to each of the three water districts hereby created, except where the provisions hereof are, by the terms hereof, related exclusively to one or the other of said districts. Section 9. As used in this Act, the following words and terms shall have the following meanings: (a) The word district shall mean and refer to each of the three bodies politic and the organization of each hereby created and the authority of each hereby conferred, as well as the territory comprising each, as appears appropriate in the use of the term herein. (b) The word project shall be deemed to mean and

Page 3311

include the acquisition and construction of all necessary and usual water facilities useful and necessary for the obtaining of one or more sources of water supply, the treatment of water and the distribution and sale of water to users and consumers, including counties and municipalities for the purpose of resale, within and without the territorial boundaries of the district and the operations, maintenance, additions, improvements and extensions of such facilities so as to assure an adequate water utility system deemed by the district necessary or convenient for the efficient operation of such type of undertaking. The word project shall also include the acquisition and construction of a fire department and all buildings and equipment useful, necessary and incidental to the operation thereof, for the adequate protection of property within or without the said district from destruction or damage by fire. The word project shall also include the acquisition and construction of a sewerage system, within or without said district. Definitions. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expense, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, the placing of the same in operation, and the condemnation of property necessary for such construction and operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds and bonds, as used

Page 3312

in this Act, shall mean revenue certificates as defined and provided for in the Revenue Certificate Law of Georgia (Ga. L. 1937, p. 761, as amended) and such type of obligations may be issued by the district as authorized under said Revenue Certificate Law. (e) Any project shall be deemed self-liquidating if, in the judgment of the district, the revenues and earnings to be derived by the district therefrom will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal and interest of the revenue bonds which may be issued for the cost of such project or projects. Section 10. The district shall have powers: (a) To have a seal and alter the same at pleasure; (b) 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; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable to the condemnation of property for public use, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the district, the district being under no obligation to accept and pay for any property condemned under this Act except from the funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the district and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance

Page 3313

exists, unless at the time such property is so acquired a sufficient sum of money be doposited in trust to pay and redeem the fair value of such lien or incumbrance; and if the district 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 hereby authorized to convey, for and in behalf of the State, title to such lands to the district upon payment to the State Treasurer for the credit of the general fund of the State of the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the district; Powers of districts (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, 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 erected or acquired, and any and all persons, firms and corporations and any and all political subdivision, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the district upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the district to enter into contracts, lease agreements, or other undertakings relative to the furnishing of water, sewer, fire protection and related services and facilities by the district to such municipal corporations, counties, other water districts, persons, firms or corporation for a term not exceeding 50 years; (f) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole or in part from the

Page 3314

proceeds of revenue bonds of the district or from such proceeds and any grant from the United States of America or any agency or instrumentality thereof, or from any other source; (g) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America, or such agency or instrumentality, may impose; (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (j) To extend and/or operate any project, or the services thereof, including the water system, fire protection and sewerage system in any territory within or without the limits of Colquitt County, except that said district shall not extend any such project into, or operate the same within, the territory of any other incorporated municipality or water district, without the permission of the governing body of said municipality or water district being first obtained; and (k) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 11. The district is granted the exclusive right, after acquiring existing utilities or facilities either by purchase of or by the exercising of the right of eminent domain over such existing utilities or facilities, to construct, install, maintain and operate water systems, fire departments and sewage system within the district or within any particular area therein where the exercise of such

Page 3315

right is desired by the district. Provided, however, that any existing utility or facility may continue to be operated until it is purchased or acquired by the district and provided further that the provisions of this section shall be held to be a limitation on the exclusive character only of the rights and powers conferred by this Act. Operation of water systems. Section 12. Said district shall not operate or construct any project for profit. The district is authorized to prescribe and fix and collect rates, fees, tools and charges, and to revise same from time to time, for the services, facilities or commodities furnished, and, in anticipation of the collection of the revenues of such undertaking or project, to issue negotiable revenue certificates, and to have them confirmed and validated, under the terms, and in accordance with the provisions, of the Revenue Certificate Law of Georgia (Ga. L. 1937, p. 761, as amended), to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of the water utility system, sewer system, or fire protection system, or all three such systems together, and to pledge to the punctual payment of said certificates 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. The petition for validation shall also make party defendant to such action any municipality, county, authority, water district, subdivision, or instrumentality of the State of Georgia which has contracted with the district for the services and facilities of the water system, sewer system or fire protection system for which certificates are to be issued and sought to be validated and such municipality, county, authority, water district, subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the district. The bonds when validated, and the judgment of validation shall be final and conclusive with

Page 3316

respect to such bonds, against the district issuing the same, and any municipality, county, authority, water district, subdivision or instrumentality contracting with the said district. No such certificate shall be a personal or general obligation of any member of the district board or officer of the district, and none of such members or officers shall be personally liable thereon. The rates, fees, tolls and charges shall be such as will produce revenues only in amounts sufficient, together with other funds of the district, to pay principal and interest on certificates and obligations of the district; to provide for maintenance and operation of the project and to create and maintain a reserve to meet interest and principal payments due on any certificate in any one year after issuance thereof, and to provide reasonable reserve for the expansion of the facilities and services of the district. Revenue certificates Section 13. It shall be the duty of the district to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which water service and facilities shall be furnished; provided, however, that customers of the water system shall be served without unreasonable discrimination among them, and all applicants for water, where they are located along the lines of the water system or situated with respect to the lines of said system similarly to customers thereof, and where the capacity of the system will permit, shall be connected or allowed to connect with the said water system. Rules and regulations for projects. Section 14. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 15. The provisions of this Act and the rights and powers herein granted and conferred shall not restrict the power and authority of the Board of Commissioners of Colquitt County, existing or hereafter granted, to own, construct, operate and maintain water and sewerage

Page 3317

system and fire protection systems, in said county, and to issue revenue certificates; provided, however, that prior to constructing, operating or maintaining any such systems within the territorial limits of any of the water districts herein created, the permission of the district board of the district affected shall be obtained and evidenced by formal resolution of such district board. County systems. Section 16. Notwithstanding the geographical descriptions herein of the three water districts hereby created, any parts of the described areas of any of said districts which are within the corporate limits of the City of Moultrie at the time of the passage of this Act shall not become a part of any of said water districts. City of Moultrie. Section 17. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to apply for local legislation at the next session of the General Assembly of Georgia (beginning on January 9, 1956) to create a water district composed of the following territory in Colquitt County: that area comprising a rectangle whose south boundary is the original north limits line of the City of Moultrie (as defined in the city charter now in force) extended and projected eastward five (5) miles, and westward five (5) miles, whose north boundary is a line parallel to, and the same length as, the said south boundary, lying a distance of five (5) miles north thereof, and whose east and west boundaries are lines running north and south joining respectively the corresponding ends of the said north and south boundaries. Notice of Local Legislation. Notice is hereby given of intention to apply for local legislation at the next session of the General Assembly of Georgia (beginning on January 9, 1956) to create a water district composed of the following territory in Colquitt County: That area comprising the territory immediately

Page 3318

east of the City of Moultrie (as presently constituted) whose boundaries shall be the present city limits line beginning at the northeast corner of said city and running along the said limits line to the southeast corner thereof, a line running east from the northeast corner of said city a distance of five (5) miles, a line running east from the southeast corner of said city a distance of five (5) miles, and a line running north and south connecting the east ends of the last two lines. Notice of Local Legislation. Notice is hereby given of intention to apply for local legislation at the next session of the General Assembly of Georgia (beginning on January 9, 1956) to create a water district composed of the following territory in Colquitt County: that area comprising a rectangle whose north boundary is the original south limits of the City of Moultrie (as defined in the city charter now in force) extended and projected eastward five (5) miles and westward five (5) miles, whose south boundary is a line parallel to, and the same length as, the said north boundary lying a distance of five (5) miles south thereof, and whose east and west boundaries are lines running north and south joining respectively the corresponding ends of the said north and south boundaries. Georgia, Colquitt County. Before me, the undersigned officer duly authorized by law to administer oaths, personally appeared Annie Mae Adams, who, first being duly sworn, on oath, deposes and says that she is the treasurer of the Observer Publishing Company, a domestic corporation of said county, and the publisher of the Weekly Moultrie Observer, a newspaper published in the City of Moultrie, Colquitt County, Georgia, the same having general circulation in said city and county and being the official organ of said county are which the sheriff's advertisements for said county are published and that the above and foregoing notices of intention to apply for local legislation at the present session of the General Assembly of Georgia are true and

Page 3319

correct copies of the notices which were published in said newspaper in the issues of November 25, December 2 and December 9, 1955. /s/ Annie Mae Adams. Sworn to and subscribed before me, this 17th day of January, 1956. /s/ R. Lamar Moore, Notary Public, Colquitt County, Ga. My commission expires June 28, 1959. (Seal Affixed) Approved March 9, 1956. CITY COURT OF BAXLEY. No. 403 (House Bill No. 548). An Act to amend an Act establishing the City Court of Baxley, in Appling County, Georgia, approved December 1, 1897 (Ga. L. 1897, p. 420), as amended, so as to provide for regulating the number, compensation, and qualifications of jurors; to fix and regulate the terms of said court; to provide for the jurisdiction of said court; to provide for the compensation of the solicitor out of bond forfeitures; to provide for the term of office of the solicitor; to provide for compensation of other officers of the court; to clarify the provisions of said Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Baxley, in Appling County, Georgia, approved December 1, 1897 (Ga. L. 1897, p. 420), as amended, is hereby amended by striking all of the sections of said Act and inserting in lieu thereof the following new sections:

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Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act, the City Court of Baxley is hereby established, to be organized, located and held in the City of Baxley, in Appling County, Georgia, with jurisdiction, civil and criminal, over the entire County of Appling. Court established. Section 2. Be it further enacted by the authority aforesaid, that the City Court of Baxley shall have jurisdiction to try and dispose of all cases of whatever nature, except those cases over which exclusive jurisdiction is vested in other courts by the Constitution of Georgia; and except any civil cause which, under the law, may be brought in a justice court. Jurisdiction. Section 3. Be it further enacted by the authority aforesaid, that said City Court of Baxley shall have jurisdiction to try and dispose of all criminal cases for all offenses committed in the County of Appling, when the offender is not subject to loss of life or confinement in the penitentiary. Same. Section 4. Be it further enacted by the authority aforesaid, that there shall be a judge of said City Court of Baxley, who shall be elected by the qualified voters of the County of Appling, and whose term of office shall be four years. All vacancies in said office shall be filled by holding a special election for the purpose of electing a new judge for the unexpired term. The judge of said City Court of Baxley shall receive a salary of one thousand, eight hundred dollars ($1,800.00) per year, which shall be paid monthly out of the treasury of the County of Appling. Judge. Section 5. Be it further enacted by the authority aforesaid, that any person who shall be appointed judge of said city court must at the time of said appointment be at least twenty-four years of age; he must also have been a resident of Appling County at least two years immediately preceding his appointment, and of good

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moral character. Before entering upon the discharge of the duties of his office he shall take and subscribe the following oath: `I solemnly swear that I will administer justice without respect to persons, and do equal right to the poor and rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as judge of the City Court of Baxley, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States, so help me God.' Said judge shall have the right to practice law in all courts, except the City Court of Baxley. His qualifications. Section 6. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said City Court of Baxley, who shall be elected by the qualified voters of Appling County at the same time as the general election is held for members of the General Assembly from Appling County last preceding his term of office, whose term of office shall be four years beginning with the first day of January immediately following his election. The first such four-year term shall begin with January 1, 1959, and the person elected therefor shall be elected at the aforesaid election in the year 1958. The person elected in the year 1956 shall be elected for a term of two years. The fees of said solicitor shall be as follows: He shall be paid a salary of twelve hundred dollars ($1,200.00) out of the treasury of Appling County, to be paid monthly upon orders granted by the ordinary thereof at the end of each month, which salary shall be full compensation for all services rendered in said City Court of Baxley of every kind whatever. Said solicitor shall receive the sum of $50.00 for each case carried to the Supreme Court or Court of Appeals of this State in which said solicitor represents the State. Solicitor. Section 7. Be it further enacted by the authority aforesaid, that there shall be a clerk of said court, who shall hold his office for a term of two years. The fees of the clerk of said city court shall be the same as are now, or may hereafter be allowed by law to the clerk of the

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superior court. The clerk of the Superior Court of Appling County shall be the clerk of the City Court of Appling County. Clerk. Section 8. Be it further enacted by the authority aforesaid, that there shall be a sheriff of said court and in his official connection with said court shall be known as the sheriff of the City Court of Baxley. Before entering upon the discharge of the duties of his office he shall execute a bond with good security in the sum of five thousand dollars ($5,000.00) for the faithful discharge of the duties of his office. He shall have power, with the consent of the judge of said court, to appoint a deputy, who shall, before entering upon the discharge of the duties of his office, give a bond in the sum of two thousand ($2,000.00) dollars, conditioned as the bonds of other deputy sheriffs. Said sheriff shall receive the same fees as are now or may be hereafter allowed by law to the sheriff of Appling County, and for his attendance at the regular terms of said city court he shall receive the same pay, to be paid him in the manner as now or may hereafter be allowed him for similar services in the Superior Court of Appling County. The sheriff of said city court shall receive the same fees in all suits where the principal sum involved is $100.00 or less as the sheriff of the superior court of said county receives for like services. Sheriff and deputies. Section 9. Be it further enacted by the authority aforesaid, that the judge of the City Court of Baxley is empowered to exercise the same authority over the clerk and sheriff and deputy sheriff of said court as may be exercised by the judges of the superior courts over the clerks; sheriffs and deputies in the counties in Georgia. Judge's power. Section 10. Be it further enacted by the authority aforesaid, that the judge of the City Court of Baxley shall have authority to issue criminal warrants, warrants to dispossess tenants holding over and intruders, to issue distress warrants, to issue attachments and garnishments, to attest deeds and other papers and take affidavits anywhere in this State; and said judge, solicitor, clerk and

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sheriff and his deputy shall have power to administer all oaths and do all other official acts pertaining to their offices, respectively, as the judge and other officers of the superior court may, in like cases, do. Said judge shall also have the power to issue writs of habeas corpus and hear and determine the same as judges of the superior courts may do; to take testimony to be taken to be used de bene esse and for the purpose of perpetuating testimony within his jurisdiction, and generally to do all acts which the judges of the county courts of this State are authorized to do, unless otherwise provided in this Act. And said judge of the City Court of Baxley shall have all the powers and authority throughout his jurisdiction of judges of the superior courts, except where, by law, exclusive powers and authority is vested in the judges of the superior courts, and all laws relating to and governing judges of the superior courts shall apply to the judges of the city court, so far as the same may be applicable, except as herein provided. Section 11. Be it further enacted by the authority aforesaid, that the regular City Court of Baxley shall be held on the first Monday in May and the second Monday in November of each year, and that non-jury terms shall be held in said court on the first Monday in February and the first Monday in August of each year. The judge shall convene said court on the above stated dates and hold said court in session from day to day for a period of not longer than four weeks from the beginning of each term. The judge, at the beginning of each jury term, shall cause a traverse jury to be impanelled for the purpose of selecting jurors to try cases during said term. Terms. Section 12. Be it further enacted by the authority aforesaid, that suits in said city court shall in all respects be conformable to the mode of proceedings in the superior courts, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, shall be attested in the name of the judge thereof, and be directed to and served by the sheriff of the City Court of Baxley or his deputy thereof, and all executions

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issuing from said court shall be attested in the name of the judge and signed by the clerk, and directed to the sheriff or his deputy of the City Court of Baxley, and to all and singular the sheriffs or their deputies of the State of Georgia. Writs, executions, etc. Section 13. Be it further enacted by the authority aforesaid, that in all matters pertaining to service and pleading and practice, the laws governing the superior court, when not inconsistent with this Act and unless otherwise specially provided by this Act, shall be applicable to said city court. Pleading and practice rules. Section 14. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power and authority to hear and determine all civil cases of which said court has jurisdiction, and to give judgment therein; provided that either party in any civil case pending in said court shall be entitled to a trial by jury in said court upon entering a demand therefor by himself or his attorney, in writing, on or before the call of the appearance docket, at the appearance term of said case, in all cases in which said party may be entitled to a trial by jury under the Constitution and laws of this State. Trials. Section 15. Be it further enacted by the authority aforesaid, that said court shall have jurisdiction of all claim cases where personal property is levied under process from said court, which claims shall be tried in the same manner as claims in the superior court, except that the pleadings in the case shall make the issue, and it shall be unnecessary for the parties to tender and join issue in claim cases, as is practiced in other courts. Claims. Section 16. Be it further enacted by the authority aforesaid, that all laws upon the subject of attachments and garnishments, in the superior courts of this State, shall apply to said city court so far as the nature of the city court will admit. The judge of said city court or any other officer authorized by law to issue attachments may issue attachments returnable to said city court, under the

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same laws that govern the issuing of attachments in the superior courts, and all attachments returnable to the City Court of Baxley shall be directed to all and singular the sheriffs and constables of this State, and may be signed by the sheriff of the city court or his deputy, or any sheriff or constable or other officer authorized by law to levy attachments returnable to other courts. Attachments, garnishments. Section 17. Be it further enacted by the authority aforesaid, that garnishment proceedings in said city court shall be conformable to the laws of the State on the subject in the superior court. Section 18. Be it further enacted by the authority aforesaid, that all proceedings to make parties in any cause in the city court shall conform to the laws on that subject in the superior court. Section 19. Be it further enacted by the authority aforesaid, that the general laws of this State, as respects the commencement of suits, the appearance date, the trial term, the time of commencement of suit, the time in which all defensive pleadings must be filed, the time in which all demurrers and pleas of the plaintiff to the defendant's answers or other pleadings must be filed, and all general laws of this State with regard to defenses, setoffs, affidavits of illegality, arbitration, examination of witnesses by interrogatory, deposition or under subpoena, witnesses and their attendance, continuance, and all other matters pertaining to pleading and practice and all matters of a judicial nature within the jurisdiction of said city court, as now or hereafter provided by general law for the superior courts, shall be applicable to said city court. Pleading and practice. Section 20. Be it further enacted by the authority aforesaid, that the City Court of Baxley shall be a court of record and shall have a seal, and the minutes, records, dockets and other books and files that are required by law to be kept for the superior court, shall be kept in and for said city court and in the same manner, and all

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laws applicable to the duties of the clerk and sheriff in the superior court, except where they conflict with the provisions of this Act. Court of record. Section 21. Be it enacted by the authority aforesaid, that all laws regulating the enforcement of judgments of the superior courts, whether civil or criminal, shall apply to said city court, and executions shall issue and be levied and sales be had thereunder under the same rules and laws regulating the same in the superior courts. Enforcement of judgments. Section 22. Be it further enacted by the authority aforesaid, that the judge of the City Court of Baxley shall have the same power to enforce his orders, to preserve order, punish contempt and to enforce all his judgments as is vested by law in the judges of the superior courts of this State. Section 23. Be it further enacted by the authority aforesaid, that traverse jurors in the City Court of Baxley shall be procured in the following manner: The clerk of said court shall provide a city court jury box, similar to the traverse jury box at the superior court, and shall write upon separate pieces of paper the names of each person upon the grand jury list of the superior court, and of each person on the traverse jury lists of the superior court, and shall place said names of all persons on said superior court list in the city court jury box, from which shall be drawn traverse jurors to serve in the city court. All laws with reference to the drawing and summoning and empanelling traverse jurors in the superior courts shall apply to the City Court of Baxley, and said city court judge shall have the same power to summon tales jurors for the city court that the judges of the superior courts have for the superior courts. Jurors in said city court shall receive the same pay and be paid in the same manner and under the same rules and regulations as jurors in the superior courts, or as may hereafter be paid. Jurors. Section 24. Be it further enacted by the authority aforesaid, that all laws with reference to the qualifications,

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empaneling, challenging and fining jurors, now of force or hereafter to be enacted regulating the same in the superior courts, shall apply to and be observed in said city court, except when inconsistent with the provisions of this Act. In all civil cases where a demand for trial by the jury is made, the parties shall be entitled to a panel of eighteen from which to strike. Each party shall be entitled to three peremptory challenges each. In all criminal cases, the defendant shall be entitled to a panel of thirteen jurors with three peremptory challenges for the defendant and three peremptory challenges for the State, and all laws and rules governing the selection of juries in the superior court shall apply to the City Court of Baxley, unless inconsistent with this Act. Same. Section 25. Be it further enacted by the authority aforesaid, that in all cases pending in said court in which a jury is demanded as provided for in this Act, such cases shall be tried at the next jury term of said court, provided always, that a reasonable time be granted to prepare such cases for trial. All civil cases in which no jury is demanded by either party, shall be tried at the next non-jury term of said court, and all criminal cases in which no jury is demanded by the defendant shall be tried by the court either in term time or at any time between the regular terms of said court, and said court shall be open for the trial of such criminal cases at all times. Trials. Section 26. Be it further enacted by the authority aforesaid, that defendants in criminal cases in said City Court of Baxley may be tried on written accusation setting forth plainly the offense charged, which accusation shall be signed by the prosecutor and by the prosecuting officer of said city court. Accusations. Section 27. Be it further enacted by the authority aforesaid, that when any criminal case in the city court, founded either upon indictment or presentment by a grand jury, or upon an accusation in said city court, is called for trial and before the arraignment of the defendant, the judge shall inquire of the defendant whether

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he demands a trial by jury, and the response of the defendant shall be entered on said indictment or accusation, and signed by the prosecuting officer in said court. If the defendant demands a trial by jury and the said court is not sitting at a regular term, the judge shall admit the defendant to bail to appear at the next regular term, or on the defendant's failure to give bond shall commit him to jail to await his trial at a regular term. If the defendant waives trial by jury then the judge of said court shall proceed to hear and determine such criminal cause without a jury; provided, always, that a reasonable time may be granted the State or defendant to procure witnesses. Trial of criminal cases. Section 28. Be it further enacted by the authority aforesaid, that the judge of the Superior Court of Appling County shall transfer any or all presentments or bills of indictment for misdemeanors to said city court for trial, the order so transmitting the same to be entered on the minutes of both courts. Misdemeanors Section 29. Be it further enacted by the authority aforesaid, that the judge of said court shall have the same power to appoint bailiffs at each term of the court that judges of the superior court have. Bailiffs Section 30. Be it further enacted by the authority aforesaid, that a writ of error direct from said City Court of Baxley to the Supreme Court of this State shall lie, upon a bill of exceptions filed under the same rules and regulations as govern and control the filing of bills of exceptions, and the issuing of writs of error in the superior court of this State. Writs of error. Section 31. Be it further enacted by the authority aforesaid, that all causes, civil and criminal, now pending and undisposed of in the county court of Appling County, shall be, and the same are hereby transferred to said City Court of Baxley, and the same shall be tried and disposed of as other cases in the City Court of Baxley. All dockets, records, books, and papers of the county court of Appling County shall be turned over to be used and

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disposed of by the City Court of Baxley. All final and other processes heretofore issued returnable to the county court of Appling County shall be returned to the City Court of Baxley. The judge and other officers of the City Court of Baxley shall have the power to issue and enforce in the name of the City Court of Baxley any and all processes in any case from the county court of Appling County, necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of the county court of Appling County. All fi. fas. and final processes not satisfied, issued from the county court of Appling County, may be levied and enforced by the officers of and in the same manner as similar papers from the City Court of Baxley. Section 32. Be it further enacted by the authority aforesaid, that the judge of said City Court of Baxley shall have power to grant new trials in all cases, civil and criminal, in said court upon the same terms and conditions and under the same laws and regulations in every respect governing the granting of new trials in the superior courts. All rules of pleading, practice and procedure governing motions for new trials in the superior courts shall apply to and govern the same in said city court. New trials. Section 33. Be it further enacted by the authority aforesaid, that whenever the judge of said city court is from any cause disqualified from presiding in any case, and the judge of the superior court on account of absence or other cause shall fail to preside in said court, as provided in the Constitution of this State, then upon consent of the parties or upon their failure or refusal to agree, said cause may be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. Judge pro hac vice. Section 34. Be it further enacted by the authority aforesaid, that the judge of said city court shall have power and authority to hire the convicts of said city court under and subject to the laws and regulations governing the hiring out of misdemeanor convicts of this State, and

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one-half of the money arising from such hire shall be paid into the county treasury and the other one-half shall be paid to the clerk of the said court, who shall include such monies with the sums used to pay insolvent cost bills of said court as provided for in Section 35 of this Act. Convicts. Section 35. Be it further enacted by the authority aforesaid, that at or within ten days after each regular term of said city court the clerk of said court shall distribute all fines and forfeitures and convict hire arising from cases tried in said court as follows: the solicitor shall receive one-fourth of all forfeited bond recognizances actually collected, which shall not include cash bonds, and the sheriff will be paid beforehand, his legal fees for making arrest and for taking appearance bonds which he has earned but has not actually collected. The remainder of the forfeited bond recognizances, fines, convict hire and other forfeitures arising in cases which originate in said city court, shall be further distributed in the following manner: one-third of such sum shall be paid over to the commissioners of roads and revenues of said county, who shall deposit same with the general funds of the county; one-third of such sum shall be paid over to the sheriff who shall apply same against the insolvent cost bills incurred by him in the performance of his duties for said court; one-third of such sum shall be retained by the clerk who shall apply same to the insolvent cost bills incurred by him in the performance of his duties for said court. Fines, forfeitures, etc. Section 36. Be it further enacted by the authority aforesaid, that the Ordinary of Appling County shall provide the necessary books for keeping the dockets, minutes and records of said city court and all other books and stationery necessary to run said court, and that said court may be held in the courthouse of Appling County, in said City of Baxley. Records. Courtroom. Section 37. Be it further enacted by the authority aforesaid, that in misdemeanor cases transferred from

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the superior court to the City Court of Baxley, the cost of the solicitor-general of the circuit shall be five dollars to be collected and paid as other costs in the city court. Transferred cases. Section 38. Be it further enacted by the authority aforesaid, that all laws and parts of laws in conflict with this Act be, and the same are, hereby repealed. Legal Ad. Notice of Intention to Apply for the Passage of a Local or Special Bill. Notice is hereby given that application will be made at the next session of the Georgia Assembly of Georgia for the passage of a bill: 1. Fixing and regulating the number, compensating and qualifications of jurors and panels of jurors serving in the City Court of Baxley and in the trial of case in the City Court of Baxley. 2. To fix and regulate the terms of the City Court of Baxley. 3. To provide for the jurisdiction of the City Court of Baxley. 4. To provide for and fix the compensation of the solicitor of the City Court of Baxley out of and concerning bond forfeitures. 5. To fix and provide for the term of the solicitor of the city court. 6. To fix and provide for the salaries, compensation and fees of the judge, and solicitor and other officers of the City Court of Baxley, and the distribution and proceeds of said court.

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This 29th day of December, 1955. Respectfully submitted, Wm. C. (Bill) Parker, Representative, Appling County, Georgia. 12/29, 1/5, 12 Georgia, Appling County. Baxley, Georgia, January 28, 1956. Personally appeared before the undersigned, an officer of said county and State duly authorized and empowered to administer oaths, Albert S. Jenkins who first being duly sworn on oath says that he is the editor and publisher of The Baxley News Banner, official organ of Appling County, Georgia, and that the herewith attached Notice of Intention to Introduce Local Legislation appeared as paid legal advertising in three consecutive weekly issues of said newspaper, to wit: on December 29, 1955; on January 5, 1956 and on January 12, 1956. This 28th day of January, 1956. /s/ Albert S. Jenkins. Sworn to and subscribed before me, this the 28th day of January, 1956. /s/ Jack W. Ballenger, Notary Public, Appling County, Georgia. My comm. expires Sept. 20, 1959. (Seal) Approved March 9, 1956. DEKALB COUNTY PLANNING COMMISSION. No. 407 (House Bill No. 244). An Act to enable DeKalb County to establish a planning commission and to enable the several municipalities

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lying wholly within the limits of DeKalb County to establish joint planning commissions with the county; to provide for the appointment of members to such commission; to provide for principal powers and duties of such planning commissions; to provide for the preparation and amendment of an overall plan for the orderly growth and development of said county and municipalities; to provide for the regulation of the location, height, bulk, number of stories, and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and courts, density and distribution of population, and uses of buildings, structures and land within all or specified portions of said county and within all of the municipalities; to provide for a county board of zoning adjustments and for a joint board of zoning adjustments; to provide for the appointment of members to such boards of zoning adjustments; to provide for duties and powers for said boards of zoning adjustments; to adopt procedures for processing and handling such zoning adjustments; to provide for the enforcement of ordinances, resolutions, and regulations enacted under this Act; to provide for the regulation relative to the recording of subdivision plats, to provide for enforcement of such regulations in reference to recording of plats; to provide for the establishment of an official map and amendments and changes thereto; to provide for the regulation of structures in mapped streets, proposed public open spaces, and proposed public building sites; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Planning commission: Creation and appointment. The governing authority of DeKalb County is authorized to create by resolution a county planning commission which shall be known as the DeKalb County Planning Commission. The planning commission shall consist of five citizens of the county appointed by the governing authority. The governing authority of each

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municipality lying wholly within the limits of DeKalb County by ordinance and the governing authority of DeKalb County by resolution are authorized to create a municipal-county planning commission. The municipal-county planning commission shall consist of five members, namely, three citizens of the municipality appointed by the municipal governing authority and two members of the county planning commission appointed by the county governing authority. The governing authority of the county or any city may, by resolution or ordinance duly adopted and entered upon the minutes of the meeting substitute the name of the county and the names of their city for the words municipal and county in the official title of their planning commission. Members of a planning commission may hold no other county office or position except that one member of each planning commission may be a member of the board of zoning adjustments. The appointing governing authority or authorities shall determine the amount of compensation, if any, to be paid to the members of a planning commission. Terms of members shall be four years or thereafter until their successors are appointed except that the terms of two of the initial members of the county planning commission shall be for one year, the respective terms of three of the initial members shall be for two, three and four years and the respective terms of the initial members of the municipal-county planning commission shall be two, three and four years. Any vacancy in the membership of a planning commission shall be filled for the unexpired term in the same manner as the initial appointment. The appointing county governing authority or municipal governing authority shall have authority to remove any member for cause stated in writing and after a public hearing. Section 2. Planning commission: Organization, rules, staff, and finances. The county governing authority shall appoint one member of the county planning commission to serve as chairman and the municipal governing authority shall appoint one member of the municipal-county

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planning commission to serve as chairman. The chairman of each commission shall serve for one year or until he is re-appointed or his successor is appointed. The planning commission shall appoint a secretary who may be an officer or an employee of the governing authority or of the planning commission. The planning commission shall meet at least once each month at the call of the chairman and at such other times as the chairman or the planning commission may determine, shall adopt rules for the transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. In the performance of its duties, the planning commission may cooperate with, contract with, or accept funds from Federal, State, or local, public or semi-public agencies or private individuals or corporations, may expend such funds, and may carry out such cooperative undertakings and contracts. The expenditures of the planning commission, exclusive of gifts to the planning commission or contract receipts shall be within the amounts appropriated for the purpose by the governing authority or authorities who are empowered to determine, agree upon, and appropriate funds for the payment of the expenses of the planning commission or their respective shares thereof. Section 3. Planning commission: Principal powers and duties. It shall be the function and duty of the county planning commission or the municipal-county planning commission to make such careful and comprehensive surveys and studies of existing conditions and probable future developments and to prepare such plans for physical, social, and economic growth as will best promote the public health, safety, morals, convenience, prosperity, or the general welfare as well as efficiency and economy in the development of its political jurisdiction. In particular, the planning commission shall have the power and duty to: 1. Prepare a master plan or parts thereof for the development of its political jurisdiction. 2. Prepare and recommend for adoption to the appropriate

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governing authority or authorities a zoning ordinance or resolution and map for its political jurisdiction or a specified portion thereof. 3. Prepare and recommend for adoption to the appropriate governing authority or authorities regulations for the subdivision of land within its political jurisdiction and to administer the regulations that may be adopted. 4. Prepare and recommend for adoption to the appropriate governing authority or authorities a plat or plats or an official map showing the exact location of the boundary lines of existing, proposed, extended, widened or narrowed streets, public open spaces or public building sites, together with regulations to control the erection of buildings or other structures within such lines, within its political jurisdiction or a specified portion thereof. Section 4. Planning commission: Miscellaneous powers. The county planning commission or the municipal-county planning commission may make, publish, and distribute maps, plans and reports and recommendations relating to the plan and development of its political jurisdiction to public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens. It may recommend to the executive or legislative officials of its political jurisdiction programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the planning commission, within a reasonable time, such available information as it may require for its work. The planning commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon, provided, however, that the planning commission shall be liable for any injury or damage to property resulting therefrom. In general, the planning commission shall have such powers as may be necessary to enable it to perform its functions and promote the planning of its political jurisdiction.

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Section 5. Planning commission: Reports on matters referred to it. The governing authority or authorities may by ordinance or resolution provide for the reference of any matter or class of matters to the planning commission serving its political jurisdiction before final action thereon by the public body or officer having final authority thereon, with the provision that final action thereon shall not be taken until said planning commission has submitted its report thereon or has had a reasonable time, to be fixed in said ordinance or resolution, to submit the report. Section 6. Master plan. It shall be the duty of the county planning commission or the municipal-county planning commission to make a master plan of its political jurisdiction and to perfect it from time to time. Such master plan may show among other things, existing and proposed streets, highways, expressways, bridges, tunnels and viaducts and approaches thereto, routes of railroads and transit lines, terminals, ports, airports, parks, playgrounds, forests, reservations, and other public open spaces, sites for public buildings and structures, districts for residence, business, industry, recreation, agriculture, forestry, special districts for other purposes, limited development districts for purposes of conservation, water supply, sanitation, drainage, protection against floods, and the like, areas for housing developments, slum clearance, and urban renewal and re-development, location of public utilities whether publicly or privately owned, including but not limited to sewerage and water-supply systems, zoning districts, and other planning features, together with time and priority schedules and cost estimates for the accomplishment of the proposals. The master plan shall be based upon and include appropriate studies of the location and extent of present anticipated population, social and economic resources and problems, and other useful data. Such plan may be adopted, added to, and changed from time to time, by a majority vote of the planning commission. It shall be a public record, but its purpose and effect shall be solely to aid in the planning commission in the performance of its duties.

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Section 7. Zoning: Grant of power. For the purpose of promoting the health, safety, morals, convenience, order, prosperity, or general welfare of the county or municipality, or both, the governing authorities of the county and municipality, respectively, are hereby empowered, in accordance with the conditions and the procedure specified in this Act, to regulate the location, height, bulk, number of stories and size of buildings and other structures, the percentage of lot which may be occupied, the size of yards, courts, and other open spaces, the density and distribution of population, and the uses of buildings, structurs, and land for trade, industry, residence, recreation, agriculture, forestry, conservation, water supply, sanitation, protection against floods, public activities, and other purposes. Such regulations shall be made in accordance with a comprehensive plan and shall be designated to lessen congestion in the streets; to secure safety from fire, panic, and other dangers, to promote health and the general welfare; to provide adequate light and air; to prevent the over-crowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, of the character of the district and its peculiar suitability for particular uses, and with a view to promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, conserving the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout such county or municipality, or both. Section 8. Zoning: Plan and ordinance. Whenever the county planning commission or the municipal-county planning commission makes and certifies to its governing authority or authorities a zoning plan, including both the full text of the recommended zoning ordinance or resolution or both, and the maps, for the entire unincorporated area of the county or for any census tract or tracts within

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the county or for land or water areas 500 feet wide on either side of any State or county highway or section of such highway or land or water areas 500 feet wide on either side of any water line of a stream or water reservoir or section thereof within the unincorporated area of the county or for the entire area of the municipality, then the governing authority of the county or municipality may exercise the powers granted to them in Section 7 of this Act and, for the purposes therein mentioned may divide the municipality or county or above specified portions of county into districts of such number, shape, and size as it may determine, and within such districts it may regulate the erection, construction, reconstruction, alteration, and use of buildings and structures and the uses of land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. The lawful use of any land, building or structure that was existing and lawful at the time of the enactment or amendment of zoning regulations may, except as hereinafter provided, be continued although such use does not conform with the provisions of such regulations or amendments (hereinafter called a non-conforming use). The governing authority of the county or municipality may provide in the zoning ordinance or resolution for the regulation of the continuance, restoration, re-construction, extension or substitution of a non-conforming use. Such governing authority may also provide for the termination of any use of a building or structure or land that is not in conformity with the regulations of the district within which it is located either by specifying the period or periods in which the non-conforming use shall be required to cease, or by providing a formula or formulas whereby the compulsory termination of a non-conforming use may be so fixed as to allow for the recovery or amortization of the investment in such non-conforming use. The interim zoning resolution of DeKalb County in force and effect as of the effective date of this Act shall remain in force and of full effect until the adoption of a zoning plan for the unincorporated area of DeKalb County.

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Section 9. Zoning: Method of procedure. Before enacting the zoning ordinance or resolution, the governing authority of the county or municipality shall hold a public hearing thereon, at least three weeks notice of the time and place of which shall be published in the newspaper where in the sheriff's advertisements of DeKalb County are published. No change in or departure from the text or maps, as certified by the county planning commission or the municipal-county planning commission, shall be made unless such change or departure be first submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the change or departure. Section 10. Zoning: Amendments. The zoning resolution or ordinance, including the maps, may be amended from time to time; but no amendment shall become effective unless it shall have been proposed by or shall first have been submitted to the planning commission for review and recommendation. The planning commission shall have 30 days within which to submit its report. If the planning commission fails to submit a report within the 30-day period, it shall be deemed to have approved the proposed amendment. The provisions of the previous section relative to public hearings and official notice shall apply equally to all amendments. Section 11. Zoning: Board of adjustments. The governing authority of the county may create by resolution a board of zoning adjustments or the governing authority of each municipality lying wholly within the limits of DeKalb County by ordinance and the governing authority of DeKalb County by resolution are authorized to create a joint board of zoning adjustments. The board of adjustments shall consist of five members, one of whom shall be a member of the county planning commission appointed by that body and four of whom

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shall be citizens of the county appointed by the governing authority of the county for terms of four years or thereafter until their successors are appointed except that the respective terms of the initial four appointive members shall be for one, two, three, and four years respectively. The joint board of zoning adjustments shall consist of five members, one of whom shall be a member of the municipal-county planning commission of the area served appointed by that body, two members shall be citizens of the county appointed by the governing authority of the county, and two members shall be citizens of the municipality appointed by the governing authority of the municipality. Terms of the members of the joint board of adjustments shall be for four years or thereafter until their successors are appointed except that the respective terms of the initial two county appointive members shall be for one and three years and the terms of the initial two municipal appointive members shall be for two and four years. Any vacancy in the membership of a board of zoning adjustments shall be filled for the unexpired term in the same manner as the initial appointment. The appointing county governing authority or municipal governing authority shall have authority to remove any member for cause stated in writing and after public hearing. The appointing governing authority or authorities shall determine the amount of compensation, if any, to be paid to the members of a board of zoning adjustments. Member of a board of zoning adjustments may hold no other county office or position except that one member of each board of zoning adjustments may be a member of the planning commission of the area served. The board of adjustments shall elect one of its appointive members as chairman, who shall serve for one year or until he is re-elected or his successor is elected. The board of adjustments shall appoint a secretary who may be an officer of the governing authority or of the planning commission. The board shall adopt rules in accordance with the provisions of any ordinance or resolution adopted pursuant to this Act. Meetings of the

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board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Appeals to the board of adjustments may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustments a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustments after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustments or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown. The board of adjustments shall fix a reasonable time for the hearing of the appeal or other matters referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

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The board of adjustments shall have the following powers: (1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of any ordinance or resolution adopted pursuant to this Act. (2) To hear and decide special exceptions to the terms of the ordinance or resolution upon which such board is required to pass under such ordinance or resolution. (3) To authorize upon appeal in specific cases such variance from the terms of the ordinance or resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance or resolution shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of adjustments that: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and b. The application of the ordinance or resolution to this particular piece of property would create an unnecessary hardship, and c. Such conditions are peculiar to the particular piece of property involved, and d. Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or resolution, provided, however, that no variance may be granted for a use of land or

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building or structure that is prohibited by the ordinance or resolution. In exercising the above powers, the board of adjustments may, in conformity with the provisions of this Act, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. Section 12. Zoning: Enforcement and remedies. The governing authority of the county or municipality may provide for the enforcement of any ordinance or resolution adopted pursuant to the provisions of this Act by means of the withholding of building permits and occupancy permits, and for such purpose may establish and fill the position of building inspector, individually or jointly. From and after the establishment of such position and the filling of the same, it shall be unlawful to construct, reconstruct, or alter any building or other structure without first obtaining a building permit from such building inspector or to use such building or structure or any land without first obtaining an occupancy permit from such building inspector; and such building inspector shall not issue any permit unless the requirements of this Act and of any ordinance or resolution adopted pursuant to it are complied with. A violation of any ordinance or resolution adopted pursuant to the provisions of this Act is hereby declared to be a misdemeanor and upon conviction thereof, shall be punished as provided by law. In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure or land is or is proposed to be used in violation of any ordinance or resolution adopted pursuant to this Act, the building inspector, municipal or county attorney, or other appropriate authority of the municipality or county or any adjacent or neighboring property owner who would be especially damaged by such violation may, in addition to other remedies, institute injunction, mandamus,

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or other appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate such violation, or to prevent the occupancy of said building, structure, or land. Each and every day such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense. Section 13. Zoning: Conflict with other laws. Whenever the regulations made under authority of this Act require a greater width or size of yards, courts, or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other more restrictive standards than are required in or under any other statute, the regulations made under authority of this Act shall govern. Whenever the provisions of any other statute require more restrictive standards than are required by the regulations made under authority of this Act, the provisions of such statute shall govern. Section 14. Subdivision regulation: Intent. The public health, safety, morals, and general welfare require the harmonious, orderly, and progressive development of land within DeKalb County and the municipalities situated therein. In furtherance of this purpose, regulation of the subdivision of land by the governing authority of the county and the governing authority of each municipality lying wholly within the limits of DeKalb County is authorized for the following purposes, among others: (1) To encourage the development of economically sound and stable communities; (2) To assure the provision of required streets, utilities, and other facilities and services to new land developments; (3) To assure the adequate provision of safe and convenient traffic access and circulation, both vehicular and pedestrian, in new land developments;

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(4) To assure the provision of needed public open spaces and building sites in new land developments through the dedication or reservation of land for recreational, educational, and other public purposes; and (5) To assure, in general, the wise development of new areas, in harmony with the master plan of the community. Section 15. Subdivision regulation: Planning commission as platting authority. From and after the time the county planning commission or the municipal-county planning commission shall have prepared and adopted a master plan or at least the major street portion of such master plan and shall have recommended to the governing authority of the county or the governing authority of the municipality regulations for the subdivision of land within the county or municipality, respectively, which regulations shall have been adopted by the governing authority of the county or the governing authority of the municipality as provided in Section 16 below, then no plat of a subdivision within the incorporated portion of the county or within the municipality shall be filed or recorded in the office of the clerk of the Superior Court of DeKalb County until it shall have been submitted to and approved by the planning commission and such approval entered in writing on the plat by the secretary of the planning commission. The clerk of the Superior Court of DeKalb County shall not file or record a plat of a subdivision which does not have the approval of the planning commission as required by this Act. The filing or recording of a plat of a subdivision without the approval of the planning commission as required by this Act is hereby declared a misdemeanor and, upon conviction, is punishable as provided by law. Section 16. Subdivision regulation: Provision of regulations. In exercising the powers granted to it by this Act, the county planning commission or the municipal-county planning commission shall prepare and recommend to the governing authority of the county or the

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governing authority of the municipality for adoption regulations governing the subdivision of land within the unincorporated portion of the county or of land within the municipality respectively. Such regulations may provide for the harmonious development of the county and of the municipality; for the co-ordination of streets within subdivisions with other existing or planned streets or official map streets; for the size of blocks and lots; for the dedication or reservation of land for streets, school sites, and recreation areas and of easements for utilities and other public services and facilities; and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience, prosperity, or general welfare. Such regulations may include requirements as to the extent to which and the manner in which streets shall be graded, surfaced, and improved, and water, sewers, septic tanks, and other utility mains, piping, connections, or other facilities shall be installed as a condition precedent to the approval of the plat. Such regulations may provide that, in lieu of the completion of such work and installations previous to the final approval of a plat, the governing authority of the county or the governing authority of the municipality may accept a bond, in an amount and with surety and conditions satisfactory to it, providing for and securing to the county or municipality the actual contruction and installation of such improvements and utilities within a period specified by the planning commission and expressed in the bond; and the county or municipality is hereby granted the power to enforce such bonds by all appropriate legal and equitable remedies. The governing authority of the county and the governing authority of the municipality are hereby given the power to adopt and to amend such land subdivision regulations after a public hearing thereon, at least three weeks' notice of the time and place of which shall have been published in the newspaper wherein the sheriff's advertisements of DeKalb County are published. Section 17. Subdivision regulation: Procedure on

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plats. The county planning commission or the municipal-county planning commission is hereby given the authority to give tentative approval or disapproval to preliminary plats and to approve or disapprove final plats but in each case their action shall be taken within thirty days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the planning commission on demand; provided, however, that the applicant for the planning commission's approval may waive this requirement and consent to the extension of such period. The ground of disapproval of any plat shall be stated upon the records of the planning commission. Any plat submitted to the planning commission shall contain the name and address of a person to whom notice of hearing may be sent; and no plat shall be acted upon by the planning commission without affording a hearing thereon, notice of the time and place of which shall be sent by registered or certified mail to said address not less than five days before the date fixed therefor. Section 18. Subdivision regulation: Effect of plat approval on status of dedications. The approval of a plat by the county planning commission or the municipal-county planning commission shall not be deemed to constitute or effect an acceptance by the county or the municipality or the public of the dedication of any street or other ground shown upon the plat. Section 19. Subdivision regulation: Penalties for transferring lots in unapproved subdivisions. The owner or agent of the owner of any land to be subdivided within the county or municipality who transfers or sells or agrees to sell or negotiates to sell such land by reference to or exhibition of or by other use of a plat of subdivision of such land before such plat has been approved by the county planning commission or the municipal-county planning commission and recorded in the office of the clerk of the Superior Court of DeKalb County, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law; and the description

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by metes and bounds in the instrument of transfer or other document used in the process of selling or transfer shall not exempt the transaction from such penalties. The county or municipality, through its attorney or other official designated by the governing authority of the county or the governing authority of the municipality may enjoin such transfer or sale or agreement by appropriate action. Section 20. Subdivision regulation: Acceptance of and improvements in unapproved streets. From and after the time when the platting jurisdiction of the county planning commission or the municipal-county planning commission shall have attached by virtue of the adoption by the planning commission of a major street plan and the adoption by the governing authority of the county or the governing authority of the municipality of a set of land subdivision regulations recommended to them by the planning commission, as provided in Section 15 of this Act, the governing authority of the county or the governing authority of the municipality or other public authority shall not accept, lay out, open, improve, grade, pave, or light any street or lay or authorize the laying of any water mains, sewers, connections, or other facilities or utilities in any street within the county or municipality unless such street shall have been accepted or opened as, or shall otherwise have received the legal status of a public street prior to the said attachment of the planning commission's subdivision jurisdiction, or unless such streets corresponds in its location and lines with a street shown on a subdivision plat approved by the planning commission or on a street plat made and adopted by said planning commission, provided, however, that the governing authority of the county or the governing authority of the municipality may locate and construct or may accept any other street if the ordinance or resolution or other measure for such approval be first submitted to the planning commission for its review and comment; such street shall have the status of an approved street as fully as though it has been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission.

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Section 21. Subdivision regulation: Erection of buildings. From and after the time when the platting jurisdiction of the county planning commission or the municipal-county planning commission shall have attached by virtue of adoption by the planning commission of a major street plan and the adoption by the governing authority of the county or the governing authority of the municipality of a set of land subdivision regulations recommended to them by the planning commission, as provided in Section 15 of this Act, no building permit shall be issued for and no building or other structure shall be erected on any lot within the county or municipality unless the street giving access to the lot upon which said building is proposed to be placed shall be accepted or opened as, or shall have otherwise received the legal status of a public street prior to that time, or unless such street corresponds in its location and lines with a street shown on a subdivision plat approved by said planning commission or on a street plat made and adopted by said planning commission or with a street located and accepted by the governing authority of the county or the governing authority of the municipality. Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or county or municipal attorney or other official designated by the governing authority of the county or the governing authority of the municipality may bring appropriate action to enjoin such erection or cause it to be vacated or removed. Section 22. Official map: establishment. The governing authority of the county by resolution and the governing authority of the municipality by ordinance may establish an official map of the county or the municipality, respectively, showing the location of the streets, public building sites, and public open spaces theretofore existing and established by law as public streets, public building sites or public open spaces. Such official map may also show the location of the boundary lines of streets, public building sites or public open spaces on plats or subdivisions which have been approved by the

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planning commission or governing authority. The official map may include the whole or any part or parts of the county or municipality. In the event the official map thus established does not include the whole of the county or municipality but only certain part or parts thereof, then the governing authority of the county or the governing authority of the municipality may add to the official map by placing thereon, from time to time, the boundary lines of streets, public building sites or public open spaces which at the date of the establishment of the official map existed and were established by law as public streets, public building sites or public open spaces, or which appear on a plat which has been approved by the governing authority and the county planning commission or the municipal-county planning commission. The governing authority of the county or the governing authority of the municipality shall certify the fact of the establishment of the offical map to the clerk of the Superior Court of DeKalb County. Section 23. Official map: Platting of street, public building site or public open space lines by planning commission. From and after the time when the county planning commission or the municipal-county planning commission shall have prepared and adopted a master plan, the planning commission shall have the power to make or cause to be made, from time to time, surveys for the exact location of the lines of new, extended, widened, or narrowed streets in the whole or in any portion of the county or municipality and to make and certify to the governing authority of the county or to the governing authority of the municipality a plat or plats of the area thus surveyed on which are indicated the lines recommended by the planning commission as the mapped lines of future streets, street extensions, street widenings, or street narrowings. From and after the time when the planning commission shall have prepared and adopted a master plan or at least a public building sites or public open spaces portion of such master plan, the planning commission shall

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have the power to make or cause to be made, from time to time, surveys of the exact location of the boundary lines of new, enlarged or diminished sites for public buildings or sites for parks, playgrounds, or other public open spaces in the whole or in any portion of the county or municipality and to make and certify to the governing authority of the county or the governing authority of the municipality a plat or plats of the areas thus surveyed on which are indicated the locations of the lines recommended by the planning commission as the mapped boundary lines of future public building sites or public park, playground, or other public open space areas or of existing sites or areas that are to be expanded or contracted. The making or certifying of a plat by the planning commission shall not in and of itself constitute or be deemed to constitute the opening or establishment of any street or public building site or public park, playground or other public open space or the taking or acceptance of any land for such purposes. Section 24. Establishment of proposed boundary lines of streets, public building sites or public open spaces. From and after the time when the county planning commission or the municipal-county planning commission shall have made and certified to the governing authority of the county or to the governing authority of the municipality a plat or plats on which are indicated the locations of the lines recommended by the planning commission as the mapped boundary lines of future streets, street extensions or street widenings, street narrowings, public building sites, public park, playground or other public open space areas or of existing sites or areas that are to be expanded or contracted, the governing authority of the county by resolution or the governing authority of the municipality by ordinance may make from time to time additions to or modifications of the official map by adding thereon the plats certified by the planning commission. Before taking such action, the governing authority of the county or the governing authority of the

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municipality shall hold a public hearing thereon, at least three week's notice of the time and place of which shall be published in the newspaper wherein the sheriff's advertisements of DeKalb County are published. Section 25. Official map: Regulations of buildings and other structures in bed of mapped streets, public building sites or public open spaces. For the purpose of preserving the integrity of the official map, the governing authority of the county or the governing authority of the municipality may provide by resolution or ordinance, respectively, that no permit shall be issued for any building or structure or part thereof on any land located between the mapped lines of any street, public building site or public open space as shown on the official map. Any such resolution or ordinance shall provide that the zoning board of adjustments, if the county or municipality has such a board or, if not, a board of adjustments created for the purpose in such resolution or ordinance, shall have the power, upon an appeal filed with it by the owner of any such land, to authorize the granting of a permit for a building or structure or part thereof within any such mapped lines in any case in which such board finds, upon the evidence and arguments presented to it upon such appeal: (a)that the property of the appellant of which such mapped-street, public building site, or public open space forms a part will not yield a reasonable return to the owner unless such permit be granted; or (b) that, balancing the interest of the county or municipality in preserving the integrity of the official map and the interest of the owner in the use and benefits of his property, the granting of such permit is required by considerations of justice and equity. Before taking any such action, the board of adjustments shall hold a hearing thereon, at least fifteen days' notice of the time and place of which shall be given to the appellant by registered or certified mail at the address specified by the appellant in his appeal petition. In the event that the board of adjustments decides to authorize a building permit, it shall have the power to specify the exact location, ground area, height, materials of construction,

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and other details and conditions of extent and character, and also the duration of the building, structure, or part thereof to be permitted. Section 26. Definitions. For purposes of this Act the term street or streets means, relates to, and includes, streets, avenues, boulevards, roads, highways, expressways, lanes, alleys and other ways; subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose, whether immediate or future, of sale, legacy, or building development, and includes all division of land involving a new street or a change in existing streets, and includes re-subdivision and, where appropriate to the context, relates to the process of subdividing or to the land or area subdivided; provided, however, that the following are not included within this definition: (1). The combination or recombination of portions or previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the county or municipality; (2). The division of land into parcels of five acres or more where no new street is involved. Section 27. Severability clause: Be it further enacted that if any part, parts or section of this Act should for any reason be declared unconstitutional, such decision shall not affect the validity of any remaining portion of this Act, which remaining portion shall remain of force as if such Act had been passed with the unconstitutional portion thereof eliminated, and it is hereby declared the intention of the General Assembly that it would have adopted the remaining portion of this Act without including therein any such part, parts or section which may for any reason be hereafter declared unconstitutional. Section 28. Effective date. This Act shall take effect upon its approval. Section 29. Repeal of conflicting Acts. All laws and

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parts of laws in conflict with this Act are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of DeKalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention To Apply For Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being December 15, 22, 29 - 1955. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 19th day of January, 1956. Joseph II. Baird Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intend to apply to the 1956 session of the General Assembly of Georgia for the passage of local legislation to authorize the governing authority of DeKalb County to establish a planning commission and to authorize the governing authorities of the several municipalities lying wholly within the county to establish joint planning commissions; to provide for the preparation and amendment of overall plans for the orderly growth and development of said county and municipalities; to provide for the zoning of all or specified parts of said county and for the zoning of said municipalities; to provide for the regulation of

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structures in mapped streets, public building sites, and public open spaces, to repeal conflicting laws, and for other purposes. W. Hugh McWhorter, Guy W. Rutland, Jr., James A. Mackay. 12-15-3t. Approved March 9, 1956. ZONING AND PLANNING ORDINANCES IN CERTAIN CITIES. No. 411 (House Bill No. 469). An Act to amend an Act entitled an Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes, approved January 31, 1946 (Ga. L. 1946, pp. 191-203), as amended by the Act approved February 15, 1952 (Ga. L. 1952, pp. 2731, 2732), providing that the said Act shall apply to municipalities having a population of 300,000 or more according to the United States census of 1950 or any future United States census and providing additional regulations for such cities, so as to provide that violation of zoning regulations adopted by such municipalities shall be subject to fines and punishments by the city; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That the Act entitled an Act to authorize

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the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes, approved January 31, 1946 (Ga. L. 1946, pp. 191-203), as amended by the Act approved February 15, 1952 (Ga. L. 1952, pp. 2731, 2732), be and the same is hereby amended by adding thereto the following provision: In case any building or structure is erected, constructed, reconstructed, altered or repaired, converted or maintained, or any structure or land is used, in violation of any zoning ordinance adopted by any such municipality pursuant to this Act, as amended, by the Act of 1952 (Ga. L. 1952, pp. 2731, 2732), such violation shall be a municipal offense and the offender shall be subject to fines and punishments authorized in the charter and provided by ordinance for municipal offenses, upon conviction in the municipal court by whatever name called; and each day that any structure or land is used in violation of the provisions of such zoning ordinance shall constitute a separate offense. Act of 1952 amended. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956. EAST DUBLIN RECORDER'S COURT. No. 415 (House Bill No. 182). An Act to amend an Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, particularly by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2245), so as to create a recorder's court; to provide its powers, duties, officers and their compensation; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, particularly by an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2245), is hereby amended by striking Section 28 and in lieu thereof inserting the following: Section 28. The mayor's court for the trial of offenders against the laws and ordinances of the Town of Dublin shall be known as the recorder's court, which court is hereby created. The mayor and council of East Dublin are hereby authorized and empowered to elect a recorder to hold said court, to fix his qualifications, term of office and compensation. Such recorder shall take such oath as may be prescribed by the mayor and council of East Dublin. Any vacancy in the office of recorder shall be filled by the mayor and council of East Dublin. Such recorder, and in his absence the mayor, and in the absence of the recorder and mayor then the mayor pro tem., and in the absence of all three, any one or more members of the council of East Dublin may hold said court and exercise all the powers conferred upon the recorder. The chief of Police of the Town of East Dublin shall be ex officio clerk of the recorder's court. Recorder's court. There may be an appeal in any case from the recorder's court to the council of East Dublin, which appeal must be entered in writing and under such terms and conditions as may be fixed and determined by said council. The judgment of the council may be reviewed by certiorari to the Superior Court of Laurens County as provided by law. Section 2. Said Act is further amended by striking Section 29 and in lieu thereof inserting the following: Section 29. The recorder shall have power to impose fines for the offense of breaking the laws or ordinances of said town in an amount not to exceed $200, or to imprison

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in the town barracks, or in the county jail of Laurens County for a period of not more than sixty (60) days, or to labor on the public works or the streets of said town for sixty (60) days. He shall have the power to punish for contempt by a fine not to exceed $50 or imprisonment in the town barracks or the county jail of Laurens County not to exceed thirty (30) days. He shall have the power of a justice of the peace to enable him to issue warrants for offenses committed within the corporate limits of the Town of East Dublin. If the offense charged in the warrant be one against the laws or ordinances of the Town of East Dublin, the arresting officer shall carry the case before the recorder's court and no other and the same there be disposed of as other cases of arrests not made under warrant. All warrants issued by the recorder, or those acting in his stead, shall be directed to the `Chief of police of the Town of East Dublin, any policeman or marshal thereof, and to all and singular the sheriffs, deputy sheriffs and constables of this State,' and any one of the said officers shall have the same authority to execute said warrants as the sheriffs of this State have to execute criminal warrants. Jurisdiction. The recorder or those holding the recorder's court in his stead, shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance and to punish any witnesses who have been subpoenaed and fails to attend under the provisions for contempt provided herein. Section 3. Said Act is further amended by striking Section 31, relating to the absence of the presiding officer of the police court in its entirety. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. At the special request of the mayor and council of the

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Town of East Dublin, Georgia, and by virtue of a resolution passed by that body, the undersigned will introduce in the next session of the Georgia Assembly of the State of Georgia, which will convene on the 2nd Monday in January, 1956, an Act to amend an act entitled An Act to incorporate the Town of East Dublin, in the County of Laurens, and for other purposes, approved February 12, 1952, and Acts amendatory thereof, particularly by an Act approved February 16, 1953 (Ga. L. 1953 Jan.-Feb. Sess., pp. 2245, et seq.), so as to create a recorder's court, define its jurisdiction, fix the qualification of the recorder, fix the effective date of said Act, the repeal of all conflicting laws, and for other purposes. This 23rd day of December, 1955. /s/ Paul J. Jones, Jr., Representative, Laurens County, Georgia. To be published December 24th, December 31st, January 7th. State of Georgia, County of Laurens. I, W. H. Champion, editor of the Dublin Courier Herald, the official organ of Laurens County in which the advertisements of the sheriff's sales are published, do certify that the attached is a true and accurate copy of Notice of Intention to Introduce Local Legislation, said notice having been published on December 24th, December 31st, and January 7th. This 13 Day of January, 1956. /s/ W. H. Champion W. H. Champion, Editor, Dublin Courier Herald Dublin, Georgia. Legal 1583.

