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. 19570000 English Page 1999 LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1957 19570000 Compiled and Published by Authority of the State Page 2000 PRESS OF LONGINO PORTER, INC.HAPEVILLE, GA. Page 2001 Compiler's Note To speed publication, the Acts and Resolutions of the 1956 session were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 823. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning at page 2001. There are no intervening pages between 823 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index. Page 2002 Compiler's Note To speed publications, the Acts and Resolutions of the 1957 session were sent to the printer in the order in which they were released from the Governor's office. This made only a broad classification possible. General Acts and Resolutions were grouped in one volume beginning at page 1 and running through page 779. This volume is bound separately. Local and special Acts and Resolutions were grouped in one volume beginning at page 2001. There are no intervening pages between 779 and 2000. The index, which is published in full in each volume, covers material included in both volumes. It is in two parts: a broad tabular index which attempts to supply some of the advantages which might have been gained from a more detailed classification, which speed of publication made impossible. This is followed by a regular alphabetical index. Page 2003 ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1957 CHARTER FOR CITY OF PORT WENTWORTH. No. 2 (House Bill No. 7). An Act to incorporate the City of Port Wentworth, and to grant a charter to said city; to grant corporate powers to said city; to define corporate limits; to vest government of the municipality in a mayor and six councilmen; to fix qualifications of the mayor and councilmen and provide manner of qualifying as candidates; to authorize enactment of ordinances and regulations respecting businesses and areas, preservation of order and morality, prescribe punishment for violations, and to grant powers and authority to mayor and councilmen; to define duties and powers of mayor; Page 2004 to provide for selection of mayor pro tem. and fix his duties and powers; to provide oath of mayor and councilmen; to provide for selection of city clerk, city treasurer, city attorney and other officers and employees of city; to provide for filling of vacancies; to empower to fix time, place and rules of meeting; to provide salaries of mayor and councilmen; to authorize employment of chief of police and other police officers; to provide for establishment of fire department and employment of personnel and purchase of equipment for department; to authorize enactment of ordinances regulating traffic and providing penalties for violations; to fix qualifications of voters in city election; to provide for permanent registration of voters, their oath, appointment of registrar, time of closing registration books of city; to grant authority to regulate use of streets, sidewalks, lanes and power to move obstructions therefrom, regulate signs thereon, to condemn private property for public purposes; to authorize ordinances requiring registration of businesses, imposing business licenses, requiring payment thereof and providing for penalty for violation, fixing classifications and licenses for businesses and revocation of license if business constitutes a nuisance or endangers health or morals; to control, or to prohibit, the keeping of animals or fowls in the city limits; and to provide for impounding the same and charging and collecting a fee therefor; to provide for abatement of nuisances, and concurrent jurisdiction over nuisances; to empower to enter premises where spirits suspected of being illegally sold, to seize the same, and to abate the nuisance; to provide for suppression of lewdness and immorality, and preservation of sanctity of the Sabbath and protection of places of worship; to authorize enactment of ordinances respecting morals, disorderly conduct, and other ordinances to promote peace, comfort and security of inhabitants of city, and to enforce ordinances by penalties; to provide for zoning and planning ordinances, establishment of districts, regulate buildings and their uses; to provide for issuance of bonds in name of the city for specified purposes Page 2005 and for any municipal purposes; to provide for establishment of police court for said city, the presiding officer thereof, and his oath; to provide punishments for violations of city ordinances, punishment for contempt of court, issuance of warrants for offenses against the State, committal trial and commitment of offenders against State; to provide for clerk of police court; to provide for certiorari from police court; to provide for appearance bonds and for forfeiture thereof; to provide for dockets for said police court, issuance of subpoenas, and contempt for not obeying subpoenas; to empower the mayor of the city to pardon, suspend or commute sentences imposed for violation of city ordinances; to provide for granting of franchises, and for entering into contacts respecting utilities and public services; to provide for assessment of ad valorem taxes, and limiting the rate thereof; to provide for making of tax returns, adjustment thereof, the issuance of executions for delinquent taxes, licenses and assessments, and levy thereof, advertisement of sale, sale of property to satisfy execution, and conveyance of title to the purchaser thereof; to provide for pavement and improvement of streets, sidewalks, lanes, alleys, drains, and for assessment of part of costs for improvement of streets and sidewalks against owner of abutting lots or lands; to provide for call and holding of special election by the Ordinary of Chatham County for approval or rejection of the Act incorporating the City of Port Wentworth, canvassing the returns of the election, and certification of the result to the Secretary of State; to name and appoint a temporary registrar for said city; to provide for initial registration of voters through the temporary registrar, the period of such registration, the oath of the registrant, election of the first mayor and councilmen, giving notice of their candidacy and terms of office of the first-elected mayor and councilmen; to provide for succeeding regular elections of mayor and councilmen and terms of their office; and for other purposes. To provide that in the event any part of this Act Page 2006 shall be declared illegal, that no other part shall be affected. 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 the authority of the same, that from and after the passage of this Act the inhabitants of the territory hereinafter described, be, and they are hereby, incorporated under the name and style of the City of Port Wentworth, and by that name, shall have perpetual succession, and shall be, and are hereby, invested with all the rights, powers and privileges incident to municipal corporations in this State. The said City of Port Wentworth, 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 council, such ordinances, rules, regulations and resolutions for the transaction of its business and for the welfare and proper government of said city, as the mayor and council may deem best, and which shall be consistent with the laws of the State of Georgia and of the United States. The said City of Port Wentworth shall be able in law to purchase, hold, receive, enjoy, possess and retain in fee simple, or for any term of years, any estate or estates, real or personal, lands, tenements and hereditaments of any kind or nature whatsoever, within the limits or without the limits of said city, for corporate purposes. The mayor and council may in like manner, use, manage and improve, and dispose of any property hereafter acquired by said city. Name. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said city of Port Wentworth shall embrace the area and include all of the lands lying within the following boundaries, to wit: Beginning at a point on the western line of the right-of-way of Georgia Highway Number 21, said beginning point being more specifically defined as that certain point where the southern line of the Grange Subdivision, projected Page 2007 in a westerly direction, intersects the western edge of the right-of-way of Georgia Highway Number 21; and extending and running thence along the south line of Grange Subdivision as projected in an easterly direction to the southeast corner of Lot numbered 96 of said subdivision, the same point being the southwest corner of Lot numbered 98 of said subdivision; and extending and running thence along the line which separates and divides Lots numbered 96 and 98 of said subdivision in a northerly direction and continuing across Grange Road to the southeast corner of Lot numbered 97 of the Grange Subdivision, and extending thence northwardly along the east line of Lot numbered 97 of the Grange Subdivision to the northeast corner of said lot; and extending and running thence westwardly along the northern line of Grange Subdivision to the eastern line of U. S. Highway numbered 17; and extending and running thence northwardly along the eastern line of U. S. Highway numbered 17 to the northern line of the lands of Atlantic Creosoting Company; and extending and running thence eastwardly along the northern line of the lands of Atlantic Creosoting Company to the western line of the right-of-way of Savannah and Atlanta Railway; and extending and running thence in a northerly and northwesterly direction along the western and southwestern line of said right-of-way of the Savannah and Atlanta Railway to a point on the eastern line of U. S. Highway numbered 17; and extending and running thence northwardly along the eastern line of U. S. Highway numbered 17 to a point 107 feet south of the intersection of U. S. Highway numbered 17 and the southern line of Appleby Road; and extending and running thence eastwardly and northwardly along the south and the east lines of Blocks numbered 1, 20 and 21 of Bonnybridge Subdivision to a point of U. S. Highway numbered 17, said point being located where the northern line of Devonshire Road in the Bonnybridge Subdivision, projected easterly, intersects the eastern line of Block numbered 21 of Bonnybridge Subdivision; and extending and running thence in a westerly direction along the northern line of Devonshire Road in the Bonnybridge Subdivision Page 2008 division, as projected, to the intersection of the northern line of Devonshire Road, as projected, with the western line of Inverness Street in the Bonnybridge Subdivision; and extending and running thence along the western line of Inverness Street in the Bonnybridge Subdivision in a southerly direction, and said line, projected southwardly, then extending through and across Appleby Road and through and across the property of the Cyclone Fence Company and through and across the first line of the Savannah and Atlanta Railway, to the easterly line of the right-of-way of the second line or tract of the Savannah and Atlanta Railway; and extending and running thence along the eastern line of the said right-of-way of Savannah and Atlanta Railway in a general southeasterly direction to the intersection of said easterly line of said right-of-way of the Savannah and Atlanta Railway with the northerly line of the Grange Subdivision; and extending and running thence in a westerly direction along the northern line of Grange Subdivision, and said line, projected, then extending through and across Georgia Highway numbered 21 to the western edge of the right-of-way of said Georgia Highway Number 21; and extending and running thence in a general southeasterly direction along the western line of the right-of-way of Georgia Highway numbered 21 to the said point of beginning; all of which incorporated area, and the boundaries thereof, will appear by reference to a map showing Port Wentworth Corporation Property and Vicinity, Chatham County, Georgia, and listed as Map No. 16538, File C-6-Y, in the office of Chief Engineer of the Savannah and Atlanta Railway Company, in Savannah, Georgia. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, that the municipal government of said City of Port Wentworth shall consist of a mayor and six councilmen. Mayor and councilmen. Section 4. Be it further enacted by the authority aforesaid, that no person shall be eligible for the office of mayor or councilman of said city unless he shall have Page 2009 resided in said city for a period not less than six months immediately preceding his election and shall be a qualified voter in municipal elections for the mayor and councilmen of said city, not convicted of any crime involving moral turpitude, and entitled to register under the registration laws of said city in force at that time. The name of no candidate for either mayor or councilman shall be placed on the ballot in regular elections for mayor and councilmen, unless such candidate shall file with the clerk of said city not less than fifteen days prior to the regular 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. 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. 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 thereupon become vacant. Same. Section 5. Be it further enacted by the authority aforesaid, that the said mayor and councilmen shall have the full power and authority from time to time to make and establish rules, laws, ordinances, regulations, orders and resolutions as to them may seem right and proper, respecting drainage, ditches, bridges, streets, automobiles, bicycles, carriages, drays, hacks, wagons, stables, sales stables, warehouse, 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, markets, slaughter houses; garages, shops, mills, ginneries, factories, barber shops, soda founts, beer saloons, utilities companies, booths, stands, tents, stores, business establishments, filling stations, 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 for or incident to the good government of said city, and the peace, security, health, happiness, welfare, protection or Page 2010 convenience of the inhabitants of said city, and the preservation of the 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 and rules and regulations, in their discretion necessary and proper to preserve order and to suppress crime and immorality in said city, not in conflict with the Constitution and laws of this State or the Constitution and laws of the United States, and to prescribe the punishment for the commission of different acts of crime and violations of any ordinances of said mayor and councilmen, 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 to said government by this Act, but shall be construed as in addition to, and in aid of, such powers. Ordinances. Section 6. Be it further enacted by the authority aforesaid, 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, and to preserve order and decorum in such meetings; 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 of the city 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 to 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 to see that they are properly and correctly kept, and to require such reports to be made by such officers, to the council, as he may deem proper; and, to see that order is maintained Page 2011 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; and he shall have authority to convene the council in extra session as frequently as he may deem proper; to inflict such punishment upon any person guilty of 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. Section 7. Be it further enacted by the authority aforesaid, that the mayor and councilmen, at their first regular meeting after their election, and annually thereafter at the first regular meeting of the mayor and councilmen in the month of January in each year, shall elect one of the councilmen as mayor pro tem., who shall, in case of the absence or disqualification of the mayor or of 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 of that office as is herein prescribed. Mayor pro tem. Section 8. Be it further enacted by the authority aforesaid, that before entering upon their duties as mayor and council of said city, the mayor and councilmen shall each 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 Port Wentworth; and 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. Section 9. Be it further enacted by the authority aforesaid, that the mayor and council of said city may elect a city clerk, a city treasurer, and a city attorney Page 2012 who shall hold office for such period of time and receive from said city 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 terms and upon such conditions as may be prescribed by said mayor and council, and such employees so elected shall receive such compensation from said city as may be provided by the mayor and councilmen at the time of election. Other officers. Section 10. Be it further enacted by the authority aforesaid, that in the case of a vacancy in the office of mayor or any councilman by reason of death, removal from the city, 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 have all qualifications herein specified for mayor and councilman, and shall serve only for the remainder of the unexpired term. Vacancies filled. Section 11. Be it further enacted by the authority aforesaid, that the mayor and council of Port Wentworth 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 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. Sessions of council. Section 12. Be it further enacted by the authority aforesaid, that the salary of the mayor shall be five ($5.00) dollars per year. The compensation of each member of the council shall be two ($2.00) dollars per year. Salaries. Section 13. Be it further enacted by the authority aforesaid, that the mayor and council shall have authority to elect a chief of police and such other policemen Page 2013 as they deem desirable and necessary, and to fix the compensation and terms and conditions of employment and the duties of any such officer so employed. Police chief. Section 14. Be it further enacted by the authority aforesaid, that the mayor and councilmen of said city may provide fire protection, and they shall have power to organize, establish and equip a fire department, either paid or volunteer, and to make such appropriations as they may deem advisable for this purpose, and to provide any buildings necessary therefor, and to employ firemen, and to adopt such ordinances and regulations as will best promote the object of this section and the protection of property from fire. Fire protection. Section 15. 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 or freight; and to regulate the speed of such vehicles in said city, and to prescribe for the punishment of violations of such regulations and ordinances, and to prevent unnecessary noises from contrivances that may disturb the peace and comfort of the citizens, and to adopt the necessary ordinances for said purposes and to prescribe penalties, and enforce the same, for violation thereof. Traffic. Section 16. Be it further enacted by the authority aforesaid, that any person who has been a resident of said city for at least six months immediately preceding the date of any city election and who is qualified to vote for members of the General Assembly shall be eligible to vote in any city election, if such person is properly registered as is hereinafter provided. Voters' qualifications. Section 17. Be it further enacted by the authority aforesaid, that the mayor and council shall provide suitable books or cards, or both, for the permanent registering of voters of said city. Every person, upon registering, shall take the following oath: I do hereby solemnly swear that I am 18 years of age, that I will have been a Page 2014 resident of the City of Port Wentworth for six months on or before the date of the next city election, and that I am qualified to vote for members of the General Assembly. The city clerk, or such other person as may be designated by the mayor and council, shall be the registrar of the city. The registrar of said city is hereby given the authority to administer the above oath to persons registering. 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. 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 the voters qualified 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. Voters' oath. Section 18. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Port Wentworth 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 and alleys of said city, 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 Port Wentworth without just 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 Port Wentworth 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 or sidewalks 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 laws) the use of the streets, sidewalks and public grounds for Page 2015 signs, sign posts, awnings, telegraph, telephone poles, and racks 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 electrict poles have become a nuisance and interfere with traffic or travel on the streets, avenues, alleys, sidewalks or other public places of the city, to compel any telegraph, telephone company, power or electric company having previously erected such poles and wires in said city, to remove the same to any reasonable location designated by the mayor and councilmen, and in case said telephone, telegraph, power or electric company shall fail to remove same within sixty days after having been fully notified to do so, said city shall have the right to remove the same at the expense of said company, and to 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 Port Wentworth for business purposes, and no person, firm or corporation shall have the right to use the streets of said City of Port Wentworth for business purposes, without first having obtained the consent and license of the mayor and council of the City of Port Wentworth. Control of streets. Section 19. Be it further enacted by the authority aforesaid, that the mayor and councilmen of the City of Port Wentworth shall have full power and authority to require any person, firm, company or corporation, whether resident or 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 name, calling, trade, vocation, business or profession annually with the city clerk, and to require said person, firm, company or corporation to pay to the City of Port Wentworth for said registration and for license to prosecute, carry on or engage in such business, calling, trade or profession, such amounts as business licenses as the mayor and councilmen may provide by ordinance. Said mayor and councilmen may provide by ordinance for the punishment Page 2016 of all persons, firms, companies or corporations required by ordinances to pay said licenses, or take out said licenses for same, who engage in or attempt to engage in such business, profession or occupation before paying such taxes or taking out said licenses, or who fail to comply in full with all requirements of said ordinances made in reference thereto. Business licenses. Section 20. Be it further enacted by the authority aforesaid, that at the first regular meeting of the mayor and councilmen after their election in 1957, and thereafter at their first regular meeting in each calendar 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 carried on or engaged in within the corporate limits of said city, 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 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 Port Wentworth without having first procured such license and complied with all other requirements of said City of Port Wentworth relating thereto, shall be guilty of a violation of the city ordinance providing 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 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 Port Wentworth, requiring a license, and shall fail Page 2017 to procure and pay for such license within 30 days after enactment of the ordinances fixing the classification and cost of such business license and the date that such business license shall be due and payable under provisions of the ordinances fixing the same, and shall operate the same for a period of thirty days without having procured such license, the mayor and council shall then add the sum of twenty percent of the total amount of such license to such license fee, a penalty for failure to procure such license when due. The mayor and council shall have full power and authority to provide by ordinance, for the classification of all businesses, and to fix the licenses or taxes to be paid by the different classes of businesses, and to make and adopt all other rules and regulations necessary and proper in the premises. Same. Section 21. Be it further enacted by the authority aforesaid, 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 Port Wentworth, and in case of such, licenses collected by the city 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 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 of such license. At said hearing the person holding said license, or the firm or corporation holding the 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. Same. Section 22. Be it further enacted by the authority aforesaid, that the mayor and councilmen of said city Page 2018 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, they shall have the power and authority 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, to 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 the cost of keeping said animal or animals, said animal or animals may be sold at public outcry, and the proceeds of such sale may be applied to the payment of said fee and costs of keeping said animal or animals, all under such rules and regulations as may be prescribed by the mayor and councilmen. Livestock. Section 23. Be it further enacted by the authority aforesaid, 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 for, and abatement of, all nuisances in said city. Nuisances. Section 24. Be it further enacted, by the authority aforesaid, that the 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 spiritous, vinous, malt or intoxicating liquors are illegally 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 such to be a place where spiritous, vinous, malt or intoxicating liquors are illegally sold, and to arrest the offender, or offenders; and upon conviction of Page 2019 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 policemen of said city to seize and destroy the stock of liquors of said person, and the apparatus for selling same, and to otherwise punish said offender or offenders as may be prescribed by ordinance. Intoxicating liquors. Section 25. Be it further enacted by the authority aforesaid, 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, they may enact such ordinances and provide such penalties as they think advisable to carry out the powers granted in this section. Morals. Section 26. Be it further enacted, that said mayor and councilmen shall have power to protect all places of divine worship within the limits of the city. Divine worship. Section 27. Be it further enacted, that the mayor and council of the City of Port Wentworth 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 deem necessary to foster virtue and good morals in said city; and to suppress lewdness, gambling and 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 to said mayor and councilmen by this charter; and to make and enforce such ordinances, rules and regulations for the government of their body, and all officers of said city, and to exercise 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, Page 2020 ordinances, regulations and rules are not inconsistent with the laws of this State or of the United States. Authority of mayor and council. Section 28. Bt it further enacted by the authority aforesaid, that the mayor and council of the City of Port Wentworth may, in the interest of public health, safety, order, convenience, comfort, prosperity, or general welfare of the inhabitants of said city, 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 of the inhabitants of said city, and to enact and enforce any ordinances necessary to effectually carry out this section. Same, Bldg. Code. Section 29. Be it further enacted by the authority aforesaid, that the mayor and councilmen of the City of Port Wentworth 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 Page 2021 buildings; improving property; purchasing equipment; purchasing improvements, paying for condemned property taken for public use; for acquiring, 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; such issuance of bonds for any of said purposes, to be within the limits provided by the constitution and laws of the State of Georgia, and in accordance therewith. Bonds. Section 30. Be it further enacted by the authority aforesaid, that the City of Port Wentworth is hereby 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. Same. Section 31. Be it further enacted by the authority aforesaid, that the mayor and councilmen shall establish a police court for said city, and fix the time and place of holding said court, which said court shall have jurisdiction to try offenses against the laws and ordinances of the municipal government of said city; and said court shall be presided over by the mayor of said city, or by the mayor pro tempore in the absence or disqualification of the mayor, or by a recorder who may be elected by the mayor and council of said city. If the mayor and council elect a recorder to preside in and over said court, the mayor and council shall fix by ordinance, the recorder's compensation and his qualifications, and the recorder shall serve in office at the pleasure of the mayor and council, and the elected recorder shall take such oath as shall be prescribed by the mayor and council. Police court. Section 32. Be it further enacted by the authority aforesaid, that the mayor, or the mayor pro tempore, Page 2022 or the elected recorder, 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 in the Chatham County jail (by arrangement with the Chatham County Commissioners first made) or in the barracks of said city for a period of not more than thirty days, or to labor on the public works or the streets of said city under supervision of the chief of police of said city for a period of not more than ninety days. The presiding officer of said police court shall also have power to punish for contempt of court by a fine not to exceed $50.00, or by imprisonment not to exceed thirty days. He shall also have the power to issue warrants for State offenses committed within the corporate limits of the city, which warrants may be executed by any member of the city police force or by any sheriff or deputy sheriff of this State, and to hold hearings on said offenses and to commit the offenders to the jail in Chatham County, or admit them to bail if the offense is bailable, for their appearance at the next term of a court of competent jurisdiction to be held in and for Chatham County. Same, limits. Section 33. Be it further enacted by the authority aforesaid, that the chief of police, of said city, or some other member of the police force to be designated by him, shall attend all sessions of said police court, and shall act as clerk thereof; and he shall sign and execute all processes, summons, subpoenas, and other processes from said court. Same, clerk. Section 34. Be it further enacted by the authority aforesaid, that 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 Chatham County, and such writ of certiorari shall be obtained in the manner now provided by the general laws of the State of Georgia. Same, certiorari to Superior Court. Section 35. Be it further enacted by the authority Page 2023 aforesaid, that the mayor and council shall provide by ordinance for the giving of appearance bonds, which may be either a surety bond, or a cash bond, for persons accused or charged with the violation of the ordinances of said city, and by ordinance the mayor and council shall fix the manner in which said bonds shall be forfeited, execution issued thereon, and other procedure appertaining thereto. Same, bonds. Section 36. Be it further enacted by the authority aforesaid, that in connection with the operation of said police court, subpoenas may be issued by the city clerk, or chief of police, bearing teste in the name of the presiding officer, and shall contain a brief statement of the case, the time set for trial or hearing, and the time at which the person subpoenaed shall appear. The presiding officer of said court shall have the power to punish any person disobeying said subpoena, for contempt of court. The mayor and council shall provide by ordinance for dockets for said police court, for a summary or simple statement of the offenses with which persons are charged, which statement shall be deemed sufficient notice to, or accusation of, the accused, and they shall also provide general rules of procedure in said court. Same, subpoenas. Section 37. Be it further enacted by the authority aforesaid, that 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. Same, pardon and commuted sentences. Section 38. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have the power to grant franchises, easement and rights of way over, in, under and on the public streets on such terms and conditions as they may fix. They may contract with any other public or private corporation regarding the furnishing of water, electric current, gas, or other public service, to said city by said other corporation, or regarding the furnishing of water, electric current, gas, or other public service, by the city to such public or private corporation. Easements and franchises. Page 2024 Section 39. Be it further enacted by the authority aforesaid, that the mayor and council of said city shall have full power and authority for the purpose of raising revenue for the support and maintenance of said city government, to provide by ordinance for the assessment, levy and collection of an ad valorem tax on all real and personal property within the corporate limits of said city, not exceeding ten (10) mills on each dollar of the valuation thereof. Taxes, limit. Section 40. Be it further enacted by the authority aforesaid, that 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 of 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, and an opportunity to be heard on the matter of the assessment. The mayor and council of said city shall by ordinance provide the time for the making of such tax returns, and the time when the taxes shall be paid to said city. Same, returns. Section 41. Be it further enacted by the authority aforesaid, 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 shall be issued against all persons who have not paid their taxes by the time fixed and defined by ordinance. Same, due dates. Section 42. Be it further enacted by the authority aforesaid, that upon default in the payment of ad valorem taxes or license taxes or any other tax or license or assessment authorized to be made or assessed under this charter, the city clerk shall issue execution in the name Page 2025 of said city, which shall be levied by the chief of police, his deputies, or such other officer of the city as may be prescribed by appropriate ordinance by the mayor and council, upon the property of the taxpayer, and as to land, to sell the same before the city hall after advertisement of the time and place of sale once a week for four weeks in the newspaper published in the County of Chatham in which the sheriff's advertisements are made, to the highest bidder for cash, on the first Tuesday of the month following the advertisement, within the legal hours of sale; and said officer shall execute the necessary deeds and titles to the purchaser at said sale, which deed shall have the force and effect of a sheriff's deed in this state. And all personal property levied upon under the provisions of this section by said chief of police or other officer shall be sold before the door of the city hall or usual place of holding council meetings after advertising for a period of 30 days, the place, time and terms of the sale, by posting such notice on the billboard of said city hall or usual place of holding council meetings and two other places in city by posting notice of said sale. Said officer shall execute a bill of sale to the purchaser of said personal property, which shall have the effect of bills of sale executed by sheriffs of this State. Same, fi fas. Section 43. Be it further enacted by the authority aforesaid, that said City of Port Wentworth, by and through its mayor and council, shall have full power and authority to grade, pave and otherwise improve for travel and drainage, any streets, sidewalks, public lanes, and alleys in said city. They shall have full power and authority to assess 90% of the cost of paving and otherwise improving sidewalks against the real estate abutting on the sidewalk so paved or improved, but only on the side of the street on which the sidewalk is paved or improved. They shall also have full power and authority to assess one-third of the cost of paving and otherwise improving streets in said city against the real estate abutting on the street. The cost of such improvements assessed against the abutting property shall be a lien on such property so assessed, and collection thereof may Page 2026 be enforced by execution and sale, as shall be provided by ordinance adopted by the mayor and council. Street improvements. Section 44. Be it further enacted by the authority aforesaid, that 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 Chatham County to issue the call for an election for the purpose of submitting this Act to the voters of Chatham County who reside in the area hereby incorporated, for approval or rejection of the incorporation of the City of Port Wentworth. The ordinary will set the date of election for a day not less than twenty 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 of the election in the official organ of Chatham County in which sheriff's advertisements are published. The ballot shall have printed thereon the words: For approval of the Act creating a charter for the City of Port Wentworth in the County of Chatham; Against approval of the Act creating a charter for the City of Port Wentworth in the County of Chatham. Referendum. All qualified persons desiring to vote in favor of the Act shall vote for approval, and those qualified persons desiring to vote for rejection of the Act shall vote against approval. If a majority of those qualified persons voting in such election shall vote for approval of the Act, then this Act 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 this Act shall be void and of no force or effect. It shall be the duty of the Ordinary of Chatham County to hold and conduct such election for approval or rejection of the charter created under this Act. It shall be the duty of the ordinary to canvass the returns and to declare and certify the results of this election. It shall be his further duty to certify the results of this election to the Secretary of State. Section 45. Be it further enacted by the authority Page 2027 aforesaid, that P. B. Edwards be, and he is hereby designated as Temporary Registrar of the City of Port Wentworth, should this Act be approved as hereinbefore provided. Temporary registrar. Section 46. Be it further enacted by the authority aforesaid, that not less than 15 days nor more than 20 days after the certification of the approval of this Act to the Secretary of State by the Ordinary of Chatham County, as hereinbefore provided, the said P. B. Edwards shall open a book for the registration of voters of said city, and all qualified voters as hereinbefore provided, shall register with said temporary registrar and take the oath of registration to vote prescribed in Section 17 of this Act. Said temporary registrar shall keep the book of qualified voters open for a period of 20 days, at which time he shall close registrations for the first or the initial election of mayor and councilmen of said city. Within 15 days after the closing of the voters registration book by the temporary registrar as aforesaid, said temporary registrar shall appoint two managers to assist him in the holding of a special election for the election of the first or initial mayor and councilmen of said city. Said first or initial election shall be conducted by said temporary registrar with the assistance of his two managers, and shall be held at the Cherokee Homes Community House within the incorporated limits of the City of Port Wentworth. The polls shall open at 7 o'clock A.M. and shall be closed at 7 o'clock P.M. on the Saturday next after the 16th day after the closing of the registration book of voters as aforesaid. The temporary registrar and his said managers shall count the ballots after the close of the polls, consolidate the returns and shall certify the results thereof to the Ordinary of Chatham County, Georgia. This initial election of a mayor and councilmen for the City of Port Wentworth shall be held under the general supervision of the Ordinary of Chatham County, Georgia. The temporary registration book of the temporary registrar shall be kept by him at his residence at 419 Turnberry Street, in Port Wentworth, Georgia. Candidates for the first or initial mayor and councilmen of Page 2028 said city shall give notice of their candidacy and specify the office which they seek, in writing at least 15 days before the date the initial election is to be held, such notice to be addressed to the temporary registrar by registered or certified mail at his residence at 419 Turnberry Street, in Port Wentworth, Georgia. Same, election of officers. The persons elected as mayor and councilmen at the first or initial election of said city shall take office on the fifth day after their election, and shall serve in office until December 31, 1958. Section 47. The next election of mayor and councilmen for said city shall be held on the first Saturday in December, 1958, and a regular election for mayor and councilmen for said city shall be held biennially thereafter on the first Saturday in the month of December. The mayor and councilmen elected at each of these regular elections of said city shall take office on the first day of January following their election in December, and they shall hold offices for a period of two (2) years and until their successors are elected and qualified. Terms of mayor and councilmen. Section 48. 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 parts, unless expressly so held by a court of competent jurisdiction. In the event the General Assembly shall have granted herein to the City of Port Wentworth any powers or authorities in excess of any such permitted by the Constitution and laws of Georgia, or of the United States, then such powers or authorities herein given shall be construed to extend just so far as possible not to exceed the said authority of the General Assembly. Section 49. Be it further enacted by the authority aforesaid, that a copy of notice of intention to apply for Page 2029 this local legislation and the certificate of the publisher showing the publication of such notice as required by law, are attached thereto and made a part of this Act, and it is hereby declared that all the requirements of the Constitution and laws of the State of Georgia relating to publication of notice of intention to apply for the passage of this local legislation have been complied with before the enactment of this Act. Section 50. There is attached hereto and made a part hereof an affidavit and notice of intention to apply for local legislation. State of Georgia, County of Chatham. Personally appeared before me, the undersigned attesting officer, Frank S. Cheatham, Jr., Edgar P. Eyler, and Edward T. Brennan, affiants, who after being duly sworn depose and say on oath that they are the sponsors of the bill to which this affidavit is attached, and that the above and foregoing notice of intention to introduce local legislation was published in the Savannah Evening Press, which said newspaper is the official organ of Chatham County, Georgia, on December 27, 1956, January 3, 1957 and January 10, 1957. /s/ Frank S. Cheatham, Jr. (L.S.) Frank S. Cheatham, Jr. /s/ Edgar P. Eyler (L.S.) Edgar P. Eyler /s/ Edward T. Brennan (L.S.) Edward T. Brennan Sworn to and subscribed before me, this 14 day of Jan., 1957. /s/ Frances Y. Read, Notary Public, Fulton County, Georgia. Page 2030 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 Legal Notice. 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 incorporate the City of Port Wentworth, and to grant a charter to said city; to grant corporate powers to said city; to define corporate limits; to vest government of the municipality in a mayor and six councilmen; to fix qualifications of the mayor and councilmen and provide manner of qualifying as candidates; to authorize enactment of ordinances and regulations respecting businesses and areas, preservation of order and morality, prescribe punishment for violations, and to grant powers and authority to mayor and councilmen; to define duties and powers of mayor; to provide for selection of mayor pro tem. and fix his duties and powers; to provide oath of mayor and councilmen; to provide for selection and compensation of city clerk, city treasurer, city attorney and other officers and employees of city; to provide for filling of vacancies; to empower to fix time, place and rules of meeting; to provide salaries of mayor and councilmen; to authorize employment of Page 2031 chief of police and other police officers; to provide for establishment of fire department and employment of personnel and purchase of equipment for department; to authorize enactment of ordinances regulating traffic and providing penalties for violations; to fix qualifications of voters in city elections; to provide for permanent registration of voters, their oath, appointment of registrar, time of closing registration books of city; to grant authority to regulate and control use of streets, sidewalks, lanes, and power to provide for the layout thereof and to move obstructions therefrom, regulate signs thereon, to condemn private property for public purposes; to authorize ordinances requiring registration of businesses, imposing business licenses, requiring payment thereof and providing for penalty for violation, fixing classifications and licenses for businesses and revocation of license if business constitutes a nuisance or endangers health or morals; to control, or to prohibit, the keeping of animals or fowls in the city limits, and to provide for impounding the same and charging and collecting a fee therefor; to provide for abatement of nuisances, and concurrent jurisdiction over nuisances; to empower to enter premises where spirits suspected of being illegally sold, to seize the same, and to abate the nuisance; to provide for suppression of lewdness and immorality, and preservation of sanctity of the Sabbath and protection of places of worship; to authorize enactment of ordinances respecting morals, disorderly conduct, and other ordinances to promote peace, comfort and security of inhabitants of city, and to enforce ordinances by penalties; to provide for zoning and planning ordinances, establishment of districts, regulate buildings and their uses; to provide for issuance of bonds in the name of the city for specified purposes and for any municipal purposes; to provide for establishment of police court for said city, the presiding officer thereof, and his oath; to provide punishments for violations of city ordinances, punishment for contempt of court, issuance of warrants for offenses against the State, committal trial and commitment of offenders against State; to provide for clerk of police court; to provide for certiorari from police court; to provide for appearance Page 2032 bonds and for forfeiture thereof; to provide for dockets for said police court, issuance of subpoenas, and contempt for not obeying subpoenas; to empower the mayor of the city to pardon, suspend or commute sentences imposed for violation of city ordinances; to provide for granting of franchises, and for entering into contracts respecting utilties and public services; to provide for assessment of ad valorem taxes, and limiting the rate thereof; to provide for making of tax returns, adjustment thereof, the issuance of executions for delinquent taxes, licenses and assessments, and levy thereof, advertisement of sale, sale of property to satisfy execution, and conveyance of title to the purchaser thereof; to provide for pavement and improvement of streets, sidewalks, lanes, alleys, drains, and for assessment of part of costs for improvements of streets and sidewalks against owner of abutting lots or lands, creating liens therefor and enforcement of payment thereof; to provide for call and holding of special election by the Ordinary of Chatham County for approval or rejection of the Act incorporating the City of Port Wentworth, canvassing the returns of the election, and certification of the result to the Secretary of State; to name and appoint a temporary registrar for said city; to provide for initial registration of voters through the temporary registrar, the period of such registration, the oath of the registrant, election of the first mayor and councilmen, giving notice of their candidacy and terms of office of the first-elected mayor and councilmen; to provide for succeeding regular elections of mayor and councilmen and terms of their offices; 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. Frank S. Cheatham, Jr., Edgar P. Eyler, Edward T. Brennan. has been published in said Savannah Evening Press, once Page 2033 a week for 3 weeks, to wit in the regular issues of December 27, 1956, January 3-10, 1957. /s/ Helen Pope. Sworn to and subscribed before me, this 12th day of January, 1957. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal). Approved February 6, 1957. ATHENSCHARTER AMENDED. No. 3 (House Bill No. 136). 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 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved November 11, 1889 (Ga. L. 1889, p. 998) so as to extend and alter the terms of the office of the mayor and aldermen of the City of Athens; to provide for 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 amend the Charter of the Town of Athens, and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved November 11, 1889 (Ga. L. 1889, p. 998) is hereby amended by the addition of the following section in said Act: The terms of office of the mayor and of the aldermen of the mayor and council of the City of Athens who Page 2034 shall be in office on December 31, 1957 are hereby extended through December 31, 1960. Thereafter, the terms of the office of the mayor and of all of the aldermen of the mayor and council of the City of Athens shall be four years. Mayor and aldermen, terms extended. Section 2. Not less than 15 nor more than 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 mayor and council of the City of Athens to issue the call for an election for the purpose of submitting this Act to the voters of the City of Athens for approval or rejection. The mayor and council of the City of Athens shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The mayor and council of the City of Athens 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 Clarke County. The ballot shall have printed thereon the words: Referendum. For approval of the Act extending and altering the terms of the Mayor and City Council of Athens. Against approval of the Act extending and altering the terms of the Mayor and City Council of Athens. 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 the votes cast on such questions are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are 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 Athens. It shall be the duty of the mayor and council of the City of Athens to hold and conduct such election. It shall be the duty of the mayor to canvass the returns and declare and certify the result of the election. It shall be his Page 2035 further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the mayor and council of the City of Athens intends to apply to the General Assembly of Georgia at the January, 1957, session thereof for an amendment to the charter of the mayor and council of the City of Athens, said amendment to extend the term of office of the mayor and of the aldermen in office on December 31, 1957, until December 31, 1960, and to further provide that thereafter the term of office of the mayor and of all aldermen shall be four years and to further provide that such amendment to the charter of the mayor and council of the City of Athens shall take effect only in the event that the same is approved by a majority of the qualified voters of the City of Athens voting in a referendum held for that purpose. This January 3, 1957. Mayor and Council of the City of Athens. Jack R. Wells, Mayor. J 4-11-18. Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared 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 Page 2036 Athens Banner-Herald on January 4, January 11 and January 18, 1957. /s/ E. B. Braswell. Certified, sworn to and subscribed before me this 19th day of January, 1957. /s/ James Barrow, Notary Public, Clarke County, Georgia. (Seal). Approved February 11, 1957. ATHENS, CHARTER AMENDED. No. 4 (House Bill No. 209). 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 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved December 17, 1953 (Ga. L. 1953, p. 2635) so as to extend and alter the terms of the office of the recorder of the City of Athens; to provide for 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 amend the Charter of the Town of Athens, and the various Acts amendatory thereof, approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, particularly by an Act approved December 17, 1953, (Ga. L. 1953, p. 2635) is hereby amended by the addition of the following section in said Act: Page 2037 The term of office of the recorder of the City of Athens who shall be in office on December 31, 1957 is hereby extended through December 31, 1960. Thereafter, the term of office of the recorder of the City of Athens shall be four years. Recorder, term extended. Section 2. Not less than 15 nor more than 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 mayor and council of the City of Athens to issue the call for an election for the purpose of submitting this Act to the voters of the City of Athens for approval or rejection. The mayor and council of the City of Athens shall set the date of such election for a day not less than 15 nor more than 30 days after the date of the issuance of the call. The mayor and council of the City of Athens 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 Clarke County. The ballot shall have printed thereon the words: Referendum. For approval of the Act extending and altering the terms of the Recorder of Athens. Against approval of the Act extending and altering the terms of the Recorder of Athens. 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 the votes cast on such questions are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are 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 Athens. It shall be the duty of the mayor and council of the City of Athens to hold and conduct such election. It shall be the duty of the mayor to canvass the returns and declare and certify the result of the election. It shall be his Page 2038 further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the mayor and council of the City of Athens intends to apply to the General Assembly of Georgia at the January, 1957, session thereof for an amendment to the charter of the mayor and council of the City of Athens, said amendment to extend the term of the office of city recorder in office on December 31, 1957, until December 31, 1960, and to further provide that thereafter the term of office of the city recorder shall be four years and to further provide that such amendment to the charter of the mayor and council of the City of Athens shall take effect only in the event that the same is approved by a majority of the qualified voters of the City of Athens voting in a referendum held for that purpose. This January 11, 1957. Mayor and Council of the City of Athens. Jack R. Wells, Mayor. J 11-18-25. Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared 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 Page 2039 to apply for local legislation was published in the Athens Banner-Herald on January 11, 18 and 25, 1957. /s/ E. B. Braswell. Certified, sworn to and subscribed before me this 26th day of January, 1957. /s/ James Barrow, Notary Public, Clarke County, Georgia. (Seal). Approved February 11, 1957. SAVANNAH-CHATHAM COUNTY SCHOOL SYSTEM. No. 5 (House Bill No. 26). An Act to empower trustees of Chatham Academy to give, transfer, and convey to the Board of Public Education for the City of Savannah and the County of Chatham all or any property of said trustees, and to provide that such transfer and conveyance of all properties now owned by said trustees shall constitute performance by said trustees of all their duties and shall effect their discharge as trustees. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. It appearing that trustees of Chatham Academy is a body created by Act of the General Assembly of Georgia, February 1, 1788, for education purposes in Chatham County, Georgia, as in said Act provided, for which purposes said trustees acquired and still hold real and personal properties in said county; Page 2040 and that thereafter the Board of Public Education for the City of Savannah and the County of Chatham was created by the General Assembly of Georgia to provide, among other things, for the education of youth in said county, and was vested with those powers deemed appropriate to accomplish such purpose, thus having the same objective for which the trustees of Chatham Academy had been created; and it further appearing that for many years said Trustees of Chatham Academy have leased to said Board of Public Education at a nominal rental the improved real property held by said trustees in the City of Savannah in said county, to be used and operated by said Board for educational purposes; and it further appearing that there now exists a duplication which serves no useful purpose and that it is in the public interest that all property, both real and personal, now owned by said trustees, should become the property of said board to be by it administered and devoted to educational objectives; said trustees of Chatham Academy are therefore authorized and empowered hereby to give, grant, convey, transfer and assign unto the Board of Public Education for the City of Savannah and the County of Chatham, without requiring the payment of any consideration therefore, all or any of the real and personal properties belonging to said trustees of Chatham Academy. Section 2. The transfer and conveyance by trustees of Chatham Academy to the Board of Public Education for the City of Savannah and the County of Chatham of all properties, real and personal, now owned by said trustees shall be deemed to be, and shall constitute, full and complete performance by said trustees of each and every duty resting upon them as such trustees; and upon completion of such transfer and conveyance of all of said properties, said trustees, and each of them, shall stand discharged of their trust and of all further liability and responsibility relative thereto. Section 3. All laws and parts of laws in conflict with the foregoing are hereby repealed. Page 2041 Section 4. There is attached hereto and made a part hereof a copy of the notice of intention to apply for the enactment of this bill certified to by the advertising clerk of the Morning News Inc..; that the Morning News Inc., publishes the Savannah Evening Press which is a public gazette published daily in Savannah, Georgia, and of general circulation there and that said notice was published once a week for three weeks on December 12, 19, and 26, 1956, in regular issues of the Savannah Evening Press. 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 Legal Notice. Notice is hereby given that at the session of the General Assembly of Georgia which will convene on January 14, 1957, application will be made for the enactment of a local law giving to trustees of Chatham Academy power to convey by deed of gift to the Board of Public Education for the City of Savannah and the County of Chatham, all the former's property, both real and personal, thereby fully and completely performing each and every duty resting upon them as trustees, whereupon said trustees shall stand discharged of their trust and of all further liability and responsibility relative thereto. has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues Page 2042 of December 12-19-26, 1956. Helen Pope. Sworn to and subscribed before me this 26th day of December, 1956. Viola F. Schwaab, Notary Public, Chatham County, Ga. Approved February 11, 1957. EARLY COUNTYTREASURER'S SALARY. No. 8 (House Bill No. 36). An Act to amend an Act providing for a salary for the treasurer of Early County, approved March 19, 1935 (Ga. L. 1935, p. 645), so as to change the compensation of such treasurer; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a salary for the treasurer of Early County, approved March 19, 1935 (Ga. L. 1935, p. 645), is hereby amended by striking in its entirety section 1, relating to the salary of the treasurer, and inserting in lieu thereof a new section 1, to read as follows: Section 1. The treasurer of Early County shall receive as full compensation for his services a salary of $1,800.00 per annum, payable in equal monthly installments from the funds of Early County, which shall be in lieu of all fees and commissions allowed by law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. January 10, 1957 Blakely, Georgia Page 2043 To whom it may concern: Notice of Local Legislation. A bill to amend a bill which created the office of treasurer of Early County and to re-fix salary of same, at coming session of General Assembly. This 17th day of December, 1956. L. H. Baughman, Representative. This is to attest that the above notice of local legislation has appeared in The Early County News, official organ of the County of Early, four successive issues on the dates as listed below: December 20, 1956 December 27, 1956 January 3, 1957 January 10, 1957 /s/ Alvan T. Fleming Alvan T. Fleming, Editor Publisher, The Early County News, official organ of the County of Early. Sworn before me this 10th day of January, 1957: Marjorie S. Mueller, N. P.Ga.State at Large. Approved February 11, 1957. Page 2044 CITY COURT OF AMERICUS, JUDGE'S SALARY No. 9 (House Bill No. 29). An Act to amend an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Sumter County, Georgia, approved November 22, 1900, and all Acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Americus; to provide for the disposition of compensation received as Judge of the Juvenile Court or as referee of the Juvenile Court; to provide for the appointment and compensation of a legal representative for said Juvenile 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 of 1920 (Ga. L., pages 304 et seq.) and as amended by the Act of 1951 (Ga. L., pages 2030 et seq.) is hereby amended by striking in section 1 the following words and figures: four thousand two hundred ($4,200.00) dollars per annum, and substituting in lieu thereof the following words and figures: six thousand ($6,000.00) dollars per annum, so said section as amended shall read: Section 1. The Judge of the City Court of Americus, Sumter County, Georgia shall receive the salary of six thousand ($6,000.00) dollars per annum, and that said salary shall be paid in monthly installments out of the treasury of the County of Sumter by the person or persons charged by law paying out money of said county. Section 2. Be it further enacted that this Act shall become effective on the date of its approval by the Governor. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Page 2045 Section 4. Attached hereto and made a part hereof is a copy of a Notice of Intention for this bill, properly certified as required by law. Legal Notice. Notice is hereby given that application will be made, at the next session of the General Assembly of Georgia, January-February, 1957 Session, for the passage of a local bill, the Caption of which is as follows: An Act to amend an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Sumter County, Georgia, approved November 22, 1900, and all acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Americus; to provide for the disposition of compensation received as Judge of the Juvenile Court or as referee of the Juvenile Court; to provide for the appointment and compensation of a legal representative for said juvenile court; and for other purposes. This the 20th day of December, 1956. /s/ Hollis Fort, Jr., Hollis Fort, Jr., County Attorney for Sumter County, Georgia. 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 are published and that the attached notice of intention to ask for local legislation Page 2046 was published in said newspaper on December 21, 28, 1956 and January 4, 1957. /s/ Rudy Hayes Rudy Hayes, Managing Editor. Sworn to and subscribed before me this the 11th day of January, 1957. /s/ Ann W. Sheffield, Notary Public, State at Large, Georgia. My Commission Expires: 11-8-58. Notarial seal affixed. No. 4703. Legal Notice. Notice is hereby given that application will be made, at the next session of the General Assembly of Georgia, January-February, 1957 session, for the passage of a local bill, the Caption of which is as follows: An Act to amend an Act entitled An act to establish the City Court of Americus, to be located and held in the City of Americus, Sumter County, Georgia, approved November 22, 1900, and all acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Americus; to provide for the disposition of compensation received as Judge of the Juvenile Court or as referee of the Juvenile Court; to provide for the appointment and compensation of a legal representative for said Juvenile Court; and for other purposes. This the 20th day of December, 1956. Hollis Fort, Jr., County Attorney for Sumter County, Georgia. Approved February 11, 1957. Page 2047 GUYTONCHARTER AMENDED. No. 12 (House Bill No. 95). An Act to amend an Act creating a new charter for the Town of Guyton, approved March 10, 1933 (Ga. L. 1933, p. 952) so as to change the maximum ad valorem tax rate which may be levied by the mayor and council of said town; 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 Guyton, approved March 10, 1933 (Ga. L. 1933, p. 952) is hereby amended by striking from section 70 of said Act the word and figure four (4) and substituting in lieu thereof the word and figure ten (10), so that when so amended said section will read as follows: Section 70. Be it further enacted, that the mayor and council of said town shall have full power and authority to levy and collect an ad valorem tax, not to exceed ten (10) mills, upon all property real and personal within the corporate limits of the town, which is taxable under the laws of this State, and to provide the manner in which the same shall be collected. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Georgia, Effingham County. A bill will be introduced in the 1957 session of Georgia legislature amending the charter of the Town of Guyton, providing to raise the tax millage rate to a maximum of 10 mills and for other purposes. Complainants should write to H. N. Ramsey, Sr., representative. Page 2048 Mayor and Council, Town of Guyton, Ga. 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: November 23, 1956; November 30, 1956 and January 18, 1957. /s/ H. N. Ramsey, Sr., Representative, Effingham County. Sworn to and subscribed before me this 21 day of January, 1957. /s/ Janette Hirsch, Notary Public. Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved February 11, 1957. CARTERSVILLESCHOOL BOARD. No. 14 (House Bill No. 6) An Act to amend an Act creating a new charter for the City of Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, so as to abolish the present board of education of the City of Cartersville; to create the Cartersville School Board; to provide for Page 2049 members of said board; to provide for terms of office; to provide for qualifications; to provide the method of election of said members; to provide for the appointment of a city school superintendent; to provide for the term of office; to provide for the appointment of principals, teachers, and other school personnel; to provide for the powers and duties of the board and the superintendent; to provide for the method of filling vacancies; 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 Cartersville, approved February 8, 1937 (Ga. L. 1937, p. 1532), as amended, is hereby amended by striking in its entirety section 119, relating to the board of education, and inserting in lieu thereof a new section 119, to read as follows: Section 119. Effective as hereinafter provided, there is hereby created a board to be known as the Cartersville School Board, to be composed of five members. One member of the board shall reside in each of the four wards of the city, and the fifth member may reside anywhere within the corporate limits. The qualifications of such members shall be the same as those of members of the board of aldermen. Candidates for membership on the board shall qualify by designating whether they offer as a candidate for a ward position or the city-at-large position. All members, however, shall be elected by the voters of the entire city. Except as otherwise provided herein, candidates shall qualify in the same manner as candidates for the board of aldermen and mayor are required to qualify, and elections therefor shall be held, in all particulars, in the same manner as elections for mayor and aldermen. 1937 Act amended. After the approval of this Act by the Governor, or after its otherwise becoming a law, the governing authorities of the City of Cartersville shall hold a referendum election as provided in chapter 69-1 of the Code of Page 2050 Georgia of 1933, as amended. In the event this Act becomes effective as provided in said chapter, the mayor and aldermen, or a majority thereof, shall direct the election managers to call and hold an election in said city, to be held within thirty (30) days after this Act becomes effective as provided in said chapter. The members of the board created herein shall be elected at such election, and the candidates receiving the highest number of votes for each position shall be elected and shall, within five (5) days after the consolidation and certification of the election returns, qualify and begin their terms of office on said board. The three winning candidates receiving the highest number of votes in said election shall serve until the first Wednesday in January, 1961 and until their successors are elected and qualified. The two winning candidates receiving the next highest number of votes in said election shall serve until the first Wednesday in January 1959 and until their successors are elected and qualified. Thereafter, the term of office of each member of the board shall be for four years and until his successor is elected and qualified. The successor to a board member whose term expires shall be elected in a general city election to be held on the second Wednesday in December of the year immediately precding the date of the expiration of the term of such member, and successors shall take office on the first Wednesday in January following their election. Upon the qualification of the first members elected as provided herein, the present board of education of the City of Cartersville shall stand abolished. Referendum. Three members of the Cartersville School Board shall constitute a quorum, and a majority vote shall be sufficient for the transaction of any business except as relates to the election or dismissal of superintendents, principals and teachers, wherein a majority of the entire board shall be necessary to transact such business. The Cartersville School Board shall succeed to all powers and duties provided in the charter of the City of Cartersville, as amended, for the board of education, and shall have such other powers and duties as are prescribed by law for Page 2051 municipal school boards or municipal boards of education. There is hereby created the office of city school superintendent, whose term of office shall be for three years. The first superintendent shall be elected by the school board created herein for a term beginning July 1, 1957 and which shall expire on June 30, 1960. All successors shall begin their terms of office on July 1 following the expiration of the term of the person whom they succeed. The superintendent shall be the chief administrative officer of the Cartersville school system and shall have such other duties as are provided in the charter of the City of Cartersville or as may be prescribed by the board. A vacancy in the office of superintendent shall be filled by a majority vote of the entire board for the unexpired term. The city school principals, teachers and other school personnel for the 1957-58 school year, and for each year thereafter, shall be appointed by the board created herein. Section 2. Said Act is further amended by striking Section 127 in its entirety and inserting in lieu thereof a new Section 127, to read as follows: Section 127. Any member of the Cartersville School Board may be removed from office for incompetency, inefficiency, neglect of duty, misconduct in office, or for behavior unbecoming a member of the board, by a vote of three-fifths of all members of the board of aldermen of said city upon a specification of charges submitted and sustained by proof. In case of a vacancy on said board occurring other than by reason of expiration of term of office, the remaining members of the board, at a regular meeting or a special meeting called for such purpose, shall elect a qualified person to serve as a member of the board for the unexpired term. Removal from office. Section 2-A. Provided, however, that this Act shall not in any manner affect or impair the validity of any existing contracts entered into before the effective date of this Act. Existing contracts. Page 2052 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Georgia, Bartow County: Notice is hereby given that legislation will be introduced at the next session of the General Assembly of Georgia which convenes on January 14, 1957, as follows: An Act to amend an Act granting a new charter to the City of Cartersville in Bartow County, Georgia, approved February 8, 1937, (Ga. L. 1937, pages 1532 to 1595); to provide for abolishing the board of education for the City of Cartersville, to create a school board for said city, to provide for five members for said board who shall be officers, one to be elected from each of the four wards and one from the city at large, to provide for the term of office for each of said board members, to provide the qualifications for said members, to provide for the election of said members by the duly qualified registered voters of the city at an election to be held after the passage of this act to elect the first members and thereafter on the second Wednesday in December of the year immediately preceding the date of expiration of the term of any of such members, to provide the term of office for and the appointment of city school superintendent with a fixed term of three years each beginning on July 1, 1957, and to provide for the appointment of city school principals, teachers and other school personnel by the newly elected school board, define the superintendent's duties, to provide the powers and prescribe the duties of said board, to repeal section 119 of the aforesaid act and enact a new section in lieu thereof, to provide for the filling of vacancies in said offices, and for other purposes. /s/ W. H. Bradley W. H. Bradley /s/ W. B. Greene W. B. Greene Page 2053 Representative for Bartow County, Ga. Affidavit. Georgia, Bartow County: Personally appeared before the undersigned authority, duly authorized to administer oaths, W. H. Bradley and William B. Greene, who, on oath, depose and say that they are Representatives from Bartow County, and that the attached copy of Notice of Legislation was published in the Tribune News, which is the official organ of Bartow County, on the following dates: November 22, 1956; November 29, 1956; December 6, 1956; December 13, 1956. /s/ W. H. Bradley W. H. Bradley /s/ W. B. Greene W. B. Greene Representatives Bartow Co., Ga. Sworn to and subscribed before me this 14 day of January, 1957. /s/ Frank H. Edwards Notary Public, Georgia, State at Large My Commission Expires October 14, 1959. (Seal). Approved February 11, 1957. BALDWIN COUNTY-TREASURER. No. 16 (House Bill No. 43). An Act to abolish the office of the county treasurer of Baldwin County; to provide that the board of county Page 2054 commissioners for Baldwin County shall perform the duties and functions of county treasurer; to provide for the designation of county depositories; to provide qualifications for county depositories; 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 the county treasurer of Baldwin County is hereby 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 the date of such vacancy. Office abolished. Section 2. The board of county commissioners of Baldwin County shall perform the duties of county treasurer on and after the date the office of county treasurer is abolished. The commissioners shall designate a new county depository at the first meeting of the commissioners held in each year and shall cause the designated county depository to be rotated each year. The commissioners shall not designate a county depository unless it has been established for at least five years prior to the effective date of the designation. County depositories. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to abolish the office of county treasurer of Baldwin County effective as of December 31, 1960 or upon the occurrence of a vacancy of that office prior to December 31, 1960; to provide that the board of county commissioners for Baldwin County shall perform Page 2055 the functions of county treasurer; to provide that the county commissioners shall designate a county depository each year; to provide qualifications for the county depository; and for other purposes. This 31 day of December, 1956. Robert L. Griffith, Representative, Baldwin County E. Culver Kidd, Representative, Baldwin County. 3 3tc. Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, 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: December 28, 1956, January 3 and January 10, 1957. /s/ Culver Kidd Representative, Baldwin County. Sworn to and subscribed before me this 16 day of January, 1957. /s/ Frances Y. Read Notary Public, Fulton Co. Approved February 11, 1957. Page 2056 VITAL STATISTIC RECORDSCUSTODIANCOMPENSATION IN CERTAIN COUNTIES. No. 17 (House Bill No. 83). An Act to provide that the ordinaries in certain counties shall be custodians of the vital statistic records; to provide compensation for such service; 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 less than 31,050 and not more than 33,000 according to the 1950 U. S. Census or any future such census, the ordinary shall be the custodian of the vital statistic records of that county. He shall receive as compensation for such service the sum of $1,000 per annum, payable monthly from county funds, in addition to any and all other compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 11, 1957. CITY COURT OF AMERICUSSOLICITOR'S SALARY. No. 19 (House Bill 27). An Act to amend an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Sumter County, Georgia, approved November 22, 1900, and all Acts amendatory thereof, to provide for a change in the salary of the solicitor of the City Court of Americus; and for other purposes. Page 2057 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 of 1920 (Ga. L. 1920, pp. 304 et seq.) and as amended by the Act of 1951 (pages 230 et seq.) be and the same is hereby amended by striking in section 1 the following words and figures: receive an annual salary of twenty-four hundred $2,400.00) dollars, and substituting in lieu thereof the following words and figures: receive an annual salary of thirty-six hundred ($3,600.00) dollars so said section as amended shall read: Section 1. The solicitor of the City Court of Americus, Georgia shall receive the salary of thirty-six hundred ($3,600.00) dollars per annum, and that said salary shall be paid in monthly installments out of the treasury of the County of Sumter by the person or persons charged by law with paying out money of said county. Section 2. Be it further enacted that this Act shall become effective on the date of its approval by the Governor. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 4. Attached hereto and made a part hereof is a copy of a notice on intention for this bill, properly certified as required by law. Legal Notice. Notice is hereby given that, at the next session of the General Assembly of Georgia, January-February, 1957 Session, application will be made for the passage of a local bill, the Caption of which is as follows: An Act to amend an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Sumter County, Georgia, approved November Page 2058 22, 1900, and all Acts amendatory thereof, to provide for a change in the salary of the solicitor of the City Court of Americus; and for other purposes. This the 20th day of December, 1956. /s/ Hollis Fort, Jr. Hollis Fort, Jr., County Attorney for Sumter County, Georgia. 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 are published and that the attached Notice of Intention to ask for local legislation was published in said newspaper on December 21, 28, 1956 and January 4, 1957. /s/ Rudy Hayes, Rudy Hayes, Managing Editor. Sworn to and subscribed before me this the 11th day of January 4, 1957. /s/ Ann W. Sheffield Notary Public, State at Large, Georgia. My Commission expires 11-8-58. (Seal). No. 4704 Legal Notice. Notice is hereby given that at the next session of the General Assembly of Georgia, January-February 1957 Page 2059 Session, application will be made for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled An Act to establish the City Court of Americus, to be located and held in the City of Americus, Sumter County, Georgia, approved November 22, 1900, and all acts amendatory thereof, to provide for a change in the salary of the solicitor of the City Court of Americus; and for other purposes. This the 20th day of December, 1956. Hollis Fort, Jr., County Attorney for Sumter County, Georgia. Approved February 11, 1957. MUSCOGEE COUNTYPENSION SYSTEM. No. 22 (House Bill No. 82). An Act to amend an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County shall provide for a permanent pension fund for present and future employees, including the city county health department and elective salaried officers, etc., and all Acts amendatory thereof by granting to employees serving Muscogee County, Georgia, for thirty (30) years of accumulated or continuous service certain benefits regardless of whether or not their service has terminated prior to gaining the required minimum age provided in said Act, and by granting to said thirty-year employees increased benefits as they attain the ages provided in 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 an Act approved March 9, 1945, Page 2060 be entitled, An Act to provide that Muscogee County, Georgia, provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc., which Act is set forth in Ga. L. 1945, p. 1100, approved March 9, 1945, and as amended by Act set forth in Ga. L. 1951, p. 2018, approved January 29, 1951, and as amended by Act set forth in Ga. L. 1955 p. 2252, approved February 8, 1955, be and the same is hereby amended by adding to section 5 of said Act the following: (4) Employees serving the county for thirty (30) years of accumulated or continuous service shall be eligible to be paid benefits provided herein upon attaining the required ages provided herein, regardless of whether or not their service to the county has terminated prior to gaining the required minimum age provided herein. Further, said employees serving the county for thirty (30) years of accumulated or continuous service shall receive the benefits provided herein as they attain the ages provided in section 5, Sub-paragraph (3), until they reach the maximum benefit provided for employees sixty (60) years of age or over, so that said section 5, as amended, shall read as follows: Retirement: Section 5. Be it further enacted by the authority aforesaid and it is hereby enacted by said authority that whenever any employee shall have served the county for twenty-five years in the aggregate and attained the age of sixty (60) years or otherwise qualified as hereinafter provided, shall be permitted to retire unrestricted from active service on his or her own motion, upon submission of evidence of eligibility, as follows: (1) Employees earning $300 or more per month at retirement shall be paid $150 per month maximum for life after attaining both objectives, twenty-five (25) years of accumulated service and sixty (60) years of age, or on either of the two partial benefit scales, as provided in item (3). (2) Employees earning under $300 per month at retirement shall be paid fifty (50%) per cent of actual Page 2061 salary for life after attaining both objectives, twentyfive (25) years of accumulated service and sixty (60) years of age or fifty (50%) per cent on either of the two partial benefit scales, as provided in Item (3). (3) After attaining age 60 After 15 years' service $ 40 per month 16-20 years' service 80 per month 21-25 years' service 115 per month After 25 years' service 150 per month After attaining 25 years' service After 50 yrs. of age $ 40 per month 51-55 yrs. age 80 per month 56-60 yrs. of age 115 per month After 60 yrs. of age 150 per month (4) Employees serving the county for thirty (30) years of accumulated or continuous service shall be eligible to be paid benefits provided herein upon attaining the required ages provided herein, regardless of whether or not their service to the county has terminated prior to gaining the required minimum age provided herein. Further, said employees serving the county for thirty (30) years of accumulated or continuous service shall receive the benefits provided herein as they attain the ages provided in section 5, sub-paragraph (3), until they reach the maximum benefit provided for employees sixty (60) years of age or over. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that all laws and portions of laws which conflict with the provisions of these Acts be and the same are hereby repealed. Section 3. Be it further enacted by the authority aforesaid that the General Assembly advises upon investigating and so declares that the notice of intention to apply for the enactment of this bill was published in the manner required by Article III, Section 7, Paragraph 15, of the Constitution of Georgia of 1945. Page 2062 A copy of said notice and of the proof of publication required by said Constitution is hereto attached and made a part hereof. Georgia, Muscogee County: Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 14, 1957, for the passage of a local bill to amend an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County, shall provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc. and all Acts amendatory thereof by granting to employees serving Muscogee County, Georgia, for thirty (30) years of accumulated or continuous service certain benefits regardless of whether or not their service has terminated prior to gaining the required minimum age provided in said Act, and by granting to said thirty-year employees increased benefits as they attain the ages provided in said Act, and for other purposes. This 26th day of December, 1956. /s/ Steve Knight Steve Knight Member, Board of Trustees Muscogee County Pension Fund. Georgia, Muscogee County: Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 14, 1957, for the passage of a local bill to amend an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County, shall provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc. and all Acts amendatory Page 2063 thereof by granting to employees serving Muscogee County, Georgia for thirty (30) years of accumulated or continuous service certain benefits regardless of whether or not their service has terminated prior to gaining the required minimum age provided in said Act, and by granting to said thirty-year employees increased benefits as they attain the ages provided in said Act, and for other purposes. This 26th day of December, 1956. /s/ Steve Knight Member, Board of Trustees Muscogee County Pension Fund. Affidavit of Publication. Georgia, Muscogee County: Personally appeared before the undersigned Maynard R. Ashworth who on oath says that he is publisher of the Columbus Ledger-Enquirer, and that the attached legal advertisement was published in the Columbus Ledger on the following dates; December 29, 1956, January 5 and 12, 1957. /s/ M. R. Ashworth. Sworn to and subscribed before me this 14 day of Jan. 1957. /s/ Wallace A. Kitchens Notary Public, Muscogee County, Georgia. Notarial Seal affixed. Georgia, Muscogee County: In person appeared before the undersigned officer, who is duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on his oath that he is publisher of the Columbus Ledger, the daily newspaper in which sheriff's advertisements for Page 2064 the locality affected are published; and that the foregoing notice of an intention to apply for passage of a local bill amending an Act approved March 9, 1945, entitled An Act to provide that Muscogee County, shall provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc., and all Acts amendatory thereof by granting to employees serving Muscogee County, Georgia, for thirty (30) years of accumulated or continuous service certain benefits regardless of whether or not their service has terminated prior to gaining the required minimum age provided in said Act, and by granting to said thirty-year employees increased benefits as they attain the ages provided in said Act, and for other purposes, has been published as provided by law in said newspaper on the 29th day of December, 1956, and on the 5th and 12th days of January, 1957, within a period of sixty (60) days prior to its introduction in the General Assembly of Georgia. /s/ M. R. Ashworth M. R. Ashworth Sworn to and subscribed before me, this 14 day of Jan., 1957. /s/ Wallace A. Kitchens Notary Public, Muscogee County, Georgia. Notarial Seal affixed. Georgia, Muscogee County: Notice is hereby given of an intention to apply at the next session of the General Assembly of Georgia, convening January 14, 1957, for the passage of a local bill to amend an Act approved March 9, 1945, entitled, An Act to provide that Muscogee County, shall provide for a permanent pension fund for present and future employees, including the city-county health department and elective salaried officers, etc. and all Acts amendatory thereof by granting to employees serving Muscogee County, Page 2065 Georgia for thirty (30) years of accumulated or continuous service certain benefits regardless of whether or not their service has terminated prior to gaining the required minimum age provided in said Act, and by granting to said thirty-year employees increased benefits as they attain the ages provided in said Act, and for other purposes. This 26th day of December, 1956. /s/ Steve Knight Member, Board of Trustees Muscogee County Pension Fund. Approved February 11, 1957. COBB COUNTYFIRE PREVENTION DISTRICTS. No. 23 (Senate Bill No. 2). An Act to amend an Act providing for the establishment of fire prevention districts in Cobb County, approved March 4, 1955 (Ga. L. 1955, p. 2597.), so as to provide for a tax on the property located in fire prevention district; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the establishment of fire prevention districts in Cobb County, approved March 4, 1955 (Ga. L. 1955, p. 2597.), is hereby amended by striking from section 5 the word real so that when so amended section 5 shall read as follows: Section 5. In any fire prevention district which votes for levying such taxes, the governing authorities of Cobb County may levy up to five mills on the property located in such district. The homestead exemption granted by Article VII, Section 1, Paragraph IV, of the Constitution Page 2066 of Georgia and the statutes enacted pursuant thereto, shall not be granted and shall not apply to the levy of such taxes. The funds collected under this levy shall be used for fire prevention purposes in the fire prevention district only in which such funds are collected and not in any other fire prevention district in Cobb County. 