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Notice of Intention to Apply for Local Legislation. At the special request of the mayor and council of the Town of East Dublin, Georgia, and by virtue of a resolution passed by that body, the undersigned will introduce in the next session of the Georgia Assembly of the State of Georgia, which will convene on the 2nd Monday in January, 1956, an Act to amend an Act entitled An Act to incorporate the Town of East Dublin, in the County of Laurens, and for other purposes, approved February 12, 1952, and Acts amendatory thereof, particularly by an Act approved February 16, 1953 (Ga. L. 1953 Jan.-Feb. Sess., pp. 2245, et seq.), so as to create recorder's court, define its jurisdiction, fix the qualification of the recorder, fix the effective date of said Act, the repeal of all conflicting laws, and for other purposes. This 23rd day of December, 1955. Paul J. Jones, Jr., Representative, Laurens County, Georgia. (24-31-7) Approved March 9, 1956. TAX ASSESSMENTS IN CERTAIN COUNTIES AND CITIES. No. 417 (Senate Bill No. 159). An Act to amend the Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more, according to the United States census of 1950 or any future United States census (Ga. L. 1952, pp. 2825 et seq.), so as to provide for a public record of assessments on real estate; to provide for a review of that assessment; to provide for the assessment of delinquent taxpayers on failure to file returns or to undervalue property; to provide for a remedy by equity; to provide for notice by mail; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more (Ga. L. 1952. pp. 2825 et seq.), be amended as follows: Section 1. It shall be the duty and the function of the said joint board of tax assessors to establish a record of all values placed upon real estate for taxation, which shall be open to public inspection. The record shall be completed each year on or before December 31st and shall be kept in the office of the said joint board of tax assessors. This record shall be notice to all taxpayers of said values. Record of values. Section 2. Any taxpayer feeling aggrieved at the assessment of his real property, as disclosed by said record, may file a petition with the said joint board on or before March 1st of the following year. The petition shall set forth under oath all the property, real and personal, owned by said taxpayer and subject to taxation by the city or by the county at its true market value, as well as giving the assessment thereon by the said tax assessors. Upon the receipt of such petition, the said Joint Board shall provide for a hearing, after giving the notice of the time and place of such hearing to the petitioner. At said time and place, the tax assessors shall investigate all the facts relating to said taxpayer's complaint and, after such investigation, shall order the assessment reduced or raised or approved as said board may find to be just, fair and reasonable. The petitioner shall be notified by mail of the determination of the said joint board and the final assessment of said property. The notice

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shall be mailed as hereinafter provided. If the petitioner fails or refuses to appear at the time and place specified by the assessors, then the assessment theretofore made shall be final. Any decision of the joint board of tax assessors on such petition shall be subject to review by the Superior Court of Fulton County by a proceeding in equity on the claim that the assessment is excessive or that the property is not taxable, which petition to the superior court shall be filed within 30 days after the notice herein provided is mailed by the said joint board. Review of assessments. Section 3. When the owner of property has omitted to return the same for taxation at the time and for the years the returns should have been made, or having returned his property or part of the same, has grossly undervalued the property returned, such owner, or if dead, his personal representative or representatives, shall return such property for taxation to the joint board of tax assessors for each year he is delinquent, whether such delinquency results from failure to return or from gross undervaluation by the delinquent said returns to be made under the same laws, rules and regulations as existed during the year or years of said default, or the year or years in which said property was returned for taxation at figures grossly below its true value; provided, that no lien for such taxes shall be enforced against any specific property which has previously been alienated or encumbered and is in the hands of an innocent holder without notice; Provided, further, that, where the owner of property has returned the same for taxation at the time the return should have been made, the right of the joint board of tax assessors to require, under the authority of this Act, a further return of such property, on the ground that the owner has grossly undervalued the same shall expire on December 31 of the year for which the assessment was made or on the payment of all taxes due on the assessment for such year, whichever date shall occur later. Assessments of delinquent taxpayers. Section 4. When said joint board of tax assessors discovers that any person is delinquent or in default in

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the manner enumerated in the foregoing section, the said joint board of tax assessors shall notify in writing such delinquent, or if dead his personal representative or representatives, of such delinquency, requiring that a return shall be made to said joint board within 20 days, of the years specified in said notice of such delinquency or default. Notice of delinquency. Section 5. If the delinquent, or his personal representative or representatives, refuses or fails to return such property omitted or undervalued after notice given him, the joint board of tax assessors shall assess such property for taxation from the best information they can obtain as to its value for the years in default and notify such delinquent of the valuation, which shall be final, unless the person notified shall within 20 days institute proceedings in equity in Fulton Superior Court on the claim that the assessment is excessive or that the property is not taxable. Assessments. Section 6. When any assessment is made by the said joint board of tax assessors, as herein provided, it shall be the duty of said board, within 10 days after the making of said assessment, to give to the owner of such property a notice in writing of said final assessment. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall contain such other information as to inform the taxpayer fully. Said notice shall be by mail, not registered, to the last known address of the owner of such property and no other notice whatever shall be required. Proof of the mailing of said notice shall be conclusive evidence that said notice has been given as required. The notice in any case shall be considered as given on the day it is mailed. Notice of final assessments. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956.

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CITY COURT OF LEXINGTON JUDGE'S COMPENSATION. No. 423 (Senate Bill No. 166). An Act to amend an Act establishing the City Court of Lexington in the County of Oglethorpe, approved December 13, 1899 (Ga. L. 1899, p. 395), as amended, particularly by an Act approved August 9, 1929 (Ga. L. 1929, p. 449), and an Act approved March 30, 1937 (Ga. L. 1937, p. 1198), so as to change the compensation of the judge of the city court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Lexington in the County of Oglethorpe, approved December 13, 1899 (Ga. L. 1899, p. 395), as amended, particularly by an Act approved August 9, 1929 (Ga. L. 1929, p. 449), and an Act approved March 30, 1937 (Ga. L. 1937, p. 1198), is hereby amended by striking Section 3 in its entirety, and inserting in lieu thereof a new Section 3, to read as follows: Section 3. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be elected and hold office as provided hereinafter in this Act, as amended. The judge of said city court shall receive a salary of $1,800.00 per annum, which salary shall be paid monthly by the Treasurer of the County of Oglethorpe, and it shall be the duty of the commissioners of roads and revenues of said county, or other proper officer, to make provision annually for the levying of taxes for this purpose. The said judge shall receive no other compensation, but may practice law in any court except his own. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956.

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DIRECTOR OF PUBLIC SAFETY IN CERTAIN COUNTIES. No. 424 (House Bill No. 566). An Act to create the office of director of public safety in all counties in Georgia having a population of 300,000 or more according to the United States census of 1950 or any future United States census; to provide for the appointment and term thereof; to provide that the salary shall be fixed by the county commissioners of such county; to provide that the director of public safety shall have police powers and may wear a uniform; and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that there is hereby created in all counties having a population of 300,000 or more, according to the United States census of 1950 or any future United States census, the office of director of public safety. Director of public safety. Section 2. Be it further enacted by the authority aforesaid that the director of public safety shall be appointed by the county commission and shall serve at the pleasure of such commission, who shall fix the salary for such office. Appointment. Section 3. Be it further enacted that no person shall serve as director of public safety who is less than 25 years of age or who has served less than five years as a police officer during a portion of which time he shall have served in some capacity involving the handling of traffic or in lieu of such practical experience shall have graduated from an institution of higher learning with a degree, the requirements for which shall include training in traffic or safety engineering, or shall have served at least three years as a police officer and graduated from a technical police school sponsored by the Federal Bureau of Investigation or the Georgia Bureau of Identification or similar authority involving training in traffic and law enforcement. Qualifications.

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Section 4. Be it further enacted that such director of public safety shall perform his duties under the joint supervision of the county agent (agriculture) and the superintendent of county schools, cooperating with said officials in the programs of their respective departments. Section 5. Be it further enacted that the director of public safety be vested with the same power to make arrests enjoyed by the sheriff of such county and shall have the right to wear a uniform approved by the county authorities. It shall be lawful for said officer to carry firearms whenever same may be necessary or advisable in the discretion of the county agent and superintendent of county schools. Powers Section 6. Be it further enacted that the director of public safety shall receive as compensation $6,000.00 per annum payable in equal monthly installments subject to increases or decreases by the county commissioners of such counties who are hereby vested with authority to increase or decreased said salary at any time subject only to the provisions of any budget control and the availability of funds with which to pay any increase in salary. The said director of public safety shall not be subject to any civil service or tenure laws which may exist affecting any county. Compensation. Section 7. Be it further enacted that the creation of the office of director of public safety shall not require the appointment of an officer to fill such position during any period the county commission, with the approval and consent of the county agent and superintendent of public schools, may determine that the public safety program in said county does not require that said position be filled; provided, however, failure to fill a vacancy at any time shall not operate to bar the later appointment of a proper person at some future time. Vacancies. Section 8. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 9, 1956.

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ATLANTA CHARTER AMENDED. No. 428 (House Bill No. 357). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. Notice. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are hereto attached and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. Municipal Court. This Act amends all previous charter provisions relating to the Municipal Court of the City of Atlanta. It neither limits nor enlarges the jurisdiction of said court as it now exists. Section 3. Court of record. Such court shall have a seal which shall contain the following words, in substance, Municipal Court of Atlanta, Georgia and in the center, the word Seal. a. Certified copies. All copies of documents and records of the court certified by the clerk under the seal of the court shall be admissible in all judicial proceedings in the same manner and to the same extent as documents bearing the certificate of the clerks of the superior courts of the State and the seals of such courts.

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Section 4. Divisions of the court. Nothing in this Act shall affect the present organization of the Municipal Court of the City of Atlanta into separate divisions. There shall be one general division of said court and one traffic division. Section 5. Presiding judge and associate judges. The municipal court shall consist of a presiding judge for each division and associate judges to enable the court to perform its functions in a prompt and efficient manner. a. Equal authority. Such judges (presiding and associate) shall have the same and equal authority in the trial of cases, and each judge shall be authorized to try any case now or hereafter made triable in such court. b. Presiding judges. The presiding judges shall be the chief administrative officer of their respective division of the court and, except as otherwise provided herein, shall have general supervision of the administrative personnel of the court. They shall have all of the duties of municipal court judges under existing law, all duties assigned to their office by this Act, and such additional duties, not inconsistent herewith, as shall be assigned to their office by the mayor and board of aldermen. Section 6. Appointment of judges. Whenever a vacancy shall occur in the office of presiding judge or associate judge of the municipal court, the mayor shall fill such vacancy by appointing one of three persons who shall be nominated (and whose names shall be submitted to the mayor) by a majority of the judges of the Superior Court of Fulton County. a. Term of office. Each judge appointed pursuant hereto shall hold office for a term ending December 31st following the next Atlanta general election; provided, however, that such judge shall not be required to run against his record as hereinafter provided until he has served in such office at least twelve months. Not less

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than 60 days prior to the holding of any city-wide primary for the nomination of city officers, any judge of such court may file in the office of the clerk of the board of aldermen a declaration of his candidacy for election to succeed himself. Thereupon it shall be the duty of the mayor and board of aldermen to call a special election to be held on the date of such primary on the questions hereinafter set forth. The name of any judge who shall file such a declaration shall be submitted at said special election to the qualified voters of the City of Atlanta on a ballot or voting machine reading: Shall judge (here the name of the judge shall be inserted) of the Municipal Court of Atlanta be retained in office? Yes. No. (Instructions shall be given on said ballot or voting machine to the voters to scratch Yes or No on the ballot or vote Yes or No on the voting machine.) If a majority of those voting on the question vote against retaining such judge in office, a vacancy shall exist upon the expiration of his term and such vacancy shall be filled in the manner above provided. Otherwise, said judge shall, unless removed for cause, remain in office for a term of four years beginning on January 1st next following such election. On the expiration of each such term, he shall be eligible for retention in office by election in the manner here prescribed. Judges rejected at the polls shall not be eligible for reappointment. b. Present judges . The present judges of the municipal court shall continue in office, unless removed for cause, until the end of the term for which they were appointed. They shall thereafter be eligible for retention in office upon securing a favorable majority of the votes cast in elections held as provided herein. Section 7. Qualification for judges . The judges and associate judges of the municipal court shall be at least twenty-five years of age and shall have been citizens of Georgia for at least five years. In addition, they shall have been admitted to the bar of this State and have had

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at least five years of experience as a judge or a like period of experience in the practice of law. Only persons who possess such qualifications and have expressed a willingness to serve shall be nominated by the judicial commission. Section 8. Salaries of judges . The salary of each judge and associate judge shall be fixed as now provided by law but shall not be less than $9,000.00 per annum. Section 9. Solicitor of court . A solicitor shall be appointed to perform the duties prescribed below. a. Assistant solicitors . Enough assistant solicitors and other personnel shall be provided to enable the solicitor to perform the duties prescribed below. b. Selection, compensation, etc . The solicitor and assistant solicitors shall be assistant city attorneys. They shall be appointed and removed and their compensation shall be fixed in the same manner as other assistant city attorneys, and the solicitor shall serve under the supervision of the city attorney. c. Full-time assignment . Assistant city attorneys serving as the solicitor and assistant solicitors of the traffic division of the municipal court shall be assigned to such duties on a full-time basis, and such assistant city attorneys shall not engage in the private practice of law; provided, however, that other assistant city attorneys may serve as solicitor in emergencies. d. Duties . The duties of the solicitors are to: 1. Prosecute persons charged with violating ordinances of the city; 2. Aid the police department in the preparation of cases for trial; 3. Assist the judges and other officers and personnel

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of the court in achieving justice in all cases and in the efficient and expeditious performance of their duties; 4. Perform such other duties as are or may be required by law or by ordinance or which necessarily appertain to his office; 5. Assign assistant solicitors to the various divisions of the court. e. The duties devolved upon the solicitor may be carried out by assistant solicitors of the municipal court or by an assistant city attorney. Section 10. Clerks of court . Clerks shall be appointed to perform the duties prescribed below, for each division and branch of said court, under the supervision of the presiding judge. a. Selection, term, etc . Clerks shall be appointed by the presiding judge of the division and shall hold office at his discretion. Their compensation shall be fixed by the mayor and board of aldermen and they shall be bonded in an amount determined by them. b. Deputies and other personnel . A sufficient number of deputy clerks and other personnel shall be provided to enable the clerks to perform the duties prescribed below. c. Duties . The duties of the clerks are to: 1. Prepare and keep proper and accurate dockets for the general division of such court; 2. Prepare and keep traffic dockets complying with all the requirements of law; 3. Set up and administer a system of records, books, or files containing the records of all cases docketed, pending and disposed of in such court so that the same shall

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be easily accessible at all times to the court and to the public; 4. Be responsible for all papers, dockets, records, books, files and other instruments connected with said court; 5. Have available at all times the exact status of all cases on appeal on which certiorari bonds have been given; 6. Be custodian of the seal of the court with authority to certify copies of all official papers and records of said court under such seal; 7. Collect and distribute all fines and forfeitures and all costs and fees payable for the services of the court and its officers; 8. Prepare and deliver the records and reports necessary for auditing purposes to the finance officers of the city; 9. Perform such other duties as are or may be required by law or by ordinance or which necessarily appertain to their office. Section 11. Bailiffs and constables . An adequate number of bailiffs and constables shall be provided, as personnel of the court, to supervise the condition of the courtrooms, maintain order in the courtrooms, make arrests and serve processes and orders directed to them by the court and generally perform such other duties as may be required of them by the court or the judges thereof. a. Appointment, compensation, etc . The bailiffs and constables for each division shall be appointed by and hold office at the discretion of the presiding judge, without reference to civil service law. Their compensation shall be fixed in an amount determined by the mayor and board of aldermen.

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Section 12. Separation of court personnel from police department. None of the officers or personnel of the court shall be employed by, members of, or under the jurisdiction of the police department. Section 13. Violations bureau. a. There is hereby created as a part of the traffic division of the Municipal Court of Atlanta a violations bureau. b. The clerk of the traffic division of the Municipal Court of Atlanta shall be in charge of the violations bureau. c. The purposes of the creation of this violations bureau is to provide a means by which those charged with a violation of a traffic ordinance of the City of Atlanta may pay directly to the violations bureau a fine in an amount which shall be in accord with a schedule of fines which may from time to time be fixed by the presiding judge and filed with such violations bureau, without being required to make an appearance in court pursuant to a summons or accusation. d. No case involving an accident or driving while under the influence of intoxicants, whether or not an accident occurs, shall be listed on such schedule of fines fixed by the presiding judge and filed with the violations bureau. Section 14. The provisions of Section 9 of this Act shall become effective only after the adoption of a Constitutional amendment under which the municipal court of Atlanta, by whatever name called, may be authorized to try all traffic offenses or violations within the territorial limits of said city, and upon the effective date of legislation carrying such Constitutional amendment into effect. Section 15. The salary of the general manager of

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the waterworks shall be increased by the amount of $900 per annum subject to increase or decrease by the board of aldermen. Waterworks Section 16. Other laws. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Hamilton Lokey author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of the State of Georgia. The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1956 session of the General Assembly, which convenes on Monday, January 9, 1956, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican, Representative M. M. (Muggsy) Smith, Representative Hoke Smith, Representative Hamilton Lokey. Dec 20 27 Jan 3. This 27 day of January, 1956. /s/ Hamilton Lokey.

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Sworn to and subscribed before me, this 27 day of January, 1956. /s/ Janette Hirsch Notary Public, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal). Approved March 9, 1956. PENSION SYSTEM IN CERTAIN CITIES. No. 433 (House Bill No. 545). An Act to amend an Act providing that cities having a population of more than 150,000 according to the United States census of 1920, or any subsequent census, shall furnish pension to all officers and employees of such cities and providing a system of pensions, as amended (Ga. L. 1927, pp. 265, 266), be further amended so as to re-open the pension fund; to provide credit for military services; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act described in the caption hereof, as amended, be further amended as follows: Section 1. That any officer or employee, who is not now contributing to any pension fund, may become a member of such pension fund and be entitled to all the emoluments therein provided and receive credit for all the years of his service with the city not previously granted or allowed, by giving written notice on or before June 30, 1956, to the secretary of the pension board of such city by which he is employed and by paying into the pension fund thereof a sum representing the contribution which he should have made had he been a member of

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its pension plan during the years in question, plus interest thereon at 3% per annum, which may be paid in 50 equal installments, bearing interest at the rate of 3% per annum. Non-participating employees. Section 2. Any officer or employee who was inducted into service in the Armed Forces of the United States under the Department of Defense, or service in the Coast Guard of the United States, and actually served in Korea, either during the Korean conflict, or subsequent thereto, or shall have served in the Navy in connection with such service, shall be given full credit for the time served in such service as though he were actually employed during that time by the city and shall not be required to make any contribution to the pension fund for such period of service provided such employee meets the conditions set forth in Section 1 of the amendment to this Act, approved February 16, 1953 (Ga. L., Jan.-Feb. Sess., 1953, pp. 2269 et seq.), except he shall not be required to make contributions, as provided in Sub-section (f) thereof. Service with armed forces. Section 2A. In addition to the fund derived from salaries and wages as required by the terms of this Act, as amended, or as may hereafter be amended, it shall be the duty of the board of education of such city to appropriate and pay into the pension fund established by this Act, an amount which shall equal the total amount of deductions from the salaries and wages paid to officers and employees of said board. Should said fund at any time be insufficient to meet and pay the pensions due to such officers and employees, such board of education shall appropriate from current funds sufficient amounts to make up the deficiency as it relates to such officers and employees. The provisions of this section shall be effective January 1, 1957. Contributions, by board of education. Section 3. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956.

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MICROFILMING OF ORDINARY'S RECORDS IN CERTAIN COUNTIES. No. 437 (House Bill No. 378). An Act to authorize the ordinary of any county having a population of not less than 100,000 nor more than 114,000 according to the 1950 United States census or any future United States census to maintain microfilm records of the official organ of the county or other newspapers and such other records as may be required by law, to provide that such equipment may be provided by the proper county authorities; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The ordinary of any county of this State, having a population of not less than 100,000 nor more than 114,000, according to the 1950 United States census or any future United States census, may install and use microfilm equipment or other photographic equipment in recording, copying and furnishing copies of any and all instruments, including newspaper records and proceedings or parts of the same, of record or on file in said office. Such equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. The provisions of this Act for the installation and use of such equipment shall be construed to be permissive only and are cumulative of existing provisions of law. Section 2. No provision of this Act shall be construed to change or repeal any rule of court or provision of law relating to records on appeal or review; in the courts of this State. Section 3. If any portion of this Act shall be declared invalid, the remainder of this Act and the application of such portion to other persons and circumstances shall remain unaffected.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 9, 1956. POLICE DEPARTMENT PENSIONS IN CERTAIN CITIES. No. 441 (House Bill No. 534). An Act to amend an Act providing that cities having a population of 150,000 or more, according to the United States census of 1920, or any subsequent census, shall provide pensions for members of the police department of such city, as amended (Ga. L. 1933, pp. 213 et seq.), be further amended so as to provide credit for military service; to provide that subsistence allowances shall be treated as compensation for pension purposes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act described in the caption hereof, as amended, be further amended as follows: Section 1. Any officer or employee who was inducted in the service of the Armed Forces of the United States under the Department of Defense, or service in the Coast Guard of the United States and actually served in Korea, either during the Korean conflict or subsequent thereto, or shall have served in the Navy in connection with such service, shall be given full credit for the time served in such service as though he were actually employed during that time by the city and shall not be required to make any contribution to the pension fund for such period of service provided such employee meets the conditions set forth in Section 1 of the amendment to this Act, approved February 16, 1953 (Ga. L., Jan.-Feb. Session, 1953, pp.

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2269 et seq.), except he shall not be required to make contributions as provided in Sub-section (f) thereof. Service in armed forces. Section 2. Subsistence allowances, which have been or may be provided by law or the ordinances of any such city, shall be treated as compensation in the determination of benefits and obligations of such employees as though such sums were definitely fixed by the governing authorities of such cities as compensation or salary. Subsistence allowances. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956. COMPENSATION OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES. No. 442 (House Bill No. 421). An Act to amend an Act entitled An Act to fix the compensation of commissioners of roads and revenues in counties in this State, having a population of two hundred thousand according to the United States census of 1920 or any future census; to repeal all conflicting laws and for other purposes, approved August 22, 1929 (Ga. L. 1929, p. 218) so as to provide that the pay of such commissioners shall be five thousand dollars per annum, payable in equal monthly installments; to provide an allowance for expense and travel within the county; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. That the Act entitled An Act to fix the compensation of commissioners of roads and revenues in counties in this State, having a population of two hundred thousand according to the United States census of

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1920 or any future census; to repeal all conflicting laws and for other purposes, approved August 22, 1929 (Ga. L. 1929, p. 218) be amended by striking the words and figures, three hundred ($300.00) dollars per month for each commissioner, payabl monthly on the first day of each month, out of the county treasury, beginning in line 8 of Section 1, and inserting in lieu thereof, the words and figures, five thousand ($5,000.00) dollars per annum for each commissioner, payable in equal monthly installments on the first day of each month, out of the county treasury, so that said Section 1 when so amended shall read as follows: Sec. 1, Act of 1929, amended. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same, that from and after the passage of this Act the compensation of commissioners of roads and revenues in counties in this State, having a population of two hundred thousand or more, according to the United States census of 1920 or any future census, be and the same is hereby fixed at the sum of five thousand ($5,000.00) dollars per annum for each commissioner, payable in equal monthly installments on the first day of each month, out of the county treasury. Compensation. Section 2. Be it further enacted by the authority aforesaid that there shall be added a new section to be known as Section 1 (a) in the following language to wit: Expenses. Section 1 (a). In addition to the compensation provided in the foregoing section, the commissioners of roads and revenues in such counties may be paid not to exceed seventy-five ($75.00) dollars per month to compensate them for travel and other expenses while on official duty within the county. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. Approved March 9, 1956.

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LAKE CITY CHARTER AMENDED. No. 448 (House Bill No. 618). An Act to amend an Act incorporating the City of Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, p. 2351), so as to change the number of councilmen from five to four; to provide that the mayor shall be elected by the people; to provide that the mayor shall vote on all issues; to change the quorum from at least four councilmen to three councilmen and the mayor or mayor pro tem.; 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 Lake City in the County of Clayton, approved February 12, 1951 (Ga. L. 1951, p. 235), is hereby amended by striking Section 3 and in lieu thereof inserting the following: Section 3. The municipal government of said city shall be vested in the mayor and a board of four councilmen who are hereby constituted a body corporate under the name and style of the City of Lake City, Georgia, and by that name and style, shall have perpetual succession, shall be able to contract, buy and hold property, sue and be sued, shall have all the incidental rights usually conferred upon such municipalities by the laws of the State of Georgia and all the rights hereinafter conferred. The mayor and councilmen shall be elected for a term of two years expiring on the first Monday in January biennially thereafter. The mayor and councilmen shall have the authority to adopt the necessary ordinances providing for rules and regulations to govern the holding of all elections governing registration, voting, declaring the results, filing and hearing contests, and all other matters connected therewith. Elections shall be held in said city on the second Wednesday in December of each year. The mayor provided for herein shall be elected on the second Wednesday in December, 1956, and shall

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take office on January 1, 1957. The appointive officers hereinbefore provided for shall continue to hold office until January 1, 1957. Mayor and councilmen. Section 2. Said Act is further amended by striking Section 4 and in lieu thereof inserting the following: Section 4. The mayor and councilmen shall each take and subscribe to the following oath in their minute book: `I do swear that I will faithfully and patiently administer the laws of the City of Lake City to the best of my skill and ability.' Their oath. Section 3. Said Act is further amended by striking Section 5 in its entirety and in lieu thereof inserting the following: Section 5. The mayor and councilmen shall hold at least one meeting each month on a regular day to be set by them, and may call a meeting at any other time to conduct the business of said city. They shall have authority to enact ordinances or laws for the government of the city as permitted by law or this charter. The mayor shall preside at all of the meetings and in his absence another councilman may be designated as mayor pro tem. to act in his place. At least three councilmen and the mayor or mayor pro tem, shall constitute a quorum for the transaction of business, and the mayor shall vote on all issues. Meetings. Section 4. Said Act is further amended so as to provide that the mayor and councilmen of the City of Lake City shall exercise all powers heretofore conferred upon the councilmen. Powers. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Lake City, Georgia, will apply to the session of the General Assembly

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of Georgia convening in January, 1956, for passing of legislation amending the charter of the City of Lake City changing the number of councilmen from 5 to 4 and to provide that the Mayor be elected by the people and for other purposes. This 7th day of January, 1956. E. Alvin Foster, Edgar Blalock, Representatives, Clayton County. 1-26 Publisher's Affidavit. State of Georgia, County of Clayton. This is to certify that the above notice to apply for local legislation was published in the Forest Park Free Press and Clayton County News Farmer, legal organ of Clayton County on January 12, 19, 26, - 1956. /s/ J. C. Collins, Business Manager. Sworn to and subscribed before me this 24 day of January, 1956. /s/ Douglas L. Harper Notary Public. Notary Public, Georgia, State at Large. My commission expires Aug. 16, 1959. (Seal Affixed). Approved March 9, 1956.

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ALLENTOWN CHARTER. No. 449 (House Bill No. 509). An Act to establish a new charter for the Town of Allentown, in the County of Wilkinson; to define the corporate limits thereof; to provide for a mayor and five councilmen of said town; to prescribe the qualifications and duties and powers of the mayor and councilmen; their election and term of office; to declare and define police powers of said town, to provide for all matters of municipal concern and cognizance; to provide for the continuance in office of the present mayor and councilmen until the expiration of their term; to provide for the succession of said town to all of the property rights and liabilities of said town under the old charter; to provide for the passage by the mayor and councilmen of all ordinances necessary for the good government of said town, including the rights to pass ordinances for the prohibiting of keeping of certain named liquors in said town for any unlawful purpose; to pass ordinances allowing the mayor to issue search warrants for, seizure and destruction of any such liquors so kept; for its seizure before the issuing of a warrant under special named circumstances; to provide for the levying of taxes and licenses; to provide for the qualifications of voters; to provide for registration; to provide employees; to authorize said town to own, maintain and operate a system of waterworks, sewers, gas and electric plants; to provide for the issuance of bonds; to provide for condemnation and the exercise of eminent domain; to provide for streets, avenues, sidewalks and alleys; to authorize the issuance of licenses; to provide for all matters and things which are necessary and proper for the existence of a municipal corporation; to repeal all conflicting laws and for other purposes. Section 1. Be it enacted by the authority of the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that from and after

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the passage of this Act the municipal government of the Town of Allentown in the County of Wilkinson, said State, shall consist of a mayor and five councilmen who are hereby constituted a body corporate under the name and style of The Mayor and Council of the Town of Allentown, and by that name said corporation shall have perpetual succession, shall have a common seal and shall be capable in law and equity to sue and to be sued; to plead and be impleaded in any court of competent jurisdiction; to purchase or to lease for the use of the Town of Allentown, any estate or estates, real or personal within or without the jurisdictional limits of said town; to succeed to all property, rights and liabilities of the present corporation of the Town of Allentown. Incorporation. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said Town of Allentown are hereby fixed as follows, to wit: Three quarters (3/4) of a mile in every direction from the center point between the rails of the Macon, Dublin and Savannah Railroad at the public highway crossing of the public road between the Four County Bank and the H. C. Melton Store Lot in the Town of Allentown. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, that, on the second Wednesday in January, 1957, and every two years thereafter, there shall be an election for a mayor and five councilmen of said town, who shall hold office for two years from the date of their election and until their successors are elected and qualified. At all such elections all persons who are qualified under the Constitution and laws of Georgia to vote for members of the General Assembly of Georgia, and who have been bona fide residents of said town for a period of 60 days immediately preceding the date of said election and who, before registering, as hereafter provided have paid all State and county taxes required of them since the adoption of the Constitution of 1877, except for the year of registering and who have paid all taxes licenses and other claims of said town demanded by the proper authorities thereof shall be entitled to vote. All

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such elections shall be held by the justice of the peace, resident in said town, and by two freeholders, or by three freeholders of said town, none of whom shall be a candidate in said election. The managers shall be appointed by the mayor and council of said town and upon the failure of the mayor and council to appoint said managers they shall be named and appointed by the Ordinary of Wilkerson County. It shall be the duty of the managers to receive and count all votes cast. Each of said managers before entering upon his duties, shall take and subscribe the following oath before some officer of Wilkinson County duly authorized to administer oaths: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager; that I will allow all persons to vote in this election whose names are on the list furnished me by the registrars of this town for this election; and that I will allow no one to vote in this election whose name does not appear on said list; and that I will correctly count and report the votes cast; so help me, God. Election of mayor and councilmen. Section 4. Be it further enacted by the authority aforesaid, that the polls at any municipal popular election for said town shall be open at some convenient place in said town, to be designated by the mayor and town council and said polls for the reception of ballots shall remain open from 10 o'clock A. M. until 6 o'clock P. M. E.S.T. Election hours. Section 5. Be it further enacted by the authority aforesaid, that the managers of said elections shall issue to the newly elected mayor and councilmen certificates of election, showing to what office each has been elected, and shall also certify the same facts to the acting mayor and council. The first named certificates shall be sufficient authority to the persons named in said certificates to enter upon the duties of the office, respectively, to which each has been elected, upon taking by them of the oath hereinafter prescribed. The certificates sent to the acting mayor and council shall be entered upon their minutes. Said managers shall also furnish one tallysheet,

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certified as correct, to the acting mayor and council. The managers shall be paid out of the treasury of said town, five dollars each for their services in holding any such election. Results. Section 6. Be it further enacted by the authority aforesaid, that the mayor and councilmen elected at any election shall, before entering upon their duties, take and subscribe the following oath: I do solemnly swear that I will faithfully discharge all of the duties devolving upon me as mayor (or councilman as the case may be) of the Town of Allentown; so help me God. Said oath may be administered by any officer of Wilkinson County, authorized to administer oaths, and shall be entered upon the minutes of council. Oath of mayor and councilmen. Section 7. Be it further enacted by the authority aforesaid, that in the event of the death, resignation, removal from office, or removal without the limits of the Town of Allentown of the mayor of said town, the vacancy in the mayor's office shall be filled by the council of said town, three affirmative votes being necessary to a choice. In the event of a like vacancy occurring in the board of councilmen, the vacancy shall be filled by the Mayor and council, three votes being necessary to a choice, which must be the votes of 3 councilmen, or of two councilmen and the mayor when it becomes necessary for the mayor to vote in case of a tie. At any such election all of those remaining in said governing body after the vacancy occurs, shall have a written notice of at least twenty-four hours of the time of holding such election. Said notice shall be given by any of said governing body or by the town clerk, when ordered to do so by any of said body. Said notice may be waived in writing by any one entitled to it, and shall be considered as waived by any one entitle thereto who is present at said election. In case there are not enough of said governing body left to fill vacancies, all vacancies shall be filled by the qualified voters of said town, voting as heretofore prescribed on the following first Wednesday on any month after the vacancies occur; provided, this day is

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not nearer than ten days after the occurrence of said vacancies, in which latter event the election shall occur on the first Wednesday of the following month. At any such special election the voter's list for the preceding regular election shall be used, which may be revised by the registrars of said town by placing thereon the names of all those who may be entitled legally, to be placed there. Any person so elected in any way to fill out a vacancy in the governing body of said town shall fill out the unexpired term to which he is elected, holding office until his successor is elected and qualified, and shall take the same oath as prescribed in Section 6 of this Act. Vacancies. Section 8. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of council to open a registration book, or books, for said town, fifty days before each regular election, for the registration of the qualified voters of said town, which book, or books, shall be kept open from nine o'clock A. M. to twelve o'clock M., and from one o'clock P. M. to 6:30 P. M., of each and every day except Sundays, until twenty days before the date of the election, when said books or books, shall fairly and absolutely be closed. It shall be the duty of said clerk, upon the application of any citizen in person, and not by proxy, to allow said applicant to register his name, age, occupation, and race (whether white or colored). Each person so registered shall do so by signing with his own hand or by his mark, the following oath: I do solemnly swear that I am a citizen of the United States; that I have resided in Georgia twelve months, in Wilkinson County and the Town of Allentown sixty days immediately preceding the signing by me of this oath, or that by the date of said election I will have fulfilled these conditions if still a resident of said town, that it is my intention to remain a resident of said town until the date of said election; that I am eighteen years old, or will be by the date of said election; that I have paid all State and county taxes required by me by the laws of Georgia since the adoption of the Constitution of 1877, except for this year; and that I have paid all taxes, licenses, and other claims due by me to

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said Town of Allentown which have been demanded of me by the authorities of said city; to help me God. Registration. Section 9. Be it further enacted by the authority aforesaid, that there shall be a board of registrars of said town, consisting of three freeholders of said town, who shall be appointed by the mayor and council of said town for a term to expire when the terms of the mayor and council appointing expire. The appointment of the registrars shall be done under the same rules and regulations, as to the notice to the mayor and councilmen, votes necessary to a choice, and otherwise, as in the case of filling a vacancy on the board of councilmen. A vacancy occurring on said board, by any means whatever, shall be filled in like manner. Before entering upon the duties of office, each registrar shall take and subscribe the following oath before some officer of Wilkinson County authorized to administer oaths and shall be entered upon the minutes of Council: I do solemnly swear that I will faithfully and impartially perform all of the duties devolving upon me, as a registrar of the Town of Allentown; that I will not allow the name of any person to be placed upon the voters' list for any election of said town unless I am of the opinion that it is legally entitled to be placed there, and that I will not strike the name of any person from said list unless I am of the opinion that it has no legal right to be there, so help me God. It shall be the duty of the clerk of the council to turn over to said board of registrars the registration book, or books, immediately after they are closed, or when they are called for by said board after they are closed. The registrars shall then proceed to purge said list of the names of all persons who are not legally entitled to vote, as prescribed in section 3 of this Act. The registrars, through one of their number, or through the town clerk, who is hereby made clerk ex officio member of said board, shall then give written notice to each of those whose names have been stricken from the list to appear before said board at some time and place in said town, selected by said board and named in said notice, said time not to be sooner than forty-eight hours after the

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service of said notice, to show cause why their names should not be stricken from the voters' list for said election. At the time and place aforesaid, said board shall proceed to hear those summoned to appear, give their reasons why their names should not be stricken, the one appearing being first informed of the reason for his having been summoned. After hearing the evidence, which may or may not be under oath, as said board may direct, said board being hereby authorized to have said oath administered orally to the witness as in a court of law, said board shall decide by a majority vote whether or not the name of the one under consideration shall be placed upon the voters' list for the approaching election. The decision of the board shall be final. At the hearing provided for in this section the registrars may adjourn to some other place, if they so desire, for a continuance of the hearing. In this event they shall publicly announce the time and place of the adjourned meeting. They may hold these adjourned meetings as often as it may be necessary to finish the business. After completing their labors, said board shall prepare a correct list of the names of those entitled to vote at said election, and shall certify same to the mayor and council over their signatures, or over the signatures of a majority. This list, without any alteration, shall be the list used by the election managers at the election for which it was prepared. The election managers must let all those vote whose names are on the list, and must refuse to let all those vote whose names are not on said list. For their work in preparing this list the registrars shall be paid from the treasury of said town such an amount as may be fixed by the mayor and councilmen, not to exceed $10.00 dollars each for the entire work at each election. Registrars Voters list. Section. 10. Be it further enacted by the authority aforesaid, that the said mayor and council shall have authority to pass all ordinances they may deem necessary or proper for the good government of said town, the protection of health, life, liberty, security and property of the inhabitants thereof, and shall have all of the rights, privileges, and powers incident to such corporation. Ordinances.

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Section 11. Be it further enacted by the authority aforesaid, that upon the passage of all ordinances, and upon all votes appropriating money from the treasury of said town, and at all elections of mayor pro tem., clerk of council, marshal or marshals, or other officers of said town, there shall be necessary three affirmative votes, which must be the votes of two councilmen, or of two councilmen and the mayor, whenever it becomes necessary for the mayor to vote in case of a tie. On all other questions, where not otherwise provided in this Act being necessary, always, to transact any business, and the presiding officer being always entitled to vote in case of a tie. Same. Section 12. Be it further enacted by the authority aforesaid, that all ordinances, rules and regulations heretofore passed by the mayor and council of the Town of Allentown shall remain in full force and effect to the same extent and as fully as if passed under the authority of this Act, unless inconsistent with the terms of this Act. Existing ordinances. Section 13. Be it further enacted by the authority aforesaid, that the present mayor and council shall hold office until their successors are elected and qualified. Incumbents. Section 14. Be it further enacted by the authority aforesaid, that the mayor of said town shall be the executive officer of said town, and shall preside at all council meetings at which he is present. He shall see that all ordinances of said town are faithfully carried out. He shall have control of the marshal, or marshals, of said town, and other arresting officers of said town, and shall have authority to appoint special police whenever he may deem it necessary or proper. He may suspend any marshal or policeman of said town, whenever he may deem it advisable; and the officer so suspended shall not be restored to duty until restored by the mayor or by the votes of at least three councilmen at a meeting of council, either regular or called, said meeting not to be earlier than three days after said suspension. It shall be the duty of the mayor to see that the good order and the peace of said town is preserved, and that all persons and

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property therein are fully protected; and to this end he may cause the detention of all riotous or disorderly persons in said town. He shall preside over the mayor's court of said town, which is hereby established as a court to try all persons charged with a violation of the penal ordinances of said town. He may sentence any person convicted in said court of having violated any of said ordinances to pay a fine not to exceed two hundred dollars, to work on the streets of said town, not to exceed ninety days, or to serve in the barracks of said town, not to exceed ninety days. He may inflict all of said punishments, or any part thereof, on any offender found guilty in his court, or he may impose a fine with either a street sentence or a barracks sentence in lieu of the fine. If there is an ordinance providing for costs of officers, he may also add costs of the trial, which shall not exceed the amounts provided hereinafter. All fines and forfeitures collected in the mayor's court shall be paid into the treasury of the town, except the costs in the case, or cases, in which collected, and enough of the fines and forfeitures to pay all unpaid costs of officers accrued in other cases. Mayor's powers and duties. Mayor's court. Section 15. Be it further enacted by the authority aforesaid, that there shall be kept a docket for the mayor's court, upon which shall be entered the name of the accused, the name of the offense charged, and the disposition of the case, and such other data as may serve to give a complete history of the case. Same. Section 16. Be it further enacted by the authority aforesaid, that upon the trial of all accused persons in the mayor's court, there shall be a written accusation sworn to by the marshal, clerk, or any other person capable of taking an oath. The mayor or any member of council is hereby authorized to administer and attest said oath, which shall be substantially as follows: Same. Georgia, Wilkinson County; Personally appeared before the undersigned officer of the Town of Allentown, who on oath says that, to the best of his knowledge and

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belief,.....did, on the.....day of..... 19....., violate one of the ordinances of said town by committing the offense of...... Sworn to and subscribed before me this day of..... 19........... of said town. Upon the demand of the accused or his counsel, the defendant shall be furnished with a copy of the accusation against him before he shall be required to announce ready for trial. In case the defendant does not ask for a copy of the accusation at some time before sentence is passed, he may be tried without any such accusation upon the statement of the case upon the accused and a conviction in such event shall be as legal and binding as if had under an accusation. Section 17. Be it further enacted by the authority aforesaid, that the mayor and any member of council or the clerk of council of said town shall be authorized to issue subpoenas for the mayor's court, which must be obeyed by any person served therewith in said town under penalty of being summarily summoned by the mayor or other person presiding in the mayor's court for a contempt. The mayor or other person presiding in the mayor's court shall have the same power to keep order in court and to punish for contempt as the judges of the superior courts, in so far as the same are applicable to a court of this kind, but in no event shall the punishment be greater than a fine of fifty dollars and imprisonment for twenty-four hours in the barracks of said town, which punishment may be in the alternative or not, as the court may direct or it may be both punishments combined. Same. Section 18. Be it further enacted by the authority aforesaid, that the mayor, or any councilman, the town clerk, or any marshal or policeman of said town shall have the authority to issue a summons to any person to appear in the mayor's court to answer a charge of violating a town ordinance, the offense to be named in the

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summons, and any failure of the person so summoned to appear, without a good and sufficient excuse shall subject the person so failing to appear to be dealt with in the mayor's court as provided for a delinquent witness. This mode of dealing with a person charged with violating an ordinance shall not be construed as prohibiting the arresting officer from arresting with or without warrant, according to law, an offender whether previously summoned or not. Same Section 19. Be it further enacted by the authority aforesaid, that the mayor and council shall pass all proper ordinances providing for the levy and sale of property to enforce payment by owner of said property of all taxes, licenses, penalties, fines, and other claims of said town of like kind, after an execution has been issued therefor by the clerk of said town bearing attest in the name of the mayor. In case of the forfeiture of bond, the proceedings shall be the same as provided for like cases in the superior court. In the other cases mentioned above, the ordinances may provide for the summary issuing of a fi. fa. by the clerk or in case of tax fi. fas. by the tax collectors of the State. The said governing body may pass suitable ordinances for the impounding and sale of horses, mules, cattle, hogs, and other live stock running at large on the streets of the said town, said sale to be upon the failure of the owner or other person in charge to pay the fine for allowing said stock to run at large and for the impounding fees as provided by suitable ordinance. In all cases of levy and sale by the marshal of said town, or other officers of said town, the rules governing sheriff's sales shall govern. In case of a claim, illegality, or other like plea being filed, the fi. fa. shall be returned to the Superior Court of Wilkinson County, under the same rules as that applying to fi. fas. issued from said court. Levy and sale. Section 20. Be it further enacted by the authority aforesaid, that the mayor's court shall, in addition to its other functions, be a committing court to the same extent as a justice court of this State. Section 21. Be it further enacted by the authority

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aforesaid, that there shall be a mayor pro tem. of said town, to be selected from the members of council, and to be elected under the same rules as the clerk of council, who shall preside over all council meetings in the absence or disqualification of the mayor, and who shall preside over the mayor's court under similar circumstances or at the request of the mayor; but in the absence of both the mayor and the mayor pro tem. or of their disqualification, or at the request of the mayor, or the mayor pro tem., any member of council may preside over council meeting or over the mayor's court. Mayor pro tem. Section 22. Be it further enacted by the authority aforesaid, that as soon as practicable, after the election and qualification of the mayor and council at the election, of same, it shall be the duty of said body to elect a clerk of council. The clerk so elected may be one member of the council, or may be any other person, in the discretion of said body. The clerk of council shall also be treasurer of said town. It shall be the duty of the clerk to attend all meetings of council, and to do all clerical work required of him by the mayor and council connected with the town business; and in his capacity as treasurer of said town, to receive and safely keep all funds of the town, and to pay them out upon proper vouchers, signed by two councilmen, or one councilman and the mayor, to keep an itemized account of all receipts, disbursements, and to turn over all funds and property of the town in his hands when going out of office. His books at all times shall be open to inspection by the mayor and any member of council. The mayor and council shall also elect as soon as practicable after their election and qualification a marshal, or marshals, for said town, who shall be selected from the inhabitants of said town or any other place, in the discretion of the mayor and council. Both the clerks and marshal, or marshals, shall each give a bond as may be required by ordinance, said bond to be approved by the mayor of said town, and to be payable to the mayor and council of the Town of Allentown and their successors in office, and to be conditioned on their faithful performance of duty and turning over by them

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of all funds belonging to said town in their hands, any such officer shall hold his office in the pleasure discretion of the mayor and council. Both the clerk and marshals shall take and subscribe the following oath before some officer of Wilkinson County authorized to administer oaths or before the mayor or any member of council: I do solemnly swear that I will faithfully perform all of the duties devolving upon me as clerk and treasurer (or marshal, as the case may be) of the Town of Allentown, so help me, God. Said oath to be entered upon the minutes of council. Any policeman appointed temporarily by the mayor as an arresting officer of said town shall not be required to take the oath or to give bond, unless otherwise ordered by the mayor, but shall be considered as a member of the marshal's posse summoned by the mayor. Premiums on clerk, secretary-treasurer and marshal's bonds to be paid by the municipality. Clerk. Marshal. Section 23. Be it further enacted by the authority aforesaid, that no person shall be eligible to the office of mayor or councilman of said town who has not all of the qualifications as to age, and residence, required of one to be elected to the General Assembly of the State of Georgia, or who has not resided in said town one year continuously immediately preceding his election, or who does not continue so to reside during his term of office. Qualifications of mayor and councilmen. Section 24. Be it further enacted by the authority aforesaid, that the clerk and marshal, or marshals, and all special policemen appointed by the mayor shall receive such salary or compensation as may be fixed by the mayor and council, which shall be subject to change at any time. The mayor and council shall be paid such sums and be allowed such exemptions as may be fixed by proper ordinance; but said exemptions shall not be more than exemption from street duty and said sum paid the mayor shall not be more than fifty dollars per annum, and the sums paid the councilmen shall not be more than five dollars per annum. The last named restriction shall not apply to the combined salary of councilman and clerk and treasurer, when one man fills both offices, which

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said sum shall be in the discretion of the mayor and councilmen. Compensation of officers. Section 25. Be it further enacted by the authority aforesaid, that the mayor and council shall have the right to tax all theatrical shows, moving picture shows, slight of hand performances, flying jennies, medicine shows, circuses, circus parades, auctions and all other enterprises of similar nature. Said governing body shall also have the right to require, in their discretion, all persons in charge of said enterprises to furnish at such performances a special policeman to be appointed by the mayor and paid by such persons in charge of same. Amusements, etc. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council may, by proper ordinances, establish fire limits in said town, and may prescribe the kinds of buildings, the kinds of material used in same, the kinds of business conducted therein, and the manner of conducting same within fire limits. Fire protection. Section 27. Be it further enacted by the authority aforesaid, that the mayor and council of said town may levy and collect a street tax for all male inhabitants of said town who reside there for as long as thirty days, and who are between the ages of sixteen and fifty years; provided, that if any person can produce satisfactory evidence that he has worked the streets of any town or city for the time required by said town or city during the same calendar year, or that he has paid the required tax thereof, he shall not be required to work the streets in the Town of Allentown during the calendar year or pay any street tax there. If any person can produce satisfactory evidence that he has done the same under any county system, he shall be likewise excused. The street tax imposed by said town shall not exceed $5.00 per annum for each one liable thereto, which shall not be prorated for any part of the year, and those subject to said tax shall have the alternative of working it out on the streets of said town under the supervision of the mayor and council or of an overseer appointed by said

Page 3399

body, said work to be done when called for by said body of or its overseer, each day to consist of eight working hours. Street tax. Section 28. Be it further enacted by the authority aforesaid, that the mayor and council of said town may pass ordinances forcing all persons subject to any tax, license, or other claim of said town, except ad valorem property tax, to pay same, or to work in lieu thereof, in case of street tax, under penalty of being dealt with for a violation of said ordinances, as provided in Section 14 of this Act. Section 29. Be it further enacted by the authority aforesaid, that the mayor and council of said town may levy and collect an ad valorem tax upon all property in said town, real and personal, not to exceed 10 mills on the $1.00 or $10.00 per annum per thousand on the assessed valuation of the same. Ad valorem tax. Section 30. Be it further enacted by the authority aforesaid, that in case the town does levy an ad valorem tax, as provided above, the clerk of council shall keep a book, or proper blanks, as may be prescribed by said body, for the tax returns of said town; and at such times as may be required of them by the mayor and council, the inhabitants of said town and non-residents owning property therein, shall make returns of property, real and personal, owned by them in said town. The mayor and council may provide for the double taxing of all those who fail to give in their property for taxation at the time required. In case any of these returns are too low, in the opinion of the mayor and council, a written notice shall be served on the taxpayer, whose returns are objected to, to appear before said body at some time fixed in said notice, which shall not be nearer than two days from the time of service of same, to show cause why said returns should not be raised. The decision of the mayor and council after the hearing shall be final. These hearings may be continued as hereinbefore provided for in case of hearings before the registrars. Tax returns.

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The mayor and council may assess all property not given in at whatever valuation they may deem proper, and may also put a double tax on same as provided above. Section 31. Be it further enacted by the authority aforesaid, that the mayor and council may offer a reward for final conviction of all persons charged with a violation of any ordinance or ordinances of said town. The amount offered for reward shall in no case exceed $100.00 dollars. Said reward shall be paid from the treasury of said town. Rewards. Section 32. Be it further enacted by the authority aforesaid, that the mayor and council of said town may assess a dog tax upon all dogs over six months old in said town, not to exceed one dollar per annum for each dog; and said governing body, in addition to the other means of collecting said tax, may pass ordinances for the seizure of any dog for which the tax has not been paid, and after a notice of twenty-four hours to the one owning said dog or having same in charge, may have said dog killed. Dogs. Section 33. Be it further enacted by the authority aforesaid, that the mayor and council may pass all ordinances that they may deem proper prohibiting all persons from having within the limits of said town, in his or her custody or control, any wines, beers, malt, alcoholic, spirituous, or intoxicating liquors of any kind for any illegal purposes, and to provide for the punishment of all persons violating same, said punishment to be as provided for in Section 14 of this Act. Said ordinance, or ordinances, may also provide for the destruction of all liquors found to be in said town for any illegal purpose. Said mayor and council may pass suitable ordinances for the issuing of search warrants by the mayor or by any member of council, upon the oath of any person in writing that, to the best of his knowledge and belief, any such liquor is kept in any place in said town for an illegal purpose. Said oath may be administered by the mayor or any member of council, and attested by same. Said warrant shall be directed to any marshal or policeman

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of the Town of Allentown, commanding him to enter said described place, search for any such liquor, and to seize same upon discovery and keep same in his custody subject to the orders of the mayor's court, and to return said warrant with an endorsement thereon of his actings and doings to the mayor's court. Said ordinances may provide for the seizing without a warrant of any such liquor by any such officer whenever he finds same in said town under such circumstances as would justify him in swearing out a warrant for the seizure of same under such warrant; but said ordinance may provide that the officer seizing such liquor without a warrant, as above, must proceed as soon as possible to swear out such a warrant, and to endorse upon same his actings and doing and return same to the mayor's court. Said ordinance must provide for a written notice to the party appearing to have said liquor in his custody, and if no one appears to have same in his custody or control, then the one who appears to have the building or place where same was found in his control, to appear in the mayor's court and show cause why said liquors should not be destroyed. At the hearing of the person presiding in the mayor's court he shall hear the evidence on both sides, if any, and shall determine whether or not said liquor was kept in said town for any illegal purpose, said decision to be made whether the person notified has appeared in answer to the notice or not. If the question is decided in the affirmative, said person presiding in the mayor's court shall order same be destroyed after thirty days from the date of the judgment, unless proper legal steps are taken in the meantime to prevent. Alcoholic liquors. Section 34. Be it further enacted by the authority aforesaid, that the mayor and council shall have the authority to pass an ordinance, or ordinances, regulating the businesses and professions of said town and levying a special business tax, or license, upon all places of business, in said town, and providing for the collection thereof. All persons failing or refusing to pay such license or tax may be punished as provided for in Section 14 of this Act. Licenses.

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Section 35. Be it further enacted by the authority aforesaid, that the mayor and council of said town shall have the authority to remove from office any member of the council who shall, after trial before said body sitting as a trial court, be convicted of having failed to properly account for any property or funds belonging to said town in his hands, or of having, while a member of said board of council, been guilty of any act of gross neglect or misconduct while drunk or otherwise. Said removal may take place for any such act committed during any former term of said councilman as well as during the term during which the trial takes place; provided that no trial for the last named act or offense shall be begun not later than six months from the time of the alleged offense. The members of council, sitting as a trial court, shall have the authority to try in the same way, and under the same restrictions, the mayor for a like offense, and upon conviction, to remove him from office. In the event of a trial of either the mayor or a councilman, as above, the accused shall not form a part of the trial court and shall not vote therein. In order to convict the accused, three affirmative votes shall be necessary, in the case of a councilman the vote to be the votes of 3 councilmen or of 2 councilmen and the mayor, the mayor having a right to vote whether there is a tie vote or not; in the case of the mayor the votes to be the votes of 3 councilmen, the temporary presiding officer having a right to vote whether there is a tie vote or not. Any of said officers shall not be tried except upon a written accusation, signed by an inhabitant of said town, and sworn to before some officer of Wilkinson County, authorized by law to administer oaths, and setting forth with as much particularity as practicable the time, place and circumstances of said alleged offense. The accused shall be served by a clerk of council with a written notice of the time of said trial, said time to be determined by the majority of those qualified to try him, whenever such majority shall determine to try him upon any accusation filed with them, as above. Said notice shall be considered as waived by the accused if he appears at said trial. The accused shall have the usual rights as to a continuance,

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the subpoenaing of witnesses, introducing witnesses, being present at the trial, and of benefit of counsel. Said trial court shall proceed to hear said case whether the defendant is present or not, after they are satisfied that the defendant has received the proper notice and that the defendant has no sufficient excuse for his absence. After a full and public hearing the trial court may, in the discretion of a majority, deliberate in private upon their verdict. A verdict of guilty shall, of its own force, remove the defendant from office, and he shall remain so removed until the verdict is set aside by a court of competent jurisdiction. This sentence and removal shall not protect the defendant from being dealt with otherwise for his offense by any court of competent jurisdiction, nor shall it disqualify him from being elected to the same or any other office. Removal of mayor or councilmen. Section 36. Be it further enacted by the authority aforesaid, that no person shall be tried for any offense in the mayor's court of said town, unless the case against the accused if put upon the docket of the mayor's court within six months from the time of the alleged commission of the offense, or unless an accusation, as herein-before provided, if filed in said court within said period. Limitation, accusations in mayor's court. Section 37. Be it further enacted by the authority aforesaid, that any person convicted in the mayor's court of said town, except for contempt committed in the presence of the court, shall have the right to appeal the case to the council, or to the mayor and council in case the trial took place before any other officer than the mayor. Said appeal must be in writing, and must be filed in said court within four days, Sundays excepted, from the date of the conviction. It must be signed by the accused, and be substantially as follows: Appeal from mayor's court. Allentown, Ga......19...... I hereby enter my appeal from the conviction against me in the mayor's court of the Town of Allentown, on the.....day of.....19..... for the offense of.....and ask the

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council of said town for a rehearing on same. Said appeal shall operate as a supersedeas; but unless the accused pays into the court the amount of the fine assessed against him, where there has been a fine assessed, or gives bond for his appearance before council at the time of the re-hearing to answer the final judgment in the case, he must be held in the custody of the marshal by imprisonment or otherwise, until the time of the hearing, unless the person presiding in the mayor's court at his conviction orders him released on his own cognizance. The bond mentioned above must be in an amount fixed by the person presiding at the conviction and must have such sureties as are approved by said officer. When the case comes on for a re-hearing, the person presiding in the mayor's court at the time of the conviction, must not take any part in the trial on the re-hearing. The judgment in the mayor's court shall stand approved unless there is an affirmative vote to change it, of at least 3 councilmen or of 1 councilman and the mayor, when the mayor did not preside at the first trial. The trial must be conducted the same way as provided for trials in the mayor's court. Said trial before council must take place as soon as possible after the appeal is entered. The appeal court may acquit the defendant, or they may find him guilty and sentence him as provided in Section 14 of this Act. Section 38. The mayor or other person presiding in the mayor's court shall have the right at any time after a conviction, and before the fine is paid or before the sentence is served, to suspend the sentence imposed; provided, that in case said order of suspension is not revoked by the one issuing it within six months from the time it is issued, said order of suspension shall act as a complete bar to the further pressing of said sentence against the person convicted. Suspension of sentences. Section 39. Be it further enacted by the authority aforesaid, that the mayor and council of the Town of Allentown may elect a city recorder, who shall be twenty-five years of age and shall have resided two years next

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preceding his election in the Town of Allentown, and shall be a qualified elector, who before entering upon the duties of his office shall take an oath before the mayor or other officer authorized to administer oaths that he will faithfully, truthfully and honestly discharge the duties of his office to the best of his ability, without fear, favor, or partiality. This oath shall be entered upon the minutes of the council. Said recorder may be removed from office by the mayor and council after trial and conviction had before said mayor and council upon written charges for neglect of duty or other conduct unbecoming his station, to be judged by said body. The vote of a majority of said body shall be necessary for such conviction and removal. The compensation of said recorder shall be fixed in the discretion of the said mayor and council. Recorder. Section 40. Be it further enacted that the mayor and town council of Allentown are authorized and empowered to elect a chief of police, policeman, health officer, building inspector, chief of fire department, town physician, town attorney, town engineer, waterworks superintendent, cemetery keeper, and such other officers and employees as said mayor and town council may deem necessary for the Town of Allentown. Other officers. Section 41. Be it further enacted by the authority aforesaid that the mayor and town council shall have the power and authority to prescribe by ordinance such rules and regulations as in their discretion may be deemed necessary respecting the grading, paving, repaving, curbing, macadamizing, draining or otherwise improving the streets, sidewalks, ways and alleys of said city and the assessment of any or all the costs or expenses thereof against abutting property, owners, and the enforcement by execution of the collection of such assessments. Street, sidewalks, etc. Section 42. Be it further enacted by the authority aforesaid that the mayor and town council shall have the authority in the name of the Town of Allentown, to provide for the issuance of executions for the full assessments

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against the abutting property, or any part of said property, or other property as hereinbefore provided, and the owners thereof, for the cost of any such street improvement, and shall have the authority to issue street improvement certificates or bonds to cover the estimated cost thereof, which certificates or bonds shall in no event become a liability of the Town of Allentown, but shall be payable solely from assessments made against real estate under the provisions of this Act, and sell the same at the best price obtainable. Such certificates or bonds shall be negotiable and shall be issued in such denominations and payable at such times and shall bear such rate of interest payable annually or semiannually as may be determined by town council. Said certificates or bonds shall be signed in the name of the Town of Allentown, by the mayor, attested by the clerk of council of said town, and shall have the corporate seal of said town affixed thereto. They shall be payable to bearer at such place as may be designated, and shall be based upon the execution issued against the abutting property owners for street or sidewalk improvement as hereinbefore provided. They may be turned over and delivered to the contractor to whom the contract has been awarded for such street or sidewalk improvement at such price or consideration as may be agreed upon in the payment of the amount due said contractor on his contract. Such certificates or bonds may be registered with the clerk of council in records to be provided for that purpose, and certificates of registration by the clerk of council shall be entered and endorsed upon each of said certificates or bonds so registered. Executions. Bonds. Section 43. Be it further enacted by the authority aforesaid the provisions of this Act shall likewise apply to any sewer or water lines or mains the Town of Allentown through its town council may deem necessary to construct or rebuild; and the town council shall have the same power and authority as to such extension or rebuilding of sewer and water lines of said town as vested in them by this Act as to paving, repaving, curbing and otherwise improving the sidewalks and streets of said town, and all the provisions to the Act shall apply to

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such additions and improvements to the sewer and water lines of said town to the levying of assessments to cover the costs and expenses thereof and to the issuance of certificates or bonds to raise money for such purposes; but certificates and bonds issued for the extension or improvement of sewer or water lines or mains shall be known as sewer improvements certificates or sewer improvements bonds, or water improvements certificates or water improvements bonds, sewer and water certificates or sewer and water bonds as the case may be. Sewer and water systems. Section 44. Be it further enacted by the authority aforesaid, that no paving or repaving of any of the streets of the Town of Allenown or part or parts thereof, or extension or improvements of any of the water or sewer lines and mains of said town shall be undertaken by the town council except by consent of the property owners owning a majority of the property abutting on the streets to be improved or extended, determined according to the method of assessment adopted under this Act as provided for herein, that is, on the basis of lineal feet frontage area or value of abutting property, one or more or all. When said town council shall determine and decide to submit a street improvement project, such consent may be determined by a failure of such majority of such owners of property, determined as aforesaid, within fifteen days after the publication in any newspaper in the County of Wilkinson of a notice by the clerk of the Town Council of Allentown that an improvement project is contemplated, naming the street or streets, or part of street or streets, to be improved, and specifying the nature of the improvement, to file a protest or objection to such improvement, or it may be determined by the filing of a petition by a majority of the owners of the property, determined as aforesaid for an improvement project, which petition shall specify the streets or street, or part or parts of street or streets which it is deemed shall be improved, and the nature of the improvement sought. After it is determined by said town council that a majority of said owners of property, determined as aforesaid, have not filed protest or objection to an improvement

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project, contemplated within the time allowed, or that a majority of the owners of property, determined as aforesaid have petitioned for such improvement project, then the said town council, before they shall be authorized to proceed further with such improvement project, shall pass an ordinance providing for such project which ordinance shall be published one time in any newspaper published in said County of Wilkinson, and all property owners to be assessed for the cost of the improvement who do not within fifteen days after the publication of said ordinance commence legal proceedings to prevent the assessment of their property as provided for in this Act shall be conclusively presumed to have accepted the terms of said ordinance and to have agreed that the assessment against their property as provided in this Act shall be made. Procedure for improvements. Section 45. Be it further enacted by the authority aforesaid, that the mayor and town council shall have the power and authority to issue bonds of said Town of Allentown at such times as they see proper, within the limits provided by the Constitution of Georgia, and of such denomination and in such amounts as they see proper; the said bonds shall not bear interest in excess of five percent per annum, and not run for a period of longer than thirty years from date of issue, but may bear a less rate of interest and run for a shorter period of time from the date of their issue in the discretion of the town council. Said bonds to be issued, hypothecated, and sold for the purpose of establishing and maintaining, equipping, extending, operating and repairing a system of waterworks, a system of sanitary sewerage, a crematory, a system of street lights, whether gas or electric or both, a system of public schools, paving or macadamizing streets, or sidewalks, erection of necessary public buildings, and adequate fire department, a hospital and drainage. Bonds. Section 46. Be it further enacted, that said town by and through its mayor and town council, shall have full power and authority to acquire, construct, reconstruct,

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improve and extend revenue-producing projects and systems, to maintain and operate the same, to prescribe, revise, fix and collect taxes, fees, tolls, and charge for the services, facilities and commodities furnished thereby and, in anticipation of the collection of revenues there-from to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities to do all the things and acts authorized by the Revenue Anticipation Laws of 1937, of this State, and Acts amendatory thereof. Revenue-producing projects. Section 47. Be it further enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the mayor and town councilmen of the Town of Allentown may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare, adopt by ordinance a plan or plans for the zoning of the town for the purpose of regulating the location of trades, industries, apartment houses, dwellings, or other uses of property; or for the purpose of regulating the height and location of the buildings, fences or other structures; or for the purpose of regulating the alignment of buildings or their structures near street frontages. The zoning regulations may be based upon any one or more of the purposes above described. The town may be divided into such number of zones or districts, and such districts may be of such shape and area as the mayor and aldermen of said town shall deem best to accomplish the purposes of the zoning regulations; in the determination and establishment of districts and regulations, classifications may be based on the nature or character of the trade, industry, profession, or other activity conducted or to be conducted upon the premises; the number of persons, families, or other group units to reside in or use said buildings; the public, quasi-public, or private nature of the use of the premises; or upon any other basis relevant to the promotion of the public health, safety, order, morals, convenience, happiness, prosperity or welfare, and to enact any ordinances necessary to effectually carry out this section.

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Section 48. Be it further enacted by the authority aforesaid, that the rights of certiorari from the judgment of mayor's court shall be had to the Superior Court of Wilkinson County, Georgia, and shall be governed and controlled by the laws of Georgia in force at the time the certiorari is made. Certiorari from mayor's court. Section 49. Be it further enacted that the mayor and town council shall have power and authority to require any person, firm or corporation to obtain from said town written permit to build, erect, repair or remodel in said town any house, building or any kind of structure, where the estimated costs thereof shall exceed fifty dollars. The mayor and town council shall have power and authority to prescribe the form of application for said permit and specify the information to be furnished by the applicant. The mayor and town council shall have the power and authority to specify the kind, type, and materials to be used in such building or repair and to grant or refuse to grant any application for permit with or without cause. They shall also have power and authority to provide penalties for the violation of any ordinances, rules or regulations regarding building permits. Building permits. Section 50. Be it enacted by the authority aforesaid, that the mayor and town council shall have full power and authority to regulate the running, speed and parking of buses, trucks, automobiles, trailers, engines, trains and other vehicles within the limits of said town and upon the streets, railroads, alleys, or other places in said town. Vehicles. Section 51. Be it further enacted that the Town of Allentown shall have the power and authority to own, acquire, control, and maintain property in or near said town for a cemetery, and to regulate and control interments therein, to punish any and all persons injuring or destroying the property or shrubbery therein, and to enact such ordinances and to prescribe such rules and regulations as the mayor and town council may deem necessary to properly regulate, protect and control the said property and the use thereof. Cemetery.

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Section 52. Be it further enacted that the mayor and town council may declare what shall be a nuisance in said town, and provide for the abatement of the same; also to provide for punishment for anyone found guilty of maintaining or carrying on a nuisance. In the event a nuisance is abated at an expense or cost to the Town of Allentown and the owner of said nuisance fails and refuses to pay said cost or expense within ten days after a demand is made for such payment, then the clerk of the Town of Allentown shall issue execution in the name of said town for such costs or expenses in the same manner as for taxes. Said execution shall have the same dignity as one issued from the superior courts of this State. Nuisances. Section 53. The mayor and town council is authorized and empowered as a municipality or in contractual relationship with other neighboring towns or cities jointly for itself or to be jointly owned and operated to sell, furnish, and distribute water, gas, lights, sewerage, electric energy, power and any other utilities service together with the facilities to furnish and suuply these services and utilities within the corporate limits and within three miles from the corporate limits of said town. The mayor and town council is authorized and empowered to make contracts for the purchase of electric energy, power and current for its use and redistribution, to generate and manufacture the same; to contract for the purchase, installation and maintenance of any and all machinery, facilities, and equipment the town council may deem necessary. That the said town shall have the right to obtain by purchase, gift or condemnation such right of ways and easements as may be necessary for the purposes as provided for in this section. Utility systems. Section 54. Be it further enacted by the authority aforesaid, that (a) upon the failure or refusal of any person to pay promptly any fine or costs imposed by said mayor's court, the same may be enforced and collected by an execution issued by the clerk of council as provided for herein for the collection of taxes, and levies, sales

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and defenses may be made in the same manner as executions issued for taxes. (b) The mayor and town council shall have the power and authority to provide by ordinance or otherwise for the charge and collection of all costs in mayor's court such as are usually incident and lawfully chargeable in the class of cases tried in said court, the same to be added to, or included in the amount of fine imposed. Unless changed by the town council and mayor, the charges for costs shall be the same as are now or as may be lawfully charged in superior courts of this State. Mayor's court. (c) The mayor of said town shall be ex officio justice of the peace so far as to enable him to issue warrants for any offense, State or town, committed within the town limits of said town. Said warrant may be served by the marshal or police of said town or by any other arresting officer of this State, and acting under said warrant, the officer may arrest either within or without the limits of said town. Offenders so arrested may be carried before the mayor, and if there is probable cause to suspect that any of the penal laws of this State or any rule, regulation, bylaw, ordinance or law of said town has been violated, then the mayor may bind the offender over to the proper court, and to commit the accused to the jail or place of confinement to answer the charge against him, provided, that the mayor may, if such offense is bailable, admit the accused to bail, the arresting officer may approve the bond. Should the accused be bound over to the State courts then all papers shall be delivered to the clerk of the court to which the accused was bound over. (d) That the mayor pro tem. may serve as the mayor when the mayor is absent, disqualified, or unavailable to serve, then the aldermen with the longest service as alderman of said town may serve as presiding officer at mayor's court. Section 55. Be it further enacted that the mayor and

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town council may audit or have an audit made of all or any part of the city records and books at such times as they deem necessary. They can adopt the auditor's report and findings as they see fit. Audits. Section 56. Be it further enacted by the authority aforesaid that the mayor and town council is hereby granted power and authority to authorize any arresting officer of said town to take and accept bond for the appearance at police court of any person arrested, giving receipt for any case received as bond. That should a cash bond be posted no further security may be required, but if any other kind of bond is given, except a cash bond, then a citizen of the Town of Allentown owning property of a net unincumbered value in excess of the homestead exemption and double the amount of the bond will be required as security on said bond. The arresting officer will pass upon the security. Appearance bonds. (a) In the event the principal appears in mayor's court at the time specified in said bond, the cash will be returned to him if a cash bond was given, and if a security bond was given, the surety or person acting as security will be relieved of further liability. (b) Should the principal fail to appear and a cash bond was given, then the cash bond may be forfeited by the presiding officer and the funds will be placed in the general funds for use by the town. Section 57. Be it further enacted by the authority aforesaid that the Town of Allentown is granted power and authority to issue executions and fi. fas. against any person, firm or corporation for any debt or claim the city may have against said person, firm or corporation, said debt or claim to include taxes, assessments, sewer rental, water, lights, paving, license, impounding fees and charges, rents of various kinds, fines and forfeitures, charges for laying sewers and water pipes, for cleaning, repairing, removing or installing privies, abating nuisances, and such other claim, demand or debt due the town. Executions.

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(b) The Town of Allentown is granted authority and power to serve said execution of fi. fa., to make levy upon any property of the defendant and to sell the same as now or as may hereafter be provided by law for sheriff's sales, except that the mayor of said town is authorized to hear and grant orders for sale of personal property so levied upon and personal property may be sold after advertising the sale for ten days by posting notices at the city hall and two other places. Perishable property or personal property where there is an expense in the keeping of the same, may be sold after advertising the sale by posting notices at the city hall and two other places for three days. The marshal of said town, unless some other official is designated by city council, shall make said levies, advertisements, sales, execute the necessary deeds and other instruments and place the purchasers in possession. (c) Any person having an interest in the property levied on as aforesaid may file a plea of illegality, as provided by law, returnable to the Superior Court of Wilkinson County, Georgia. Section 58. Be it further enacted by the authority aforesaid, that the amount of the assessment on each piece of real estate against the owner thereof, from the date of the passage of the ordinance providing for the work and making assessments, and said mayor and town council shall have full power and authority to enforce the collection of any assessment so made for such work or improvement by execution issued by the clerk of council of said Town against the real estate so assessed and the owner thereof, and after advertising and other proceedings as in the case of tax sales under existing laws and ordinances. All affidavits shall set out in detail the reason why affiants claim the amount is not due and when received by said town shall be returned to the Superior Court of Wilkinson County and there tried and subject to all the pains and penalties provided for in the case of illegality for delay under the Code of Georgia. Same. Section 59. Be it further enacted by the authority

Page 3415

aforesaid, that the mayor and town council is granted authority to regulate, license, control and supervise the sale and distribution of any malt or alcoholic drinks or beverages within the town limits where the sale, storage, or possession of malt, beer, or other alcoholic beverages or drinks have a tendency to adversely affect the moral, physical or health conditions of said town or the inhabitants thereof, and to assess and fix a license tax thereon. Intoxicating liquors. Section 60. Be it further enacted by the authority aforesaid, that the sections and provisions of this chapter and Act are severable and were so enacted by the General Assembly and should any section, or part hereof be held contrary to the Constitution or laws of the State of Georgia or the United States of America, the part so held to be void shall be ineffective but the remainder of said Act shall remain in full force and effect. Section 61. Be it further enacted by the authority aforesaid that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. State of Georgia, County of Wilkinson. Notice is hereby given that application will be made during the January, 1956, session of the General Assembly of Georgia, which convenes on the second Monday in January 1956, for the passage and approval of the bill to be entitled An Act to establish a new charter for the Town of Allentown in the County of Wilkinson; to define the corporate limits thereof; to provide for a mayor and five councilmen of said town; to prescribe the qualifications and duties and powers of the mayor and councilmen; their election and term of office; to declare and define police powers of said town; to provide for all matters of municipal concern and cognizance; to provide for the continuance in office of the present mayor and councilmen until the expiration of their term; to provide for the succession of said town under the old charter; to provide

Page 3416

for the passage by the mayor and councilmen of all ordinances necessary for the good government of said town, including the right to pass ordinance for the prohibiting and keeping of certain named liquors in said town for any unlawful purpose; to pass ordinances allowing the mayor to issue search warrants for seizure and destruction of any such liquors so kept; for its seizure before the issuing of a warrant under special named circumstances; to provide for the levying of taxes and licenses. To provide for the qualification of voters; to provide for registration; to provide employees; to authorize said town to own, maintain and operate a system of waterworks, sewers, gas and electric plants; to provide for the issuance of bonds; to provide for condemnation and the exercise of eminent domain; to provide for streets, avenues; sidewalks and alleys; to authorize the issuance of licenses; to provide for all matters and things which are necessary and proper for the existence of a municipal corporation; to repeal all conflicting laws and for other purposes. This January 16, 1956. Signed: A. T. Land, Rep. in the General Assembly of Georgia from Wilkinson County. Jas D. Shannon, Attorney at Law for the Town of Allentown. 20-27-3 State of Georgia, County of Wilkinson. Personally appeared before me the undersigned officer duly authorized to administer oaths, Hazel Couey, publisher of Wilkinson County News, the official gazette of Wilkinson County, Georgia, being the newspaper in which sheriff's sales for said county are published, after being

Page 3417

duly sworn deposes and says that the attached copy of notice of local legislation was published in the Wilkinson County News on the following dates to wit: Jan. 20, Jan. 27 and Feb. 3, 1956. /s/ Hazel Couey, Publisher, Wilkinson County News. Sworn to and subscribed before me, this the 3rd day of February, 1956. /s/ George Matthews, Notary Public Wilkinson Co. My commission expires Oct. 10, 1956. (Seal Attached) Notice of Local Legislation. State of Georgia, County of Wilkinson. Notice is hereby given that application will be made during the January, 1956, session of the General Assembly of Georgia, which convenes on the second Monday in January 1956, for the passage and approval of the bill to be entitled An Act to establish a new charter for the Town of Allentown in the County of Wilkinson; to define the corporate limits thereof; to provide for a mayor and five councilmen of said town; to prescribe the qualifications and duties and powers of the mayor and councilmen; their election and term of office; to declare and define police powers of said town; to provide for all matters of municipal concern and cognizance; to provide for the continuance in office of the present mayor and councilmen until the expiration of their term; to provide for the succession of said town under the old charter; to provide for the passage by the mayor and councilmen of all ordinances necessary for the good government of said town, including the right to pass ordinance for the prohibiting and keeping of certain named liquors in said town for any unlawful purpose; to pass ordinances allowing the mayor to issue search warrants for, seizure and

Page 3418

destruction of any such liquors so kept; for its seizure before the issuing of a warrant under special named circumstances; to provide for the levying of taxes and licenses. To provide for the qualification of voters; to provide for registration; to provide employees; to authorize said town to own, maintain and operate a system of waterworks, sewers, gas and electric plants; to provide for the issuance of bonds; to provide for condemnation and the exercise of eminent domain; to provide for streets, avenues, sidewalks and alleys; to authorize the issuance of licenses; to provide for all matters and things which are necessary and proper for the existence of a municipal corporation; to repeal all conflicting laws and for other purposes. This January 16, 1956. Signed: A. T. Land, Rep. in the General Assembly of Georgia from Wilkinson County. Jas. D. Shannon, Attorney at Law for the Town of Allentown. 20-27-3 Approved March 9, 1956. LAW BOOKS TO CITY COURT OF HINESVILLE. No. 124 (House Resolution No. 211-608a). A Resolution. Authorizing and directing the State Librarian to furnish to the Judge of the City Court of Hinesville certain law books.

Page 3419

Whereas, certain law books belonging to the library of the City Court of Hinesville are either lost or in such a condition as to be practically useless; and Whereas, the business of said court is hampered and delayed because of the lack of such books which are necessary for the official transaction of the business of said court: Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish to the Judge of the City Court of Hinesville the following law books: Georgia Appeals Reports: Volumes, 3, 6, 8, 10, 11, 13, 14, 19, 22, 26, 32, 33, 36, 40, 41, 42, 48, 55, 57, 65, 66, 67, 73, 84, 85, 86, 87, 88 and 89. Georgia Reports: Volumes 1, 2, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 17, 19, 20, 22, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 44, 47, 48, 49, 50, 51, 53, 55, 56, 58, 61, 62, 64, 65, 66, 67, 68, 69, 70, 72, 73, 74, 75, 77, 79, 81, 82, 83, 84, 85, 87, 88, 89, 90, 92, 93, 95, 99, 102, 104, 109, 112, 113, 114, 115, 116, 118, 119, 120, 122, 125, 126, 127, 128, 130, 131, 132, 133, 134, 135, 138, 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, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 208, 209, 210. If for any reason the State Librarian can not furnish the above named books, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for such books, provided funds are available for that purpose. Approved March 9, 1956.

Page 3420

LAW BOOKS TO DOUGLAS COUNTY. No. 131 (House Resolution No. 53-163b). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to Douglas County; and for other purposes. Whereas, the courthouse of Douglas County was recently destroyed by fire and all the law books contained therein were completely consumed; and Whereas, it is essential that the superior court and the court of ordinary obtain the necessary law books in order to function properly, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian is hereby authorized and directed to furnish one (1) complete set of the Georgia Supreme Court Reports and one (1) complete set of the Georgia Court of Appeals Reports to the Clerk of the Superior Court of Douglas County, and one (1) complete set of each of the aforesaid reports to the Ordinary of Douglas County, all without cost to the clerk or the ordinary of the county except for the payment for the packing and transportation charges, if any, which shall be paid by Douglas County. Be it further resolved that if for any reason the State Librarian can not furnish any of the books above specified, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase said books, provided such amount is available from any unappropriated funds. Approved March 9, 1956.

Page 3421

LAW BOOKS TO FORSYTH SUPERIOR COURT. No. 145 (House Resolution No. 207-587c). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Forsyth County, without cost to said county, certain law books; and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports and the Georgia Court of Appeals Reports belonging to the Clerk of the Superior Court of Forsyth County are missing; and Whereas, such books are necessary to transact its business and that of the State, Now, therefore, be it resolved by the General Assembly of Georgia that the State Librarian be and is hereby authorized and directed to furnish to the Clerk of the Superior Court of Forsyth County, without cost to said county except for payment of packing and transportation charges, the following volumes to wit: Volumes 1, 2, 4, 9, 11, 12, 13, 15, 16, 17, 18, 24, 25, 27, 30, 31, 33, 35, 39, 41, 43, 44, 45, 47, 48, 56, 57, 58, 59, 60, 65, 66, 67, 68, 70, 73, 75, 77, 82, 83, 85, 88, 95, 96, 100, 105, 106, 111, 117, 118, 119, 123, 128, 133, 135, 138, 142, 147, 149, 151, 170, 171, and 174 of the Georgia Supreme Court Reports; and Volumes 7, 20, 24, 40, and 73 of the Georgia Court of Appeals Reports. Be it further resolved that if for any reason the State Librarian can not furnish the above named books, the Governor is hereby authorized to draw his warrant on the State treasury for the amount required to purchase same on any unappropriated funds in the State treasury, provided said funds are available for this purpose. Approved March 9, 1956.

Page 3422

ZONING AND PLANNING IN CERTAIN CITIES. No. 455 (House Bill No. 260). An Act to amend an Act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes, approved January 31, 1946 (Ga. L. 1946, pp. 191-203), as amended by the Act approved February 15, 1952 (Ga. L. 1952, pp. 2731, 2732), providing that the said Act shall apply to municipalities having a population of 300,000 or more according to the United States census of 1950 or any future United States census and providing additional regulations for such cities, so as to strike from Section 1 of the amendatory Act the requirement that the governing authority of a smaller county, where the city lies in two counties, shall agree to certain actions; to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same, as follows: Section 1. That the Act entitled An Act to authorize the governing authority of the several municipalities of this State to enact zoning and planning ordinances and regulations, to provide the procedure for zoning and planning, to provide for the establishment of planning boards and boards of adjustment and for other purposes, approved January 31, 1946 (Ga. L. 1946, pp. 191-203), as amended by the Act approved February 15, 1952 (Ga. L. 1952, pp. 2731, 2732), be and the same is hereby amended by striking from Section 17A, which is amended by Section 1 of said amending Act, the following language: If any such municipality, having a population of more than 300,000 according to the United States census of 1950 or any future United States census, lies

Page 3423

in more than one county, a condition precedent to any action by the municipal planning commission relating to zoning regulations, changes and amendments thereof or related to the exercise of the duties imposed by this Act, or by the board of adjustment in hearing appeals as herein provided, which affects property lying in the county in which the lesser portion of the population of said municipality resides, shall be the written approval of the governing authority of such smaller county., so that said Section 17A, when amended, shall read as follows: Sec. 17 A, Act of 1952, amended. Section 17A. This Act shall not affect any municipality now having a system of zoning and planning ordinances and regulations unless the governing authority of such municipality shall by resolution declare this Act to be effective, provided, however, the provisions of this Act shall apply to all municipalities having a population of more than 300,000, according to the United States census of 1950 or any future United States census. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. NORTH WEST POINT CHARTER. No. 456 (House Bill No. 546). An Act to incorporate and establish the City of North West Point, in the County of Troup; to declare the rights, powers, and privileges of said corporation, to provide for the submission of this Act for ratification or rejection, and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by the authority of the same, that the name of the corporation shall be the City of North West Point, and by such, its corporate name, it shall have perpetual existence, shall

Page 3424

sue and be sued, plead and be empleaded, and do all other acts relating to its corporate capacity. It shall have and use a common seal, and shall succeed to all the rights and liabilities of the Town of North West Point. Incorporation. Section 2. Be it further enacted, that the corporate limits of said city of North West Point shall include portions of the area shown by a plat made by L. W. Stanford, Surveyor, in 1939, which plat is filed in book 2, pages 7 and 8 in the office of the Superior Court of Troup County records. Said corporate limits as shown by said plat as follows: Beginning at an iron pin in the north margin of lot 286 in the 5th land lot district of Troup County, Georgia. Said pin being 527 feet west of the northeast corner of land lot 286; thence, running east along the north margin of land lots 286, 274 and 238 for a distance of 5,684 feet more or less to the northwest margin of the Atlanta and West Point Railroad right-of-way; thence, southwest along said right-of-way for a distance of 3,450 feet more or less to the north margin of a county road now known as the Loveless Road; thence, west along the north margin of the said Loveless Road for a distance of 3,300 feet more or less to the west margin of US Highway No. 29 right-of-way; thence, northeast along said west margin of US Highway No. 29 for a distance of 260 feet more or less to the north margin of a county road known as the Garland Road; thence, west along the right-of-way of said Garland Road for a distance of 960 feet more or less to the east margin of a county road known as the Gilmore Road; thence north along the east margin of said Gilmore Road for a distance of 2,730 feet more or less to the said iron pin which is the point of beginning. Corporate limits. Section 3. The mayor and council of said city shall, within 60 days after the date this Act becomes law, plainly mark and establish the corporate lines by placing sign boards at every place necessary and at every road, line or pathway crossing said corporate limits with the words City Limit inscribed thereon in letters sufficiently large for plain and clear reading.

Page 3425

Section 4. The municipal government of said city shall be vested in a mayor and three councilmen. Mayor and council. Section 5. The mayor and council shall constitute the legislative department of said cty, and as such shall have full power and authority to establish such rules, laws, ordinances regulations and orders as they deem proper, respecting and all municipal affairs, and which they may consider necessary or proper, or incident to the good government of said town, and to the peace, security, health, happiness, welfare, protection or convenience of the inhabitants thereof, and for the preservation, peace, good order and dignity of said government. Powers. Section 6. The mayor and council of said city may elect a town clerk and treasurer, who shall hold office for such period of time and receive such compensation as may be provided by said mayor and council. Said mayor and council likewise may elect such other city employees as in their opinion should be employed. All such employees shall be elected for such term and upon such conditions as may be prescribed by said mayor and council, and shall receive such compensation as may be provided at the time of election. Clerk, treasurer, etc. Section 7. On the 1st Saturday in the month of March in the year 1956, an election shall be held in said city to elect the mayor and councilmen. The successors elected shall take office April 1, 1956 for a term of two years. All future elections shall be held on the same day every two years and the terms of office of the mayor and councilmen shall be for two years. Election of mayor and council. Section 8. Any person who is a resident of said city and who has been a resident thereof for the six months immediately preceding the date of the election and who is twenty-one years of age and a qualified voter of said city shall be eligible to be elected as mayor and councilman. Should the mayor or any councilman remove his residence from within the corporate limits of said city during his term of office, his office shall immediately become vacant. Qualified voters.

Page 3426

Section 9. The members of the council shall elect one of their number as mayor pro tem. who shall serve in the absence of the mayor and shall be vested with all the power and authority of the mayor. Mayor pro tem. Section 10. In the case of a vacancy in the office of mayor or any councilman by reason of death, removal, disability or from any cause other than the expiration of the term of office, such vacancy shall be filled by appointment by the mayor and remaining members of the council or the remaining members of the council as the case may be. The person so appointed shall serve for the remainder of the unexpired term. Vacancies. Section 11. Before entering upon their duties as mayor and council of said town, the mayor and council shall take the following oath: I do solemnly swear that I will faithfully discharge the duties devolved on me as mayor or councilman (as the case may be) of the City of North West Point. That I will faithfully execute and enforce the laws and ordinances of said city to the best of my ability, skill and knowledge, so help me God. Oath of mayor and council. Section 12. The mayor shall be the chief executive officer of said city and shall be charged with the duty of seeing that all laws, ordinances, rules and regulations of said city are enforced. He shall preside at all meetings of the council. He shall have veto power and may veto any ordinance, order or resolution of the city council and the same shall not become a law unless subsequently passed over his veto by a unanimous vote of the council. Mayor's powers and duties. Section 13. The mayor shall have full authority and power to pardon or suspend or commute the sentence of any person convicted of a violation of any ordinance of said city. Section 14. The mayor and council of North West Point shall have full power to fix the time, place and rules of procedure of their regular sessions. The mayor shall have power to convene the city council in special

Page 3427

sessions whenever he deems it proper; and the mayor and council shall have full authority and power to perform any of their duties or powers at a special or called session. Meetings of council. Section 15. The salary of the mayor shall be $5.00 five dollars per month. The compensation of each member of the council shall be $5.00 five dollars per month. Conpensation of mayor and council. Section 16. The mayor and council shall have authority to elect a chief of police and such other policemen as they deem desirable and necessary and to fix the compensation therefor. Police. Section 17. The mayor and council shall likewise have the right to establish a fire department, with such officers and employees and at such salary as the mayor and council may determine. Fire protection. Section 18. Any person who has been a resident of said city for at least six months immediately preceding the date of an election and who is qualified to vote for members of the General Assembly shall be eligible to vote in such election if such person is properly registered as hereinafter provided. Qualified voters. Section 19. The mayor and council shall provide suitable books or cards, or both, for the permanent registering of voters of said city. Every person registered shall take the following oath: I do hereby solemnly swear that I am 18 years of age, that I will have been a resident of the City of North West Point for six months on or before the date of the next city election and am qualified to vote for members of the General Assembly. Registration. The clerk or other person designated by the mayor and council shall be the registrar of the city. He is hereby given the authority to administer the above oath. No person registering shall be required to again register as a qualified voter of said city as long as he remains a resident thereof and does not become otherwise disqualified.

Page 3428

Whenever an election is to be held for said city, the registrar shall close the registration records fifteen days before such election. It shall be the duty of the registrar to make a list of qualified voters for each election. The mayor and council are hereby authorized to provide by ordinance for additional rules and regulations regarding the registration of voters for said city. Section 20. The mayor and council of said city are authorized and empowered to provide by ordinance for the assessment, levying and collecting of ad valorem taxes not exceeding 10 mills on the dollar of all property, real and personal, within the corporate limits of said city. They shall likewise have power and authority to levy and collect a specific tax on any and all professions, trades, calling, or business of any nature whatsoever. Taxation. Section 21. The mayor and council of said city shall have the right to provide for the annual return of property, both real and personal for taxes, by the citizens and taxpayers of said city, and shall have the right to supervise all the returns for taxes and, in their discretion, place a proper valuation on such property subject to taxation, when they are satisfied that said property has not been returned at its proper valuation by the owner, or agent in charge of same; Provided, however, that they give the owner or agent of said property three days notice of their intention to revise said tax returns prior to the time of doing so. The mayor and council of said city shall by ordinance provide the time for the making of such tax returns, and the time when taxes shall be paid to said city. Tax returns. Section 22. The City of North West Point is authorized and empowered to issue bonds for any municipal purposes within the limits provided by the Constitution and laws of the State of Georgia, and in accordance therewith. Bonds. Section 23. There shall be a police court established by said city, which shall have jurisdiction to try offenses

Page 3429

against the laws and ordinances of the municipal government, and shall be presided over by the mayor of said city, or the mayor pro tempore in the absence or disqualification of the mayor. Police court. Section 24. The mayor, as the presiding officer of said police court, shall have power to impose fines for the offense of breaking the laws or ordinances of said city in an amount not to exceed $200.00, or to imprison offenders for a period of not more than thirty days, or to labor on the public works or the streets of said city for a period of not more than ninety days. He shall have the power to punish for contempt by a fine not to exceed $50.00, or imprisonment not to exceed thirty days. He shall have the power of a justice of peace, so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force, and to try and to commit the offender to jail in Troup County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to be held in and for said county. Same. Section 25. The chief of police or some other member of the police force, to be designated by him, shall attend the session of said court, and act as clerk thereof. He shall sign and execute all processes, summons, subpoenas, and other processes from said court. Same. Section 26. There shall be no appeal from the judgments or decisions of the police court of said city, except by writ of certiorari to the Superior Court of Troup County, Georgia, and such writ of certiorari shall be obtained in the manner now provided by the general laws of the State of Georgia. Certiorari from police court. Section 27. Said City of North West Point, by and through its mayor and council, shall have full power and authority to grade, pave and otherwise improve for travel and drainage any street, sidewalks, public lanes, and alleys in said town. They shall have full power and authority

Page 3430

thority to assess 2/3 of the cost of paving, and otherwise improving sidewalks on the real estate abutting on the street, but only on the side of the street on which the sidewalk is improved. The cost of such improvements assessed against the abutting property shall be a lien on such property and collection thereof may be enforced by execution and sale. Streets, sidewalks, etc. Section 28. Said City of North West Point, through its mayor and council, is vested with full power and authority to establish, equip and maintain a system of sewerage and drains in said city. Sewerage. Section 29. The City of North West Point shall have the power of eminent domain, to condemn public or private property for the use of said city in accordance with the general laws of this State. Eminent domain. Section 30. Said mayor and council shall likewise have the power to prescribe by ordinance, rules and regulations for the erection or improvement of any building of any kind within the limits of said city, with authority to require building permit before same can be erected, and likewise full and complete authority to control and regulate the installation of all plumbing, for the protection of the property, the health and comfort of the inhabitants of said town. Buildings. Section 31. The mayor and council shall have the right to enact all ordinances necessary and proper for the existence of said city. Ordinances. Section 32. Not less than fifteen nor more than thirty days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Troup County to issue the call for an election for the purpose of submitting this Act to the voters of Troup County residing in the affected area for approval or rejection. The ordinary shall set the date of election for a day not less than twenty nor more than thirty days after the date of the issuance of

Page 3431

the call. The ordinary 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 Troup County. The ballot shall have printed thereon the words: For approval of the Act creating a charter for the City of North West Point in the County of Troup. Against approval of the Act creating a charter for the City of North West Point in the County of Troup. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Troup County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. A. Coker who being duly sworn, deposes and says that he is the general manager of the LaGrange Daily News, and that the same is a public gazette published in the City of LaGrange, in Troup County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Troup in said State.

Page 3432

Deponent further saith that the following notice attached hereto: Legal No. 67 Jan. 13, 20, 27 Notice of Intention To Apply for the Passage of a Local Bill. Notice is hereby given that application will be made at this the 1956 session of the General Assembly of Georgia for the passage of the following bill, to be entitled: An Act to charter the Town of North West Point; so as to provide a charter for the Town of North West Point, and for other purposes. This 13th day of January, 1956. has been published in said LaGrange Daily News, to wit: Jan. 13, 1956, Jan. 20, 1956, Jan. 27, 1956, being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, General Manager. Sworn and subscribed before me, this 3 day of Feb., 1956. /s/Mrs. Otis Williams, Notary Public, Troup County. (Seal) Notice is hereby given that application will be made at this the 1956 Session of the General Assembly of Georgia for the passage of the following bill, to be entitled: An Act to Charter the Town of North West Point; so as to provide a Charter for the Town of North West Point, and for other purposes. This 13th day of January, 1956. has been published in said LaGrange Daily News, to wit:

Page 3433

Jan. 13, 1956, Jan. 20, 1956, Jan. 27, 1956, being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, General Manager. Sworn and subscribed before me, this 3 day of Feb., 1956. /s/ Mrs. Otis Williams, Notary Public, Troup County. (Seal) Approved March 14, 1956. ATLANTA CHARTER AMENDED. No. 460 (House Bill No. 256). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of

Page 3434

Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. There shall be one election manager and two associate managers for each voting precinct in the City of Atlanta, who shall be selected by the aldermen representing the several wards of the city and elected by the mayor and board of aldermen for a term of two years. It shall be their duty to hold all general and special elections for the City of Atlanta under such rules and regulations as may be promulgated by the mayor and board of aldermen. They shall have power and authority to select and employ such clerks or helpers as may be necessary for the efficient conduct of the election. Any citizen of Atlanta qualified to vote in city elections is eligible for election or appointment as election manager or associate manager. Election managers. Section 3. Should there be a vacancy among the election managers or associate managers which has not been filled by the mayor and board of aldermen at least 10 days prior to any election, general or special, the city clerk is authorized and directed to appoint some qualified citizen to fill such vacancy, who shall have all the power and authority of an election manager or associate manager, had he been elected by the mayor and board of aldermen. Section 4. The necessary election for election manager and associate manager shall be held by the mayor and board of aldermen on the third Monday in February, 1956, and bi-annually on even numbered years thereafter. Vacancies may be filled by the mayor and board of aldermen at any meeting of that body. Section 4 A. The corporate limits of the City of Atlanta are extended to include all of the territory lying within the following boundary lines: Beginning at a point on the north line of Land Lot 44,

Page 3435

14th District, Fulton County (formerly Fayette), where the west line of Land Lot 45 intersects the present limits of the City of Atlanta; running thence north along the west line of Land Lot 45, one thousand three hundred seventy-four and one-tenth (1,374.1) feet; thence easterly one hundred twenty (120) feet along the northerly line of the property now or formerly owned by Bips, and continuing easterly across Niskey Lake Road and along the northerly line of property now or formerly owned by Bips, a distance of two thousand two hundred forty-two (2,242) feet, more or less, to the southwesterly line of the Lot 8, Block 7, of Niskey Lake Subdivision, now or formerly owned by Niskey Lake Waterworks; thence southeasterly along said Lot 8, three hundred twenty-eight (328) feet to the east line of Land Lot 45; thence south along the east line of Land Lot 45 one thousand two hundred twenty-one (1,221) feet, more or less, to the north line of Land Lot 44 and the present limits of the City of Atlanta; thence westerly along the north line of Land Lot 44 and the present limits of the City of Atlanta and the point of beginning. Territory added. This section shall be effective January 1, 1957. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 20 and 27th days of December, 1955, and on the 3rd day of January, 1956, as provided by law. /s/ Frank Kempton.

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Subscribed and sworn to before me this 11th day of January, 1956. /s/ Maiodis Fowler. Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1956 session of the General Assembly, which convenes on Monday, January 9, 1956, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican, Representative M. M. (Muggsy) Smith, Representative Hoke Smith, Representative Hamilton Lokey. Dec 20 27 Jan 3 Approved March 14, 1956. ATLANTA BOARD OF EDUCATION BUDGET. No. 461 (Senate Bill No. 141). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of

Page 3437

Georgia and it is hereby enacted by authority of the same that an Act entitled An Act to establish a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945 relating to publication of notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 2. The office of Comptroller for the board of education is hereby created. He shall be elected by the board at its first meeting in July, 1956, and shall hold office for a term of four (4) years, or until his successor is elected and qualified. His salary shall be fixed by the board of education. He shall give bond in the sum of ten thousand ($10,000.00) dollars with security, subject to the approval of the board of education, conditioned for the faithful performance of his duties. He shall be hereafter referred to in this charter amendment as the comptroller. Comptroller of board of education. Section 3. The comptroller shall have the same responsibility and duty with respect to funds and accounts of the board of education as the city comptroller has under this charter with respect to the general finances of the city. It shall be his duty to pass upon all warrants or claims which shall be presented to him for payment and he shall have power to require evidence that the amount claimed is justly due and for that purpose may summon before him any officer or employees of the board of education or any other person and may require the production of books and papers to be used as evidence before him. His duties. Section 4. There shall be established in the department

Page 3438

of education a budget commission, which shall consist of the comptroller, the superintendent of schools, the president of the board of education and two (2) members of the board of education. The comptroller, the superintendent of schools and the president shall be ex officio members. The two (2) members of the board shall be elected at the first meeting of the board in the fiscal year. Department of education budget commission. Section 5. The fiscal year of the board of education shall begin on the first day of January and continue through the 31st day of December. On the second Wednesday in November, at a public meeting called for that purpose by the board of education, the comptroller shall submit to the board of education a budget, certified by the budget commission, containing the financial plan for the conduct of the affairs of the board of education for the ensuing year. The budget shall be accompanied by an explanatory message and may include recommendations as to capital projects to be undertaken by the board of education within the ensuing fiscal year and within the five (5) succeeding years. Proposed budget of department of education. Section 6. In the preparation of the budget, the budget commission, through the comptroller or an officer designated by him, shall, at such date as he shall determine, obtain from the head of each department of the board of education estimates of revenues and expenditures of that department or agency, detailed by organization units and character and object to expenditure and such other supporting data as he may request; together with an estimate of all capital projects pending or which he believes should be undertaken (2) within the next fiscal year or (b) within the five (5) succeeding years. The budget commission shall review the estimates, shall hold public hearings thereon, and may revise the estimates, as they may deem advisable and shall approve the budget, explanatory message, and recommendations before submission to the board of education by the comptroller on behalf of the budget commission. How prepared. Section 7. The budget shall provide a complete financial

Page 3439

plan for the ensuing fiscal year and shall include, but not be limited to, (a) detailed estimate of all anticipated revenue applicable to proposed expenditures, (b) proposed expenditures with enumeration of debt service requirements, appropriations required by statue and other purposes, and (c) comparative data on the last completed fiscal year and actual and estimated data for current fiscal year. Contents of budget. Section 8. The budget commission shall include in its anticipation for the next fiscal year a sum not to exceed the actual revenue collected by the board of education from all sources during the period from January 1st to October 30th of the current fiscal year and the estimated revenue for the remainder of the fiscal year, provided that there may be added to such anticipations a sum equal to not more than eighty-five (85%) percent of all tax executions on real estate and fifty (50%) percent on tax executions on personal property not more than three years old and choses in action owned by the board of education and certified by the municipal revenue collector as being solvent and collectible. Actual revenue shall include income of a recurring nature but shall not include the proceeds from the sale of real estate or from insurance thereon, nor shall actual revenue include any surplus or unencumbered or unappropriated cash balances carried forward from one fiscal year to the next. However, in the preparation of the budget there shall be added to the anticipated revenues the amount anticipated as being available the next fiscal year from surplus, unencumbered or unappropriated funds but when the actual amount of funds aforementioned is known, the budget shall be adjusted accordingly. Provided, however, that for the calendar year beginning January 1, 1957, the anticipated revenue from all sources as hereinbefore enumerated may be increased by not more than the percentum that the certified enrollment in the system for the 1956-1957 fiscal year exceeds the 1955-1956 enrollment for the same period. Provided further that for the fiscal years beginning January 1, 1958, and thereafter, the ratio of increase in enrollment of the then current

Page 3440

school year to that of the preceding school year to increase anticipated revenue may be used. Same. Section 9. A summary of the budget submitted by the comptroller shall be published on or before the last Wednesday in November in a daily newspaper. The budget as submitted and all supporting data shall be a public record open to inspection by anyone and shall be filed in the office of the secretary of the board of education and in the office of the comptroller for such purpose. The board of education shall consider the budget submitted as hereinbefore provided at the regular meeting the second Wednesday in December, which shall be a public meeting. Should the board of education desire to propose changes; increase or decrease items of the budget, or otherwise revise the budget as submitted, such proposals shall be announced and recorded at said meeting, provided, however, the total expenditures, including the changes, shall at no time exceed the total of the anticipated revenue as certified by the budget commission to the board of education. Publication. Section 10. The budget shall be finally adopted by the board of education at, or before, the adjournment of their regular meeting for the month of January, which shall be a public meeting, and upon adoption it shall relate back to the first of the year and shall cover the full fiscal year. Within one week after the adoption of the budget a summary thereof shall be published as hereinbefore provided for the publication of the summary of the budget. A copy of the budget as finally adopted shall be certified by the budget commission and shall be filed in the office of the secretary of the board of education. The budget so certified shall be printed, mimeographed or otherwise reproduced and sufficient copies thereof shall be made available for the use of all officers, department and agency heads, and for the use of the public. Adoption. Section 11. In the event of a change in the personnel of the board of education between the December meeting

Page 3441

referred to in Section 9, and the January meeting referred to in Section, a public meeting of the board of education may be called in January prior to the regular January meeting, at which called meeting the proposed budget may be considered and revised in all respects as fully as it could at said December meeting. Section 12. The budget so adopted shall not be changed or altered during the fiscal year and the board of education may not vary the titles, descriptions or conditions of administration specified in the budget, except in the manner provided hereinafter. Any proposal to insert any additional item, increase or decrease any item or appropriation, transfer any item or to revise the budget in any particular shall be made only at a regular meeting of the board of education and shall not be adopted until the next succeeding meeting of the board of education. No such revisions or changes in the budget as herein provided shall be made during the last two months of the fiscal year, except in case of emergency. Before any revision or change in the budget shall be made during the last two months of the fiscal year, the board of education shall first determine that an emergency exists and advertise such determination of emergency in a daily newspaper, together with an explanation of the facts constituting the emergency, and a notice of a public meeting of the board of education to consider such proposed revision or change in the budget. Such public meeting shall be held not less than 48 hours after publication of the notice. No such budget revision or change shall be made except at a public meeting of the board of education. The board of education shall have no authority to transfer funds set aside for debt service or for the payment of outstanding obligations to any other purpose until all such obligations are paid. Should the anticipated income of the board of education be either increased or decreased by law, by a change in the tax rate or by changes in grants and aid from other governments, the budget commission shall, within a period of ten (10) days certify to the board of education the amount of the revised revenues for the

Page 3442

balance of the fiscal year and such board of education, upon certification by the budget commission, shall adjust the budget accordingly. However, should any property of the board of education be damaged or destroyed by fire, windstorm or other casualty, the board of education may appropriate at any time for the restoration of such property any amount realized from insurance thereon, but any additional appropriations shall comply with the formalities herein provided. Changes in budget. Section 13. This Act shall not affect the expenditure of any monies derived from bonds that are issued and sold by the City of Atlanta in accordance with the laws of the State of Georgia. Nothing herein shall be construed to restrain or limit the board of education in the amount of taxes that may be levied by them which are otherwise authorized by law. Revenues from bonds and taxation. Section 14. From and after the effective date of this Act, any warrants issued or indebtedness incurred by the board of education in excess of the appropriations provided in the budget, or without a valid appropriation in a budget compiled as herein required, shall be absolutely void as obligations of the board of education but shall constitute a personal liability upon each member of the board of education individually. Expenditures in excess of budget. Section 15. The budget prepared in accordance with this Act shall fix the salaries and expenses of all officers and employees of the board of education, which shall not be increased by the board of education after the adoption of the budget in January, as provided in Section 10 of this Act. Provided, however, this shall not apply to salaries fixed by law. Provided, however, that this restriction shall not apply where it is necessary to make salary adjustments to comply with regulations issued by the board of education of the State. Salaries and expenses. Section 16. It shall be the duty of the board of education to cause a comprehensive audit to be made annually of all the departments, which audit shall be made

Page 3443

by independent certified public accountants. When completed, the audit shall be filed with the comptroller of the board of education not later than November 1st of each year covering the financial operations of the government for the preceding year. Upon receipt of the audit, the comptroller of the board of education shall forthwith have complete copies of all such reports transmitted to the grand jury of Fulton County then in session; and shall also send complete copies of said reports to the Atlanta Public Library, the Atlanta Chamber of Commerce and to each member of the board of education, and to the mayor and board of aldermen; and shall send copies of each departmental audit to the department heads concerned. The grand jury of such county then in session, upon the receipt of said copies of the complete audit, after its consideration and examination of the same shall retransmit said copies, together with its recommendations, to the comptroller of the board of education. Copies of all or any part of said audit shall be available to any interested party at actual cost. Audits. Section 17. Be it further enacted that each and every phrase, clause and part of this Act is separately enacted, and should any part or section of this Act be held invalid for any reason, it is hereby declared the intent and purpose of the General Assembly that the remaining valid portions of this Act shall remain in full force and effect. Section 18. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 14, 1956.

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LOWNDES COUNTYVOTING MACHINES. No. 463 (House Bill No. 371). An Act to provide for the use of voting machines, for casting, registering, recording and computing ballots or votes in all elections including primaries and municipal elections in the County of Lowndes; to prescribe regulations with reference to the adoption, requirements, purchase, lease, rental, installation, preparation, custody and demonstration of the use of voting machines; to provide rules and regulations for the conduct of elections held with voting machines; to prescribe the qualifications, number and duties of election officers in election districts or precincts in which voting machines are used; to provide for the experimental use of voting machines; to impose duties upon the government authority of Lowndes County for the purchase, lease, or rental of voting machines and payment therefor, and expenses and personnel incidental to the use of such machines; to provide penalties for violation of the provisions of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The following words and terms shall have the meaning hereinafter indicated, unless the context shall clearly indicate another or different meaning or intent: a. Ballot-labels shall mean the cards, paper or material containing the names of officers and candidates and statements of questions to be voted on. b. Diagram shall mean an illustration of the official ballot, when placed upon the machine, showing the names of the parties, offices, and candidates, and statements of the questions, in their proper places, together with the voting devices therefor, and shall be considered a specimen ballot.

Page 3445

c. Question shall mean a brief statement of such constitutional amendment or other proposition as shall be submitted to a popular vote at any election. Definitions d. Write-in-ballot shall mean the paper or other material on which a vote is cast on a voting machine for persons whose names do not appear on the ballot-labels. e. Registering counter shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively. f. Public counter shall mean a counter or other device which shall, at all times, publicly indicate how many times the machine has been voted on at an election. g. Protective counter shall mean a counter or protective device or devices that will register each time the machine is operated, and shall be constructed and so connected that it cannot be reset, altered or operated except by operating the machine. h. Custodian shall mean the person charged with the duty of testing and preparing the voting machine for the election and instructing the election officers in the use of the voting machine. i. Election and elections shall be held to include and mean all regular, special primary or other elections held in Lowndes County, and also any general and other elections hereafter held in Lowndes County, in any municipality therein, or in any part thereof. j. Registering compartment shall mean that part of the voting machines containing the registering counters. Section 2. The list of officers and candidates and the statements of questions on the voting machine shall be deemed an official ballot for all purposes. Section 3. At all elections hereafter held in Lowndes

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County, whether regular, special, primary, municipal, or other, or any election held for the purpose of determining any question or matter which is to be submitted to or referred to the vote of the people of Lowndes County, or any part thereof, ballots or votes shall be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act. Whenever any election of any kind is held in Lowndes County, voting machines shall be used in lieu of ballots wherever possible and practicable. Voting machine. Section 4. If the method of election for any candidate or office or of voting on constitutional amendments or other question or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or if at any election, the number of candidates nominated or seeking nomination for any office renders the use of voting machines for such office at such election impracticable at one or more precincts or districts, or if at any election the use of voting machines wholly or in part is not possible or practicable, the officer or officers now charged by law with furnishing such election districts or precincts with paper ballots may arrange to have the voting for any or all candidates or offices or on any or all constitutional amendments, questions or propositions at such precincts or districts conducted by paper ballots. In such cases, ballots shall be printed for such candidates or offices, or for such constitutional amendments, questions or propositions, and the elections conducted by the election officers as herein made in the manner required by law for such candidates or office or for such constitutional amendments, questions or propositions, in so far as paper ballots are used. Paper ballots, when. Section 5. The governing authority of Lowndes County shall at a regular meeting or at a special meeting called for the purpose, by a majority vote, adopt, purchase, authorize, lease or otherwise procure and provide for the use of voting machines meeting the requirements of this Act to be used in all voting precincts within said county; and thereafter said machines and any requisite

Page 3447

number of same shall be used for voting at all primaries and elections for public officers and at all regular, special and other elections held by or under the authority of Lowndes County, and at any general and all other elections hereafter held in Lowndes County, or in any part or any municipality therein, and for receiving, registering, recording and counting the votes of the electors in such election district or districts, precinct or precincts. Acquisition of machine. Section 6. The governing authority of Lowndes County upon the adoption and lease or purchase of a voting machine or machines, may provide for the payment therefor in such manner as may be deemed for the best interests of the county. They may for that purpose make leases, contracts or any other legal obligations which shall be a charge against Lowndes County. Payment therefor. Section 7. The governing authority of Lowndes County shall provide machines necessary for all precincts where the same are to be used, in complete working order, and shall preserve and keep in repair the same, and shall have custody thereof, and the furniture and equipment of the polling places when not in use. Furnishing to precincts. Section 8. The governing authorities of Lowndes County may provide for the experimental use at any election or elections, of a machine which they might lawfully adopt, without a formal adoption thereof, and such use at such election shall be as valid for all purposes as if it had been lawfully adopted; such use may be in one or more election precincts. Experimental use. Section 9. During the thirty days next preceding an election or primary the governing authorities shall place on public exhibition, in such places and at such times as they deem most suitable for the information and instruction of the voters, one or more voting machines, containing the ballot-labels, and showing the offices and questions to be voted upon, the name and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine

Page 3448

or machines shall be under the charge and care of a person competent as custodian and instructor. No voting machine, which is to be assigned for use in an election, shall be used for such public exhibition and instruction, after having been prepared and sealed for the election. During such public exhibition and instruction, the counting mechanism of the voting machine shall be concealed from view, and the doors, or cover concealing the same, shall be opened, if at all, only temporarily, and then only upon written authorization from the governing authorities. Pre-election exhibition and instruction. Section 10. No voting machine shall be adopted or used unless it shall, at all times, satisfy the following requirements: It shall afford each elector an opportunity to vote in absolute secrecy; it shall provide facilities for voting for such candidates as may be nominated, and upon such questions as may be submitted; it shall permit each voter, at other than primary elections, to vote a straight party ticket in one operation; and, in one operation, to vote for all candidates of one party for presidential electors, and in one operation, to vote for all the candidates of one party for every office to be voted for except those offices as to which he voted for individual candidates; it shall enable each voter, at other than primary elections, to vote a ticket selected from the nominees of any and all parties, from independent nominations, and from persons not in nomination; that is to enable each voter to vote, at any election, for any person and for any office for whom and for which he is lawfully entitled to vote, whether or not the name of such person or persons appears upon a ballot-label as a candidate for nomination or election, and to vote for as many persons for an office as he is entitled to vote for, and to vote for or against any question upon which he is entitled to vote; it shall preclude each voter from voting for any candidate, or upon any question, for whom or upon which he is not entitled to vote, and from voting for more persons for any office than he is entitled to vote for, and from voting for any candidate for the same office or upon any question more than once; it shall be capable

Page 3449

of adjustment by election officers, so as to permit each voter at a primary election to vote for the candidates for non-partisan nomination, if any, and for the candidates seeking nomination by the political party, in which he is enrolled, if he is enrolled as a member of a political party, and so as to preclude him from voting for the candidates seeking nomination by any political party in which he is not enrolled; it shall permit each voter to deposit, write in, or affix upon receptacles or devices provided for the purpose, ballots containing the names of persons for whom he desires to vote, whose names do not appear upon the machine; it shall permit each voter to change his vote for any candidate, or upon and question appearing upon the ballot-labels, up to the time he begins the final operation to register his vote; it shall not only secure the voter absolute secrecy in the act of voting as hereinbefore provided but it shall be so constructed that no person can see or know for whom any other elector has voted or is voting, save a voter whom he has assisted or is assisting in voting as prescribed by law; it shall have voting devices for separate candidates and questions, which shall be arranged in separate rows or columns, so that, at any primary election, one or more adjacent rows or columns may be assigned to the candidates of a party; and shall have parallel office columns or rows transverse thereto; it shall be so constructed that votes may be cast thereon for constitutional amendments or any other public measure or question; it shall have a counter, or other device, the register of which is visible from the outside of the machine, which shall show during the period of voting the total number of voters who have operated the machine during said period of voting; it shall have a protective counter, or other device, which shall record the cumulative total number of movements of the operating mechanism; it shall be provided with a lock or locks, by the use of which immediately after the polls are closed, or the operation of the machine for an election is completed, all movements of the registering mechanism is absolutely prevented; it shall be provided with a screen, hood or curtain, which shall conceal the actions of the voter while voting; it shall be constructed

Page 3450

of material of good quality, in a neat and workmanlike manner; it shall, when properly operated, register or record correctly and accurately every vote cast; it shall be so constructed that a voter may readily learn the method of operating it; it shall be safely transportable; it shall be so constructed and controlled, that during the progress of voting, it shall preclude every person from seeing or knowing the number of votes registered for any candidate; and from tampering with any of the registering mechanism; it shall have a key or keys for the aforementioned lock or locks. Section 11. The exterior of the voting machines and every part of the voting or polling place shall be in plain view of the election watchers and officers. The voting machines shall be located at the voting or polling place in such position that unless its construction shall require otherwise, the ballot-labels on the face of the machines can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or commissioners shall not themselves be, nor allow any other person to be, in any position that will permit one to see, or ascertain, how a voter votes, or how he has voted. No voter shall be permitted to occupy the voting machine more than two minutes if other voters are waiting. The election managers, or one of them, shall inspect the face of the machine at frequent intervals, to see that the ballot-labels are in their proper places, and that the machine has not been injured or tampered with. During an election, the door, or other covering of the compartment containing the counters of the machine or counting device, shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of the voting machine for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signature of the election managers. The governing authorities shall appoint a custodian for the machines. Regulations as to use in elections. Section 12. In each election district or precinct of Lowndes County, the portion of cardboard, paper or

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other material placed on the front of the machine containing the names of the candidates or a statement of the proposed constitutional amendment or other question or proposition to be voted on shall be known as the ballot-label. The ballot-label shall be supplied by the official or officials charged by law with providing materials for the holding of an election or elections, and shall be printed in black ink on clear white material of such size as will fit the machine and in plain, clear type, as large as the space will reasonably permit. The party name or designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of the several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with the names of candidates for office arranged transversely under or opposite the title of the office. The names of all candidate nominated or seeking nomination by a political party in accordance with law, shall appear in adjacent rows or columns containing generally the names of candidates nominated or seeking nomination by such party. The form and arrangement of ballot-labels, to be used at any election, shall be determined by the ordinary of the county, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangements of ballots at such election, and shall be furnished by him to the election managers of the respective voting or polling places, who shall procure such further copies of the same as may be necessary, at the cost of the county. In primary elections, the ballot-labels, containing the names of candidates seeking nomination by a political party shall be segregated on the face of the machine in adjacent rows or columns by parties. In any primary in which voting machines shall be used in one or more voting precincts, the name of any unopposed candidate for nomination for any office may be omitted from the ballot-label used on the voting machine, and any unopposed candidate shall be declared to have received the total number of votes cast in such voting precinct. Ballot-labels. Section 13. The officer or officers charged with the

Page 3452

duty of providing ballots and ballot-labels for any voting or polling place shall provide therefor the following: (a) A lantern, or a proper substitute for one, which shall give sufficient light to enable voters, while in the voting machine booth, to read the ballot-labels and suitable for the use of election officers in examining the counters. The lantern, or proper substitute therefor, shall be prepared and in good order for use before the opening of the polls. Equipment for use at elections. (b) The diagrams or sample ballots, of suitable size, representing such part of the face of such voting machine as will be in use in the election, and accompanied by illustrated directions for voting on the machine. Such diagram shall be posted prominently outside the enclosed space within the voting or polling place. (c) Prior to any election, the officer or officers aforementioned may cause copies of diagrams, explaining machine voting, to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. Section 14. The requisite number of ballot-labels for use in the voting machine or voting machines shall be provided for each polling place for each election district or precinct by the officer or officers now charged by law with furnishing such election districts or precincts with ballots; in such manner shall be furnished also all other necessary material for the use of voting machines in all elections, the said officer or officers who are charged hereby with the duty of preparing the machines for conducting an election shall notify, as far in advance thereof as practicable, the respective chairman of the county executive committees or other body or bodies having similar duties thereto of the intended preparation of such machines for voting. The same officer or officers first referred to in this section shall, before the day of election, cause the proper ballot-label to be put upon each machine corresponding with the same ballot-labels herein

Page 3453

provided for, and the machine or machines in every way to be put in order, set and adjusted, ready for use in voting when delivered at the polling place. And the same officers shall cause the machine or machines so labeled in order, set and adjusted to be delivered at the polling place, together with all necessary furniture and appliances that go with the same, in the room where the election is to be held in the precinct not later than 6 o'clock P. M. of the day preceding the election. On the morning of the election, managers shall meet in the said room before the time for opening the polls. They shall see that the sample ballots and instruction cards are posted properly, and everything in readiness for the voting at the hour of opening the polls. The managers shall compare ballot-labels on the machine with the sample ballots, see that they are correct, examine and see that all the counters (except protective counters) are set at naught or zero (0) and that the machine or machines are otherwise in perfect order. If upon such inspection it be found that the voting machine has not been properly prepared for the election, or is not in perfect order, the said officer or officers charged in this Act with the duty of preparing such machine shall be notified immediately; after provision shall have been made for the use of a machine or machines as will enable the managers of the election to properly conduct the same or by the use of written or printed ballots the election shall proceed. Preparation of machines for use. (a) The election officers or board in such district, ward or precinct in which a voting machine or voting machines are used shall consist of three superintendents or managers, who shall be appointed by the ordinary of the county in county elections by the executive committee in primaries and by municipal authorities in municipal elections. Provided, that nothing herein shall be construed to hinder or prevent any one or more of said appointees from acting as manager or managers, should they be present at the polling place, or prevent them from supplying the necessary number of managers required as herein provided from any of the freeholders

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as available. Persons who cannot read and write shall not be competent to serve as managers of election. The oath to be taken by such election managers and the form thereof and before whom to be taken shall be as prescribed by law. When more than one machine is used in any election district or precinct there shall be one additional manager for each additional machine. In the case of primary elections the naming of managers thereof and the oath to be taken shall be as prescribed by law. The managers of election shall, upon notice from the ordinary, attend any meeting or meetings called for their instruction and receive such instruction as shall be necessary for the proper conduct of the elections with the machine or machines. No manager of election shall serve in any election at which a voting machine or machines are used, unless he shall have received such instructions and is fully qualified to perform his duties in connection with the machine; provided, however, that this shall not prevent the appointment or serving of a manager of election, to fill a vacancy arising on the day of election. The compensation of said managers of election shall be as prescribed by law. Managers. Section 15. Any voter who shall state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, or that he is unable to use the voting machine, may upon request, have assistance in voting as provided by law. Aid to disabled persons. Section 16. The ballots voted for any person whose name does not appear on the ballot-label on the machine as candidate for officer as herein referred to as write-in ballots. Such write-in ballot shall be deposited, written or affixed in or upon the receptacle or device provided for that purpose. Write-in ballots. Section 17. As soon as the polls are closed, the voting machine or machines shall be locked against voting and the registering compartment opened in the presence of all the members of the election board of managers or

Page 3455

superintendents or other persons who may be lawfully within the room, giving full view of the registering counters. Close of election. Section 18. The election managers shall at the close of the polls ascertain the number of votes which the candidates have received both on the machine and by the voting of irregular ballots, if any, and one of the managers of election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order arranged on the ballot-label. He shall then announce in the same manner the vote on each constitutional amendment, proposition or other question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall sign a written certificate showing the result of the election. The transmission and delivery of said certificates by the managers of such election districts and all other papers of the election for the purpose of consolidation, also the consolidation, the certifying and returns thereof, shall all be in compliance with the laws in force pertaining to elections. When write-in ballots have been voted they shall be returned, preserved and finally destroyed as is now provided by law in the case of other election ballots. The written certificate so made, after having been propertly certified and signed, shall be distinctly and clearly read in the hearing of all persons present, and ample opportunity shall be given to compare the results so certified with the registering counters of the machine or machines. After such comparison and correction, if any is made, the election managers shall then close the registering compartment and lock the same. Thereafter the machine or machines shall remain locked and sealed for a period of at least thirty days; Provided, however, that should the use of same be required at any election to be held within said thirty day period, the machine or machines may be opened at least ten days prior to the date of such subsequent election; Provided, further, that same may be opened at any time upon order of a court of competent jurisdiction. Announcement of results.