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 11, 1957. CRISP COUNTY SCHOOL SYSTEM. No. 25 (House Bill No. 9). An Act providing for the merger of the existing independent school system of the City of Cordele and the existing school districts in the County of Crisp lying outside the corporate limits of said City, so as to constitute one school district or system coextensive with the limits of said county, pursuant to the amendment to the Constitution of the State of Georgia of 1945, said amendment, having been ratified at the general election held throughout said State on November 6, 1956 and ratification proclaimed by the Governor of said State; providing for the election of members of the board; providing for the assessment, levy and collection of taxes for the support of said merged school system and designating the public body or bodies and the public officials in which said powers and other powers herein granted, are to be vested; providing power to appropriate funds, create debts, borrow money, issue bonds and evidences of indebtedness, make contracts, and acquire, hold, lease and sell land and other property; providing power to acquire property under the law of eminent domain; providing that school funds in the custody of the independent school Page 2067 system of said city and school funds in the custody of the Crisp County Board of Education and the school system in the County of Crisp outside the corporate limits of said city at the time the merged system begins operation shall, be paid into the operating fund of said merged system; providing that school taxes levied for said independent school system in said city and school taxes levied for said school system, in Crisp County outside the corporate limits of said city prior to merger, but which are not collected until after the merged school system begins operation, shall when collected, be paid into the operating funds of said merged school system; providing that all property held by said city for its independent school system and all property held by the Crisp County Board of Education and by said school system in Crisp County outside the corporate limits of said city, shall, when said merger actually becomes operative, pass to and be held by said merged system for school purposes; providing that liens for all school taxes unpaid at the time of actual merger, and all remedies for their collection, shall remain of full force and effect; providing the power to construct, equip and operate the necessary school buildings; providing for the creation and appointment of a superintendent of education, teachers, employees, legal counsel, and other personnel necessary for the functioning of said merged school system; vesting in said merged school system all powers set forth in said amendment to the Constitution and in other provisions of the Constitution and the general and special laws of Georgia relating to public school systems and district; providing that said merged school system shall be entitled to its pro rata portion of all school funds now or hereafter provided by the State of Georgia or the United States; providing that said merged school system may receive donations from the City of Cordele and the County of Crisp and other persons and administer donations for the purpose for which donated; providing that the existing independent school system of Cordele, the school districts of Crisp County and the boards of education thereof, and the office and term of the present county school Page 2068 superintendent and city school superintendent are all abolished; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act is enacted pursuant to the amendment to the Constitution of the State of Georgia, ratified at the general election held throughout the State on November 6, 1956 and ratification proclaimed by the Governor of said State, said amendment providing that the General Assembly of Georgia shall be authorized to pass a special Act or Acts to merge the existing independent school system of the City of Cordele and the existing school districts in the County of Crisp lying outside the corporate limits of said city into one school district coextensive with the limits of Crisp County. Said amendment may be found in Ga. L. 1956 at page 111. Authority. Section 2. The existing independent school system of the City of Cordele and the existing school districts in the County of Crisp outside the corporate limits of said city are hereby merged into one school district coextensive with the limits of Crisp County, and said existing independent school system of Cordele and the school districts in said county outside the corporate limits of said city are hereby abolished effective as provided hereinafter. School districts merged. Section 3. This merged school district shall constitute a new school district or system and shall constitute a political subdivision of the State of Georgia, separate from the political entities of the city of Cordele and the County of Crisp, and shall be known as the Crisp County School System. Same. Section 4. The said Crisp County School System is hereby vested with the power to conduct a system of public education throughout the limits of said county, together with all powers set forth in said amendment to the Constitution and in other provisions of the Constitution and the general and special laws of Georgia relating Page 2069 to public school systems and districts, and all powers incidental thereto. It is expressly enacted, however, that such other provisions of the Constitution and general and special laws of Georgia relating to public school systems and districts shall in no manner limit the powers expressly or impliedly granted in said constitutional amendment, nor in this Act, nor in amendments hereto. Same. Section 5. Within fifteen (15) days after this Act has become law, the ordinary of Crisp County shall call an election for the election of members to the new Crisp County Board of Education. The date of said election shall be set by the ordinary and shall be held not less than twenty-five (25) days and not more than thirty (30) days after the call thereof. Regarding this first election, two (2) members of said board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele and who is a resident of the area now known as the Arabi School District) shall be elected for a term of two (2) years; two (2) members of said board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele and who is a resident of the area now known as the West Crisp School District) shall be elected for a term of four (4) years. Two (2) members of said board (one from within the corporate limits of the City of Cordele and one from within Crisp County, outside the corporate limits of the City of Cordele and who is a resident of the area now known as the East Crisp School District) shall be elected for a term of six (6) years. The members of the board shall be elected by the voters of the entire county. At this first election the person from within the corporate limits of the City of Cordele who receives the highest number of votes shall serve for the six (6) year term; the person from within the corporate limits of the City of Cordele receiving the next highest number of votes shall serve the four (4) year term, and the person from within the corporate limits of the City of Cordele receiving the next highest number of votes shall serve the two (2) year term. Election of members. Page 2070 After the first board election, succeeding members shall be elected for six (6) year terms, elections to be held every two (2) years on the first Tuesday in April each year beginning with the year 1959. As the terms of those members of the board expire which members are residents of Crisp County outside the corporate limits of the City of Cordele, said member shall be succeeded by a member who is a resident of the same school district (as said school districts are now constituted). All candidates for election to the office of Crisp County Board of Education offices shall file notice of their candidacy with the ordinary of Crisp County fifteen days before the election. Said elections shall be held under the same rules and regulations as are prescribed by law for holding elections for members of the General Assembly of Georgia, insofar as said rules and regulations are applicable and are not in conflict with this Act. Members of the first elected Crisp County Board of Education shall begin their tenure of office on July 1, 1957 and shall hold office until their successors are elected and qualified. The official term of each member of the board shall always begin on July 1 of the year in which he is elected. Each member of the Board of Education upon assuming office shall take an oath to faithfully perform the duties of his office. The said board of education shall hold regular monthly meetings except during July and August of each year, on a date fixed by said board. The said board may hold special meetings upon 24 hours written notice to its members. At all meetings four members shall constitute a quorum for the transaction of business. The compensation of board members shall be set by the board and shall not exceed $25.00 per month for each member. No person shall be qualified to serve as a member of said board of education while holding any kind of public office for which compensation is paid, except Page 2071 the office of notary public, or secretary and treasurer of the board. Absence by a member of said board from three consecutive regular meetings shall be held to be a resignation from the board, unless due to illness or providential cause. Section 6. The Board of Education shall organize at the annual meeting the date and place of which shall be determined by the board. At the organizational meeting, the Board of Education shall select from its membership a chairman and a vice-chairman, the chairman to preside at all meetings, and the vice-chairman to preside in the absence of the chairman. The chairman, or vice-chairman shall have such duties as are set forth hereinafter, as well as such duties as may be delegated to him by said board, and which are not in conflict with the provisions of this Act. At the organizational meeting the board shall select a secretary and a treasurer, who shall receive such compensation as the board deems proper. The offices of secretary and treasurer may be performed respectively by one and the same person, and may be a person or persons other than a member of said board. Meetings. It shall be the duty of the secretary to attend all regular and special meetings of the board, keep minutes of such meetings, to be custodian of all books and records of said board, keep and use the official seal of said board and perform such other duties as may be required of said board and which are usually common to officials of his class. The treasurer shall be the custodian of all funds of said merged system and of said board. He shall give bond, with corporate surety by a company authorized to do business in Georgia, in such form and in such amount, as will, in the opinion of said Board, protect, as fully as possible, funds and property of said board, the premium to be paid by the Board of Education. The Board of Education shall adopt an official seal, for use when necessary, the wording on said seal to read Crisp County School System (Georgia). Page 2072 Section 7. The said Board of Education shall appoint a superintendent of education, whose official title shall be Superintendent of Education, Crisp County, and may appoint such executive assistants to said superintendent as the board deems proper. Each term of appointment of the superintendent shall not exceed three years and the minimum term shall be at the discretion of the board. The board shall also appoint such teachers, principals of schools and their assistants, employees, legal counsel, and such other personnel, professional and lay, as said board may deem necessary to the proper functioning of said merged school system. Superintendent and assistants. The qualifications of the superintendent shall be as prescribed by the State of Georgia, and the Crisp County Board of Education. It is further provided that the superintendent shall have a professional principal's certificate or a professional life certificate, as said certificates are defined by the State Department of Education and the Southern Association of Colleges and Secondary Schools. The duties of the superintendent of education shall be the same as those of county superintendents of schools under the general laws of Georgia, but such duties may be decreased, increased, or otherwise modified, by action of said board; and the duties of the assistants to said superintendent, teachers, employees, legal counsel and other personnel shall be the same as the duties of their respective classes under the general laws of Georgia, but all such duties may be decreased, increased, or otherwise modified, by action of said board. The Board of Education shall have the power and authority to adopt and enforce all rules and regulations, not in conflict with the provisions of this Act, necessary to the maintenance of discipline within said merged system and such rules and regulations may delegate to officers, principals of schools, teachers and other employees such authority as the board deems necessary to that end. The Board of Education shall have the power and Page 2073 authority to assign pupils to the various public schools in Crisp County. Section 8. The Board of Education may enter into written contracts with teachers and other personnel of said merged school system, and into contracts for transportation of pupils, but none of such contracts shall be made for a longer period than twelve months; except that said board may enter into a written contract with a superintendent of education for a longer period than twelve months. Contracts of employment. Written contracts made with teachers and other personnel by the existing independent school system of the City of Cordele and written contracts made with teachers and other personnel by the existing school district in the County of Crisp outside the corporate limits of said city, prior to the time when said merged school system actually becomes operative, shall, when such contracts are made for a period not exceeding twelve months, continue of full force, after said merger actually becomes operative, in accordance with the terms of said contracts. Nothing in this section shall prevent the Board of Education, after the merger, from increasing the compensation of any of said teachers and other personnel holding such prior written contracts which were in existence at the time of the merger, so as to provide for proper adjustments of compensation within said merged school system. Section 9. All school funds in the custody of the existing independent school system of said city for the operation of schools in said city, and all school funds in the custody of the existing school system in the County of Crisp outside the corporate limits of the City of Cordele, and all school funds in the custody of the State of Georgia and any other political unit for the operation of schools in the independent system of said city and in the school system outside the corporate limits of said city shall be paid into the operating fund of said merged school system. All taxes levied by the City of Cordele, the State of Georgia and any other political unit for operation of said independent school system in said city, Page 2074 but which are not collected for the year 1957 until after the merged school system actually begins operation, shall, when collected, be paid into the operating fund of said merged school system, after deducting from said tax collections money advanced to the independent school system of said city for operation of said system for the year 1957. All taxes levied by the county of Crisp, the State of Georgia and any other political unit for the operation of the school system in said county outside the corporate limits of said city, but which are not collected for the year 1957 until after the merged school system actually begins operation, shall, when collected be paid into the operation fund of said merged school system, after deducing from said tax collection money advanced to said school system in said county outside the corporate limits of said city for operation of said system for the year 1957. Depositions of funds and property. All property, real and personal, including moneys, options to purchase and choses in action, owned or held by said city for its existing independent school system or by the existing school district in said county outside the corporate limits of said city, and all such property and funds held by or in the custody of any other person or political unit for the benefit of said independent school system and said district, shall, when said merger actually becomes operative, pass to and be held by said merged system for school purposes. Provided, however, that in case of any property which has been heretofore conveyed to said city for school and other purposes and placed under the jurisdiction of the existing Board of Education of Cordele, Georgia, said property, upon said merger actually becoming operative, shall be held by the Board of Education of said merged system for all purposes, and according to the terms of the deed by which such conveyance was made. The term, real property, used in this section is limited to existing school buildings and adjacent grounds, vacant lots being expressly excepted. Section 10. The merged system hereby created, through its said Board of Education, shall have power Page 2075 to use for the operation of said merged system all funds, appropriated for that purpose. The Crisp County School System may create debts, borrow money, purchase supplies, make contracts, construct, alter, repair, improve and equip buildings and related facilities for school educational and physical development purposes. Powers. The Crisp County School System is hereby authorized to incur bonded indebtedness, and to issue bonds and other evidence of indebtedness, for the purpose of constructing, erecting, enlarging, repairing and improving the necessary school buildings and related facilities for school, educational and physical development and for acquiring the necessary property therefor, and paying the expenses incident thereto. The Crisp County School System hereby created shall have power to sue, and be sued, but its object is declared to be governmental and shall not be liable to suit in actions arising ex delicto, except where specifically authorized by law. When in the opinion of said Board of Education it is necessary to acquire property for the purposes of said merged system, the said board may exercise all the powers of eminent domain, with all the remedies to execute such powers, provided under any of the laws of said State. Title to all property acquired or held by said merged system shall be taken in the name of Crisp County Board of Education. Property of said merged system which, in the opinion of the Board of Education is no longer suitable for its purposes, may be sold, exchanged or otherwise disposed of in such manner as the board may deem fit and the proceeds used exclusively for school purposes. Section 11. The superintendent of education may make contracts for supplies, labor, repairs, and other necessary school purposes, binding said merged school Page 2076 system where the expenditure involved does not exceed the amount of five hundred dollars ($500.00). All expenditures for such purposes in excess of that amount must be first authorized by resolution adopted at a regular or special meeting of the board. No purchase involving an expenditure of more than one thousand dollars ($1,000.00) shall be made in any case without an opportunity for competitive bids. No contracts in excess of one thousand dollars ($1,000.00) for construction, alteration or repair of buildings, installation of equipment, which involve the doing of labor or the furnishing of materials shall be entered into by said board without taking the statutory performance bond required of counties and cities by the laws of said State in such cases. Contracts. All disbursements of said merged system shall be paid by check signed by the treasurer. In case of absence or disability of the treasurer, the board may designate a person to perform the duties of the treasurer required by this Act; provided adequate bond is given. All contracts, bonds and other evidences of indebtedness shall be executed by the chairman (or vice-chairman) and the secretary of the Board of Education in the name of Crisp County School System; except that contracts with teachers and other personnel shall, when authorized by said board, be executed by the superintendent of education alone. Contracts of the board with the superintendent of education shall be signed by the chairman (or vice-chairman) and the secretary of the board. Section 12. No contract or other obligation (except as herein specifically provided) shall be incurred by said merged system or in its behalf, unless at the time of incurring same said merged system shall have in hand, or will have in hand during the fiscal year when such contract is made or obligation incurred, from taxes levied for that fiscal or calendar year or prior years, by the State of Georgia or the Board of Roads and Revenues of Crisp County, sufficient funds to meet the terms of the contract or obligation. Provided, that the above limitation Page 2077 on incurring obligations shall not be applicable to written contracts with teachers and other personnel of said system when such contracts comply strictly with the provisions of section 8 of this Act relating to such written contracts. Same. Section 13. For the purpose of providing funds for the merged system hereby created, returns for taxation of all property in said county liable for taxation shall be made to the same officials, county and State, as in case of returns of taxes for county and State purposes and the same provisions, as to time, method and officials and boards in which powers are vested under the laws of Georgia relating to State and county taxes, tangible and intangible (except as herein specifically stated) shall be applicable to taxation for any of the purposes of said merged system, including the time, place and manner of making returns, assessments for taxation, equalization of assessments, payment and collection of taxes, date, rank and fixation of tax liens, issuance and levy of executions, recording of executions, affidavits of illegality and other defenses, and all other methods and provisions provided under the laws of Georgia necessary to financing said merged school system. Taxes, donations. The Board of Education of said merged school system shall annually within the time required by law, recommend to the Commissioners of Roads and Revenues of Crisp County the rate of the levy necessary to be made for taxes for the support and maintenance of said school system. As provided in the amendment to the Constitution of Georgia pursuant to which this Act is exacted, the fiscal authorities of Crisp County shall levy a tax for the support, operation and maintenance of said merged school system of not greater than twenty (20) mills (as recommended by the Board of Education), uniform throughout the county, on all taxable property in the county. All liens for school taxes unpaid at the time said merger actually becomes operative, whether said liens were created for the benefit of the existing independent Page 2078 school system of said city or for the benefit of the existing school district in said county outside the corporate limits of said city, shall remain of full force and effect, and all powers provided for enforcement thereof shall aso remain of full force and effect. The said merged school system shall be entitled to its pro rata portion of all school funds now or hereafter provided for school purposes by the laws of the State of Georgia or of the United States. The merged school system may receive donations from any source and administer them for the purposes for which donated. The City of Cordele and the County of Crisp are hereby specially authorized to make donations to said school system. Section 14. The bonded indebtedness herein authorized shall be incurred pursuant to Article VII, Section VII, Paragraph I and II of the Constitution of Georgia 1945. The election required shall be called by said Board of Education by the adoption of a resolution to that effect, said resolution specifying what amount of bonds are to be issued, for what purposes, what interest they are to bear, how much principal and interest are to be paid annually, and when they are to be paid off, and all proceedings relative to the issuance of said bonds shall be in accordance with the general law applicable to the issuance of bonds now or hereafter of force. Bonded indebtedness. If the majority of the qualified voters of said county voting in said election assent to the issuance of said bonds, the Board of Education shall recommend, and the Commissioners of Roads and Revenues of said county shall, at or before incurring the indebtedness by issuing the bonds, provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within thirty years from the date of the incurring of said indebtedness as is provided by Article VII, Section VII, Paragraph II of the Constitution of Georgia 1945 and in accordance with the terms of said bonds. The Crisp County School System hereby Page 2079 created, being a political subdivision separate from the political entities of the City of Cordele and the County of Crisp, may incur debts pursuant to the above cited provisions of the Constitution of 1945 to the extent of seven per cent of the assessed value of all the taxable property in Crisp County without any regard to the amount of any indebtedness of said city and county governments. The taxes levied for the payment of the principal and interest on bonds issued by said school system shall be in addition to taxes levied yearly for the support and maintenance of schools, and other operations coming within the jurisdiction of said school system and its Board of Education. Proceedings for validation of said bonds shall be had pursuant to provisions of chapter 87-3 of the Code of Georgia of 1933, as amended. Section 15. In addition to obligations allowed to be incurred by other provisions of this Act, and the general and special laws of said State, authority is hereby given to the Board of Education to make temporary loans in each year for the benefit of the Crisp County School System, hereby created, for the support and maintenance of schools coming within the jurisdiction of said system and its Board of Education, the temporary loans to be made between January 1 and December 31 in each year to pay the expenses of said support and maintenance for such year. Operating expenses, loans. The aggregate amount of temporary loans outstanding at any one time shall not exceed seventy-five (75) per cent of the total gross income of said Crisp County School System from taxes collected from all sources during the preceding year. The aggregate amount of temporary loans which may be made for the benefit of said school system for 1957 shall not exceed seventy-five (75) per cent of the total gross income of the existing independent school system of Cordele and the school system of Crisp County outside the corporate limits of Cordele for the calendar year 1956. Each such loan shall be payable on or before December 31 of the calendar year in which such loan is made. Page 2080 No loan may be made in any year under the provisions of this section when there is a loan then unpaid which was made in prior years under the provisions of this section. There shall not be incurred for the benefit of said school district in any one calendar year an aggregate of such temporary loans and other contracts or obligations for the support and maintenance of said school district in excess of the total anticipated revenue of said district, from all sources, for such calendar year; provided, that where temporary loans are incurred pursuant to this section, for the purpose of paying contracts and obligations for the support and maintenance of said school district maturing within the calendar year in which such loans are incurred, and the amount secured by said loans are paid to cancel or reduce the amount of such other contracts or obligations, such temporary loans shall not be held to be obligations in addition to the amount of such other contracts or obligations, but shall be held to be diminution of the amounts of such other contracts and obligations; and, provided further, that creditors making such temporary loans to said school district may rely exclusively upon the contents of a resolution to the effect that the funds are borrowed to be applied as herein provided, and failure of said board or any officials of said school district so to apply said funds shall be no defense to any action upon the part of said creditor, and said obligations incurred by said temporary loans are hereby declared to be legal and binding. There shall not be issued for the benefit of said district, in any one calendar year obligations for such temporary loans in a total amount in excess of such anticipated revenue for said year. Section 16. The existing independent school system of Cordele, Georgia, the City Board of Education of Cordele, Georgia, the existing school districts and the school board system in the County of Crisp outside the corporate limits of Cordele, the Board of Education of Crisp County, and the office and terms of the present county school Page 2081 superintendent of Crisp County are all hereby abolished as of June 30, 1957. Present school systems abolished. Section 17. The specifications of certain powers of the Crisp County School System is not intended to be exclusive, it being the intent of the General Assembly that all powers granted to the Board of Education are to be liberally construed so as to effectuate the general purposes of establishing and maintaining a comprehensive system of public education throughout the limits of Crisp County. Powers liberally construed. Section 18. The Board of Education is authorized, in its discretion to make the Crisp County School System and its employees subject to the provisions of the Workmen's Compensation Law of said State in the same manner as said Workmen's Compensation Law now or hereafter applies to municipal corporations and their employees. Workmen's compensation. Section 19. Said Crisp County School System and teachers employed by it shall be subject and entitled to the provisions of the teachers retirement system of said State, as established by Act approved March 19, 1943 (Georgia L. 1943, p. 640), and existing and future amendments to said law; the word teachers as herein used to have the same meaning as the said word is defined in said Act. Teachers' retirement. Section 20. Should any provision of this Act, or its application to any particular situation or circumstances, be declared invalid for any reason, such invalidity shall not affect portions of this Act not so held to be invalid. Section 21. All laws and parts of laws in conflict with this Act are hereby repealed where they would limit the powers herein granted; but laws and parts of laws which, while differing from the provisions of this Act, yet add to rather than take from the powers herein granted are not repealed hereby. Section 22. This Act shall become effective immediately Page 2082 upon passing by the General Assembly and signing by the Governor, and shall continue in effect thereafter, notwithstanding that there may be a large lapse of time between the effective date and the election of members to, and the organization of the Board of Education of Crisp County, Georgia, and during such interval the existing Board of Education of the City of Cordele and the existing Board of Education of Crisp County shall continue to function and hold the respective properties and assets in trust for the benefit of the Crisp County Board of Education herein created, after paying legal obligations and upon the organization of the Board of Education of Crisp County as herein provided the said respective board shall turn over to the Board of Education of Crisp County all properties and assets of every kind and character pursuant to section 9 of this Act. Section 23. There is hereto attached and made a part thereof 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, in the General Assembly. Publisher's Affidavit. Georgia, Crisp County. Personally appeared before the undersigned officer duly authorized to administer oaths in said State and County Jack C. Mathews who, first being duly sworn, deposes and says the following: That he is the co-publisher of the Cordele Dispatch, the official gazette of Crisp County, Georgia, and that the Notice of Intention to Introduce Local Legislation attached hereto has been duly published in the Cordele Page 2083 Dispatch on December 26, 1956, January 2, 1957, January 9, 1957. /s/ Jack C. Mathews, Co-publisher, Cordele Dispatch. Sworn to and subscribed before me this 12 day of January, 1957. /s/ Whitfield R. Forrester, Notary Public, Crisp County, Ga. My Commission Expires: Dec. 27, 1960. Notarial seal affixed. Exhibit A. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 Session of the General Assembly of Georgia, a bill to implement the provisions of an amendment to the Constitution authorizing the General Assembly of Georgia to merge the school systems of the City of Cordele and the County of Crisp, which amendment was ratified at the November 1956 general election, and which may be found in Georgia Laws 1957, p. 111; and for other purposes. This 21 day of December, 1956. Marvin Summers, Representative, Crisp County. 12: 26 1: 2, 9 Approved February 11, 1957. COVINGTON CHARTER AMENDEDSALARIES FIXED. No. 28 (House Bill No. 61). An Act to amend an Act creating a new charter for the City of Covington, approved August 16, 1918 (Ga. Page 2084 L. 1918, p. 630), as amended, so as to change the salaries of the mayor, recorder, and councilmen; 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 Covington, approved August 16, 1918 (Ga. L. 1918, p. 630), as amended, is hereby amended by striking section 19 in its entirety and substituting in lieu thereof the following: Section 19. The mayor, recorder and each member of the council shall be paid such salaries for their services as may be fixed each year by the mayor and city council of Covington in December of each year prior to the annual election, to apply to the ensuing term of office. The salary of the mayor shall be not less than five hundred dollars per annum nor more than one thousand dollars; the salary of the recorder shall be not less than three hundred nor more than six hundred dollars per annum; and the salary of the councilmen shall be not less than one hundred, nor more than three hundred dollars per annum, which amounts shall not be increased or diminished during the terms of office. Mayor, councilmen and recorder's salaries fixed. Section 2. 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 1957 regular session of the General Assembly of Georgia, a bill to amend section 19 of the charter of the City of Covington, Ga., approved August 16, 1918, and subsequent amendments thereto. Said bill authorizing an increase in salary of the mayor from $500.00 not to exceed $1000.00, the salaries of councilmen from $100.00 not to exceed $300.00 and the salary of the recorder from $300.00 not to exceed $600.00. This 21st day of November 1956. Page 2085 W. D. Ballard, Representative of Newton County. Georgia, Newton County. Personally appeared before the undersigned officer duly authorized to administer oaths, W. Thomas Hay, who after being duly sworn, deposes on oath and says: That he is the editor and publisher of the Citizens Observer, and that the above and foregoing notice was published in said paper, being a newspaper of general circulation and in which the sheriff's advertisements are published and the official organ of Newton County, Georgia, for three weeks during a period of thirty days immediately preceding the 1957 Session of the General Assembly of Georgia, to-wit; November 29th, December 6th, and December 13th, 1956, issues of said newspaper. /s/ W. Thomas Hay, Editor and Publisher. Sworn to and subscribed before me on this the 19th day of December, 1956. /s/ Leon E. Anthony, Jr., Notary Public, Newton County, Ga. Com. Exp. (Seal). Notice of Local Legislation. There will be introduced at the 1957 regular session of the General Assembly of Georgia, a bill to amend section 19 of the charter of the City of Covington, Ga., approved August 16, 1918, and subsequent amendments thereto. Said bill authorizing an increase in salary of the mayor from $500.00 not to exceed $1000.00, the salaries of the councilmen from $100.00 not to exceed $300.00 and the salary of the recorder from $300.00 not to exceed $600.00. This 21 day of November, 1956. Page 2086 W. B. Ballard, Representative of Newton Co. 3 T. Chg. City Cov. Approved February 14, 1957. SUMTER COUNTYCOMMISSIONERS' SALARIES. No. 29 (House Bill No. 25). An Act to amend an Act entitled, An Act to create a Board of Commissioners of Roads and Revenues for the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13th, 1871, and the several Acts amendatory thereof, so far as the same relates and pertains to the County of Sumter, by striking and repealing section 1 of the Acts of 1951 (Ga. L., pages 2058-2061, inclusive), and substituting in lieu thereof a new section to be known as section 1 providing for an increase in the compensation of the chairman and of the members thereof; 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 the Acts of 1871 (Ga. L., pages 225-227, inclusive) creating the Board of Commissioners of Roads and Revenues for Sumter County, Georgia, and as amended by the Acts of 1906 (Ga. L., p. 448), and as amended by the Acts of 1925 (Ga. L., page 316), and as amended by the Acts of 1951 (Ga. L., pages 2058-2061, inclusive) is hereby amended by striking section 1 in its entirety and substituting in lieu thereof the following: The chairman of the Board of Commissioners of Roads and Revenues for Sumter County, Georgia shall be paid a salary of twelve hundred ($1,200.00) dollars per annum and each of the other commissioners shall be paid a salary of six hundred ($600.00) dollars per annum Page 2087 from the treasury of said county for their services as such commissioners of roads and revenues. The salary shall be paid each member in monthly installments., so said section as amended shall read: Commissioners' salaries. Section 1. The chairman of the Board of Commissioners of Roads and Revenues for Sumter County, Georgia shall be paid a salary of twelve hundred ($1,200.00) per annum and each of the other commissioners shall be paid a salary of six hundred ($600.00) per annum from the treasury of said county for their services as such commissioners of roads and revenues. The salary shall be paid each member in monthly installments. Section 2. Be it further enacted that this Act shall become effective on the date of its approval by the Governor. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 4. Attached hereto and made a part hereof is a copy of a notice on intention for this bill, properly certified as required by law. Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, January-February, 1957 session, for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled, An Act to create a board of commissioners of roads and revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13th, 1871, and the several Acts amendatory thereof, so far as the same related and pertain to the County of Sumter, by striking and repealing section 1 of the Acts of 1951 (Ga. L., pages 2058-2061, inclusive), and substituting in lieu thereof a new section to be known as section 1 providing for an Page 2088 increase in the compensation of the chairman and of the members thereof; to repeal conflicting laws; and for other purposes. This 20th day of December, 1956. /s/ Hollis Fort, Jr., Hollis Fort, Jr., County Attorney for Sumter County, Georgia. 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 are published and that the attached Notice of Intention to ask for local legislation was published in said newspaper on December 21, 28, 1956 and January 4, 1957. /s/ Rudy Hayes, Rudy Hayes, Managing Editor. Sworn to and subscribed before me this the 11th day of January, 1957. /s/ Ann W. Sheffield, Notary Public, State at Large, Georgia. My Commission Expires: 11-8-58. (Seal). No. 4702 Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, Page 2089 January-February, 1957 session, for the passage of a local bill, the caption of which is as follows: An Act to amend an Act entitled, An Act to create a board of commissioners of roads and revenues for the counties of Floyd, Berrien, Effingham, Schley, Sumter and Greene, approved December 13th, 1871, and the several Acts amendatory thereof, so far as the same related and pertain to the County of Sumter, by striking and repealing section 1 of the Acts of 1951 (Ga. L., pages 2058-2061, inclusive), and substituting in lieu thereof a new section to be known as section 1 providing for an increase in the compensation of the chairman and of the members thereof: to repeal conflicting laws: and for other purposes. This 20th day of December, 1956. Hollis Fort, Jr., County Attorney for Sumter County, Georgia. Approved February 14, 1957. CITY OF DECATURSCHOOL TAXES. No. 30 (House Bill No. 68). An Act to amend an Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb and the several Acts amendatory thereof by amending section 46 of said Act, as amended by the Act approved February 25, 1949 (Ga. L., 1949, page 1639) providing for the levying and collection of a tax to support and maintain the public schools of said city and providing that the city commissioners of said City of Decatur shall levy a school tax which shall not exceed one and one-fourth per centum per annum by striking the words Page 2090 one and one-fourth and substituting in lieu thereof the words one and one-half, so as to authorize a tax levy of one dollar and fifty cents on the one hundred dollars for the maintenance of the public schools of said City: 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 Act approved August 17, 1909, creating and establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof, be and the same is hereby amended by amending section 46 of said Act, as amended by the Act approved February 25, 1949 (Ga. L., 1949, page 1639) providing for the levy and collection of a tax to support and maintain the public schools of said city and providing that the City Commissioners of said City of Decatur shall levy a school tax which shall not exceed one and one-fourth per centum per annum by striking the words one and one-fourth and substituting in lieu thereof the words one and one-half so that said section 46 of said Act, when so amended, shall read as follows: School tax rates increased. Be it further enacted that the revenues received by the City of Decatur, as its pro rata share of the State's common school fund, shall be appropriated and exclusively used in the support and maintenance of said public school system. The City Commissioners shall levy and collect such ad valorem tax upon all the property in said city subject to taxation as will be sufficient, when added to the sum received from the State common school fund, and any other educational funds as may come into the hands of the Board of Education, to support and maintain said public schools for at least nine scholastic months in each year; provided, that said special school tax shall not exceed one and one-half per centum per annum upon said taxable property. The City Commissioners may provide for the payment Page 2091 of said special school tax in installments as in the case of collection of the general tax levied in said city, but said school tax shall be paid over to the Board of Education as collected, at the close of each month during which received. No part of said school fund shall be used for any other purpose than in the support and maintenance of said schools and school system, or in providing furniture and other necessary equipment therefor or in the repairs and upkeep of the buildings and grounds of said school. No new buildings shall be contracted for or erected by the Board of Education, except after express approval of th City Commissioners, and provision made by said City Commissioners for funds necessary therefor. Section 2. 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. January 7, 1957 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 20, 1956, December 27, 1956 and January 3, 1957. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Page 2092 Sworn to and subscribed before me this 7th day of January, 1957. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My Commission Expires Dec. 18, 1957. Notarial seal affixed. Notice of Local Legislation. GeorgiaDeKalb County: Notice is hereby given that I intend to apply for passage of legislation at the next session of the General Assembly of Georgia to convene in January, 1957, to amend the charter of the City of Decatur, the title of such bill or bills to be substantially as follows: An Act to amend an Act establishing a new charter and municipal government for the Town of Decatur, now City of Decatur, in the County of DeKalb, and the several Acts amendatory thereof so as to authorize a tax levy not exceeding $1.50 on the $100.00 for the maintenance of the public schools of said City, and for other purposes. This 18th day of December, 1956. B. Hugh Burgess, as City Attorney for the City of Decatur, Georgia. 12-20-3t Approved February 14, 1957. Page 2093 CITY OF DECATURASSESSMENT AND COLLECTION OF TAXES. Code 92-4101, 92-4102, 92-4103, and 92-4104 Not to Apply to the City of Decatur. No. 31 (House Bill No. 69). An Act to amend the Act approved February 28, 1874 (Ga. L., 1874, pp. 109, 110), entitled An Act to limit and regulate the assessment and collection of taxes by municipal authorities of this State, except so far as relates to the City of Savannah, codified as sections 92-4101, 92-4102, 92-4103, and 92-4104, Code of Georgia, 1933, and the several Acts amendatory thereof, so as to provide that the terms and provisions of said Act, as amended, and said Code sections, as amended, shall not apply to the City of Decatur; 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. 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. That the terms and provisions of the Act and the Code sections, referred to in the caption hereof, as amended, be further amended by adding a new section, as follows: The provisions of this Act, as codified in Sections 92-4101, 92-4102, 92-4103 and 92-4104, Code of Georgia, Page 2094 1933, as amended, shall not in any manner apply to the City of Decatur. Section 3. That all laws and parts of laws in conflict herewith be and the same are hereby repealed. January 7, 1957 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 20, 1956, December 27, 1956 and January 3, 1957. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 7th day of January, 1957. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My Commission Expires Dec. 18, 1957. (Seal). Copy of Notice. Notice of Local Legislation. GeorgiaDeKalb County: Notice is hereby given that I intend to apply for passage of legislation at the next session of the General Assembly Page 2095 of Georgia to convene in January, 1957, to amend the Act approved February 28, 1874 (Ga. L., 1874, pp. 109, 110), entitled An Act to limit and regulate the assessment and collection of taxes by municipal authorities of this State, except so far as relates to the City of Savannah, codified as Sections 92-4101, 92-4102, 92-4103 and 92-4104, Code of Georgia, 1933, and the several Acts amendatory thereof, so as to provide that the terms and provisions of said Act, as amended, and said Code sections, as amended, shall not apply to the City of Decatur; to repeal conflicting laws; and for other purposes. This 18th day of December, 1956. B. Hugh Burgess, as City Attorney for the City of Decatur, Georgia. 12-20-3t Approved February 14, 1957. SUMTER COUNTYCLERK OF SUPERIOR AND CITY COURTS. No. 32 (House Bill No. 28). An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the superior and the clerk of the city courts thereof; to make provisions to carry out such change; to regulate the collection and the disposition of costs; to provide for the deputies and clerks for such offices; to provide for the payment of salaries for such deputies and clerks; to provide for the necessary office space, supplies, equipment for the maintenance of such offices; to provide for the effective date of this change from a fee system to a salary system; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Page 2096 Georgia, and it is hereby enacted by Authority of the same: Section 1. The compensation of the clerk of the Superior Court of Sumter County, Georgia and of the clerk of the City Court of Americus, Sumter County, Georgia is hereby placed on a salary basis in lieu of a fee basis as hereinafter provided. Salary in lieu of fees. Section 2. The clerk of the courts enumerated in section 1 hereof shall be paid an annual salary of fourteen thousand ($14,000.00) dollars and which salary shall be payable in monthly installments from the funds of Sumter County, Georgia by the person or persons charged by law with the responsibility of paying out funds of said county. Same amount. Section 3. Be it further enacted that said salary or compensation enumerated in section 2 hereof shall be in lieu of all fees received by the clerk from all sources as provided by law and any fees received by said officer under future laws shall be paid into the treasury and shall become the property of said county. Deposition of fees. Section 4. Be it further enacted that said officer shall on or before the fifteenth day following each calendar month deliver and account to the Board of Commissioners of Roads and Revenues of Sumter County, Georgia all fees received as provided by law, to be deposited and disbursed as provided by law. Same. Section 5. Be it further enacted that said officer shall maintain such records as may be necessary or essential to show a true and accurate account of all fees received as provided by law and shall be opened to and for inspection by such person or persons as may be authorized by law to inspect. Records. Section 6. Be it further enacted that said clerk or officer shall have the sole authority and power to hire and fire such personnel he deems advisable and necessary for the proper functioning of such offices. Employees. Page 2097 Section 7. Be it further enacted that the said clerk or officer shall pay all salaries and charges for deputies or clerks hired and employed by said clerk or officer out of the salary enumerated in section 2 hereof. The Board of Commissioners of Roads and Revenues of aforesaid county shall not be authorized to expend county funds for such hired assistants. All personnel employed by said clerk or officer shall be his primary responsibility. Same, compensation. Section 8. Be it further enacted that said clerk of officer may from time to time, as the needs of the office require, requisition the said county board for all supplies needed in his office and said county board shall issue warrants directing that all necessary supplies for said offices be paid out of the funds of the county treasury. Said county authority shall also provide adequate and suitable office space, equipment and maintenance as may be required for the proper functioning of said offices. Office equipment. Section 9. Be it further enacted that this bill or act shall become effective on January 1, 1958. Effective date. Section 10. Be it further enacted that on January 1, 1958, all fees uncollected, and provided by law, shall on this date become the property of Sumter County, Georgia. Same, uncollected fees. Section 11. Be it further enacted that all laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 12. Attached hereto and made a part hereof is a copy of Notice on Intention for this bill, properly certified as required by law. Legal Notice. Notice is hereby given that application will be made at the next Session of the General Assembly of Georgia, January-February, 1957 Session, for the passage of a local bill, the caption of which reads as follows: Page 2098 An Act to change from the fee system to the salary system in the County of Sumter the clerk of the Superior and the clerk of the City Courts thereof; to make provisions to carry out such change; to regulate the collection and the disposition of costs; to provide for the deputies and clerks for such offices; to provide for the payment of salaries for such deputies and clerks; to provide for the necessary office space, supplies, equipment for the maintenance of such offices; to provide for the effective date of this change from a fee system to a salary system; to repeal conflicting laws; and for other purposes. This the 20th day of December, 1956. /s/ Hollis Fort, Jr., Hollis Fort, Jr., County Attorney for Sumter County, Georgia. 