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Section 19. Any qualified voter in Lowndes County, or any part thereof, may vote an absentee ballot as provided by law, when he is required to be absent from the county. Absentee voting. Section 20. When the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of the election shall properly deliver to the ordinary or his duly authorized representative the keys of the machine or machines enclosed in a sealed envelope. Delivery of keys. Section 21. The governing authority of Lowndes County shall designate a person or persons who shall have the custody of the voting machines of the county, and the keys therefor, when the machines are not in use at an election, and shall provide for his or their compensation and for the safe storage and care of the machines and keys. As soon as possible after the completion of the counting of the votes cast at any election, the governing authorities shall have the machine or machines removed to storage. Custody and care of machines. Section 22. If any part of this Act shall be declared unconstitutional, the remaining portions of this Act shall be given full force and effect. Section 23. Except as modified by the provisions of this Act, the general laws regulating general, regular, special, primary, municipal and other elections, where not inconsistent with this Act, shall apply to all such elections held in Lowndes County. Any provisions of law which are in conflict with the use of such machine or machines as herein provided, shall not apply to the election district or districts, precinct or precincts, in which an election is to be conducted by the use of such machine or machines. General laws. Section 24. Any election officer, manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or damage, or attempt to

Page 3457

damage any voting machine to be used in or being used in any election, or who shall prevent or attempt to prevent, the correct operation of such machine, or any unauthorized person who shall make or have in his possession a key or keys to a voting machine to be used or being used in an election, shall be guilty of a misdemeanor, and upon conviction thereof, shall be confined for not more than one year or fined not more than one thousand dollars ($1,000.00), or both in the discretion of the court. Prohibited acts. Section 25. This Act shall be effective 60 days after approval. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication of the Notice of Intention to Introduce Local Legislation. I, E. M. Turner, secretary-treasurer of The Valdosta Daily Times, do hereby certify that the attached Notice of Intention to Introduce Local Legislation was published in The Valdosta Daily Times in the issues of January 9, 20 23, 1956. I further certify that The Valdosta Daily Times has a general circulation in Lowndes and adjoining counties. Witness my hand this 26th day of January, 1956. /s/ E. M. Turner E. M. Turner, Secretary-Treasurer. Sworn to and subscribed before me this 26th day of January, 1956. /s/ Hazel Pollard, Notary Public. My commission expires: Notary Public, Lowndes County, Ga. My commission expires March 14, 1959. (Seal Affixed).

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to provide for the use of voting machines in Lowndes County in all elections held therein or in any municipality therein; to provide for the purchase, lease, experimental use, public exhibition, specifications and matters incidental to the use of such machines; and for other purposes. This 6 day of January, 1956. G. Troy Register, Representative, Lowndes County. 1/9, 23, 26. Approved March 14, 1956. RINGGOLD CHARTER AMENDED. No. 465 (House Bill No. 598). An Act to amend An Act to create and establish a new charter for the City of Ringgold in the County of Catoosa (Ga. L. 1943, pp. 1508-1551), approved March 15, 1943, by striking Section Nine in its entirety and inserting in lieu thereof the following section, Be it further enacted that all persons residing within the city limits six months prior to any election who are eighteen years of age or older, and any person of such age who shall have owned any real property in said city for a time of at least six months prior to election, and who are qualified to vote for members of the State legislature in the County of Catoosa shall be entitled to vote for said mayor and aldermen and in any other election held in and for said city. No other person shall be entitled to vote in elections held in said city; and to repeal conflicting laws and for other purposes.

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Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. That on and after the passage of this Act, Section 9 of the Act to create and establish a new charter for the City of Ringgold in the County of Catoosa, (Ga. L. 1943, pp. 1508-1551) approved March 15, 1943, shall be amended by striking Section Nine in its entirety and inserting in lieu thereof the following section, Be it further enacted that all persons residing within the city limits six months prior to any election who are eighteen years of age or older, and any person of such age who shall have owned any real property in said city for a time of at least six months prior to election, and who are qualified to vote for members of the State legislature in the County of Catoosa shall be entitled to vote for said mayor and aldermen and in any other election held in and for said city. No other person shall be entitled to vote in elections held in said city. Qualified voters. Section 2. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Affidavit of Publisher of Newspaper. State of Georgia, County of Catoosa. Personally appeared before me, Ned Lee, who on oath says that he is the owner and publisher of the Catoosa County News, a newspaper published in said county; that the Notice of Intention to Apply for the Passage of a Local Bill, a copy whereof as printed is hereto attached, was duly published in the said newspaper on the 15th day of December, 1955, 22nd day of December, 1955, 29th day of December, 1955. /s/ Ned Lee Ned Lee.

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Subscribed and sworn to before me, this 8th day of February, 1956. /s/ Doris Epperly, Notary Public. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of the following bill: An Act to be entitled: An Act to change the age of qualified voters from 21 to 18 and to further provide that anyone owning real property within the City limits will be allowed to vote in the elections of the City of Ringgold. This 12th day of December, 1955. John W. Love, Jr. Approved March 17, 1956. BOARD OF EDUCATION IN CERTAIN COUNTIES. No. 467 (House Bill No. 557). An Act to provide that members of the county boards of education in all counties of this State having a population of not more than 6,008 and not less than 5,970 according to the 1950 United States census or any future such census, shall be paid a per diem of not more than twenty dollars ($20.00) per day for actual services, but not to exceed twenty-four days in any one calendar year; to provide payment of seven cents (.07) per mile for the members of the board while traveling in their personal automobiles in their official capacity; to provide that said board may appoint an attorney and fix the salary of said attorney; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3461

Section 1. In all counties of this State having a population of not more than 6,008 and not less than 5,970 according to the 1950 United States census or any future such census, the members of the county boards of education shall be compensated in an amount of not more than twenty dollars ($20.00) per day for each day's actual service, but not to exceed twenty-four days service in any one calendar year. The board in any such county shall fix said amount by majority vote. Compensation. Section 2. The members of the county boards of education in such counties shall be allowed seven cents (.07) per mile for traveling expenses while using their own personal automobiles while traveling in their official capacity as a member of the board. Expenses Section 3. County boards of education in such counties shall have the authority to appoint an attorney to provide legal assistance to the said boards, and shall have the authority to fix the compensation for said attorney. Attorney Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. AMERICUSADVERTISING. No. 468 (House Bill No. 441). An Act to authorize the mayor and city council of the City of Americus to advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia; to provide the amount of funds which may be expended for such purpose; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. The mayor and city council of the City of Americus are hereby authorized, but it shall not be mandatory upon them, to advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. No additional tax levy shall be made for such purpose. Any funds which might be expended for such purpose shall come from the general funds of the city. No amount shall ever be expended in any calendar year which is greater than that amount represented by what is brought into the general funds by a of a mill tax levy for the preceding calendar year. Advertising authorized. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Sumter County. Before me personally appeared J. R. Blair, who being duly sworn, deposes and says that as the editor and publisher of the Times Recorder, and that the same is a public gazette published in the City of Americus, Sumter County, Georgia. It is the newspaper in which is published the sheriff sales of said County of Sumter and said State. Deponent further says that the attached notice of intention to introduce the proposed legislation in the January-February session, 1956 of the General Assembly of Georgia has been published in the Times Recorder on the following dates: January 13th, 1956; January 20th, 1956; January 27th, 1956. /s/ J. R. Blair J. R. Blair. Sworn to and subscribed before me this the 28th day of January, 1956. /s/ H. A. Smith, Jr. Notary Public, Sumter County, Georgia, State at Large. My commission expires March 15, 1959. (Seal Affixed). Legal No. 4607.

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Notice of Local Legislation. Notice is hereby given that application will be made at the January-February session of the General Assembly of Georgia for the passage of a bill to amend the corporate charter of the City of Americus to enable the mayor and city council of Americus to advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia. The Mayor and City Council of Americus. By: J. Frank Myers, City Attorney Approved March 17, 1956. CITY COURT OF SANDERSVILLEAMENDMENTS. No. 470 (House Bill No. 396). An Act to amend an Act creating the City Court of Sandersville, to prescribe the powers, duties, jurisdiction, and officers of said court, approved October 31, 1901 (Ga. L. 1901, p. 164), amended particularly by an Act approved August 22, 1907 (Ga. L. 1907, p. 230) and an Act approved March 10, 1933 (Ga. L. 1933, p. 351), so as to change the salaries of the judge and the solicitor of the City Court of Sandersville; to provide that the solicitor shall not be required to perform duties of the county attorney; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Sandersville, to prescribe the powers, duties, jurisdiction, and officers of said court, approved October 31, 1901 (Ga.

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L. 1901, p. 164), amended particularly by an Act approved August 22, 1907 (Ga. L. 1907, p. 230) and an Act approved March 10, 1933 (Ga. L. 1933, p. 351), is hereby amended by striking the words twelve hundred dollars in Section 2, and inserting in lieu of the words, twenty-four hundred dollars, so that said Section 2 when so amended shall read as follows: Section 2. Be it further enacted by the authority aforesaid, that there shall be a judge of the City Court of Sandersville, whose election, term of office, and qualifications shall be and remain as now fixed by law, who shall receive a salary of twenty-four hundred dollars per annum which shall be paid to him monthly by the County Commissioners of the County of Washington, or other proper authorities having charge of the funds of said county of Washington, and it shall become the duty of the commissioners of roads and revenues of said county, or other proper officers, to make provision annually, in levying and collecting taxes, for the assessment and collection of money to pay the salary of the said judge. The judge shall receive no other compensation, but may practice law in any court except his own; provided that this amendment shall not become effective until approval of the bill by the Governor. Judge's salary. Section 2. Said Act is further amended by striking the words nine hundred dollars in line 11 of Section 4, and inserting in lieu thereof, the words eighteen hundred dollars, and by striking the words seventy-five in line 12 of Section 4, and inserting in lieu thereof the words one hundred and fifty. Said section is further amended by inserting a new sentence between the words court. and Said in line seven of Section 4, so that when so amended Section 4 shall read as follows: Section 4. Be it further enacted by the authority aforesaid, that there shall be a solicitor of said city court, who shall be elected at the same time and in the same manner as the judge of the said city court, whose term of office shall be for 4 years, and whose duty it

Page 3465

shall be to prosecute all offenses cognizable before said city court. Provided, however, said solicitor shall not be required to perform the duties of the county attorney. Said solicitor must be at least twenty-one years of age, and a resident of Washington county for two years, and a practicing attorney. All vacancies in said office shall be filled in the same manner as prescribed by this Act for filling vacancies in the office of judge. The said solicitor shall receive a salary of eighteen hundred dollars per annum, to be paid monthly on the first of each month, at the rate of one hundred and fifty dollars per month by the treasurer of the County of Washington; the salary of said solicitor to be paid from sums arising from the fines and forfeitures in said City Court of Sandersville; whenever there is a sufficient amount of the same in the hands of said treasurer. Should there at any time, when said solicitor's salary becomes due, not be in the hands of the said treasurer enough of said funds to pay said salary, then the balance lacking after the funds arising from the fines and forfeitures of said court have been exhausted, shall be made up and paid out of any other funds belonging to the county in the hands of said treasurer, until the full amount of said salary, monthly, is paid. Said solicitor shall receive no other compensation except his Supreme Court fees, as provided for in the fifth section of said Act, to be paid by the State. In the absence or disqualification of said solicitor the city court judge shall appoint a solicitor pro tem., who shall receive for his services in every case in which there is a conviction, or plea of guilty which is founded upon an indictment of the grand jury, a fee of five dollars, and in each case founded upon an accusation in which there is a conviction, a fee of ten dollars; provided, the solicitor pro tem. shall not be paid more than twenty dollars for any one term of said court. Solicitor's duties. Solicitor's salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Public. Notice is hereby given that I will introduce a bill in

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the current session of the General Assembly to increase the salary of the judge of the City Court of Washington County to $200.00 per month and the salary of the solicitor of the City Court of Washington County to $150.00 to define their duties and for other purposes. Signed, Harvey Roughton, Rep. Washington County. (j. 5-3tp). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harvey Roughton, who, on oath, deposes and says that he is Representative from Washington County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sandersville Progress, which is the official organ of said County, on the following dates: Jan. 5, 1956; Jan. 12, 1956; Jan. 19, 1956. /s/ Harvey Roughton, Representative, Washington County. Sworn to and subscribed before me this 30 day of Jan. 1956. /s/ Joe C. Underwood, Notary Public. Approved March 17, 1956. JOINT CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 472 (House Bill No. 544). An Act to amend the Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of

Page 3467

300,000 or more, according to the United States census of 1950 or any future United States census (Ga. L. 1952, pp. 2825, et seq.), so as to create the position of office manager in the office of the joint city-county board of tax assessors and fix his compensation; so as to create the position of attorney for the joint city-county board of tax assessors; to fix the qualifications and salary of such attorney; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act creating a joint city-county board of tax assessors in all counties having within its borders all or the greater part of the population of 300,000 or more (Ga. L. 1952, pp. 2825, et seq.), be amended as follows: Section 1. There is hereby established in the office of the joint city-county board of tax assessors the position of office manager, who shall be selected by and subject to the said joint board. His salary shall be $7,200.00 per annum, payable in monthly or shorter periods of payment and subject to uniform decreases or increases by the board of aldermen. The salary shall be paid by the city but the county shall reimburse the city to the extent of 3/7ths of the amount thereof. His assignment shall not be subject to civil service. Office manager. Section 1-A. There is hereby created the position of attorney for the joint city-county board of tax assessors. Such attorney shall be a licensed practicing attorney of not less than five years' experience and shall be a resident of the city or the county. He shall perform such services as may be required of him by the joint city-county board of tax assessors or the city or county attorneys, in relation to legal tax matters. He shall not be subject to nor shall he be entitled to any benefit of the civil service laws applicable to the city or the county. He may be a former employee of such city or county who has retired on a pension applicable to his employment, in which event he shall receive such pension in addition

Page 3468

to his salary hereinatfer provided, and shall not, by virtue of his employment, as such attorney, be entitled to additional pension benefits. He shall be elected by said joint board of tax assessors upon the nomination of the city attorney and the county attorney and shall serve for a term of four (4) years, at the expiration of which time said position is hereby abolished. He may be removed at any time for cause by the tax assessors after a hearing. His salary shall be $7,200.00 per annum, payable in equal monthly installments or other proportionate payments to be made at shorter intervals of time. The salary of such attorney shall be paid by the county and the city shall reimburse the county 4/7ths thereof. Nothing herein shall be construed to limit or restrict the authority of the city attorney or the county attorney to represent the board of tax assessors in all litigated matters as heretofore established by this Act and all amendments thereto. Should there be a vacancy in said position by death, resignation or otherwise of the person elected to such position, said position shall thereupon stand abolished. Said attorney shall not directly or indirectly represent as attorney or counsellor at law any person or cause whose interests are in conflict with the interest of the city or county. He shall not appear as attorney before the board of county commissioners or the mayor and board of aldermen or any committee thereof in any matter pending before said board of county commissioners or the mayor and board of aldermen. Except as herein expressly prohibited, he shall be eligible to engage in the practice of law. This section shall become effective April 1, 1956. Attorney Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 17, 1956.

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FLOYD COUNTY BOARD OF EDUCATION. No. 474 (House Bill No. 369). An Act to provide for the compensation of the members of the County Board of Education of Floyd County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Each member of the County Board of Education of Floyd County shall be compensated in the amount of twenty-five dollars ($25.00) per month and shall be reimbursed for his actual expenses incurred while traveling outside of Floyd County in his official capacity as a member of the board, if such travel is in the performance of his duties as a member of said board. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Floyd County. Before me, an officer duly authorized to administer oaths, appeared J. Battle Hall, who on oath deposes and says that he is a member of the House of Representatives from Floyd County, and that the attached advertisement of notice of intention to introduce local legislation was published on December 29, 1955, January 4, 1956 and January 11, 1956 in the Rome News-Tribune, which is the official organ of Floyd County. /s/ J. Battle Hall, J. Battle Hall, Rep., Floyd County. Sworn to and subscribed before me, this 31 day of January, 1956. /s/ Vera Carver, Vera Carver, N.P., Floyd County.

Page 3470

Legal Advertisements. Notice of Local Legislation to the People of Floyd County: In the General Assembly of Georgia for the year 1956, a bill will be introduced to provide compensation for each member of the County Board of Education of Floyd County in the amount of twenty-five ($25.00) dollars per month, and for reimbursement for actual expenses for each member incurred while traveling outside of Floyd County in his official capacity as a member of said board of education, if such travel is in the performance of his duties as a member of said board. This 27th day of December, 1955. Robert L. Scoggin, J. Battle Hall, Barry Wright, Jr. Dec. 29, 1955; Jan. 4, 11, 1956. Approved March 17, 1956. KINGSLANDALLEY CLOSINGS AUTHORIZED. No. 475 (House Bill No. 209). An Act to authorize, empower and direct the City of Kingsland to close permanently those certain alleys running through Blocks No. 7, 10, 19, 22, 30, and 31; also alley running between Blocks 12 and 13, Block 4 and Railroad, Block 15 and Railroad, said alleys and blocks being more fully described and shown by the current official map of the City of Kingsland; to authorize and direct the execution and delivery by said city of a deed or deeds of conveyance conveying to the abutting property owners the fee simple title to the land embraced within the limits of the said alleys; and for other purposes.

Page 3471

Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. The mayor and aldermen of the City of Kingsland are hereby authorized and directed to close permanently all of the alleys running through Blocks No. 7, 10, 19, 22, 30 and 31; also alley running between Blocks 12 and 13, Block 4 and Railroad, Block 15 and Railroad, as shown upon the current official map of the City of Kingsland, and the said alleys shall from and after the passage of this Act no longer be a part of the system of streets and alleys of the said city. Alleys. Section 2. The mayor and aldermen of the City of Kingsland are hereby authorized and directed to make, execute and deliver to the abutting property owners deeds of conveyance conveying to them the full fee-simple title to the land embraced within the limits of said alleys so as to extend the ownership of the abutting property on either side to the center line of said alleys. Conveyances. Section 3. There is attached hereto and made a part of this bill a copy of the notice of intention to seek this local legislation accompanied by an affidavit of the author to the effect that said notice has been published as provided by law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Camden. In person before the undersigned appeared John D. Odom who, on oath, says that he is a Representative from Camden County and that the following notice of intention to seek local legislation was duly published in the Southeast Georgian in its issues of December 8th, 15th, 22nd, and 29th, 1955, to wit:

Page 3472

Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia which will convene on the 9th day of January, 1956, for the passage of a local bill to be entitled: An Act to authorize, empower and direct the City of Kingsland to close permanently those certain alleys running through Blocks 7, 10, 19, 22, 30, and 31; also alley running between Blocks 12 and 13, Block 4 and Railroad, Block 15 and Railroad, Block 16 and Railroad, said alleys and blocks being more fully described and shown by the current official map of the City of Kingsland; to authorize and direct the execution and delivery by said city of a deed or deeds of conveyance conveying to the abutting property owners the fee simple title to the land embraced within the limits of the said alleys; and for other purposes. This 18 day of January, 1956. /s/ John D. Odom John D. Odom Camden County Representative. Sworn to and subscribed before me this 18 day of January, 1956. /s/ Pearl T. Steele, Notary Public, Fulton County, Georgia. My commission expires April 30, 1957. (Seal). Notice of Intention to Seek Local Legislation. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia which will convene on the 9th day of January, 1956, for the passage of a local bill to be entitled: An Act to authorize, empower and direct the City of Kingsland to close permanently those certain alleys running through Blocks No. 7, 10, 19, 30, and 31, said alleys and blocks being more fully described and shown by the current official map of the City of Kingsland; to authorize and

Page 3473

direct the execution and delivery by said city of a deed or deeds of conveyance conveying to the abutting property owners the fee simple title to the land embraced within the limits of the said alleys; and for other purposes. This 6 day of December, 1955. John D. Odom, Camden County Representative. Dec: 8, 15, 22, 29. Approved March 17, 1956. MOULTRIEUTILITY SYSTEMS. No. 477 (Senate Bill No. 51). An Act to amend an Act approved March 3, 1943, entitled An Act to create and establish a new charter for the City of Moultrie; to prescribe the rights, powers, government and jurisdiction of said city; to fix the corporate limits proper of said city; and to confer extra territorial jurisdiction upon said city with certain adjacent territory; to confer power upon said city to pass ordinances and regulations for the zoning of said city; to provide that no valid or existing ordinances, rule or regulation of the former corporation nor any contract made or right acquired under the same shall be affected by this Act; and for other purposes, said Act appearing on pages 1458 to 1499, both inclusive, of the published Acts of the General Assembly of Georgia of 1943, and any and all Acts amendatory of said described Act, whenever passed and wherever set forth; and to amend an Act entitled An Act to amend the charter of the City of Moultrie, in the County of Colquitt, to provide that said city may in its discretion extend, construct, maintain, and operate its water, sewerage, and electric-light line

Page 3474

and systems beyond the corporate limits of said city as they now exist or hereafter may be established; make reasonable rules and regulations governing the same; and acquire by purchase or condemnation rights-of-way, easements, and privileges for water, sewerage, and electric-light systems either within or without the city; and for other purposes, said Act appearing on pages 908 and 909, both inclusive, of the Public Acts of the General Assembly of Georgia of 1931, and all laws amendatory thereof; by providing as follows: that the water system, the electric system, and the gas system of the City of Moultrie are public utilities as to all parts of said systems outside said city and as to the operation of said system outside said city; that the laws applicable to public utilities shall apply to said systems, and their operation, outside said city; that all applicants shall be connected, or allowed to connect with said systems and be served thereby upon equal terms and without unjust discrimination when they are situated along the lines of the service for which they apply, or situated similarly to customers of said system; that charges for water, electricity, or gas, and the rates used as a basis for said charges shall not be more than 50% higher for customers outside said city than such charges and rates for customers within said city; and that no discrimination shall be made as between customers outside said city who take one such service, or some of the said services, and who do not take other of said services from said city; that said city shall not be subject to the jurisdiction of the Public Service Commission as to the operation of its water, electric and gas systems outside of said city, but that it shall be the duty of the courts to apply the applicable laws to said utility systems and their operations outside said city; that where the area of said city has been or may be expanded beyond that defined in its charter, by annexation of territory, said city shall not interfere in any manner with the operation, in any part of such annexed territory, of a water, electric or gas system which was operating in any part of said newly annexed territory at the time of such annexation;

Page 3475

that said city shall not deny to any such system the use of its streets, alleys or ways subject to reasonable regulation; that the City of Moultrie shall have the power to acquire any portion of any such system which has been incorporated into the territorial limits of said city by the exercise of the right of eminent domain under and in accordance with the provisions of Chapter 36 of the Code of Georgia Annotated, 1933; to repeal all laws in conflict herewith; and for other purposes. Section 1. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of same, that from and after the passage of this Act the water system, the electric system and the gas system of the City of Moultrie are each, separately, hereby declared to be public utilities as to all parts of the said systems outside said city and as to the operation of said systems outside said city, and the laws applicable to public utilities in general shall apply to said systems, and their operation, outside said city. Without limiting the application of the general laws pertaining to public utilities, where its water, electric and gas lines presently extend, or are in the future extended in territory outside the limits of said city, the City of Moultrie shall serve all who apply for service, either water, electric or gas, or any or all of them, upon equal terms and without unreasonable discrimination, where the applicant is situated along the line of the service for which he applies, or is situated, with respect to said system, similarly to those taking service therefrom. Charges for water, electricity or gas, and rates used as a basis for such charges, shall not be more than 50% higher for customers outside said city than such charges and rates applicable to customers within the limits of said city, and no discrimination shall be made as between customers outside said city who take one service, or some of the services, and who do not take other of the said services from said city, no tying of water, electric or gas service, or any of them, being permitted. The City of Moultrie, as to the operation of said systems outside said

Page 3476

city shall not be subject to the jurisdiction of the Public Service Commission, but it shall be the duty of the courts to apply the applicable laws to the said utility systems and their operations outside said city. Utility systems. Section 2. Be it further enacted that where the area of said city has been or may be expanded beyond that defined in its charter by annexation of territory, said city shall not interfere in any manner with the operation, in any part of such annexed territory, of a water, electric or gas system which was operating in any part of said newly annexed territory at the time of such annexation; nor shall said city deny to any such system the use of its streets, alleys or ways subject to reasonable regulation. Provided, however, that said City of Moultrie shall have, and is hereby granted, the power to acquire any portion of any such system which has been incorporated into the territorial limits of said city by the exercise of the right of eminent domain under and in accordance with the provisions of Chapter 36 of the Code of Georgia Annotated, 1933. Systems in territory added to city. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Affidavit of publication attached to enrolled copy. Approved March 17, 1956. CHATSWORTH CORPORATE LIMITS. No. 481 (House Bill No. 312). An Act to amend an Act creating a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, so as to change the corporate limits thereof; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 3477

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Chatsworth, approved August 18, 1923 (Ga. L. 1923, p. 529), as amended, is hereby amended by striking Section 2 in its entirety, and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The corporate limits of the City of Chatsworth shall be composed of the following described territory: Beginning at a point which is the southwest corner of Lot of Land No. 192, the southeast corner of Lot of Land No. 191, the northeast corner of Lot of Land No. 206 and the northwest corner of Lot of Land No. 205, all in the 9th District and 3rd Section of Murray County, Georgia; thence running east a distance of 1515 feet to a point; thence southeast parallel to Green Road a distance of 940 feet to a point which is 300 feet west of the west right-of-way line of Charles Road; thence south parallel to Charles Road a distance of 3880 feet to a point which is 300 feet south of the south right-of-way line of Georgia Highway No. 52; thence in an easterly direction parallel to Georgia Highway No. 52 a distance of 2820 feet to a point which is 300 feet west of the west right-of-way line of Sixth Avenue; thence due south a distance of 3300 feet to the north line of the property of J. S. and Lula Blackwell; thence east with Blackwell land line a distance of 1840 feet to the centerline of U. S. Highway 411; thence north with said centerline a distance of 360 feet to a point; thence north 64 degrees east a distance of 591 feet to a point; thence north 29 degrees east a distance of 383 feet to a point; thence east a distance of 1085 feet to the east right-of-way line of the Louisville and Nashville Railroad Company; thence in a northwesterly direction along said right-of-way a distance of 1100 feet to the south original line of Lot of Land No. 231, 9th District and 3rd Section of said State and county; thence east with said south original line a distance of 515 feet to a point; thence due north a

Page 3478

distance of 1800 feet to the centerline of Georgia Highway No. 52; thence west with said centerline a distance of 180 feet to a point; thence due north a distance of 550 feet to a point; thence due west a distance of 650 feet to the east right-of-way line of the Louisville and Nashville Railroad Company; thence in a northerly direction with said right-of-way a distance of 2945 feet to the north original line of Lot of Land No. 203, 9th District and 3rd Section of said State and County; thence in a northerly direction on with said right-of-way a distance of 4600 feet to a point which is 300 feet north of the Old Dalton-Ellijay Road; thence in a southwesterly direction parallel with Old Dalton-Ellijay Road a distance of 2650 feet to the north original line of Lot of Land No. 193, 9th District and 3rd Section of said State and county; thence west with said north original line a distance of 1600 feet to the northwest corner of said Lot of Land No. 193; thence south with west original line of Lot of Land No. 193 a distance of 1320 feet to a point; thence due west in a straight line to the west original line of Lot of Land No. 192, 9th District and 3rd Section of Murray County, Georgia; thence south with said west original line of Lot of Land No. 192 a distance of 1320 feet to the beginning point. Description. Section 2. All persons living within the territory sought to be annexed, and qualified to vote for members of the General Assembly of the County of Murray and who live within the territory sought to be annexed and who are and have been for thirty days immediately preceding said election to be called in said territory bona fide residents of said territory sought to be annexed as aforesaid, and who have duly registered as hereinafter provided, shall be qualified to vote at the election ordered as aforesaid. Within sixty (60) days from the approval of this Act, it shall be the duty of the Ordinary of Murray County to order an election in said territory sought to be annexed as aforesaid, to fix the time when said election shall be held, which shall not be less than ninety (90) days from

Page 3479

the date said election is ordered. Said election shall be held at the courthouse in the County of Murray. It shall be the duty of the ordinary when said election is ordered as aforesaid to appoint three freeholders from said territory sought to be incorporated, who shall be qualified voters to vote in said election, to manage said election. Said managers' duties shall be the same as prescribed by law for managers holding general elections. The polls at said election shall be kept open for the same length of time as is now prescribed for keeping open the polls in the general election in this State. Referendum. If any person offering to vote in said election ordered and held as aforesaid is challenged, he shall take the oath as now prescribed, to wit: I am a bona fide resident of the territory sought to be incorporated, and have been for thirty (30) days next preceding this election. It shall be the duty of the ordinary to appoint three registrars for said electon, and they shall open books at the courthouse for signatures of persons residing in the territory sought to be annexed as aforesaid. Said books for registration shall be kept open for at least fifteen (15) days, exclusive of Sundays, before the said date fixed for said election, from 9:00 A. M. to 5:00 P. M. It shall be the duty of the ordinary to fix the days on which said books for registration shall be kept open. The registration lists shall be consolidated within five (5) days after the last day of registration, and ten (10) days before said election, and turned over to the ordinary of said county. It shall be the duty of the Ordinary of Murray County to cause to be published in the newspaper in which the legal advertisements for said county are published, a notice of the election when ordered as aforesaid, which published notice shall give the time and place of holding said election, and it shall be published once a week for four (4) weeks immediately prior to the date of such election. Said ordinary shall publish in said paper at

Page 3480

least twice, a notice of the time and place for the registration of voters for such election. Said ordinary shall provide all necessary material for carrying on said election. All persons voting at said election held as aforesaid who are in favor of incorporating the said territory sought to be incorporated, shall have written or printed on their ballots the words For annexation, and those opposed to the same shall have written or printed on their ballots Against annexation. If a majority of those persons voting in such election vote for annexation, this Act shall become of full force and effect. If less than a majority of those persons voting in such election vote for annexation, then this Act shall be void and of no force and effect. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall be his further duty to certify the results thereof to the Secretary of State. Any person voting in any election held as hereinbefore set out without being registered as hereinbefore provided shall be guilty of a misdemeanor and on conviction thereof, shall be punished as prescribed in the penal code of this State. The ordinary shall keep an itemized account of all expenses incurred in said election, and shall present the same to the City of Chatsworth, and the said expense of said election shall be paid by the City of Chatsworth. The compensation of the ordinary shall be $10.00 per day, and managers and registrars shall be compensated as now provided by law for managers in general elections, and county registrars. If said territory is incorporated, the taxing authorities of the City of Chatsworth shall credit the city taxes of the owners of property within the newly incorporated area to the amount of all taxes required of such owners

Page 3481

by law for the payment of interest and sinking fund on bonds previously issued for the building of school houses in the respective districts where such property was located at the time of the issuance of such bonds. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Murray County. I, J. Roy McGinty, Jr., editor and publisher of The Chatsworth Times, a newspaper published in said county at Chatsworth, Georgia, in which the sheriff's advertisement for said County of Murray are published, do certify that the foregoing notice of local legislation was published in said newspaper in the issues of December 1st, December 8th and December 15th in the year 1955. Signed and certified this 21 day of January, 1956. /s/ J. Roy McGinty, Jr. J. Roy McGinty, Jr., Editor and Publisher, The Chatsworth Times. Notice of Local Legislation. Notice is hereby given that a bill, referendum attached, will be introduced for passage at the January 1956 session of the General Assembly of Georgia to extend the city limits of the City of Chatsworth according to plat which may be seen at the city's clerks office. Fred Long, Representative, Murray County. Approved March 17, 1956.

Page 3482

PINE LAKE CHARTER AMENDED. No. 483 (House Bill No. 575). An Act to amend the charter of the City of Pine Lake, in the County of DeKalb, as embodied in the Acts of General Assembly, Special Session 1937-1938, page 1225, and as amended in the Acts of General Assembly, 1939, page 1259 and as amended in the Acts of General Assembly 1941, page 1682, by changing the dates and the times for elections and for other purposes. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that from and after the passage of this Act, the Act approved December 29, 1937 and amended by an Act approved March 24, 1939, and amended by an Act approved March 27, 1941, is hereby amended as follows: Section 1. Be it further enacted by authority aforesaid that Section 2 of the Acts of 1939 amending Subsection (a) of Section 4 of the Acts of 1937-1938 be, and the same is hereby repealed and the following is substituted therefor to be known as Subsection (a) of Section 4. Be it further enacted by the authority aforesaid that there shall be an election on the first Monday in November of each year at which election two councilmen or one councilman and mayor shall be chosen and that the hours for holding such election shall be from ten o'clock A. M. to nine o'clock P. M. on the days of election. Elections. Section 2. Be it further enacted that all laws and parts of laws in conflict with this amendment to the charter creating and establishing the City of Pine Lake be, and the same are hereby repealed. Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that

Page 3483

he is managing-editor of the DeKalb New Era, a newspaper published in the City of Decatur, being of general circulation and being the legal organ for the County of Dekalb who certifies that legal notice, a true copy of which is hereto attached, being Notice of Intention to Apply for Local Legislation was duly published once a week for three weeks as required by law; said dates of publication being Jan. 19, 26, Feb. 2 - 1956 Notice of Intention to Apply for Local Legislation. Notice is hereby given that the undersigned intends to request introduction and passage of a bill in the 1956 session of the General Assembly calling for a charter amendment to the charter of the City of Pine Lake changing the date of elections from May to the 1st Monday in November. Clarence Peeler, Jr. City Attorney for the City of Pine Lake. 1-19-3t. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 7th day of February, 1956. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My commission expires Dec. 18, 1957. (Seal). Approved March 17, 1956.

Page 3484

BOARD OF EDUCATIONCOMPENSATION IN CERTAIN COUNTIES. No. 484 (House Bill No. 559). An Act to provide that members of the board of education in all counties having a population of not more than 4,950 and not less than 4,815 according to the United States census of 1950 or any future census, shall be paid the sum of twenty ($20.00) dollars for each day's service not to exceed forty ($40.00) dollars per month, to be paid from the county school funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The members of the board of education in each county having a population of not more than 4,950 and not less than 4,815 according to the United States census of 1950 or any future census, shall be paid the sum of twenty ($20.00) dollars for each day's actual service out of the school funds appropriated to the county. Provided, however, that the total compensation for any one member shall not exceed forty ($40.00) dollars per month. The accounts said members for service shall be submitted for approval to the ordinary or county superintendent of schools; and they shall not receive any other compensation, such as exemption from road duty and jury duty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956.

Page 3485

CITY COURT OF BUFORDCLERK'S SALARY. No. 485 (House Bill No. 590). An Act amending an Act creating the City Court of Buford, (Ga. L. 1906), and all Acts amendatory thereof, by changing the salary of the clerks of said court, and for other purposes. Section 1. Now, therefore, be it enacted that the annual salary of the clerks of the City Court of Buford, Georgia, beginning January 1, 1956, shall be $2400 per year payable in equal monthly installments. Salary. Section 2. All laws and parts of laws in conflict herewith shall be and are hereby repealed. Affidavit of Publication. Georgia, Gwinnett County. This is to certify that the Notice of Intention to Apply for Local Legislation regarding a bill to be introduced in the General Assembly of Georgia, amending the Act creating the City Court of Buford, changing the salary of clerks, and for other purposes, was published in The News-Herald in its issues of January 25th, February 1st, and February 8th. This the 7th day of February, 1956. The News-Herald, /s/ By P. M. Christian, Editor. Sworn to and subscribed before me, this 9th day of February, 1956. /s/ Kathleen R. Hayes, N. P. Legal Notice. Notice of Intention to Apply for Local Legislation. Notice is hereby given by the undersigned representative

Page 3486

of Gwinnett County, Georgia, of his intention to introduce a bill at the January-February session, 1956, of the General Assembly of Georgia, amending the Act creating the City Court of Buford, (Ga. L., 1906, pp. 176-191) and all Acts amendatory thereof, by changing the salary of the clerks of said court, and for other purposes. W. L. (Bill) Kilgore. 14-3t-p Approved March 17, 1956. HONORABLE JOHN J. FLYNT, JR., COMMENDED. No. 150 (House Resolution No. 235). A Resolution. Commending Honorable John J. Flynt, Jr.; and for other purposes. Whereas, Honorable John J. Flynt, Jr., United States Congressman from the Fourth Congressional District of Georgia, delivered a magnificent speech before a joint session of the General Assembly, in which he stated his views upon segregation; and Whereas, Congressman Flynt has, on numerous occasions, expounded his views on the floor of the United States House of Representatives, and has evidenced unyielding convictions on the rights of the South to maintain its traditional way of life; and Whereas, he has stated that he is strongly in favor of interposition, and in an address to the United States House of Representatives on February 9, 1956, he had inserted in the Congressional Record a copy of the Resolution on interposition which was passed by the Georgia House of Representatives, and the address of

Page 3487

Governor Marvin Griffin before a joint session of the General Assembly of Georgia relative to interposition. Now, therefore, be it resolved by the General Assembly of Georgia that this body expresses its sincere appreciation to Honorable John J. Flynt, Jr., for his courageous fight to uphold the Southern way of life, and his strong stand in favor of interposition. Be it further resolved that the Clerk of the House is hereby instructed to transmit a copy of this resolution to the Honorable John J. Flynt, Jr. Approved March 17, 1956. LAW BOOKS TO ROCKDALE SUPERIOR COURT. No. 153 (House Resolution No. 30-96c). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the County Commissioner of Rockdale County for the use of the Judge of Superior Court of Rockdale County, and for other purposes: Whereas, there are two judges of Superior Court of the Stone Mountain Judicial Circuit, one of whom is a resident of Rockdale County, Georgia, and Whereas, said judge, residing in Rockdale County, maintains an office in the courthouse of said county, and conducts weekly courts there, and Whereas, said superior court judge does not have access to sets of the Georgia Reports and the Georgia Appeals Reports. Now, therefore be it resolved by the General Assembly

Page 3488

of Georgia, that the State Librarian is hereby directed and authorized to furnish the County Commissioner of Rockdale County a complete set of the Georgia Supreme Court Reports and a complete set of the Georgia Appeals Reports, and the said commissioner is directed to provide a suitable place for the keeping of said books to be used by the judge of the Superior Court of the Stone Mountain Judicial Circuit, residing in Rockdale County, Georgia. Be it further resolved, that if for any reason the State Librarian cannot furnish any of the books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required to purchase said books. Approved March 17, 1956. MACON COUNTYORDINARY'S COMPENSATION. No. 486 (House Bill No. 582). An Act to supplement the fees of the Ordinary of Macon County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The fees which the Ordinary of Macon County receives shall be supplemented by the payment of one hundred dollars ($100.00) per month, which sum shall be in addition to the fees which he receives and which sum shall be paid from the funds of Macon County. Compensation. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved or it otherwise becomes a law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3489

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1956, session of the General Assembly of Georgia, a bill to supplement, by compensation, the fees of the Ordinary of Macon County; and for other purposes. This 3rd day of January, 1956. J. Lester Souter, Representative, Macon County Georgia. 1-5-563t-pd. Georgia, Macon County. Personally appeared before the undersigned, an officer duly authorized by law to administer oaths, came J. C. Cox, who, being first sworn on oath deposes and says that he is the owner and publisher of the Citizen-Georgian, the official newspaper of Macon County, Georgia, in which is printed advertisements of the sheriff of said county, and that the notice of local legislation attached to this affidavit was published in said Citizen-Georgian on the dates of January 5th, 12th and 19th, 1956. /s/ J. C. Cox. Sworn to and subscribed before me, this Feb. 7, 1956. /s/ Zella Holland, Notary Public, State of Ga. at Large. (Seal) Approved March 17, 1956.

Page 3490

TAX COMMISSION'S COMPENSATION IN CERTAIN COUNTIES. No. 487 (House Bill No. 592). An Act to provide for the compensation of the tax commissioner in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In each county of this State having a population of not less than 5,900 and not more than 5,951, according to the 1950 United States census or any future such census, the tax commissioner shall be compensated in an amount of $2,400.00 per annum, to be paid in equal monthly installments from the funds of such county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. ATLANTAPARKS. No. 489 (House Bill No. 97). An Act to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by authority of the same that the Act entitled an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, be further amended as follows: Section 1. A copy of notice of intention to apply for

Page 3491

this local legislation and an affidavit showing the publication of such notice as required by law are attached hereto and made a part of this bill, and it is hereby declared that all the requirements of the Constitution of the State of Georgia of 1945, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. The mayor and board of aldermen shall annually appropriate not less than ten thousand dollars to the commission from the funds raised by the imposition of the one-half mill tax authorized by Section 1 of the amendment to the charter, approved February 21, 1951 (Ga. L. 1951, pp. 3055, 3056), for permanent improvements in the Department of Parks of the City of Atlanta, which fund shall be cumulative. The commission may spend any part of such funds for investigations, promotional activities, or any other purposes which the commission may consider to be in the interest of the general park program. Park appropriations. Section 2-A. Effective as of February 1, 1956 the salary of the General Manager of Parks shall be nine thousand nine hundred fifty dollars, subject to uniform increases and decreases as approved by mayor and board of aldermen. Compensation, General Manager. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, Milton M. Smith author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspapers in which the sheriff's advertisements for the locality affected are published once a week for three weeks, during a period of sixty days immediately preceding its introduction into the General Assembly, as required by Article III, Section VII, Paragraph XV of the Constitution of Georgia.

Page 3492

The following is a printed copy of the published notice: Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta intends to apply for the passage of local legislation at the 1956 session of the General Assembly, which convenes on Monday, January 9, 1956, to amend the charter of the City of Atlanta, the title to such bill or bills to be as follows: An Act to amend an Act establishing a new Charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof, and for other purposes. Senator Everett Millican, Representative M. M. (Muggsy) Smith, Representative Hoke Smith, Representative Hamilton Lokey. Dec 20 27 Jan 3 This 11 day of January, 1956. /s/ Milton M. Smith. Sworn to and subscribed before me, this 11 day of January, 1956. /s/ Janette Hirsch, Notary Public. (Seal Affixed) Approved March 17, 1956. ROAD SYSTEM IN CERTAIN COUNTIES. No. 490. (House Bill No. 505). An Act to amend an Act entitled An Act to limit in counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census the use of such counties

Page 3493

of convict labor, county property or county funds for the purpose of building or maintaining a system of county roads... and for other purposes approved February 21, 1951 (Ga. L. 1951, pp. 817, et seq.) as heretofore amended, so as to redefine the term `subdivision' and to prescribe the conditions under which a county of such classification may perform road work; to provide a means of assessing the cost of road work in such counties; and for other purposes. Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same that the Act entitled, An Act to limit in counties having a population of 300,000 or more according to the United States census of 1950 or any future United States census the use by such counties of convict labor, county property or county funds for the purpose of building or maintaining a system of county roads... and for other purposes approved February 21, 1951 (Ga. L. 1951, pp. 817, et seq.) as heretofore amended, be further amended as follows: Act of 1951, amended. Section 1. By striking Section 1 (c) in its entirety and inserting in lieu thereof a new paragraph to be known as Section 1 (c) as follows: Section 1 (c). For the purposes of this Act a `subdivision shall cease to be classed as such whenever seventy-five (75%) percent of the lots of such subdivision have been improved, or when fifty (50%) percent of the lots of said subdivision have been so improved and a period of five (5) years has elapsed. Subdivision. Section 2. By adding to Section 4 thereof the following words to wit: Whenever the county government is authorized by the terms of this Act or any amendment thereto, or any other general or special Act to pave or otherwise improve a road, it shall be lawful for such pavement or improvement to be undertaken by the county authorities with contribution in whole or in part, by the property owner or other person benefited by said improvement,

Page 3494

of any sum of labor, material, or the use of any equipment., so that said Section 4 when so amended shall read as follows: Section 4. Neither such county nor the commissioners of roads and revenues or other governing authority thereof, shall use or permit to be used, either directly or indirectly, any employed or convict labor, or any county funds, for any purpose connected with the original construction of any road within the boundaries of any subdivision or residential project, unless the necessity therefor for through travel is first certified by the planning board, planning commission or other agency performing planning functions for said county, if there be such a board or agency in said county. Counties may, if any such road shall, after being fully constructed and ready for use, become a part of the county road system, maintain and repair the same, provided that this shall not, so long as any such road is or will be used primarily for ingress to, egress from or travel within any subdivision or residential project, authorize the improvement thereof to a substantially better condition or quality than when it became a part of the county road system. Whenever the county government is authorized by the terms of this Act or any amendment thereto, or any other general or special Act to pave or otherwise improve a road, it shall be lawful for such pavement or improvement to be undertaken by the county authorities with contribution in whole or in part, by the property owner or other person benefited by said improvement, of any sum for labor, material, or the use of any equipment. Costs. Section 3. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit. State of Georgia, County of Fulton. Before me, the undersigned, a notary public, this day personally came Frank Kempton, who, being first duly sworn, according to law, says that he is the president of

Page 3495

the Daily Report Company, publishers of the Fulton County Daily Report, the official newspaper in which the sheriff's advertisements in and for said county are published, and that the publication, of which the annexed is a true copy, was published in said paper on the 15th day of December, 1955, and once each week thereafter for 5 consecutive weeks as provided by law /s/ Frank Kempton. Subscribed and sworn to before me, this 25th day of January, 1956. /s/ Maiodis Fowler, Notary Public, Gwinnett County, Georgia. My commission expires July 2, 1958. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to introduce local legislation at the coming (January 1956) session of the General Assembly of Georgia, to amend Georgia Laws 1951, page 817 so as to redefine subdivision and residential projects, to permit Fulton County to build roads and to assess all or a portion thereof against the abutting property and for other purposes. This 13th day of December, 1955. Harold Sheats, County Attorney, Fulton County. Dec 15 22 29 Jan 4 11 18 25 Approved March 17, 1956. CITY COURT OF BAINBRIDGEPROCEDURE RULES. No. 491 (House Bill No. 329). An Act to amend an Act establishing the City Court of Bainbridge, approved November 27, 1900 (Ga. L. 1900,

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p. 104), as amended, so as to provide that the rules of procedure applicable to the Superior Court of Decatur County shall be applicable to the City Court of Bainbridge; 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 establish the City Court of Bainbridge in the City of Bainbridge in and for the County of Decatur; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define the powers of judge and other officers thereof; and for other purposes, approved November 27, 1900 (Ga. L. 1900, p. 104), as amended, is hereby amended so as to provide that the rules of procedure applicable to the Superior Court of Decatur County shall be applicable to the City Court of Bainbridge. Procedure rules. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1956 session of the General Assembly of Georgia, a bill to provide that the rules of procedure applicable to the Superior Court of Decatur County shall be applicable to City Court of Bainbridge and for other purposes. This 3 day of January, 1956. H. Carl Cloud, Representative, Decatur County. (Jan. 12-19-26) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Cloud, who, on oath, deposes and says that he is Representative from Decatur County, and that the attached copy of

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Notice of Intention to Introduce Local Legislation was published in the Post Searchlight, which is the official organ of said County, on the following dates: Dec. 12; 19; 26; 1956. /s/ H. Carl Cloud, Representative, Decatur County. Sworn to and subscribed before me, this 30 day of January, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 17, 1956. LUMPKIN COUNTYZONING. No. 492 (House Bill No. 555). An Act to authorize the governing authority of Lumpkin County to provide for zoning and planning in certain areas; to prescribe the procedure connected with the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Lumpkin County is hereby authorized to pass zoning and planning laws as authorized by the Constitution of Georgia for that area of Lumpkin County within two miles of the high-water mark of Lake Lanier. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Local Legislation. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in January, 1956, for passage of local legislation, the title to such bill to be as follows: An Act to enable the City of Dahlonega and Lumpkin County to establish a joint planning commission; to provide for the preparation and amendment of an overall plan for the orderly growth and development of said municipality and county; to provide for principal powers and duties of such planning commission; and for other purposes. This 4th day of January, 1956. Fred C. Jones, Jr., Representative. Arthur E. Housley, Senator of the 32nd District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Jones, Jr., who, on oath, deposes and says that he is Representative from Lumpkin County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dahlonega Nugget, which is the official organ of said county, on the following dates: 1-6-56 1-13-56 1-20-56. /s/ Fred Jones, Jr., Representative, Lumpkin County. Sworn to and subscribed before me, this 31 day of January, 1956. /s/ Janette Hirsch, Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal Affixed) Approved March 17, 1956.

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CATOOSA COUNTYBOARD OF UTILITIES COMMISSIONERS. No. 493 (House Bill No. 599). An Act creating a board of utilities commissioners for Catoosa County, Georgia, providing for the membership thereof, imposing in such board the management and operation of certain water facilities of said county, providing for the manner in which the provisions of certain proceedings heretofore adopted by said county for the issuance of water revenue certificates shall be carried out, and ratifying and confirming such proceedings. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same: Section 1. Water revenue certificates of Catoosa County having been heretofore issued pursuant to resolutions adopted by the commissioner of roads and revenue thereof on March 25, 1946, and April 21, 1947, it is hereby determined necessary to the credit of said county and to the credit of the State of Georgia to create a special board of utilities commissioners and to impose in such board the duty of operating and maintaining the water facilities of said county lying within the area thereof defined in said resolutions as Catoosa County Water District and such board of utilities commissioners (hereinafter sometimes called the board) is hereby created. Board. Section 2. The board shall consist of three residents of Catoosa County, each of whom shall be a qualified voter therein and shall be a freeholder and a consumer under the Catoosa County Water District. The first members of the board shall be David Brown to serve for a term ending Dec. 31, 1957, Paul Bowman to serve for a term ending December 31, 1959, J. F. Shirley to serve for a term ending December 31, 1961, each term of office to commence on the day this Act becomes effective. After

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the expiration of each of the above prescribed terms of office each member of the board shall serve for a term of six years. Each vacancy in membership, whether occasioned by expiration of office or otherwise, shall be filled by appointment of the Judge of the Superior Court of Catoosa County, Georgia. Permanent removal of any member from Catoosa County shall vacate his membership. Members shall be eligible for re-election or re-appointment, but no person shall serve for more than two full terms, and for purposes of such computation the original terms of the three first members of the board shall not be counted. Members, terms. Subject to the provisions and restrictions contained in the provisions of the above mentioned resolutions, all of which shall be binding upon the board and shall be carried out by the board, the board shall have complete authority and control over the management and operation of the water facilities of Catoosa County lying within the portion thereof defined as the Catoosa County Water District in said resolution of March 25, 1946, except that the board shall have no authority to borrow money or incur obligations of any kind not payable from the revenues of such water facilities, and except that all obligations incurred for the construction of improvements, extensions, additions or repairs to such facilities running for a period of more than one year shall be authorized, sold and issued by the governing body of Catoosa County and the proceeds thereof turned over to the board for expenditure. Powers and duties. The members of the board shall meet for the purpose of organizing as soon as may be after this Act becomes effective and shall organize through the election of one such member as chairman and one as vice-chairman, and through the appointment of a secretary and a treasurer, or a secretary-treasurer, who may but need not be a member or members of the board. The board may, in its discretion, provide that the official of Catoosa County who collects, holds and pays out general county revenues shall be ex officio treasurer of the board. The board

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may make such regulations and by-laws for the orderly handling of its affairs as it may, in its discretion, see fit, and shall operate and manage the water facilities with the same freedom and in the same manner as are ordinarily enjoyed and followed by the board of directors of a private corporation operating properties of a similar nature. The board shall obtain and keep continually in force an employees' fidelity and indemnity bond of the so-called blanket type, written by a solvent and recognized indemnity company and covering loss to the amount of not less than $30,000.00. The board shall have power to sue and be sued, to acquire by purchase, gift, devise, lease or otherwise, hold and dispose of real and personal property necessary or desirable in connection with its operation of the water facilities, and may make and enter into such contracts and agreements as may be appropriate to the exercise of its powers. The members of the board shall serve with compensation of $10.00 per month and they shall be reimbursed for all out-of-pocket expenses reasonably incurred in connection with the performance of their duties. Any member of the board may be unanimous vote of the other two members be removed from office, but only for demonstrated cause. Any change to be made hereafter in the identity of the Catoosa County Water District Collector serving under the provisions of the aforesaid resolutions shall be made by the board rather than by the commissioner of roads and revenue, and the board may replace such official at any time. The money received by the collector shall be paid as collected to the treasurer of the board and shall be held, deposited and secured in the manner for which provision is made in said resolutions. Rates and charges for water and service supplied by the water facilities shall be fixed by the board and shall be fully sufficient to carry out the provisions of said resolutions. Water revenue certificates.

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Section 3. All provisions of the proceedings of the Commissioner of Roads and Revenue of Catoosa County authorizing the issuance of the water revenue certificates above referred to are hereby ratified and confirmed and the board is charged with the duty to cause to be carried out promptly and effectively all provisions of said proceedings and to do all things necessary to make the revenues of the water facilities adequate to carry out such provisions and to effect the prompt payment of principal of and interest on such certificates. Section 4. As soon as the board has been organized as above provided the commissioner of roads and revenue, upon request by the chairman of the board, is directed to turn over to the board possession and control of the water facilities and to pay to the treasurer of the board all money in his possession acquired through the operation of the water facilities. Section 5. Notice of intention to apply for the enactment of this Act having been published in the manner required by Article III, Section VII, Paragraph XV of the Constitution of Georgia, and there being attached to and made a part of this Act a copy of such notice, together with an affidavit evidencing its publication in the Catoosa County News, that being the newspaper in which the sheriff's advertisements for Catoosa County are published, as follows, it is hereby found and declared that such notice was published as required by law: Notice to the citizens of Catoosa County, Georgia, and others whom it may concern, of intention to propose legislation. Notice is hereby given by the Representative of Catoosa County in the General Assembly of Georgia of his intention to apply to the 1956 General Assembly of Georgia for the passage of an Act to be entitled: An Act creating a Board of Utilities Commissioners for Catoosa County, Georgia providing for the membership

Page 3503

thereof, imposing in such board the management and operation of certain water facilities of said county, providing for the manner in which the provisions of certain proceedings heretofore adopted by said county for the issuance of water revenue certificates shall be carried out, and ratifying and confirming such proceedings. John W. Love, Jr., Representative from Catoosa County in the General Assembly of Georgia. Georgia, Catoosa County. Personally appeared before me, the undersigned attesting officer authorized by law to administer oaths, Ned Lee who being first duly sworn certifies, deposes and says that he is the publisher of the Catoosa County News: that the Catoosa County News is the newspaper in which sheriff's advertisements are published in Catoosa County, Georgia: and that the foregoing notice of intention to apply for legislation was published in said Catoosa County News on 26th of January 1956, 2nd of February, 1956 and 9th of February, 1956. /s/ Ned Lee. Ned Lee. Sworn to and subscribed before me this 8th day of February, 1956. /s/ Doris Epperly, Notary Public. Section 6. The provisions of this Act are severable, and if any one or more provisions hereof shall ever be held to be invalid by any court of competent jurisdiction, the remaining provisions hereof shall remain fully effective, it being hereby declared to be the legislative intent that this Act would have been adopted had such invalid provisions not been included herein. Section 7. All laws and parts of laws in conflict with this Act are to the extent of such conflict hereby repealed. Approved March 17, 1956.

Page 3504

COUNTY BOARD OF EDUCATIONCOMPENSATION IN CERTAIN COUNTIES. No. 495 (House Bill No. 439). An Act to fix the compensation of the chairman and the members of the board of education of all the counties of this State having a population of not less than 24,200 and not more than 24,300 according to the United States census of 1950, or any future United States census; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. From and after the passage of this Act in all counties of this State having a population of not less than 24,200 and not more than 24,300 according to the United States census of 1950, or any future United States census, the members of the board of education shall be compensated in the amount of twenty-five ($25) dollars per month and the chairman of said board shall be compensated in the amount of thirty-five ($35) dollars per month. This compensation shall be in lieu of all other compensation and shall be paid out of the school funds appropriated to the counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1956. CARROLL COUNTY TAX COMMISSIONER. No. 496 (House Bill No. 589). An Act to amend an Act creating the office of Tax Commissioner of Carroll County, approved July 28, 1931 (Ga. L. 1931, p. 405), as amended, particularly by

Page 3505

an Act approved March 7, 1955 (Ga. L. 1955, p. 2939), so as to change the salary of the tax commissioner; to provide for automobile expense to be paid to the tax commissioner for use of personal car when making his rounds; to increase the amount of compensation to be paid to the tax commissioner for clerical assistance; to provide for the appointment of a deputy tax commissioner; to provide his salary and duties; to provide for automobile expense when using his personal car for official business; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Carroll County, approved July 28, 1931 (Ga. L. 1931, p. 405), as amended, particularly by an Act proved March 7, 1955 (Ga. L. 1955, p. 2939), is hereby amended by striking in its entirety, Section 2 of said Act and in lieu thereof inserting the following: Section 2. The tax commissioner shall perform all the duties which are now performed by the Tax Receiver and Tax Collector of Carroll County, and shall be paid the sum of $4,800 per annum, in equal monthly installments on the first day of each month from the general funds of Carroll County. In addition thereto, said tax commissioner shall receive monthly from the general funds of Carroll County seven cents (.07) per mile for the use of his personal automobile in making his rounds. The tax commissioner shall be paid the sum of $5,100 per annum for employing clerical assistance in the office of said tax commission, to be paid in equal monthly installments from the general funds of Carroll County. The County Commissioners of Carroll County are hereby authorized to levy and collect a tax upon all the property of said county to pay the salary so fixed. Compensation and expenses. Section 2. Said Act is further amended by adding a new section to be known as Section 2 A, to read as follows:

Page 3506

Section 2 A. The County Commissioners of Carroll County shall be empowered to appoint a Deputy Tax Commissioner of Carroll County to be paid a salary of $4,800 per annum, to be paid on the first day of each month from the general funds of Carroll County. In addition thereto, the deputy tax commissioner shall receive monthly from the general funds of Carroll County, the amount of seven cents (.07) per mile for the use of his automobile while on official business of said county. It shall be the duties of the Deputy Tax Commissioner of Carroll County to seek out, plat, diagram and catalog the taxable property of Carroll County. The County Commissioners of Carroll County are hereby authorized to levy and collect tax upon all the property of said county to pay the salary so fixed. Deputy commissioner. Section 3. This Act shall become effective March 1, 1956. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Carroll: Personally appeared before me, an officer authorized by law to administer oaths, Stanley Parkman, who first being duly sworn, deposes and says on oath that he is the editor of the Carroll County Georgian, official newspaper and organ of Carroll County, Georgia, published at Carrollton, Carroll County, Georgia, and that an exact copy of the attached Notice of Intention to Apply for Local Legislation was published in said newspaper on the 19th and 26th days of January, and the 2nd day of February, 1956, as provided by law. /s/ Stanley Parkman. Sworn and subscribed to before me, this 6th day of February, 1956. /s/ O. M. Roberts, Jr., Notary Public, Georgia, State at Large. My commission expires April 27, 1958. (Seal)

Page 3507

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1956 session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Carroll County; to change the amount of clerical hire permitted the tax commissioner; to provide a mileage allowance; to provide for a deputy tax commissioner, his compensation and duties; and for other purposes. This 19th day of January, 1956. J. Ebb Duncan, C. C. Perkins, Representatives, Carroll County. 1/19, 26, 2/2 Approved March 17, 1956. GLASCOCK COUNTYSHERIFFS EXPENSES. No. 497 (House Bill No. 597). An Act to establish a method of paying traveling expenses incurred by the Sheriff of Glascock County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In addition to all compensation now received by the Sheriff of Glascock County, he shall be allowed traveling expenses which are incurred in the performance of his duties not to exceed one hundred dollars ($100.00) per month. Travel expenses. Section 2. The Sheriff of Glascock County shall submit to the commissioners of roads and revenues of said county, said incurred traveling expenses for approval and payment. Said expenses shall be itemized in a written report and submitted monthly by said sheriff. Reports.

Page 3508

Section 3. On March 14, 1956, it shall be the duty of the governing authority of Glascock County to hold an election for the purpose of submitting this Act to the voters of Glascock County for approval or rejection. The governing authority of Glascock County 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 Glascock County. The ballot shall have printed thereon the words: For approval of the Act establishing traveling expenses for the Sheriff of Glascock County. Against approval of the Act establishing traveling expenses for the Sheriff of Glascock County. Referendum. All persons desiring to vote in favor of the Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If less than a majority of those persons voting in such election vote for approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Glascock County. It shall be the duty of the governing authority to hold and conduct such election. It shall be the duty of the governing authority to canvass the returns and declare and certify the results of the election. It shall be their further duty to certify the results thereof to the Secretary of State. Section 4. The effective date of this Act shall be January 1, 1957. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Bill is Proposed to Subsidize Glascock County Sheriff's Salary. A bill is scheduled to be introduced in the current session of the General Assembly to provide for the Board of Roads and Revenue of Glascock County to pay an amount, not to exceed $100., to the county sheriff. This will be

Page 3509

in addition to the regular fee now received by the Glascock Sheriff. W. G. Todd, author of the proposed bill and Representative of Glascock County, said this week that the reasons for the introduction of such a bill was the result of a petition, signed by a number of local citizens, which he received. The complete notice is as follows: Notice. In accordance with a petition presented to me signed by a number of our citizens there will be introduced in this 1956 session of the General Assembly a bill to provide that the Board of Roads and Revenue of Glascock County shall pay an amount, not to exceed $100.00 monthly to the Sheriff of Glascock County. This to be in addition to the regular fees now provided by law. The purposes of which is to compensate him for expenses incurred in travel and investigation for which no fees are now provided. This Act shall be ratified by a majority of those voting in the county primary to be held March 14, 1956. W. G. Todd, Representative Glascock County. Jan. 20, 27, Feb. 3. Georgia, Warren County. Alva L. Haywood personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn deposes and says: That the attached and foregoing notice of local legislation, entitled Bill to Subsidize Glascock County Sheriff was published in the Gibson Record Guide, the official organ for Gibson and Glascock County, and the newspaper in which sheriff's advertisements for said county are published, once a week for three (3) weeks

Page 3510

during a period of sixty (60) days immediately preceding the introduction of said bill in the General Assembly of Georgia, all as provided by law. This affidavit is made by deponent who is the editor and publisher of the Gibson Record Guide, official organ for Glascock County, for the purpose of showing compliance with the Constitution and laws of Georgia with reference to publication of notice of intention to apply for local legislation and is made for the purpose of attaching a copy of the notice hereto as it appeared in the issues of the Gibson Record Guide dated January 20, 27 and February 3rd, 1956. Signed: Alva L. Haywood. Alva L. Haywood, Editor Publisher Gibson Record Guide, Gibson, Georgia. Sworn to and subscribed before me, this 8th day of February, 1956. /s/ Charles H. Snider, Charles H. Snider, Notary Public, Warren County, Ga. Approved March 17, 1956. THOMAS COUNTY TAX COMMISSIONER. No. 498 (House Bill No. 594). An Act to consolidate the office of Tax Receiver of Thomas County and the office of Tax Collector of Thomas County into the single office of Tax Commissioner of Thomas County with the same duties and liabilities as the two offices so consolidated; to provide that the term of office of Tax Commissioner of Thomas County shall begin on January 1, 1957; to provide for a salary for the tax commissioner; to provide for assistant personnel for the tax commissioner;

Page 3511

to provide for expenses in operating the office of tax commissioner; to provide that all fees and other income of the offices of tax receiver and tax collector shall be collected by the tax commissioner and paid to Thomas County; to provide for certain procedure connected with the office of tax commissioner; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The offices of Tax Receiver and Tax Collector of Thomas County are hereby consolidated into one office at the end of the current terms of said offices which expire on December 31, 1956. In place of said two offices there is hereby created the single office of tax commissioner which office shall have the same duties and liabilities as the two offices so consolidated. The term of office of tax commissioner shall be the same as other county officers, and the tax commissioner shall be nominated and elected at the same time and in the same manner as other county officers. All laws applicable to the offices of tax receiver and tax collector shall be applicable to the office of tax commissioner insofar as the same can apply. Before entering upon the duties of his office the tax commissioner shall take the oath now prescribed by law for the tax receiver and tax collector and shall give bond as prescribed by statute. The bond premium shall be paid by Thomas County. In the event the office of tax commissioner shall become vacant for any reason, the vacancy shall be filled for the remainder of the unexpired term in the same manner provided for other county officers. Tax commissioner. Section 2. The Tax Commissioner of Thomas County shall be paid a salary of seven thousand dollars ($7,000.00) per year in equal monthly installments at the end of each calendar month by Thomas County and said salary shall be the tax commissioner's sole compensation for performing the duties of his office. Salary.

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Section 3. The tax commissioner is hereby authorized to employ to serve at the pleasure of said tax commissioner and to perform such duties as may be assigned by him such clerical assistance as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the Board of Commissioners of Roads and Revenues of Thomas County as may be required from time to time, and their said salaries to be paid by Thomas County together with the premium on any bond required of such employees. Clerical assistance. Section 4. The Board of Commissioners of Roads and Revenues of Thomas County shall provide for and furnish the tax commissioner an office to be located in the courthouse of said county and shall pay from county funds all necessary operating expenses of said office. Said tax commissioner shall furnish said Board of Commissioners of Roads and Revenues of Thomas County by the seventh day of each month an itemized statement of such expenses incurred in his office during the preceding month. Office and expenses. Section 5. All fees, penalties, costs, commissions and other compensation of whatever nature now or hereafter allowed by law to the tax receiver and tax collector for receiving and collecting taxes for the State and political subdivisions thereof and for performing the services of said offices shall be collected by the Tax Commissioner of Thomas County and same shall be paid to Thomas County not later than the fifteenth day of each month following the month during which said sums were collected. Fees, costs, etc. Section 6. All taxes due and payable and all tax fi. fas. issued by the Tax Collector of Thomas County outstanding at the time said tax commissioner takes office shall have full force and effect and shall be collectible as issued. Section 7. The Tax Commissioner of Thomas County

Page 3513

shall be required to make the same rounds for receiving taxes as are now required by law of the tax receiver and the same rounds for collecting taxes as are now required by law of the tax collector. Rounds. Section 8. The Tax Commissioner of Thomas County shall keep his office open for the transaction of business during the hours observed by other regular county officers and he shall not later than November first of each year forward to each taxpayer of the county a written statement showing the amount of taxes due by said taxpayer and the due date thereof. Office hours. Section 9. This Act shall not become effective unless approved by the people in a referendum election held for such purpose. Not less than fifteen (15) days nor more than thirty (30) days after date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Thomas County to issue the call for an election for the purpose of submitting this Act to the voters of Thomas County for approval or rejection. The date of the election shall be set for a day not less than twenty (20) nor more than thirty (30) days after the date of the issuance of the call. The date and the purpose of the election shall be published once a week for two (2) weeks immediately preceding the date thereof in the official organ of Thomas County. The ballot shall have printed thereon the words: For approval of the Act consolidating the offices of tax receiver and tax collector into the one office of Tax Commissioner of Thomas County. Against approval of the Act consolidating the offices of tax receiver and tax collector into the one office of Tax Commissioner of Thomas County. Referendum. All persons desiring to vote in favor of this Act shall vote for approval, and those persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those persons voting in such election vote for approval of the Act, then it shall become of full force and effect. If a majority of those persons voting in such

Page 3514

election vote against approval of the Act, then it shall be void and of no force and effect. The expense of such election shall be borne by Thomas County. It shall be the duty of the ordinary to hold and conduct such election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall further be his duty to certify the results thereof to the Secretary of State. Section 10. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby and shall remain in full force and effect. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention of the undersigned to apply for local legislation at the present session of the General Assembly of Georgia, which convened on the ninth day of January, 1956, to abolish the present county offices of Tax Receiver and Tax Collector, of Thomas County, Georgia, and to create in lieu thereof the county office of Tax Commissioner, of Thomas County, Georgia, who shall discharge the duties of the present county offices of tax receiver and tax collector; to abolish the present mode of compensation accruing to the offices of tax receiver and tax collector, known as the fee system, and to provide in lieu thereof a salary for the office of Tax Commissioner, of Thomas County, Georgia; to abolish the present mode of compensation accruing to the offices of Clerk of the Superior Court, Clerk of the City Court, Ordinary, Sheriff of the City Court, and Sheriff, of Thomas County, Georgia, known as the fee system, and to prescribe in lieu thereof salaries for such offices; to fix the salaries of all of such aforesaid officers and provide the time and method of payment of same, and funds from which payable; to provide that all emoluments accruing to each of said offices, except said salaries, shall be and become the property of said county, and said county shall be subrogated to all rights, claims

Page 3515

and liens of said officers therefor; to provide that said officers shall undertake to collect said emoluments and shall receive and hold the same in trust for said county, and shall pay the same into the treasury of said county periodically; to provide for such officers furnishing periodic statements; to provide for the payment of operating expenses of said offices from county funds; to provide for the payments of premiums on the official bonds of said officers, and their deputies, clerks and assistants, from county funds; to provide for the employment of deputies, clerks and assistants by said officers, and to fix their salaries and provide for the payment thereof; to provide that if any provision of said Act is held to be unconstitutional, such provision alone shall be invalid, and the other parts shall remain force; to repeal all laws and parts of laws in conflict with such Act; to provide the date such Act shall become effective; and for other purposes. By authorization of the Commissioners of Roads and Revenues of Thomas County, Georgia, this the 16th day of January, 1956. /s/ E. P. McCollum, County Attorney for Thomas County, Georgia. Georgia, Thomas County. Personally appeared before the undersigned attesting officer, Lee E. Kelly, who after being first duly sworn on oath says and certifies that he is secretary and general business manager of the Times-Enterprise Company, publishers of The Times-Enterprise, the weekly edition of which said paper is the newspaper in which sheriff's advertisements for Thomas County are published, and he does further swear and certify that an exact copy of the above and foregoing notice of intention to apply for local legislation was published in The Times-Enterprise, Weekly Edition, on January 20th, 27 and February 3rd, 1956. /s/ Lee E. Kelly. (Lee E. Kelly)

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Sworn to and subscribed before me, this 6th day of February, 1956. /s/ L. B. Edwards, Notary Public, Georgia, State at Large. My commission expires Sept. 11, 1958. (Seal) Approved March 17, 1956. HIAWASSEE CHARTER. No. 499 (House Bill No. 553). An Act to amend, consolidate and supersede the several Acts incorporating the City of Hiawassee, in the County of Towns, State of Georgia, and all amendments in respect thereto; to create a new charter of said corporation; to provide a municipal government thereof; to define the territorial limits of said town; to provide for the powers thereof; to provide for a mayor and council and to define their powers and duties; to provide punishment of violators of the ordinances of said town; to define the special powers and duties of the mayor; to provide for the election of a mayor and council, their oaths and terms of office, for their meetings and methods of filling vacancies therein; to provide for the appointment of election managers; their oaths and duties, and for their compensation; to define the method of holding all town elections, for the declaration of the results of such elections; to provide for the selection of a mayor pro tem.; to provide for the qualifications of the voters and electors in said town, and for the qualifications of the mayor and council; to provide for a permanent system of registration of voters; to provide for a board of registrars, their oaths, duties and compensation; to provide for appeals from decision to town clerk refusing to allow person to register; to provide for a notice to person whose name is stricken from voters' list and for a hearing

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on same; to provide for a town clerk and treasurer, a town marshal, attorney and other officers, their oaths, bonds, and for their compensation and their removal from office; to provide for a police court and its powers and for the trial and punishment of violators of town ordinances therein; to provide for the arrest of violators of town ordinances, with or without warrant; to provide for the taking of appearances bonds, and for the forfeiture of the same; to provide for appeals and certiorari; from the police court and from the decision of the mayor and council in criminal cases; to require tax returns to be made by the citizens of said town; to provide for a board of tax assessors, their oaths, duties and compensation; to provide for double taxation where tax returns are not made; to provide for appeals from decision of board of tax assessors and hearing on same; to provide for the collection of taxes by execution; to provide for an ad valorem tax on property in the town, and to define its limits; to empower said town to widen its streets; to provide for the removal of obstructions from streets; to provide for the regulation of explosives and fireworks; to provide for the regulation of all trades and business, callings, and professions; to provide for the registration of trades and business, and to authorize said town to require any person engaging in any trade, profession or business to purchase a license to do so; to provide for the revocation of such licenses; to provide for the licensing of pool tables and games, for the licensing of brokers and other trades and businesses; to provide for license ordinances and for the punishment of persons engaging in business who fail to obtain licenses; to provide for the regulation of animals and for the power to empound the same; to provide for the opening of new streets and the right to condemn property for such purposes; to provide for the improvements of streets in said town; to provide for the cost of such improvements and for the easements against abutting property therefore; to provide for the cost of curbing, drains and manholes; to compel the connection of water and gas lines with town

Page 3518

lines; to provide for the prorating of assessments; to provide for the improvement of sidewalks and the cost thereof; to provide for the procedure of improvement of streets and sidewalks; to provide for contracts for street improvements and for the bonds of contractors; to provide for the appraisal of cost of street improvements and provide for objections to appraisal of cost of street improvements and provide for a lien for street and sidewalk improvements; to provide for the issuing of executions of street and sidewalk improvements and the levy and sale of abutting property thereunder; and for the transferring of such executions; to provide for affidavits of illegality to street improvement executions and the trial of such; to provide for street improvements abutting State property and political subdivisions thereof; to provide for bond elections for street improvements and for a tax to pay such bonds; to provide that the assessments for street improvements to be paid in installments and for the lien of installment assessments; to provide for street improvement bonds which will not be an obligation of the town and for the payment of the same; to provide for the rank of liens of assessments for street improvements; to provide for a sewerage system for said town and for sewerage and drainage assessments, for the taking of property for sewerage system, for the extension of such system, and for the making of such sanitary lots; to authorize the town to maintain and operate a system of waterworks; and any other public utility; to provide for connection of all sanitary units and sewers and to provide penalties; to provide for a general policing and all police law; to provide for all matters and things necessary or proper or incident to all municipal corporation and inhabitants and well-being thereof; to provide for the passage of all necessary, proper or incidential ordinances, resolutions, regulations and orders; to provide for the extension of jurisdiction and territorial limits; to provide for condemnation of water rights; to provide for control of sewers and pipes in said town; to provide for the collections of sanitary taxes; to provide for a board of health and to define

Page 3519

the powers and duties of such board; to provide for the regulation and prevention of sale of intoxicating liquors; to provide for fire districts in said town and for fire regulations therein; to provide for vaccination, for a pest house and for the prevention of diseases; to provide for a town cemetery and its regulations; to provide for the power of the town to grant encroachments on public streets; to provide for a town prison; to provide for the suppression of vice and houses of ill fame; to provide for executions in favor of said town, and for the advertisement and sales of property thereunder; to provide for tax sales, deeds and executions; to provide for the form of accusations and affidavits; to provide for town parks, and for the regulations of trees in said town; to empower said town to require all male citizens between the ages of 18 to 50 to work on streets of the town, or to pay a commutation street tax in lieu thereof, and to provide for exemption therefrom and for punishment for those failing to work streets or pay commutation tax; to provide for the regulation of vehicles and their speed in said town; to provide for prevention of idleness and loitering; to provide for a town fire department; to provide for the collection of a tax on dogs; to provide for a code of ordinances for said town; to require building permits before any building or structure can be erected in said town; to provide for the condemnation of private property, within and without the town, for public purposes; to provide for the issuance of bonds, for bonds election and for the levy and collection of a tax to pay said bonds; to provide for the sales of town property by the mayor and town council; to provide for recall of elected officers; to provide that receipts and disbursements be published in the official gazette of the City of Hiawassee; to provide a referendum for the sale of malt beverages, wines or whiskey; to provide for the repeal of all Acts incorporating the City of Hiawassee, and all Acts amendatory thereof; to provide that if any portion of this Act be declared invalid by a court of competent jurisdiction, the same will not affect the remaining portions; and for other purposes.

Page 3520

Be it enacted by the General Assembly of the State of Georgia: Section 1. It is hereby enacted by the authority aforesaid, that from and after the passage of this Act the inhabitants of the territory now embraced in the corporate limits of the City, or Town of Hiawassee located in the County of Towns, State of Georgia, be and are hereby incorporated under the name and style of City of Hiawassee. Incorporation. Section 2. Corporate limits. Be it further enacted that the corporate limits of the City of Hiawassee shall extend one mile from the center of the public square of said city, said distance to be in a radius from the center of said courthouse: Provided, that the mayor and council shall be empowered to extend the limits by ordinances provided, further, that this shall not be done unless a majority of the legally qualified voters of said town shall vote to extend the limits in a special election called by said mayor and council for that purpose, and in the event of such election all persons who are entitled to vote for members of the General Assembly of Georgia, who will be included in the new territory shall be allowed the privilege of voting and participating in said election as other qualified voters of said city. Limits. Section 3. Be it further enacted, that from and after the passage of this Act the inhabitants of the territory described in Section 2 of this Act, located in the County of Towns, State of Georgia, be and are hereby incorporated under the name and style of City of Hiawassee and said City of Hiawassee is hereby chartered and made a city under the corporate name of City of Hiawassee, and by that name shall have perpetual succession, and is hereby vested with all the rights, powers, and privileges incident to municipal corporations of this State, or cities thereof, and all rights, powers, titles, property, easements and hereditaments within or without its corporate limits now belonging to said City of Hiawassee shall be and are hereby vested in said City of

Page 3521

Hiawassee as created by this Act; and the City of Hiawassee as created by this Act may by its corporate name sue and be sued, contract and be contracted with, plead and be impleaded, have and use a common seal; make and enact, through its mayor and councilmen, such ordinances, bylaws, rules, regulations and resolutions for the transaction of its business and the welfare and proper government of said city, as to said mayor and councilmen may seem best, and which shall be consistent with the laws of the State of Georgia and the United States. And the said City of Hiawassee shall have the right and power to purchase, hold, rent, lease, sell, exchange, enjoy, possess and retain in perpetuity, or for any term of years, any property, estate or estates, real or personal, lands and tenements hereditaments, and of whatever kinds, and within or without the limits of said city and for corporate purposes said City of Hiawassee, created by this Act shall succeed to all rights of and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of said City of Hiawassee and its mayor and councilmen as a body corporate as heretofore incorporated. Corporate powers. Section 4. Be it further enacted, that the municipal government of the City of Hiawassee shall consist of and be vested in a mayor and five councilmen; that said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders, as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, airships, livery-stables, sales-stables, warehouses, sleeping apartments, restaurants, cafes, opera-houses, theatres, picture shows and all kinds of shows and circuses, dancehalls, skating-rinks, bowling alleys, pool and billiard rooms, and all other places of amusements; storehouses, hitching places, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber-shops, soda founts, beer-saloons, telegraph and telephone companies, gas, water, lights and electrical companies, booths, stands, tents, stores, business establishments,

Page 3522

filling stations, common carriers, all sales and displays in said town and all other matters and things whatsoever that may be by them considered necessary or proper or incident to the good government of said city, and the peace, security, health, happiness, welfare, protection or convenience of the inhabitants of said town, and the preservation of peace, good order and dignity of said government; and said mayor and councilmen shall have full power and authority to pass all laws and ordinances, rules and regulations, necessary and proper to preserve order, suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State, and to prescribe punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, said punishment to be in accordance with that allowed by this charter to be inflicted on violators of said ordinances. This enumeration of powers shall not be construed as restricted to said powers alone but shall include all and every other things and act necessary or incident to municipal government and shall not conflict with any special power or authority given said government by this Act, but shall be construed as in addition to and in aid of such powers. Mayor and council. Section 5. Be it further enacted that the mayor shall be the chief executive officer of said city and it shall be his duty to preside at all meetings of the city council; to see that all meetings are conducted in a parliamentary manner, to preserve order and decorum in such meetings; to inflict such punishment upon any person guilty of contempt before said council as may be authorized by municipal ordinances; to see that all laws, ordinances, rules, regulations and resolutions of the mayor and council of said city are faithfully executed and enforced; to appoint and be an ex officio member of all committees; to see that all funds are properly accounted for and that all revenues are properly and promptly collected; to inform the council from time to time of the general condition of said city and its affairs and recommend such measures as he may deem necessary or expedient for

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the welfare of said city; to inspect or cause to be inspected by one or more of the councilmen of said city the records and books of account of the officers of said city and see that they are properly and correctly kept to require such reports to be made by such officers, to the council as he may deem proper; to see that order is maintained in said city and that its property and effects are preserved. The said mayor shall exercise general supervision and jurisdiction over the affairs of the said city; shall have authority to convene the council in extra session as frequently as he may deem proper to preside in the police court of the City of Hiawassee and is hereby given full authority to sit as a committing magistrate; to try all persons charged with violation of any ordinance of said city; and to impose sentences of punishment for such violations within the limits hereinafter provided; to punish for contempt of court before such police court or contempt of the council by imposing such sentence or penalty as may be authorized by the ordinances of said city; to bind said city by signing any contract, obligation or other matter entered into and authorized by ordinances or resolution of the council of said city, properly passed in accordance with the provisions of this Act; and to do acts and things as may be proper and necessary in the proper conduct of the affairs of said city and as may be hereinafter authorized. Mayor's powers and duties. Section 6. Be it further enacted, that the present mayor and councilmen of said City of Hiawassee, shall continue in office until the Monday after the first Tuesday in December, 1956, and said mayor and councilmen shall exercise all of the powers and authorities conferred upon the mayor and councilmen of the said City of Hiawassee, created by this charter and on the first Tuesday in December, 1956, a mayor and five councilmen shall be elected as provided in the next session of this Act. Incumbents. Section 7. Be it further enacted that on the first Tuesday in December, 1956, there shall be elected for said city, by the qualified voters therein, a mayor and

Page 3524

five councilmen, and the mayor and two of the said councilmen shall be elected to serve for a term of one year, and three of the said councilmen so elected shall be elected to serve for a term of two years. Then, on the first Tuesday in December, 1957, and biennially thereafter, a mayor and two councilmen shall be so elected for said city. Biennially, after said election on said first Tuesday in December, 1956, three councilmen shall be elected for said city, it being the purpose of this section to provide a rotation system for the terms of office of mayor and councilmen, in order that at no time shall there be elected for office at the same time a new mayor and councilmen throughout, but that after every election there shall remain in said body either a mayor and two councilmen, or three councilmen who have served in said capacities for the one year preceding, thereby retaining in said body three officials who have had at least one year of experience in said capacities either as mayor or as councilmen with the exception of the mayor and the two councilmen who will be elected on the first Tuesday in December, 1956, to serve for a term of one year, all elections for mayor and councilmen elected under the provisions of this charter shall be for two years, commencing on the Monday in December next after their election. On the Monday in December, after their election, the newly elected mayor and/or councilmen-elect shall meet in the city hall or other designated place in said city and then and there shall severally take, before some officer authorized under the laws of Georgia to administer oaths, the following oath of office, to wit: I do solemnly swear that I will well and truly demean myself as mayor (or councilman, as the case may be) of the City of Hiawassee for the ensuing term, and I will faithfully enforce the charter and ordinances of said city to the best of my skill and ability, without fear or favor; so help me God. Should the mayor or any councilmen be absent from said meeting, he or they shall take said oath of office as soon as possible thereafter. Said mayor and councilmen shall provide, by ordinance, for regular monthly meetings, and may hold such special called meetings as the business of the city may require, which special or called meetings,

Page 3525

shall be called by the mayor in his discretion, to be convened as provided by the city ordinances. In the event that the office of mayor, or any one or more of the councilmen shall become vacant by death, rsignation, removal or otherwise, said vacancy or vacancies may be filled by appointment and selected by the mayor and councilmen, in the case of vacancies in the council, and by the councilmen in the case of a vacancy in the office of mayor, and persons so selected shall be duly qualified to fill such vacancies for the unexpired terms provided it does not exceed (12) months. Election Installation. Be it further enacted that should the mayor or any member of the council fail or refuse to perform the duties of his office for the term of three consecutive months, or should any officer-elect refuse to qualify, the office may be, in the discretion of the remaining members of the council, declared vacant and the vacancy filled as above provided. Vacancies. Section 9. Be it further enacted, that elections held under this charter, and all elections in which any subject or question is submitted to the qualified voters of said City of Hiawassee shall be managed by a justice of the peace or some other judicial officer, and two freeholders, who are citizens of said city and own real estate therein; and said managers, before entering on their duties, shall take and subscribed before a justice of the peace, or some other officer qualified to administer oaths, or before each other, the following oath: That each of us do swear that we will faithfully and impartially conduct this election, and prevent all illegal voting, and prevent no one from voting who is entitled to do so according to law, to the best of our skill and power, so help me God. Said managers shall keep, or cause to be kept, copies of two lists of voters and two tally sheets. All voting in any election held in said city shall be by secret ballot and all electors shall be secure in their right to cast their ballot without annoyance from or by any person in or near any voting place, and to this end the mayor and council shall provide as many voting booths as may

Page 3526

be necessary at said town hall or other designated place for the holding of any election. The polls shall be opened at 8 o'clock A. M., and close at 3:30 P. M. Persons receiving the highest number of votes for the respective offices shall be elected. The managers of all elections held under the provisions of this charter shall be appointed by the mayor and councilmen. The mayor and councilmen shall determine and provide for the payment of managers of any elections and of any clerks that may be necessary in holding any elections, but such pay or compensation shall not exceed the sum of $3.00 per day for each such manager or clerk. City elections. Section 10. Be it further enacted, that the said managers shall certify two lists of voters and two tally-sheets and shall place one list of voters and one tally-sheet in the ballot box with the ballots and seal the same, and shall forthwith deliver the same to the Ordinary of Towns County or his clerk. The other shall be placed in a package and sealed and forthwith delivered to the clerk of said city, who shall safely keep the same and it shall be the duty of the mayor to call a special meeting of the mayor and councilmen for the purpose of declaring the result of said election; at said meeting it shall be the duty of said clerk to deliver said package to the mayor and councilmen, who shall open the same and declare the results. The person receiving the highest number of votes for the respective offices shall be elected. In case of a tie between two or more candidates in any election for mayor and councilmen or either of them, or other elective officers, a new election as between candidates thus tied shall be ordered by the mayor and councilmen within ten days after the result has been declared, under the same regulation list, and the person receiving the highest number of votes cast in said election shall be declared duly elected. Results. Ties. Section 11. Be it further enacted, that if the result of any election held in said city is contested, notice of said contest shall be filed with the Ordinary of Towns County within three days after said election, and upon

Page 3527

the payment in advance by the contestant, or contestants, to said ordinary of ten dollars ($10.00), the said ordinary shall within two days after he received the same cause a copy of said notice to be served by the sheriff or his deputy, on the contestee, if such contest is for an office; and if the result of any election in which any question is submitted is contested then said ordinary shall cause notice to be served on the mayor of the city, said ordinary shall fix the time of hearing said contest, which shall not be later than ten days after service has been perfected, of which time both parties shall have five days' notice before hearing. The contester shall pay to the sheriff, or his deputy two dollars ($2.00) in advance for service of notice of contest. Said notice of contest shall be set out therein plainly and distinctly the grounds upon which said results of elections is contested; contestee may set up any cross-grounds of contest. The contest may be heard at the Towns County courthouse. Said ordinary is authorized to hear and determine any contest, and the losing party shall pay all costs, for which said ordinary is authorized to issue the usual execution. Contest of elections. Section 12. Be it further enacted, that the mayor and councilmen at their first regular meeting in December, 1956 and annually thereafter, shall elect one of the councilmen mayor pro tem., who shall, in the case of absence or disqualification of the mayor or for vacancy in that office, perform and discharge all duties, and exercise all of the authority of the office of mayor upon taking the usual oath. Mayor pro tem. Section 13. Be it further enacted that all persons qualified to vote for members of the General Assembly of this State and shall have resided in the City of Hiawassee thirty days prior to the election at which they offer to vote, and shall have registered as shall be required by the registration laws of said city, shall be qualified to vote at any election provided by this charter. Qualified voters. Section 14. Be it further enacted, that no person shall be eligible for the office of mayor or councilman

Page 3528

of said city unless he has resided in said city one year immediately preceding his election and shall be qualified voter in municipal elections for officers of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws which may be in force at that time of said city. The name of no candidate for either mayor or councilman shall be placed on the ballot in elections for mayor and councilmen, unless such candidate shall file with the clerk of said city, fifteen days prior to the election in which he desires to be candidate (legal holidays and Sunday excluded) his written notice that he desires that his name be placed in said ballot as a candidate either for mayor or councilman. Such written notice shall be in such form and contain such information as the mayor and council may provide by ordinance. No person shall be eligible for the office of mayor or councilman of said city unless such person shall file said above notice within the time above provided. Qualifications of mayor and councilmen. Section 15. Be it further enacted, that it shall be the duty of the clerk, upon the first Monday immediately following any election in said city, either regular or special, to open a registration book for the registration of qualified voters of said city. Said book shall be kept open each and every day between the hours of 8 o'clock A. M. and 6 o'clock P. M. (Sundays and legal holidays excepted) until twenty days prior to any regular or special election of said city, when said registration book shall be closed, and after which no person shall be allowed to register his name on said book until said book be again opened following such election. It shall be the duty of the clerk, upon application in person and not by proxy, of any citizen who is qualified to vote for members of the General Assembly, who have paid all taxes of every character legally imposed and demanded by the authority of the town, and who upon the day of the election, if then a resident, will have resided in said town for thirty days prior thereto, to allow such person to register his name and color recording on said book besides the applicant's name, his age, occupation or business.

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Said clerk shall not knowingly permit any one to register who is not lawfully entitled to do so, and shall in every case before registering the applicant, administer the following oath: You do solemnly swear that you are a citizen of the United States; that you have resided in Georgia for twelve months, in this county six months, and in the City of Hiawassee thirty days next preceding his registration, or that by the date of the next city election, if you are still a resident of the town, you will have fulfilled these conditions; that it is your intention to remain a resident of this town until the date of the next town election; that you are 18 years old; and that you have made all returns required of you by the ordinances of this city; so help you God. It shall be the duty of the clerk to have written or printed the above oath on the front page of said registration book and to require the applicant for registration to swear to said oath and sign his name thereto or by someone authorized to do so for him. However, no person registering in said book shall be required to again register as a qualified voter of said town so long as he remains a resident of said town, and does not disqualify himself, it being the purpose of this Act to provide a permanent system of registration for said town. Registration. Section 16. Be it further enacted, that at the first regular meeting of the mayor and councilmen in December of each year, said mayor and councilmen shall select and appoint three registrars, who shall be registered and qualified voters in said city. It shall be the duty of the said registrars to make and prepare a list of the registered and qualified voters of said city and furnish same properly certified to the clerk of said city, as hereinafter provided. Such registrars shall take and subscribe an oath to faithfully and impartially perform the duties devolving upon them as registrars, said oath shall be in form prescribed by the mayor and council. The compensation of such registrars shall be fixed by the mayor and council, at the time of the selection and appointment of such registrars, but such compensation shall not exceed the sum of three dollars ($3.00) per day for each registrar,

Page 3530

for the time actually spent in the performance of their duties as registrars. The term of office of such registrars shall be for one year. Registrars. Section 17. Be it further enacted, that the clerk of the City of Hiawassee shall close the registration book twenty days before any regular or special election, to be held in said city at five o'clock P. M. on such closing day and shall not permit any person to register after such time and until after such election shall have been held; and shall thereupon turn over said registration book to the registrars, who shall meet and make up, from said books a list of the qualified voters of said city who are qualified to vote in such election; in making said list, the registrars shall exclude the names of all persons found to be not eligible to vote in such election or who have, in any way, disqualified themselves as legal voters. The said registrars shall complete their work on such voters' list, not later than five days prior to such election and certify said list to be true and correct and to deliver same to the clerk of the City of Hiawassee, and the said clerk shall certify that same has been altered nor changed since being delivered to him and on the morning of the election to be held in said city deliver such list to the election managers selected to hold such election; and no person whose name does not appear upon said list shall be allowed or permitted to vote in said election unless such voter shall produce a certificate signed by the registrars that his name was omitted from said voters list by accident or mistake. Voters list. Section 18. Be it further enacted, that all persons shall have the right to appeal from the decision of the clerk, refusing any person the right to register; such appeal shall be made to the board of registrars within five days after the registration book shall have been closed prior to any election and said book delivered to said registrars and said board shall determine the eligibility of such person, persons, to vote in such election and the decision of said board shall be final. Appeal from decision of registrars. Section 19. Be it further enacted, that the board of

Page 3531

registrars shall have full authority to purge all registration lists in said town of all illegal voters when said board makes up its list of qualified voters for any election, but said board shall give notice in writing or printing to all persons whom they have reason to suspect have registered illegally or are disqualified for any cause, and give such person an opportunity to be heard upon the question of his eligibility to vote in any election, and such notice shall clearly set forth the time and place of the hearing on such matters, and the name of no registered voter shall be stricken from the voters' list by said board unless such notice is given to such person whose name appears on the registration books, and upon such person, so notified, appearing before said board, as directed, said board shall hear any evidence submitted and determine the eligibility of such voter or voters, and the decision of the board of registrars on such question shall be final. Service of said notice of such person or persons whose name or names appear on said registration book shall be sufficient service. If any such person or persons, so notified, as above provided, fails to appear and offer any evidence as to why his name should not be excluded from said voters' list, the said board of registrars shall proceed to purge said voters' list of the name or names of such persons if they find such person or persons are disqualified to vote in said election for any cause. Purging of list. Section 20. Be it further enacted, that at the first regular meeting of the mayor and councilmen in December, 1956, and annually thereafter, the mayor and councilmen shall elect a town clerk and treasurer; said treasurer to give bond with security in the sum of $1,000.00 for the faithful performance of his duties; a marshal, who may be chief of police, and as many policemen as in the judgment of the mayor and council shall be necessary; a city attorney and such other officers as the mayor and councilmen shall deem necessary in the good government of the city. Each of said officers shall take oaths; perform such duties and give such bonds as the mayor and councilmen may by ordinances prescribe; provided, that all bonds of officers shall be made payable to the

Page 3532

City of Hiawassee. Said mayor and councilmen shall have the power and authority to suspend and remove said officers in their discretion; and it shall be the duty of the mayor and councilmen to fix the salaries, or compensation, of said mayor and councilmen and all other officers, agents and employees of said town, which, when once fixed, shall not be increased during the term of office of the said mayor, councilmen or officers. However, the salary of the mayor of said town shall not exceed the sum of $100.00 per year; the salary or compensation of the councilmen of said town shall not exceed the sum of $50.00 each per year; the salary or compensation of the clerk and treasurer of said city shall not exceed the sum of $500.00 per year; the salary of the marshal or chief of police of said town shall not exceed the sum of $150.00 per month; the salary of all other policemen of said city shall not exceed the sum of $100.00 per month each. All expenditures of the mayor and councilmen for town purposes shall be paid out of the city funds by an order drawn by the city clerk, after the mayor and councilmen have allowed same. The mayor and councilmen may, at any time, employ as many policemen for said city for such length of time as said mayor and councilmen may deem necessary for the safety and protection of the citizens of said city, the salaries of such policemen to be fixed by the mayor and councilmen, as above provided, in accordance with the limitations thereon as fixed by this charter. Clerk, treasurer, marshal, etc. Section 21. Be it further enacted, that the mayor and three councilmen shall constitute a quorum for the transaction of any business before the body; and a majority of the votes cast shall determine question before them; provided, that every question so determined or ordinance passed shall receive no less than three votes. On all questions before the said council the mayor or the mayor pro tem. if he be presiding, shall be entitled to vote only in the case of a tie. The mayor shall have the veto power, and may veto any ordinance or resolution of the councilmen, in which event the same shall not become a law unless subsequently passed over his veto by a vote of at

Page 3533

least four councilmen on an aye and nay vote, duly recorded on the minutes of the city clerk; but unless he shall file in writing with the clerk of said city his veto of any measure passed by that body, with the reasons for withholding his assent within three days from its passage, the same shall become a law just as if signed and approved by said mayor, but he may approve same and the measure go into effect immediately. Meetings of council. Section 22. Be it further enacted, that, at the time of holding the first election for mayor and councilmen hereinbefore provided, and biennially thereafter, there shall be elected a city recorder, whose qualifications shall be the same as provided for mayor. It shall be the duty of the city recorder to hold and preside over a court in said city to be called the Police Court, for trial of all offenders against the laws and ordinances of said city, as often as necessary. In the absence or disqualification of the city recorder, said court shall be presided over by the mayor or mayor pro tem. Said court shall have the power to preserve order, compel the attendance of witnesses, compel the production of books and papers to be used as evidence and punish for contempt. Said recorder, mayor pro tem., shall not have power to try any alleged offender without first having written charges preferred against him or her. Said court shall have the power to punish all violations of the charter or ordinances of the city by a fine not to exceed one hundred dollars, imprisonment in the town prison or the county jail, having previously arranged with the county officers, not to exceed thirty days, or to work the streets in the city workgang, or such other public places as the recorder may direct, not to exceed thirty days; however, the punishment of confinement in the city or county jail and that of a sentence to work on the streets in the city work gang shall not both be inflicted in any one case, and neither the punishment or confinement in the city or county jail, or that of a sentence to work in the city workgang on the streets of said city shall be inflicted except as alternative upon failure or refusal to pay such fine as may be fixed by the recorder, mayor or acting mayor; in addition to

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said above punishment such fines imposed by the recorder, mayor or acting mayor may be collected by execution. Police court. Section 23. Be it further enacted, that the recorder, mayor or mayor pro tem. in case he shall be presiding, shall have the power in said police court, if the offense charged against the prisoner be beyond his jurisdiction to examine into the facts of the case, and commit the offender or offenders to jail or bail them if the offense is bailable, by a justice of the peace under the laws of this State, to appear before the Superior Court of Towns County. Commitments. Section 24. Be it further enacted, that the mayor and councilmen of said town shall have the power to authorize by ordinance the marshal or policemen of said town to summons any or all bystanders to aid in the arrest of any person or persons violating any ordinance of said city, or any laws of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Arrests Section 25. Be it further enacted, that it shall be lawful for the marshal or any policemen of said city to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest or before that time have been suspicioned of violating any ordinance of said city, and is at the time endeavoring to escape, and to hold such person so arrested until a hearing of the matter before the proper officer can be had, and to this end said arresting officers are authorized to imprison and confine said person arrested by them in the city prison or in the jail of Towns County, for a reasonable length of time. It shall be lawful for the marshall or the policemen of said city to arrest without warrant any person or persons who shall be guilty of a violation of any of the laws and ordinances of the City of Hiawassee, which violations take place in the presence of the said marshal or policeman. The marshal and policemen of said city are authorized to the same

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extent as sheriffs of this State to execute warrants placed in their hands charging any person or persons with violating any of the criminal law of this State. The marshall and policemen of this city are also authorized to arrest anywhere within the limits of this State any person or persons charged with violating any of the ordinances of the City of Hiawassee; provided, when the arrest is not made within twenty-four hours after the offense is committed, said marshal and policemen, are not authorized to arrest the offender outside the corporate limits of said town, except in obedience to warrant signed by the mayor, mayor pro tem., or acting mayor. The city marshal or any policeman may take bonds for the appearance of any person arrested by them, for appearance before the police court for trial, and all such bonds may be forfeited as hereinafter provided for forfeitures of appearance bonds by the mayor or mayor pro tem. Arrests Section 26. Be it further enacted that the mayor and councilmen of the said City of Hiawassee shall have power to organize one or more workgangs, and confine therein persons who have been sentenced by the streets or public works of said city; and shall have power to make rules and regulations that may be suitable or necessary for the care, management or control of said gangs, and to enforce same through its proper officers. Workgangs Section 27. Be it further enacted, that the mayor or the mayor pro tem, when any person or persons are arraigned before the mayor's or police court, charged with a violation of any of the ordinances, resolutions, regulations or rules of said town, may for good cause shown by either side, continue the hearing to such time as the case may be adjourned to, and the accused shall be required to give bond and security for his appearance at the appointed time for trial, or be imprisoned to await trial. If such bond be given, the bond may be forfeited by the mayor or mayor pro tem., and an execution issued thereon by serving the defendant, it any to be found, and his sureties with a rule nisi, at least two days before the hearing of the said rule nisi. The mayor, mayor pro tem.,

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or acting mayor shall also have power and authority to accept cash in lieu of bond and security for appearance of offenders for trial, and if such offender shall fail to appear at the time and place fixed for said trial, the cash so deposited shall be by order of the officer presiding declared forfeited to the City of Hiawassee. Appearance bond. Section 28. Be it further enacted that any person convicted before the mayor, or other presiding officer of the police court, may enter an appeal from the judgment of said court to the board of councilmen; provided, the appeal be entered within two days after the judgement complained of is pronounced; and provided further, defendant gives bond to abide the final judgement of the case, which bond must be approved by the clerk or marshal. The said councilmen shall as early as practicable thereafter, hear and determine said case so appealed, and shall investigate the case as fully as if the same had never been tried; and is de novo. They shall have the power, if they find the defendant guilty to decrease the fine imposed by the mayor and may increase it in their discretion. Any person convicted by the councilmen on the appeal shall have right to certiorari to the Superior Court of Towns County, provided all costs are first paid and bond and security given in double the amount of the fine imposed, to answer the final judgment rendered in the case; and provided, further, nothing, in this section shall prevent the defendant who desires to appeal his case as above provided, or to certiorari the same to the superior court, and provided further, the applicant failing to give bond and security may, in the discretion of the mayor, be placed in the city prison or county jail to wait the final judgement of the appeal above mentioned. Nothing in this section shall be construed to prevent any person convicted of a violation of any ordinance of said city before the mayor's or police court, from certioraring the proceedings directly to the superior court. Appeal from police court. Certiorari Section 29. Be it further enacted, that all persons owning property in the City of Hiawassee shall be required to make a return under oath, annually, to the

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board of tax assessors of said city, of all their property, real and personal, subject to taxation by said city, as of April first of each year; and the books for recording same shall be open on April 1st and close on June first of each year. Said property shall be returned by the property owner on blanks furnished for that purpose, at the fair market value thereof. Tax returns Section 30. Be it further enacted, that the mayor and councilmen of said city, within a reasonable time after the approval of this Act, and annually thereafter, on or before the first regular meeting in March, shall elect three upright freeholders residing in said city, who shall be citizens and qualified voters of said city, said freeholders owning real estate in said city, as a board of tax assessors of said city. The mayor and councilmen shall fix the per diem compensation of said tax assessors which shall not exceed the sum of three dollars per day for each tax assessor for each day actually spent in the performance of the duty of such assessor. Vacancies on said board may be filled by the mayor and councilmen as they occur during the year. Before entering upon the discharge of their duties, each assessor shall be sworn to faithfully and impartially perform the duties of said office. It shall be the duty of said assessors to assess the value of all real estate and personal property subject to taxation by said city, at its fair market value; and it shall be their duty to examine the tax returns made to them by property owners, and to increase the valuation of any real estate or personal property when in their judgment the value placed thereon in any return is too small. If any person or corporation fails or refuses to make return of any of his, her or its real estate or personal property, as hereinafter required by the first day of June in any year, said tax assessors shall assess such property of the person, firm or corporation failing to make such return at double the fair market value thereof. Said board of tax assessors shall make a return of their work within 30 days after the close of the books for receiving returns, unless additional time is granted by the mayor and councilmen; when their return is made

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said assessors shall appoint a time and place for the hearing of objections to their assessments, and they shall cause notice to be given to all persons whose property valuation has been raised or doubled taxes assessed against their property five days before said hearing, stating the time and place of hearing and the increase so made by said board. Residents of said city shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of such notice five days before said hearing to a non-resident taxpayer, with postage prepaid to his last known address shall constitute legal notice to him. Assessments. Section 31. Be it further enacted, that any person dissatisfied with the assessments made on any of his property under the provisions of this Act shall have the right to appeal from the same to the mayor and councilmen of said city. Provided, said appeal to be filed in writing with the clerk of said city within five days after the hearing before said assessors, setting forth distinctly the items of property whose valuation has been raised, the amount of which same has been assessed, and the fair market value as contended for by the appellant; said appeal shall be heard by said mayor and councilmen at their next regular meeting unless continued for cause, and their decisions shall be final. The mayor and councilmen of said city shall have the power and authority, after notice and opportunity for him to be heard, to raise the valuation of any property, real or personal, of any tax assessor, if in their opinion it is returned and assessed below its fair market value. Appeal from assessments. Section 32. Be it further enacted, that the mayor and councilmen shall have power to provide for the collection of taxes on property subject thereto which is not returned and not shown on the digest of the tax assessors; and to make such additional regulations as they deem necessary to secure the payment of taxes on all property subject thereto. Property not returned. Section 33. Be it further enacted, that the mayor and

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councilmen of said city shall have power and authority to provide by ordinance when the taxes of said city shall fall due, and tax executions shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. All tax executions shall be signed by the clerk and bear teste in the name of the mayor of said city; and the marshal or other police officer of said city, the sheriff, deputy sheriffs, and constables of said State shall have authority to execute same by levy and sale as hereinafter provided in this charter. Executions. Section 34. Be it further enacted, that for the purpose of raising revenue for the support and maintenance of the government of said City of Hiawassee and for the ordinary current expenses thereof, the mayor and council shall have full power and authority for the assessment, levy and collection of an ad valorem tax on all real and personal property, including money, notes and, bonds, and other evidences of debt, money used in banking and every other species of property in said city owned or held therein, of not exceeding one dollar on the hundred worth of taxable property, exclusive of the taxes for public schools as now authorized by law; and for the purpose of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued, or that may issue hereafter, by said town authorities and to provide a fund for the payment of the annual interest on said bonds greater ad valorem tax may be levied and collected. Said mayor and councilmen shall have power and authority to provide by ordinance for the returns of all taxable property in said city, in accordance with the provisions of this charter, and to provide penalties for neglect or refusal to comply with the same. Provided, however, that the said mayor and councilmen may provide for the retirement and liquidation of any bonded indebtedness of said city, both principal and interest, annually by the assessment, levy and collection of a sufficient amount of money to retire and liquidate said bonded indebtedness as said principal and interest may become due and payable annually, this method to be used in lieu of a sinking fund, if said mayor and council so desire. Tax rates

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Section 35. Be it further enacted, that the mayor and council of the City of Hiawassee shall have full control over the streets, sidewalks, alleys and lanes of said city, and shall have full power and authority to regulate, widen, change, lay out, close, vacate, direct and control the streets, sidewalks, lanes, alleys, squares and lands of the City of Hiawassee, and the grading of the same; to open any streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Hiawassee without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said mayor and council of the City of Hiawassee shall have full power and authority to remove or cause to be removed any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public squares of said city. Upon failure of the person or persons placing walks, avenues or public squares and lands of the City of Hiawassee, and the grading of the same; to open up any streets and alleys and to have full power and authority to condemn property for such purposes; provided, however, that no private property shall be taken by the City of Hiawassee without the compensation being made, the method of procedure for the condemnation of property being the same as provided for in the laws of Georgia in condemnation proceedings. Said mayor and council of the City of Hiawassee shall have full power and authority to remove or cause to be removed any buildings, posts, steps, fences, or any other obstructions or nuisances in the public streets, lanes, alleys, sidewalks, or public square of said city. Upon failure of the person or persons placing walks, avenues or public squares, or the abutting property owner, and execution may be issued therefor in such manner as may be prescribed by ordinances. Said mayor and council of the City of Hiawassee shall have power and authority to regulate (except as such power may be restricted by an existing general law) the use of the streets, sidewalks and public grounds for sign posts, awning telegraph,

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telephone poles, racks and for carrying banners, hand bills and placards on the streets and sidewalks and public places of said city; and where any telephone, telegraph, power or electric poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, also to comply any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove same to any reasonable location designated by the mayor and councilmen, and in case said telegraph, telephone, power or electric shall fail to remove same within thirty days after having been fully notified to do so, said city shall have the right to remove same at the expense of said company, and collect the cost of such removal from such company by execution. Streets, sidewalks, etc. Section 36. Be it further enacted, that the City of Hiawassee is authorized to own and operate a system of waterworks for supplying water for all purposes to all persons resident in said city, and to other persons as may be provided by ordinance. The mayor and councilmen shall have full power to make all rules and regulations for the management and operation of said water plant and to fix from time to time the rates charged for water with the right to classify said rates. Said mayor and councilmen shall have the power to enforce payment for water and shall have the right to require reasonable deposits as well as the power to discontinue service until all amounts due by the consumers whose service is discontinued and until such consumer shall have paid the penalty prescribed. Waterworks. Section 37. Be it further enacted, that said City of Hiawassee shall also have power and authority to own, operate, and control and regulate for the best interest of the said city any other public utility, whether the same be electric light and power system, gas system, or any other public utility of whatever kind or nature, and said city shall have full power and authority to condemn private property for such purposes, in accordance with the laws of this State, and to do all other things and acts

Page 3542

necessary for the establishment and operation of such a system and public utilities, and to pass any and all ordinances necessary for the establishment, operation, regulation and control of such system and public utilities. Other utilities. Section 38. Be it further enacted, that the mayor and councilmen of said city shall have the right and authority to provide for the inspection of steam boilers, to regulate and prevent the storage of gunpowder, tar, pitch, rosin, coal, benzine, naptha, nitroglycerine, turpentine, cotton, petroleum, kerosene, oil, gasoline, dynamite, or other combustible or explosive material or substances within the limits of said city; and to regulate the use of lights in shops and stables and other places or building bonfires; to regulate or prevent the sale and use of fireworks, firecrackers, torpedoes, sky rockets, roman candles, firing of guns, pistols, anvils and every other kind of gaming or hunting within the corporate limits of said city. Explosives, etc. Section 39. Be it further enacted, that said mayor and councilmen shall have full power and authority to require any person or firm, company or corporation, whether non-resident in said city who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said city if not in conflict with the laws of this State, by themselves or by their agents, to register their names, calling, trade, vocation, business or profession annually, and to require said person, firm, company or corporation to pay for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinances for the punishment of all persons, firms, companies, or corporations required by ordinances to pay said taxes, or take out said license for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or take out said license, or who fails to comply in full with all requirements of said ordinance made in reference thereto. Registration and license of businesses. Section 40. Be it further enacted, that said mayor

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and councilmen shall have full power and authority to license billiard tables, pool tables, ten-pins, and all tables kept and used for the purpose of playing gaming, or renting of ten-pin alleys, nine-pin alleys of any kind which are kept for the purpose of playing on, or for the purpose of running the same, all tables, devices, stands, music boxes, or places for the performance of any game of play, whether played with sticks, balls, or rings, or other contrivances, and to charge for said license such sum as they may by ordinance prescribe. Amusements. Section 41. Be it further enacted, that said mayor and councilmen shall have full power and authority to assess taxes on all persons carrying on a brokerage business in addition to other taxes they may have paid. They shall have the power to license brokers in said city, define by ordinance their powers and privileges, revoke their license, impose taxes and exercise such superintendance as will insure fair dealing between them and their customers. Brokers. Section 42. Be it further enacted, that the mayor and councilmen of said city shall have full power and authority to license, regulate and control all markets in said city, all taverns, hotels, boarding houses, cafes, restaurants, saloons for the sale of creams, ices and such articles, all barber shops and beauty shops, all oil-mills, ice works, laundries, waterworks, all opera houses, theatres, picture shows, drays, hacks, taxis, wagons, automobiles used for hauling of any kind, and vehicles used for hire, auctioneers, itinerant dealer, immigrant agents, all fire or life insurance companies doing business in said city, traders of all kinds, itinerant dealers in merchandise, itinerant dealers in jewelry and medicine except such as are exempted by the laws of this State. Also any person running a flying-jinny, flying-horse, merry-go-round, bicycle or skating rink and all circuses, side shows and all other shows or performance exhibiting in said city, and all persons, firms, companies or corporations, selling goods, wares and merchandise by sample advertisement or retail, or by wholesale, and all other businesses,

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callings or vocations which under the Constitution and laws of this State are not exempt from licenses. Public establishments, etc. Section 43. Be it further enacted, that at the first regular meeting of the mayor and councilmen in each year, said mayor and councilmen shall pass and adopt, as herebefore provided, a tax or license ordinance fixing a license for each of the businesses, occupations or professions, trades or vocations, which under the laws of this State are subject to municipal license, and fixing the amount of such tax or license, and may issue fi. fa. against the person subject to such license, which fi. fa. shall become and constitute a lien on all property liable for such license and shall have the same rank and be enforceable in the same manner as town ad valorem tax fi. fas. Any person, firm or corporation who shall commence, begin or engage in any business, occupation, profession, calling or vocation for which a license is required by the City of Hiawassee, without having first procured such license and complied with all other requirements of said City of Hiawassee, relative thereto, shall be guilty of a violation of the city ordinance provided for such license or tax and, upon conviction thereof, in the police court of said city, shall be punished as provided in this Act, and each day that such person, firm or corporation shall prosecute, carry on or engage in any such business, profession, trade or calling without having first produced said required license shall be a separate and distinct violation of said license ordinance; and the prosecution under this section shall not be a bar to the issuance by said city of fi. fas. against said person, firm or corporation, and the levy and sale of property belonging to such person, firm or corporation, thereunder, but may be in addition to the methods herein provided for collecting such tax or license. If any person, firm or corporation shall commence, begin or engage in any business, within the City of Hiawassee, requiring a license, prior to May first of any year, the mayor and councilmen shall add the sum of twenty per cent (20%) of the total amount of such license to such license fee, as a penalty for failure to procure same before May first; and if any person,

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firm or corporation shall after May first of any year, commence, begin or engage in any business, within the City of Hiawassee, requiring a license and shall operate same for a period of thirty days without such license, the mayor and council shall then add the twenty percent (20%) penalty above provided. The mayor and councilmen shall have full power and authority to provide by ordinance, for the classification by the different classes of business, and all other rules and regulations necessary and proper in the premises. Business licenses. Section 44. Be it enacted that the mayor and councilmen of said city may revoke the license of, and prohibit the operation of, any business or establishment for which a license may have been issued, in the event the same becomes a nuisance or is dangerous, hazardous or injurious to the health or morals of the inhabitants of said City of Hiawassee, and in case of such license shall be refunded. But no license shall be revoked without giving written notice to the person, firm or corporation holding such license, such notice stating the reasons why such license is being revoked, and affording such person, firm or corporation an opportunity to be heard on the question before said mayor and councilmen, the said notice setting forth the time and place of the hearing on the revocation of such license. At said hearing the person holding said license, or the firm or corporation holding same, may submit to the mayor and council whatever evidence he may desire touching upon the question of revocation of such license. The decision of the mayor and councilmen of said city, revoking any such license shall be final. Revocation of licenses. Section 45. Be it further enacted, that the mayor and councilmen of said city shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, dogs, goats and all other animals or fowls from running at large in said city, and to prevent and prohibit the keeping of hogs and goats within the city limits, or to regulate the manner in which they must be kept if allowed to remain. Also to impound such animal, or animals

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when found upon the streets of said city, and to charge such fees for same as they may prescribe, and in addition thereto charge for the keep of such animal or animals so impounded. Also when the owner or owners of such animal or animals so impounded, shall fail or refuse to pay the impounding fee and cost of keeping said animal or animals, said animal or animals may be sold at public outcry and the proceeds applied to the payment of said fee and cost of keeping said animal or animals under such rules and regulations as may be prescribed by the mayor and councilmen. Animals. Section 46. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to condemn property for the purpose of laying out new streets and alleys and for widening, straightening and grading or in any way change the street lines and sidewalks of the city and when the power and authority granted by this section is exercised by the mayor and councilmen, it may be done, whether the land to be condemned is in the hands of an owner, trustee, administrator, guardian or agent in the manner provided by Sections 36-301 to 36-307, inclusive of the Code of Georgia of 1933, and the Acts amendatory thereof. The mayor and councilmen shall have full power and authority to remove or to cause to be removed any building, steps, fence, gate, post or other obstruction or nuisance in the public streets, lands, alleys, sidewalks, or other public places in said city, and to enforce the provisions of this section by appropriate ordinances. Eminent domain. Section 47. Be it further enacted, that the City of Hiawassee, by and through its mayor and council, is hereby authorized and empowered to establish and change the grade of any street, sidewalk, avenue, alley, lane or other public place in said City of Hiawassee, and to improve any street, sidewalk, avenue, alley, lane or other public place or, any portion thereof, in said city, as hereinafter provided, by paving, repaving, curbing, guttering, macadamizing and draining the same, and with such other form of improvement as to them may seem proper,

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including the installation of manholes, catch-basins and drainage pipes, and to assess the cost of the same in the manner and proportions hereinafter set forth. Grading, paving, etc. Section 48. Be it further enacted, that one-half of the total cost of grading, paving, repaving, or improving a sidewalk or any portion thereof in said city shall be assessed against the owners of the property abutting on the said sidewalk or portion thereof so paved, repaved, improved or reimproved, and the other one-half of such cost shall be paid by the said city; provided, however, that when said sidewalks in said city shall be paved, repaved, improved, or reimproved along any street, avenue, alley, lane or other public place which is unpaved the curbing of such sidewalk, when it is necessary to use curbing, shall be deemed and considered as a part of such sidewalk and the cost of the same shall be assessed against the abutting property on the basis provided for in this section. All corners of sidewalks in said city and the curbing thereon, shall for the purpose of assessment, be deemed considered as abutting on corner lots or tracts. Costs thereof. Section 49. Be it further enacted, that two-thirds of the total cost of grading, paving, repaving or otherwise improving any street, avenue, alley, lane or other public place, or any portion thereof, shall be assessed against the owners of the property abutting on each side of the street, avenue, alley, lane or other public place, or portion thereof so paved, repaved, improved, or reimproved, the other one-third, of such cost to be paid by said city, provided, however, that when any street, avenue, alley, lane or other public place in said city shall be paved, repaved, or otherwise improved, the curbing shall be deemed and considered as a part of such paving, repaving, improving and reimproving and shall be assessed accordingly against the owners of abutting property as provided for in this section. All necessary drains, manholes, catch-basins, drain pipes, including storm, water drainage and culverts, together with such engineering, surveying and grading as it may be necessary to do in or upon any streets, sidewalks, avenues, lanes, alleys, or

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other public places shall be considered as a part of such paving or improving and the cost of the same, together with any and all other necessary expense incurred thereby, shall be deemed and considered as a part of the total cost of such paving or the improving and shall be assessed accordingly against the owners of abutting property as providing for in this Act; provided, however, that the cost of the paving or improving of a street intersection shall not be assessed against abutting property owners but shall be paid by said city. Pro rata assessments of costs. Section 50. Be it further enacted, that said mayor and council of said City of Hiawassee shall have the power to enact all ordinances and to establish all such rules and regulations as may be necessary to require the owners of all property subject to assessment to cause to be put in, renewed, replaced, changed, altered or constructed, all water, gas or sewer pipes in and underneath the sidewalks, streets, avenues, lanes and alleys and other public places where such public improvements are to be made and all costs and expenses for making such connections and renewals or replacements shall be considered as a part of the expense of paving said streets, sidewalks, avenues, lanes, alleys and other public places, and shall be included and make a part of the general assessment to cover the cost of such improvement and shall be taxes against the owners of such abutting property. Pipe connections Section 51. Be it further enacted, that the assessment against each owner of abutting property under the provisions of this Act shall be pro-rated and the total amount of same shall be determined by computing the frontage of such owner together with the width of such pavement or improvement on the streets, sidewalks, alleys, lanes, avenues or other public places, directly in front of such owner of abutting property so paved, repaved, improved or reimproved. Sidewalks. Section 52. Be it further enacted, that said City of Hiawassee by and through its mayor and council, may grade, pave, repave, improve or reimprove, widen,

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change or extend any of the sidewalks of said city including necessary curbing, drainage or guttering, whenever in its judgment the public convenience and welfare may require such improvements, and said mayor and the council may by ordinance provide for such improvements without a petition being first filed therefor as is required by this Act for the paving of streets, alleys, or other public places: It shall not be necessary, unless the mayor and council should so desire, to advertise as is provided in this Act, for bids on sidewalks to be constructed, paved, repaved, improved, and reimproved in said city, where the said sidewalk is to be constructed along any unpaved streets, avenues or alleys, but said city may cause the said work to be done on such sidewalks in any manner it may designate by ordinance without the letting of contracts therefor as is required by the provisions of this Act where a street abutting thereon is to be paved also, and the provisions of this Act as to assessments, and collections of same and the lien therefor shall apply as to such sidewalks so paved or improved. Where a sidewalk is to be paved, repaved, improved or reimproved in connection with the paving, repaving, improving, reimproving of an abutting street, however, bids shall be received therefor and contract let as is provided in this Act for paving of streets. Section 53. Be it further enacted, that no street, avenue, alley, lane, or other public place in any city shall be repaved, or improved until the passage of an ordinance authorizing the same, and no such ordinance shall be passed unless said mayor and council shall have first been petitioned in writing to pave, repave or otherwise improve the same by a majority of the persons, companies or corporations (or the owner or owners of a majority of the major portions of the front footage of abutting property) subject to assessment as provided in this Act for the cost of paving, repaving or otherwise improving the street, avenue, alley, lane or other public place, or portion thereof, proposed to be paved, repaved or otherwise improved. Petition for improvements. Section 54. Be it further enacted, that in determining