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 are published and that the attached Notice of Intention to ask for local legislation was published in said newspaper on December 21, 28, 1956 and January 4, 1957. /s/ Rudy Hayes, Rudy Hayes, Managing Editor. Sworn to and subscribed before me this the 11th day of January, 1957. /s/ Ann W. Sheffield, Notary Public, State at Large, Georgia. My Commission Expires: 11-8-58. (Seal). No. 4705 Page 2099 Legal Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia, January-February, 1957 session, for the passage of a local bill, the caption of which is as follows: An Act to change from the fee system to the salary system in the County of Sumter, the clerk of the Superior and clerk of the City Courts thereof: to make provisions to carry out such change; to regulate the collection and the disposition of costs; to provide for the deputies and clerks for such offices; to provide for the payment of salaries for such deputies and clerks; to provide for the necessary office space, supplies, equipment for the maintenance of such offices; to provide for the effective date of the change from a fee system to a salary system; to repeal conflicting laws; and for other purposes. This 20th day of December 1956. Hollis Fort, Jr., County Attorney for Sumter County, Georgia. Approved February 14, 1957. COBB COUNTYPRIMARY ELECTIONS. No. 33 (House Bill No. 62). An Act to provide the time at which primary elections for nomination of county officers shall be held in Cobb County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever any political party shall hold a primary election in the County of Cobb for the nomination Page 2100 of county officers to run in a regular or general election, such party, or its authority, shall cause all candidates for nomination for county officers in the County of Cobb to be voted for at such time as may be fixed by the county executive committee for such party; provided said executive committee shall not fix the date for such general primary for nomination of county officers earlier than sixty days before the general election at which the offices are to be filled, and shall, where a State-wide primary is being held by such party for the nomination of Governor and State-house officers, hold such county primary on the same date that such State primary is held. Time fixed for primary election. 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, 1957, session of the General Assembly of Georgia a bill, Fixing the time in which the county primary of Cobb County shall be held for nomination of county officers. This 12th day of December, 1956. Eugene W. Holcombe, Fred D. Bentley, Harold S. Willingham, Raymond M. Reed. 12:14-21-28; 1:4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eugene W. Holcombe, who, on oath, deposes and says that he is representative from Cobb County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Marietta Daily Journal which Page 2101 is the official organ of said county, on the following dates: December 14, 21 and 28, 1956. /s/ Eugene W. Holcombe, Representative, Cobb County. Sworn to and subscribed before me this 14 day of Jan., 1957. /s/ Frances Y. Read, Notary Public, Fulton Co. Approved February 14, 1957. NAHUNTA CHARTER AMENDED. No. 34 (House Bill No. 102). An Act to amend the charter of the City of Nahunta by providing that the salary of the mayor may be fixed by the mayor and aldermen of said city at a sum not to exceed $1800.00 per year; the salaries of the aldermen of said city may be fixed by the mayor and aldermen by an amount not to exceed $120.00 per year; in the event the mayor of said city shall become physically or mentally incapacitated and should fail as a result of such incapacity to perform his duties as mayor for a period of thirty (30) continuous days, then the salary of the mayor of said city shall cease during the period of his incapacity, and the salary paid the mayor of said city on a monthly basis shall be paid to the mayor pro tem., who shall perform the duties of said mayor, and the monthly salary of said mayor pro tem. as alderman shall cease during the period of the payment to him of the salary of the incapacitated mayor; any policeman of said city may arrest without a warrant for the violation of any ordinance of said city committed in his presence, any person within the limits of the State of Georgia, provided that such policeman shall have entered into immediate and continuous Page 2102 pursuit of such offender; repealing conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The salary of the mayor of the City of Nahunta may be fixed by the mayor and aldermen of said city at a sum not to exceed $1800.00 per year. Mayor's salary. Section 2. The salaries of the aldermen of said city may be fixed by the mayor and aldermen at a sum not to exceed $120.00 per year. Aldermen's salary. Section 3. In the event the mayor of the City of Nahunta shall become physically or mentally incapacitated and should fail as a result of such incapacity to perform his duties as mayor for a period of thirty (30) continuous days, then the salary of the mayor of said city shall cease during the period of his incapacity, and the salary paid the mayor of said city on a monthly basis shall be paid to the mayor pro tem., who shall perform the duties of said mayor, and the monthly salary of said mayor pro tem. as alderman shall cease during the period of the payment to him of the salary of the incapacitated mayor. Mayor pro tem. Section 4. Any policeman of the City of Nahunta may arrest without a warrant for the violation of any ordinance of said city committed in his presence, any person within the limits of the State of Georgia, provided that such policeman shall have entered into immediate and continuous pursuit of such offender. Police power. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given pursuant to Paragraph 15, Article 3 of the Constitution of Georgia (Code section 2-1915), that there will be introduced in the General Assembly of Georgia during the 1957 session the following Page 2103 local legislation pertaining only to the City of Nahunta. A local bill to amend the charter of the City of Nahunta as follows: (a) To provide that the salary of the mayor may be fixed by the mayor and aldermen of said city at a sum not to exceed $1800.00 a year. (b) To provide that the salaries of the aldermen of said city may be fixed by the mayor and aldermen by an amount not to exceed $120.00 a year. (c) To provide that in the event the mayor of said city shall become physically or mentally incapacitated and should fail as a result of such incapacity to perform his duties as mayor for a period of thirty (30) continuous days, then the salary of the mayor of Nahunta shall cease during the period of his incapacity, and the salary paid the mayor of said city on a monthly basis shall be paid to the mayor pro tem. who shall perform the duties of said mayor, and to provide that the monthly salary of said mayor pro tem. as alderman shall cease during the period of the payment of the salary as mayor pro tem. to him. (d) To provide that any policeman of said city may arrest without warrant for violation of any city ordinance committed in his presence, any person within the limits of the State of Georgia, provided that such policeman shall have entered into immediate and continuous pursuit of such offender. This the 5 day of December, 1956. J. Floyd Larkins, Rep. Brantley County, Ga. Georgia, Brantley County. Personally appearing before the undersigned attesting Page 2104 officer, comes now J. Floyd Larkins, representative of Brantley County, Georgia, who, after being first duly sworn, deposes and on oath says that the attached and foregoing notice of local legislation has been published in the Brantley Enterprise, the official organ in which sheriff's advertisements are published for said county, once a week for three weeks during the sixty days immediately preceding the introduction of said local legislation into the General Assembly. Deponent further says that he is the author of said local bill. /s/ J. Floyd Larkins, J. Floyd Larkins, Representative of Brantley County, Georgia. Sworn to and subscribed before me this 12th day of January, 1957. /s/ J. Robert Smith, Notary Public, Ga. State at Large. Comm. Exp. 10 June 60. (Seal). Approved February 14, 1956. CITY OF DOUGLAS CHARTER AMENDED. No. 35 (House Bill No. 42). An Act to amend the Act approved the 20th day of December, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, to provide for absentee voting in its municipal elections; to provide for procedure connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State Page 2105 of Georgia, and it is hereby enacted by authority of the same: Section 1. That the Act approved the 20th day of December, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, be and the same are hereby amended to provide for absentee voting in all of its municipal elections in the following manner and under the following procedure. Absentee voting. Section 2. Any registered voter in the City of Douglas, when required to be absent from the city, or when unable to go to vote in person because of physical disability, may vote my mail; provided, that he or some member of his immediate family,viz., husband or wife, father or mother, sister or brother, or son or daughtershall give notice in writing of such intention to the city registrars, not less than ten days nor more than sixty days prior to the election in which he desires to vote. Same, when authorized, and procedure. Section 3. Said voter shall by mail forward to the registrars of the city a letter of application for a ballot. Same. Section 4. Upon receipt of the registered letter, forwarded by the registrars, as is hereinafter provided, the applicant shall open the sealed envelope marked ballot within in the presence of the postmaster or his assistant, or any other person qualified under the law to attest deeds, and shall then and there mark and refold the ballot without assistance and without making known the manner or marking of the same. He shall then and there place the ballot within the envelope in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall witness the same in writing as hereinafter provided. The envelope with the coupon hereinafter described shall be enclosed within the envelope directed to the registrars and immediately mailed. Same. Section 5. The registrars, upon receipt of the application for ballot, shall satisfy themselves that the applicant Page 2106 is duly qualified to vote in the City of Douglas, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for the purpose, and make out the certificate and coupon attached, as hereinafter provided, and forward same to the applicant at least 9 days prior to the date of holding said election, by mail, general delivery, and shall also enclose in said letter: application. (a) An envelope containing the folded ballot, sealed and marked Ballot within. (b) An envelope, for resealing the marked ballot, form of which is hereinafter provided, and called voucher. (c) A properly addressed envelope for the return of said ballot. (d) A printed slip, giving full instructions, and method, regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided by the registrars or city manager. Section 6. The certificate of registration shall be printed, and worded as follows: This is to certify that..... is a qualified voter of the City of Douglas, Coffee County, Georgia, and entitled to vote in the election to be held on....., 19...... Same registrar's certificate. Application for ballot received....., 19....., from..... (post office) and mailed to..... (post office) as requested on....., 19...... A copy of this certificate is filed with the letter of application. No...... Page 2107 Signed..... One of Registrars. (Detach the coupon and return.) Section 7. The applicant shall open the sealed envelope marked ballot within in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall see that the ballot is duly deposited in the mails after completion thereof. The voter shall mark and refold the ballot without assistance and shall not disclose the manner in which it has been marked, shall seal and sign the voucher, the postmaster or assistant, or other person qualified under the law to attest deeds, signing as witness to said voucher. Same, witnesses' certificate. Name..... Color..... Height..... Age..... Color of hair..... Color of eyes..... Weight (estimated)..... Birthplace given by voter..... Occupation..... State and county where voter claimed to have last voted...... To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no knowledge whatever of the marking, erasures or intent of the ballot enclosed. (Signed)..... Postmaster, his assistant or any person qualified under the law to attest deeds. Section 8. The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: This is to certify that the enclosed ballot was received by me from the registrars of the City of Douglas, Coffee County, Georgia, and the envelope marked `ballot within' was opened by me in the presence of (post-master, his assistant or any person qualified under the law to attest deeds), of....., marked while in the office, without assistance or knowledge on the part of any one as to manner in which same was prepared and then and there sealed as provided by law. Same, voter certificate. (Signed)..... Teste: ..... Date..... If the voter, because of physical disability, received assistance, the person who serves as witness may fill in the blanks and sign for the voter, making a notation of the reason for such fact. Page 2108 Section 9. It shall be the duty of the city manager, or the commissioners for the City of Douglas, at the expense of the city, to furnish the registrars with a sufficient number of blank ballots, each properly sealed in an envelope marked ballot within, and take their receipt for same. Within five days subsequent to the election, the registrars shall return to the city manager or the board of commissioners all unused ballots in their original sealed envelopes and a list of the voters who have been furnished ballots as provided in this Act. Supplies. Section 10. Upon receipt of the return ballot from the voter, the registrars shall, opposite the name of the voter in the book heretofore mentioned, write in ink the words, Deposited in sealed box by me on....., 19....., and then add his own signature, and shall deposit the envelope containing the ballot, unopened, in the sealed box to be provided for this purpose, and there it shall remain until the day of the election. The coupons enclosed with the returned ballots shall be filed with the letter of application. The return envelope shall show the series letter and number of the ballot deposited therein. Record. Page 2109 Section 11. On the day of the election the registrars shall deliver the box containing the sealed ballots, together with the letters of application and return coupons attached, with a list of the same in triplicate, sealed, to the managers of the election, and shall take receipt for said box and sealed papers. The registrars shall also deliver to the managers the pad or pads with stubs showing series letters and numbers of the ballots furnished, and no ballot shall be counted unless the series letter and number on the stub shall correspond with the series letter and number on the ballot contained in the envelope returned by the absent voter. Disposition of ballots. Section 12. At the close of the regular balloting the box shall be opened by the managers of the election, and the ballots deposited in the regular ballot box as follows: As each envelope shall be removed from the box, the name of the voter shall be called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope shall then, but not until then, be opened, and the ballot deposited in the regular box without examining or unfolding it. Same. Section 13. When all the ballots shall have been accounted for and either voted or rejected, the empty envelopes that previously contained the sealed ballots shall be returned to the original box together with the sealed package of letters of applications and coupons, and the rejected envelopes, if any, on which, or on a paper attached thereto, shall be plainly written the cause of rejection, signed by a majority of the managers of election. The box shall thereupon be resealed and not opened within 90 days except by order of court. Same. Section 14. All provisions of chapter 34-33 of the Code of Georgia, as amended, that could be applicable to municipal elections are incorporated herein and make a part of this charter amendment. Code Chapter 34-33 to be applicable. Section 15. All laws and parts of laws in conflict with this Act, unless under the law they supersede this Act, are repealed. Page 2110 Notice. Notice is hereby given that during the 1957 session of the General Assembly of Georgia the undersigned intend to introduce for passage a local bill, applicable only to the City of Douglas, amending the charter of the City of Douglas, and Acts amendatory thereof, so as to provide for absentee voting in its municipal elections; to provide for procedure connected therewith; to repeal conflicting laws; and for other purposes. This 20th day of December, 1956. Tom T. Fellows, R. E. Roberts, Representatives from Coffee County in the General Assembly of Georgia. Georgia, Fulton County. Personally before the undersigned officer authorized to administer oaths appeared Tom T. Fellows, R. E. Roberts, 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/ Tom T. Fellows, /s/ R. E. Roberts. Sworn to and subscribed before me, this 16 day of Jan., 1957. /s/ Chappell Matthews, N. P. Comm. Ex. 1-15-58. Page 2111 Notice. Notice is hereby given that during the 1957 session of the General Assembly of Georgia, the undersigned intend to introduce for passage a local bill, applicable only to the City of Douglas, amending the charter of the City of Douglas, and Acts amendatory thereof, so as to provide for absentee voting in its municipal elections; to provide for procedure connected therewith; to repeal conflicting laws; and for other purposes. This 20th day of December, 1956. R. E. Roberts, Tom T. Fellows, Representatives from Coffee County in the General Assembly of Georgia. Enterprise 12-20,27. 1-3,10 Notice. Notice is hereby given that during the 1957 session of the General Assembly of Georgia the undersigned intend to introduce for passage a local bill, applicable only to the City of Douglas, amending the charter of the City of Douglas, and Acts amendatory thereof, so as to provide for absentee voting in its municipal elections; to provide for procedure connected therewith; to repeal conflicting laws; and for other purposes. This 20th day of December, 1956. R. E. Roberts, Tom T. Fellows, Representatives from Coffee County in the General Assembly of Georgia. Progress D 20-27 J 3-10-c Approved February 14, 1957. Page 2112 EAST THOMASTON CHARTER AMENDED. No. 36 (House Bill No. 80). An Act to amend the Acts approved August 16, 1909, August 9, 1920, and July 27, 1923, and the several Acts amendatory thereof, incorporating the Village of East Thomaston, in Upson County, Georgia, to provide for the granting of franchises and encroachments on the village streets and on other property of said village and to provide rules and regulations for public-service corporations in said village; 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 in addition to the existing provisions of the charter of the Village of East Thomaston, incorporated by an Act approved August 16, 1909, as amended by the various amendatory Acts thereof, there are hereby added thereto the following provisions: The commissioners of said Village shall have the power and authority to grant franchises, easements and rights of way over, in, under, or along the streets, avenues, roads, alleys, lanes, ways, parks, or other property of said village, on such terms and conditions as said commissioners may prescribe; and to regulate all public-service or utility corporations doing business in said village in any manner not in conflict with the general laws of the State of Georgia or the United States. Franchises authorized. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Section 3. A copy of the notice of intention to apply for this local legislation and the certificate of the publisher are attached hereto and made a part of this bill and it is hereby declared by the authority aforesaid that all of the requirements of the Constitution of the State Page 2113 of Georgia relating to notice of intention to apply for passage of local legislation have been complied with for the enactment of this law. Copy of Notice. Notice of proposed amendment to the charter of the Village of East Thomaston, Georgia. As required by Paragraph XV, of Section VII, of Article III, of the Constitution of Georgia, notice is hereby given that the undersigned intend to apply to the 1957 session of the General Assembly of Georgia for the passage of local legislation seeking to amend the charter of the Village of East Thomaston, the title of such Act to be as follows: `An Act to amend the Act approved August 16, 1909, August 9, 1920, and July 27, 1923, and the several Acts amendatory thereof, incorporating the Village of East Thomaston, in Upson County, Georgia, to provide for the granting of franchises and encroachments on the village streets and on other property of said village and to provide rules and regulations for public-service corporations in said village; and for other purposes.' This 1st day of December, 1956. /s/ L. A. Mallory, Jr., /s/ Johnny L. Caldwell, /s/ T. B. Echols. Georgia, Upson County. Before me the undersigned officer authorized to administer oaths personally appeared Leon Smith, who on oath says that he is managing editor of The Thomaston Times, a newspaper published in the City of Thomaston, Georgia, being of general circulation and being the newspaper in which sheriff's advertisements for Upson County Georgia, are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice Page 2114 of intention to apply for local legislation, was duly published in The Thomaston Times once a week for three weeks as required by law; said dates of publication being December 14, 1956, December 28, 1956, and January 11, 1957. The Thomaston Times By: Leon Smith Sworn to and subscribed before me this 14th day of January, 1957. Dickson Adams Notary Public, Upson County, Georgia. My commission expires: March 22, 1958. (Seal). Approved February 14, 1957. LOUISVILLE CHARTER AMENDED. No. 37 (House Bill No. 88). An Act to amend the charter of Louisville, Georgia, approved December 18, 1900, to-wit: An Act to consolidate, amend and supersede the several Acts incorporating the town of Louisville, Georgia, in the County of Jefferson, and several Acts amendatory thereof, etc., as amended, so as to authorize the City of Louisville to levy a tax to create a fund to be used in promoting industry and to authorize selection of an advisory board as to such fund; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of the State of Georgia: Section 1. The charter of the City of Louisville approved December 18, 1900, as amended, be and the same is hereby amended by adding a new section at the end of said charter to read as follows: Page 2115 The mayor and council of the City of Louisville are hereby authorized to levy a tax, in each year, not to exceed one (1) mill, in addition to all other taxes, on all the tax property in the City of Louisville, for the purpose of creating a fund to be used exclusively in assisting, promoting and encouraging the location of new industries in the City of Louisville; and they are further authorized to select a board of citizens of the City of Louisville to render advice relative to the use of such fund for the purposes stated. Tax authorized. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Louisville intends to apply for legislation at the next session of the General Assembly of the State amending the charter of the City of Louisville to authorize the mayor and council to levy a tax, not exceeding one (1) mill, to create a fund to be used in promoting industry and to authorize selection of an advisory board as to such fund. This 16th day of November, 1956. T. E. Buchanan Mayor A. P. Little Clerk Georgia, Jefferson County: Personally appeared before the undersigned attesting officer, Mrs. Virginia P. Saxon, who on oath says that she is the publisher of the News and Farmer which is the official organ of Jefferson County, Georgia, and that the foregoing notice of intention to apply for local legislation was duly published in said newspaper in the issues of November 22, 1956, November 29, 1956, and December 6, 1956. /s/ Virginia P. Saxon Page 2116 Sworn to and subscribed before me this 10th day of December, 1956. /s/ James C. Abbott Notary Public. (Seal). Approved February 14, 1957. SYLVESTER CHARTER AMENDED. No. 38 (House Bill No. 113). An Act to amend an Act entitled An Act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation etc., approved August 18, 1919, which charter Act is published in Ga. L. 1919, pp. 1317-1352, and Acts amendatory thereof; so as to enlarge and to extend the City Limits of City of Sylvester; 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. Be it enacted by the General Assembly of the State of Georgia that an Act to create a new charter for the City of Sylvester to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation; which charter Act was approved August 18, 1919 and published in Ga. L. 1919, pp. 1317-1372, and Acts amendatory thereof, be and the same hereby are amended as follows: Section 2. That the corporate limits and boundaries of said City of Sylvester are extended and enlarged to Page 2117 embrace and to include the following described additional territory, to-wit: City limits extended. Tract One.That certain tract or body of land lying and being in land lot No. 379 in 7th land district of Worth County, Georgia, described as follows: beginning at point of intersection of the present north boundary line of City of Sylvester with west boundary of Isabella Street, which point is also the northeast corner of the home tract of Misses Elizabeth and Emma Sumner, thence running north along projection of west boundary line of Isabella Street 716 feet to north boundary of King Street; thence running west along north boundary of King Street 340 feet to east boundary of Washington Street, thence running north 1 degree 26 minutes east 527 feet along east boundary of Washington Street; thence running south 89 degrees 33 minutes west 642.9 feet; thence running south 1 degree 26 minutes west to present existing north boundary of City of Sylvester; and thence running eastward along present north boundary line of City of Sylvester to Isabella Street, at point of beginning. Tract Two:That certain tract of land lying and being in land lot No. 357 in 7th land district of Worth County, Georgia, and further described as follows: beginning on east boundary line of right-of-way of Georgia, Ashburn, Sylvester and Camilla Railway Company, at point which is southwest corner of tract of land owned by C. M. King, thence running along east boundary line of said right-of-way of said railway company south 3 degrees 28 minutes west 1450 feet; thence continuing along east boundary line of said right-of-way southward on a 3 degree curve bearing to the westward 181.5 feet to southwest corner of said tract of land; thence running south 89 degrees 52 minutes east 1545.9 feet; thence running north 0 degrees 8 minutes east 40 feet; thence running south 89 degrees 52 minutes east 549.8 feet to land of C. M. King at post between King and Royal; thence running north 1551.2 feet; and thence running west 1743.2 feet to right-of-way of said railway company, at point of beginning. Said description being according Page 2118 to plat of survey prepared by G. E. Warren, registered surveyor, dated September 22, 1956, which is made a part hereof by this reference. Tract Three:All of that part of said land lot No. 357 which lies between said tract two and the present east boundary line of City of Sylvester; that is, tract three embraces all of the right-of-way of said railway company which lies between said tract two and the east limit of City of Sylvester as it existed prior to the adoption of this Act. Section 3. That should any portions of this Act be held invalid, then such fact shall not affect or destroy other provisions and clauses of this Act. Section 4. Be it further enacted that all parts of laws in conflict with this Act be, and the same hereby are repealed. Notice of Local Legislation. Notice is hereby given that City of Sylvester intends to apply for the passage of the following described local legislation at the next session of the General Assembly of Georgia, which will convene in January, 1957: An Act to amend an Act entitled An Act to create a new charter for the City of Sylvester, to declare the rights, powers and privileges of said corporation and to consolidate the Acts relating to the rights and powers of said corporation etc., approved August 18, 1919, which charter Act is published in Ga. L., 1919, pp. 1317-1352, and Acts amendatory thereof; so as to enlarge and to extend the City Limits of City of Sylvester; and for other purposes. This 11th day of December, 1956. City of Sylvester By J. D. Hall, Clerk of Council. Page 2119 State of Georgia, Worth County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Mrs. Marian Sumner who, being first sworn, says on oath as follows: that she is a director and manager of Sylvester Local Inc., the owner and publisher of The Sylvester Local, a newspaper published in said county and being the newspaper in which sheriff's advertisements are published in said county; and that the foregoing is a true copy of notice of intention to apply for local legislation affecting said City of Sylvester, and that said notice was published once a week for three weeks in said newspaper, said notice having been published in said newspaper in the issues thereof published and dated December 13, 1956, December 20, 1956 and December 27, 1956, respectively. /s/ Mrs. Marian Sumner Sworn to and subscribed before me, this 11th day of January, 1957: /s/ P. B. Ford Notary Public, Worth County, Ga. My Com. expires July 30th, 1960. Notarial Seal affixed. Approved February 14, 1957. CITY OF THOMASTON CHARTER AMENDED. No. 39 (House Bill No. 81). An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, p. 1070), as amended, so as to authorize the mayor and council of the City of Thomaston to abandon and close that portion of Bunkley Street lying between North Center Street and North Church Street within the corporate limits of the City of Thomaston. Page 2120 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 Thomaston are hereby authorized and permitted to abandon and close that portion of Bunkley Street lying between North Center Street and North Church Street within the corporate limits of the City of Thomaston. Section 2. All laws and parts of laws in conflict herewith are repealed. Copy of Notice. Notice of proposed amendment to the charter of the City of Thomaston, Georgia. As required by Paragraph XV. of Section VII, of Article III. of the Constitution of Georgia, notice is hereby given that the undersigned intend to apply to the 1957 session of the General Assembly of Georgia for the passage of local legislation seeking to amend the charter of the City of Thomaston, the title of such Act to be as follows: `An Act to amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933, (Ga. L. 1933, p. 1070), as amended, so as to authorize the mayor and council of the City of Thomaston to abandon and close that portion of Bunkley Street lying between North Center Street and North Church Street within the corporate limits of the City of Thomaston.' This 1st day of December, 1956. /s/ L. A. Mallory, Jr. /s/ Johnny L. Caldwell /s/ T. B. Echols Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths personally appeared Leon Smith, who on Page 2121 oath says that he is managing editor of The Thomaston Times, a newspaper published in the City of Thomaston, Georgia, being of general circulation and being the newspaper in which sheriff's advertisements for Upson County, Georgia, are published, who certifies that legal notice, a true copy of which is hereto attached, being a notice of intention to apply for local legislation, was duly published in The Thomaston Times once a week for three weeks as required by law; said dates of publication being December 14, 1956, December 28, 1956, and January 11, 1957. The Thomaston Times By: Leon Smith /s/ Sworn to and subscribed before me this 14th day of January, 1957. /s/ Dickson Adams Notary Public, Upson County, Ga. My commission expires: March 22, 1958. (Seal). Approved February 14, 1957. HENRY COUNTY COMMISSIONERS. No. 40 (House Bill No. 37). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, particularly by an Act approved February 9, 1949 (Ga. L. 1949, p. 355), so as to provide for the election of the commissioners by the qualified voters of the entire county; to provide for the nomination of candidates for the office of commissioner in primaries by the voters of the entire county; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2122 Section 1. An Act creating a Board of Commissioners of Roads and Revenues of Henry County, approved August 8, 1921 (Ga. L. 1921, p. 490), as amended, particularly by an Act approved February 9, 1949 (Ga. L. 1949, p. 355), is hereby amended by striking section 1 in its entirety and in lieu thereof inserting the following: Section 1.A Board of Commissioners of Roads and Revenues for Henry County, Georgia, is hereby created. Said board shall consist of five persons who shall reside in said county and in the commissioner district from which they are elected, respectively. Said commissioners shall be elected by the qualified voters of the entire county. Each political party holding a primary in Henry County for the purpose of nominating candidates for election as members of the Board of Commissioners of Roads and Revenues of Henry County shall provide for the nomination of such candidates by the qualified voters of the entire county. County wide elections. 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 ordinary of Henry County to issue the call for an election for the purpose of submitting this Act to the voters of Henry County for approval or rejection. The ordinary shall set the date of such election for a day not less than twenty 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 Henry County. The ballot shall have printed thereon the words: Referendum. For approval of the Act to provide for the election of Commissioners of Roads and Revenues of Henry County by the entire County. Against approval of the Act to provide for the election of Commissioners of Roads and Revenues of Henry County by the entire County. Page 2123 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 the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are 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 Henry 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 result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. 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, 1957, session of the General Assembly of Georgia, a bill to provide for the election of the Commissioners of Roads and Revenues of Henry County by the entire county; and for other purposes. This 18th day of December, 1956. S. Thomas Ellis, Representative Elect. Edward E. McGarity, Senator Elect, 35th District 1-3-3 tc. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, S. Thomas Ellis, who, on oath, deposes and says that he is representative from Henry County, and that the attached copy Page 2124 of notice of intention to introduce local legislation was published in the Henry County Weekly Advertiser which is the official organ of said county, on the following dates: Dec. 20, 27, 1956, Jan. 3, 1957. /s/ S. Thomas Ellis Representative, Henry County. Sworn to and subscribed before me, this 16th day of January 1957. /s/ Frances Y. Read Notary Public, Fulton Co. Ga., State of:- Approved February 14, 1957. CITY OF FITZGERALD CHARTER AMENDED No. 41 (House Bill No. 75). 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. 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 Sec. 4 of the existing charter of the City of Fitzgerald as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from the fourth sentence of said Sec. 4 the figures $900.00, and inserting Page 2125 in lieu thereof the words and figures twelve hundred ($1200.00) dollars, so that the fourth sentence of said Sec. 4 shall read as follows: The mayor shall be paid a salary of twelve hundred ($1200.00) dollars per year, to be paid monthly, and shall receive no other fees, nor perquisites in connection with his office. Mayor's salary. Section 2. Be it further enacted by the authority aforesaid, that Sec. 9 of the existing charter of the City of Fitzgerald, approved August 17, 1914, and all Acts amendatory thereof, be, and it is hereby, amended by striking from the third sentence of said Sec. 9 the figures, $120.00, and inserting in lieu thereof the words and figures, three hundred ($300.00) dollars, so that the third sentence of said Sec. 9 shall read as follows: All of said aldermen shall be elected by the qualified voters of the city at large, and the said aldermen shall receive for their services three hundred ($300.00) dollars, per year, to be paid monthly. Aldermen's salary. Section 3. Be it further enacted by the authority aforesaid, that Sec. 47 of the existing charter of the City of Fitzgerald, as contained in the Act approved August 17, 1914, and all Acts amendatory thereof, and as set out and contained in the Act approved February 4, 1952, be, and it is hereby, amended by striking from the sixth sentence of said Sec. 47 the figures $400.00, and inserting in lieu thereof the words and figures, six hundred ($600.00) dollars, so that said sixth sentence of said Sec. 47 as amended shall read as follows: The city attorney shall receive a salary of six hundred ($600.00) dollars per annum, and such fees as may be agreed upon by the council for special services and for representing the city in litigation in which it is involved. City attorney's salary. Section 4. Be it further enacted by the authority aforesaid, that if any section or portion of this Act be declared unconstitutional or void, the remaining sections or portions thereof shall not be affected thereby and any section modified or amended by such portion of this Act so declared unconstitutional shall be and remain in full force and effect. Page 2126 Section 5. 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. Section 6. Be it further enacted by the authority aforesaid, that the copy of the notice of intention to apply for the passage of this Act and the certificate of the publisher to the effect that said notice has been published as required under the provisions of Article III, Section VII, Paragraph XV of the Constitution of this State as codified in section 2-1915 of the Code of Georgia and as required under section 47-801 of said Code, which said copy of notice and certificate of publisher are hereto attached, be, and the same are hereby, incorporated in and made a part of this Act. Notice of Intention to Apply for Local Legislation. Notice is hereby given that local legislation having the following title or caption will be introduced at the coming 1957 session of the General Assembly of Georgia: 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. This 5th day of December, 1956. A. L. Stewart Ben Hill County Representative 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 Page 2127 of Ben Hill and State of Georgia; that he is the editor and publisher 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 6, 1956, December 13, 1956, and December 20, 1956. The undersigned further certifies that this certificate 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. /s/ S. G. Pryor, Jr. S. G. Pryor, Jr. Address: Fitzgerald, Georgia. Approved February 14, 1957. CITY OF HOBOKEN CHARTER AMENDED. No. 42 (House Bill No. 101). An Act to amend an act creating the charter of the City of Hoboken, approved August 16, 1920, (Ga. L. 1920, Page 2128 pp. 1003-1017), by striking in its entirety, Sec. 16, of said Act which provides for the elections of mayors and aldermen of said city and other questions that may be submitted to the voters of said city: and to provide for a new section 16, in which the hours of holding elections are fixed from 10 o'clock a.m., to six o'clock p.m., in said city to provide for election managers compensation, providing for suprevision of elections by the mayor and providing for the delivery of certificates of elections, etc., ro 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 section 16, of the act incorporating the City of Hoboken, approved August 16, 1920, (Ga. L. 1920, pp. 1003-1017), is hereby stricken, there is inserted a new section 16, to read as follows: Section 16. Be it further enacted by the authority aforesaid, That all elections for mayor and aldermen, and elections on any questions to be submitted to the voters of said city, shall be held at such place or places as may be fixed by the city council. The city council shall have full power and authority to establish as many polling places as it may deem necessary. All elections shall be held by three citizens of said town who are qualified to vote in elections therein, and said elections shall be held in the same manner and under the same rules and regulations as are elections for members of the General Assembly, except that the polls shall open at ten o'clock a.m., and close at six o'clock p.m. The mayor shall look after the holding of the elections and provide managers therefor, who shall be paid such compensation for holding the election as city council may prescribe. In elections for mayor and aldermen, the managers shall deliver certificates of election to the persons whom they find have received the greatest number of votes for mayor and aldermen, respectively. Elections. Page 2129 Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Brantley County, Georgia. Notice of Local Legislation: Notice is hereby given pursuant to Paragraph (15) of Article (3) of the Constitution of Georgia (Code 2-1915) that there will be introduced in the General Assembly of Georgia during the 1957 session the following local legislation pertaining only to the City of Hoboken. A local bill to amend the charter of the City of Hoboken as follows: (a) To amend section (16) of an act incorporating the City of Hoboken, approved August 16, 1920, (Ga. L. 1920, pp. 1003 to 1017), relative to the time the polls shall remain open for elections for mayor and aldermen and such other elections and that may be from time to time submitted to the voters of said city and to prescribe that the polls shall open at 10 o'clock a.m., EST. and shall close at 6 o'clock p.m., EST. This the 5th day of December, 1956. /s/ J. Floyd Larkins Representative of Brantley County, Georgia. C. Winton Adams, City Attorney. State of Georgia, County of Brantley. In person, before the undersigned authority, came, C. J. Broome, Sr., to me well known, who, first being duly sworn deposes, that he is the owner and publisher of the Brantley Enterprise, the official organ of Brantley County, and the newspaper in said county where the Page 2130 sheriff's advertisements are run, and that he published in said newspaper, on December 6th and 13th, 1956, and on January 3, 1957, the attached notice to seek local legislation. /s/ C. J. Broome, Sr. /s/ Carl Broome Sworn to and subscribed to before me this the 11th day of January, 1957. C. Winton Adams Notary Public, Brantley County, Georgia. My commission expires May 18th, 1958. (Seal). Approved February 14, 1957. PUTNAM COUNTY COMMISSION. No. 43 (House Bill No. 79). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the County of Putnam, and to define its powers and duties, approved Sept. 8, 1879, and all acts amendatory thereof, particularly as amended by an Act approved August 12, 1921, appearing in Ga. L. 1921, p. 555 et sequitur; to authorize the Board of Commissioners of Roads and Revenues of the County of Putnam to employ a ful-time clerk; to provide his duties and compensation; to provide compensation for the chairman and members of said board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that section 4 of an Act approved August 12, 1921, appearing in Ga. L., 1921, p. 555 et sequitur, be, and the same is hereby repealed in its entirety. Page 2131 Be it further enacted by the authority aforesaid, that the chairman of the Board of Commissioners of Roads and Revenues of Putnam County shall receive a salary of $75.00 per month, payable monthly, during his term of office and until his successor is elected and qualified; and the other members of said board shall receive a salary of $50.00 per month, payable monthly, during their terms of office and until their successors are elected and qualified. They shall receive no other compensation or per diem, except that the chairman and members of said board shall receive $6.00 per diem subsistence for each day each is required by the duties of his office to be out of Putnam County on official business for the county by approval of a majority of the members of said board; and in addition thereto, each member furnishing transportation out of the county on such official business shall receive 8 cents per mile travelled. The salaries and compensation herein provided shall be paid out of general funds in the treasury of said county. Said salaries and compensation shall be in lieu of any other salary, per diem or compensation which may have been fixed by any legislation prior to the passage of this Act. Commissioners' salaries. Be it further enacted by the authority aforesaid, that section 7 of said Act approved August 12, 1921, be and the same is hereby amended by repealing and striking from said section the words and language as follows: and shall elect one of its members clerk of said board, appearing in lines 10 and 11 of said section 7 of said Act. Be it further enacted by the authority aforesaid, that section 9 of said Act approved August 12, 1921, be and the same is hereby repealed in its entirety. Be it further enacted by the authority aforesaid, that there be and is hereby created the office of clerk of the Board of Commissioners of Roads and Revenues of Putnam County; and said board is hereby authorized and empowered to elect a clerk immediately upon approval of this Act. It shall be the duty of said clerk to keep and maintain the office of said board at such place as may be designated by it or by law, under such rules and Page 2132 regulations as said board may from time to time adopt. It shall be the duty of said clerk to keep said office open during normal and customary office hours, as in case of other county offices, except when he may be absent on business for the county. Said clerk shall perform all clerical and ministerial duties and work of said office, keep all minutes of all regular and special meetings, keep all books, files, papers, and records, and act as custodian and keeper thereof. He shall be and is hereby authorized and empowered to certify copies of all such books, minutes, and records, and such certified copies shall be admissible in evidence for any pertinent purpose in any court or other legal proceeding, as in case of other public offices and records. When required by said board or by law, he shall be the custodian and keeper of the official seal of said board, and shall affix the same to all official documents of said board when authorized by it so to do. Said clerk, at his option or when required by said board, shall have and keep an official seal of his office. Be it further enacted by the authority aforesaid, that said clerk so elected, and each of his successors, shall hold office until the first day in January of the year following his election, and until his successor is elected and qualified, unless removed sooner for cause after an opportunity to be heard thereon. Said board may fill vacancies in said office, on a temporary basis, and may elect a deputy clerk when said clerk shall be absent or incapacitated. Said clerk, and said deputy clerk during actual time served, shall receive a salary of not less than $1,500.00 per annum and not more than $3,000.00 per annum, payable in equal monthly installments, which shall be fixed by said board at its first regular or special meeting after approval of this Act, and in January of each year respectively thereafter; and when so fixed, the same shall not be increased or diminished during said year. In addition thereto, said board may provide a subsistence allowance of $6.00 per diem for each day said clerk or said deputy clerk may be required by direction of said board to be out of the county on official business, and mileage of 8 cents per each mile travelled when Page 2133 required to furnish transportation. The salary and compensation herein provided shall be paid out of general funds in the treasury of said county. Same, deputy clerk, salaries. Be it further enacted by the authority aforesaid, that this Act shall become effective immediately upon its approval by the Governor. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that I will introduce a Bill in the General Assembly of Georgia, during the January-February Session, 1957, to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Putnam, and to define its powers and duties, approved September, 1879, and all Acts amendatory thereof, so as to authorize the Board of Commissioners of Roads and Revenues of Putnam County to employ a full time clerk; to provide his duties and compensation; to provide for compensation for the chairman and members of said board; to repeal conflicting laws; and for other purposes. This the 4th day of December, 1956. Dallas Veal, Representative, Putnam County. Georgia, Putnam County. Personally before the undersigned officer duly authorized by law to administer oaths in said county and State, came Battle Smith, who on oath says that he is editor and publisher of the Eatonton Messenger, the newspaper in which sheriff's sales are advertised in said county, and that the above and foregoing notice of intention to apply for local legislation was published in Page 2134 said Eatonton Messenger on the following dates: December 6, 1956; December 13, 1956; and December 20, 1956. /s/ Battle B. Smith Sworn to and subscribed before me this December 31, 1956. /s/ J. Clayton Hargrove. J P. 368 Milt. Dist., Putnam County, Georgia. Approved February 13, 1957. WATKINSVILLE CHARTER AMENDED. No. 44 (House Bill No. 153). An Act to amend an Act repealing the various Acts incorporating the town of Watkinsville and to reincorporate said town, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, by increasing the term of mayor and councilmen to two years; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing the various Acts incorporating the town of Watkinsville and to reincorporate said town, approved August 29, 1891 (Ga. L. 1890-91, Vol. II, p. 720), as amended, is amended by striking from section 5 of said Act the words each year and inserting in lieu thereof the words each odd-numbered year; by striking the date 1891 and inserting in lieu thereof the date 1957; and by striking the words one year and inserting in lieu thereof the words two years, so that said section as amended hereby shall read as follows: Section V. Be it further enacted, That there shall be an election held in said town on the third Wednesday Page 2135 in December in each odd-numbered year, beginning with the year 1957, for mayor and five councilmen, whose term of office shall begin on the first Monday in January after said election and shall continue for two years and until their successors are elected and qualified. The certificate to be issued by the superintendents of said election may be as follows: The undersigned, superintendent of this day's election, held in the town of Watkinsville on theday of19, for mayor and five councilmen, do certify that received the highest number of votes for mayor, and that , , , , , received the highest number of votes for councilmen for said town, which certificate shall be signed by the superintendents and enclosed with the returns and shall be sufficient evidence of the persons elected. Terms of mayor and councilmen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Georgia, Oconee County: Notice is hereby given that at the next session of the Legislation of Georgia, I will introduce a bill to amend the charter of the Town of Watkinsville, Ga. to provide that the mayor and council of Watkinsville be elected for a term of office of two years instead of one year. This the 11th day of December, 1956. D. Mayne Elder Representative, Oconee County, Georgia. Georgia, Fulton County: Personally appeared before me, the undersigned authority, duly authorized to administer oaths, D. Mayne Elder, who, on oath, deposes and says that he is representative Page 2136 sentative from Oconee County, and that the attached copy of notice of intention to introduce local legislation was published in the Oconee Enterprise which is the official organ of said County, on the following dates: December 14, 21, 28, 1956. /s/ D. Mayne Elder, Representative, Oconee County. Sworn to and subscribed before me this 23 day of January, 1957. /s/ Janette Hirsch Notary Public Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved February 15, 1957. MURRAY COUNTY COMMISSIONER. No. 45 (House Bill No. 8). An Act to amend an Act creating a one-member Board of Commissioners of Roads and Revenues of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 5, 1952 (Ga. L. 1952, p. 2066), 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 a one-member Board of Commissioners of Roads and Revenues of Murray County, approved March 20, 1939 (Ga. L. 1939, p. 691), as amended, particularly by an Act approved February 5, 1952 (Ga. L. 1952, p. 2066) is hereby amended by striking the last sentence of section 7, as follows: Page 2137 He shall be paid in compensation for his services the sum of twenty-seven hundred ($2700.00) dollars per annum, payable monthly. and inserting in lieu thereof a new last sentence, to read as follows: Compensation. He shall be compensated in the amount of forty-eight hundred dollars ($4800.00) per annum, to be paid in equal monthly installments, and shall be allowed his expenses, not to exceed twenty-five dollars ($25.00) per month. 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 at the next session of the General Assembly of Georgia convening January 1957 I will introduce legislation to raise the county commissioner of roads and revenue of Murray County from the present salary to four hundred dollars per month ($400.00) and an expense allowance of not more than twenty-five dollars per month for travel and any other expense he might have while transacting county business. Fred Long, Representative, Murray County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred Long, who, on oath, deposes and says that he is representative from Murray County, and that the attached copy of notice of intention to introduce local legislation was published in the Chatsworth Times which is the official organ of said county, on the following dates: December 13, 20, and 27, 1956. /s/ Fred F. Long Representative, Murray County. Page 2138 Sworn to and subscribed before me this 14 day of January 1957. Janette Hirsch, Notary Public Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Approved February 15, 1957. CITY OF SPRINGFIELD CHARTER AMENDED. No. 47 (House Bill No. 94). An Act to amend an Act creating a charter of the City of Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, so as to extend the corporate limits of said city; to abolish the mayor's court; to create a police court; to provide for the appointment, removal and compensation of the police court judge; to provide that the mayor of said city shall have the power to grant pardons from said police court; 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 Springfield, approved August 19, 1912 (Ga. L. 1912, p. 1296), as amended, is hereby amended by striking section two of said Act in its entirety and substituting the following in lieu thereof: Section 2. The corporate limits of the City of Springfield shall be as follows: Beginning at the point in the Middle Ground Road where said road crosses Racoon Branch, and running in a westerly direction to a point in Snook's Branch, directly west of the residence of R. E. Shearouse; thence take the run of Snook's Branch in a northerly direction, to a point where said branch flows into Jack's Branch, to the point where the western boundary Page 2139 of Old Springfield crosses said Jack's Branch; thence following the western boundary to the old corner near Hinley's fence; thence following the old northern boundary of old Springfield and continuing in a straight line until a point of 600 yards to the eastward of Savannah and Atlanta Railway is reached; thence taking a southerly direction to a point in Jack's Branch, and then following the run of Jack's Branch to a point where said branch flows into Runs Creek, and then following the channel of Runs Creek to a point where the Stillwell Road crosses Runs Creek; thence in a westerly direction following the Stillwell Road until a point 600 yards to the east of the Savannah and Atlanta Railway is reached; thence taking a general southerly direction at all times being a distance of 600 yards to the east of Savannah and Atlanta Railway until the Middle Ground Road is reached; thence taking a westerly direction along the Middle Ground Road until the point is reached where the Middle Ground Road crosses Racoon Branch, this being the starting point. Limits extended. Section 2. Said Act is further amended by striking from section 8 the words and at the Police Court, so that when so amended said section will read as follows: Section 8. Be it further enacted, That the mayor of said city shall be its chief executive officer. He shall see that all laws, ordinances, rules and regulations of said city are faithfully executed, and that all officers of said city faithfully execute the duties required of them. He shall have general supervision of the affairs of said city, shall preside at meetings of the city council, and he shall have authority to convene the council in extra session whenever he deems it proper to do so, the mayor shall not have the right to act upon any question before the city council except in the election of officers of the city, and in case of a tie on other matters. Mayor. Section 3. Said Act is further amended by striking the last sentence of section 8 (A) which reads: He shall have the power also to commute, suspend, Page 2140 vacate or reduce sentences imposed by the mayor's court of said city. and substitute the following sentence in lieu thereof: He shall have the right to suspend or remit all fines, and shall have power to pardon any person or persons, convicted in the police court. so that said section, as amended, will read as follows: Section 8(A). He shall have specia control of the police of the city, and shall see that the peace and good order of the city is preserved, and that persons and property therein are protected, and to this end he may cause the arrest and detention of all violators and disorderly persons in the city before issuing his warrant therefor. He shall in all things exercise a general supervision over the affairs of the city and shall make such recommendations to the city council from time to time as may to him seem proper for the public good. He shall keep advised in reference to each of the departments of the city and the manner in which the same is being operated. He shall see that each department is being honestly and efficiently conducted upon business principles and without regard to politics. He shall require the business of the city to be promptly dispatched without favoritism to any person or interest and without reference to politics or political influence. He shall have the right to suspend or remit all fines, and shall have power to pardon any person or persons, convicted in the police court. Same. Section 4. Said Act is further amended by striking section 41 in its entirety and substituting the following in lieu thereof: Section 41. There is hereby established a police court which shall have power and authority to hold court at such time and place in said city as the mayor or city council may designate, for the trial of offenses committed against the by-laws, rules, regulations and ordinances Page 2141 of said city, and for such violations to punish by fine not to exceed one hundred dollars, or by labor on the streets or public works of said city under the control and discretion of the proper officers, not to exceed sixty days, or by confinement in the guard house of said city, or such place of confinement as may be designated by the mayor and aldermen of said city, not to exceed sixty days, either one or more or all, in the discretion of the judge of said court, and all sentences may be in the alternative and fines may be imposed with alternative of either or both of the other punishments in the event the fines are not paid. The judge of said court may also require that the costs of prosecution shall be paid by the defendant. It shall be a sufficient description of the punishment to be inflicted for the violation of an ordinance of said city for the mayor and aldermen thereof to say in such ordinance that the violation of such ordinance shall be punished as prescribed in section forty-one of this Act, referring to it by number, without setting it out in full in the ordinance, if they so choose. Upon the failure or refusal of any person to pay promptly any fine or costs imposed by said police court the same may be enforced and collected by an execution issued by the clerk and directed as is provided for the issuance and collection of tax executions by the city and levies may be made and sales thereunder may be conducted in the same way, this method being cumulative and to be used at the option of the mayor and aldermen of said city. The city council shall have power to provide by ordinance for the charge and collection of all costs in cases of violations of municipal ordinances tried in said police 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. The judge of said court shall be ex-officio justice of the peace so far as to enable him to issue warrants for offenses committed within the limits of said city. Such warrants may be served by the police or marshal of said city or by any other officer authorized by law to make arrests, and acting under said warrants, said officers may arrest either within or without the limits of said Page 2142 city. Offenders so arrested may be carried before the judge of said court, and if there is probable cause of suspect that any of the penal laws of this State have been violated by the person so charged, it shall be the duty of the judge to commit the accused to the common jail of Effingham County to answer to the charge in any court of competent jurisdiction: provided, that if said offense is one that is bailable by justice of the peace, said judge shall admit said accused to bail. If in the examination or trial of any one accused under a charge of violation of any of the municipal ordinances there is a reason to suspect a commission of a crime on his part, the judge shall have authority and it shall be his duty, to bind over or commit said accused to the proper State court for said penal offense. Police court. Section 5. Said Act is further amended by the addition of a new section which will be numbered 41 (A), be placed in numerical sequence, and read as follows: Section 41 (A). The mayor and city council of the City of Springfield, shall have the power and authority to elect a police court judge on the first Monday in March, 1957, who shall serve to the first regular meeting of the city council after the regular annual election of mayor and aldermen in January, 1958. Said police judge shall be elected at the first regular meeting of the city council held in January, 1958, after the regular election of mayor and aldermen, for a term of one year. The mayor and council are empowered and directed to elect a police court judge, every year thereafter, whose term of office shall be for one (1) year. The mayor and city council shall also have the power and authority to remove said police court judge from office for any malfeasance or malpractice, or any failure to attend the duties of his office. In the event of such removal, or in the event of a vacancy occurring in any other manner, the mayor and council shall have the authority to elect another police court judge for the unexpired term. In the event no one is available, or in the event the police court judge is disqualified to act, or sick, or for any other reasons, is unable to hold his court, the mayor or Page 2143 mayor pro tem. shall have the power and authority to act in his place and assume his functions. Police court judge. Section 6. Said Act is further amended by the addition of a new section which shall be numbered 41 (B), be placed in numerical sequence, and read as follows: Section 41 (B). The salary or compensation of the police court judge, for his services, shall be as the city council may prescribe, and it shall have the power to prescribe how it shall be paid. Same, compensation. Section 7. Said Act is further amended by striking the word mayor's from Section 43 and substituting the word police in lieu thereof, so that when so amended, said Section will read: Section 43. Be it further enacted, that the rights of certiorari from the judgment of the police court shall be had to the Superior Court of Effingham County, and shall be governed and controlled by the laws of this State governing all certioraries to the higher courts. Certiorari. Section 8. Said Act is further amended by striking the words mayor's court wherever they appear in said Act and substituting the words police court. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given by the mayor and aldermen of the City of Springfield that legislation will be introduced in the next General Assembly of the State of Georgia to amend the charter of the City of Springfield as follows: (1) To extend the corporate limits of the city eastward to the channels of Jack's Branch and Runs Creek. This extension to include all land lying south of the northeast boundary along the channel of Jack's Branch to its Page 2144 junction with Runs Creek and thence southward to the Stillwell road. (2) To provide for a maximum tax of one per cent to replace the present maximum tax of one-half () per cent. (3) To provide for the creation of the office of police commissioner and police court judge. Any interested person wishing to be heard on this matter should contact Rep. H. N. Ramsey, Sr., Springfield, Ga. George W. Fetzger, Mayor William N. Shearouse, Clerk Georgia, Effingham County: Personally appeared before the undersigned, R. E. L. Majors, who being first duly sworn, and under oath, deposes and says that he is publisher of the Springfield Herald, a newspaper in which sheriff's advertisements for Effingham County are published, and that the above and foregoing notice is an exact copy of notice which was published in the Springfield Herald on December 21, and 28th, 1956, and January 4th, and 11th, 1957. This 11th day of January, 1957. /s/ R. E. L. Majors R. E. L. Majors, Sworn to and subscribed before me this 11th day of January, 1957. H. C. Gnann H. C. Gnann J. P. 11th GM District Eff.-Co. Ga. (Seal). Approved February 15, 1957. Page 2145 CITY COURT OF HINESVILLE. No. 48 (House Bill No. 160). An Act to amend an Act establishing a City Court of Hinesville, approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by Acts approved August 16, 1920 (Ga. L. 1920, p. 334), February 16, 1943 (Ga. L. 1943, p. 753), February 7, 1950 (Ga. L. 1950, p. 2042), February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2105), February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2180), and February 16, 1955 (Ga. L. 1955, p. 2336), so as to change the salaries of the judge and solicitor of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a City Court of Hinesville, approved August 9, 1916 (Ga. L. 1916, p. 232), as amended, particularly by Acts approved August 16, 1920 (Ga. L. 1920, p. 334), February 16, 1943 (Ga. L. 1943, p. 753), February 7, 1950 (Ga. L. 1950, p. 2042), February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2105), February 5, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2180), and February 16, 1955 (Ga. L. 1955, p. 2336) is hereby amended by striking from section 4 the words three thousand dollars and substituting the words three thousand six hundred dollars in lieu thereof, so that said section, when amended, will read as follows: Section 4. Be it enacted by the authority aforesaid, That there shall be a judge of said City Court, who shall be elected by the qualified voters of Liberty County, who shall hold office for the term of four years, and if there shall be a vacancy in the office of judge, the Governor shall by appointment fill the same until the next general election, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections and shall serve until the election and qualification of his successor. The first election for said judge shall be held at the general Page 2146 election in November, 1916, under the rules and regulations governing the elections of members of the General Assembly; and the judge elected on said date shall go into office on the first day of January, 1917, and hold his office for a period of four years, and until his successors are elected and qualified. The time of election and term of office shall be the same as the Ordinary of Liberty County. The present judge of the County Court of Liberty County, N. C. Hodges, shall be the judge of said court from the time it is organized until January the first, 1917. The qualification of said judge shall be that he has been a practicing attorney for three years and a resident of Liberty County for four years immediately preceding the time he enters upon his duties as said judge of said court, and shall before entering upon the discharge of his duties take the following oath: `I do swear that I will administer justice without respect to persons, and that I will faithfully and impartially perform all the duties which may be required of me as Judge of the City Court of Hinesville according to the best of my ability and knowledge, agreeable to the laws and Constitution of this State and the Constitution of the United States, so help me God,' which oath shall be filed in the Executive Department. The judge of said court shall receive a salary of three thousand six hundred dollars a year, and the same shall be paid monthly out of the public funds of Liberty County and out of any fund set aside for paying current expenses of said county. The judge of said court shall receive no other compensation for his service. He shall not be permitted to practice law in his own court, but may practice in other courts. Salary of judge. Section 2. Said Act is further amended by striking the figure 2,800 from section 5 and substituting the figure 3,400 in lieu thereof, so that said section, when amended, will read as follows: Section 5. Be it enacted by the authority aforesaid, that there shall be a solicitor of said city court, who shall be elected by the qualified voters of Liberty County, at the same time and in the same manner as the judge Page 2147 of said court, whose term of office shall be four years, and until his successor is elected and qualified. The present solicitor of the County Court of Liberty County, M. Price, shall be solicitor of said city court from the time said court is organized until January first, 1917. All vacancies in the office of solicitor shall be filled as vacancies in the office of judge of said court. The qualifications of said solicitor shall be the same as that of the judge of said court. The duties of the solicitor shall be to prosecute all offenses cognizable before said city court. The solicitor shall be compensated in the amount of $3,400.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. Such compensation shall be in lieu of all fees which he has heretofore received except those provided in section 6. In the absence of disqualification of the solicitor, the judge of the city court shall appoint a solicitor pro tem., who shall be paid the amount on a prorata basis which the solicitor would have received had he been serving. Salary of solicitor. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved or otherwise becomes a law. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Liberty County: Before me, the undersigned, an officer authorized to administer oaths, personally came M. F. Clark, Jr., who, being first duly sworn first according to law, deposes and on oath says, That he is the editor and publisher of the Liberty County Herald, a newspaper in Liberty County, Georgia, in which sheriff's advertisements are published and that there has been published in the issue of said newspaper for December 27, 1956, January 3, 1957, and January 10, 1957, a legal notice of local legislation of which the clipping attached below is a facsimile copy. Notice of Proposed Legislation. Georgia, Liberty County. Notice is hereby given of intention to apply for local Page 2148 legislation at the next meeting of the General Assembly of Georgia, which convenes in January, 1957, amending the original Act creating the City Court of Hinesville, Georgia, Ga. L. 1916, and amendatory Acts thereto, so as to change the qualifications of judge and solicitor of said court, and so as to change the salary to be paid the Judge of the City Court of Hinesville, and so as to change the salary to be paid the Solicitor of the City Court of Hinesville, and for other purposes. This 19th day of December, 1956. Roscoe Denmark, Representative, Liberty County, Georgia. /s/ M. F. Clark M. F. Clark Editor and Publisher of Liberty County Herald. Sworn to and subscribed before me this 21st day of January, 1957. /s/ Oscar Flowers Clerk Superior Court Liberty Co., Ga. Approved February 15, 1957. COLUMBIA COUNTY COMMISSIONERS. No. 50 (House Bill No. 18). An Act to amend an Act creating the Board of Commissioners of Roads and Revenues for the County of Columbia, approved August 18, 1927 (Ga. L. 1927, p. 549), as amended, so as to provide compensation for the commissioners; to provide for expenses; to provide that compensation herein provided shall be retroactive to January 1, 1957; to ratify and confirm compensation Page 2149 and expenses paid to the commissioners under an Act approved August 14, 1919, as amended by an Act approved March 24, 1941 (Ga. L. 1941, p. 827), an Act approved February 25, 1949 (Ga. L. 1949, p. 1652), and an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2319); 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 for the County of Columbia, approved August 18, 1927 (Ga. L. 1927, p. 549), is hereby amended by adding a new section to be numbered Section 6-A to read: Section 6-A. The chairman and executive officer of said board of commissioners shall be compensated in the amount of $4,200 per annum, payable monthly, and for each of the other members of said board the sum of $900 per annum, payable monthly, for attendance at regular or called meetings of said board of commissioners. The compensation herein provided shall be paid monthly from funds of Columbia County. The chairman shall also receive in addition to other compensation herein provided all expenses incurred by him in conducting the affairs of said board of commissioners upon the approval of the majority of the members of said Board. Compensation of commissioners. Section 2. The compensation herein provided shall be retroactive to January 1, 1957 and any sums paid to the officers and employees enumerated herein prior to approval of this Act shall be credited on the sum provided to be paid to each of them as of January 1, 1957. Same. Section 3. All compensation and expenses paid to and by the Board of Commissioners of Roads and Revenue of Columbia County under an Act approved August 14, 1919 (Ga. L. 1919, p. 620), as amended by an Act approved March 24, 1941 (Ga. L. 1941, p. 827), an Act approved February 25, 1949 (Ga. L. 1949, p. 1652), and Page 2150 an Act approved February 16, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2319), is hereby ratified and confirmed. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Columbia County. Before me a notary public for said county and state appears Frank Hash who on oath says that he is publisher of The Columbia News of Harlem, Ga., a newspaper in which the legal advertisements appear, and that the attached notice appeared in the issues of The Columbia News on December 13th, 1956, December 20th, 1956, December 27th, 1956. /s/ Frank T. Hash. Sworn to and subscribed before me, this 27 day of December, 1956. /s/ Gene Harden Notary Public My Comm. expires June 29, 1958. Legal Advertisement. Notice is hereby given that the following bill will be introduced at the 1957 session of the legislature of Georgia by Honorable Glenn S. Phillips, Representative from Columbia County, Georgia. Columbia County Commissioners Compensation. An Act to amend an Act to create a board of commissioners of roads and revenues for the County of Columbia; to define their powers and duties, and prescribe their qualifications; to provide for their selections, terms for which they shall be selected, their compensation, and for other purposes pertaining to county matters, as amended by Act approved August 18, 1927, as to fix the salary of the chairman and other members of the board of commissioners of roads and revenues and provide for the payment of the expense attendant to the Page 2151 office of the chairman of said board and for further purposes and also amended by an Act approved March 24, 1941 (Ga. L. 1941, pp. 827-828, inclusive), and as also amended by Act approved February 25, 1949, (Ga. L. 1949, pp. 1652-1654, inclusive), and as also amended by Act approved February 15, 1953 (Ga. L., 1953, pp. 2319-2321, inclusive), so as to increase the salaries of the chairman and other members of the board of commissioners of roads and revenues and for other purposes. This 10th day of December, 1956. Glenn S. Phillips, Representative of Columbia County, Georgia. N-14/15/16 Approved February 15, 1957. CITY COURT OF COLQUITT COUNTY. No. 52 (House Bill No. 202). An Act to amend an Act creating the City Court of Colquitt County, in and for the county of Colquitt, approved August 7, 1931, and acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Colquitt County and the Solicitor of the City Court of Colquitt County; 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 Act of 1949 (Ga. L. 1949 page 2029 et seq.) is hereby amended by striking in section 1, the following words The Judge of said City Court shall receive a salary of three thousand ($3000.00) dollars per annum, and substituting in lieu thereof the following Page 2152 The Judge of said City Court shall receive a salary of four thousand two hundred ($4200.00) dollars per annum. Salary of judge. Section 2. Be it enacted, further that section 2 of said Act of 1949 (Ga. L. 1949 page 2029 et seq.), be and the same is hereby amended by striking therefrom the word and in lieu thereof he shall receive the sum of $200.00 per month, and substituting in lieu thereof the following, and in lieu thereof he shall receive the sum of $300.00 per month. Salary of solicitor. Section 3. Be it further enacted that all laws and parts of laws in conflict herewith be and the same are repealed. Section 4. Attached hereto and made a part hereof is a copy of notice of intention for this local bill, properly certified, as required by law. Notice. Notice is hereby given that application will be made at the next session of the General Assembly of Georgia for the passage of a local bill, captioned, which is as follows: An amendment to an act entitled `An Act to establish the City Court of Colquitt County, in and for the County of Colquitt, approved August 7th, 1931, and acts amendatory thereof, to provide for a change in the salary of the Judge of the City Court of Colquitt County, and the Solicitor of said Court and for other purposes. This December 1st, 1956. /s/ Jack Short, Representative, Colquitt County, Ga. /s/ David L. Newton, Representative, Colquitt County, Ga. Page 2153 Georgia, Colquitt County. The undersigned does hereby certify that he is the editor of the Moultrie Observer, a newspaper in which sheriff's advertisements for the locality affected by this bill are published, and does hereby certify that an exact copy of the above and foregoing notice was published in the Moultrie Observer as required by law for local legislation, and that said notice was published in the following issues of the Moultrie Observer, January 4, 1957, January 11, 1957, and January 18, 1957. /s/ W. D. Avera. Sworn to and subscribed before me, this 19 day of Jan., 1957. /s/ Mabel C. Potts, N. P. Colquitt County, Ga. Approved February 15, 1957. COLUMBIA COUNTYSALARIES OF CERTAIN OFFICIALS. No. 53 (House Bill No. 16). An Act to amend an Act to change from the fee to the salary system certain officials of certain counties, approved March 11, 1943 (Ga. L. 1943, p. 433) as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1781) and as further amended by an Act approved February 19, 1953 (Ga. L. 1953, January-February Session, p. 2422) so as to increase the salaries of various elected officers and employees of such counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to change from the fee to the salary system certain officials of certain counties, approved Page 2154 March 11, 1943 (Ga. L. 1943, p. 433) as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 1781) and as further amended by an Act approved February 19, 1953 (Ga. L. 1953, January-February Session, p. 2422), is amended as follows: (a) By striking from subsection (a) of section 2 thereof the words and figures three thousand ($3,000.00) dollars and inserting in lieu thereof the words and figures four thousand two hundred ($4,200.00) dollars, so that said section as amended shall read as follows: (a) Clerk of the Superior Court an annual salary of four thousand two hundred ($4,200.00) dollars per annum plus four thousand two hundred ($4,200.00) dollars per annum for two clerks and assistants, payable in equal monthly installments; (b) By striking from subsection (b) of section 2 thereof, the figures $3,000.00 and inserting in lieu thereof the figures 4,200.00; by striking the figures $2,400.00 and inserting in lieu thereof the figures $3,000.00; and by striking the figures $1,800.00 and inserting in lieu thereof the figures $2,700.00, so that said subsection (b) as amended hereby shall read as follows: (b) The sheriff an annual salary of $4,200.00 per annum plus $3,000.00 per annum for a chief deputy and $2,700.00 per annum for his deputy or deputies payable in equal monthly installments. (c) By striking from subsection (c) of section 2 thereof, the figures and words ($3,000.00) three thousand dollars and inserting in lieu thereof the words and figures ($4,200.00) four thousand two hundred dollars and by striking the words and figures fifteen hundred dollars ($1,500.00) and inserting in lieu thereof the words and figures two thousand one hundred dollars ($2,100.00), so that said subsection as amended hereby shall read as follows: Page 2155 (c) The tax commissioner an annual salary of four thousand two hundred dollars ($4,200.00) per annum plus two thousand one hundred dollars ($2,100.00) per annum for clerks and assistants, payable in equal monthly installments. Section 2. The salaries provided for in this Act shall be retroactive to January 1, 1957, and any sums paid to the officers and employees enumerated therein, prior to the approval of this Act, shall be credited on the sum provided to be paid to each of them as of January 1, 1957. Section 3. Severability. If any provision of this Act, or the applicability thereof to any person or circumstances, is held invalid, the remainder of this Act and the applicability thereof and of such provision to other persons or circumstances shall not be affected thereby. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Publication. Notice is hereby given that the undersigned will introduce a bill in the General Assembly of Georgia at the 1957 Session for the purpose of amending an Act approved March 11, 1943 (Ga. L. of 1943, pp. 433, 438, both inclusive), as amended by an Act approved February 25, 1949 (Ga. L. 1949, pp. 1781-1784, both inclusive, as amended by Act approved February 19, 1953 (Ga. L. 1953, pp. 2422-2425, both inclusive), increasing the salaries of the officers of said county, their deputies, clerks, or employees, including the sheriff of said county, the clerk of superior court, tax commissioner and all other officers and employees. This 10th day of December, 1956. Glenn S. Phillips, (Representative of Columbia County, Georgia). N-14 15 16 Page 2156 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Glenn S. Phillips, who, on oath deposes and says that he is Representative from Columbia County, and that the attached copy of notice of intention to introduce local legislation was published in the The Columbia News which is the official organ of said county, on the following dates: Dec. 13, 20 27, 1956. /s/ Glenn S. Phillips, Representative, Columbia County. Sworn to and subscribed before me this 15th day of January, 1957. /s/ Nelle C. Brooks, Notary Public. Notarial Seal Affixed. Notary Public, Georgia, State at Large. My Commission Expires May 10, 1959. Approved February 15, 1957. ECHOLS COUNTYCOMMISSIONERS OF ROADS AND REVENUES. No. 54 (House Bill No. 142). An Act to amend an Act establishing a Board of Commissioners of Roads and Revenues of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2040), so as to abolish road districts in said county; to remove the provisions requiring candidates for commissioner to be a resident of any particular district or section of the county; to provide that the clerk of the commissioners shall be paid a salary of not more than $75.00 per month; to repeal conflicting laws; and for other purposes. Page 2157 Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Board of Commissioners of Roads and Revenues of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2040), is hereby amended by striking from section 2 the second and third sentences, as follows: Each road district as herein set out shall be represented on said board of commissioners. Each of said members of the board of commissioners shall be a resident of the road district represented by him, and shall be responsible to the board for all matters affecting his road district of which the board has jurisdiction, either in the general law or in this Act. and by striking the last sentence, as follows: They shall be nominated and elected each by the voters of the entire county, the candidate in the road district receiving the plurality of votes in the county shall be declared elected. and inserting in lieu thereof the following: They shall be nominated and elected by the voters of the entire county, and the three persons receiving the highest number of votes shall be declared elected. so that when so amended, section 2 shall read as follows: Section 2. From and after the passage of this Act and it approval by the Governor there shall be established in the County of Echols, State of Georgia, a board of commissioners of roads and revenues to consist of three persons to be elected by the voters of Echols County and commissioned by the Governor. Said commissioners shall hold office for terms of two years from Page 2158 January 1, 1953, and until their respective successors have been elected and qualified. Thereafter the election of said commissioners shall be at the regular time of holding elections for members of the legislature. The terms of office of said commissioners shall be for two years and until their respective successors have been elected and qualified. They shall be nominated and elected by the voters of the entire county, and the three persons receiving the highest number of votes shall be declared elected. Commissioners, election by entire county. Section 2. Said Act is further amended by striking from section 7 the words and figure fifty dollars ($50.00) and inserting in lieu thereof the words and figure seventy-five dollars ($75.00), so that when so amended, section 7 shall read as follows: Section 7. Said commissioners shall elect a clerk biannually, who shall be paid not more than seventy-five dollars ($75.00) per month. Such clerk shall keep all the minutes and other records of said commissioners, and shall record in the minutes all action taken by said commissioners. Compensation of clerk. Section 3. Said Act is further amended by striking in its entirety section 13, relating to road districts. Section 4. Said Act is further amended by striking in its entirety section 14, relating to the requirements that a candidate for commissioner must be a resident of the road district which he seeks to represent. Section 5. Said Act is further amended by renumbering section 15 as section 13. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given that in the next session of the General Assembly of Georgia, convening in January, Page 2159 1957, the undersigned will apply for the passage of a local bill, which bill shall be entitled: An Act to amend an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. session, p. 2054), amending, revising, superseding, and consolidating the laws creating and governing the Commissioners of Roads and Revenues of Echols County, and the Act amendatory thereof; to abolish road districts in said county; to abolish the requirement that candidates for the office of commissioner of roads and revenues of said county be a resident and qualified voter of any particular district or section of the county; to provide that the clerk of the commissioners of roads and revenues shall be paid a salary of not more than $75 per month; to repeal conflicting laws; and for other purposes. /s/ Louis T. Raulerson, Representative, Echols County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louis T. Raulerson, who, on oath, deposes and says that he is representative from Echols County, and that the attached copy of notice of intention to introduce local legislation was published in the Valdosta Times which is the official organ of said county, on the following dates: December 14, 21 and 28, 1956. /s/ Louis T. Raulerson, Representative, Echols County. Sworn to and subscribed before me this 23 day of Jan., 1957. /s/ Frances Y. Read, Notary Public, Fulton Co. Approved February 15, 1957. Page 2160 HOURS OF HOLDING ELECTION IN CERTAIN COUNTIES. No. 55 (House Bill No. 114). An Act to provide for the hours of holding elections in certain counties; to repeal conflicting laws; and for other purposes. 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 11,725 nor more than 11,875, 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 in such counties where said elections are held. The provisions of this section shall not apply to any municipal elections held in the municipalities in such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1957. TOWN OF GRAY CHARTER AMENDED. No. 56 (House Bill No. 124). An Act to amend an Act creating a new charter for the town of Gray, approved August 22, 1911 (Ga. L., 1911, p. 1267), as amended, so as to authorize the mayor and aldermen of said town to open, close, and alter streets, alleys and squares; 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 Page 2161 town of Gray, approved August 22, 1911 (Ga. L., 1911, p. 1267), is amended by inserting following section 16 of said Act, a new section to be known as section 16-A which shall read as follows: Section 16-A. Be it further enacted by the authority aforesaid that said mayor and aldermen shall have full power and authority to open, lay-out, widen, straighten, close, or otherwise change streets, alleys and squares in the town of Gray. Power to open and close streets. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Jones County. Personally appeared before the undersigned attesting officer who is duly qualified by law to administer oaths, comes U. S. Lancaster, representative from Jones County, Georgia, who, after first being duly sworn, deposes and says on his oath that he is author of the within and foregoing local bill and that the notice of intention to apply for passage and approval of the same as hereto attached and set forth below appeared in the Jones County News once a week for three consecutive weeks, to-wit: January 4th, January 11th, and January 18th, 1957, during a period of 60 days immediately preceding the introduction of said bill in the General Assembly of Georgia, and that the Jones County News is a newspaper of general circulation in the County of Jones in which the advertisements of the sheriff of the County of Jones were and are published. /s/ U. S. Lancaster. U. S. Lancaster. Sworn to and subscribed before me this 23rd day of January, 1957. George L. Jackson, Notary Public, Jones Co., Ga. Page 2162 Notice of Intention to Seek Local Legislation. Notice is hereby given that the Town of Gray, acting by and through its mayor and board of aldermen, and/or other person or persons will make application at the next session of the General Assembly of Georgia which will convene January 14th, 1957 for the passage of a local bill to be entitled: An Act to ratify, confirm, and authorize and empower actions by the Town of Gray to abandon and close permanently that portion of a certain ten foot alley which runs from Clinton Ave. to Madison street between lots six and seven in block No. 21, and that portion of a certain ten foot alley lying between lots three, four, five, and six in block No. 13, said alleys and blocks being more fully described and shown by plat of Town of Gray recorded in Deed Book Z page 434 clerks office of the Jones Superior Court; to authorize the execution and delivery by said Town of Gray of quitclaim deed or deeds of conveyance conveying to the abutting property owners 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; and for other purposes. This 1st day of January, 1957. J. Pierce Anderson, Attorney for Town of Gray and others. Approved February 15, 1957. COWETA JUDICIAL CIRCUITCOURT REPORTER'S SALARY. No. 58 (House Bill No. 170). An Act to amend an Act entitled, An Act to provide a salary for the official court reporter of the Coweta Judicial Circuit; to provide for the collection and disposition Page 2163 of fees for reporting services rendered by such reporter; to provide for a deposit on such fees in the discretion of the judges of the courts of said circuit; to provide for the levy and collection of a tax by the authorities of the various counties comprising said circuit to pay the salary of said official court reporter, and for other purposes, approved February 12, 1945 (Ga. L. 1945, p. 618), as amended by an Act amending said Act approved February 7, 1952 (Ga. L. 1952, p. 44); to fix the salary of the official court reporter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section 1 of an Act entitled, An Act to provide a salary for the official court reporter of the Coweta Judicial Circuit; to provide for the collection and disposition of fees for reporting services rendered by such reporter; to provide for a deposit on such fees in the discretion of the judges of the courts of said circuit; to provide for the levy and collection of a tax by the authorities of the various counties comprising said circuit to pay the salary of said official court reporter, and for other purposes, approved February 12, 1945 (Ga. L. 1945, p. 618), as amended by an Act approved February 7, 1952 (Ga. L. 1952, p. 44), is further amended by striking therefrom the words, thirty-six hundred dollars, in line three thereof, and substituting therefor the words, fifty-four hundred dollars; by striking therefrom the words, three hundred, in line five thereof, and substituting therefor the words, four hundred fifty; and by striking therefrom the figure, 1945, in line eight thereof, and substituting therefor the figure, 1943; so that said section as further amended shall read as follows: Section 1. From and after the passage of the Act, the official court reporter of the Coweta Judicial Circuit shall be paid a salary of fifty-four hundred dollars per annum which salary shall be paid monthly on the first day of each month on the basis of four hundred fifty Page 2164 dollars per month. Said salary shall be in lieu of all compensation in criminal cases, as provided in the Acts of the General Assembly, 1943, page 276. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Coweta County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, James Thomasson, who on oath deposes and says that he is publisher of the Newnan Times-Herald, a newspaper published in the City of Newnan, being of general circulation and being the legal organ for the County of Coweta, Georgia, and that the following: Notice. Notice is hereby given that legislation amending the Georgia Laws of 1945, as amended by the Georgia Laws of 1952, will be introduced at the next session of the Georgia Legislature fixing the salary of the court reporter for the Coweta Judicial Circuit. has been published in said Newnan Times-Herald, once a week for three weeks, to wit, in the regular issues of January 3, 10, and 17, 1957. /s/ James Thomasson. Sworn to and subscribed before me this 18th day of January, 1957. /s/ Eugene Payton, Notary Public, Georgia. My commission expires June 21, 1958. Georgia, Meriwether County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer Page 2165 oath, Mrs. R. K. Stovall, who on oath deposes and says that she is editor and publisher of the Meriwether Vindicator, a newspaper published in the City of Greenville, being of general circulation and being the legal organ for the County of Meriwether, Georgia, and that the following: Notice. Notice is hereby given that legislation amending the Georgia Laws of 1945, as amended by the Georgia Laws of 1952, will be introduced at the next session of the Georgia Legislature fixing the salary of the court reporter for the Coweta Judicial Circuit. has been published in said Meriwether Vindicator, once a week for three weeks, to wit, in the regular issues of December 28, 1956; January 4, 1957; and January 11, 1957. /s/ Mrs. R. K. Stovall. Mrs. R. K. Stovall. Sworn to and subscribed before me this 11th day of January, 1957. /s/ Ben R. Freeman, Ben R. Freeman, Notary Public, Georgia. My commission expires October 1, 1959. (Seal). Affidavit of Publisher of Newspaper. Georgia, Troup County. Before me personally appeared Wm. 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. 