Page 3550

the number of petitioners for any of the improvements under this Act each company or corporation shall be counted as one person and a majority in the interest of owner's undivided interest shall be counted as one person, provided, that in any case where the improvements are petitioned for the owner or owners of a majority of the front footage of abutting property such owner or owners shall be counted as a majority of the persons, companies or corporations subject to assessment for the improvement petitioned for. Same. Section 55. Be it further enacted, that the ordinance authorizing the paving, repaving, improving, or reimproving of any street, avenue, alley, lane, public place or sidewalk under provisions of this Act shall contain such information as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made; and pending the consideration for such ordinance an advertisement shall be inserted at least one time in the newspaper in said city which has a general circulation therein in which the advertisements for sheriff's sales in Towns County are published before the final passage of such ordinance, such advertisement giving notice of the introduction of such ordinance, the sidewalks, streets, avenues, alleys, lanes, public places, or portions thereof to be paved, repaved or improved, and it shall state that the property owners or others interested are notified to appear at a meeting of said mayor and council to be held at the time stated in said advertisement and make any objections that they may desire to urge against the passage of such ordinances. Said meeting may be held at the time for the regular monthly meeting of said mayor and council or at any time they may designate. Any number of streets, sidewalks, avenues, alleys, lanes or other public places, or parts thereof may be included in one ordinance, but any protest or objection shall be made as to each street, sidewalk, avenue, alley, lane, or other public place, or parts thereof, and each shall be treated and considered as a separate and distinct project. At the time named in said advertisement in any property owner

Page 3551

or other person desires to make objection to the passage of such ordinance full opportunity shall be given at such meeting, and after hearing objections, if any are made, to the passage of such ordinance said mayor and council shall have the right to order such paving, repaving, or other improvements to be made, or they may decline to pass said ordinance. After the passage of such ordinance any person, company or corporation subject to assessment for the cost of such improvement who does not within ten days therefrom begin legal proceedings to prevent said assessment from being made shall be conclusively presumed to have accepted the terms of said ordinance, and shall have agreed that the assessment herein provided for may be made, and shall have also agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council, and said ordinance shall have been held by the courts of this State to be conclusively valid and binding as against all such persons, companies and corporations subject to assessment as provided for in this Act. At any time after the passage of such ordinance that the mayor and council shall deem best they shall cause said improvements to be made. Plans and specifications. Meeting. Ordinance covering improvements. Section 56. Be it further enacted, that said mayor and council may by ordinance provide such reasonable terms and conditions as they shall deem proper to impose with reference to the letting of the contracts and the provisions thereof; and the said mayor and council shall by ordinance provide that the contracts shall execute to the City of Hiawassee a good and sufficient bond, in an amount to be stated in such ordinance, conditioned for the full and faithful performance of the work and the performance of the contract and for the protection of said City of Hiawassee and all property owners interested against any loss or damage by reason of the negligence of improper execution of the work; and may require a bond in an amount to be stated in such ordinance equal to at least twenty-five per cent of the total cost of paving for maintenance and good condition of such improvement for the period of not less than five years from the time of

Page 3552

its completion or both, in the discretion of the said mayor and council. Said ordinance shall also direct the mayor and clerk of said city to advertise for sealed proposals for furnishing materials and performing the work necessary in making such improvements. The notices shall be in such form as they may deem best, but shall state what, if any, bonds will be required to be executed by the contractor aforesaid, and shall state the time when, the place where the sealed proposals shall be filed and when and where the same will be considered by the mayor and council. Said notice shall be published once a week for two consecutive weeks in some weekly newspaper of general circulation in said City of Hiawassee. The right is hereby expressly granted to the City of Hiawassee to call for bids on different kinds of pavement at the same time, for the doing of the work with as many different kinds of pavement as they may stipulate. At the time and place specified in such notice the mayor and council shall examine all bids received, and without unnecessary delay award the contract to the lowest and best bidder for the kind of improvement and materials with which they decide the streets, sidewalks and other places shall be improved and who will perform the work and furnish the materials which may be selected, perform all the conditions imposed by the said mayor and council as prescribed in such ordinance and notice for proposals. The said mayor and council shall have the right to reject any and all bids and readvertise for other bids when any such bid is not in its judgment satisfactory. Contracts for improvements. Section 57. Be it further enacted, that as soon as the said contract is let, and cost of such improvement (which shall also include all other expenses incurred by the city incident to said improvements, in addition to the contract price for work and materials) is ascertained the said mayor and council shall by ordinance direct their consulting engineer, or if they so desire, may appoint a committee to appraise and apportion the cost and expenses of the same to the several tracts or land abutting on the said improvements as hereinbefore provided. Within fifteen days from the passage of such ordinance said engineer,

Page 3553

or committee, shall file with the clerk of said city a written report of the appraisal and apportionment of such expense and cost, on the basis herein provided, to the several lots and tracts of land abutting on the said street, sidewalk, alley, avenue, lane, or other public place so improved. When said report shall have been returned and filed and the said mayor and council for said city shall appoint a time for holding of a session of council or shall designate a regular meeting of council for the hearing of any complaints or objections that may be made concerning the said appraisal and apportionment as to any such lots or tracts of land abutting on said improvement, and notice of such session for the said hearing shall be published by the said clerk of said city in one issue of some weekly or daily newspaper having general circulation in the City of Hiawassee and said notice shall provide for inspection of such returns by any property owner or other party interested in such return. The time fixed for said hearing shall not be less than five nor more than fifteen days from the date of the publication of the said notice. The said mayor and council at said session shall have power to review and correct said appraisal and apportionment and to hear objections to the same and to confirm the same either as made by said engineer or committee or as corrected said mayor and council. The said mayor and council shall thereupon assert a lien upon each portion of the property abutting on such paving, repaving or improvement for the amount of the assessment against the owner thereof to date back to the approval of the original ordinance providing for such paving and declare the same as of the date said original ordinance was passed. Such special assessment and interest thereon are hereby declared to be a lien against the lots and tracts of land so assessed from the date of the original ordinance providing for such paving co-equal with the lien of other taxes and prior and superior to all other liens against such lots or tracts and such liens shall continue until such assessment and interest thereon shall be fully paid. Provided, that each and every separate lot or tract shall bear alone its proportionate percentage of the assessment and no lien shall attach to

Page 3554

any lots or tracts for the assessment against any other abutting owner. Assessments Hearing. Section 58. Be it further enacted, that after the adoption of the ordinance provided for in section Fifty-Seven of this Act a written statement shall be furnishd by the Clerk of the said City of Hiawassee to each abutting owner, person, or corporation subject to be assessed as herein provided for, showing her, his or its pro rata part of such assessment and it shall be the duty of such person, company or corporation so notified to pay the said clerk within thirty days after the receipt of such statement the entire amount of the assessment against such person, firm or corporation. The notice of assessments herein provided for shall be served personally upon each of said property owners and upon agent of such company or corporation residing within the limits of said city, or by leaving said notice at the most notorious place of abode of such persons or agent, and where such owners or agent is a nonresident of said city it will be sufficient service if said notice of statement be mailed to said property owner or agent at the last post office address of said owner or agent known to said clerk. In the event such owner or agent is not known it will be sufficient to serve said notice upon any person in possession of the property against which such assessment is made. Service of such notice or statements may be made either by the clerk or by the marshal of said city. Statement of assessments. Section 59. Be it further enacted, that if any person or persons, company or corporation shall fail or refuse to pay to the clerk of said City of Hiawassee his, her or its assessment as required by this Act, at the expiration of thirty days after the service of a statement as provided in the preceding section, said clerk will be authorized to issue executions hearing teste in the name of the mayor and council of said city and specifying the improvements for which it is issued against the owner and also the property of such owner abutting on the sidewalks, street, avenues, alleys, lanes or other public places, or portion thereof so paved or improved, which execution shall be

Page 3555

a lien against such property from the date of the ordinance authorizing such improvement and bearing interest at the rate of seven percent per annum from the date on which it was issued until paid. Said execution when issued shall be delivered to the marshal of said city who shall levy the same upon the abutting real estate liable for such assessment and previously assessed for such improvements, and also after advertisement and other proceedings as in cases of sales or city taxes the same shall be sold at public outery to the highest bidder; and such sale shall vest an absolute title in the purchaser subject to the right of redemption by the owner as is prescribed by the Code of Georgia of 1933 having authority to execute deeds to the purchaser when the property is sold and payment therefor is made, and to put the purchaser in possession thereof. At any such sale, the said City of Hiawassee shall have the right to purchase any lands so sold as prescribed by the Code of Georgia of 1933 and Acts amendatory thereof. Executions on assessments. Section 60. Be it further enacted, that the marshal of said city when so ordered by said mayor and council shall be authorized to transfer and assign any executions issued under the provisions of this Act and thereby vest the purchaser or the transferee with the same rights as to enforcing said execution and priority of payment as might have been exercised or claimed by said city before said transfer, and the town shall allow the use of its machinery of government for the collection of said executions. Same. Section 61. Be it further enacted, that the passage of the ordinance for paving, repaving, or otherwise improving the streets, sidewalks, alleys, lanes, or other public places, or parts thereof, in said city, together with the ordinance assessing the cost of the same and asserting a lien against the property abutting thereon shall, when properly entered on the minutes of the council, be notice of such lien from the date of the approval of such ordinance for such paving as full and complete as if the same were in the shape of an execution and entered on

Page 3556

the docket of the Clerk of the Superior Court of Towns County, Georgia, under the general registration laws of this State. Notice of assessment liens. Section 62. Be it further enacted, that any defendant in any such executions or owner of property against which the same is issued shall have the right to file an affidavit of illegality upon the ground that the same has issued (or is proceeding illegally, as provided by statute in cases of other executions, stating what amount, if any, is admitted to be due which amount so admitted must be paid before said affidavit shall be received and said affidavit shall be received for the balance) provided, that any such defendant who has not within ten days after the passage of the ordinance authorizing such improvement begun legal proceedings to prevent the assessment for the cost thereof shall be presumed to have accepted the terms of said ordinance and agreed that the assessment be made and shall also have agreed that all preliminary requirements for the passage of said ordinance have been fully complied with by said mayor and council; otherwise the law relating to illegalities shall apply as in other cases. When the marshal shall receive said affidavit of illegality as herein provided for, he shall return the same to the Clerk of the Superior Court of Towns County, Georgia, where it shall be tried at the first term of the court under the statute of this State that is applicable to the trial of illegalities and subject to the penalties provided by statute where affidavits of illegality are filed for delay. Either party to such affidavit of illegality shall have the right to appeal to the Supreme Court as in cases of illegalities originating from executions issued by the superior courts in this State. In the event any special assessment shall be found to be invalid insufficient, in whole or in part, for any reason whatsoever, the mayor and council may at any time in the manner provided for by the levying of an original assessment proceed to cause a new assessment to be made and levied which shall have like force and effect as an original assessment. Affidavits of illegality. Section 63. Be it further enacted, that whenever the

Page 3557

abutting landowners of any street, avenue, alley, lane or other public place petition to have same improved as provided in this Act, and where the State, or any of its political subdivisions thereof, is the owner of property on any of the streets, the frontage so owned is to be counted as if owned by an individual, and shall be likewise treated for the purpose of assessment, and where the State is the owner of the property the Governor is authorized to sign the petition provided for in this county is the owner the commissioner of roads and revenue of said Towns County, is authorized to on behalf of the county, and where the City of Hiawassee is the owner the mayor of said town is authorized to sign for and in behalf of the said City. Section 64. Be it further enacted, that the mayor and council of the City of Hiawassee are authorized and empowered to call elections by the qualified voters of the said city, in accordance with the provisions of the laws of Georgia, at such time or times as said mayor and council may designate, to determine whether or not bonds shall be issued by said city for the purpose of providing funds to pay pro rata part, as designated in this Act, of the expense of paving, repaving, improving or reimproving any or all of the sidewalks, streets, alleys, avenues, lanes or other public places, or any portion thereof, in said city, for which said city would be liable under the provisions of this Act, and for the purpose of providing funds for the paving or improving of street intersections and for the payment of the assessments against said city as provided for in this Act for which the city would be liable by reason of being the owner of land abutting upon any of the streets or sidewalks paved or improved under the provisions of this Act, and for the purpose of providing funds for any other expense for which the said city would be liable, either in whole or in part, by reason of such paving or improving. Said bonds are to be issued under the general laws of the State of Georgia with reference to the issuance of bonds by municipalities and said mayor and council are authorized, empowered and required to levy and collect a tax annually, in addition to

Page 3558

all other taxes authorized by law, upon the taxable property of said city, a sufficient tax and sum to meet, pay off and retire any such bonded indebtedness that may be incurred under the terms of this Act, according to the manner of the issuance of said bonds, and according to the terms, stipulations and tenor of said bonds, providing the sum raised for this purpose shall be used for no other purpose whatever. Bonds Section 65. Be it further enacted, that if said mayor and council should deem it fitting and proper, they may provide in said assessment ordinance for street improvements that said assessments against the different tracts of land so assessed for the paving, repaving or otherwise improving of the streets, alleys, lanes, and public places upon which such property abuts may be paid in ten equal installments, which shall bear interest at the rate of seven percent per annum until paid. Installment payment of assessments. Section 66. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, alleys, lanes or other public places so improved or reimproved shall be paid in ten equal installments, the first installment of said assessments, together with interest to that upon the whole, shall be due and payable on the first day of September, next succeeding the passage of said ordinance, and one installment with the yearly interest upon the amounts remaining unpaid shall be payable on the first day of September in each succeeding year until all shall be paid; provided, that if such assessing ordinance shall be passed after the first day of August in each year, the first installment of such assessment and interest shall be due and payable on October first of the following year. Said ordinance shall also provide that the owners of property so assessed shall have the privilege of paying the amounts of their respective assessments within thirty days from the date of passage of said assessment ordinance. The owners of the

Page 3559

property so assessed shall be allowed to make payment of their respective assessments without interest, within said period of thirty days, to the treasurer of the City of Hiawassee. Same. Section 67. Be it further enacted, that in the event the said mayor and council deem it fitting and proper and so provide the assessment ordinance for street improvements that the assessment against property abutting on such streets, alleys, avenues, lanes or public places shall be paid in said installments, the said special assessments and each installment thereof, and the interest thereon, are hereby declared to be a lien against the lots and tracts of land so assessed in the same manner and to the same extent as hereinbefore provided in this Act in Section 59, thereof, where provision is made declaring such street improvement assessments to constitute a lien against property so assessed where no provision is made for the payment of such assessments in installments. Lien of installments Section 68. Be it further enacted, that in the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improving of any streets, lanes, alleys, or public places in said city that said assessments against the property abutting on said streets, lanes, alleys, or other public places so improved or reimproved shall be paid in ten equal installments, the said mayor and council are hereby authorized and empowered to provide by resolution, after the expiration of thirty days from the passage of the said assessment ordinance for the issuance of bonds in the aggregate amount of such assessments against said abutting property remaining unpaid, bearing date fifteen days after the passage of the ordinance levying the said assessments, and of such denominations as the said mayor and council may determine, which bond or bonds shall in no event become a liability of the mayor and council or the City of Hiawassee issuing the same. One-tenth in the amount of any such series of bonds, with the interest upon the whole series date, shall be payable on the fifteenth day of October next succeeding year until all shall be

Page 3560

paid. Such bonds shall bear interest at rate not exceed six per cent per annum from their date until maturity, payable annually, and shall be designated as Street Improvement Bonds, and shall on the face thereof recite the street or streets or parts of streets or other public places for the improvement of which they have been issued, and that they are payable solely from assessments which have been levied upon the lots and tracts of land benefited by said improvements under authority of this Act. Said bonds shall be signed by the mayor and attested by the city clerk, and shall have the impression of the corporate seal of such town thereon, and shall have interest coupons attached; and all bonds issued by authority of this section shall be payable at such place, either within or without the State of Georgia, and shall be sold at not less than par, and the proceeds thereof applied to the payment of pro rata share of expenses of such street improvements so assessed against the property abutting on such streets so improved, or such bonds in the amount that shall be necessary for that purpose may be turned over and delivered to the contractor at par value in payment of the amount due him on his contract, insofar as said bonds will apply on such amount so due. Said bonds shall be registered by the clerk of the city in a book to be provided for that purpose, and certificates or registration by said clerk shall be endorsed upon each of said bonds. Street improvement bonds. Section 69. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improvement of any streets, lanes, alleys or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 68 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Hiawassee,

Page 3561

who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of bonds. Payments on assessments. Section 70. Be it further enacted, that, in the event that the mayor and council provide in said assessment ordinance for the paving, repaving or otherwise improvement of any streets, lanes, alley or public places in said town that said assessments against the property abutting on said streets, alleys, lanes, or other public places so improved or reimproved shall be paid in ten equal installments and bonds are issued in accordance therewith, as provided in Section 68 of this Act, the assessments provided for and levied under the provisions of this Act, shall be paid by the persons owning said lots or tracts of land as the several installments become due, together with the interest thereon, to the treasurer of the City of Hiawassee, who shall give the proper receipts for such payments. It shall be the duty of the treasurer to keep an accurate account of all such collections by him made, and such collections shall be kept in special fund to be used and applied for the payment of such bonds and the interest thereon and the expenses incurred thereto, and for no other purposes. It shall be the duty of the clerk of said city not less than thirty days and not more than forty days before the maturity of any installment of such assessment, to publish in one issue of a weekly newspaper having a general circulation in said city, a notice advertising the owner of the property affected by such assessment of the date when such installment and interest will be due, and designating the street, or streets, or other public places for the improvement of which such assessments have been levied, and that unless the same shall be promptly paid proceedings will be taken to collect said installments and interest; and it shall be the duty of said treasurer promptly after the date of the maturity of such installments or assessments and interest and on or before the fifteenth day of October of each year, in case of a default of payment of any such installment or

Page 3562

assessment with interest, to issue an execution against the lot or tracts of land assessed for such improvement, or against the party or persons owning the same, for the amount of such assessment with interest and shall turn over the same to the marshal or chief of police of the City of Hiawassee or his deputy, who shall levy the same upon the real estate liable for such assessment and previously assessed for such improvements; and after advertisement and other proceedings as in the case of sales for city taxes the same shall be sold at public outcry to the highest bidder, and such sales shall vest an absolute title in the purchaser, subject to the lien of the remaining unpaid installments with interest, and also subject to the right of redemption as provided by the laws of Georgia, and affidavits of illegality and other proceedings in said sales shall be the same as hereinbefore provided for the sale of property to satisfy street improvement executions. Executions. Section 71. Be it further enacted, that if the said City of Hiawassee has in its treasury a sufficient amount of money to pay for its pro rata share of the paving, repaving or otherwise improving of any streets, lanes, alleys, avenues or public places in said city, the mayor and council may, by appropriate ordinance, direct the pro rata share of said city for the expense of so improving such streets, avenues, alleys and public places and such expenditure shall be treated and considered as a current expense of the operation of said city, and this may be done without referring the question to the qualified voters of said city and without the necessity of any election to decide such question. City's share. Section 72. Be it further enacted, that nothing herein contained shall be construed to prevent the mayor and councilmen of said city from proceeding under the provisions of Chapter 69-4, Sections 69-401-434, both and all inclusive, of the Code of Georgia 1933, referring to Street Improvement in municipalities having a population of 600 or more, in the event such provisions shall be adopted by said city, after an election duly held, approving the same, in accordance with the provisions of said

Page 3563

Chapter 69-4 and if such election should be held, and if a majority of the qualified voters voting in said election should vote in favor of the adoption of the provisions of said Act, any streets, and sidewalks in said City of Hiawassee may be improved in accordance with the provisions outlined in said Chapter 69-4 and if said Act is approved by such election, then the procedure outlined in the preceding sections of this charter for the improvements of streets shall be completely disregarded, and the provisions of said Chapter 69-4 of the Code of Georgia of 1933, and Acts amendatory thereto, shall be followed exclusively for the improvements of streets and sidewalks in said city. Code provisions. Section 73. Be it further enacted that the mayor and councilmen of said city shall have full power and authority to establish, construct and maintain and operate a system of sewerage and drainage, or parts of such system in said city, and around said city, for health and cleanliness and comfort of its inhabitants; and the said mayor and councilmen shall have entire and absolute control and jurisdiction over all said pipes, private drains and public sewers, private water closets, privies, and the like in said city with full power to prescribe the location, structure, uses and preservation, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health of the inhabitants of said town, with full power also to require changes in or the total discontinuance of any such contrivance or structures already in existence or that may be thereafter allowed. When any system or sewerage or drainage shall be constructed by the said mayor and council, or under their direction, assessments may be made and executions may issue for the expense thereof; under the same rules and governed by the same provisions as assessments and executions for paving, grading or improving streets, under this charter; and said assessments shall be a lien on the property so assessed, as provided in this Act for paving streets. And all the provisions of this charter in reference to making and enforcing assessments in paving streets and the amount thereof shall apply so far as they

Page 3564

are applicable to constructing and maintaining sewers, and may be enforced by the mayor and councilmen by appropriate ordinances. Sewerage and drainage. Section 74. Be it further enacted, that in case any sewer or sewers, or parts of same, shall be located upon or through private property and the owner of said property refuses to grant right-of-way for that purpose, and such owners and the authorities of said city cannot agree upon the damages to be paid for such easements, in damage shall be assessed as in cases of property taken for opening, straightening or widening streets, under this charter. Upon the payment or tender of the amount of the award the work may proceed notwithstanding the entering of an appeal. Easements therefor. Section 75. Be it further enacted, that said mayor and councilmen may provide by ordinance for the execution of the provisions of these sections regarding sewerage, drainage and sanitation, except as to taking of private property for construction of sewers, by such boards, committees or officers as they may deem best. Section 76. Be it further enacted, that for the purpose of preservation of the health of the inhabitants of said city, the mayor and councilmen are empowered to extend their system of sewerage or drainage beyond the limits of said city and the provisions as to the construction and maintenance of such sewerage system and the taking of property therefor shall apply to the territory without the limits of said city as may be necessary for the construction of said system. Systems beyond limits. Section 77. Be it further enacted, that said mayor and councilmen shall have full power and authority to make assessments on the various lots of land and lots owners in said city for sanitary purposes, not to exceed two dollars per annum on each lot so assessed, and said mayor and councilmen are hereby empowered to collect the same by execution against the lots so assessed and the owners thereof; the amounts so assessed shall be a lien on the

Page 3565

lot from the date of assessment. The execution shall be issued and enforced in the same manner that executions are issued and enforced in said city. The amount so collected shall be used for sanitary purposes only. The said mayor and councilmen shall have power to prescribe what shall constitute a lot for sanitary purposes and assessments; provided, no residence lot shall be less than 25 feet front; and no business lot shall be less than 20 feet front; and provided further, the assessments shall not be made on vacant lots nor residence lots subdivided. Sanitation. Section 78. Be it further enacted, that jurisdiction of the mayor and councilmen and the territorial limits of the City of Hiawassee are hereby extended for police and sanitary purposes over all the lands that may hereafter be acquired by said city for waterworks, sewer and electric light purposes and waterworks or other stations and adjacent lands and the pipes and mains of said waterworks system, and they shall have full power and authority to provide by ordinances for the protection of the city waterworks system and the preservation of the purity of the water, and to provide penalties for the violation of said ordinances, and the enforcement of the same. The police officers of said city shall have the authority to arrest any person, or persons, violating said ordinances, wherever found, within or without the limits of said city. The mayor and councilmen of said city shall exercise jurisdiction and police authority over any territory it may own or control without the limits of said city for electric light plant, sewerage or drainage, also, over the territory which may be hereafter acquired for city cemetery purposes and for a distance of two hundred yards in any direction from the boundary thereof, and shall have power and authority to enact such ordinances and rules as they may consider necessary to protect these properties and grounds, as fully and completely as if the same were wholly located in the city limits proper, and the police officers shall have authority to make arrests of persons violating the same, wherever found, within or without the limits of said city. Jurisdiction of systems beyond limits. Section 79. Be it further enacted, that the mayor

Page 3566

and councilmen shall have full power and authority to contract for or to condemn any water rights, land or premises within or without the town for the purpose of establishing and maintaining an electric light plant and water works system, or sewerage system, or any of them; provided, that if the right to condemn herein granted be exercised, all proceedings shall be under the provisions of Sections 36-301 to 36-607, inclusive, of the Code of Georgia of 1933, and Acts amendatory thereof. Eminent domain. Section 80. Be it further enacted, that said mayor and councilmen shall have full and absolute control of all city pipes, sewers, private drains, water closets and the like in said city, with full power to prescribe their location, structure and use, and to make such regulations concerning them in all particulars as may seem best for the preservation of the health and comfort of the inhabitants of said city. The said mayor and councilmen shall have full power and authority to prescribe the kinds of water-closets and urinals to be used in the corporate limits of said city; and shall have power to condemn and compel the disuse of same when they do not conform to the kind prescribed for use by the mayor and councilmen, or whenever they become a nuisance. They shall also have the power and authority to compel the owner to connect water-closets and urinals on the premises of property owners with the sanitary system of the city, when such property is located or near streets where there are such sewers and under such regulations and rules as may be prescribed by the mayor and councilmen, and said property owners who fail to connect any water-closet or urinals on the premises with the sanitary sewers of said city within the time prescribed by said mayor and councilmen, the mayor and councilmen may make such connections and assess the cost of said connections and fixtures and collect the same by execution issued by the city clerk against said real estate, and which execution may be enforced in the manner prescribed in this Act for enforcement of executions in favor of said city. The mayor and councilmen are also empowered and authorized to compel the disuse of any outdoor toilet in the

Page 3567

corporate limits of said city, and to order the owner thereof to remove same, and if owner should fail to remove same after having been given reasonable notice so to do the mayor and councilmen may cause same to be removed and the expense thereof shall be charged to the owner of such toilet, and the clerk of said city is authorized to issue an execution for the expense of such removal, against such owner. Said mayor and councilmen may order the removal and disuse of any such outdoor toilet at any time when, in their judgment, such toilet becomes a nuisance or injurious to the health, comfort, convenience or well-being of the inhabitants of said city. Sanitation Section 81. Be it further enacted, that the mayor and councilmen of said city may by ordinance provide for a board of health, to consist of such number, to hold office such length of time, and to have such powers and duties as the mayor and councilmen may provide. It shall be their duty to meet as often as necessary, or as the mayor and councilmen may prescribe, and to visit every portion of the city, and to report to the mayor and councilmen all nuisances which are likely to endanger the health of the inhabitants thereof; said mayor and councilmen shall have power, upon report of said board of health, to cause such nuisance to be abated, and the recommendation of said board to be carried out in a summary manner at the expense of the party whose acts or negligence caused said nuisance, or the party owning such property upon which said may be located, as the mayor and council may elect, and execution may issue against said property to collect the expense of said removal of said nuisance, which may be collected by the marshal and by levy and sale as other executions are collected. Board of health. Section 82. Be it further enacted, that said mayor and councilmen shall have full power and authority to cause owners of city lots, and cellars, if same should prove a nuisance, or the board of health should recommend that said lots or cellars be filled or drained, to cause the owners to fill or drain said lots, or cellars to the level of the

Page 3568

streets or alleys upon which said lots or cellars are located. That if the owners or occupants of the lots or cellars shall fail or refuse after notice, either to themselves or to their agents, as the mayor and councilmen may elect, to comply with the requirements of said mayor and councilmen by draining or filling said lots or cellars, it shall be lawful for said mayor and councilmen to have this work performed and the amount expended in doint so collected by executions, and the sale under such executions shall pass the title to the property. Filling of lots and cellars. Section 83. Be it further enacted, that said mayor and councilmen, may by ordinance declare what shall be a nuisance in said city and provide for the abatement of the same. The mayor's or police court in said city shall have concurrent jurisdiction with the mayor and councilmen of said city in respect to the trial and abatement of all nuisances in said city. Nuisances. Section 84. Be it further enacted, that the marshal and policemen of said city shall have full power and authority to enter and if necessary to break open and enter any place in said city when the mayor and councilmen may have reasonable cause to believe, or may suspect to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to seize the stock of liquors and apparatus for selling same; and said mayor and councilmen may have full power and authority to abate as a nuisance any place in town when said mayor and councilmen shall have reasonable cause to believe to be a blind tiger, or place where spirituous, vinous, malt or intoxicating liquors are sold, and to arrest the offender or offenders; and upon conviction of a person for maintaining a nuisance, as above stated, and as punishment for same, said mayor and councilmen shall have full power and authority to cause said marshal and policemen of said city to seize and destroy the stock of liquors of said person and the apparatus for selling same, and otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 85. Be it further enacted, that said mayor

Page 3569

and councilmen may enact any and all ordinances, rules and regulations necessary to lay out a fire district in said City of Hiawassee and to enlarge, change or modify its limits from time to time, to prescribe when, how and of what materials buildings in said limits may be erected or covered, how thick the walls must be, manner in which the chimneys, stovepipes and flues shall be constructed, to change all things that may deem necessary to protect said town as far as possible from danger from fire, and to prevent conflagration. They also have the power and authority to order changes in the construction of chimneys, stovepipes, or flues, or the removal thereof, when in their judgment the same is dangerous or likely to become so, and make the owner or occupant of the premises pay the expenses of the same as they elect, which may be collected by execution; and if any person, firm or corporation shall erect any building which is not in accordance with the laws of said city, said mayor and councilmen may order said building removed, and if the person, firm or corporation shall not remove said building after notice to do so, then said mayor and councilmen shall have the power and authority to remove the same at the expense of the owner, which expense may be collected by execution as in other cases provided in this charter. Fire protection. Section 86. Be it further enacted, that said mayor and councilmen shall have power and authority to enact ordinances for the purpose of preventing the spread of any contagious or infectious disease, to declare and maintain quarantine regulations against such diseases, and punish for violation of any quarantine regulations of said city. They shall have the power to build or establish a pest house outside of city limits, and for this purpose they are authorized to buy, hold or receive real estate outside of the town. They shall have the power to compel the removal to the pest house of any person or persons who have smallpox or other contagious diseases when in their judgment it is best for the welfare and health of the town. They shall have power to compel all persons to be vaccinated, whether they be permanent residents or

Page 3570

sojourners, and may provide vaccination points and employ physicians, at the expense of the town to vaccinate all persons who are unable to procure such vaccination, and may provide by ordinance punishment for persons failing to be vaccinated. Health regulations. Section 87. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship and cemeteries in said city, to provide for the burial of the dead, either within or without the city limits, to regulate interments therein, and to expend annually a sufficient sum for keeping cemeteries in proper order. Churches, cemeteries. Section 88. Be it further enacted, that the mayor and councilmen of said city, shall have the power to grant franchises, easements, and right of way over, in, under and on the public streets, lanes, alleys, parks, and other property of said city. Franchises, easements, etc. Section 89. Be it further enacted, that should any person violate any of the ordinances of said city and escape from the jurisdiction thereof, he may be apprehended wherever he may be found, in this State, and the warrant of the mayor or mayor pro tem., or acting mayor of said city shall be sufficient authority for his return and trial upon the charge resting against him, and should any person after trial and conviction of a violation of any ordinance of said city escape, he may be apprehended wherever found in this State, and the warrant of the aforesaid city officers, or either of them, shall be sufficient authority for his arrest and return; and all persons so escaping from the custody of the said city, or its officers may be tried again for such escape, and punished not exceeding the penalties hereinbefore provided. Arrests. Section 90. Be it further enacted that the mayor and councilmen of said city shall be empowered and authorized through a committee, or by themselves in the discretion of said mayor and councilmen, whenever necessary, to examine into the workings of any business of any officer,

Page 3571

or conduct of any officer, and said committee, or mayor and councilmen conducting said examination, shall have power to send for persons and papers, compel the production of books and papers, compel the attendance of persons summoned, swear witnesses, and all disclosures pertinent to such investigation. Investigation of official conduct. Section 91. Be it further enacted, that the mayor and councilmen shall have the power and authority to establish a fee bill for the officers of said city, such fees, when collected, to be paid into the city treasury. Fee bill. Section 92. Be it further enacted that the mayor and councilmen shall provide for a town prison which shall be safe and suitable for the keeping and detention of city prisoners and convicts, and may appoint a custodian for same. They may contract with the proper authorities of Towns County for the use of the common jail of said county for this purpose. Prisoners. Section 93. Be it further enacted, that said mayor and councilmen shall have full power and authority to suppress lewdness and all immoral conduct, gambling and gambling places, and to preserve the sanctity of the Sabbath Day, and this end may enact such ordinances and provide such penalties as they think advisable to carry out the granted in this section. Immoral conduct. Section 94. Be it further enacted, that the mayor and councilmen of said city shall have power upon proper and sufficient proof of houses of ill fame, bawdy houses, lewd or gaming houses or places, to abate the same by causing the occupants thereof to be forcibly removed, after three days notice, and any property owner or agents who shall rent or suffer the same to remain on the premises, shall, upon conviction before the mayor, be punished as for a violation of the ordinances of the city. Houses of ill fame, etc. Section 95. Be it further enacted, that all executions in favor of the City of Hiawassee for the enforcement and collections of any fine, forfeiture, assessment, taxes, or

Page 3572

other claim, demand or debt, shall be issued by the clerk and bear teste in the name of the mayor (except when otherwise provided by this charter), and shall be directed to the marshal of said city, and shall state for what issued and may be returnable to the mayor and councilmen of the City of Hiawassee at least within ninety days after the issuing of the same; and it shall be the duty of the marshal or collecting officers to advertise the sale of such real or personal property as may be levied on by him to satisfy said execution, in the same manner respectively as sheriff's sales or real property or constables sales of personal property are required to be made by law. All of said sales to be made at the place within the usual hours of sale of sheriffs and constables, and to be made under the same rules and regulations as govern sheriff's sales and constable's sales of similar property; that the time, place and manner of sale of property, both real and personal, for taxes due, shall be the same as provided by law for the sale under executions for State and county taxes. Whenever any land is sold for taxes, the owner thereof shall have the privilege of redeeming said property so sold for taxes by paying the purchaser the amount paid for said property at said tax sale, as shown by the recitals in the tax, deed, plus a premium of 10 per cent of said amount for each year, or fraction of a year, which shall have elapsed between the date of sales and the date on which the redemption payment is made, said payment to be made to the purchaser at any time within twelve months from the date of said tax sale, and at any time thereafter until the right to redeem shall be foreclosed. All redemptions of land which has been sold for taxes due the City of Hiawassee, and the foreclosure of the right of redemption of land sold for taxes shall be governed by the laws of the State of Georgia, as embodied in Sections 92-8301 to 92-8314 of the Code of Georgia of 1933, and all Acts amendatory thereof. Whenever at any such sale for taxes due no person present shall bid for the property put up for sale as much as the amount of such execution for taxes and all costs, and after such property shall have been cried for a reasonable time, then any duly appointed or authorized

Page 3573

agent of said city may bid off said property for said city, and the marshal, or such other officer making the sale, shall make to the City of Hiawassee, a deed to the property so sold and deliver the same, and the title thus acquired by the city shall be perfect and complete after the period provided for the redemption of the owner shall expire, and after the foreclosure of the right to redeem, as above provided, and the marshal, or other officer making the sale shall put the city in possession, and the mayor and councilmen of said city shall have no right to divert or alienate the title of the city to any property so purchased, except at a public sale to the highest bidder in such manner as may be prescribed by the ordinances of the City of Hiawassee. The city clerk shall keep an execution docket and shall enter thereon all executions, giving the date, amount of each, and to whom delivered, and all proceedings hereunder; said execution shall also be returned to the office of said clerk after being satisfied. All sales and conveyances made under executions as provided in this section shall have all the force and effect of sales and conveyances made by sheriffs and constables of this State, and the officer making the sales shall have the same power as the sheriff's and constables to put purchasers in possession of property sold by them under the laws of this State. Executions. Section 96. Be it further enacted, that said mayor and councilmen shall by ordinance provide for the form of all accusations, affidavits and warrants to be issued in all trial for violations of the city ordinances and laws of this State, and the procedure in such trials, nothing in this section shall operate to repeal the ordinances of the City of Hiawassee, now in force prescribing the form of warrants, accusations and affidavits, but the same shall remain in full force and effect until the same are repealed or amended by ordinance duly adopted by the said mayor and councilmen. Accusations, warrants, etc. Section 97. Be it further enacted, that said mayor and councilmen of the City of Hiawassee, by gift, purchase, lease or otherwise, grounds suitable for park or

Page 3574

parks as in their judgment may be to the interest and welfare of the citizens of said city. They shall have the power and authority to improve and keep up the same, and to this end may appoint such officers and employees as in their judgment may be necessary to carry out the purpose of this section. They shall have the right to draw the ordinary expense fund of said city for said purpose. Parks. Section 98. Be it further enacted, that the mayor and councilmen of the City of Hiawassee, shall have the power and authority to adopt and enforce ordinances for said city to protect shade trees and public places in said city and to prevent cutting, injuring or mutilation thereof by telephone and telegraph linemen, or others, unless the same is done with the consent and under the direction of said mayor and council, or some officer appointed to direct the same. Said mayor and councilmen shall also have power and authority to order the removal of any tree in said city which, in the judgment of the mayor and council impedes or hinders travel and traffic in said city. If, after reasonable notice to the owner of property in said city upon which said tree is located, such owner fails or refuses to remove said tree therefrom, the same may be removed by the mayor and councilmen at the expense of such property owner, and for such expenses of removal execution may issue against such property owner. Trees. Section 99. Be it further enacted, that the mayor and councilmen of the City of Hiawassee may require and compel all male persons between the ages of eighteen and fifty who have resided in the City of Hiawassee as long as thirty days, except those who are exempt in Section 100 of this Act, to work upon the streets of said City of Hiawassee not to exceed fifteen days in each year, at such time or times as the mayor and councilmen may require, or to pay a commutation tax in lieu thereof, not exceeding seven dollars and fifty cents ($7.50) in any one year, as said mayor and council may determine by ordinance. Should any person liable to work the streets

Page 3575

under this section fail or refuse to do so, or to pay the street tax assessed in lieu thereof, after having received due notice so to do, as said mayor and councilmen may require, shall be deemed guilty of a violation of this section, and on conviction in the police court of said city, shall be fined by a sum not exceeding fifteen dollars or imprisoned in the town prison or by labor on the work gang of said city not exceeding twenty days. Said mayor and councilmen may pass such ordinances as they may deem proper for the purpose of enforcing the provisions of this section. Street tax. Section 100. Be it further enacted that all ordained ministers of the gospel, who are in the regular discharge of ministerial duty, and in charge of one or more churches, all men who have lost one arm or one leg; and all men who are either deaf, dumb, or blind, either totally, or partially to the extent that they are unfit or unable to perform street work shall be exempt from the street duty provided in Section 99 of this Act and such persons shall not be compelled to do such street work or pay such commutation tax. The question as to whether any male person either partially deaf, dumb or blind is unfit or unable to perform street work shall be left to the judgment of the mayor and councilmen and their decision on such question shall be final. Same. Section 101. Be it further enacted, that the mayor and councilmen of the City of Hiawassee shall have full power and authority to pass all laws and ordinances that they may consider necessary for the peace and good order, health, prosperity, comfort, and security of said city and the inhabitants thereof, and that they may be necessary to foster virtue and good morals in said city; to suppress lewdness, gambling, disorderly conduct, and to enforce such laws and ordinances by such penalties as are authorized by this charter. The said mayor and councilmen shall have full power to adopt and enforce any and all ordinances they may consider advisable or necessary to carry out the powers granted to said city and said mayor and councilmen by this charter; to make and

Page 3576

enforce such ordinances, rules and regulations for the government of their body and all officers of said city, and to do any and all other acts and exercise all other powers conferred upon them by this Act, or that may be done or exercised, under the laws of this State conferring powers upon municipal corporations provided said laws, ordinances, regulations and rules are consistent with the laws of this State. General welfare powers. Section 102. Be it further enacted, that said mayor and councilmen shall have the power to control and regulate the running and operating of all automobiles, trucks and all vehicles for the transportation of persons and freight; to regulate the speed of such vehicles in said city and to prescribe for the punishment of violations of such regulations; to prevent unnecessary noise from steam whistles, bells or other contrivances, that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for purposes and penalties and enforce the same for violation thereof. Vehicles. Section 103. Be it further enacted, that the mayor and councilmen shall have power to pass ordinances and regulations preventing idleness and loitering within the corporate limits of the city, and to prescribe penalties for violations thereof. Idleness,loitering. Section 104. Be it further enacted, that in case the mayor and/or a councilman while in office shall be guilty of malpractice and wilfull neglect in office, or abuse of the power conferred on him shall be subject to be impeached by the city council, and on conviction shall be removed from office. Removal of officers. Section 105. Be it further enacted, that it shall be the duty of the mayor and councilmen of said city to provide fire protection and they shall have power to organize and equip a fire department, either paid or volunteer, to make such appropriations as may be advisable for this purpose, and provide any buildings necessary therefor, and adopt such ordinances and regulations as will best

Page 3577

promote the object of this section and the protection of property from fire. Fire protection. Section 106. Be it further enacted, that the mayor and councilmen of said city shall have power and authority to impose a tax on dogs within said city, not to exceed two dollars each, and shall have power to enact ordinances providing for the collection of said tax, and authorizing the city marshal and policemen of said city to kill any dog or dogs running at large in said city whose owners refuse to comply with such ordinances. Dogs. Section 107. Be it further enacted, that the mayor and councilmen of said city shall cause to be codified all ordinances of said City of Hiawassee, together with this Act into one book to be known as The Code of the City of Hiawassee, which book shall be constructed in a similar manner to the deed record books now being used by the Clerk of the Superior Court of Towns County, Georgia, for recording deeds. Said mayor and councilmen shall, no later than the first regular meeting of the mayor and councilmen to be in December, 1956, pass and adopt such code, as the Code of the City of Hiawassee; and said code shall be admitted in evidence in any of the courts of this State upon the certificate of the clerk of said City of Hiawassee, certifying the same to be the code of ordinances and laws of said town. Code. Section 108. Be it further enacted, that said mayor and councilmen shall have power and authority to require any person, firm or corporation to obtain from said mayor and councilmen or a committee appointed by said body, a written permit to erect in said city any house, building or any kind of structure, before such person, firm or corporation shall be allowed to erect in said city such house, building or structure, and to provide for and regulate the type of application for such permit, and what information such application for building permits shall contain, and said mayor and councilmen have power and authority to prohibit the erection of any building, house or structure within the corporate limits of said town

Page 3578

unless such building permit is first obtained prior to the erection of such buildings, house or structure, and to provide for the punishment of violators of such rules, regulations and ordinances. Building permits. Section 109. Be it further enacted, that the mayor and councilmen of said City of Hiawassee shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, and playgrounds; for right-of-way for any electric light, water supply, gas or sewer line, or sewerage disposal plant, for sites for the buildings or enlarging of any public building, reservoir, or structure necessary for the operation and conduct of the fire department water plant, electric light and power plant, gas works or system, sewerage system, including lines and disposal plants, or any other department of said city; and for any other public use whatsoever, whenever same is necessary in their opinion. Whenever the mayor and councilmen shall desire to exercise the power and authority to condemn property as granted and conferred herein, said power and authority shall be exercised, whether the land sought to be condemned is in the hands of the owner or trustees, executor or executors, administrator or administrators, guardian or agent; and all proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by towns and cities as contained in Georgia Code of 1933, Section 36-301, et seq. Eminent domain. Section 110. Be it further enacted, that the mayor and councilmen of the City of Hiawassee shall have power and authority to issue bonds for and in the name of said city for any of the following purposes, to wit: for purchasing lands, buildings; erecting buildings; improvising property; purchasing equipment; purchasing improvements; paying for condemned property taken for public use; for building, equipping, and maintaining water works, water supply system, and gas systems and services and electric light system; for laying water-mains and sewers, paving, macadamizing, repairing and improving

Page 3579

the public sidewalks, streets, lanes, alleys, crossings and public places in said city; for fire protection, fire-fighting equipment and facilities, and for any and all public uses and purposes that may be needed for said city. Bonds. Section 111. Be it further enacted, that, before any proceeding toward the issuing of bonds for any of the purposes named in the preceding section, the mayor and councilmen shall prepare, or cause to be prepared by contract, or otherwise, necessary plans, specifications, estimates of cost showing location, extent, cost and other information all of which shall be on file and accessible to voters at least ten days before said bond election is to be held. The cost of preparing such plans, specifications, and estimates of cost may be paid from current expense funds and/or from the proceeds of the bonds sold. Section 112. Be it further enacted, that before any bond of said city shall be issued for any of the purposes named in Section 110 of this charter, the mayor and councilmen of said city shall, by appropriation of resolutions or ordinances direct and provide that such bonds shall be issued, and shall specify the purpose and amount thereof, the rate of interest to be paid annually, and when to be fully paid off, the place of payment and other terms and details thereof, and shall also in said resolution or ordinances call and provide for the holding of any election on the subject and for published notice thereof, as provided by the Constitution and laws of this State. Such an election or elections may be called at any time or times, or from time to time, for issuing bonds for any one or more or all of the beforesaid purposes, as deemed expedient by said mayor and councilmen; provided, always that the limits of the total bonded indebtedness of said town as fixed by the Constitution of the State, shall never be exceeded. Should the requisite number of qualified voters of said city, as prescribed by the Constitution and laws of this State, vote in favor of issuing bonds at any election called for by the said mayor and councilmen as hereinbefore provided, then and in such event of said city's mayor and councilmen shall, at any time before the

Page 3580

time of issuing the bonds authorized by such election, provide for the assessment, levy and collection, during the life of said bonds, of an annual tax upon all property in said city subject to taxation, sufficient in amount to pay the principal and interest of said bonds. Any and all of the bonds and series of bonds issued by said city under the provisions of this charter shall become obligatory and binding upon said city and its taxpayers with all the qualities of commercial papers, and said mayor and councilmen of said city are hereby authorized to negotiate and sell any of said bonds or series of bonds when sold shall only be applied to the purpose or purposes for which they were respectively issued. All of said bonds, when issued, shall be signed by the mayor and clerk of said city. Bond elections. Section 113. Be it further enacted, that whenever any bonds are issued by said town, it shall be the duty of the mayor and councilmen of said city to provide a sinking fund to pay off the principal and interest of such bonds or series of bonds at their maturity. Sinking fund. Section 114. Be it further enacted, that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city, as may be provided by special resolution or ordinances for that purpose. Temporary loans. Section 115. Be it further enacted, that said town, by and through its mayor and council, shall have full power and authority to acquire, construct, reconstruct, improve and extend revenue producing projects and systems to maintain and operate the same, to prescribe, revise, fix and collect rates, fees, tolls, and charges for the service, facilities and commodities furnished thereby and, in anticipation of the collection of revenues therefrom, to issue negotiable certificates payable solely from such revenues, to finance the cost of construction and operation of same and to exercise all the powers and authorities

Page 3581

and to do all the things and acts authorized by the Revenue Anticipation Law of 1937 of this State, and Acts amendatory thereof. Revenue-producing projects. Section 116. Be it further enacted, that all ordinances heretobefore adopted by the mayor and councilmen of the City of Hiawassee, and which are now in force and which are not inconsistent with nor repugnant to this Act, and not in conflict with the Constitution of the State of Georgia or the Constitution of the United States, shall remain in full force and effect, provided, that said mayor and councilmen of said City of Hiawassee may at any time repeal, alter or amend any of said ordinances. Existing ordinances. Section 117. Be it further amended, that all Acts of the General Assembly of Georgia heretobefore passed, incorporating the City of Hiawassee, and all amendments thereto and conferring powers on same, are hereby consolidated into and superseded by this Act, and all provisions of former Acts which are inconsistent with this Act are hereby repealed, and all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 118. Be it further enacted, that the mayor and council of said city shall have the power and authority to sell any property belonging to said town and which shall become unnecessary and useless for said city purposes, and to make a good and sufficient title to the purchaser. However, in the sale of such property by the city the following procedure shall be followed: Before any such property shall be sold a resolution shall be passed and adopted by the mayor and council either in regular or special session which resolution shall state that the property proposed to be sold is no longer necessary or useful for city purposes, and that it is expedient and beneficial to the city that the same be disposed of. Said property shall be sold only at public outcry to the highest bidder for cash on the regular sales day on which sheriff's sales are held and after advertisement of said sale once a week for four weeks in the newspaper of said county

Page 3582

in which the sheriff's advertisements appear. Such sale shall be at the place and during the hours of sheriff's sales in said county and the procedure of such sales shall be the same as provided for sales of property by a sheriff. Sale of property. Section 119. All matters not provided for in this charter shall be governed by the provisions of Title 69, Code of Georgia, 1933. Section 120. Be it further enacted that the sale and distribution of malt beverages and wines is hereby authorized in the City of Hiawassee, if a majority of those voting at an election to be held for that purpose, vote in favor of controlling malt beverages and wines as herein-after provided for. Upon a petition signed by at least 30 per cent of the registered voters qualified to vote in the city election immediately preceding the presentation of the petition being filed with the clerk of the council of the City of Hiawassee, he shall call a special election to be held within thirty days from the filing of this petition and shall publish a notice of the call of the election in the official paper of the city once a week for two weeks preceding the election. At such special election there shall be submitted to the voters of the city, who are qualified to vote for the mayor and council, the question of whether the sale and distribution of malt beverages and wines in the city should be permitted or prohibited. Such election shall be held according to the rules and regulations governing elections for mayor and council, but shall not be held at the time of holding any other elections (primary and general in said city). The returns of the elections held hereunder shall be made within two days after the election to the clerk who shall ascertain and immediately declare the results after the receipt of the returns. Those voting in said election for this section to be put in force shall have printed and written on their ballots the words For controlling malt beverages and wine. Those voting against the provisions of this sub-section being put into effect in said city shall have printed and written on their ballots the words Against controlling

Page 3583

malt beverages and wines. If at such election a majority of the voters cast their votes in favor of controlling malt beer and wines the distribution and sale of such malt beverages and wines shall be permitted in accordance with the provisions of the existing laws at the expiration of fifteen days from the declaration of the results. If at such election a majority of the votes cast should be against the control of malt beverages and wines distribution and sale of the same shall be prohibited until such time another election is called and held in accordance with the provisions of this section. The clerk shall not call, nor shall any election provided for in this section be held within one year from the date of the declaration of the results by the clerk of the previous election for such purpose under this section. Malt beverages and wines. Section 121. Be it further enacted, that from and after the passage of this Act the mayor and council elected by the vote of the people shall be subject to removal during their terms of office in the following manner: Whenever thirty per cent in number of the registered voters residing in the City of Hiawassee as disclosed by the registration sheets of the preceding city election shall so request in a petition filed in the office of the Clerk of the Superior Court of Towns County an election shall be called and held thirty days from the time of the filing of said petition on the subject only of the recall or non-recall of such official or officials. It shall be the duty of the clerk of the superior court to certify the names of such list and report to the Judge of the Superior Court of Towns County the number of registered voters thereon in order to see that the required number have signed the said petition. This report shall be submitted to said judge with the petition. When so reported with this section the said judge shall order an election to be held under the same rules and regulations as govern regular city election. In this election the ballot will be as follows with the names of such officer or officers, and the office and officers inserted in the blanks: For the recall of....., holding the office of...... Against the recall of....., holding the office of...... If a majority of the votes

Page 3584

cast in said election are for recall of such officer or officers, his office is declared vacant at the moment these votes are canvassed by the said judge and the result announced. The election managers shall make a return of the votes cast in said election within three days after the election to the judge and the judge shall examine this return and declare the result. If a majority of the votes so cast be for the recall of the official, this office is vacated at the time the result is so declared by the said judge as herein provided and the vacancy immediately exists. Said judge shall call an election to fill said vacancy or vacancies within thirty days from the date said vacancy is declared, which said election shall be under the same rules and regulations governing regular city election, and at such election the official who has been recalled is eligible as a candidate for re-election and the person or persons elected shall hold office for the unexpired term. Recall. Section 122. Be it further enacted that the treasurer publish a statement of receipts and disbursements in the official paper of the City of Hiawassee not later than January 30 for the preceding year. Treasurer's statement. Section 123. Be it further enacted, that in the event any article, section, paragraph, or provision or provisions of this Act, in whole or in part, or any isolated portion of this Act, or any provisions herein contained, shall be declared illegal by a court of competent jurisdiction, such shall not have the effect of destroying or impairing the validity of the remaining part, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Hiawassee any powers or authorities in excess of any such permitted by the Constitution and laws of Georgia, or the United States, then such powers or authorities given shall be construed to extend just so far as possible as not to exceed the said authority of the General Assembly. Section 124. Be it further enacted, that the provisions

Page 3585

of this charter shall become effective and in full force immediately upon being ratified by a majority of the voters voting in an election to be held as provided in Sections 69-101 to 69-104 Code of Georgia of 1933. Section 125. That all laws and parts of laws in conflict with this Act are hereby repealed. Section 126. There is attached hereto and made a part hereof a copy of the published notice of intention to apply herefor, accompanied by an affidavit of the author hereof, to the effect that said notice has been published as provided by law. Notice of Intention to Introduce Local Bill. To the Citizens of Hiawassee, Towns County, Georgia, and All Who May Be Concerned: Notice is hereby given that application will be made at the January, 1956, session of the General Assembly of Georgia for the purpose of the following bill: An Act to amend, consolidate and supersede the Act or Several Acts Incorporating the City or Town of Hiawassee, in the County of Towns, State of Georgia, and all amendments in respect thereto; to create a new charter for the City of Hiawassee; to provide for municipal government; and for other purposes. This the 30 day of December, 1955. Montgomery Wilson, Rep. Towns County, Ga. 6, 13 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Montgomery Wilson, who, on oath, deposes and says that he is Representative from Towns County, and that the attached copy of Notice of Intention to Introduce Local Legislation was

Page 3586

published in the Towns County Herald, which is the official organ of said county, on the following dates: Dec. 30, 1955; Jan. 6, 1956; Jan. 13, 1956. /s/ Montgomery Wilson, Representative, Towns County. Sworn to and subscribed before me, this 9 day of February, 1956. /s/ Janette Hirsch, Notary Public. Notary Public, Fulton County, Georgia. My commission expires Oct. 7, 1956. (Seal) Approved March 17, 1956.

Page 3587

APPELLATE COURTS SUPREME COURT OF GEORGIA HON. W. H. DUCKWORTH Chief Justice HON. LEE B. WYATT Presiding Justice HON. J. H. HAWKINS Associate Justice HON. BOND ALMAND Associate Justice HON. T. GRADY HEAD Associate Justice HON. T. S. CANDLER Associate Justice HON. CARLTON MOBLEY Associate Justice ROBERT H. BRINSON, JR. Law Assistant T. E. DUNCAN Law Assistant L. HAROLD GLORE Law Assistant CLAUDE M. HOUSER Law Assistant MISS MAUD SAUNDERS Law Assistant MRS. EFFIE A. MAHAN Law Assistant J. GRIFFIN PATRICK, JR. Law Assistant ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter MISS KATHARINE C. BLECKLEY Clerk HENRY H. COBB Deputy Clerk A. BROADDUS ESTES Sheriff COURT OF APPEALS OF GEORGIA HON. JULE W. FELTON Chief Judge HON. B. C. GARDNER Presiding Judge HON. J. M. C. TOWNSEND Judge HON. IRA CARLISLE Judge HON. JOSEPH D. QUILLIAN Judge HON. H. E. NICHOLS Judge M. ROSCOE LOWERY Law Assistant MRS. GLADYS T. MEDLOCK Law Assistant MRS. ALFREDDA WILKERSON Law Assistant JOHN E. HOGG Law Assistant KELLEY QUILLIAN Law Assistant BEN ESTES Law Assistant WILLIAM G. ENGLAND Clerk MORGAN THOMAS Deputy Clerk J. I. GUICE Sheriff ARTHUR H. CODINGTON Reporter GEORGE H. RICHTER Assistant Reporter

Page 3588

JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. EDWIN R. SMITH, Judge, Nashville. BEN T. WILLOUGHBY, Solicitor-General, Homerville. AtkinsonThird Mondays in February and July, and fourth Monday in October. BerrienSecond and third Mondays in May; first and second Mondays in September; second Mondays in March and December. ClinchFirst Mondays in March and October, and fourth Monday in June. CookFirst and second Mondays in February, May, August, and November. LanierFourth Mondays in February, May, August, and November. ALBANY CIRCUIT. HON. CARL E. CROW, Judge, Camilla. MASTON E. O'NEAL, Solicitor-General, Bainbridge. BakerThird Mondays in January and July. CalhounFirst Mondays in June and December. DecaturFirst Mondays in May and November. DoughertyThird Mondays in March and September. GradyFirst Mondays in March and September. MitchellSecond Mondays in January, April, July and October. ATLANTA CIRCUIT. HONS. VIRLYN B. MOORE, WALTER C. HENDRIX, E. E. ANDREWS, RALPH PHARR, GEORGE P. WHITMAN, SR., JESSE M. WOOD, CLAUDE D. SHAW, DURWOOD T. PYE, JOHN L. TYE, JR., Judges, Atlanta. PAUL WEBB, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November.

Page 3589

ATLANTIC CIRCUIT. HON. MELVILLE PRICE, Judge, Ludowici. BRUCE D. DUBBERLY, Solicitor-General, Glennville. BryanThird Monday in March and first Monday in November. EvansFirst Mondays in April and October. LibertyThird Mondays in February and September. LongFirst Mondays in March and September. McIntoshFourth Mondays in February and May, second Monday in September, and first Monday in December. TattnallThird Mondays in April and October. AUGUSTA CIRCUIT. HONS. GROVER C. ANDERSON, Waynesboro; F. FREDERICK KENNEDY, Augusta, Judges. GEORGE HAINS, Solicitor-General, Augusta. BurkeSecond Mondays in May and November. ColumbiaFourth Mondays in March and September. RichmondThird Mondays in January, March, May, July, September, and November. BLUE RIDGE CIRCUIT. HON. HOWELL BROOKE, Judge, Canton. H. GRADY VANDIVIERE, Solicitor-General, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninFourth Mondays in April and August; second Monday in December. ForsythFourth Mondays in March and July, and third Monday in November. GilmerThird Monday in May; fourth Monday in October. PickensFirst Monday in April, and fourth Monday in September.

Page 3590

BRUNSWICK CIRCUIT. HON. DOUGLAS F. THOMAS, Judge, Jesup. W. GLENN THOMAS, Solicitor-General, Jesup. ApplingSecond and third Mondays in February; third and fourth Mondays in October. CamdenFirst Mondays in April and November; third Monday in June. GlynnSecond Mondays in January, May, and September. Jeff DavisFirst Mondays in March, June, and December, and fourth Monday in September. WayneThird and fourth Tuesdays in April and November. CHATTAHOOCHEE CIRCUIT. HON. T. HICKS FORT, Judge, Columbus. JOHN H. LAND, Solicitor-General, Columbus. ChattahoocheeFourth Mondays in March and September. HarrisThird and fourth Mondays in January and July. MarionFourth Mondays in April and October. MuscogeeFirst Mondays in February, April, June, August, October and December. TalbotSecond Mondays in March and November; third Monday in August. TaylorFirst and second Mondays in January and July. CHEROKEE CIRCUIT. HON. J. H. PASCHALL, Judge, Calhoun. ERWIN MITCHELL, Solicitor-General, Dalton. BartowSecond Mondays in January and July; fourth Mondays in April and October. GordonFourth Mondays in February, May, August, and November. MurraySecond Mondays in February and August. WhitfieldThird Mondays in January and July; first Mondays in April and October.

Page 3591

COBB CIRCUIT. HON. JAMES T. MANNING, Judge, Marietta. LUTHER C. HAMES, JR., Solicitor-General, Marietta. CobbSecond Mondays in February, April, June, August, October, and first Monday in December. CORDELE CIRCUIT. HON. O. WENDELL HORNE, JR., Judge, Cordele. HARVEY L. JAY, Solicitor-General, Fitzgerald. Ben HillSecond and third Mondays in January, April, July, and October. CrispFourth Mondays and the Mondays following, in January, April, July, and October. DoolySecond and third Mondays in February, May, August, and November. WilcoxFirst Monday in March; fourth Mondays in June and November, and the Mondays following each of them. COWETA CIRCUIT. HON. SAMUEL J. BOYKIN, Judge, Carrollton. WRIGHT LIPFORD, Solicitor-General, Newnan. CarrollFirst Mondays in April and October. CowetaFirst Monday in March; first Tuesday in September. HeardThird Mondays in March and September. MeriwetherThird Mondays in February, May, August, and November. TroupFirst Mondays in February, May, August and November.

Page 3592

DUBLIN CIRCUIT HON. RUFUS I. STEPHENS, Judge, Dublin. W. W. LARSEN, JR., Solicitor-General, Dublin. JohnsonThird Mondays in March, June, September, and December. LaurensFourth Mondays in January, April, July and October. TwiggsSecond Mondays in January, April, July and October. EASTERN CIRCUIT. HONS. DUNBAR HARRISON, EDWIN A. McWHORTER, Judges, Savannah. ANDREW J. RYAN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, Septembe`r and December. FLINT CIRCUIT. HON. THOMAS J. BROWN, JR., Judge, McDonough. HUGH DORSEY SOSEBEE, Solicitor-General, Forsyth. ButtsFirst and second Mondays in February and November; first Monday in May; third and fourth Mondays in August. HenryThird and fourth Mondays in January, April, July, and October. LamarFirst and second Mondays in March, June, September, and December. MonroeThird and fourth Mondays in February, May and November, and first and second Mondays in August. GRIFFIN CIRCUIT. HON. JOHN H. McGEHEE, Judge, Thomaston. ANDREW J. WHALEN, R., Solicitor-General, Griffin. FayetteFirst and second Mondays in March and September. PikeThird and fourth Mondays in February and November, fourth Monday in July, and first Monday in August. SpaldingFirst and second Mondays in February and October, and third and fourth Mondays in June. UpsonThird and fourth Mondays in March and August, and first and second Mondays in November.

Page 3593

LOOKOUT MOUNTAIN CIRCUIT. HON. JOHN W. DAVIS, Judge, Summerville. EARL B. (BILL) SELF, Solicitor-General, Summerville. CatoosaFirst Mondays in February and August, and second Mondays in May and November. DadeThird Mondays in March, June and September, and second Monday in December. ChattoogaSecond Mondays in January, April, July and October. WalkerThird Mondays in February and August, and first Mondays in May and November. MACON CIRCUIT. HONS. OSCAR L. LONG, Macon; A. M. ANDERSON, Perry, Judges. WILLIAM M. WEST, Solicitor-General, Macon. BibbFirst Mondays in February, April, June, August, October, and December. CrawfordThird and fourth Mondays in March and October. HoustonThird and fourth Mondays in April and August; and first and second Mondays in December. PeachFirst and second Mondays in March and August, and third and fourth Mondays in November. MIDDLE CIRCUIT. HON. ROBERT H. HUMPHREY, Judge, Swainsboro. W. H. LANIER, Solicitor-General, Metter. CandlerFirst and second Mondays in February and August. EmanuelSecond Mondays in January, April, July and October. JeffersonSecond Mondays in May and November. ToombsFourth Mondays in February, May, August, and November. WashingtonFirst Mondays in March, June, September and December.

Page 3594

MOUNTAIN CIRCUIT. HON. JOHN E. FRANKUM, Judge, Clarkesville. WINSTON OWEN, Solicitor-General, Toccoa. HabershamFirst Mondays in March and June; second Monday in August; and third Monday in November. RabunFourth Mondays in February and August; second Monday in June; and first Monday in December. StephensSecond Mondays in January, April, July, October. TownsFourth Mondays in March and September. UnionFirst Mondays in April and October. Non-Jury: First Mondays in January and July. NORTHEASTERN CIRCUIT. HON. G. FRED KELLEY, Judge, Gainesville. JEFF WAYNE, Solicitor-General, Gainesville. DawsonFirst Mondays in March and August. HallThird Mondays in January and July; first Mondays in May and November. LumpkinThird Mondays in March and September. WhiteSecond Mondays in April and October. NORTHERN CIRCUIT. HON. CLARK EDWARDS, JR., Judge, Elberton. CAREY SKELTON, Solicitor-General, Hartwell. ElbertFirst Monday in March; second Monday in September. FranklinThird Mondays in January and October; fourth Monday in March; first Monday in August. HartFirst Mondays in February and October; fourth Monday in May. MadisonThird Mondays in February and May; fourth Monday in August; second Monday in December. OglethorpeThird Monday in March; fourth Monday in September.

Page 3595

OCMULGEE CIRCUIT HON. GEORGE S. CARPENTER, Judge, Milledgeville. GEORGE D. LAWRENCE, Solicitor-General, Eatonton. BaldwinSecond Mondays in January, April, July, and October. GreeneFourth Mondays in January, April, July, and October. HancockFourth Mondays in March and September; second Mondays in June and December. JasperSecond Mondays in February, August, and November. JonesThird Mondays in April and October. MorganFirst Mondays in March, June, September, and December. PutnamThird Mondays in March, June, September and December. WilkinsonFirst Mondays in January, April, July, and October. OCONEE CIRCUIT. HON. JOHN WHALEY, Judge, McRae. WADE JOHNSON, Solicitor-General, Mount Vernon. BleckleyFirst Monday in March and second Mondays in July and November. DodgeThird and fourth Mondays in May and November. MontgomeryFirst Mondays in February, May, August, and November. PulaskiSecond and third Mondays in March and September, and second Mondays in June and December. TelfairFourth Mondays in February and June, and third and fourth Mondays in October. TreutlenThird Mondays in February and August. WheelerSecond Mondays in February and October, and third Monday in June. OGEECHEE CIRCUIT. HON. J. L. RENFROE, Judge, Statesboro. WALTON USHER, Solicitor-General, Guyton. BullochFourth Mondays in January, April, July, and October. EffinghamThird Mondays in April and October. JenkinsSecond Mondays in May and November. ScrevenSecond Mondays in January, April and July; third Monday in November.

Page 3596

PATAULA CIRCUIT. HON. WALTER I. GEER, Judge, Colquitt. R. A. PATTERSON, Solicitor-General, Cuthbert. ClayThird Mondays in March and November. EarlyThird Mondays in January and July. MillerFourth Mondays in April and October. QuitmanFourth Mondays in March and September. RandolphFirst Mondays in May and November. SeminoleSecond Mondays in January and July. TerrellFirst Mondays in June and December. PIEDMONT CIRCUIT. HON. JOHN C. HOUSTON, Judge, Lawrenceville. HOPE D. STARK, Solicitor-General, Lawrenceville. BanksThird Monday in March; second Monday in November. BarrowThird and fourth Mondays in February and August; first Mondays in May and November. GwinnettFirst Mondays in March, June, and December; second Monday in September. JacksonFirst Mondays in February and August. ROME CIRCUIT. HON. MACK G. HICKS, Judge, Rome. CHASTINE PARKER, Solicitor-General, Rome. FloydSecond Mondays in January, April, July, and October. SOUTHERN CIRCUIT. HON. GEORGE R. LILLY, Judge, Quitman. J. B. EDWARDS, Solicitor-General, Thomasville. BrooksFirst Mondays in May and November. ColquittFirst Mondays in April and October. EcholsSecond Mondays in March and September. LowndesThird Mondays in May and November. ThomasThird Mondays in January, April, July, and October.

Page 3597

SOUTHWESTERN CIRCUIT. HON. CLEVELAND REES, Judge, Preston. CHARLES BURGAMY, Solicitor-General, Americus. LeeFirst Mondays in May and November. MaconSecond Mondays in May and November. SchleySecond Mondays in February and August. StewartSecond Mondays in January and July. SumterFourth Mondays in May and November. WebsterFourth Mondays in January and July. STONE MOUNTAIN CIRCUIT. HONS. FRANK H. GUESS, Decatur; CLARENCE R. VAUGHN, Conyers, Judges. ROY C. LEATHERS, Solicitor-General, Decatur. ClaytonThird Mondays in February, May, August and November. DeKalbFirst Mondays in March, June, September, and December. NewtonFirst Monday in January, and third Mondays in March, July, and September. RockdaleThird Monday in January, and first Mondays in April, July, and October. TALLAPOOSA CIRCUIT. HON. W. A. FOSTER, JR., Judge, Dallas. ROBERT J. NOLAND, Solicitor-General, Douglasville. DouglasThird Mondays in March and September. HaralsonThird Mondays in January and July. PauldingSecond Monday in February, and first Mondays in May, August, and November. PolkFourth Mondays in February and August.

Page 3598

TIFTON CIRCUIT. HON. J. BOWIE GRAY, Judge, Tifton. W. J. FOREHAND, Solicitor-General, Sylvester. IrwinThird and fourth Mondays in February and November, and first Monday in July. TiftFirst Mondays in March and September, and first and second Mondays in June and December. TurnerSecond and third Mondays in January and July, and second Mondays in April and October. WorthFourth Mondays in January, April, July, and October. TOOMBS CIRCUIT. HON. C. J. PERRYMAN, Judge, Thomson. J. CECIL DAVIS, Solicitor-General, Warrenton. GlascockThird Mondays in February, May, August, and November. LincolnFourth Mondays in January, April, July, and October. McDuffieSecond Mondays in March and September; first Mondays in June and December. TaliaferroFourth Mondays in February, May, August, and November. WarrenFirst Mondays in April, July and October, and third Monday in January. WilkesFirst Mondays in February, May, August, and November. WAYCROSS CIRCUIT. HON. CECIL RODDENBERRY, Judge, Nahunta. ANDREW J. TUTEN, Solicitor-General, Alma. BaconFirst Mondays in February and August; fourth Monday in May; third Monday in November. BrantleyThird Mondays in January and September; first Monday in April; fourth Monday in November. CharltonFourth Mondays in March and September. CoffeeSecond and third Mondays in March and October; second Monday in June; first Tuesday after the first Monday in January. PierceSecond Monday in January; first Mondays in May and December; third Monday in August. WareFourth Mondays in January, April, July, and October.

Page 3599

WESTERN CIRCUIT. HON. CARLISLE COBB, Judge, Athens. D. MARSHALL POLLOCK, Solicitor-General, Monroe. ClarkeSecond Mondays in January, April, July, and October. OconeeFourth Mondays in January and July. WaltonThird Mondays in February, May, August, and November.

Page 3600

TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Albany; promotion of industries 128 Albany-Dougherty County sewerage system 424 Albany-Dougherty County sewerage system 467 Atlanta; indebtedness 360 Atlanta; revenue anticipation certificates 257 Atlanta Judicial Circuit; term of judges 636 Augusta-Richmond County board of tax assessors 453 Brooks County; board of education 417 Brunswick-Glynn County port facilities 421 Brunswick-Glynn County port facilities 476 Brunswick-Glynn County sewerage system 442 Brunswick-Glynn County sewerage system 471 Chatham County; extension of industrial areas 352 Cherokee County; school superintendent 117 Cherokee County; school system 133 Cobb County; paving 363 Crisp County; school system 111 Dougherty County; building permits 119 Dougherty County; paving 139 Dougherty County; promotion of industries 146 Dudley; promotion of industries 410 Floyd County; street lights 474 Glynn County; homestead exemption 253 Gwinnett County; board of education 810 Hall County; fire protection 461 Hall County; road and street improvements 451 Hall County; school system 817 Heard County; board of education 142 Louisville; promotion of industries 445 Macon County; board of education 263 Method of amendment of Constitution 637 Mosquito control in Chatham County 267 Muscogee County; licenses and occupational taxes 407 Pierce County; board of education 392 Polk County; school superintendent 123 Review by Supreme Court and Court of Appeals of judgments of juvenile courts 652 Salaries of State officials 669 Stewart County; board of education 463 Stewart County; schools 440 Thomas County; board of education 447 Traffic courts in counties of more than 300,000 415 Vidalia Development Authority 426 Walton County; school system 433

Page 3601

CODE SECTIONS. 5-105AmendingSalary of Commissioner of Agriculture 376 16-440AddedPayment by savings and loan association of value of share to incompetent 628 23-407AmendingSurvey of disputed county lines 192 23-170523-1709AmendingPerformance bonds, contractors with counties 340 23-1804AmendingUse of prisoners in intercounty improvements 161 24-2501AmendingClayton Judicial Circuit created 95 24-2714AmendingDuties of superior court clerks 785 24-2715AmendingDuties of superior court clerks 677 25-105AmendingBorrowing by credit unions 742 25-113AmendingFidelity bond of credit unions 742 25-117AmendingEntrance fees, transfer fees, etc., credit unions 742 25-122AmendingReports, examinations, license of credit unions 742 26-2214RepealingKindling fire on land of another 737 26-2215RepealingKindling fire with intent to injure 737 26-3601, 26-3602AmendingMisdemeanors and felonies (setting of fires, etc.) 737 26-3603RepealingWilful and malacious firing of woods, lands or marshes 737 26-6301AmendingObscene pictures, books, etc. 801 26-6304RepealingObscene matter 741 26-7704RepealingWilfully, or negligently setting fires 737 27-210, 27-212AmendingCommitment after arrests 796 27-2506AmendingPunishment for misdemeanors 161 27-2510AmendingConcurrent or successive sentences 161 27-2513AmendingElectrocutions 161 27-2515AmendingElectrocutions 161 27-270227-2707RepealingStatewide Probation Act 27 30-101AmendedDecree in divorce; when final 405 30-123AmendingRelief from disabilities, divorce 572 32-912AmendingSuspension of county school superintendents 747 32-1008AmendingRemoval of county school superintendents 629 32-2901AmendingTeachers in privately operated nonsectarian schools 13 34-2601AmendingElection of sheriff in certain counties 529 34-330134-3303, 34-3307AmendingVoting by mail 682 35-236, 35-237AmendingRestoration to sanity 585 38-1501AmendingWitnesses, attendance and fees 248 39-1201AmendingPlace, time and manner of sales under execution 701 40-1101AmendingPayments by State Treasurer on warrant of Deputy Comptroller General 802 40-1505AmendingDeputy Comptroller General 802 Ch. 42-1, 42-3, 42-99AmendingGeorgia Food Act 195 42-201AmendingConcentrated commercial feeding stuffs 293 42-205AmendingInspection fees, feeding stuffs 293

Page 3602

42-206AmendingRegistration of feeding stuffs 293 42-207AmendingContents of commercial feeding stuffs 293 Ch. 42-4RepealingMeat, poultry and dairy processing plants 748 50-107AmendingHabeas corpus, return day 374 52-216AmendingParticipation by policyholders in profits of insurance companies 278 53-201AmendingMarriage licenses 43 Ch. 54-6AmendingEmployment Security Act amended 481 59-601AmendingCharge to grand jury 737 59-720AddingExamination of jurors 64 62-1011AmendingCompensation of veterinarian examining cause of infectious diseases 332 67-1701AmendingLiens 562 67-1906RepealingUnclaimed laundry 718 67-2001, 67-2002AmendingMechanics' and materialmen's liens 562 67-2001, 67-2002AmendingLaborers' and materialmen's liens 185 68-405AmendingSize and load limitations of motor vehicles 83 69-308AmendingDamage actions against municipal corporations, prerequisite demand 183 74-9902AmendingAbandonment (illegitimate children covered) 800 Ch. 84-4AmendingBarber and beautician examiners 316 84-603, 84-604, 84-608, 84-609, 84-611AmendingPractice of chiropody 242 84-702AmendingUnauthorized practice of dentistry 25 84-710AmendingLicensing of dentists of other States 372 84-915AmendingRenewal fee of license to practice medicine 691 84-1007AmendingRegistration fee of graduate nurses 193 84-1010AmendingLicense renewal fee, registered nurses 691 84-1010AmendingValidation of certificates of registered nurses 193 84-1012AmendingExamination and license of undergraduate nurses 193 84-1012AmendingLicense renewal fee, undergraduate nurses 691 84-1015AmendingCertification of non-resident nurses 193 84-1101AmendingOptometry defined 94 84-1207AmendingLicense renewal fee, osteopaths 691 84-1317AmendingSale of drugs in vending machines 724 84-1401AmendingReal estate brokers, licenses 404 84-1422RepealingNonresident real estate brokers 402 84-1505AmendingLicense renewal fee, veterinarians 691 84-9925AmendingBilliard room licenses 610 85-1604AmendingAppointment of land processioners 326 92-3120AmendingDistributees on liquidation of corporation 608 92-4101AmendingTaxation (City of Albany) 89 95-804AmendingRoad work by prisoners 161 101-205AmendingDistribution by State Librarian of law books 729

Page 3603

101-207AmendingDistribution of laws and journals of General Assembly 804 114-706AmendingWorkmen's compensation, hearings regarding disagreements 725 COURTS. SUPREME COURT. Review of juvenile court judgments; proposed amendment to the Constitution 652 COURT OF APPEALS. Review of juvenile court judgments; proposed amendment to the Constitution 652 SUPERIOR COURTS. Atlanta Circuit; additional judges 274 Atlanta Circuit; solicitor-general and assistants 91 Atlanta Circuit; terms of judges; proposed amendment to the Constitution 636 Camden; assistant solicitor 2410 Chattahoochee Circuit; additional judge 299 Clayton Circuit created 95 Eastern Circuit; additional judge 101 Elbert; terms 570 Forsyth; law books to; a resolution 3421 Franklin; terms 570 Fulton; compensation of judges 541 Hart; terms 570 Johnson; terms 378 Lumpkin; terms 528 McDuffie; terms 60 Madison; terms 570 Marion; terms 38 Piedmont Circuit; reporter's salary 305 Randolph; law books to; a resolution 3046 Rockdale; law books to; a resolution 3487 Rome Circuit; solicitor-general and assistant 385 Southern Circuit; judge's compensation 537 Stephens; grand juries 538 Stone Mountain Circuit; judges 496 Webster; terms 40 CITY COURTS. Bainbridge; procedure rules 3495 Baxley; comprehensive Act 3319 Buford; clerk's salary 3485 Chattooga; juries 2396 Decatur; abolished [Illegible Text]

Page 3604

Decatur; judge's salary 3076 Decatur; practice and procedure 2655 Dublin; amendments 3028 Dublin; compensation of judge and of solicitor 2870 Jefferson; compensation of judge and of solicitor 2887 Lexington; judge's compensation 3365 Newnan; judge's compensation 2489 Sandersville; judge, solicitor 3463 Waynesboro; clerk's fees 2290 City court abolished in counties of 22,700 to 23,400 2587 CIVIL COURTS. DeKalb; amendments 2766 DeKalb; amendments 3137 Fulton; amendments 3271 CRIMINAL COURTS. Fulton; judges' salary 3040 JUVENILE COURTS. Act of 1951 amended (counties of 150,000 or more but less than 300,000) 69 Judgments, review by appellate courts; proposed amendment to the Constitution 652 Jurisdiction as to adopted children 603 Practice of law by judges 799 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Atkinson; commissioners 2252 Baldwin; commissioners 2725 Baldwin; zoning and planning 2082 Banks; sheriff's compensation 2056 Barrow; commissioners, election and compensation of chairman 2062 Brooks; board of education; proposed amendment to the Constitution 417 Calhoun; law books to superior court 2778 Carroll; compensation of commissioner and clerk 2872 Carroll; tax commissioner 3504 Catoosa; board of utilities commissioners 3499 Charlton; compensation of commissioners 2786 Chatham; civil service system 2456 Chatham; extension of industrial areas; proposed amendment to the Constitution 352 Chattooga; commissioner 2899 Chattooga; purchases 2929 Cherokee; fee system 3265 Cherokee; salaries (Act of 1953 repealed) 3124 Cherokee; school superintendent; proposed amendment to the Constitution 117

Page 3605

Cherokee; school system; proposed amendment to the Constitution 133 Clarke; fire, sanitation and sewerage districts 3089 Clarke; law books to ordinary; a resolution 2779 Clay; court of ordinary 3001 Clayton; commissioners 3072 Clayton; law books to superior court 2780 Cobb; paving; proposed amendment to the Constitution 363 Cobb; zoning and planning 2006 Colquitt; compensation of officials 2399 Colquitt; tax commissioner 2403 Colquitt; water districts 3307 Colquitt; waterworks, sewerage, sanitation, and fire protection 2477 Crisp; school system; proposed amendment to the Constitution 111 DeKalb; board of education, election 2707 DeKalb; commissioners 3237 DeKalb; merit system 3111 DeKalb; planning commission 3332 DeKalb; salaries of elective county officials 2915 Dougherty; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 424 Dougherty; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Dougherty; building permits; proposed amendment to the Constitution 119 Dougherty; fire protection 2598 Dougherty; paving; proposed amendment to the Constitution 139 Dougherty; promotion of industries; proposed amendment to the Constitution 146 Dougherty; tax commissioner's assistants 2494 Douglas; law books to; a resolution 3420 Douglas; zoning 2581 Fayette; tax commissioner 2022 Floyd; compensation of members of board of education 3469 Floyd; fee system abolished 2754 Floyd; street lights; proposed amendment to the Constitution 474 Floyd; utility systems 3093 Franklin; commissioner 2603 Franklin; law books to superior court; a resolution 2377 Fulton; judges' and solicitor-general's retirement system 2991 Fulton; judges' and solicitor-general's retirement system 3069 Fulton; pension system amended 3098 Fulton; salaries of deputies 2677 Fulton; sheriff's salary 2813 Glascock; sheriff's expenses 3507 Glascock; tax commissioner 2058 Glynn; Brunswick and Glynn County sewerage system; proposed amendment to the Constitution 442 Glynn; Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 471 Glynn; commissioners 2710

Page 3606

Glynn; homestead exemption; proposed amendment to the Constitution 253 Glynn; port facilities; proposed amendment to the Constitution 476 Glynn; port facilities; proposed amendment to the Constitution 421 Gwinnett; board of education; proposed amendment to the Constitution 810 Gwinnett; commissioners 2500 Gwinnett; compensation of sheriff, clerks of court, ordinary, etc.; fees, costs; audits 2535 Gwinnett; tax commissioner and treasurer 2502 Habersham; commissioners 2077 Hall; advisory referendums 3032 Hall; fire protection; proposed amendment to the Constitution 461 Hall; road and street improvements; proposed amendment to the Constitution 451 Hall; school system; proposed amendment to the Constitution 817 Hancock; tax commissioner 2037 Harris; law books to ordinary 2580 Hart; board of finance 2356 Heard; board of education; proposed amendment to the Constitution 142 Heard; commissioners 2346 Irwin; commissioners 2586 Jenkins; tax commissioner's salary 2588 Laurens; ordinary's compensation 2765 Long; ordinary's compensation 2881 Lowndes; voting machines 3444 Lumpkin; tax commissioner's compensation 2741 Lumpkin; zoning 3497 Macon; board of education; proposed amendment to the Constitution 263 Macon; election of commissioners 3286 Macon; ordinary's compensation 3488 Meriwether; commissioner's compensation 2890 Miller; voting machines 2799 Montgomery; tax commissioner's compensation 2548 Muscogee; fire protection districts 2760 Muscogee; licenses and occupational taxes; proposed amendment to the Constitution 407 Newton; treasurer 2345 Pierce; board of education; proposed amendment to the Constitution 392 Pierce; conveyance of land to; a resolution 158 Polk; school superintendent; proposed amendment to the Constitution 123 Pulaski; commissioner's salary 2845 Rabun; tax commissioner's clerk 2138 Randolph; law books to ordinary; a resolution 2909 Richmond; Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution 453 Richmond; board of education 2891

Page 3607

Richmond; land conveyance to; a resolution 813 Richmond; tax commissioner 2362 Rockdale; tax commissioner's compensation 2035 Spalding; agricultural agent and home demonstration agent 2895 Spalding; compensation of commissioners 2440 Stewart; board of education; proposed amendment to the Constitution 463 Stewart; law books to superior court and to ordinary; a resolution 3054 Stewart; schools; proposed amendment to the Constitution 440 Sumter; Americus-Sumter County planning commission 2658 Sumter; zoning 2682 Thomas; board of education; proposed amendment to the Constitution 447 Thomas; fee system abolished 3159 Thomas; tax commissioner 3510 Troup; compensation of commissioners 2788 Troup; pension system amended 2423 Union; tax commissioner's office and hours 2452 Walton; school system; proposed amendment to the Constitution Wheeler; sheriff's compensation 2844 Wheeler; treasurer's bond 2897 COUNTIES AND COUNTY MATTERSBY POPULATION. Assistant solicitor-general in counties of 75,000 to 112,500 2615 Assistant solicitor-general in counties of 120,000 to 150,000 2612 Board of education, compensation of members in counties of 4,815 to 4,950 3484 Board of education, compensation, expenses, attorney in counties of 5,970 to 6,008 3460 Board of education, compensation of members in counties of 24,200 to 24,300 3504 Board of education, revenues in counties of not less than 300,000 2764 Budgets in counties of 200,000 or more 3260 Compensation of county commissioners in counties of 200,000 3380 Compensation of joint city-county tax assessors (Act of 1952 amended) 2567 Consolidation of schools in counties of 8,500 to 8,600 2595 County probation officers in counties of 150,000 or more but less than 300,000 65 County school taxes in counties of not less than 300,000 2565 Director of public safety in counties of 300,000 or more 3366 Election hours in counties of 118,026 to 118,100 2081 Election of sheriff in counties of 300,000 or more; Code 34-2601 amended 529 Joint city-county board of tax assessors in counties having city of more than 300,000 3466 Limited access highways in counties of 300,000 or more 3292 Local registrars in counties of 300,000 or more; vital statistics law amended 803

Page 3608

Microfilming of ordinary's records in counties of 100,000 to 114,000 3378 Pension system in counties of 300,000 or more amended 2990 Per diem of board of education members in counties of 3585 to 3700 3267 Qualified electricians in counties of 85,000 to 90,000 3288 Road system in counties of 300,000 or more 3492 Superior court clerk's salary in counties of 300,000 or more 2812 Tax assessments in counties having city of 300,000 or more 3361 Tax commissioners in counties of 5,900 to 5,951 3490 Tax receiver's commissioners in certain counties (Act of 1955, p. 2639 amended) 2373 Tax sales in counties of 12,100 to 12,200 2593 Traffic courts in counties of more than 300,000; proposed amendment to the Constitution 415 Treasurer's assistant in counties of 100,000 to 110,000 2256 Warm Air Heating Equipment Act applicable in counties of 6,008 to 6,079 676 Warm Air Heating Equipment Act applicable in counties of 6,975 to 7,000 504 Warm Air Heating Equipment Act applicable in counties of 15,784 to 16,500 3291 Warm Air Heating Equipment Act applicable to counties of 27,786 to 29,000 328 Warm Air Heating Equipment Act applicable to counties of 30,289 to 30,975 325 Warm Air Heating Equipment Act applicable in counties of 34,500 to 36,500 406 Warm Air Heating Act of 1949 applicable in counties of 40,113 to 43,000 298 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; mayor and aldermen 3119 Adrian; corporate limits 2781 Ailey; charter amended 2692 Albany; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 424 Albany; Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Albany; city employees 2824 Albany; promotion of industries; proposed amendment to the Constitution 128 Albany; qualified voters 2258 Albany; retirement system amended 2762 Albany; taxation, Code 92-4101 amended 89 Allentown; charter repealed 2943 Allentown; charter 3385 Americus; advertising 3461 Americus; Americus-Sumter County planning commission 2658 Americus; charter amended 2292

Page 3609

Athens; firemen's pension system amended 2715 Athens; land conveyance authorized 2416 Athens; street closing authorized 2695 Athens; water and sewer mains 2485 Atlanta; board of education budget 3436 Atlanta; charter amended 2533 Atlanta, charter amended 2815 Atlanta; election managers; corporate limits 3433 Atlanta; indebtedness; proposed amendment to the Constitution 360 Atlanta; municipal court, waterworks 3368 Atlanta; parks 3490 Atlanta; recreation facilities 3035 Atlanta; revenue anticipation certificates; proposed amendment to the Constitution 257 Atlanta; salaries of mayor and aldermen 2743 Auburn; officers and employees 3122 Augusta; Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution 453 Augusta; land conveyance to Sears Roebuck Co. authorized 2406 Avondale Estates; charter amended 2703 Baxley; corporate limits extended 2609 Berkeley Lake; charter 2805 Bremen; school tax 3063 Brunswick; Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 471 Brunswick; Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 442 Brunswick; charter amended 2336 Brunswick; port facilities; proposed amendment to the Constitution 421 Brunswick; port facilities; proposed amendment to the Constitution 476 Byron; corporate limits 2026 Cairo; corporate limits extended 2384 Calhoun; reconveyance of land to; a resolution 664 Camilla; street closing authorized 2250 Camilla; treasurer 2546 Cedartown; parking facilities 2065 Cedartown; street and sidewalk improvements 2319 Chatsworth; corporate limits 3476 Clarkesville; charter 2298 Clayton; lease of golf course property 2084 Colbert; charter amended 2133 College Park; charter amended 2922 College Park; corporate limits extended 2744 College Park; wards 3083 Columbus; conveyance of part of Bay Avenue authorized 2261 Columbus; corporate limits extended 2386 Columbus; water commissioners 2525 Conyers; charter amended 2752 Conyers; corporate limits 2907

Page 3610

Conyers; recorder's court 2430 Cordele; commissioners, city manager 2349 Covington; corporate limits 2507 Covington Mills; charter revoked 2433 Dallas; charter 2947 Dalton; charter amended 2093 Dalton; corporate limits extended 2354 Dalton; school system 2086 Dawson; charter amended 2454 Dawson; charter amended 2515 Douglas; charter amended 2495 Douglas; corporate limits extended 2444 Douglas; corporate limits extended 2490 Dublin; elections 3267 Dublin; school tax 2771 Dudley; promotion of industries; proposed amendment to the Constitution 410 East Dublin; recorder's court 3357 East Dublin; tax returns 2802 Eatonton; charter amended 2359 Fitzgerald; civil service, insurance 3007 Forest Park; charter amended 2040 Franklin Springs; corporate limits 3117 Fullerville; charter surrendered 2334 Gainesville; charter amended 2847 Gainesville; street improvements 2539 Georgetown; corporate limits 2020 Griffin; closing of part of North First Street 2498 Griffin; corporate limits extended 2412 Griffin; corporate limits extended 2550 Hapeville; charter amended 2791 Helen; corporate limits 2999 Hiawassee; charter 3516 Hiram; charter 2620 Hogansville; corporate limits 2827 Hogansville; corporate limits 3078 Ideal; corporate limits 2600 Jesup; charter amended 3302 Kingsland; alley closings authorized 3470 Kite; charter amended 3157 Lake City; mayor and councilmen 3382 Lawrenceville; corporate limits extended 2875 Linwood; charter amended 2995 Louisville; promotion of industries; proposed amendment to the Constitution 445 Lula; charter 3166 Macon; anti-tubercular sanatarium 2883 Macon; charter amended 2772 Macon; closing of part of First Street authorized 2818 Macon; corporate limits 3125 Macon; eminent domain 2936

Page 3611

Macon; hospital commission 2783 Macon; mayor and council 2736 Macon; pension system amended 3146 Macon; pensions in police and fire departments 2285 Macon; police and fire departments 2143 Macon; street closing authorized 2729 Macon; street closing ratified 2331 McRae; compensation of mayor and aldermen 2283 Manchester; corporate limits 2446 Manchester; taxation 2441 Milledgeville; corporate limits extended 2865 Milledgeville; corporate limits extended 3003 Milledgeville; zoning 2697 Monroe; corporate limits extended 2418 Moultrie; corporate limits extended 2830 Moultrie; utility systems 3473 Mt. Vernon; corporate limits 2687 Mountain View; charter 2518 North West Point; charter 3423 Perry; election of mayor and councilmen 2617 Pine Lake; elections 3482 Pineview; ad valorem tax 2568 Pooler; charter amended 2479 Pooler; corporate limits 2530 Richland; eminent domain 2863 Rincon; election hours 2591 Ringgold; qualified voters 3458 Riverdale; charter 2205 Roberta; corporate limits extended 2374 Rome; corporate limits extended 3104 Rome; retirement system amended 2940 Royston; charter amended 2556 St. Marys; charter amended 2426 St. Marys; street closings authorized 2435 Sandersville; corporate limits extended 3067 Savannah; civil service system amended 2068 Savannah; election and terms of mayor, aldermen and recorder 2028, 2032 Savannah; recorder 2030 Savannah; sale of land to Taliaferro Baptist Church 2821 Smyrna; charter amended 2003 Smyrna; corporate limits extended 2265 Statesboro; utility systems 2733 Stone Mountain; city clerk and police 2690 Thunderbolt; zoning 3091 Tignall; charter 2147 Valdosta; corporate limits 3295 Vidalia; Vidalia Development Authority; proposed amendment to the Constitution 426 Villa Rica; corporate limits extended 2278 Warner Robins; charter amended 2510

Page 3612

Warner Robins; charter amended 2699 Waynesboro; ad valorem tax 2280 West Point; licenses 2140 Whitesburg; police court 2877 Winder; corporate limits extended 3100 Winder; real property evaluation 3037 Winder; recorder 2985 MUNICIPAL CORPORATIONSBY POPULATION. Fire department pensions in cities of more than 150,000 3097 Joint city-county board of tax assessors in counties having city of more than 300,000 3466 Pension system in cities of more than 150,000 2589 Pension system in cities of more than 150,000 3376 Police department pensions in cities of more than 150,000 3379 Tax assessments in counties having city of 300,000 or more 3361 Zoning and planning in cities of 300,000 or more 3356, 3422 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to W. W. Armistead 2579 Compensation to B. B. Beverage Company 3042 Compensation to A. C. Bennett and Mamie Bennett 2574 Compensation to Ernest and Dorothy Brooks 2572 Compensation to T. W. Christian 3058 Compensation to Ralph Cleveland 3236 Compensation to Mr. Carlton Coleman and Mrs. Evelyn Law Thomas 2570 Compensation to Dr. Hess and Clark, Inc. 2722 Compensation to Horace Evans, Sr. 2379 Compensation to Lincoln Fortune 2382 Compensation to Fountain's Dry Cleaners and Laundry, Inc. 3053 Compensation to Early T. Grant and John A. Willding 3048 Compensation to Walker Harris 2914 Compensation to Mrs. Henry C. Hill 3050 Compensation to Emil Kalock 3060 Compensation to Jackson Electric Membership Cooperative 2577 Compensation to Mrs. W. A. Johnson 3051 Compensation to T. Q. Jones and Mrs. Vallie Jones 2720 Compensation to Leon Lewis 2911 Compensation to Mrs. Lillian Lord 2578 Compensation to Hal S. Martin 2571 Compensation to Mrs. Ann H. Meyer 3047 Compensation to Dr. John Mooney 3044 Compensation to W. S. Mooneyham 3056 Compensation to Preston Morris 3043 Compensation to C. B. Price 3062 Compensation to Quante Plumbing and Heating Company 3057 Compensation to Nolin Burl Randolph 3049 Compensation to Hal Saunders, Jr. 3045 Compensation to W. E. Sheppard 2724

Page 3613

Compensation to Felton Smallwood 2573 Compensation to George B. Stoffragen 2576 Compensation to Charlie B. Swint 3061 Compensation to Theolia F. Todd 2912 Compensation to George H. Verner, Arthur E. Verner and Miss Anne Verner 2575 Compensation to Daniel H. Walker 2913 Compensation to J. D. Walker 2910 MISCELLANEOUS RESOLUTIONS. Accrediting of high schools 128 Aid to farmers; memorial to Congress 131 All-South Centennial Committee 634 Armour Company commended 2380 Attorney-General of U. S. censured 126 Automotive Training School at Atlanta General Depot 399 Hon. W. A. Blasingame member of State Highway Board 3 J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties 2723 Chapel in State Capitol 122 Cloudland Canyon State Park, land exchanges 396 Colonel Benjamin Hawkins Bridge designated 478 Committee rooms and offices for General Assembly 671 Committee to confer with other States as to common problems 110 Committee to negotiate with Alabama committee as to boundaries 125 Compensation resolutions pending in General Assembly 466 Conveyance of islands in Savannah and Tugaloo Rivers to U. S. 414 Conveyance of land in Camden County to Federal Government 270 Conveyance of land in Camden County to King's Bay Ammunition Loading Terminal 412 Conveyance of land in Pulaski County to Town Creek Country Club 457 Conveyance of land to Pierce County 158 Committee to study income tax laws 658 Disposition of plates, appellate court reports 633 Dr. Lester Neville Bridge designated 359 Hon. John H. Druffel commended 2381 Exchange of lands in Pulaski County 459 Federal Aid for Education Bill 397 Federal Aid for Education Bill 815 Honorable John J. Flynt, Jr., commended 3486 General Ezekiel Wimberly Bridge designated 640 Governor and Mrs. Marvin Griffin commended for renovation of Mansion 820 Grant of easement to Okefenokee Rural Electric Membership Corporation 256 Harrell Highway designated 470 Hospital Care Study Commission created 660 Institute of Law and Government commended 350 Interposition resolution 642

Page 3614

Jekyll Island study committee 819 Joint Economy Committee report, implementation of 255 Judge I. Homer Sutton Bridge designated 262 Land conveyance to Richmond County 813 Law books to Calhoun Superior Court 2778 Law books to Ordinary of Clarke County 2779 Law books to Clayton Superior Court 2780 Law books to Douglas County 3420 Law books to Forsyth Superior Court 3421 Law books to Franklin Superior Court 2377 Law books to Ordinary of Harris County 2580 Law books to City Court of Hinesville 3418 Law books to Randolph Superior Court 3046 Law books to Ordinary of Randolph County 2909 Law books to Rockdale Superior Court 3487 Law books to Superior Court and to Ordinary of Stewart County 3054 Hon. Roger H. Lawson a member of State Highway Board 4 Lease of property in Chatham County for Georgia Air National Guard armory 260 Microfilming State records, study of expense 668 National Guard armory in City of Calhoun 665 National Junior Chamber of Commerce commended 2378 Port facilities in Decatur County 457 Port facilities in Glynn County 481 Port facilities in Richmond County 145 Preservation of battle flags of Confederacy 351 Reconveyance of land to City of Calhoun 664 Sale of land in Forsyth and Dawson Counties to Robert Latham 268 Sale of old Georgia National Guard armory site in Milledgeville 266 Southern Forest Fire Prevention Conference endorsed 2719 Space for General Assembly in Capitol 816 Spoilage easement to Barnwell Island 654 Study of advisability of State printing office 650 Study of Legislative Economy Committee's recommendations as to prison industries program 651 Surplus agricultural commodities 821 Suspension of certain license and examination fees (loan companies) 648 Tobacco allotments, leasing 141 Hon. Carl Vinson commended 2718

Page 3615

INDEX A ABANDONMENT Illegitimate children covered; Code 74-9902 amended 800 Trial on accusation 337 ABSENTEE VOTING. See Elections. ACTIONS Actions in which State party 625 ACWORTH Mayor and aldermen 3119 ADOPTION Petition for; adoption declared null and void, when 695 ADRIAN Corporate limits 2781 AGRICULTURE Aid to farmers; memorial to Congress; a resolution 131 Certified Public Weighers Act amended 334, 631 Commercial feed and feeding stuffs; Act of 1945 amended 346 Egg weight and size classifications; license of candlers and graders 21 Farmers' markets, closing and disposition 503 Farmers' markets, cull produce 215 Farmers' markets; leases 45 Georgia Seed Law 217 Livestock and Poultry Disease Control Board 247 Livestock auction sales 501 Meat, poultry and dairy processing plants 748 Milk dealers, inspection 604 Pen-raised quail for commercial purposes 48 Sale of meat, meat products, fish and poultry by weight 75 Seed, plant and variety certification 16 Surplus agricultural commodities; a resolution 821 Tobacco allotments; leasing 141 AGRICULTURAL PRODUCTS Dealers, license and control 617

Page 3616

AILEY Corporate limits; election of mayor and council 2692 ALBANY Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Albany and Dougherty County sewerage system; proposed amendment to the Constitution 424 City employees 2824 Promotion of industries; proposed amendment to the Constitution 128 Qualified voters 2258 Retirement system amended 2762 Taxation; Code 92-4101 amended 89 ALLENTOWN Charter 3385 Charter repealed 2943 ALL-SOUTH CENTENNIAL COMMITTEE Creating resolution 634 AMBULANCE SERVICE Contracts to furnish in future to be construed as health and accident insurance contracts 297 AMERICAN EXPERIENCE MORTALITY TABLES Evidence as to life expectancy 68 AMERICUS Advertising 3461 Americus-Sumter County planning commission 2658 Charter amended 2292 ARMISTEAD, W. W. Compensation to W. W. Armistead for injuries 2579 ARMOUR COMPANY Commending resolution 2380 ARREST BOND CERTIFICATES Guaranteed arrest bond certificates 338

Page 3617

ARRESTS Commitment after arrest, with and without warrant; Code 27-210, 27-212 amended 796 APPROPRIATIONS General Appropriations Act 753 ATHENS Firemen's pension system amended 2715 Land conveyance authorized 2416 Street closing authorized 2695 Water and sewer mains 2485 ATKINSON COUNTY Commissioners 2252 ATLANTA Board of education budget 3436 Charter amended (policemen, temporary employment of pensioners, mayor's assistant, standing committees, corporate limits, water mains) 2533 Charter amended 2815 Election managers; corporate limits 3433 Indebtedness; proposed amendment to the Constitution 360 Municipal court, waterworks 3368 Parks 3490 Recreation facilities 3035 Revenue anticipation certificates; proposed amendment to the Constitution 257 Salaries of mayor and aldermen 2743 ATLANTA GENERAL DEPOT Automotive Training School; a resolution 399 ATLANTA JUDICIAL CIRCUIT Additional judges 274 Solicitor-General and assistants 91 Term of judges; proposed amendment to the Constitution 636 ATTORNEY-GENERAL OF U. S. Censured; a resolution 126 AUBURN Officers and employees 3122

Page 3618

AUCTIONS Livestock auction sales 501 AUGUSTA Augusta-Richmond County board of tax assessors; proposed amendment to the Constitution 453 Land conveyance to Sears Roebuck Company authorized 2406 AUTOMOBILE BRAKE FLUID Sales regulation 237 AUTOMOBILES. See Drivers' Licenses; Motor Vehicles. License tags for disabled veterans 336 Motor Vehicle Safety Responsibility Act amended 543 AUTOMOTIVE TRAINING SCHOOL School at Atlanta General Depot; a resolution 399 AVONDALE ESTATES Charter amended 2703 B B. B. BEVERAGE COMPANY Compensation for injuries; a resolution 3042 BAINBRIDGE, CITY COURT OF Procedure rules 3495 BALDWIN COUNTY Commissioners 2725 Zoning and planning 2082 BANKS AND BANKING Voting stock in banks and bank holding companies 309 BANKS COUNTY Sheriff's compensation 2056 BAPTIST CHURCH AT BUCK HEAD (BURKE COUNTY) Charter amended 2487

Page 3619

BARBERS Barber and beautician examiners; Code Ch. 84-4 amended 316 BARFIELD, J. C. J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties; a resolution 2723 BARNWELL ISLAND Spoilage easement to U. S.; a resolution 654 BARROW COUNTY Commissioners, election and compensation of chairman 2062 BASTARDY Trial on accusation 337 BAXLEY Corporate limits extended 2609 BAXLEY, CITY COURT OF Comprehensive Act 3319 BEAUTICIANS Barber and beautician examiners; Code Ch. 84-4 amended 316 BENNETT, A. C. AND MAMIE Compensation for injuries; a resolution 2574 BERKELEY LAKE Charter 2805 BEVERAGES License and control of manufacture and sale of bottled soft drinks 611 BILLIARD ROOMS Licenses; Code 84-9925 amended 610 BIRTH CERTIFICATES Petition to secure 791

Page 3620

BLASINGAME, HON. W. A. Member of State Highway Board; a resolution 3 BLIND PERSONS Vending stands 52 BOARD OF SOCIAL SECURITY Director's salary 579 BOARDS OF EDUCATION. See Names of Counties and Cities. Compensation, expenses, attorney in counties of 5,970 to 6,008 3460 Compensation of members in counties of 4,815 to 4,950 3484 Compensation of members in counties of 24,200 to 24,300 3504 Per diem of members in counties of 3585 to 3700 3267 BONDS Counties, performance bonds; Code 23-170523-1709 amended 340 Guaranteed arrest bond certificates 338 BOTTLED SOFT DRINKS License and control of manufacture and sales 611 BOUNDARIES Committee to negotiate with Alabama committee; a resolution 125 Survey of disputed county lines; Code 23-407 amended 192 BRAKE FLUID Sales regulation 237 BREMEN School tax 3063 BRIDGES Colonel Benjamin Hawkins Bridge designated; a resolution 478 Dr. Lester Neville Bridge designated; a resolution 359 General Ezekiel Wimberly Bridge designated; a resolution 640 Judge I. Homer Sutton Bridge designated; a resolution 262 BROOKS, ERNEST AND DOROTHY Compensation for injuries; a resolution 2572

Page 3621

BROKERS. See Real Estate Brokers. BROOKS COUNTY Board of education; proposed amendment to the Constitution 417 BRUCE, J. T. J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties; a resolution 2723 BRUNSWICK Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 471 Brunswick and Glynn County sewerage system; proposed amendment to the Constitution 442 Charter amended 2336 Port facilities; proposed amendment to the Constitution 421 Port facilities; proposed amendment to the Constitution 476 BUFORD, CITY COURT OF Clerk's salary 3485 BUILDING AND LOAN ACT Payment of value of shares to incompetent; Code 16-440 amended 628 BYRON Corporate limits 2026 C CAIRO Corporate limits extended 2384 CALHOUN Reconveyance of land to; a resolution 664 CALHOUN COUNTY Law books to Superior Court of Calhoun County; a resolution 2778 CAMDEN SUPERIOR COURT Assistant solicitor 2410

Page 3622

CAMILLA Street closing authorized 2250 Treasurer 2546 CAPITOL Chapel in State Capitol; a resolution 122 Space for General Assembly; a resolution 816 CARRIERS See Common Carriers. CARROLL COUNTY Compensation of commissioner and clerk 2872 Tax commissioner 3504 CARTRIDGES. See Taxation. CATOOSA COUNTY Board of utilities commissioners 3499 CEDARTOWN Parking facilities 2065 Street and sidewalk improvements 2319 CERTIFIED PUBLIC WEIGHERS Act of 1949 amended 334, 631 CHAPELS Chapel in State Capitol; a resolution 122 CHARLTON COUNTY Compensation of commissioners 2786 CHATHAM COUNTY Civil service system 2456 Extension of industrial areas; proposed amendment to the Constitution 352 Mosquito control; proposed amendment to the Constitution 267 CHATSWORTH Corporate limits 3476 CHATTAHOOCHEE JUDICIAL CIRCUIT Additional judge 299

Page 3623

CHATTOOGA CITY COURT Juries 2396 CHATTOOGA COUNTY Commissioner 2899 Purchases 2929 CHEROKEE COUNTY Fee system 3625 Salaries, Act of 1953 repealed 3124 School superintendent; proposed amendment to the Constitution 117 School system; proposed amendment to the Constitution 133 CHILDREN. See Abandonment; Adoption; Parent and Child; Torts. CHRISTIAN, T. W. Compensation for injuries; a resolution 3058 CHIROPODY Practice; 84-603, 84-604, 84-608, 84-609, 84-611 amended 242 CHURCHES. See Baptist Church at Buck Head. CITY COURT OF BAINBRIDGE Procedure rules 3495 CITY COURT OF BAXLEY Comprehensive Act 3319 CITY COURT OF BUFORD Clerk's salary 3485 CITY COURT OF CHATTOOGA COUNTY Juries 2396 CITY COURT OF DECATUR Abolished 2932

Page 3624

CITY COURT OF DECATUR Judge's salary 3076 Practice and procedure 2655 CITY COURT OF DUBLIN Amendments 3028 Compensation of judge and of solicitor 2870 CITY COURT OF HINESVILLE Law books to; a resolution 3418 CITY COURT OF JEFFERSON Compensation of judge and of solicitor 2887 CITY COURT OF LEXINGTON Judge's compensation 3365 CITY COURT OF NEWNAN Judge's compensation 2489 CITY COURT OF SANDERSVILLE Judge, solicitor 3463 CITY COURT OF WAYNESBORO Clerk's fees 2290 CITY COURTS Abolished in counties of 22,700 to 23,400 2587 CIVIL COURT OF DEKALB COUNTY Amendments 2766, 3137 Amendments 3271 CLARKE COUNTY Fire, sanitation and sewerage districts 3089 Law books to ordinary; a resolution 2779 CLARKESVILLE Charter 2298

Page 3625

CLAY COUNTY Court of ordinary 3001 CLAYTON Lease of golf course property 2084 CLAYTON COUNTY Commissioners 3072 Law books to superior court; a resolution 2780 CLAYTON JUDICIAL CIRCUIT Creating Act 95 CLEVELAND, RALPH Compensation for injuries; a resolution 3236 CLOUDLAND CANYON STATE PARK Exchange of lands; a resolution 396 COBB COUNTY Paving; proposed amendment to the Constitution 363 Zoning and planning 2006 COLBERT Charter amended 2133 COLEMAN, CARLTON Compensation for injuries; a resolution 2570 COLLEGE PARK Charter amended 2922 Corporate limits extended 2744 Wards 3083 COLQUITT COUNTY Compensation of officials 2399 Tax commissioner 2403 Water districts 3307 Waterworks, sewerage, sanitation, and fire protection 2477

Page 3626

COLUMBUS Conveyance of part of Bay Avenue authorized 2261 Corporate limits extended 2386 Water commissioners 2525 COMMERCE, DEPARTMENT OF Board of commissioners 46 COMMISSIONER OF AGRICULTURE Salary; Code 5-105 amended 375 , 376 COMMON CARRIERS Waiting rooms for passengers 673 , 685 COMPTROLLER GENERAL Powers of Deputy Comptroller General; Code 40-1505 amended 802 CONDEMNATION. See Eminent Domain . CONFEDERATE STATES OF AMERICA Battle flags, preservation; a resolution 351 CONSTITUTION Method of amendment; proposed amendment to the Constitution 637 CONTINUANCES Cases where Attorney General is of counsel 700 CONTRABAND. See Revenue Stamps . CONTRACTORS' BONDS. See Bonds . CONVICTS. See State Board of Corrections . CONYERS Charter amended 2752 Corporate limits 2907 Recorder's court 2430 CORDELE Commissioners; city manager 2349

Page 3627

CORPORATIONS. See Banks and Banking; Insurance Companies . CORRECTIONS, STATE BOARD OF Comprehensive Act 161 COUNTIES Intercounty improvements, use of convicts; Code 23-1804 amended 161 Performance bonds; Code 23-170523-1709 amended 340 Removal of school superintendents; Code 32-1008 amended 629 Survey of disputed county lines; Code 23-407 amended 192 Suspension of county school superintendents; Code 32-912 amended 747 COUNTY RECORDS Committee to study preservation of State and county records 365 COURT OF APPEALS Reports, disposition of plates; a resolution 633 Review of juvenile court judgments; proposed amendment to the Constitution 652 COVINGTON Corporate limits 2507 COVINGTON MILLS Charter revoked 2433 CREDIT UNIONS Borrowing; fidelity bond; entrance fees, transfer fees and charges; reports, examinations, etc.; Code Ch. 25-1 amended 742 CRIMINAL COURT OF FULTON COUNTY Judges' salary 3040 CRISP COUNTY School system; proposed amendment to the Constitution 111

Page 3628

D DALLAS Charter 2947 DALTON Charter amended 2093 Corporate limits extended 2354 School system 2086 DAWSON Charter amended (officers; taxes; water, light, and gas commission) 2515 Charter amended (officers; tax rate; water, light and gas commission) 2454 DEBT ADJUSTING Comprehensive Act 797 DECATUR, CITY COURT OF Abolished 2932 Judge's salary 3076 Practice and procedure 2655 DEEDS TO SECURE DEBT Foreclosure 716 DEKALB COUNTY Board of education, election 2707 Commissioners 3237 Merit system 3111 Planning commission 3332 Salaries of elective county officials 2915 DEKALB COUNTY, CIVIL COURT OF Amendments 2766 , 3137 DENTISTRY Unauthorized practice, injunction; Code 84-702 amended 25 DENTISTS Licensing of dentists of other States; Code 84-710 amended 372

Page 3629

DEPARTMENT OF COMMERCE Board of commissioners 46 DEPARTMENT OF PUBLIC SAFETY Duties of uniform division (trash on public roads or property) 579 Enforcement of segregation 605 Salaries of officers and troopers 687 Uniform division 573 DEPARTMENT OF STATE PARKS Powers and duties 793 DEPARTMENT OF VETERANS' SERVICE Director's compensation 160 DISABLED PERSONS Vending stands 52 DIVORCE Decree, when final; Code 30-101 amended 405 Relief from disabilities; Code 30-123 amended 572 Trial term 68 DR. HESS AND CLARK, INC. Compensation for injuries; a resolution 2722 DOUGHERTY COUNTY Albany and Dougherty County sewerage system; proposed amendment to the Constitution 424 Albany-Dougherty County sewerage system; proposed amendment to the Constitution 467 Building permits; proposed amendment to the Constitution 119 Fire protection 2598 Paving; proposed amendment to the Constitution 139 Promoted of industries; proposed amendment to the Constitution 146 Tax commissioner's assistants 2494 DOUGLAS Charter amended (ordinances) 2495 Corporate limits extended 2444 , 2490

Page 3630

DOUGLAS COUNTY Law books to; a resolution 3420 Zoning 2581 DRIVERS' LICENSES Duplicate license for veterans 626 Issue after previous revocation 624 Revocation 674 DRUFFEL, HON. JOHN H. Commending resolution 2381 DRUGS Oral prescriptions, Uniform Narcotic Drug Act amended 19 Sale in vending machines; Code 84-1317 amended 724 Veterinary use of sulfanilamide and sulfonamide drugs 345 DUBLIN Elections 3267 School tax 2771 DUBLIN, CITY COURT OF Amendments 3028 Compensation of judge and of solicitor 2870 DUDLEY Promotion of industries; proposed amendment to the Constitution 410 E EASEMENTS Spoilage easement to Barnwell Island; a resolution 654 EAST DUBLIN Recorder's court 3357 Tax returns 2802 EASTERN JUDICIAL CIRCUIT Additional judge 101 EATONTON Social security, eminent domain, municipal property 2359

Page 3631

EDUCATION. See Schools . Election of teachers, minimum foundation program amended 312 Federal Aid for Education Bill; a resolution 397 Federal Aid for Education Bill; a resolution 815 EGGS Weight and size classifications; license of candlers and graders 21 ELBERT SUPERIOR COURT Terms 570 ELECTIONS Absentee voting; Code 34-3301-34-3303, 34-3307 amended 682 Absentee voting by members of military 697 Election of members of General Assembly 159 Hours in counties of 118,026 to 118,100 2081 Solicitation of votes near polling places 333 ELECTRICIANS Qualified electricians in counties of 85,000 to 90,000 3288 ELECTROCUTIONS Code 27-2513 amended 161 Code 27-2515 amended 161 EMINENT DOMAIN School systems 100 EMPLOYEES' RETIREMENT SYSTEM Court of record; transfer from solicitors-general retirement system; employees of General Assembly; service in armed forces; Division A of system 54 State Office Building Authority employees included 277 EMPLOYMENT SECURITY LAW Amendments; Code Ch. 54-6 amended 481 ENGINEERS Board of Registration for Professional Engineers and Surveyors; Act of 1945 amended 679 License renewal fee 601

Page 3632

EVANS, HORACE Compensation for injuries; a resolution 2379 EVIDENCE American Experience Mortality Tables as evidence of life expectancy 68 EXECUTIONS. See Electrocutions; Levy and Sale . EYEGLASSES. See Opticians . F FARM AID Memorial to Congress; a resolution 131 FARMERS' MARKETS Closing and disposition 503 Cull produce 215 Leases 45 FAYETTE COUNTY Tax commissioner 2022 FEDERAL ATTORNEY GENERAL Censured; a resolution 126 FEEDING STUFFS. See Agriculture . FELONIES Sentences on plea of guilty of capital felony 737 FIREMEN. See Pensions . FIREWORKS Sales, displays (insurance, bond) 732 FIRING OF WOODS, LANDS, ETC. Acts amended, various Code sections repealed 737 Notice of intention to burn, county action 382 FIRES Lookout tower sites 377

Page 3633

FISH Game and Fish Act of 1955 amended 590 Minnows, live fish and fish eggs used as bait 231 Sale by weight 75 FITZGERALD Civil service; insurance 3007 FLAGS Battle flags of Confederacy, preservation; a resolution 351 State flag; Military Forces Reorganization Act amended 38 FLOYD COUNTY Board of education, compensation of members 3469 Fee system abolished 2754 Street lights; proposed amendment to the Constitution 474 Utility systems 3093 FLYNT, HON. JOHN J. Resolution commending 3486 FOODS Georgia Food Act; Code Ch. 42-1, 42-3, 42-99 amended 195 FORECLOSURES. See Deeds to Secure Debt . FOREST FIRE PREVENTION CONFERENCE Resolution endorsing 2719 FOREST FIRES Firing of woods, lands, etc.; Acts amended, various Code Sections repealed 737 FOREST PARK Charter amended 2040 FORESTERS License renewal fee 691 FORESTRY Fire lookout tower sites 377

Page 3634

FORSYTH SUPERIOR COURT Law books to; a resolution 3421 FORTUNE, LINCOLN Compensation for injuries 2382 FOUNTAIN'S DRY CLEANERS LAUNDRY, INC. Compensation for injuries; a resolution 3053 FRANKLIN COUNTY Commissioner 2603 Law books to superior court; a resolution 2377 FRANKLIN SPRINGS Corporate limits 3117 FRANKLIN SUPERIOR COURT Terms 570 FULLERVILLE Charter surrendered 2334 FULTON COUNTY Judges' and solicitor-general's retirement system 2991 Judges' and solicitor-general's retirement system 3069 Pension system amended 3098 Salaries of deputies 2677 Sheriff's salary 2813 FULTON COUNTY, CIVIL COURT OF Amendments 3271 FULTON COUNTY, CRIMINAL COURT OF Judges' salary 3040 FULTON SUPERIOR COURT Compensation of judges 541 G GAINESVILLE Charter amended 2847 Street improvements 2539

Page 3635

GAME AND FISH Act of 1955 amended 590 GARBAGE. See Highways . GARBAGE FEEDING OF LIVESTOCK Act of 1953 amended 85 GAS, NATURAL Intrastate pipeline systems 104 GENERAL APPROPRIATIONS ACT 753 GENERAL ASSEMBLY Committee rooms and offices; a resolution 671 Committee to confer with other States as to common problems; a resolution 110 Committee to negotiate with Alabama committee as to boundaries; a resolution 125 Distribution of laws and journals; Code 101-207 amended 804 Election of members 159 Jekyll Island study committee; a resolution 819 Joint Economy Committee report, implementation of; a resolution 255 Pending compensation resolutions 446 Space in Capitol; a resolution 816 GEORGETOWN Corporate limits 2020 GEORGIA AIR NATIONAL GUARD Lease of property in Chatham County for armory; a resolution 260 GEORGIA CITIZENS COUNCIL Act abolishing 236 GEORGIA NATIONAL GUARD Armory in Calhoun; a resolution 665 Sale of armory site in Milledgeville; a resolution 266 GILL, H. H. J. T. Bruce, J. C. Barfield and H. H. Gill relieved as sureties; a resolution 2723

Page 3636

GLASCOCK COUNTY Sheriff's expenses 3507 Tax commissioner 2058 GLYNN COUNTY Brunswick and Glynn County sewerage system; proposed amendment to the Constitution 442 Brunswick-Glynn County sewerage system; proposed amendment to the Constitution 471 Commissioners 2710 Homestead exemption; proposed amendment to the Constitution 253 Port facilities; proposed amendment to the Constitution 421 Port facilities; proposed amendment to the Constitution 476 GOVERNOR'S MANSION Governor and Mrs. Marvin Griffin commended for renovation; a resolution 820 GRANT, EARLY T. Compensation to Early T. Grant and John A. Willding for injuries; a resolution 3048 GRIFFIN, HON. MARVIN Governor and Mrs. Marvin Griffin commended for renovation of Mansion; a resolution 820 GRIFFIN Closing of part of North First Street 2498 Corporate limits extended 2412 , 2550 GWINNETT COUNTY Board of education; proposed amendment to the Constitution 810 Commissioners (county vehicles and machinery, audits, purchases) 2500 Compensation of sheriff, clerks of court, ordinary, etc.; fees, costs; audits 2535 Tax commissioner and treasurer 2502 H HABEAS CORPUS Return day; Code 50-107 amended 374

Page 3637

HABERSHAM COUNTY Commissioners 2077 HALL COUNTY Advisory referendums 3032 Fire protection; proposed amendment to the Constitution 461 Road and street improvements; proposed amendment to the Constitution 451 School system; proposed amendment to the Constitution 817 HANCOCK COUNTY Tax commissioner 2037 HAPEVILLE Charter amended 2791 HARRELL, HON. R. C. Harrell Highway designated; a resolution 470 HARRIS, WALKER Compensation for injuries; a resolution 2914 HARRIS COUNTY Law books to ordinary; a resolution 2580 HART COUNTY Board of finance 2356 HART SUPERIOR COURT Terms 570 HAWKINS, COLONEL BENJAMIN Colonel Benjamin Hawkins Bridge designated 478 HEARD COUNTY Board of education; proposed amendment to the Constitution 142 Commissioners 2346 HELEN Corporate limits 2999

Page 3638

HIAWASSEE Charter 3516 HIGH SCHOOLS. See Schools. HIGHWAY BOARD Hon. W. A. Blasingame a member; a resolution 3 Hon. Roger H. Lawson a member; a resolution 4 HIGHWAYS Harrell Highway designated; a resolution 470 Limited access highways in counties of 300,000 or more 3292 Parking on right-of-ways, advertisements, obstructions 615 Throwing of trash or garbage on public roads or property; duties of Department of Public Safety 579 HILL, MRS. HENRY C. Compensation for injuries; a resolution 3050 HINESVILLE, CITY COURT OF Law books to; a resolution 3418 HIRAM Charter 2620 HOG CHOLERA VIRUS Interstate shipments 42 HOGANSVILLE Corporate limits 2827,3078 HOSPITALS Hospital Care Study Commission created; a resolution 660 I IDEAL Corporate limits 2600 INCOME TAX Amended returns 357 Committee to study income tax laws; a resolution 658 Distributees on liquidation of corporation; Code 92-3120 amended 608

Page 3639

INDUSTRIAL LOANS License tax; Industrial Loan Act of 1955 amended 86 INSANE ASYLUM. See Milledgeville State Hospital. INSANE PERSONS Restoration to sanity; Code 35-236, 35-237 amended 585 INSURANCE. See Old-Age and Survivors Insurance Accident, sickness and hospitalization insurance 532 Approval of policy forms 279 Contracts to furnish ambulance service in future to be construed as health and accident insurance contracts 297 INSURANCE AGENTS Licensing 505 INSURANCE COMPANIES Deduction of retaliatory tax paid another State 790 Gross premium tax 391 Participation by policyholders in profits; Code 52-216 amended 278 Investments 306 INSTITUTE OF LAW AND GOVERNMENT Resolution commending 350 INTANGIBLES. See Taxation. INTERPOSITION Interposition resolution 642 INVESTMENTS. See Insurance Companies. IRWIN COUNTY Commissioners 2586 J JACKSON ELECTRIC MEMBERSHIP COOPERATIVE Compensation for damages 2577 JEFFERSON CITY COURT Compensation of judge and of solicitor 2887

Page 3640

JEKYLL ISLAND Study committee; a resolution 819 JENKINS COUNTY Tax commissioner's salary 2588 JESUP Charter amended 3302 JOHNSON, MRS. W. A. Compensation for injuries; a resolution 3051 JOHNSON SUPERIOR COURT Terms 378 JOINT ECONOMY COMMITTEE. See General Assembly. JONES, T. Q. AND MRS. VALLIE JONES Compensation for injuries; a resolution 2720 JUNIOR CHAMBER OF COMMERCE National Junior Chamber of Commerce commended; a resolution 2378 JURIES AND JURORS Examination; Code 59-720 amended 64 JUVENILE COURTS Act of 1951 amended (counties of 150,000 or more but less than 300,000) 69 Judgments, review by Supreme Court and Court of Appeals; proposed amendment to the Constitution 652 Jurisdiction as to adopted children 603 Practice of law by judges 799 Release or parole of juveniles committed to State training schools 527 K KALOCK, EMIL Compensation for injuries; a resolution 3060 KING'S BAY AMMUNITION LOADING TERMINAL Conveyance of land in Camden County to; a resolution 412

Page 3641

KINGSLAND Alley closings authorized 3470 KITE Charter amended 3157 L LABORERS' LIENS. See Liens. LAKE CITY Mayor and councilmen 3382 LAND CONVEYANCES Conveyance of islands in Savannah and Tugaloo Rivers to U. S.; a resolution 414 Conveyance of land in Camden County to King's Bay Ammunition Loading Terminal; a resolution 412 Conveyance of land in Camden County to Federal Government; a resolution 270 Conveyance of land to Pierce County authorized; a resolution 158 Conveyance of land to Richmond County; a resoluiton 813 Conveyance of land in Pulaski County to Town Creek Country Club; a resolution 457 Exchange of lands, Cloudland Canyon State Park; a resolution 396 Exchange of lands in Pulaski County; a resolution 459 Reconveyance of lands to City of Calhoun; a resolution 664 Sale of land in Forsyth and Dawson Counties to Robert Latham; a resolution 268 Sale of old Georgia National Guard armory site in Milledgeville; a resolution 266 LAND PROCESSIONERS Appointment; Code 85-1604 amended 326 LATHAM, ROBERT Sale of land in Forsyth and Dawson Counties to Robert Latham; a resolution 268 LAUNDRY Unclaimed laundry; Code 67-1906 repealed 718 LAURENS COUNTY Ordinary's compensation

Page 3642

LAW ENFORCEMENT OFFICERS Subsistence allowance 741 LAWRENCEVILLE Corporate limits extended 2875 LAWSON, HON. ROGER H. Member of State Highway Board; a resolution 4 LEASES. See Public Property . LEVY AND SALE Place, time and manner of sales; Code 39-1201 amended 701 LEWIS, LEON Compensation for injuries; a resolution 2911 LEXINGTON, CITY COURT OF Judge's compensation 3365 LIBEL Venue of actions against newspapers, magazines, etc. 4 LIBRARIAN. See State Librarian . LICENSES. See Agricultural Products; Automobiles; Barbers; Beverages; Billiard Rooms; Chiropody; Dentists; Drivers' Licenses; Electricians; Engineers; Foresters; Insurance Agents; Marriage; Meat; Milk; Nurses; Opticians; Osteopaths; Physicians; Poultry; Psychologists; Real Estate Brokers; Veterinarians . LIENS Laborers' and materialmen's liens; Code 67-2001, 67-2002 amended 185 Mechanics' and materialmen's liens; Code 67-1701, 67-2001, 67-2002 amended 562 LIMITED ACCESS HIGHWAYS. See Highways . LINWOOD Charter amended 2995

Page 3643

LIVESTOCK Auction sales 501 Commercial feeds and feedings stuffs, Act of 1945 amended 346 Compensation of veterinarian examining infectious diseases; Code 62-1011 amended 332 Concentrated feeding stuffs; Code Ch. 42-2 amended 293 Garbage feeding; Act of 1953 amended 85 Garbage feeding Act of 1953 amended (injunctions) 627 Livestock and Poultry Disease Control BoardCreating Act 247 LOAN COMPANIES Suspension of certain license and examinations fees; a resolution 648 LOANS Industrial Loan Act of 1955 amended; license tax 86 LONG COUNTY Ordinary's compensation 2881 LOOKOUT TOWERS Fire lookout tower sites 377 LORD, MRS. LILLIAN Compensation for injuries; a resolution 2578 LOUISVILLE Promotion of industries; proposed amendment to the Constitution 445 LOWNDES COUNTY Voting machines 3444 LULA Charter 3166 LUMPKIN COUNTY Tax commissioner's compensation 2741 Zoning 3497 LUMPKIN SUPERIOR COURT Terms 528

Page 3644

M MACON Anti-tubercular sanatarium 2883 Charter amended 2772 Closing of part of First Street authorized 2818 Closing of portion of Pine Street authorized 2729 Corporate limits 3125 Eminent domain 2936 Hospital commission 2783 Mayor and council 2736 Pension system amended 3146 Pensions in police and fire departments 2285 Police and fire departments 2143 Street closing ratified 2331 MACON COUNTY Board of education; proposed amendment to the Constitution 263 Commissioners, election 3286 Ordinary's compensation 3488 McDUFFIE SUPERIOR COURT Terms 60 McRAE Compensation of mayor and aldermen 2283 MADISON SUPERIOR COURT Terms 570 MAGAZINES Venue of libel actions against 4 MANCHESTER Corporate limits 2446 Taxation 2441 MANSION. See Governor's Mansion . MARION SUPERIOR COURT Terms 38 MARRIAGE Licenses; Code 53-201 amended 43

Page 3645

MARTIN, HAL S. Compensation for injuries; a resolution 2571 MATERIALMEN'S LIENS. See Liens . MEAT Meat, poultry and dairy processing plants; licensing and control 748 Sale by weight 75 MECHANICS' LIENS See Liens . MEDICINE. See Drugs; Hospitals; Physicians . MERIWETHER COUNTY Commissioner's compensation 2890 MEYER, MRS. ANN H. Compensation for injuries 3047 MICROFILMING Study of expense of microfilming State records; a resolution 668 MILK Meat, poultry and dairy processing plants; license and control 748 Inspection of milk dealers 604 MILLEDGEVILLE Corporate limits extended 2865, 3003 Zoning 2697 MILLEDGEVILLE STATE HOSPITAL Prisoners transferred by Board of Corrections 731 Transfer of patients from Training School for Mental Defectives 728 MILLER COUNTY Voting machines 2799 MINIMUM FOUNDATION PROGRAM. See Education . MINNOWS. See Fish .