6971 Jan. 4, 11, 18 Page 2166 Notice is hereby given that legislation amending the Georgia Laws of 1945, as amended by the Georgia Laws of 1952, will be introduced at the next session of the Georgia Legislature fixing the salary of the court reporter for the Coweta Judicial Circuit. has been published in said LaGrange Daily News, to-wit: January 4, 1957, January 11, 1957, January 18, 1957, being three publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. O. Coker, General Manager. Sworn and subscribed before me this 18th day of January, 1957. /s/ Eleanor H. Orr, Notary Public, Troup County. (Seal). Georgia, Heard County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Berrien T. McCutchen, who on oath deposes and says that he is owner, editor and publisher of the News and Banner, a newspaper published in the City of Franklin, being of general circulation and being the legal organ for the County of Heard, Georgia, and that the following: Notice. Notice is hereby given that legislation amending the Georgia laws of 1945, as amended by the Georgia Laws of 1952, will be introduced at the next session of the Georgia Legislature fixing the salary of the court reporter for the Coweta Judicial Circuit. has been published in said News and Banner, once a week for three weeks, to wit, in the regular issues of December 28, 1956, January 4, 11, 1957. /s/ Berrien T. McCutchen. Page 2167 Sworn to and subscribed before me this 11 day of January, 1957. /s/ Webster Denney, CSC My commission expires 12-31-60. (Seal). Georgia, Carroll County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oath, Stanley Parkman, who on oath deposes and says that he is editor of the Carroll County Georgian, a newspaper published in the City of Carrollton, being of general circulation and being the legal organ for the County of Carroll, Georgia, and that the following: Notice. Notice is hereby given that legislation amending the Georgia Laws of 1945, as amended by the Georgia Laws of 1952, will be introduced at the next session of the Georgia Legislature fixing the salary of the court reporter for the Coweta Judicial Circuit. 12/27, 1/3, 10 has been published in said Carroll County Georgian, once a week for three weeks, to wit, in the regular issues of December 27, 1956, January 3, 10, 1957. /s/ Stanley Parkman. Sworn to and subscribed before me this 10th day of January, 1957. /s/ Patricia Windom Hughes, Notary Public, Georgia. My commission expires 1/8/58. (Seal). Approved February 15, 1957. Page 2168 CITY COURT OF MILLEN. No. 61 (House Bill No. 125). An Act to amend an Act establishing the City Court of Millen, approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved February 1, 1949 (Ga. L. 1949, p. 47), so as to change the per diem of the clerk and the sheriff for attending court and authorizing per diem for the deputy clerk for attending 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 Millen, approved March 12, 1943 (Ga. L. 1943, p. 758), as amended, particularly by an Act approved February 1, 1949 (Ga. L. 1949, p. 47), is hereby amended by striking from section 47 the words and each shall receive a per diem of five dollars, and inserting in lieu thereof the words and the clerk, the deputy clerk and the sheriff shall each receive a per diem of ten dollars, so that when so amended, section 47 shall read as follows: Section 47. Be it enacted by the authority aforesaid, that the clerk and the sheriff shall receive the same fees for drawing, writing and serving the jury summonses for each quarterly term of said court, as are received by the clerk and sheriff for a similar service in the superior courts of the State, and the clerk, the deputy clerk and the sheriff shall each receive a per diem of ten dollars. Per diem of officers. 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 1957 session of the General Assembly of Georgia, a bill to change the per diem of the clerk and the sheriff for attending court in the City Court of Millen Page 2169 and authorizing per diem for the deputy clerk for attending court; and for other purposes. This 1st day of January, 1957. J. H. Simpson, Clerk. Georgia, Jenkins County: Personally appeared before the undersigned attesting officer, Frank M. Edenfield, who being duly sworn deposes and on oath says, that he is the publisher of The Millen News, a newspaper of said county in which the sheriff's advertisements are published, and that the above attached Notice of Intention to Introduce Local Legislation was duly published in said newspaper in the issues of January 3, 1957, January 10, 1957, and January 17, 1957. /s/ Frank M. Edenfield. Sworn to and subscribed before me this 21st day of January, 1957. /s/ E. G. Daniel, Notary Public, Jenkins County, Georgia. (Seal). Approved February 15, 1957. CLARKE COUNTY JUVENILE COURTJUDGE'S SALARY. No. 63 (House Bill No. 208). An Act to fix the compensation of the judge of the Juvenile Court of Clarke County Georgia; to provide for the payment of said compensation out of county funds; to repeal conflicting laws; and for other purposes. Page 2170 Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority of the same: 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 from and after the passage and approval of this Act, the compensation of the judge of the Juvenile Court of Clarke County Georgia shall be forty-eight hundred dollars per annum, which amount shall be paid from county funds in equal monthly installments. Judge's salary. Section 2. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Notice. Notice is hereby given that upon the recommendation of the Clarke County Grand Jury a special local bill will be introduced at the January session 1957, of the Legislature to fix the salary of the judge of the Clarke County Juvenile Court in the same amount as the judge of the City Court of Athens which shall be forty eight hundred dollars per annum and to provide the method of payment of same. This 7th day of January, 1957. Chappelle Mathews, Robert G. Stephens, Jr., Representatives, Clarke County. Julian H. Cox, Senator, 50th District. Jan. 11-18-25. Georgia, Clarke County. Personally appeared before me, E. B. Braswell, who being duly sworn says that he is the editor and publisher of the Athens Banner-Herald, a daily newspaper published Page 2171 in Athens, Georgia and the legal gazette of Clarke County, Georgia and that the above advertisement of legal notice was published in the Athens Banner-Herald, at Athens, Ga., on January 11, 1957 and January 18, 1957 and January 25, 1957. /s/ E.B. Braswell L.S. E. B. Braswell, Editor and Publisher. Sworn to and subscribed to before me, this 26 day of January, 1957. /s/ John B. Davis, N.P. Notary Public, Clarke County, Ga. My Commission expires on May 29, 1959. Approved February 15, 1957. MUNICIPAL COURT OF SAVANNAH. No. 66 (House Bill No. 164). An Act amending the Act creating and establishing the Municipal Court of Savannah in the city of Savannah, Chatham County, Georgia, approved August 13, 1915, and the several Acts supplementary and amendatory thereto, including the Act approved August 20, 1927, (Ga. L., 1927, p. 463) as amended by the Act approved March 27, 1937, by providing the bond given by the clerk of the Municipal Court of Savannah, and providing for the giving of bonds by the deputy clerks of said court, and providing the bond given by the sheriff of the Municipal Court of Savannah, and providing for the giving of bonds by the deputy sheriffs of said court; and by providing for the service of civil suits and garnishments (except attachments, bails in trover, dispossessory warrants, and distress warrants) by registered mail, to also provide the procedure and manner of making such services; and providing for Page 2172 the repeal of all laws and parts of laws in conflict with or inconsistent with this amendatory Act. Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of same that the Act creating and establishing the Municipal Court of Savannah, Chatham County, Georgia, approved August 13, 1915, and the Acts amendatory thereof and supplementary thereto, including especially the Act approved August 20, 1927, and the Act approved March 27, 1937, be and the same are hereby altered, amended, and revised as follows: Section 2. Be it further enacted by the authority aforesaid that section 18 of the amendatory Act of August 20, 1927, as amended by the Act approved March 27, 1937, designated as section 8, Ga. L. 1937, p. 1209, be amended by striking said original and amended sections in their entirety and substituting therefore the following section to be known as section 18: Section 18. The clerk of the Municipal Court of Savannah shall be responsible for his acts and jointly responsible with the deputy clerks of said court for their acts. The said clerk shall give a bond in the sum of $2,500.00 and the deputy clerks shall each give a bond in the sum of $1,000.00. The sheriff of the Municipal Court of Savannah shall be responsible for his acts and jointly responsible with the deputy sheriffs of said court for their acts. The said sheriff shall give a bond in the sum of $2,500.00 and the deputy sheriffs shall each give a bond in the sum of $1,000.00. Each and all of said officials shall give a good bond payable to the commissioners of Chatham County for the true and faithful performance of their respective duties and for the true and prompt payment and accounting of all moneys by said clerk and deputy clerks and by said sheriff and deputy sheriffs. Bonds of clerk, sheriff, and their deputies. Section 3. Be it further enacted by the authority aforesaid that the service of civil suits and garnishments (except attachments, bails in trover, dispossessory warrants, Page 2173 and distress warrants) in addition to the laws now providing for the service of same, and as an alternative, and in addition to all other methods of service now authorized by law, may be perfected by United States registered mail and/or certified mail at the election of the party requiring said service. Service by mail. Section 4. Be it further enacted that such service by registered mail and/or certified mail shall be perfected by the production in court of a return receipt issued by the United States Post Office, which shall constitute a prima facia service; such receipt must be in the hands of the clerk of the court at least five days before the first day of the term to which said case is returnable, and if said receipt is not in the hands of the clerk of said court within the said five day period, the case shall stand returnable to the next term of said court. Same. Section 5. Be it further enacted that all laws and parts of laws in conflict with or inconsistent with this amendatory Act be and the same are hereby repealed. Section 6. There is attached hereto and made a part hereof, an affidavit and notice of intention to apply for local legislation. 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 Introduction of Local Bills. Notice to the public is hereby given that there will be introduced to the regular session of the 1957 term of the Page 2174 General Assembly of Georgia, Acts entitled Acts amending the Act creating the Municipal Court of Savannah and the amendatory and supplementary Acts thereto; to provide for the service of civil suits and garnishments by registered mail as an alternative and in addition to existing modes of service, and to provide the procedure therefore; to provide for the bond given by the clerk of the Municipal Court of Savannah, and the giving of bonds by the deputy clerks of the said court; the bond given by the sheriff of the Municipal Court of Savannah, and the giving of bonds by the deputy sheriffs of the said Court; and to repeal all laws and parts of law in conflict with the provisions of said amendatory Acts. This 12th day of December, 1956. Washington Falk, Clerk Municipal Court of Savannah. (Seal of Court.) has been published in said Savannah Evening Press, once a week for 3 weeks, to wit in the regular issues of December 12-19-26, 1956. /s/ Helen Pope. Sworn to and subscribed before me this 18th day of January, 1957. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal). Approved February 15, 1957. BOARD OF EDUCATIONCOMPENSATION IN CERTAIN COUNTIES. No. 67 (House Bill No. 17). 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 Page 2175 than 22,500 and not more than 22,550, 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 and it is hereby enacted by the authority of same: Section 1. From and after the passage of this Act, and approved by the Governor of Georgia, in all counties of this State having a population of not less than 22,500 and not more than 22,550 according to the United States census, the members of the county board of education shall be compensated in the amount of $25 per day for each days actual service, and the chairman of such board shall be compensated in the amount of $35 per day for each days actual service, but no compensation shall be paid to a member or chairman in excess of $50 per month, and this compensation shall be paid out of school funds appropriated to the counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 15, 1957. WAYCROSS CHARTER AMENDED. No. 68 (House Bill No. 166). An Act to amend an Act to provide a new charter for the City of Waycross, approved August 17, 1909, as subsequently amended; to extend the City limits of said City of Waycross in a northerly and easterly direction to include certain parcels of land in the County of Ware adjoining the present city limits; to repeal all laws and parts of laws in conflict therewith; and for other purposes. Page 2176 Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same: Section 1. From and after the passage of this Act the corporate limits of the City of Waycross shall be extended to include within said city limits the following described parcels of land in Ware County, adjoining the present city limits, to-wit: Parcel 1. That certain strip of land lying west of the eastern margin of City Boulevard bounded on the west by the present city limits and on the east by the eastern margin of that part of City Boulevard which extends northerly from the intersection of City Boulevard and Central Avenue to the intersection of the eastern margin of City Boulevard, with Screven Avenue and Tupelo Drive. City limits extended. Parcel 2. That certain tract of land adjoining parcel 1 and described as beginning at the intersection of the eastern margin of City Boulevard, with Screven Avenue and Tupelo Drive; thence northeasterly along the northern margin of Screven Avenue to the Eastern margin of the extension of Morningside Drive; thence southeasterly along the eastern margin of the extension of Morningside Drive to the northwestern margin of the drainage canal; thence northeasterly along the northwest margin of said drainage canal to a point two hundred (200) feet east of Danora Drive which point is the eastern boundary of Cherokee Hills Subdivision; thence southerly along the eastern boundary of Cherokee Hills Subdivision to the southern margin of Seminole Trail; thence westerly along the southern margin of Seminole Trail to the eastern margin of Coral Road; thence southwesterly along the eastern margin of Coral Road to the eastern margin of City Boulevard; thence northerly along the eastern margin of City Boulevard to the point of beginning, including the entire right-of-way of the named streets which bound this parcel. Section 2. The jurisdiction, authority, ordinances, rules and regulations of the City of Waycross shall extend Page 2177 and apply to the territory described in section 1 of this Act and all property therein shall be subject to ad valorem taxes to the City of Waycross beginning with the year 1957. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. /s/ Ben A. Hodges, Ware. /s/ Parker of Ware. Notice of Proposed Local Legislation. A majority of the residents of and the owners of the land hereinafter described have filed petition containing waiver of referendum with the commission of the City of Waycross requesting that action be instituted to extend the city limits of Waycross and to include said land within said city limits. Pursuant to said petition and at the request of the commission of the City of Waycross the undersigned will introduce at the next session of the General Assembly of Georgia which convenes in January, 1957, a local bill to amend An Act to provide a new Charter for the City of Waycross, approved August 17, 1909, and the several Acts amendatory thereof, to extend the city limits of the City of Waycross so as to include within said city limits certain parcels of land in Ware County, Georgia, adjoining the present city limits and described as follows: Parcel 1. That certain strip of land lying west of the eastern margin of City Boulevard bounded on the west by the present city limits and on the east by the eastern margin of that part of City Boulevard which extends northerly from the intersection of City Boulevard and Central Avenue to the intersection of the eastern margin of City Boulevard, with Screven Avenue and Tupelo Drive. Parcel 2. That certain tract of land adjoining parcel 1 and described as beginning at the intersection of the eastern margin of City Boulevard, with Screven Avenue Page 2178 and Tupelo Drive; thence northeasterly along the northern margin of Screven Avenue to the eastern margin of the extension of Morningside Drive; thence southeasterly along the eastern margin of the extension of Morningside Drive to the northwestern margin of the drainage canal; thence northeasterly along the northwest margin of said drainage canal to a point two hundred (200) feet east of Danora Drive which point is the eastern boundary of Cherokee Hills Subdivision; thence southerly along the eastern boundary of Cherokee Hills Subdivision to the southern margin of Seminole Trail; thence westerly along the southern margin of Seminole Trail to the eastern margin of Coral Road; thence southwesterly along the eastern margin of Coral Road to the eastern margin of City Boulevard; thence northerly along the eastern margin of City Boulevard to the point of beginning, including the entire right-of-way of the named streets which bound this parcel. This December 21, 1956. /s/ Ben A. Hodges Ben A. Hodges, /s/ Tom A. Parker Tom A. Parker, Representatives, Ware County. Georgia, Ware County. Personally appeared before the undersigned officer, duly authorized under the laws of Georgia to administer oaths, Jack Williams who being duly sworn on oath says that he is publisher of Waycross Journal-Herald, the official organ of the City of Waycross and the newspaper published in the City of Waycross, Ware County, in which the sheriff's sales are advertised and which has a general circulation in Ware County, and that the attached and foregoing notice of proposed local legislation was duly published in said newspaper once a week for three weeks, in the issues of December 22, 29, 1956 and January 5, 1957. /s/ Jack Williams. Page 2179 Sworn to and subscribed before me, this the 22 day of January, 1957. /s/ Louise Breen, Notary Public, Ware County, Georgia. Approved February 15, 1957. CITY OF JACKSONCHARTER AMENDED. No. 69 (House Bill No. 85). An Act to amend an Act to create a new charter for the City of Jackson approved February 15, 1952 so that salaries of mayor and councilmen may be increased; to allow mayor and council to fix license fees without restrictions and to change the time of closing registration books 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 the authority of the same that section 10 of the Act creating a new charter for the City of Jackson, approved February 15, 1952 by striking from line 3 thereof the words five hundred ($500.00) and substituting in lieu thereof the words one thousand ($1,000.00) and by striking from line 5 thereof the words two hundred fifty ($250.00) and substituting in lieu thereof the words five hundred ($500.00), so that said section when amended will read as follows: Salaries. Section 10. Said mayor shall receive a salary to be fixed by the mayor and councilmen preceding his election a sum not to exceed one thousand ($1000.00) dollars per annum and the salaries of each councilman shall be a sum not to exceed five hundred ($500.00) dollars per annum, to be fixed by the mayor and councilmen preceding their election and such salaries shall not be changed during their terms of office. Page 2180 Section 2. Be it further enacted that Section 35, line nine thereof be amended by striking the words in said line not exceeding fifty dollars per annum, so that said section when amended shall read as follows: Section 35. Said mayor and council shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying on any trade, business, calling or avocation within the corporate limits of said town to register their names and businesses, callings, trades, vocations and professions annually and to require them to pay for such registration and for license to engage in, prosecute or carry on the same. Business licenses. Section 3. Be it further enacted that section 51 of said Act lines 3 and 10 thereof be amended by striking the word sixty and substituting in lieu thereof the word forty, so that said section when amended shall read as follows: Section 51. Whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book forty days before said election and turn over same to the mayor, who shall with the advice and consent of the councilmen, appoint a board of three registrars, whose duty it shall be to make from said books a list of voters for such election; and in making said list the registrars shall exclude the names of all persons on the registration list who registered less than forty days before said election as well as those who have died, removed from the city limits or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted by accident or mistake. The mayor and council shall, provide a reasonable compensation for the work done by the registrars. Elections. Page 2181 Section 4. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Local Legislation. At request of mayor and council of City of Jackson there will be introduced in the 1957 legislature a bill to amend the charter of the City of Jackson by striking the words five hundred ($500.00) in section 10, line 3 of charter and substituting the words one thousand ($1000.00) and by striking the words two hundred fifty ($250.00) in said section 5 thereof and substituting the words five hundred ($500.00)and by striking the words not exceeding fifty dollars per annum in line 9 of section 35 of said Actand by striking the word sixty wherever it appears in section 51 of said Act and substituting in lieu thereof the word forty. B. H. Hodges, Representative of Butts County. Georgia, Butts County. Personally appeared before me, the undersigned, B. H. Hodges, author of the attached bill, who being duly sworn says that the notice hereto attached 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. /s/B. Harvey Hodges. Sworn to and subscribed before me this 19th day of January, 1957. /s/ M. L. Summers, My Com. Expires July 31, 1960. Approved February 15, 1957. Page 2182 CITY COURT OF CLAXTONJUDGE'S SALARY. No. 70 (House Bill No. 86). An Act to amend an Act establishing the City Court of Claxton, approved the 18th day of August, 1919, (Acts 1919, p. 446 et seq.) and the Acts amendatory thereof, especially the Act approved the 11th day of August, 1922, (Acts 1922, p. 236 et. seq.) and the Act approved the 23rd day of March, 1935, (Acts 1935, p. 516 et seq.) and the Act approved the 19th day of February, 1951, (Acts 1951, p. 2441 et seq.) and the Act approved December 12, 1953, (Acts 1953, p. 2279 et seq.) so as to increase the salary of the judge of said court. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by said authority, that section five (5) of the Act establishing the City Court of Claxton, approved the 18th day of August, 1919, (Acts 1919, p. 446 et seq.) in so far as said section five fixed the amount of the salary of the judge of said court, as amended by section two (2) of the Act approved the 11th day of August, 1922, (Acts 1922, p. 236 et seq.) in so far as said section two fixed the amount of the salary of the judge of said court, as amended by section five (5) of the Act approved the 23rd day of March, 1935, (Acts 1935, p. 516 et seq.) in so far as it fixed the amount of the salary of the judge of the said court, as amended by section five (5) of the Act approved the 19th day of February, 1951, (Acts 1951, p. 2441 et seq.) in so far as it fixed the amount of the salary of the judge of said court, as amended by section five (5) of the Act approved the 12th day of December, 1953, (Acts 1953, p. 2279 et seq.) in so far as it fixed the amount of the salary of the judge of said court, be, and the same is, hereby further amended by striking said section five (5) of the Act approved the 12th day of December, 1953, (Acts 1953, p. 2279 et seq.) which reads as follows: Page 2183 Sec. 5. Be it enacted by the authority aforesaid that from and after the passage and approval of this Act the Judge of the City Court of Claxton shall receive a salary of eighteen hundred ($1800.00) dollars per annum, payable one hundred and fifty ($150.00) dollars per month, out of the funds and monies of Evans County, as a current expense, to be paid by the board of commissioners of roads and revenues of said county (or by the ordinary if he is charged by law with the administration of the fiscal affairs of said county), and such authority shall annually make provision therefore by levying taxes for this purpose, and such salary be paid to the judge now in office, as well as to future incumbents of said office, and substituting in lieu of said stricken section a new section to be numbered five and which new section shall read as follows, to wit: Section 5. Be it enacted by the authority aforesaid that from and after the passage and approval of this Act, the Judge of the City Court of Claxton shall receive a salary of $2400.00 ($2400.00) dollars per annum, payable $200.00 per month, out of the funds and monies of Evans County, as a current expense, to be paid by the board of commissioners of roads and revenues of said county (or by the ordinary if he is charged by law with the administration of the fiscal affairs of said county), and such county authority shall annually make provision therefor by levying taxes for this purpose, and such salary shall be paid to the judge now in office, as well as to future incumbents of said office. Judge's salary. Section 2. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this amendatory Act be, and they are, hereby repealed. Section 3. Attached hereto and made a part hereof is copy of the notice of intention to apply for this legislation, with the certificate of the publisher to the effect that said notice has been published as required by law. Page 2184 Notice of Local Legislation. Application will be made to the General Assembly of Georgia convening in January, 1957, for passage of a bill amending the Act creating the City Court of Claxton (Acts 1919, pp. 446-458) and Acts amendatory thereof, so as to increase the compensation of the judge of said court. Harry R. DeLoach. Verification of Publication. Georgia, Evans County. Before the undersigned officer personally appeared the affiant, B. T. Sanders, who on oath says that he is editor and publisher of the Claxton Enterprise, the newspaper in Evans County, Georgia, in which sheriff's advertisements for said county are published, and that the above and foregoing notice of intention to apply for the legislation therein referred to, for the locality affected, was published in said newspaper once a week for three weeks as required by law, to-wit; in the regular issues of said newspaper on November 29th, December 6th and December 13th, 1956. Signed: B. T. Sanders B. T. Sanders-Editor. Sworn to and subscribed before me, this 3rd day of January, 1957. /s/ J. A. Tippins Notary Public, Com. exp. the 3 - day of January, 1957. (Seal). Approved February 15, 1957. Page 2185 CITY OF CEDARTOWN CHARTER AMENDED. No. 71 (House Bill No. 159). An Act to amend an Act creating a new charter for the city of Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595) as amended by Acts approved December 27, 1937 (Ga. L. 1937-8 Extra Sess., p. 1042), January 30, 1946 (Ga. L. 1946, p. 413), March 26, 1947 (Ga. L. 1947, p. 708), March 28, 1947 (Ga. L. 1947, p. 1386), February 25, 1949 (Ga. L. 1949, p. 1304), and February 17, 1950 (Ga. L. 1950, p. 2869) so as to create and define four wards within said city; to abolish the city commission and delegate their duties to a mayor and council; to provide that one councilman shall reside in each ward; to provide the mayor shall only vote in council meeting in the event of a tie; to terminate the terms of all commissioners on the first Tuesday in January, 1958; 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 Cedartown, approved March 29, 1937 (Ga. L. 1937, p. 1595) as amended by Acts approved December 27, 1937 (Ga. L. 1937-8 Extra Sess., p. 1042), January 30, 1946 (Ga. L. 1946, p. 413), March 26, 1947 (Ga. L. 1947, p. 708), March 28, 1947 (Ga. L. 1947, p. 1386), February 25, 1949 (Ga. L. 1949, p. 1304), and February 17, 1950 (Ga. L. 1950, p. 2869) is hereby amended by striking section 2 of said Act in its entirety and substituting the following in lieu thereof: Section 2. The City of Cedartown shall be devided into four wards, which are described as follows: First Ward: Beginning at the city limits on the east side of North Main Street thence southward along the east side of North Main and Main Streets to a point directly across Main Street from the north boundary of Page 2186 the intersection of Main Street and West Avenue, thence westward across Main Street and along the north side of West Avenue to Adamson Road, thence southwestward along the west side of Adamson Road to the city limits, thence north and east along the city limits to the east side of North Main Street. Wards. Second Ward: Beginning at the city limits on North Main Street and extending southward along the east sides of North Main and Main Streets to the intersection of Herbert Street, thence eastward along the north side of Herbert Street to the east side of Park Street, thence southward along the east side of Park Street to Jefferson Street, thence eastward along the north side of Jefferson Street to the city limits, thence north and west along the city limits to the east side of North Main Street. Third Ward: Beginning at the city limits on the east side of South Main Street and thence northward along the east side of South Main and Main Streets to a point directly across Main Street from the north boundary of the intersections of Main Street and West Avenue, thence westward across Main Street along the north side of West Avenue to Adamson Road, thence southwestward along the west side of Adamson Road to the city limits, thence south and east along the city limits to the east side of South Main Street. Fourth Ward: Beginning at the city limits on South Main Street and extending northward along the east side of South Main and Main Streets to the intersection of Herbert Street, thence eastward along the north side of Herbert Street to the east side of Park Street, thence southward along the east side of Park Street to the north side of Jefferson Street, thence eastward along the north side of Jefferson Street to the city limits, thence south and west along the city limits to the east side of South Main Street. Section 2. Said Act is further amended by striking section 3 in its entirety and substituting the following in lieu thereof: Page 2187 Section 3. The governing and legislative authority of said city shall be vested in a mayor and four councilmen. Said mayor and councilmen shall have obtained the age of twenty-one (21), and they shall have been residents and citizens of said city for at least two years next preceding their election and the councilmen shall reside within their respective ward for at least one (1) year next preceding their election, and they shall be qualified voters of the City of Cedartown, and they shall have been freeholders for at least two (2) years next preceding their election. The members of the council and the mayor shall serve without salary. At their first meeting the council shall elect one of their members as mayor pro tem. In the absence of the mayor, the mayor pro tem shall preside over the deliverations of the council and shall be entitled to vote. The mayor shall have no vote, except in the event the votes of the commissioners are equally divided; he shall preserve order and decorum at all meetings of the council, and shall enforce the rules of the body, and shall have power to punish all persons for contempt of such rules, and shall perform all other duties incident to his office. Service of legal process directed to or against the city shall be made upon the mayor, or in his absence from the county, upon the mayor pro tem. Said mayor shall be elected from the city at large, irrespective of the ward in which he resides, and shall be elected by the consolidated vote of the entire city. The councilmen must reside in the ward they represent, however they shall be elected by the consolidated vote of the entire city. Said mayor and councilmen shall be elected for a term of four years, except as hereinafter provided, and until their successors are elected and qualified, subject, however, to recall, as is hereinafter provided. Said mayor and councilmen may succeed themselves as many times as they may be elected. Mayor and council. Section 3. Said Act is further amended by striking section 4 in its entirety and substituting the following in lieu thereof: Section 4. On the second Tuesday in December in Page 2188 1957 and on the second Tuesday in December of each second year thereafter, an election shall be held for the purpose of electing councilmen, and every four years for electing a mayor, whose terms shall begin on the first Tuesday in January thereafter, except as hereinafter provided. In the first election under this Act, the mayor and councilmen from Wards No. one and two shall be elected to a four year term and the councilmen from Wards No. three and four to a two year term. After the first election held under this Act, the mayor and all councilmen shall serve four year terms. They shall all serve until their successors are elected and qualified. The present commissioners shall serve until the first Tuesday in January, 1958. Same, terms. Section 4. Said Act is further amended by striking, wherever they appear, and substituting in lieu thereof, the following words: council for commission; mayor for chairman; mayor pro tem. for chairman pro tem.; and council for city commission. Similar substitutions are hereby made for the applicable plurals of the aforementioned words. Same. Section 5. Not less than 10 nor more than 20 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 commissioners of the City of Cedartown to issue the call for an election for the purpose of submitting this Act to the voters of the City of Cedartown for approval or rejection. Said commissioners shall set the date of such election for Wednesday, May 8, 1957. Said commissioners 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 Polk County. The ballot shall have printed thereon the words: Referendum. For approval of the Act amending the Charter of Cedartown so as to provide for a mayor and council and dividing the City into Wards. Against approval of the Act amending the Charter Page 2189 of Cedartown so as to provide for a mayor and council and dividing the City into Wards. 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 the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are 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 Cedartown. It shall be the duty of the chairman of said commissioners to hold and conduct such election. It shall be the duty of the chairman of said commissioners to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. It is my intention to introduce a bill in the next session of the General Assembly of Georgia allowing the people of Cedartown to vote on the question as to whether they shall retain the present form of city commission or to amend the city charter to mayor and council form of government. Signed: John P. Pickett Representative-elect Polk County Georgia. 16, Dec. 14, 21, 28 Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the next session of the General Assembly of Georgia for introduction and passage of a local bill to be entitled: Page 2190 An Act to amend an Act of the General Assembly of Georgia approved November 18, 1901, and all Acts amendatory thereof, entitled An Act to establish a City Council of Polk County, in the City of Cedartown, in and for the County of Polk; to provide for a change in the salary of the solicitor of the City Court of Polk County and for other purposes. 15, Dec. 14, 21, 28 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John P. Pickett, who, on oath, deposes and says that he is representative from Polk County, and that the attached copy of notice of intention to introduce local legislation was published in the Cedartown Standard which is the official organ of said county, on the following dates: December 14, 21, and 28, 1956. /s/ John P. Pickett Representative, Polk County. Sworn to and subscribed before me this 24 day of January 1957. /s/ Janette Hirsch Notary Public Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved February 15, 1957. CITY OF CORDELE CHARTER AMENDED. No. 72 (House Bill No. 10). An Act to amend an Act creating a new Charter for the City of Cordele, approved August 15, 1922 (Ga. L. Page 2191 1922, p. 680), as amended, by providing that in order to encourage the prompt payment of city and ad valorem taxes, the city commission shall have authority to prescribe and regulate discount and discount periods for the payment of such taxes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. 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, is hereby amended by adding to section 37 thereof the following, which shall be designated as sub-section (i): (i) In order to encourage the prompt payment of city taxes, the city commission shall have power and authority to prescribe and regulate discounts and discount periods for the payment of ad valorem taxes. Section 2. 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 Jack C. Mathews who, first being duly sworn, deposes and says the following: That he is the co-publisher of the Cordele Dispatch, the official gazette of Crisp County, Georgia, and that the notice of intention to introduce local legislation attached hereto has been duly published in the Cordele Dispatch on December 14, 21, 28, 1956. /s/ Jack C. Mathews Co-Publisher, Cordele Dispatch. Page 2192 Sworn to and subscribed before me this 12 day of January 1957. Whitfield R. Forrester Notary Public, Crisp County, Ga. My Commission expires: Dec. 27, 1960. (Seal). Exhibit A Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia 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, by providing that in order to encourage the prompt payment of city advalorem taxes, the city commission shall have authority to prescribe and regulate discount and discount periods for the payment of such taxes; 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, 1956. /s/ Marvin L. Summers. Dec. 14, 21, 28. Approved February 15, 1957. CLAYTON COUNTYDECREASE IN TAX REVENUE. No. 13 (House Resolution No. 117). A Resolution. Urging the City of Atlanta to discuss and make adjustments concerning the decreasing tax digest of Clayton Page 2193 County caused by the expansion of the Atlanta Airport within Clayton County; and for other purposes. Whereas, the City of Atlanta has established and is expanding a large airport, portions of which are located upon land within the boundaries of Clayton County; and Whereas, a part of such land located within Clayton County is not being used for airport purposes, but is being used for rental property by the City of Atlanta even though Clayton County is furnishing certain governmental services to the residents on such land, such as fire and police protection; and Whereas, customarily a governmental subdivision of this State has not taxed property of another government subdivision located within its boundaries; and Whereas, as a result of the above factors, Clayton County is suffering from a decrease in its tax digest resulting in a concomitant decrease in tax revenue; and Whereas, some recompense should be made to Clayton County for the decline in its tax revenue. Now, therefore, be it resolved by the General Assembly of Georgia that the mayor and council of the City of Atlanta are urged to enter into discussions with the Board of Commissioners of Roads and Revenues of Clayton County with a view towards obtaining a just and fair settlement of the problem of the decreasing Clayton County tax digest. Be it further resolved that the clerk of the house immediately transmit copies of this resolution to the mayor and council of the City of Atlanta and to the Board of Commissioners of Roads and Revenues of Clayton County. Approved February 15, 1957. Page 2194 MILLER COUNTY COMMISSIONERS. No. 77 (House Bill No. 433). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2256), so as to increase the number of commissioners; to provide that the ordinary shall be a member of and chairman of the board; to provide that the ordinary shall be purchasing agent of the county; to provide the procedure relative to the issuance of county warrants; to provide for compensation; to provide for a quorum; to provide that the clerk of the superior court shall be clark of the board; to provide for an election to elect the additional members; to provide an effective date; to provide for a referendum election relative to salary of the commissioners to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act created a Board of Commissioners of Roads and Revenues for Miller County, approved August 22, 1905 (Ga. L. 1905, p. 569), as amended, particularly by an Act approved February 8, 1955 (Ga. L. 1955, p. 2256), 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 Miller County, to be composed of seven members. The Ordinary of Miller County shall be a member of the board and shall be chairman of the board. One member shall reside in that portion of Militia District #1160 which is south of that certain paved road in Miller County known as the Mayhaw Road and which leads from State Route #91 in Miller County to the county line of Early County. Such member shall be elected only by the voters residing in Page 2195 the aforesaid portion of Militia District #1160. One member shall reside in that portion of Militia District #1160 which lies north of the aforesaid Mayhaw Road. Such member, at the general election held in 1960, and in all general elections thereafter, shall be elected only by the voters residing in the aforesaid portion of Militia District #1160. This Act recognizes and leaves in tact the election and commission of B. B. Regan as the commissioner residing north of the Mayhaw Road in said Militia District #1160, and whose term expires December 31, 1960. One member shall reside in that portion of Militia District #1029 which is north of State Route #91, which is a paved road leading from Colquitt, Georgia to Newton, Georgia. Such member shall be elected only by the voters residing in the aforesaid portion of Militia District #1029. One member shall reside in that portion of Militia District #1029 which is south of the aforesaid State Route #91. Such member, at the general election held in 1960, and in all general elections thereafter, shall be elected only by the voters residing in the aforesaid portion of Militia District #1029. This Act recognizes and leaves intact the election and commission of J. H. Freeman as the commissioner residing south of State Route #91 in said Militia District #1029, and whose term expires December 31, 1960. Two members shall reside in Militia District #903. Such members shall be elected only by the voters residing in Militia District #903. This Act recognizes and leaves intact the election and commission of McArthur Sloan as the present commissioner residing in Militia District #903, and whose term expires December 31, 1960, and whose successor and successors in office shall be elected at the general election held in 1960 and in all general elections thereafter. The members of the board shall hold office for a term of four years and until their successors are elected and qualified. Commissioners. Section 2. Said Act is further amended by striking section 5 in its entirety and inserting in lieu thereof a new section 5, to read as follows: Section 5. Four members of the board and the chairman Page 2196 shall constitute a quorum for the transaction of business. The chairman shall vote only in case of a tie vote. If any member fails or refuses to vote on any question, motion, resolution or any other matter which is before the board, such failure or refusal is hereby declared to be a vote against the matter before the board. Quorum. Section 3. 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: Section 9. All county warrants shall be signed only by the chairman of the board and attested by the clerk of the board, but all such warrants must first be approved by a majority of the members of the board present and voting thereon, and in all instances must be approved by at least a majority of the quorum provided for herein. County warrants. Section 4. 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. The Clerk of the Superior Court of Miller County shall be clerk and bookkeeper of the board of commissioners. He shall keep all records of the proceedings of the board. His compensation shall be fixed by the board, but shall not be less than $85.00 per month. Clerk. Section 5. Said Act is further amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows: Section 15. Each member of the board of commissioners, except the chairman, shall receive the sum of $5.00 per meeting for his services. Compensation of commissioners. Section 6. Said Act is further amended by adding a new section, to be known as section 15A, to read as follows: Section 15A. The chairman shall receive the sum of Page 2197 $100.00 per month for his services as chairman of the board of commissioners and as purchasing agent of the county. Compensation of chairman. Section 7. Said Act is further amended by striking section 17 in its entirety and inserting in lieu thereof a new section 17, to read as follows: Section 17. The ordinary shall act as purchasing agent for Miller County, but the total purchases made in any month shall not exceed the sum of $300.00 in any month, unless purchases in greater amounts have been previously approved by a majority of the members of the board in open meeting. Purchasing agent. Section 8. Not less than 20 nor more than 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 Miller County to issue the call for an election for the purpose of electing the new members of the board which are added by this Act. The ordinary shall set the date of such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The ordinary shall cause the date and purpose of the election, and a brief explanation of the voting procedure, to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Miller County. Special elections. At such election, one new member of the board shall be elected from that portion of Militia District #1160 which lies south of Mayhaw Road, and any candidate for such office must reside in the aforesaid area. Such new member shall be elected only by the voters of such area. One new member of the board shall be elected from that portion of Militia District #1029 which lies north of State Route #91, and any candidate for such office must reside in the aforesaid area. Such new member shall be elected only by the voters of such area. One new member of the board shall be elected from Militia District #903, and any candidate for such office must Page 2198 reside in said Militia District. Such new member shall be elected only by the voters of such Militia District. The members so elected and the ordinary shall begin their service on the board as soon as the results of the election have been certified. Th new members shall have a term of office which shall expire on December 31, 1960. Successors to the new members and to the old members shall be elected at the general election in 1960. They shall begin their terms of office on January 1, 1961 and shall serve for four years and until their successors are elected and qualified. All future successors shall likewise serve for a term of four years and until their successors are elected and qualified. The expense of the aforesaid election shall be borne by Miller County. It shall be the duty of the ordinary to hold and conduct the election. It shall be the duty of the ordinary to canvass the returns and declare and certify the results. It shall be his further duty to certify the results thereof to the Secretary of State. Section 9. Not less than 20 nor more than 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 Miller County to issue the call for an election for the purpose of submitting to the voters of Miller County the question as to whether the members, other than the chairman, of the board of commissioners shall receive the sum of $5.00 per meeting or the sum of $50.00 per month as compensation for their services. The ordinary shall set the date of such election for the same day as that fixed for the election of the new members of the board, as provided in section 8 of this Act. 