Page 3646

MINORS Release or parole of juveniles committed to State training schools 527 MISDEMEANORS Punishment; Code 27-2506 amended 161 MONROE Corporate limits extended 2418 MONTGOMERY COUNTY Tax commissioner's compensation 2548 MOONEY, DR. JOHN Compensation for injuries; a resolution 3044 MOONEYHAM, W. S. Compensation for injuries; a resolution 3056 MORRIS, PRESTON Compensation for injuries; a resolution 3043 MORTALITY TABLES Admissibility of American Experience Mortality Tables in evidence 68 MOSQUITOES Control in Chatham County; proposed amendment to Constitution 267 MOTHERS Care of pregnant unmarried mothers 252 MOTOR VEHICLE SAFETY RESPONSIBILITY ACT Amendments 543 MOTOR VEHICLES Size and load limitations; Code 68-405 amended 83 MOULTRIE Corporate limits extended 2830 Utility systems 3473

Page 3647

MT. VERNON Corporate limits 2687 MOUNTAIN VIEW Charter 2518 MUNICIPAL CORPORATIONS Damage actions against, demand prerequisite; Code 69-308 amended. 183 MUSCOGEE COUNTY Fire protection districts 2760 N NARCOTICS Oral prescriptions, uniform narcotic Drug Act amended 19 NATURAL GAS. See Gas, Natural . NATUROPATHY Practice of 36 NEVILLE, DR. LESTER Dr. Lester Neville Bridge designated; a resolution 359 NEWNAN, CITY COURT OF Judge's compensation 2489 NEWSPAPERS Venue of libel actions against 4 NEWTON COUNTY Treasurer 2345 NORTH WEST POINT Charter 3423

Page 3648

NURSES License renewal fee, registered and undergraduate nurses; Code 84-1010, 84-1012 amended 691 Registration and examination fees of undergraduate and of registered nurses; Code 84-1007, 84-1010, 84-1012, 84-1015 amended 193 O OBSCENE PICTURES, BOOKS, ETC. Code 26-6301 amended 801 Code 26-6304 repealed 741 OFFICIALS, STATE Salaries; proposed amendment to the Constitution 669 OKEFENOKEE RURAL ELECTRIC MEMBERSHIP CORPORATION Grant of easement to; a resolution 256 OLD-AGE AND SURVIVORS INSURANCE Act of 1953 amended 576 OPTICIANS State Board of Dispensing Opticians 148 OPTOMETRY Defined; Code 84-1101 amended 94 ORDINARIES. See Names of counties . Microfilming of ordinary's records in counties of 100,000 to 114,000 3378 Retirement system amended 805 OSTEOPATHS License renewal fee; Code 84-1207 amended 691 P PARDON AND PAROLE BOARD Advisory staff 580 PARENT AND CHILD Parents' liability for child's wilful and wanton tort 699 Uniform Reciprocal Enforcement of Support Act 703

Page 3649

PARKS Act of 1943 repealed 578 Cabins in State parks; a resolution 673 Cloudland Canyon State Park, exchange of lands; a resolution 396 Disposal of parks and public recreational facilities 22 606 PARKS, DEPARTMENT OF Powers and duties 793 PEACE OFFICERS Subsistence allowance for law enforcement officers 741 PEACE OFFICERS' BENEFIT FUND Act amended 280 Forfeiture of benefits 314 PENSIONS. See Employees' Retirement System; Peace Officers' Benefit Fund; Teachers' Retirement System . Firemen's pension system amended 368 PERFORMANCE BONDS. See Bonds . PERRY Election of mayor and councilmen 2617 PHYSICIANS License renewal fee; Code 84-915 amended 691 PIEDMONT JUDICIAL CIRCUIT Reporter's salary 305 PIERCE COUNTY Board of education; proposed amendment to the Constitution 392 Conveyance of land to; a resolution 158 PINEVIEW Ad valorem tax 2568 PINE LAKE Elections 3482

Page 3650

PIPELINES SYSTEMS Intrastate natural gas systems 105 PISTOLS. See Taxation . PLANNING. See Zoning . PLANTS Seed, plant and variety certification 16 POLK COUNTY School superintendent; proposed amendment to the Constitution 123 POOLER Charter amended 2479 Corporate limits 2530 PORTS Facilities in Decatur County; a resolution 457 Facilities in Glynn County; a resolution 481 Facilities in Richmond County; a resolution 145 POULTRY. See Livestock and Poultry Disease Control Board . POULTRY Meat, poultry and dairy processing plants; licensing and control 748 Sale by weight 75 PRESCRIPTIONS Oral prescriptions for certain narcotic drugs; Uniform Narcotic Drug Act amended 19 PRICE, C. B. Compensation for injuries; a resolution 3062 PRINTING Study of advisability of State printing office; a resolution 650 PRISON INDUSTRIES Study of recommendations of Legislative Economy Committee; a resolution 651

Page 3651

PRISONERS. See State Board of Corrections . PRIVATE SCHOOLS. See Schools . PROBATION County probation officers in counties of 150,000 or more but less than 300,000 65 Statewide Probation Act 27 PROCESSIONERS Appointment; Code 85-1604 amended 326 PSYCHOLOGISTS License renewal fee 691 PUBLIC PROPERTY Leases of State property 728 Trespass on State-owned or operated property closed to public 9 PUBLIC RECREATION FACILITIES Disposal of 22 PUBLIC SAFETY DEPARTMENT Duties of Uniform division (trash on public roads or property) 579 Enforcement of segregation 605 Salaries of officers and troopers 687 Uniform division 573 PUBLIC SALE. See Auctions; Levy and Sale . PUBLIC SCHOOLS. See Schools . PUBLIC WEIGHERS. See Certified Public Weighers . PULASKI COUNTY Commissioner's salary 2845 PULASKI DEVELOPMENT COMPANY Exchange of lands in Pulaski County; a resolution 459 PURCHASES Purchases by employees of hospitals and other institutions [Illegible Text]

Page 3652

Q QUAIL Pen-raised quail for commercial purposes 48 QUANTE PLUMBING HEATING COMPANY Compensation for injuries; a resolution 3057 R RABUN COUNTY Tax commissioner's clerk 2138 RANDOLPH, NOLIN BURL Compensation for injuries; a resolution 3049 RANDOLPH COUNTY Law books to ordinary; a resolution 2909 Law books to superior court; a resolution 3046 REAL ESTATE BROKERS Licenses; Code 84-1401 amended 404 Nonresident, licenses; Code 84-1422 repealed 402 RECORDS Committee to study preservation of State and county records 365 Study of expense of microfilming State records; a resolution 668 RECREATIONAL FACILITIES Disposal of 22 , 606 REGISTERED NURSES. See Nurses . RETIREMENT. See Employees' Retirement System; Ordinaries; Peace Officers' Retirement System; Solicitors-General Retirement System; Teachers' Retirement System . Firemen's pension system amended 368 Judges of Superior Court Emeritus, Act amended 380 REVENUE STAMPS Forged stamps, seizure, etc., as contraband 786

Page 3653

RICHLAND Eminent domain 2863 RICHMOND COUNTY Augusta-Richmond Conty board of tax assessors; proposed amendment to the Constitution 453 Board of education 2891 Land conveyance to; a resolution 813 Tax commissioner 2362 RINCON Election hours 2591 RINGGOLD Qualified voters 3458 RIVERDALE Charter 2205 ROADS. See Highways . Road system in counties of 300,000 or more 3492 Work by prisoners; Code 95-804 amended 161 ROBERTA Corporate limits extended 2374 ROCKDATE COUNTY Tax commissioner's compensation 2035 ROCKDALE SUPERIOR COURT Law books to; a resolution 3487 ROME Corporate limits extended 3104 Retirement system amended 2940 ROME JUDICIAL CIRCUIT Solicitor-general and assistant 385 ROYSTON Charter amended 2556

Page 3654

ST. MARYS Street closings authorized 2435 Voters, taxation 2426 SANDERSVILLE Corporate limits extended 3067 SANDERSVILLE, CITY COURT OF Judge, solicitor 3463 SAUNDERS, HAL Compensation for injuries; a resolution 3045 SAVANNAH Civil service system amended 2068 Election and terms of mayor, aldermen and recorder 2028, 2032 Recorder 2030 Sale of land to Taliaferro Baptist Church 2821 SAVANNAH DISTRICT AUTHORITY Amendments 329 SAVANNAH RIVER Port facilities in Richmond County 145 SAVINGS AND LOAN ASSOCIATIONS Payment of value of share to incompetent; Code 16-440 amended 628 SCHOOL BUILDING AUTHORITY. See State School Building Authority. SCHOOL BUILDING AUTHORITY FOR THE DEAF AND BLIND Abolishing Act 806 SCHOOLS Accrediting of high schools; a resolution 128 Closing of public schools in county, city or independent school systems 6 Consolidation in counties of 8,500 to 8,600 2595

Page 3655

County school taxes in counties of not less than 300,000 2565 Eminent domain 100 Lease of public school property 10 Private schools, certificate of safety (fire hazards) 15 Removal of county school superintendents, Code 32-1008 amended 629 Suspension of county school superintendents; Code 32-912 amended 747 SEAFOOD. See Game and Fish. SEARS, ROEBUCK CO. Land conveyance by City of Augusta authorized 2402 SEEDS Georgia Seed Law 217 Seed, plant and variety certification 16 SEGREGATION Duties of Department of Public Safety 605 Interposition resolution 642 SENTENCES Concurrent or successive sentences; Code 27-2510 amended 161 Sentence on plea of guilty of capital felony 737 Statewide Probation Act 27 SERVICE Mail service of subpoenas on witnesses 63 SHEPPARD, W. E. Compensation for injuries; a resolution 2724 SHERIFFS. See Names of counties. Election in counties of 300,000 or more; Code 34-2601 amended 529 SMALLWOOD, FELTON Compensation for injuries; a resolution 2573 SMYRNA Charter amended 2003 Corporate limits extended 2265

Page 3656

SOCIAL SECURITY Coverage of officers and employees of political subdivisions; Act of 1953 amended 75 SOCIAL SECURITY BOARD Director's salary 579 SOFT DRINKS License and control of manufacture and sale of bottled soft drinks 611 SOLICITORS-GENERAL Assistant solicitor-general in certain circuits 735 Duties in aid of officials 719 SOLICITORS-GENERAL RETIREMENT SYSTEM Act of 1949 amended 251 SOUTHERN FOREST FIRE PREVENTION CONFERENCE Resolution endorsing 2719 SOUTHERN JUDICIAL CIRCUIT Judge's compensation 537 SPALDING COUNTY Agricultural agent and home demonstration agent 2895 Compensation of commissioners 2440 STATE BOARD OF CORRECTIONS Comprehensive Act 161 Prisoners transferred to Milledgeville State Hospital 731 STATE EMPLOYEES. See Purchases. Physical examination 808 STATE OFFICE BUILDING AUTHORITY Employees included in employees' retirement system 277 STATE BOUNDARIES Committee to negotiate with Alabama committee; a resolution 125

Page 3657

STATE CAPITOL Chapel in State Capitol; a resolution 122 STATE EMPLOYEES. See Employees' Retirement System; Subversive Activities Act. Trading with State 60 STATE FLAG Military Forces Reorganization Act amended 38 STATE HIGHWAY BOARD. See Highway Board. STATE LANDS. See Land Conveyances. STATE LIBRARIAN Distribution of law books; Code 101-205 amended 729 STATE OFFICIALS Compensation of ex officio officials 324 Salaries; proposed amendment to the Constitution 669 STATE PARKS, DEPARTMENT OF Powers and duties 793 STATE PATROL Duties 495 STATE PRINTING Study of advisability of State printing office; a resolution 650 STATE PROPERTY. See Public Property. STATE RECORDS Committee to study preservation of State and county records 365 Study of expense of microfilming; a resolution 668 STATE SCHOOL BUILDING AUTHORITY Leases 11 STATE TREASURER Payments on warrant of Deputy Comptroller General; Code [Illegible Text]

Page 3658

STATE WAREHOUSE ACT Amendments 688 STATESBORO Utility systems 2733 STEPHENS SUPERIOR COURT Grand juries 538 STEWART COUNTY Board of education; proposed amendment to the Constitution 463 Law books to superior court and to ordinary; a resolution 3054 Schools; proposed amendment to the Constitution 440 STOFFRAGEN, GEORGE B. Compensation for injuries; a resolution 2576 STONE MOUNTAIN City clerk and police 2690 STONE MOUNTAIN CIRCUIT Judges 496 SUBPOENAS Service on witnesses by mail 63 SUBVERSIVE ACTIVITIES ACT Questionnaires 67 SULFANILAMIDE Veterinary use of sulfanilamide and sulfonamide drugs 345 SUMTER COUNTY Americus-Sumter County planning commission 2658 Zoning 2682 SUPERIOR COURTS Clerk; duties; Code 24-2715 amended 677 Clerk's duties; Code 24-2714 amended 785 SUPPORT. See Parent and Child .

Page 3659

SUPREME COURT Reports, disposition of plates; a resolution 633 Review of juvenile court judgments; proposed amendment to the Constitution 652 SURVEYORS. See Engineers. SUTTON, HON. I. HOMER Judge I. Homer Sutton Bridge designated; a resolution 262 SWINT, CHARLIE B. Compensation for injuries; a resolution 3061 T TALIAFERRO BAPTIST CHURCH Sale of land to by Savannah 2821 TAX COMMISSIONERS. See Names of Counties. Compensation in counties of 5,900 to 5,951 3490 TAXATION. See Income Tax; Insurance. TAXATION. See Income Tax; Insurance Companies; Revenue Stamps. Intangible Property Tax Act amended 720 Tax on dealers in pistols and cartridges 734 TEACHERS Election, minimum foundation program amended 312 TEACHERS' RETIREMENT SYSTEM Benefits 789 Service retirement allowance 400 Teachers in privately operated nonsectarian schools; Code 32-2901 amended 13 THOMAS, MRS. EVELYN LAW Compensation for injuries; a resolution 2570 THOMAS COUNTY Board of education; proposed amendment to the Constitution 447 Fee system abolished 3159 Tax commissioner

Page 3660

THUNDERBOLT Zoning 3091 TIGNALL Charter 2147 TOBACCO Allotments, leasing; a resolution 141 TODD, THEOLIA F. Compensation for injuries 2912 TORTS. See Municipal Corporations. Parents' liability for child's wilful and wanton torts 699 Venue of libel actions against newspapers, magazines, etc. 4 TOURIST CAMPS Registration of guests 384 TOWN CREEK COUNTRY CLUB Conveyance of land in Pulaski County to; a resolution 457 TRAFFIC COURTS Courts in counties of more than 300,000; proposed amendment to the Constitution 415 TRAINING SCHOOL FOR MENTAL DEFECTIVES Transfer of patients to Milledgeville State Hospital 728 TRASH. See Highways. TREASURER. See State Treasurer. TRESPASS Entry on State-owned or operated property closed to public 9 TRIALS Term of trial in civil cases 68 TROUP COUNTY Compensation of commissioners 2788 Pension system amended 2423

Page 3661

U UNIFORM NARCOTIC DRUG ACT Oral prescriptions for certain narcotic drugs; Act amended 19 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT 703 UNION COUNTY Tax commissioner, office and hours 2452 U. S. ATTORNEY-GENERAL Censured; a resolution 126 UNMARRIED MOTHERS. See Mothers. V VALDOSTA Corporate limits 3295 VENDING MACHINES. See Drugs. VENDING STANDS Operation by disabled persons 52 VENUE Libel actions against newspapers, magazines, etc. 4 VERNER, GEORGE H., ARTHUR E. AND ANNE Compensation for injuries; a resolution 2575 VETERANS Automobile license tags for disabled veterans 336 Copies of vital statistics records furnished veterans 614 Duplicate driver's license 626 VETERANS' SERVICE, STATE BOARD OF Compensation of members 584 VETERANS' SERVICE, DEPARTMENT OF Director's compensation 160

Page 3662

VETERINARIANS Compensation of veterinarian examining cause of infectious diseases; Code 62-1011 amended 332 License renewal fee; Code 84-1505 amended 691 Use of sulfanilamide and sulfonamide drugs 345 VIDALIA Vidalia Development Authority; proposed amendment to the Constitution 426 VILLA RICA Corporate limits extended 2278 VINSON, HON. CARL Resolution commending 2718 VIRUS. See Hog Cholera Virus. VITAL STATISTICS Copies of records to veterans 614 Local registrar in counties of 300,000 or more 303 VOCATIONAL REHABILITATION Subrogation 373 W WAITING ROOMS. See Common Carriers. WALKER, DANIEL H. Compensation for injuries; a resolution 2913 WALKER, J. D. Compensation for injuries; a resolution 2910 WALTON COUNTY School system; proposed amendment to the Constitution 433 WAREHOUSES State Warehouse Act amended 687 WARM AIR HEATING EQUIPMENT ACT Applicable in counties of 6,008 to 6,079 676 Applicable in counties of 6,975 to 7,000 504

Page 3663

Applicable in counties of 15,784 to 16,500 3291 Applicable to counties of 27,786 to 29,000 328 Applicable to counties of 30,289 to 30,975 325 Applicable in counties of 34,500 to 36,500 406 Applicable in counties of 40,113 to 43,000 298 WARNER ROBINS Charter amended (mayor and council, wards) 2510 Charter amended 2699 WAYNESBORO Ad valorem tax 2280 WAYNESBORO CITY COURT Clerk's fees 2290 WEBSTER SUPERIOR COURT Terms 40 WEIGHERS. See Certified Public Weighers. WEST POINT Business licenses 2140 WHEELER COUNTY Sheriff's compensation 2844 Treasurer's bond 2897 WHITESBURG Police court 2877 WIFE-BEATING Trial on accusation 337 WILDLIFE RANGERS Compensation 349 WILLDING, JOHN A. Compensation for injuries; a resolution 3048 WIMBERLY, GENERAL EZEKIEL General Ezekiel Wimberly Bridge designated; a resolution 640

Page 3664

WINDER Corporate limits extended 3100 Real property evaluation 3037 Recorder 2985 WITNESSES Attendance, fees; Code 38-1501 amended 248 Service of subpoenas by mail 63 WORKMEN'S COMPENSATION Hearings regarding disagreements; Code 114-706 amended 725 WORKMEN'S COMPENSATION BOARD Salaries of members 367 Z ZONING. See Names of counties and cities. Zoning and planning ordinances in cities of 300,000 or more 3356 3422

Page 3665

POPULATION OF GEORGIA COUNTIES County 1950 1940 1930 1920 Appling 14,003 14,497 13,314 10,594 Atkinson 7,362 7,093 6,894 7,656 Bacon 8,940 8,096 7,055 6,460 Baker 5,952 7,344 7,818 8,298 Baldwin 29,706 24,190 22,878 19,791 Banks 6,935 8,733 9,703 11,814 Barrow 13,115 13,064 12,401 13,188 Bartow 27,370 25,283 25,364 24,527 Ben Hill 14,879 14,523 13,047 14,599 Berrien 13,966 15,370 14,646 15,573 Bibb 114,079 83,783 77,042 71,304 Bleckley 9,218 9,655 9,133 10,532 Brantley 6,387 6,871 6,895 Brooks 18,169 20,497 21,330 24,538 Bryan 5,965 6,288 5,952 6,343 Bulloch 24,740 26,010 26,509 26,133 Burke 23,458 26,520 29,224 30,836 Butts 9,079 9,182 9,345 12,327 Calhoun 8,578 10,438 10,576 10,225 Camden 7,322 5,910 6,338 6,969 Campbell 9,903 11,709 Candler 8,063 9,103 8,991 9,228 Carroll 34,112 34,156 34,272 34,752 Catoosa 15,146 12,199 9,421 6,677 Charlton 4,821 5,256 4,381 4,536 Chatham 151,481 117,970 105,431 100,032 Chattahoochee 12,149 15,138 8,894 5,266 Chattooga 21,197 18,532 15,407 14,312 Cherokee 20,750 20,126 20,003 18,569 Clarke 36,550 28,398 25,613 26,111 Clay 5,844 7,064 6,943 5,557 Clayton 22,872 11,655 10,260 11,159 Clinch 6,007 6,437 7,015 7,984 Cobb 61,830 38,272 35,408 30,437 Coffee 23,961 21,541 19,739 18,653 Colquitt 33,999 33,012 30,622 29,332 Columbia 9,525 9,433 8,793 11,718 Cook 12,201 11,919 11,311 11,180 Coweta 27,786 26,972 25,127 29,047 Crawford 6,080 7,128 7,020 8,893 Crisp 17,663 17,540 17,343 18,914 Dade 7,364 5,894 4,146 3,918 Dawson 3,712 4,479 3,502 4,204 Decatur 23,620 22,234 23,622 31,785 DeKalb 136,395 86,942 70,278 44,051 Dodge 17,865 21,022 21,599 22,540 Dooly 14,159 16,886 18,025 20,522 Dougherty 43,617 28,565 22,306 20,063 Douglas 12,173 10,053 9,461 10,477 Early 17,413 18,679 18,273 18,983 Echols 2,494 2,964 2,744 3,313 Effingham 9,133 9,646 10,164 9,985 Elbert 18,585 19,618 18,485 23,905 Emanuel 19,789 23,517 24,101 25,862 Evans 6,653 7,401 7,102 6,594 Fannin 15,192 14,752 12,969 12,103 Fayette 7,978 8,170 8,665 11,396 Floyd 62,899 56,141 48,677 39,841 Forsyth 11,005 11,322 10,624 11,755 Franklin 14,446 15,612 15,902 19,957 Fulton 473,572 392,886 318,587 232,606 Gilmer 9,963 9,001 7,344 8,406 Glascock 3,579 4,547 4,388 4,192 Glynn 29,046 21,920 19,400 19,370 Gordon 18,922 18,445 16,846 17,736 Grady 18,928 19,654 19,200 20,306 Greene 12,843 13,709 12,616 18,972 Gwinnett 32,320 29,087 27,853 30,327 Habersham 16,553 14,771 12,748 10,730 Hall 40,113 34,822 30,313 26,822 Hancock 11,052 12,764 13,070 18,357 Haralson 14,663 14,377 13,263 14,440 Harris 11,265 11,428 11,140 15,775 Hart 14,495 15,512 15,174 17,944 Heard 6,975 8,610 9,102 11,126 Henry 15,857 15,119 15,924 20,420 Houston 20,964 11,303 11,280 21,964 Irwin 11,973 12,936 12,199 12,670 Jackson 18,997 20,089 21,609 24,654 Jasper 7,473 8,772 8,594 16,362 Jeff Davis 9,299 8,841 8,118 7,322 Jefferson 18,855 20,040 20,727 22,602 Jenkins 10,264 11,843 12,908 14,328 Johnson 9,893 12,953 12,681 13,546 Jones 7,538 8,331 8,992 13,269 Lamar 10,242 10,091 9,745 Lanier 5,151 5,632 5,190 Laurens 33,123 33,606 32,693 39,605 Lee 6,674 7,837 8,328 10,904 Liberty 8,444 8,595 8,153 12,707 Lincoln 6,462 7,042 7,847 9,739 Long 3,598 4,086 4,180 Lowndes 35,211 31,860 29,994 26,521 Lumpkin 6,574 6,223 4,927 5,240 McDuffie 11,443 10,878 9,014 11,509 McIntosh 6,008 5,292 5,763 5,119 Macon 14,213 15,947 16,643 17,667 Madison 12,238 13,431 14,921 18,803 Marion 6,521 6,954 6,968 7,604 Meriwether 21,055 22,055 22,437 26,168 Miller 9,023 9,998 9,076 9,565 Milton 6,730 6,885 Mitchell 22,528 23,261 23,620 25,588 Monroe 10,523 10,749 11,606 20,138 Montgomery 7,901 9,668 10,020 9,167 Morgan 11,899 12,713 12,488 20,143 Murray 10,676 11,137 9,215 9,490 Muscogee 118,028 75,494 57,558 44,195 Newton 20,185 18,576 17,290 21,680 Oconee 7,009 7,576 8,082 11,067 Oglethorpe 9,958 12,430 12,927 20,287 Paulding 11,752 12,832 12,327 14,025 Peach 11,705 10,378 10,268 Pickens 8,855 9,136 9,687 8,222 Pierce 11,112 11,800 12,522 11,934 Pike 8,459 10,375 10,853 21,212 Polk 30,976 28,467 25,141 20,357 Pulaski 8,808 9,829 9,005 11,587 Putnam 7,731 8,514 8,367 15,151 Quitman 3,015 3,435 3,820 3,417 Rabun 7,424 7,821 6,331 5,746 Randolph 13,804 16,609 17,174 16,721 Richmond 108,876 81,863 72,990 63,692 Rockdale 8,464 7,724 7,247 9,521 Schley 4,036 5,033 5,347 5,243 Screven 18,000 20,353 20,503 23,552 Seminole 7,904 8,492 7,389 Spalding 31,045 28,427 23,495 21,908 Stephens 16,647 12,972 11,740 11,215 Stewart 9,194 10,603 11,114 12,089 Sumter 24,208 24,502 26,800 29,640 Talbot 7,687 8,141 8,458 11,158 Taliaferro 4,515 6,278 6,172 8,841 Tattnall 15,939 16,243 15,411 14,502 Taylor 9,113 10,768 10,617 11,473 Telfair 13,221 15,145 14,997 15,291 Terrell 14,314 16,675 18,290 19,601 Thomas 33,932 31,289 32,612 33,044 Tift 22,645 18,599 16,068 14,493 Toombs 17,382 16,952 17,165 13,897 Towns 4,803 4,925 4,346 3,937 Treutlen 6,522 7,632 7,488 7,664 Troup 49,841 43,879 36,752 36,097 Turner 10,479 10,846 11,196 12,466 Twiggs 8,308 9,117 8,372 10,407 Union 7,318 7,680 6,340 6,455 Upson 25,078 25,064 19,509 14,786 Walker 38,198 31,024 26,206 23,370 Walton 20,230 20,777 21,118 24,216 Ware 30,289 27,929 26,558 28,361 Warren 8,779 10,236 11,181 11,828 Washington 21,012 24,230 25,030 28,147 Wayne 14,248 13,122 12,647 14,381 Webster 4,081 4,726 5,032 5,342 Wheeler 6,712 8,535 9,149 9,817 White 5,951 6,417 6,056 6,105 Whitfield 34,432 26,105 20,808 16,897 Wilcox 10,167 12,755 13,439 15,511 Wilkes 12,388 15,084 15,944 24,210 Wilkinson 9,781 11,025 10,844 11,376 Worth 19,357 21,374 21,094 23,863

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MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1955-1956 Senators District Post Office Dr. C. L. Ayers 31st Toccoa D. B. Blalock 36th Newnan George B. Brooks 50th Crawford Homer L. Chance 51st Danville Edgar D. Clary, Jr. 29th Harlem N. C. Coffin 11th Cuthbert Jefferson L. Davis 42nd Cartersville W. K. Dean 40th Young Harris Charles E. Dews 9th Edison James M. Dykes 14th Cochran Glen Florence 39th Douglasville H. R. Garrett 53rd Quitman Willis Neal Harden 27th Commerce E. Girdean Harper 26th Griffin Walter Harrison 17th Millen Howell Hollis 24th Columbus Alva J. Hopkins, Jr. 4th Folkston Arthur E. Housley 32nd Dahlonega B. M. Jones 38th Dallas M. Brinson Jones 18th Wrens W. T. Jones 23rd Roberta Eugene Kelly 35th Monroe E. Roy Lambert 28th Madison W. Herschel Lovett 16th Dublin J. W. Mann 48th Cordele Dorsey R. Matthews 47th Moultrie James M. McBride 10th Leesburg C. Ernest McDonald 43rd Dalton G. Everett Millican 52nd Atlanta Walter B. Morrison 15th Mount Vernon Lawson Neel 7th Thomasville Howard T. Overby 33rd Gainesville Owen H. Page, Jr. 1st Savannah Arnold Parker 20th Milledgeville Tillman Paulk 45th Ocilla W. K. Ponsell 5th Waycross O. W. Raulerson 46th Patterson Reuben M. Reynolds 8th Bainbridge A. Cullen Richardson 13th Montezuma E. Doughty Ricketson 19th Warrenton Marvin C. Roop 37th Carrollton A. F. Seagraves 30th Hull Francis F. Shurling 21st Wrightsville William Burton Steis 25th Hamilton Joseph Barney Strickland 3rd Nahunta Thomas Toms 12th Georgetown A. Mell Turner 34th Decatur Lawton R. Ursrey 54th Hazlehurst Chas. F. Warnell 2nd Groveland Charles E. Waters 41st Ellijay J. L. Wetherington 6th Jasper, Florida John H. Wilkins 44th Trenton T. J. Wood 49th Bellville J. Kimball Zellner 22nd Forsyth

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MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictCHATHAM, Effingham OWEN H. PAGE, JR. Savannah Second DistrictBRYAN, McIntosh, Liberty CHAS. F. WARNELL Groveland Third DistrictBRANTLEY, Wayne, Long JOSEPH BARNEY STRICKLAND Nahunta Fourth DistrictCHARLTON, Glynn, Camden ALVA J. HOPKINS, JR. Folkston Fifth DistrictWARE, Atkinson, Clinch W. K. PONSELL Waycross Sixth DistrictECHOLS, Lowndes, Lanier J. L. WETHERINGTON Jasper, Florida Seventh DistrictTHOMAS, Grady, Mitchell LAWSON NEEL Thomasville Eighth DistrictDECATUR, Seminole, Miller REUBEN M. REYNOLDS Bainbridge Ninth DistrictCALHOUN, Early, Baker CHARLES E. DEWS Edison Tenth DistrictLEE, Dougherty, Worth JAMES M. McBRIDE Leesburg Eleventh DistrictRANDOLPH, Terrell, Clay N. C. COFFIN Cuthbert Twelfth DistrictQUITMAN, Stewart, Webster THOMAS TOMS Georgetown Thirteenth DistrictMACON, Schley, Sumter A. CULLEN RICHARDSON Montezuma Fourteenth DistrictBLECKLEY, Dooly, Pulaski JAMES M. DYKES Cochran Fifteenth DistrictMONTGOMERY, Wheeler, Toombs WALTER B. MORRISON Mount Vernon Sixteenth DistrictLAURENS, Treutlen, Emanuel W. HERSCHEL LOVETT Dublin Seventeenth DistrictJENKINS, Screven, Burke WALTER HARRISON Millen Eighteenth DistrictJEFFERSON, Richmond, Glascock M. BRINSON JONES Wrens Nineteenth DistrictWARREN, Taliaferro, Greene E. DOUGHTY RICKETSON Warrenton Twentieth DistrictBALDWIN, Hancock, Washington ARNOLD PARKER Milledgeville Twenty-First DistrictJOHNSON, Jones, Wilkinson FRANCIS F. SHURLING Wrightsville Twenty-Second DistrictMONROE, Butts, Lamar J. KIMBALL ZELLNER Forsyth Twenty-Third DistrictCRAWFORD, Peach, Taylor W. T. JONES Roberta Twenty-Fourth DistrictMUSCOGEE, Chattahoochee, Marion HOWELL HOLLIS Columbus Twenty-Fifth DistrictHARRIS, Upson, Talbot WILLIAM BURTON STEIS Hamilton Twenty-Sixth DistrictSPALDING, Clayton, Fayette E. GIRDEAN HARPER Griffin Twenty-Seventh DistrictJACKSON, Barrow, Oconee WILLIS NEAL HARDEN Commerce Twenty-Eighth DistrictMORGAN, Jasper, Putnam E. ROY LAMBERT Madison Twenty-Ninth DistrictCOLUMBIA, Lincoln, McDuffie EDGAR D. CLARY, JR. Harlem Thirtieth DistrictMADISON, Elbert, Hart A. F. SEAGRAVES Hull Thirty-First DistrictSTEPHENS, Habersham, Franklin DR. C. L. AYERS Toccoa Thirty-Second DistrictLUMPKIN, Dawson, White ARTHUR E. HOUSLEY Dahlonega Thirty-Third DistrictHALL, Forsyth, Banks HOWARD T. OVERBY Gainesville Thirty-Fourth DistrictDEKALB, Gwinnett, Rockdale A. MELL TURNER Decatur Thirty-Fifth DistrictWALTON, Henry, Newton EUGENE KELLY Monroe Thirty-Sixth DistrictCOWETA, Meriwether, Pike D. B. BLALOCK Newnan Thirty-Seventh DistrictCARROLL, Troup, Heard MARVIN C. ROOP Carrollton Thirty-Eighth DistrictPAULDING, Haralson, Polk B. M. JONES Dallas Thirty-Ninth DistrictDOUGLAS, Cobb, Cherokee GLEN FLORENCE Douglasville Fortieth DistrictTOWNS, Union, Rabun W. K. DEAN Young Harris Forty-First DistrictGILMER, Pickens, Fannin CHARLES E. WATERS Ellijay Forty-Second DistrictBARTOW, Chattooga, Floyd JEFFERSON L. DAVIS Cartersville Forty-Third DistrictWHITFIELD, Gordon, Murray C. ERNEST McDONALD Dalton Forty-Fourth DistrictDADE, Walker, Catoosa JOHN H. WILKINS Trenton Forty-Fifth DistrictIRWIN, Ben Hill, Telfair TILLMAN PAULK Ocilla Forty-Sixth DistrictPIERCE, Bacon, Coffee O. W. RAULERSON Patterson Forty-Seventh DistrictCOLQUITT, Tift, Turner DORSEY R. MATTHEWS Moultrie Forty-Eighth DistrictCRISP, Dodge, Wilcox J. W. MANN Cordele Forty-Ninth DistrictEVANS, Bulloch, Candler T. J. WOOD Bellville Fiftieth DistrictOGLETHORPE, Clarke, Wilkes GEORGE B. BROOKS Crawford Fifty-First DistrictTWIGGS, Houston, Bibb HOMER L. CHANCE Danville Fifty-Second DistrictFULTON G. EVERETT MILLICAN Atlanta Fifty-Third DistrictBROOKS, Berrien, Cook H. R. GARRETT Quitman Fifty-Fourth DistrictJEFF DAVIS, Tattnall, Appling LAWTON R. URSREY Hazlehurst

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MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1955-56 Representative County Post Office Adams, Joe B. Lamar Barnesville Allen, Francis W. Bulloch Statesboro Ayers, Jere C. Madison Comer Bagby, George T. Paulding Dallas Barber, Leo T. Colquitt Moultrie Barber, Mac Jackson Commerce Barker, W. O. (Ted) Heard Franklin Baughman, Leon H. Early Cedar Springs Bentley, Fred D. Cobb Marietta Birdsong, Frank G. Troup LaGrange Black, J. Lucius Webster Preston Blackburn, T. Sidney Habersham Alto Blalock, Edgar Clayton Jonesboro Bloodworth, John W. Houston Perry Bodenhamer, Wm. T. Tift Ty Ty Bolton, Arthur K. Spalding Griffin Brannen, C. B. Dooly Unadilla Brown, Cecil E. Telfair Lumber City Caldwell, Johnnie L. Upson Thomaston Callier, H. Chris Talbot Talbotton Campbell, Albert Walker LaFayette Carlisle, J. Douglas Bibb Macon Cason, L. J. Pierce Blackshear Cates, Frank M. Burke Waynesboro Chambers, R. Lee Richmond Augusta Chastain, Robert E. Thomas Thomasville Cheatham, Frank S., Jr. Chatham Savannah Cheek, Hugh G. Taylor Butler Clary, H. Eulond McDuffie Thomson Cloud, H. Carl Decatur Climax Cocke, Steve M. Terrell Dawson Coker, Grady N., Dr. Cherokee Canton Coker, Robert E. Walker LaFayette Cornelius, M. M. Polk Cedartown Cotton, L. (Deceased) Baker Leary Cowart, J. M. Calhoun Arlington Coxwell, Wm. M. Lee Leesburg Deal, W. Roscoff Bryan Pembroke Dean, Wm. T. Rockdale Conyers Deen, Braswell, Jr. Bacon Alma Denmark, Roscoe Liberty Hinesville Denson, Jim Dougherty Albany Dozier, Lovette Miller Colquitt Drinkard, John P. Lincoln Lincolnton Duke, Joseph B. Baldwin Milledgeville Duncan, J. Ebb Carroll Carrollton Edenfield, Mose McIntosh Darien Elder, D. Mayne Oconee Watkinsville English, R. S., Jr. Berrien Nashville Eyler, Edgar P. Chatham Savannah Fain, Ralph Kelley Franklin Royston Floyd, James H. Chattooga Trion Flynt, Wales T. Taliaferro Crawfordville Fordham, Wiley B. Bulloch Statesboro Foster, E. Alvin Clayton Forest Park Fowler, A. A., Jr. Douglas Douglasville Fowler, Howard Tift Tifton Freeman, Wm. B. Monroe Forsyth Frier, W. A. Ware Millwood Garrard, H. G. Wilkes Washington Gilleland, Carlton W. Dawson Dawsonville Gillis, Hugh Treutlen Soperton Green, Paul Rabun Clayton Greene, Palmer H. Crisp Cordele Grimsley, Lonnie H. Cook Adel Groover, Denmark, Jr. Bibb Macon Gross, Frank L. Stephens Toccoa Gross, Woodrow W. Dade Avans Gunter, Wm. B. Hall Gainesville Hall, J. Battle Floyd Rome Hardaway, Guy W. Meriwether Greenville Harrell, R. A. Grady Cairo Harrison, J. I. Jeff Davis Hazlehurst Harrison, Robert L. Wayne Jesup Hawkins, W. Colbert Screven Sylvania Hayes, Dewey Coffee Douglas Henderson, Waldo Atkinson Lakeland Hendrix, George W. Long Ludowicl Hodges, B. Harvey Butts Jackson Hogan, Rubert L. Laurens Dudley Holley, Wm. W. Richmond Augusta Houston, Harlan Whitfield Dalton Huddleston, Grady L. Fayette Fayetteville Hudson, D. D. Irwin Ocilla Hurst, Joe J. Quitman Georgetown Ivey, W. C. Newton Porterdale Jackson, George L. Jones Gray Jessup, Ben Bleckley Cochran Johnson, Merrill Jenkins Millen Johnson, Walter F. Gilmer Ellijay Jones, David C. Worth Sylvester Jones, Fred C., Jr. Lumpkin Dahlonega Jones, Paul J., Jr. Laurens Dublin Jones, Thad M. Sumter Plains Jordan, C. M., Jr. Wheeler Alamo Kelley, Paul V., Sr. Gwinnett Lawrenceville Kennedy, T. E., Jr. Turner Ashburn Kennedy, Tom Tattnall Manassas Key, Wm. Hicks Jasper Monticello Kilgore, Willie Lee Gwinnett Lawrenceville Killian, William R. Glynn Brunswick Killingsworth, A. S. Clay Fort Gaines King, Harvey G., Jr. Whitfield Dalton King, Joe N. Chattahooche Cusseta King, M. E. Pike Concord Kitchens, Claude S. Twiggs Dry Branch Lam, C. O. Troup Hogansville Land, A. T. Wilkinson Allentown Lanier, William L. (Bill) Candler Metter Larkins, J. Floyd Brantley Hoboken Lavender, Woodrow Wilson Elbert Bowman Lindsey, Frank P., Jr. Spalding Griffin Lokey, Hamilton Fulton Atlanta Long, Fred F. Murray Chatsworth Love, John W., Jr. Catoosa Ringgold Lowe, Joe H. Oglethorpe Crawford Mackay, James A. DeKalb Decatur Mallory, L. A., Jr. Upson Thomaston Martin, Tom Banks Homer Mashburn, Marcus Forsyth Cumming Massee, W. C. (resigned) Baldwin Milledgeville Matheson, B. Benson Hart Hartwell Mathis, J. E. Lowndes Valdosta Matthews, Chappelle Clarke Athens Mauldin, Henry A. Gordon Calhoun McCracken, J. Roy Jefferson Avera McGarity, Edward E. Henry McDonough McKelvey, Paul Polk Rockmart McKenna, Andrew W. Bibb Macon McWhorter, W. Hugh DeKalb Decatur Mincy, Cleve Ware Waycross Moate, Marvin E. Hancock Sparta Mobley, T. Watson Burke Girard Moore, A. C. Pickens Jasper Moorman, Warren S. Lanier Lakeland Mull, Reid Fannin Blue Ridge Murphey, R. Clifton Crawford Roberta Murphy, Harold L. Haralson Buchanan Murr, Jack Sumter Americus Musgrove, Downing Clinch Homerville Nightingale, Bernard N. Glynn Brunswick Nilan, John Muscogee Columbus Odom, John D. Camden Kingsland Palmer, Tom C., Jr. Mitchell Pelham Parker, W. C. (Bill) Appling Baxley Peacock, Gilbert C. Dodge Eastman Pelham, B. E. Schley Ellaville Perkins, C. C. Carroll Mount Zion Peters, Hoke S. Meriwether Manchester Pettey, Pete Pulaski Hawkinsville Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Pickard, A. Mac Muscogee Columbus Potts, George W. Coweta Newnan Ramsey, H. N., Sr. Effingham Springfield Raulerson, Louis T. Echols Haylow Ray, Jack B. Warren Norwood Reed, Raymond M. Cobb Marietta Register, G. Troy Lowndes Valdosta Rodgers, H. Ben Charlton Folkston Roughton, Harvey Washington Sandersville Rowland, Emory L. Johnson Wrightsville Ruark, William L. Greene Woodville Russell, Robert L., Jr. Barrow Winder Rutland, Guy W., Jr. DeKalb Decatur Sanders, Carl E. Richmond Augusta Scoggin, Robert L. (Bob) Floyd Rome Sheffield, John E., Jr. Brooks Quitman Short, H. Jack Colquitt Doerun Singer, Sam S. Stewart Lumpkin Sivell, W. D. Harris Chipley Smith, B. E., Sr. Evans Daisy Smith, Geo. L., II Emanuel Swainsboro Smith, Hoke Fulton Atlanta Smith, M. M. (Muggsy) Fulton Atlanta Sognier, John W. Chatham Savannah Souter, J. Lester Macon Montezuma Stephens, Robert G., Jr. Clarke Athens Stevens, E. C. Marion Buena Vista Stewart, A. L. Ben Hill Fitzgerald Strickland, M. Ortez Toombs Vidalia Stripling, David C. Coweta Newnan Tamplin, Howard H. Morgan Madison Tanner, Andrew J. Coffee Douglas Tarpley, Jack G. Union Blairsville Terrell, Vaughn E. Decatur Bainbridge Todd, W. G. Glascock Gibson Truelove, Franklin F. White Cleveland Turk, D. E. Wilcox Abbeville Twitty, Frank S. Mitchell Camilla Underwood, D. Vann Bartow Cartersville Underwood, Joe C. Montgomery Mt. Vernon Upshaw, Troy Bartow Rydal Veal, Dallas Putnam Eatonton Watson, G. Stuart Dougherty Albany Weems, Paul B. Chattooga Summerville Wheeler, R. E. Seminole Donalsonville Williams, W. M. Hall Gainesville Willingham, Harold S. Cobb Marietta Willis, O. S. Thomas Coolidge Wilson, Montgomery Towns Hiawassee Wilson, Wm. J. Peach Ft. Valley Wooten, J. Mercer Randolph Shellman Wright, Barry, Jr. Floyd Rome Young, J. Gordon Muscogee Columbus

Page 3680

MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1955-1956 County Representative Post Office Appling W. C. (Bill) Parker Baxley Atkinson Waldo Henderson Lakeland Bacon Braswell Deen, Jr. Alma Baker L. Cotton (Deceased) Leary Baldwin Joseph B. Duke Milledgeville Baldwin W. C. Massee (Resigned) Milledgeville Banks Tom Martin Homer Barrow Robert L. Russell, Jr. Winder Bartow D. Vann Underwood Cartersville Bartow Troy Upshaw Rydal Ben Hill A. L. Stewart Fitzgerald Berrien R. S. English, Jr. Nashville Bibb J. Douglas Carlisle Macon Bibb Denmark Groover, Jr. Macon Bibb Andrew W. McKenna Macon Bleckley Ben Jessup Cochran Brantley J. Floyd Larkins Hoboken Brooks John E. Sheffield, Jr. Quitman Bryan W. Roscoff Deal Pembroke Bulloch Francis W. Allen Statesboro Bulloch Wiley B. Fordham Statesboro Burke Frank M. Cates Waynesboro Burke T. Watson Mobley Girard Butts B. Harvey Hodges Jackson Calhoun J. M. Cowart Arlington Camden John D. Odom Kingsland Candler William L. (Bill) Lanier Metter Carroll J. Ebb Duncan Carrollton Carroll C. C. Perkins Mount Zion Catoosa John W. Love, Jr. Ringgold Charlton H. Ben Rodgers Folkston Chatham Frank S. Cheatham, Jr. Savannah Chatham Edger P. Eyler Savannah Chatham John W. Sognier Savannah Chattahoochee Joe N. King Cusseta Chattooga James H. Floyd Trion Chattooga Paul B. Weems Summerville Cherokee Dr. Grady N. Coker Canton Clarke Chappelle Matthews Athens Clarke Robert G Stephens, Jr. Athens Clay A. S. Killingsworth Fort Gaines Clayton Edgar Blalock Jonesboro Clayton E. Alvin Foster Forest Park Clinch Downing Musgrove Homerville Cobb Fred D. Bentley Marietta Cobb Raymond M. Reed Marietta Cobb Harold S. Willingham Marietta Coffee Dewey Hayes Douglas Coffee Andrew J. Tanner Douglas Colquitt Leo T. Barber Moultrie Colquitt H. Jack Short Doerun Columbia Glenn S. Phillips Harlem Cook Lonnie H. Grimsley Adel Coweta George W. Potts Newnan Coweta David C. Stripling Newnan Crawford R. Clifton Murphey Roberta Crisp Palmer H. Greene Cordele Dade Woodrow W. Gross Avans Dawson Carlton W. Gilleland Dawsonville Decatur H. Carl Cloud Climax Decatur Vaughn E. Terrell Bainbridge DeKalb James A. Mackay Decatur DeKalb W. Hugh McWhorter Decatur DeKalb Guy W. Rutland, Jr. Decatur Dodge Gilbert C. Peacock Eastman Dooly C. B. Brannen Unadilla Dougherty Jim Denson Albany Dougherty G. Stuart Watson Albany Douglas A. A. Fowler, Jr. Douglasville Eariy Leon H. Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham H. N. Ramsey, Sr. Springfield Elbert Woodrow Wilson Lavender Bowman Emanuel Geo. L. Smith, II Swainsboro Evans B. E. Smith, Sr. Daisy Fannin Reid Muil Blue Ridge Fayette Grady L. Huddleston Fayetteville Floyd J. Battle Hall Rome Floyd Robert L. (Bob) Scoggin Rome Floyd Barry Wright, Jr. Rome Forsyth Marcus Mashburn Cumming Franklin Ralph Kelley Fain Royston Fulton Hamilton Lokey Atlanta Fulton Hoke Smith Atlanta Fulton M. M. (Muggsy) Smith Atlanta Gilmer Walter F. Johnson Ellijay Glascock W. G. Todd Gibson Glynn William R. Killian Brunswick Glynn Bernard N. Nightingale Brunswick Gordon Henry A. Mauldin Calhoun Grady R. A. Harrell Cairo Greene William L. Ruark Woodville Gwinnett Paul V. Kelley, Sr. Lawrenceville Gwinnett Willie Lee Kilgore Lawrenceville Habersham T. Sidney Blackburn Alto Hall Wm. B. Gunter Gainesville Hall W. M. Williams Gainesville Hancock Marvin E. Moate Sparta Haralson Harold L. Murphy Buchanan Harris W. D. Sivell Chipley Hart B. Benson Matheson Hartwell Heard W. O. (Ted) Barker Franklin Henry Edward E. McGarity McDonough Houston John W. Bloodworth Perry Irwin D. D. Hudson Ocilla Jackson Mac Barber Commerce Jasper Wm. Hicks Key Monticello Jeff Davis J. I. Harrison Hazlehurst Jefferson J. Roy McCracken Avera Jenkins Merrill Johnson Millen Johnson Emory L. Rowland Wrightsville Jones George L. Jackson Gray Lamar Joe B. Adams Barnesville Lanier Warren S. Moorman Lakeland Laurens Rubert L. Hogan Dudley Laurens Paul J. Jones, Jr. Dublin Lee William M. Coxwell Leesburg Liberty Roscoe Denmark Hinesville Lincoln John P. Drinkard Lincolnton Long George W. Hendrix Ludowici Lowndes J. E. Mathis Valdosta Lowndes G. Troy Register Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon J. Lester Souter Montezuma Madison Jere C. Ayers Comer Marion E. C. Stevens Buena Vista McDuffie H. Eulond Clary Thomson McIntosh Mose Edenfield Darien Meriwether Guy W. Hardaway Greenville Meriwether Hoke S. Peters Manchester Miller Lovette Dozier Colquitt Mitchell Tom C. Palmer, Jr. Pelham Mitchell Frank S. Twitty Camilla Monroe Wm. B. Freeman Forsyth Montgomery Joe C. Underwood Mt. Vernon Morgan Howard H. Tamplin Madison Murray Fred F. Long Chatsworth Muscogee John Nilan Columbus Muscogee A. Mac Pickard Columbus Muscogee J. Gordon Young Columbus Newton W. C. Ivey Porterdale Oconee D. Mayne Elder Watkinsville Oglethorpe Joe H. Lowe Crawford Paulding George T. Bagby Dallas Peach Wm. J. Wilson Ft. Valley Pickens A. C. Moore Jasper Pierce L. J. Cason Blackshear Pike M. E. King Concord Polk M. M. Cornelius Cedartown Polk Paul McKelvey Rockmart Pulaski Pete Pettey Hawkinsville Putnam Dallas Veal Eatonton Quitman Joe J. Hurst Georgetown Rabun Paul Green Clayton Randolph J. Mercer Wooten Shellman Richmond R. Lee Chambers Augusta Richmond William W. Holley Augusta Richmond Carl E. Sanders Augusta Rockdale Wm. T. Dean Conyers Schley B. E. Pelham Ellaville Screven W. Colbert Hawkins Sylvania Seminole R. E. Wheeler Donalsonville Spalding Arthur K. Bolton Griffin Spalding Frank P. Lindsey, Jr. Griffin Stephens Frank L. Gross Toccoa Stewart Sam S. Singer Lumpkin Sumter Thad M. Jones Plains Sumter Jack Murr Americus Talbot H. Chris Callier Talbotton Taliaferro Wales T. Flynt Crawfordville Tattnall Tom Kennedy Manassas Taylor Hugh G. Cheek Butler Telfair Cecil E. Brown Lumber City Terrell Steve M. Cocke Dawson Thomas Robt. E. Chastain Thomasville Thomas O. S. Willis Coolidge Tift Wm. T. Bodenhamer Ty Ty Tift Howard Fowler Tifton Toombs M. Ortez Strickland Vidalia Towns Montgomery Wilson Hiawassee Treutlen Hugh Gillis Soperton Troup Frank G. Birdsong LaGrange Troup C. O. Lam Hogansville Turner T. E. Kennedy, Jr. Ashburn Twiggs Claude S. Kitchens Dry Branch Union Jack G. Tarpley Blairsville Upson L. A. Mallory, Jr. Thomaston Upson Johnnie L. Caldwell Thomaston Walker Robert E. Coker LaFayette Walker Albert Campbell LaFayette Walton John Lee Phillips Monroe Ware W. A. Frier Millwood Ware Cleve Mincy Waycross Warren Jack B. Ray Norwood Washington Harvey Roughton Sandersville Wayne Robert L. Harrison Jesup Webster J. Lucius Black Preston Wheeler C. M. Jordan, Jr. Alamo White Franklin F. Truelove Cleveland Whitfield Harlan Houston Dalton Whitfield Harvey G. King, Jr. Dalton Wilcox D. E. Turk Abbeville Wilkes H. G. Garrard Washington Wilkinson A. T. Land Allentown Worth David C. Jones Sylvester

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State or JOE N. BURTON Assistant to Secretary of State