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. Referendum. The ballot shall have written or printed thereon the following: Page 2199 For $50.00 per month salary for County Commissioners. For $5.00 per meeting salary for county Commissioners. If a majority of the votes cast on such question are for $50.00 per month, the commissioners shall receive a salary of $50.00 per month. If a majority of the votes cast on such question are for $5.00 per meeting, the commissioners shall receive a salary of $5.00 per meeting. In the event a majority of the votes cast are for $5.00 per meeting, section 15 of the aforesaid Act of 1905, as amended, shall be effective as it appears quoted in section 5 of this Act, and all members of the board, except the chairman, shall receive $5.00 per meeting. If a majority of the votes cast are for $50.00 per month, section 15 as it appears quoted in section 5 of this Act shall not become effective, and said 15 shall remain as it was amended by the aforesaid amendatory Act of 1955, with the exception of that portion relating to the compensation of the chairman, which portion shall be of no effect as respects the salary of the chairman, and all members of the board shall receive the sum of $50.00 per month. 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. 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 10. In the event any section (subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall be and remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part thereof. The legislature hereby declares that it Page 2200 would have passed the remaining parts of this Act if it had known that such part or parts thereof would be declared or adjudged invalid or unconstitutional. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Miller County. Notice is hereby given that at the next session of the General Assembly of Georgia (January-February Session, 1957) application will be made for the passage of an Act providing for increasing the number of Commissioners of Roads and Revenues of Miller County, Georgia, so that each Militia District of said county shall have two commissioners; for said commissioners to be compensated; for defining and providing for their duties and powers; for defining a tie vote; for defining a quorum for said board; for defining and providing for duties of the clerk of said board; for the call of an election to elect a member of the board of commissioners of roads and revenues of said county from each militia district thereof so as to increase the number of commissioners as aforesaid; and for the ordinary of said county to be a member of said board and chairman thereof by virtue of his office, and for him to be made purchasing agent for Miller County upon a limited basis, and to be compensated therefor, and providing for him to vote in the case of a tie vote of said board; and for other purposes. Buck Tabb Representative-Elect, Miller Co., Ga. Ad #1. Notice. Georgia, Miller County. To Whom It May Concern Notice is hereby given that application will be made Page 2201 at the present January-February, 1957, session of the General Assembly for the passage of a bill to reduce the salary of the present members of the Board of Commissioners of Roads and Revenues of Miller County, Georgia, from the sum of $50.00 each per month to the sum of $5 each per meeting; and to provide that said bill will become effective upon approval by a majority of the qualified voters of Miller County voting in a referendum held for such purpose; to provide a date for such referendum, to repeal all conflicting laws and for other purposes. Buck Tabb, Representative, Miller County. Ad #2. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Buck Tabb, who, on oath, deposes and says that he is representative 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: Ad #1: January 4, 11 and 18, 1957. Ad #2: January 25, February 1 and 8, 1957. /s/ Buck Tabb Representative, Miller County. Sworn to and subscribed before me this 8 day of February 1957. /s/ Janette Hirsch Notary Public Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved February 20, 1957. Page 2202 COMPENSATION TO M. V. PARKERSON. No. 22 (House Resolution No. 19-29a). A Resolution. To compensate M. V. Parkerson; and for other purposes. Whereas, on June 8, 1954, Roland Mallard was driving a truck for the Parkerson Dry Cleaning Company, of Sardis, Georgia, which truck was owned by M. V. Parkerson of said City, on a road from Millen to Sylvania, in Jenkins County; and Whereas, the State Highway Department was surveying this road and had set up a surveying instrument in the middle of the road just over the top of a hill, which instrument could not be seen by a person driving an automobile until he was at the top of the hill; and Whereas, Mr. Mallard, after leaving the top of the hill, saw that there was no room to pass the instrument and slammed on his brakes in an attempt not to hit it, and the truck was hit from the rear by another automobile; and Whereas, there was no warning sign of any kind stating that men were working, and the accident occurred through no fault whatsoever on the part of the driver of the truck or the driver of the other car; and Whereas, the truck was damaged in an amount of $126.05, and it is only just and proper that the owner 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 M. V. Parkerson, of Sardis, Georgia, the sum of $126.05 as compensation as set out above. Said sum shall be paid Page 2203 from funds appropriated to or available to said department. Approved February 21, 1957. CITY COURT OF ATHENS. No. 82 (House Bill No. 467). An Act to amend the several Acts creating and relative to the City Court of Athens; repealing any part of the Act approved September 9, 1879, and the Act approved December 18, 1894, and the Act approved August 19, 1911, and the Act approved August 14, 1913, and the Act approved January 30, 1951, which parts of said Acts may be in conflict with the provisions of this Act; establishing, fixing, creating and paying the salary of the Judge of the City Court of Athens, and the salary of the Solicitor of the City Court of Athens, and for other purposes amendatory of said Act. 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 from and after the passage of this Act the salary of the Judge of the City Court of Athens shall be $6,000.00 per annum. Judge's salary. Section 2. 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 from and after the passage of this Act the salary of the Solicitor of the City Court of Athens shall be $5,400.00 per annum. Solicitor's salary. Section 3. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that said salary of the Judge of the City Court of Athens, and the said salary of the Solicitor of the City Court of Athens, shall be paid monthly by the Commissioners of Roads and Revenues of Clarke County, Georgia, out of the treasury of the said County of Clarke. Page 2204 Section 4. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that all laws or parts of laws in conflict with or inconsistent with the provisions of this Act, including the Act approved September 9, 1879, and the Act approved December 18, 1894, and the Act approved August 19, 1911, and the Act approved August 14, 1913, and the Act approved January 30, 1951, affecting the City Court of Athens be, and the same are hereby repealed insofar as the salary of the Judge of the City Court of Athens, and the salary of the Solicitor of the City Court of Athens, are concerned. Notice. Georgia, Clarke County. Notice is hereby given that a special bill will be introduced in the General Assembly of Georgia at the present session of January, 1957, to amend the Act creating the City Court of Athens, and all the Acts amendatory thereof, for the purpose of increasing the salaries of the Judge and Solicitor of the City Court of Athens, and providing for the manner of payment thereof. This the 25th day of January, 1957. /s/ Robert G. Stephens, Jr., /s/ Chappelle Matthews, Representative, Clarke County, Ga. /s/ Julian H. Cox, Senator, 50th District. J 25, F 1-8. County of Clarke, State of Georgia. Personally appeared E. B. Braswell, who being duly sworn says that he is the editor and publisher of the Athens Banner-Herald, a daily newspaper published in Athens, said State and County, and that the advertisement Page 2205 giving notice of intent to amend the Act creating the City Court of Athens, and all the Acts amendatory thereof, at the present session of January-February, 1957, of the General Assembly of Georgia, for the purpose of increasing the salaries of the Judge and Solicitor of the City Court of Athens, was published in its editions of January 25, 1957, and February 1 and 8 of 1957, and that a true and correct copy of said notice is hereto attached and made a part hereof. /s/ E. B. Braswell. Sworn to and subscribed before me, this the 9th day of February, 1957. /s/ John B. Davis, N. P., Clarke County, Georgia. Approved February 21, 1957. MOULTRIE CHARTER AMENDED. No. 84 (House Bill No. 336). An Act to amend an Act creating a new charter for the City of Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2830), 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 Moultrie, approved March 3, 1943 (Ga. L. 1943, p. 1458), as amended, particularly by an Act approved March 6, 1956 (Ga. L. 1956, p. 2830), is hereby amended so that the following described area shall not become a part of the corporate limits of the City of Moultrie: Page 2206 Beginning 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 limits line of the City of Moultrie, as defined by 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 west along said south original lot line to its intersection with the east margin of the right-of-way of the Georgia Northern Railway Company, thence run north along the east margin of said right-of-way to its intersection with the south line of the corporate limits of the City of Moultrie, as defined by Georgia Laws 1943, page 1458 et seq., thence run east along said south corporate limits line to the southeast corner of the corporate limits of the City of Moultrie, as defined by Georgia Laws 1943, page 1458 et seq., the point or place of beginning. Corporate limits. The aforesaid area is a portion of the property known as Area 2 (Colonial Heights Area), which area, pursuant to a referendum election held on February 4, 1957 pursuant to the aforesaid amendatory Act of 1956, is to become a part of the City of Moultrie on April 2, 1957. However, in the event this Act is approved in a referendum election as provided hereinafter, that portion of Area 2 which is specifically described herein-before shall not become a part of the City of Moultrie, but if this Act is not approved in the referendum election provided for hereinafter, such property shall become a part of the City of Moultrie on April 2, 1957, along with the other portion of Area 2. Section 2. After the approval of this Act by the Governor, 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 that portion of Area 2 specifically described hereinbefore. Such election shall be held on March 11, 1957, and the ordinary shall cause the date and purpose of the election, along with a description of the property hereinbefore described, a brief explanation of the voting procedure and such Page 2207 other information as he deems desirable to be published at least once preceding the date of the election in the official organ of Colquitt County. The ballot shall have written or printed thereon the words: Referendum. For removing a specified portion of Area 2 from the corporate limits of the City of Moultrie. Against removing a specified portion of Area 2 from the corporate limits of the City of Moultrie. All persons desiring to vote in favor of the Act shall vote for removing a specified portion of Area 2 from the corporate limits of the City of Moultrie, and those persons desiring to vote for rejection of the Act shall vote against removing a specified portion of Area 2 from the corporate limits of the City of Moultrie. If a majority of the votes cast on such question are for removing a specified portion of Area 2 from the corporate limits of the City of Moultrie, then this Act shall become of full force and effect and the area specifically described herein shall not become a part of the City of Moultrie. If less than a majority of the votes cast on such question are for removing a specified portion of Area 2 from the corporate limits of the City of Moultrie, then this Act shall be void and of no force and effect and such specifically described area shall become a part of the City of Moultrie at the same time and under the same conditions as the remainder of Area 2. Only persons who are qualified to vote in Colquitt County for members of the General Assembly of Georgia and who have resided continuously in the specifically described area for at least three (3) months next preceding the date of the election shall be qualified to vote in the referendum to be held in such area. The expense of such election shall be borne by the City of Moultrie. 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. The provisions of the aforesaid amendatory Act of 1956 relating Page 2208 to the referendum elections provided for in said Act shall, as far as possible, be applicable to the referendum election provided for herein unless in conflict with the provisions of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given of intention to apply for passage of local legislation at the next session of the General Assembly of Georgia to amend an Act creating and establishing a new charter for the City of Moultrie approved March 3, 1943, and acts amendatory thereof. This December 20, 1956. 3 Jan. 4 Georgia, Colquitt County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. D. Avera, who, on oath deposes and says that he is editor of the Moultrie Observer and that the foregoing copy of notice of intention to introduce local legislation was published in the Moultrie Weekly Observer, which is the official organ of Colquitt County, on the following dates: December 21, 1956, December 28, 1956 and January 4, 1957. /s/ W. D. Avera. Sworn to and subscribed before me this 5th day of February, 1957. /s/ Mabel C. Potts, Notary Public, Colquitt County, Georgia. Approved February 22, 1957. Page 2209 CITY OF BAINBRIDGE CHARTER AMENDED. No. 86 (House Bill No. 538). An Act to amend an Act creating a new charter for the City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3094), so as to change the corporate limits of the City of Bainbridge; to increase the number of aldermen; to provide for the election, terms and residence of such 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 City of Bainbridge, approved December 16, 1901 (Ga. L. 1901, p. 321), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3094), is hereby amended by striking from section 2 the word six and inserting in lieu thereof the word eight, so that when so amended, section 2 shall read as follows: Section 2. Be it further enacted, That the municipal government of said city of Bainbridge shall be vested in a mayor and eight aldermen who are hereby constituted a body corporate under the name and style of `The City of Bainbridge', and by that name and style shall have perpetual succession, shall have a common seal, and be capable in law and in equity to purchase, have and hold, receive and enjoy, possess and retain to them and their successors, for the use of the city of Bainbridge, any estate or estates, real or personal, of whatsoever kind or nature, and shall, by the said name of `The City of Bainbridge', be capable to sue and be sued, plead and be impleaded, in any court of law or equity in this State, and shall succeed to all the rights and liabilities of the present corporation of the city of Bainbridge. Mayor and aldermen. Page 2210 Section 2. Said Act is further amended by adding at the end of section 3 a new paragraph, to read as follows: The corporate limits of the city of Bainbridge shall also include the following property: Corporate limits. All of Land Lots 293, 296, 329, 336, 369, that portion of Land Lot 370 lying and being north of U. S. Highway No. 84, all of Land Lots 335, 330, 295, 294, 334, 331, 333, 332 and 441; all in the 15th district of Decatur County, Georgia. Section 3. Said Act is further amended by striking section 4 in its entirety and inserting in lieu thereof a new section 4, to read as follows: Section 4. Elections for mayor and aldermen shall be held on the first Wednesday in January every two years. The mayor and aldermen shall be elected for terms of four years. In the election held in January of 1958, two new aldermen shall be elected, and all candidates for such new positions must reside in the area of the city annexed thereto in the year 1957. Such new members, however, shall be elected by the voters of the entire city, as other aldermen are elected. The candidate from such area receiving the highest number of votes shall be elected for a term of four years, and the candidate from such area receiving the next highest number of votes shall be elected for a term of two years. Thereafter, such aldermen shall be elected for four year terms, as are other aldermen. At all future elections, the residence requirement provided herein for such aldermen shall not apply, and all aldermen may reside in any part of the city of Bainbridge. The terms of the mayor and present aldermen shall remain the same, and they shall be elected at the same time and in the same manner as they are now elected. Elections. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2211 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill to change the corporate limits of the City of Bainbridge; to provide that the number of councilmen for the City of Bainbridge shall be increased to eight; to provide that the two additional members of council shall be elected for a four-year term and a two-year term, and that thereafter their election shall coincide with other members of the council of the City of Bainbridge; to provide that the two additional members of council for the City of Bainbridge shall, for the first election, be required to reside in that portion of Bainbridge which is annexed by said Bill; to provide for a referendum; and for other purposes. This 22nd day of January, 1957. John L. Taylor, H. C. Cloud, Representatives, Decatur County. (Jan. 24-31Feb. 7-14) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, H. Carl Cloud, and John L. Taylor, who, on oath, depose and say that they are representatives from Decatur County, and that the attached copy of notice of intention to introduce local legislation was published in the Bainbridge Post-Searchlight which is the official organ of said county, on the following dates: January 24, January 31, February 7 and February 14, 1957. /s/ John L. Taylor, /s/ H. Carl Cloud, Representatives, Decatur County. Page 2212 Sworn to and subscribed before me this 13 day of Feb., 1957. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal). Approved February 22, 1957. COUNTY TREASURERSCOMPENSATION IN CERTAIN COUNTIES. No. 89 (House Bill No. 127). An Act to provide compensation of the county treasurer in certain counties; to provide an effective date; 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 less than 15,200 and not more than 15,900, according to the 1950 United States Census or any future such census, the county treasurer shall be compensated in the amount of $75 per month and such compensation shall be paid from the general funds of such counties. Section 2. The compensation herein provided shall be effective as of the first day of the month following approval of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved February 26, 1957. Page 2213 LAURENS COUNTY COMMISSIONERS' SALARIES. No. 93 (House Bill No. 182). An Act to amend an Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Laurens, and to define its powers, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved February 15, 1949 (Ga. L. 1949, p. 578), so as to change the compensation of the county commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create a Board of Commissioners of Roads and Revenues for the county of Laurens, and to define its powers, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved February 15, 1949 (Ga. L. 1949, p. 578), is hereby amended by striking section VIII in its entirety and in lieu thereof inserting the following: Section VIII. Each of the Commissioners of Roads and Revenues of Laurens County shall receive as compensation for his services the sum of $1800 per annum, payable $150 per month. They shall be required to give all of the time and attention necessary to adequately and efficiently perform their duties in the supervision of the road and bridge work being conducted and carried on in said county, in handling the financial affairs of said county and in the performance of their duties as is required of them by law and good business practice. Section 2. Said Act, as amended, is further amended by striking from the amendatory Act approved February 15, 1949 (Ga. L. 1949, p. 578), section II in its entirety. Section 3. The compensation provided in this Act shall be effective as of January 1, 1958. Page 2214 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 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, 1957, an Act to amend an Act entitled An Act to create a board of Commissioners of Roads and Revenues for the County of Laurens, and to define its powers, approved December 1, 1893, and all Acts and laws amendatory thereof, establishing and defining the powers, duties and functions of said board of commissioners, in and for Laurens County, making provisions for the election of said commissioners, prescribing their compensation, and for other purposes; and especially to amend the Acts approved August 17, 1911 (Ga. L. 1911, pp. 453-456), and August 16, 1915 (Ga. L. 1915, pp. 276-293), and July 28, 1925 (Ga. L. 1925, pp. 690-691), and an Act approved February 15, 1949 (Ga. L. 1949, pp. 578-581); so as to increase the compensation of each of said county commissioners from one hundred ($100.00) dollars per month to the sum of eighteen hundred ($1800.00) dollars per annum, payable one hundred fifty ($150.00) dollars per month; to fix the effective day of said Act, the repeal of all conflicting laws, and for other purposes. This 3rd day of January, 1957. /s/ Paul J. Jones, Jr. Paul J. Jones, Jr. Representative Laurens County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Jones, who, on oath, deposes and says that he is representative from Laurens County, and that the attached copy of notice of intention to introduce local legislation was Page 2215 published in the Dublin Courier Herald which is the official organ of said county, on the following dates: January 5, 12 and 19, 1957. /s/ Paul J. Jones, Jr. Representative, Laurens County. Sworn to and subscribed before me this 23 day of January, 1957. Francis W. Allen Notary Public. Approved February 26, 1957. FULTON COUNTYWATER AND SEWERAGE SYSTEMS. No. 94 (Senate Bill No. 109). An Act to amend an Act entitled An Act to authorize the board of commissioners of roads and revenues of Fulton County in this State to establish, conduct, maintain, control, reopen, repair, improve, use, protect, and discontinue outside incorporated municipalities, sewers, sewerage systems, drains, water mains, water systems, and disposal plants; to establish and maintain fire-prevention districts;... and for other purposes, approved August 9, 1929 (Ga. L. 1929, p. 621, et seq.) so as to provide that assessments for construction of water mains may be paid in ten installments; to provide the method of making assessments and the manner to be followed in the issue of executions, and the levy and sale of property thereunder; to repeal conflicting provisions; 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 authorize the board of commissioners Page 2216 of roads and revenues of Fulton County in this State to establish, conduct, maintain, control, reopen, repair, improve, use, protect, and discontinue outside incorporated municipalities, sewers, sewerage systems, drains, water mains, water systems, and disposal plants; to establish and maintain fire-prevention districts;... and for other purposes, approved August 9, 1929 (Ga. L. 1929, p. 621, et seq.) be amended as follows: 1929 Act amended. Section 1. Section 6 shall be stricken in its entirety and a new section 6 shall be inserted in lieu thereof, reading as follows: Section 6. The aforesaid board shall have power and authority by resolution to provide for the collection of all assessments for the construction of such improvements in not to exceed ten (10) installments as follows: For water not to exceed ten (10) installments, including the cash payment if any, as the board shall provide by resolution. Said installments for water shall not bear interest if payment therefor is made on or before maturity. Assessments for all other improvements provided in this Act shall be paid as follows, to wit: one-fourth () cash, and the balance in one, two and three years. Deferred payments shall bear interest at the rate of seven (7%) per cent per annum. All persons desiring to avail themselves of the installment plan on payment of assessments shall, within ten (10) days after the assessment is made, sign notes in such sum and tenor as said board shall direct, and to become due as aforesaid, together with any interest required under this section. In case any one of the installments above provided for shall fall due and remain unpaid then the county, or contractor, or any other person to whom such assessment may have been transferred, if such assessments have been transferred, shall have the right to have execution issued thereon for the full balance due thereon with interest to date, and proceed to collect the same by levy upon the property of the owner so improved, and such property shall be advertised and sold by the sheriff of the county by virtue of such execution under the same rules and regulations as govern other sheriff's sales. The Page 2217 execution shall issue in the name of the commissioners of roads and revenues but may be filed by any officer or employee of Fulton County to whom such duty is delegated by resolution of the commissioners of roads and revenues of the county. Section 2. All laws and parts of laws in conflict herewith be and the same 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 attached to enrolled copy. Approved February 26, 1957. CITY COURT OF POLK COUNTYSOLICITOR'S SALARY. No. 95 (House Bill No. 306). An Act to amend an Act of the General Assembly of Georgia approved November 18, 1901, entitled An Act to establish the City Court of Polk County, in the City of Cedartown, in and for the County of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and for other purposes, and all Acts amendatory thereof, to provide for the change in the salary of the solicitor of the City Court of Polk County and for other purposes. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Page 2218 Section 1. That section 6 of an Act entitled An Act to establish the City Court of Polk County, in the City of Cedartown, in and for the County of Polk; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof, and for other purposes, approved November 18, 1901, (Ga. L. 1901, pp. 156-164), as amended by an Act amending said law in Georgia Laws 1951, pages 3339-3344, be and the same is hereby amended by striking the figures $5,000.00 from said section and inserting in its place the figure $6,200.00 so that said section, as amended, shall read as follows: Solicitor's salary. Section 6. Be it further enacted that there shall be a solicitor of said court, who shall be appointed and commissioned by the Governor, by and with the consent of the Senate, for the term beginning January 1, 1907, and ending December 31, 1910. His successor shall be elected by the qualified electors of said county at the regular election to be held on the first Wednesday in October, 1910, at which election the Governor and other State officers and other officers shall be elected and under the same rules and regulations as to the method and manner of electing such officers, and the returns of said election as now apply according to existing laws or any Act amendatory thereof, for a term of four years; and each four years thereafter a solicitor of said court shall be elected for a like term of four years and shall be commissioned by the Governor. The returns from all such elections shall be made to the Secretary of State, who shall canvass the vote and declare the result. It shall be the duty of said solicitor to represent the State in all cases in said city court in which the State shall be a party, and shall perform therein such other duties as usually appertain to his office. He shall receive for his services the salary of $6,200.00 per annum, payable monthly, in lieu of any fees now allowed to the solicitor of said court. That Polk County shall participate in all further insolvent costs and shall share as such in all fines, forfeitures, and fees, provide further that after paying the insolvent costs of the solicitor of said city court due at the time of the passage of this Act, the share of all Page 2219 moneys arising from jury fine, fines imposed for violation of penal laws, and other fines, and collected from forfeited recognizances in said city court, which under the provisions of Section 6 of said Act approved November 18, 1901, as amended, are subject to the payment of the fees of the solicitor of said court, shall be paid into the treasury of Polk County. Section 2. There is attached hereto and made a part hereof as required by the Constitution of the State of Georgia, a certificate under oath of Joseph C. Haire, publisher of the Cedartown Standard, the newspaper in which the sheriff's advertisements of Polk County, Georgia are published certifying that the notice of intention to apply for local legislation, a copy of which is attached to said certificate, was published in the issues of said newspaper December 14, 1956, December 21, 1956 and December 28, 1956. Section 3. This Act shall become effective immediately. Section 4. 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 of intention to apply to the next session of the General Assembly of Georgia for introduction and passage of a local bill to be entitled: An Act to amend an Act of the General Assembly of Georgia approved November 18, 1901, and all Acts amendatory thereof, entitled An Act to establish a City Court of Polk County, in the City of Cedartown, in and for the County of Polk; to provide for a change in the salary of the Solicitor of the City Court of Polk County and for other purposes. Georgia, Polk County. Personally appeared before me a notary public, of said county, the undersigned, Joseph C. Haire, who on Page 2220 oath says that he is the publisher of the Cedartown Standard, a newspaper published in the City of Cedartown, being of general circulation and being the legal organ for the County of Polk, who certifies that the above and foregoing legal notice is a true copy of intention to apply for local legislation which was duly published once a week for three weeks as required by law; said dates of publication being December 14, 21 and 28, 1956. /s/ Joseph C. Haire, Publisher, Cedartown Standard. Sworn to and subscribed before me this 19 day of January, 1957. /s/ Frances Pilgrim Notary Public, Polk County, Georgia. Approved February 26, 1957. CHARTER OF CITY OF ROBERTA AMENDED. No. 96 (House Bill No. 290). An Act to amend an Act creating a new charter for the City of Roberta, approved December 10, 1937 (Ga. L. Ex. Sess. 1937-38, p. 1273, et seq.), as amended; to strike and repeal section 4 of said charter, which section provides for the election and terms of office of the mayor and aldermen of said city; to substitute for said stricken and repealed section 4 a new section 4, providing for the election and terms of office of the mayor and aldermen of said city; 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 the same, as follows: Section 1. That the Act approved December 10th, Page 2221 1937, (Ga. L. Ex. Sess. 1937-38, p. 1273 et seq.) creating a new charter for the City of Roberta, as amended, be and the same is hereby amended by striking from said Act section 4 thereof, which section provides for the election and terms of office of the mayor and aldermen of said city, and by repealing said section 4 in its entirety. Section 2. Be it further enacted by the authority aforesaid, that a new section is hereby enacted in lieu of section 4 as hereinabove stricken and repealed, and said new section, which likewise shall be known and designated as section 4 of the charter of the City of Roberta, as amended, and which is substituted for the stricken and repealed section 4, shall be as follows: Section 4. Election and Length of Terms of Office of the Mayor and Aldermen. On the first Wednesday in December, 1958, an election shall be held in the City of Roberta, at which election a mayor and five (5) aldermen shall be elected who shall take office on January 1st, next thereafter. The candidate for mayor and the two candidates for aldermen receiving the highest number of votes cast in said election for candidates for said respective offices shall each serve for a term of two years, and until their successors are duly elected and qualified; and the three candidates for aldermen receiving the next highest number of votes cast in said election for candidates for that office, shall each serve for a term of one year, and until their successors are duly elected and qualified. On the first Wednesday in December, 1959, and biennially thereafter, an election shall be held in said city at which election three (3) aldermen shall be elected and they shall take office on January 1st, next thereafter, and each shall hold office for a term of two years. On the first Wednesday in December, 1960, and biennially thereafter, an election shall be held in said city, at which election a mayor and two (2) aldermen shall be elected, and they shall take office on January 1st, next thereafter, and each shall hold his respective office for a term of two years. All officers elected for full terms in all elections held beginning the Page 2222 first Wednesday in December, 1959, shall hold office for a term of two years, and until their successors are duly elected and qualified. Election and terms of mayor and alderman. Each candidate in such election shall file with the clerk of said city, at least ten days before the election, a written and signed notice of his intention to offer as a candidate for election, and the office for which he offers, at which time each candidate for mayor shall pay to the clerk the sum of five dollars, as a qualifying fee, and each candidate for alderman shall pay to the clerk, as a qualifying fee, the sum of one dollar. The clerk shall keep a written record of such qualifications and payments. No person shall be qualified as a candidate in any election who has not complied with the requirements for qualification as herein set forth. The clerk of said city, under the direction of the mayor and aldermen, shall have official ballots prepared for elections, and no other ballots shall be used or be legal. 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. /s/ W. T. Jones W. T. Jones, Representative, Crawford County. 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 clipping is a true and correct copy of the notice entitled Notice of Intention to Apply for Local Legislation for the City of Page 2223 Roberta, which was duly published in the aforesaid newspaper once a week for three consecutive weeks, to wit, January 10th, 17th and 24th, 1957. /s/ Mrs. Alton C. Moncrief. Mrs. Alton C. Moncrief. Sworn to and subscribed before me, this 28 day of January, 1957. /s/ W. D. Aultman, Notary Public, Peach County, Ga. (Seal). Notice of Intention to Apply for Local Legislation for the City of Roberta. Notice is hereby given that there will be introduced at the regular 1957 session of the Georgia General Assembly a bill to amend the charter of the City of Roberta to change the terms of office and dates of election of the mayor and aldermen of said city; and to provide for the election of a mayor and five aldermen in December, 1958, the mayor and the two aldermen receiving the highest number of votes cast to serve for a term of two years each, and the three aldermen receiving the next highest number of votes cast to serve for a term of one year each; and further to provide for an election in December, 1959, and biennially thereafter, to elect three aldermen, and for an election in December, 1960, and biennially thereafter, to elect a mayor and two aldermen for said city. This 7th day of January, 1957. W. T. Jones, Representative, Crawford County, Georgia. Approved February 26, 1957. Page 2224 JUVENILE COURT OF GLYNN COUNTYJUDGE'S SALARY. No. 97 (House Bill No. 279). An Act to increase the salary paid to the Judge of the Juvenile Court of Glynn County, Georgia; to provide for the payment of said salary; to repeal all laws in conflict with the provisions of this Act; 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. Be it enacted by the authority aforesaid, that the salary of the Judge of the Juvenile Court of Glynn County be and is hereby increased $1800.00 per annum, thereby making the annual salary of said judge the sum of $3600.00. Judge's salary. Section 2. Be it further enacted by the authority aforesaid that said annual salary shall be paid to the judge of the juvenile court by the Commissioners of Roads and Revenue of Glynn County, Georgia in twelve equal monthly installments out of the treasury of said Glynn County. Same, payment. Section 3. Be it further enacted by the authority aforesaid that this Act shall be effective upon the passage and approval of same by the Governor of the State of Georgia. Effective date. Section 4. 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. Section 5. Notice of intention to apply for the passage and approval of this Act has been published in the Brunswick News the newspaper in which sheriff's advertisements of Glynn County are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. Page 2225 Attached hereto and made a part of this Act is a copy of said notice, certified by the publisher of said newspaper as provided by law. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the January, 1957, session of the General Assembly of Georgia, which convenes on January 14, 1957, a bill to be entitled An Act to increase the salary paid to the Judge of the Juvenile Court of Glynn County and for other purposes. This January 11, 1957. J. D. Gould, Senator 4th District. C. L. Gowen, William R. Killian, Representatives of Glynn County, Georgia. 1/12-19-26. State of Georgia, County of Glynn. Personally appeared before the undersigned, an officer duly authorized by law to administer oath, C. H. Leavy, Jr., who, being duly sworn, deposes and says on oath that he is publisher of the Brunswick News, the newspaper in which sheriff's advertisements are published in Glynn County, Georgia, and does hereby certify that the foregoing advertisement of notice of intention to apply for local legislation was published in the Brunswick News on the following dates: January 12, 1957, January 19, 1957 and January 26, 1957. This the 26th day of January, 1957. /s/ C. H. Leavy, Jr. Page 2226 Sworn to and subscribed before me, this the 26th day of January, 1957. /s/ Mildred P. Parker, Notary Public, Glynn County, Georgia. (Seal). Approved February 26, 1957. EMANUEL COUNTYTAX COMMISSIONER. No. 98 (House Bill No. 323). An Act to amend an Act creating the office of Tax Commissioner of Emanuel County, approved March 9, 1943 (Ga. L. 1943, p. 961), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2644), so as to change the compensation payable to the tax commissioner for the purpose of paying a clerk in the office of said 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 Emanuel County, approved March 9, 1943 (Ga. L. 1943, p. 961), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2644), is hereby amended by striking subsection 10(a) of section 10 in its entirety and inserting in lieu thereof a new subsection 10(a) of section 10 to read as follows: 10(a). Be it further enacted by the authority aforesaid that the tax commissioner shall receive a monthly sum of $200.00 additional compensation, for the purpose of paying a clerk in the office of said tax commissioner. Said additional compensation shall be paid by the treasurer of Emanuel County to the tax commissioner as his other compensation is now paid. Page 2227 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, 1957 session of the General Assembly of Georgia a bill to change the compensation of the clerk of the tax commissioner of Emanuel County; and for other purposes. This 14th day of January, 1957. Geo. L. Smith, II, Representative, Emanuel County, Ga. J.-17, 24, 31. Georgia, Emanuel County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Geo. L. Smith, II, who, on oath, deposes and says that he is representative from Emanuel County, and that the attached copy of notice of intention to introduce local legislation was published in the Swainsboro Forest Blade which is the official organ of said county, on the following dates: January 17, 1957; January 24, 1957 and January 31, 1957. /s/ Geo. L. Smith, II, Representative, Emanuel County. Sworn to and subscribed before me, this 2nd day of February, 1957. /s/ Florrie Mae Peebles, Notary Public. Notary Public, Georgia, Emanuel County. My Commission Expires May 27, 1960. (Seal). Approved February 26, 1957. Page 2228 ORDINARY, CLAYTON COUNTYSALARY. No. 101 (House Bill No. 220). An Act to amend an Act placing the Ordinary of Clayton County on a salary system in lieu of a fee system, approved February 7, 1950 (Ga. L. 1950, p. 2068), so as to change the compensation of the ordinary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Ordinary of Clayton County on a salary system in lieu of a fee system, approved February 7, 1950 (Ga. L. 1950, p. 2068), 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. The salary herein provided for the ordinary shall be his full and complete compensation, and all fees or other emoluments now or here after allowed shall, except as herein otherwise provided, be county funds and accountable as such, except costs as provided in an Act relating to jurisdiction of misdemeanor traffic cases, approved February 16, 1938 (Ga. L. 1937-38, Ex. Sess., p. 558), as amended. The salary of said ordinary shall be $5,000.00 per annum, payable in equal monthly installments from the funds of Clayton County. All funds collected from any source whatsoever under color of said office shall be county funds, except as herein provided. 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 there will be introduced at the January 1957 session of the General Assembly of Georgia a bill relating to the compensation and allowances of the Ordinary of Clayton County. Page 2229 This December 1, 1956. /s/ Frank Adamson, Frank Adamson, Ordinary, Clayton County. Notice of Intention to Apply for Local Legislation. GeorgiaClayton County. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill relating to the compensation and allowance of the Ordinary of Clayton County. This December 1, 1956. Frank Adamson, Ordinary. 2-19 Personally appeared before the undersigned authority authorized to administer oaths, Jack Troy, who being duly sworn on oath says that he is the editor of the Clayton County News Farmer and Forest Park Free Press, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: December 5, 1956; December 12, 1956 and December 19, 1956. This January 2, 1957. /s/ Jack Troy Jack Troy. Sworn to and subscribed before me, this 2nd day of Jan., 1957. /s/ Mary B. Edwards, Notary Public, Clayton County, Ga. Notary Public, Georgia, State at Large. My Commission Expires Aug. 28, 1959. (Seal). Approved February 26, 1957. Page 2230 CITY OF EASTMAN CHARTER AMENDED. No. 102 (House Bill No. 277). An Act to amend the charter of the City of Eastman; to amend that certain Act of the General Assembly as found in the Act of the General Assembly of Georgia, 1921, page 883 et seq. approved August 6, 1921, by adding a new section thereto to be known as section 68A so as to authorize the levying of an ad valorem tax for current annual expenses of the City of Eastman not to exceed ten mills; to amend said Act as amended by that certain Act of the General Assembly of Georgia, Acts of the General Assembly of Georgia, 1935, page 1063 et seq. approved March 15, 1935, by striking section 5 of the Act of 1921 in its entirety and section 1 of the Act of 1935, in its entirety and to substitute a new section to be known as section 5 of the Act of 1921 so as require candidates for the office of councilmen of the City of Eastman to file notice of their candidacy fifteen days before the date of the election; 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 certain Act of the General Assembly of Georgia approved August 6, 1921, which creates a new charter for the City of Eastman as found in the Acts of the General Assembly of Georgia, 1921, page 883 et seq., be and the same is hereby amended by adding thereto a new section to be known as section 68A and to read as follows: Section 68A. Be it enacted by the authority of the General Assembly of Georgia that the council of the City of Eastman 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 the City of Eastman, said tax not to exceed ten mills on the dollar for current annual expenses. Ad valorem tax. Section 2. Be it further enacted by the authority of Page 2231 the General Assembly of Georgia that that certain Act of the General Assembly of Georgia approved August 6, 1921, which creates a new charter for the City of Eastman as found in the Acts of the General Assembly of Georgia, 1921, page 883 et seq., as amended by that certain Act known as Eastman Election Candidates approved March 15, 1935, as found in the Acts of the General Assembly of Georgia, 1935, page 1063 et seq., be and the same is hereby amended by striking section 5 in its entirety of said 1921 Act and section 1 in its entirety in said 1935 Act and substituting in lieu thereof a new section to read as follows, to-wit: Section 5. On the third Wednesday in November, 1921, there shall be held an election for five councilmen; they shall hold office for and during a period of two years from January 1, 1922, except as hereinafter provided. Said councilmen first elected shall serve, two for a term of one year, and three for a term of two years, and said councilmen so affected shall determine by lot the respective terms that they shall serve, and thereafter, on the third Wednesday in each November of each year there shall be elected three councilmen or two councilmen (as the case may be) to succeed those councilmen whose term of office expired that year. The election herein provided for on the third Wednesday in November, 1921, shall be held and conducted under the management and control of the mayor and council of the City of Eastman under the laws now governing elections held in the City of Eastman subject to any provisions of this Act. Should a vacancy occur in the council, by resignation or otherwise, the remaining members of the council shall elect some fit and proper person to serve in his place and such person so selected shall serve only until the next regular election, at which time in addition to the election of councilmen to succeed the councilmen whose term will expire that year, an additional councilman will be elected to fill said unexpired term. Election of councilmen. Provided that all candidates or all persons who desire to become candidates for the office of councilmen, shall be registered qualified voters of the City of Eastman, Page 2232 and shall be required to file notice of their candidacy with the clerk of the council at least fifteen (15) days before the date for holding the election, which notice shall be filed by noon fifteenth (15th) days preceding the election, and at the time of filing said notice such candidate shall deposit with said clerk the sum of five ($5.00) dollars to be used to defray the expense of holding said election, and no candidate or person shall be declared elected or hold office of councilman who fails to comply with these provisions. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Local Legislation. At the request of the council of the City of Eastman, notice is hereby given that there will be introduced at the 1957 session of the General Assembly of Georgia, convening in January, 1957, a bill amending the charter of the City of Eastman so as to require candidates for the post of councilman to file notice of his candidacy fifteen days before the city general election, so as to conform with the general state law, and for the additional purpose of authorizing the levying of an ad valorem tax by the City of Eastman not to exceed ten mills in the discretion of the Council; and for other purposes. This January 5, 1957. R. T. Wright, Representative, Dodge County, Ga. (1-9-3tc) Georgia Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Wright, who, on oath, deposes and says that he is representative from Dodge County, and that the attached copy of notice of intention to introduce local legislation was Page 2233 published in The Eastman Times-Journal which is the official organ of said county, on the following dates: January 9, 1957; January 16, 1957; January 23, 1957. /s/ R. T. Wright, Representative, Dodge County. Sworn to and subscribed before me this 30 day of Jan. 1957. /s/ D. W. Wells Notary Public. Approved February 26, 1957. CITY OF HANGANCHARTER AMENDED. No. 104 (House Bill No. 216). An Act to amend an Act incorporating the City of Hagan, approved August 21, 1906 (Ga. L. 1906, p. 777), as amended by an Act approved August 3, 1910 (Ga. L. 1910, p. 755), so as to provide for two-year terms for the mayor and members of council; to provide for stagered terms; to provide for designated positions for members of council; to remove certain provisions relating to Tattnall County to amend said Act so that it will show that the City of Hagan is located in Evans County; 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 Hagan, approved August 21, 1906 (Ga. L. 1906, p. 777), as amended by an Act approved August 3, 1910 (Ga. 1910, p. 755), is hereby amended by striking in its entirety section 5, and inserting in lieu thereof a new section 5, to read as follows: Page 2234 Section 5. Be it enacted by the authority aforesaid, that on the second Monday in December, 1957, an election shall be held for a mayor and five councilmen. There are hereby created five positions for the council of the City of Hagan, to be designated as Post No. 1, Post No. 2, Post No. 3, Post No. 4, and Post No. 5. Beginning with the election in 1957 and at all future elections, candidates for council shall designate the post for which they desire to offer. In the election in 1957, the mayor and the councilmen for Post No. 1 and Post No. 2 shall be elected for a term of one year and until their successors are elected and qualified, and the councilmen for Post No. 3, Post No. 4 and Post No. 5 shall be elected for a term of two years and until their successors are elected and qualified. Thereafter, the mayor and all councilmen shall be elected for a term of two years and until their successors are elected and qualified. All future elections shall likewise be held on the second Monday in December of each year. Election of mayor and councilmen. Section 2. Said Act is further amended by striking from section 7 the figure 1906 and inserting in lieu thereof the figure 1957, so that when so amended, section 7 shall read as follows: Section 7. Be it enacted by the authority aforesaid, that the mayor and councilmen elected on the second Monday in December, 1957, shall be inducted into office on the first day of January after their election, except where the first day of January comes on Sunday, in which event said officers shall be installed on the second day of January after their election, and their successors shall likewise enter upon their duties either as mayor or councilmen on the first day of January after their election on the second Monday in December, as provided above. The mayor before entering upon the discharge of the duties of his office shall take and prescribe the following oath before an officer in Georgia authorized by law to administer oaths, to wit: `I (A. B.), do solemnly swear that I will, to the utmost of my ability, discharge the duties of mayor of the city of Hagan during my continuance in office; so help me God.' A councilman before Page 2235 entering upon the discharge of the duties of his office shall take and prescribe the following oath before any officer in Georgia authorized by law to administer oaths, to wit: `I (A. B.), do solemnly swear that I will to the utmost of my ability discharge the duties of councilman of the city of Hagan during my continuance in office; so help me God.' Same. Section 3. Said Act is further amended by striking from section 15 the words of the county of Tattnall, so that when so amended, section 15 shall read as follows: Section 15. Be it further enacted by the authority aforesaid, that at the first regular meeting each year of the new city council they shall elect some competent attorney as city attorney, to hold his office for one year, until his successor is elected and qualified. He shall, when requested, attend all meetings of the city council, give, when requested, his legal opinion to the mayor or city council or the head of any of the city departments on any official matter, represent the prosecution in any matter in the police court when requested to do so by the mayor or other presiding officer of the police court; to make an annual report to council of his official acts and doings, and to perform such other duties incident to his office as may be required of him by the proper authorities. Section 4. Said Act is further amended by striking, wherever it appears in said Act, the word Tattnall, where such word is used to indicate that the city of Hagan is in the county of Tattnall, and inserting in lieu thereof the word Evans, so that said Act will then show that the city of Hagan is in the county of Evans. 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 it is my intention to introduce in the 1957 session of the General Assembly of Page 2236 Georgia, a bill amending the charter of the city of Hagan, so as to change the terms of office of the mayor and councilmen, to change the tax rate and for other purposes, this 7th day of January, 1957. W. L. Adams Representative. 12c. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. L. Adams, who, on oath, deposes and says that he is representative from Evans County, and that the attached copy of notice of intention to introduce local legislation was published in The Claxton Enterprise, which is the official organ of said county, on the following dates: January 10, 17 and 24, 1957. /s/ W. L. Adams Representative, Evans County. Sworn to and subscribed before me this 29th day of January, 1957. /s/ Francis W. Allen Notary Public Georgia, Bulloch County. Approved February 26, 1957. FLOYD COUNTY TAX COMMISSIONER. No. 107 (House Bill No. 254). An Act to amend an Act entitled An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of county tax commissioner of Floyd County, Georgia; to fix the term of office of county tax commissioner; to fix the compensation of the county tax commissioner by providing a Page 2237 minimum and maximum salary, with the county board of roads and revenues (county commissioners) in the aforesaid county fixing said salary between the minimum and maximum sums stipulated herein, and to provide for deputies and clerks for said tax commissioner, and fixing their compensation as stipulated herein; to provide that the laws as to tax receiver and tax collector shall be of full force and effect as to county tax commissioner as far as the same are applicable; to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect; to provide that all fees, commissions, and other compensation of the tax receiver and tax collector shall be paid into the depository of Folyd County Georgia; to provide for the election of county tax commissioner of Floyd County, Georgia, and the method of filling vacancies; to provide for putting into effect in Floyd County, Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six; to provide that each and all the provisions herein contained relative to county tax commissioner shall become effective January 1, 1953; to provide for holding a general election in the fall of 1952; To carry out the provisions of this Act; to provide for ratification or rejection of this Act by the qualified voters of Floyd County, Georgia; and for other purposes, approved February 17, 1950 (Ga. L. 1950, p. 2749, et seq.), and all Acts amendatory thereto, by striking therefrom all of section 9 of said Act, and inserting in lieu thereof a new section providing for the employment of deputy tax commissioners and clerks, and the fixing of their compensation; repealing all laws and parts of laws in conflict therewith; and for other purposes. Section 1. Be it and it is hereby enacted by authority of the General Assembly of Georgia that an Act entitled An Act to abolish the offices of tax receiver and tax collector, and to create in lieu of the same the office of county tax commissioner of Floyd County, Georgia; to fix the term of office of county tax commissioner; to fix the compensation of the county tax commissioner by providing a minimum and maximum salary, with the Page 2238 county board of roads and revenues (county commissioners) in the aforesaid county fixing said salary between the minimum and maximum sums stipulated herein, and to provide for deputies and clerks for said tax commissioner, and fixing their compensation as stipulated herein: to provide that the laws as to tax receiver and tax collector shall be of full force and effect as to county tax commissioner as far as the same are applicable: to provide that all taxes now due and all fi. fas. heretofore issued shall have full force and effect; to provide that all fees, commissioners, and other compensation of the tax receiver and tax collector shall be paid into the depository of Floyd County, Georgia; to provide for the election of county tax commissioner of Floyd County, Georgia, and the method of filling vacancies; to provide for putting into effect in Floyd County, Georgia, the Constitution of this State as contained in Article Eleven, Section One, Paragraph Six; to provide that each and all the provisions herein contained relative to county tax commissioner shall become effective January 1, 1953; to provide for holding a general election in the fall of 1952; to carry out the provisions of this Act; to provide for ratification or rejection of this Act by the qualified voters of Floyd County, Georgia; and for other purposes, approved February 17, 1950 (Ga. L. 1950, p. 2749, et seq.), and all Acts amendatory thereto, are amended as follows: (a) By striking therefrom all of section 7 and inserting in lieu thereof the following: Section 7. The County Tax Commissioner of Floyd County shall be paid a salary of $7,700.00 per annum. Salary. (b) By striking therefrom all of section 9 and inserting in lieu thereof the following: Section 9. Be it further enacted by the authority aforesaid, that the county tax commissioner shall be authorized to employ to serve at the pleasure of said county tax commissioner and to perform such duties as may be assigned by him, the following: one chief deputy Page 2239 tax commissioner, whose compensation shall be not more than $5,500.00 per annum, and one senior deputy tax commissioner, whose compensation shall be not more than $3,600.00 per annum, two junior deputy tax commissioners, whose compensation shall be not more than $3,000.00 per annum, and one clerk, whose compensation shall be not more than $2,700.00 per annum, and said county tax commissioner my at his discretion employ not more than two additional part-time clerks, whose total combined compensation per annum shall not exceed $3,500.00. Said salaries shall be payable monthly out of the general funds of the county. Employees. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. No. 296. Notice of Local Legislation. Notice is hereby given of intention to apply for the enactment of a local and special bill at the next meeting of the General Assembly of Georgia, which convenes in January, 1957, to amend the Act to create the office of tax commissioner of Floyd County, Georgia, and for other purposes, approved February 17, 1950 (Ga. L. 1950, p. 2749 et. seq.), and all acts amendatory thereto, so as to increase the number of deputy tax commissioners authorized, to provide for their compensation, and to increase the maximum limit of the salaries of the deputies and clerks of said tax commissioner, and for other related purposes. Jan. 4, 11, 18. Georgia, Fulton 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 once a week for Page 2240 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, 1957. /s/ Janette Hirsch Notary Public, State of Georgia. Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Approved February 26, 1957. FLOYD COUNTY COMMISSIONERSMEETINGS. No. 108 (House Bill No. 298). An Act to provide for the regular meeting time of the Board of Commissioners of Roads and Revenue of Floyd County, Georgia; to authorize the holding of special meetings of said board, and provide for the business which may be transacted thereat; 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: Section 1. Be it and it is hereby enacted by the General Assembly of the State of Georgia that, from and after the approval of this Act, the regular meeting time of the Board of Commissioners of Roads and Revenue of Floyd County, Georgia, shall be on the first Thursday in each month and on the third Wednesday in each month, at such hour as may be set by resolution of such Board from time to time. Dates of regular meetings. Page 2241 Section 2. Be it and it is hereby further enacted by said authority that said board may hold special meetings at any reasonable time or times and from time to time at the call of the chairman of said board or vice-chairman of said board, and that any business may be transacted at such special meetings which may be transacted at regular meetings of such board; and that such special meetings shall be open and public. Special meetings. Section 3. Be it and it is hereby further enacted by said authority that all laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given of intention to apply for the enactment of a local and special bill at the next meeting of the General Assembly of Georgia, which convenes in January, 1957, to provide for a regular meeting time and for the holding of special meetings of the Board of Commissioners of Roads and Revenue of Floyd County, Georgia; to repeal all Acts or parts of Acts in conflict therewith; and for other related purposes. Jan. 4, 11, 18. Georgia, Fulton 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 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. Page 2242 Sworn to and subbscribed before me, this 31 day of January, 1957. /s/ Janette Hirsch Notary Public, State of Georgia. (Seal). Approved February 26, 1957. BULLOCH COUNTY TAX COMMISSIONER. No. 109 (House Bill No. 273). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3058), so as to change the compensation allowed for clerical help of the tax commissioner; to remove the provisions relating to the payment of the bond premium; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of tax receiver and tax collector of Bulloch County into the one office of tax commissioner of Bulloch County, approved March 24, 1937 (Ga. L. 1937, p. 1261), as amended, particularly by an Act approved March 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3058), 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. The tax commissioner shall be compensated in the amount of $4,800.00 per annum, payable in equal monthly installments from the funds of Bulloch County. This shall be full compensation for all duties performed by him as receiver and collector of county, Page 2243 school district, school, school bond and all similar taxes. Such compensation shall be in lieu of all fees received and collected by the tax commissioner, and such fees shall be the property and funds of the county and shall be turned over to the county by the tax commissioner. The tax commissioner shall also receive the sum of $2,500.00 per annum, to be paid in equal monthly installments, for the purpose of compensating clerical help. The tax commissioner is hereby given the full right to select such clerical help. He shall also receive, in the discretion of the Board of Commissioners of Roads and Revenues of Bulloch County, an amount not to exceed $500.00 in any one calendar year, for the purpose of compensating extra or seasonable clerical help. The tax commissioner is hereby given the full right to select such help. Tax commissioner's salary, employees. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Bulloch County. Personally appeared before the undersigned attesting officer, duly authorized under the laws of the State of Georgia to administer oaths, Leodel Coleman, who, being duly sworn, upon oath says that he is the editor and publisher of the Bulloch Herald, a newspaper having general circulation in Bulloch County, Georgia, and being a newspaper in which the sheriff of said county publishes his official notices, and further, that the attached notice of intention to introduce local legislation was published in said newspaper on January 10th, 17th, and 24th, 1957, in the manner and form shown in the attached Exhibit A. /s/ Leodel Coleman Leodel Coleman Sworn to and subscribed before me, this January 26th, 1957. /s/ Wm. J. Neville Notary Public, Georgia, State at Large. (Seal). Page 2244 Exhibit A Notice. To the People of Bulloch County. You are hereby notified that, we, the undersigned State representatives of Bulloch County, Georgia, will introduce a bill in the 1957 session of the General Assembly of Georgia, providing for an increase in the compensation of the deputy tax commissioner of Bulloch County, Georgia, and for means of payment thereof, all effective January 1, 1957, and for other purposes. This January 8, 1957. /s/ Wiley B. Fordham and Francis W. Allen, State Representatives from Bulloch County, Georgia, House of Representatives, General Assembly of Georgia. 1-24-3t c (10). JN. Approved February 26, 1957. WEBSTER COUNTY COMMISSIONER'S SALARY. No. 112 (House Bill No. 305). An Act to amend an Act creating the office of Commissioner of Roads and Revenue for the County of Webster, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 2257), to change the salary of such commissioner; to repeal conflicting laws; and for other purposes. Page 2245 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Roads and Revenue for the County of Webster, approved August 27, 1931 (Ga. L. 1931, p. 597), as amended, particularly by an Act approved February 5, 1951 (Ga. L. 1951, p. 2257), is amended by striking from section 9 of said Act, the words and figures eighteen hundred ($1800.00) dollars per annum to be paid at the rate of one hundred and fifty ($150.00) dollars per month, and inserting in lieu thereof the words and figures twenty-five hundred ($2500.00) dollars per annum, to be paid insofar as practicable, in equal monthly payments, so that said section, as amended hereby, shall read as follows: Section 9. Be it further enacted by the authority aforesaid that the compensation of said commissioner shall be twenty-five hundred ($2500.00) dollars per annum, to be paid insofar as practicable in equal monthly payments at the end of each calendar month; said salary so fixed shall include all expenses incurred by said commissioner in connection with this supervision of the work and affairs of the county, provided said commissioner shall be entitled to reimbursement for actual expenses while traveling on county business outside of the county in an amount not exceeding forty ($40.00) dollars per month, which said amount shall not accumulate but shall be limited for each month, and shall be paid on an itemized statement thereof at the end of the month; it being expressly provided that he shall not maintain or operate a car at the expense of the county. Said commissioner shall employ a clerk whose compensation shall be fifty ($50.00) dollars per month, and it shall be the duty of the clerk to keep the book of minutes of the court of the commissioner, to keep a systematic file of all accounts, invoices and claims paid by the county, to keep an accurate stub-book of all warrants issued, to keep a ledger showing the financial condition of the county at all times which said ledger shall be posted daily and balanced daily and along with the other records of the commissioner's office be open to public inspection, and to do Page 2246 such other acts and things as are usually required of a clerk. Section 2. This Act shall be effective at the time of its approval or at the time that the Webster County Grand Jury, at the January 1957 term of the Superior Court of Webster County shall recommend the salary increase provided by this Act, whichever date shall be later. In the event such grand jury does not so recommend, this Act shall be of no effect. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Webster County, Georgia: In accordance with the recommendation of the Webster County Grand Jury in session in July, 1956 the people of Webster County are hereby advised that it is my intention to introduce legislation in the coming session of the 1957 General Assembly of Georgia, as follows: (1) To increase the salary of the county commissioner from $1,800.00 to $2,500.00 per year, and; (2) To increase the salary of the county tax commissioner from $1,500.00 to $2,000.00 per year, and; The legislation affecting these salary increases will be subject to a further (and second) recommendation by the Webster County Grand Jury, in session, January, 1957. Publication of these proposed measures is in compliance with Georgia Laws which require publication of the intention to introduce local legislation in the official organ of the county prior to taking such action. J. Lucius Black, Representative Webster County. Page 2247 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Lucius Black, who, on oath, deposes and says that he is representative from Webster County, and that the attached copy of notice to introduce local legislation was published in the Stewart-Webster Journal which is the official organ of said county, on the following dates: January 10, 17, 24, and 31, 1957. /s/ J. Lucius Black Representative, Webster County. Sworn to and subscribed before me this 4 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved February 26, 1957. COLLEGE PARK CHARTER AMENDED. No. 113 (House Bill No. 361). 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 Page 2248 Georgia, and it is hereby enacted by authority of the same: Section 1. 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. L. 1895), as amended is hereby further amended by adding at the end of section XI of said Act of December 16, 1895, the following: Said mayor pro tem shall, in case of death of the mayor, act as mayor of said city and have the authority to discharge all the duties of mayor, until the election and qualification of a mayor. Said election of a mayor shall take place in the next regular general election of said city provided the next regular general election takes place within 60 days of the death of a mayor; otherwise said election of a mayor shall take place by special election which shall be called by the councilmen within 60 days of the death of the mayor. In the event a new mayor is elected in a general election he shall not qualify until January 1 following said general election and the mayor pro tem shall continue to act as mayor until said January 1. In the event a mayor is elected by special election he shall qualify immediately and take over the duties of mayor for the balance of the term of the mayor whose death necessitated the special election. Mayor Pro-tem. Section 2. 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, Page 2249 to the effect that said notices have 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. 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 she is the treasurer of the 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 19th day of December, 1956, and once each week for 5 consecutive weeks as provided by law. /s/ A. M. Kempton. Subscribed and sworn to before me, this 28th day of Jan. 1957. /s/ Frank Kempton (Notary Seal). 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 General Assembly of Georgia, convening in January, 1957, 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 such 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 Page 2250 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 13, 1956. City of College Park By: Henry G. Crawford City Attorney 912 N.W. Main Street, College Park, Georgia. Dec. 19, 26, Jan. 2, 9 tfn. Publisher's Affidavit. 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, 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 19th day of December, 1956, and once each week thereafter for three consecutive weeks as provided by law. /s/ Jack Troy. Subscribed and sworn to before me this 24th day of Jan. 1957. /s/ Margaret H. Durham Notary Public, Clayton County, Georgia My Commission expires June 26, 1960. (Seal). Page 2251 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 General Assembly of Georgia, convening in January, 1957, 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 such 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 13, 1956. City of College Park By: Henry G. Crawford City Attorney 912 N.W. Main Street College Park, Georgia. 1-9 Approved February 26, 1957. CRIMINAL COURT OF FULTON COUNTY. JUDGES' AND SOLICITOR'S SALARIES. No. 114 (House Bill No. 548). 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 further amended by an Act Page 2252 approved January 27, 1951, and an Act approved March 6, 1956, and other acts amendatory thereof, so as to adjust and fix the salaries of the judges and the solicitor-general of the Criminal Court of Fulton 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: Section 1. The act establishing the Criminal Court of Atlanta, approved September 6, 1891, and the Act amending said Act approved February 23, 1935, and the Act amending said Act approved March 28, 1935, and as further amended by an Act approved January 27, 1951, and by an Act approved March 6, 1956, and other acts amendatory to said Act establishing the Criminal Court of Atlanta, be and the same is hereby amended by providing as follows: From and after the passage of this Act the annual salaries of the judges and the solicitor-general of said court shall be fourteen thousand four hundred dollars ($14,400.00) each, payable monthly out of the treasury of Fulton County in equal monthly installments beginning as of January 1, 1957. Judges' and solicitor's salaries. Section 2. 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 that all 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 Page 2253 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 18, 25 days of December, 1956, and on the 1, 8, 15 days of January, 1957. As provided by law. Frank Kempton /s/ Subscribed and sworn to before me this 21st day of January, 1957. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia My Commission expires March 8, 1958. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1957 General Assembly, which convenes on Monday, January 14, 1957, for the passage of local legislation to amend the act entitled: An Act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an act establishing the City Court of Atlanta, passed December 15, 1871, and acts amendatory thereof, and for other purposes (Ga. L. 1890-91, Vol. 2, p. 935) and the several acts amendatory thereof. This legislation may contain any matter germane to said act, as amended. J. Ralph McClelland, Jr., Representative Fulton County. Dec. 18 25 Jan 1 8tfn. Approved February 26, 1957. Page 2254 CRIMINAL COURT OF FULTON COUNTYSALARY OF ASSISTANT SOLICITORS-GENERAL. No. 116 (House Bill No. 544). 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 further amended by an Act approved February 7, 1950, also as amended by an Act approved January 27, 1951, also as amended by an Act approved February 1, 1951, and other amendatory Acts thereof, so as to increase and fix the annual salaries of the first assistant solicitor-general of the Criminal Court of Fulton County and of each of the assistant solicitors-general of the Criminal Court of Fulton County; 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: Section 1. There shall be a first assistant solicitor-general of the Criminal Court of Fulton County, who shall be appointed by the solicitor-general of said court and shall serve at his pleasure. The first assistant solicitor general shall receive a salary of $9,000.00 per annum, payable in equal monthly installments out of the treasury of Fulton County. Section 2. There shall be three (3) assistant solicitors-general of the Criminal Court of Fulton County in addition to the first assistant solicitor-general who shall be appointed by the solicitor-general of said court and shall serve at his pleasure. Each of said assistant solicitors-general shall receive an annual salary of not less than $6,000.00 and not more than $8,200.00 as fixed by the solicitor-general of said court, which salary shall be payable in equal monthly payments out of the treasury of Fulton County. Page 2255 Section 3. The Board of Commissioners of Roads and Revenues of Fulton County, Georgia, or such other board or persons as may from time to time exercise the administrative powers of Fulton County, shall pay to the first assistant solicitor-general the sum of $9,000.00 per annum, and to each of the three (3) assistant solicitors-general of said court the sum fixed as annual salary by the solicitor-general of said court, which sum shall be not less than $6,000.00 and not more than $8,200.00 per annum, as provided in section 2 of this Act and beginning as of January 1, 1957. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Section 5. 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 that all of the requirements of law relating to 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, 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 18, 25 days of December, 1956, and on the 1, 8, 15 days of January 1957 as provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 21st day of January, 1957. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia My Commission expires March 8, 1958. (Seal). Page 2256 Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the 1957 General Assembly, which convenes on Monday, January 14, 1957, for the passage of the local legislation to amend the act entitled: An act to establish the Criminal Court of Atlanta and in pursuance thereof to amend an act establishing the City Court of Atlanta, passed December 15, 1871, and acts amendatory thereof, and for other purposes (Ga. L. 1890-91, Vol. 2, p. 935) and the several acts amendatory thereof. This legislation may contain any matter germane to said act, as amended. J. Ralph McClelland, Jr. Representative, Fulton County. Dec. 18 25 Jan. 1 8tfn. Approved February 26, 1957. CITY OF COLUMBUS CHARTER AMENDED. No. 121 (House Bill No. 189). An Act to amend an Act approved the 5th day of August, 1921, 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 commission-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; this present Act amending section eight (8) of said Act so as to provide that each member of the Page 2257 commission of the City of Columbus, Georgia and each officer and board member of said city, during his term of office, shall either continue to be a resident of the present corporate limits of the City of Columbus, Georgia, or during his term of office, shall be a resident of that certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west of the present corporate limits of said city, more particularly described in an Act of the General Assembly of Georgia approved February 17, 1956, appearing on pages 2386 to 2395, both inclusive, of the published Ga. L. 1956, providing for the annexation of said territory within the corporate limits of said City of Columbus effective 12:01 A.M., December 31, 1958, and which territory is hereby established to be a part of the corporate limits of said city on said effective date; 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 of the General Assembly approved on the 5th day of August, 1921, amending the charter of the City of Columbus, and appearing on pages 800 to 850, both inclusive, of the published Ga. L. 1921, be, and it is hereby amended by striking all of section eight (8) of said Act, and enacting in lieu thereof a section to read as follows: Section 8. Each member of the said commission for at least two years immediately prior to his or her election, shall have been a qualified voter of the City of Columbus and during his or her term of office shall either continue to be a resident of the present corporate limits of the City of Columbus, Georgia, and a qualified voter thereof, or, during his or her term of office, shall be a resident of that certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west of the present corporate limits of said city, more particularly described in an Act of the General Page 2258 Assembly of Georgia approved February 17, 1956, appearing on pages 2386 to 2395, both inclusive, of the published Ga. L. 1956, providing for the annexation of said territory within the corporate limits of said City of Columbus, Georgia effective 12:01 A.M., December 31, 1958, and which territory is hereby established to be a part of the corporate limits of said city on said effective date, and otherwise a qualified voter thereof. No person holding the office of commissioner shall hold any other public office or employment except that of notary public or member of the State militia. Qualifications of commissioners. No candidate shall expend or promise any money, office, employment or other thing of value to secure a nomination or election. A violation of these provisions, or any of them, shall disqualify a candidate from holding office, if elected, and the person receiving the next highest number of votes who has observed the foregoing conditions shall be entitled to the office. The residence requirement as provided above for each member of the said commission shall be applicable to each officer and board member of said city during his or her term of office. Section 2. That all laws or parts of laws in conflict herewith be and they are hereby repealed. Section 3. 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. Notice of Intention to Apply for Local Legislation. City of Columbus, Georgia. Page 2259 Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1957, for the passage of a bill entitled as follows: An Act to amend an Act approved the 5th day of August, 1921, 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 commission-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;' this present Act amending section eight (8) of said Act so as to provide that each member of the commission of the City of Columbus, Georgia and each officer and board member of said city, during his term of office, shall either continue to be a resident of the present corporate limits of the City of Columbus, Georgia, or during his term of office, shall be a resident of that certain territory in the County of Muscogee contiguous to and north, northeast, east, southeast, south and west of the present corporate limits of said city, more particularly described in an Act of the General Assembly of Georgia approved February 17, 1956, appearing on pages 2386 to 2395, both inclusive, of the published Ga. L. 1956, providing for the annexation of said territory within the corporate limits of said City of Columbus effective 12:01 A.M., December 31, 1958, and which territory is hereby established to be a part of the corporate limits of said city on said effective date; and for other purposes. This the 9th day of January, 1957. Roscoe Thompson, City Attorney. Page 2260 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 11th, 1957, January 18th, 1957, and January 25th, 1957. /s/ M. R. Ashworth M. R. Ashworth Sworn to and subscribed before me, this the 25th day of January, 1957. /s/ Wallace A. Kitchens Notary Public, Muscogee County, Georgia. (Seal). Approved February 26. 1957. MUSCOGEE COUNTY TAX COMMISSIONER'S COMPENSATION. No. 122 (House Bill No. 265). An Act to amend an Act approved July 25, 1927, entitled: An Act to abolish the offices of tax-receiver and tax-collector of Muscogee County, Georgia; to create the office of county tax-commissioner of Muscogee County, Georgia; to fix the term and compensation of said officer; 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 the county tax-commissioner so far as the same are applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. theretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Muscogee County, Georgia; to provide for necessary assistants for said county tax-commissioner and their salaries, and for necessary expenses of said office; to provide for the election of said county tax-commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in article eleven (11), section three (3), paragraph one (1); and for others purposes, and all Acts amendatory thereto, by changing the salary of the county tax commissioner therein specified; to repeal all Acts in conflict herewith; and for other purposes. Page 2261 Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 6, 1952, (Ga. L. 1952, p. 2155) is hereby amended by providing that the salary of the county tax commissioner of Muscogee County, Georgia, shall be $9500.00 per annum. Salary. Section 2. The salary hereinabove provided shall become effective on June 1st, 1957. Effective date. Section 3. It is declared to be the intention of the General Assembly in this Act, and it is declared that it was the intention of the General Assembly in said Act hereby amended, that, as heretofore provided by law in the Act approved August 13, 1924, (Ga. L. 1924, p. 90) all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind now or hereafter allowed by law shall be received and collected by said officer for the sole use of said county and shall be held as public monies belonging to said Page 2262 county and accounted for and paid over to said county on or before the 10th day of each month, at which time a detailed itemized statement shall be made by said officer under oath showing such collections and the sources from which collected; provided, however, that the commissioners of roads and revenues of said county may pay to such tax commissioner such sums as an allowance for automobile expenses or other expenses as they may in their discretion provide. Automobile allowance. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. Notice of intention to apply for the passage of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1957, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved July 25, 1927, entitled: `An Act to abolish the offices of tax-receiver and tax-collector of Muscogee County, Georgia; to create the office of county tax-commissioner of Muscogee County, Georgia; to fix the term and compensation of said officer; 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 the county tax-commissioner so far as the same are Page 2263 applicable; to provide that all taxes due at the time the provisions of this Act become effective and all tax fi. fas. heretofore issued shall have full force and effect and be collectible as issued; to provide that all fees and commissions and other compensation that would be paid to or collected by the tax-receiver and tax-collector, were it not for the provisions of this Act, shall be collected by the county tax-commissioner herein provided for and paid into the treasury of Muscogee County, Georgia; to provide for necessary assistants for said county tax-commissioner and their salaries, and for necessary expenses of said office; to provide for the election of said county tax-commissioner and the method of filling vacancies; to provide for giving bond; to provide for putting into effect the Constitution of this State as contained in article eleven (11), section three (3), paragraph one (1); and for other purposes', and all Acts amendatory thereto, by changing the salary of the county tax commissioner therein specified; to repeal all Acts in conflict herewith; and for other purposes. This 9th day of January, 1957. Columbus Lawyers Club By Tom B. Slade, President. 1-11, 18, 25. Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: January 11, January 18, and January 25, 1957, in the Columbus Ledger, the newspaper in which sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia. Page 2264 Sworn to and subscribed before me this the 29 day of January, 1957. /s/ Wallace A. Kitchens Notary Public, Muscogee County, Georgia. (Seal). Approved February 26, 1957. WEBSTER COUNTYTAX COMMISSIONER'S SALARY. No. 128 (House Bill No. 304). An Act to amend an Act creating the office of county tax commissioner of Webster County, Georgia, approved August 8, 1931 (Ga. L. 1931, p. 610) as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 1130) by increasing the compensation of such 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 county tax commissioner of Webster County, Georgia, approved August 8, 1931 (Ga. L. 1931, p. 610) as amended, particularly by an Act approved February 22, 1943 (Ga. L. 1943, p. 1130) is amended by striking from section 10 thereof the words and figures a minimum salary of one thousand ($1,000.00) dollars per annum, or a maximum salary of fifteen hundred ($1,500.00) dollars per annum, said salary to be fixed by the county commissioner of Webster County, Georgia and inserting in lieu thereof the words and figures a salary of two thousand ($2,000.00) dollars per annum so that said section as amended hereby shall read as follows: Tax commissioner's salary. Section 10. That the tax commissioner of Webster County, Georgia, shall receive a salary of two thousand Page 2265 ($2,000.00) dollars per annum, said compensation to be paid in equal monthly payments. Section 2. This Act shall be effective at the time of its approval or at the time that the Webster County Grand Jury, at the January 1957 term of the Superior Court of Webster County shall recommend the salary provided by this Act, whichever date shall be later. In the event such grand jury does not so recommend, this Act shall be of no effect. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legislation. Webster County, Georgia: In accordance with the recommendation of the Webster County Grand Jury in session in July, 1956 the people of Webster County are hereby advised that it is my intention to introduce legislation in the coming session of the 1957 General Assembly of Georgia, as follows: (1) To increase the salary of the county commissioner from $1,800.00 to $2,500.00 per year, and; (2) To increase the salary of the county tax commissioner from $1,500.00 to $2,000.00 per year, and; for other purposes. The legislation affecting these salary increases will be subject to a further (and second) recommendation by the Webster County Grand Jury, in session, January, 1957. Publication of these proposed measures is in compliance with Georgia laws which require publication of the intention to introduce local legislation in the official organ of the county prior to taking such action. J. Lucius Black, Representative, Webster County. Page 2266 Georgia, Stewart County Georgia, Webster County. I, Byron C. Anglin, associate editor of The Stewart-Webster Journal, a newspaper published at Richland, Ga., and serving as the official organ of Webster County, do hereby swear that the following notice of intention to introduce legislation, pertaining to salary increases for the tax commissioner, and the commissioner of roads and revenue of Webster County, was published in the Stewart-Webster Journal on the following dates: January 10, 17, 24 and 31, 1957. Publication was made in accordance with Georgia law governing publishing notices of local legislation. Byron C. Anglin /s/ Byron C. Anglin Associate Editor Georgia, Stewart County: Sworn to and subscribed before me, this 1st day of February, 1957. /s/ Mrs. Perry Drew Notary Public State of Georgia. Approved February 26, 1957. MUSCOGEE COUNTYSHERIFF'S COMPENSATION. No. 129 (House Bill No. 266). An Act to amend an Act, approved February 6, 1952, entitled: An Act to establish the salary of the sheriff of Muscogee County, Georgia; to repeal all laws in conflict with this Act; and for other purposes, by changing the salary therein specified; to repeal all laws in conflict herewith; and for other purposes. Page 2267 Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 6, 1952, (Ga. L. 1952, p. 2180) entitled An Act to establish the salary of the sheriff of Muscogee County, Georgia; to repeal all laws in conflict with this Act; and for other purposes, is hereby amended by providing that the salary of the sheriff of Muscogee County, Georgia, shall be $8000.00 per annum. Salary. Section 2. The salary hereinabove provided shall become effective on June 1st, 1957. Effective date. Section 3. It is declared to be the intention of the General Assembly in this Act, and it is declared that it was the intention of the General Assembly in said Act hereby amended, that, as heretofore provided by law in the Act approved August 13, 1924 (Ga. L. 1924, p. 90), all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind now or hereafter allowed by law shall be received and collected by said officer for the sole use of said county and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the 10th day of each month, at which time a detailed itemized statement shall be made by said officer under oath showing such collections and the sources from which collected; provided, however, that the commissioners of roads and revenues of said county may pay to such shrieff such sums as an allowance for automobile expense or other expenses as they may in their discretion provide. Disposal of fees, automobile allowances. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. Notice of intention to apply for the passage Page 2268 of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1957, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, entitled `An Act to establish the salary of the sheriff of Muscogee County, Georgia, to repeal all laws in conflict with this Act; and for other purposes,' by changing the salary therein specified; to repeal all laws in conflict herewith; and for other purposes. This 9th day of January, 1957. Columbus Lawyers Club By Tom B. Slade, President. 1-11, 18, 25. Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: January 11, January 18, and January 25, 1957, in the Columbus Ledger, the newspaper in which Page 2269 sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher, The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me this the 29 day of January, 1957. /s/ Wallace A. Kitchens, Notary Public, Muscogee County, Georgia. (Seal). Approved February 26, 1957. HALL COUNTY COMMISSIONERSMEETINGS. No. 132 (House Bill No. 190). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Hall County, approved April 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2224), so as to change the days for the regular meetings 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 a Board of Commissioners of Roads and Revenues for Hall County, approved April 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2224), is hereby amended by striking from section 5 the word Mondays, and inserting in lieu thereof the word Tuesdays, so that when so amended, section 5 shall read as follows: Page 2270 Section 5. That said board shall have regular meetings on the second and fourth Tuesdays in each month for the transaction of such business as may legitimately come before it with the power to adjourn over from day to day until the business necessary to be considered has been completed. Meetings. 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 session of the General Assembly of Georgia, a bill to amend an Act creating a board of commissioners of roads and revenues for Hall County, as amended, so as to change the days for the regular meetings of said board; and for other purposes. This 7th day of January, 1957. /s/ Wm. B. Gunter /s/ Howard T. Overby Representative, Hall County. Affidavit of Publication. Howard T. Overby and Wm. B. Gunter personally appeared before the undersigned officer authorized to administer oaths, and after being duly sworn depose and say that the attached advertisement giving notice of intention to introduce local legislation was published once a week for three weeks during a period 60 days prior to introduction of this bill in the General Assembly in the Gainesville Daily Times, the official publication organ for Hall County, Ga. /s/ Wm. B. Gunter. /s/ Howard T. Overby. Page 2271 Sworn to and subscribed before me, this 30th day of Jan., 1957. /s/ Arthur K. Bolton, Notary Public, Spalding County, Ga. Approved February 26, 1957. WARREN COUNTYCOMPENSATION OF COMMISSIONER AND COMMISSION CLERK. No. 133 (House Bill No. 215). An Act to amend `An Act to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925, (Ga. L. 1925, pp. 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949, (Ga. L. 1949, pp. 130, 131 and 132), and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. L. pp. 2076, 2077 and 2078),' and as amended by an Act of the General Assembly approved March 7, 1955, (Ga. L. pp. 3305, 3306), by striking from the third line of section 5, thereof, the figure $2760.00 and inserting in lieu thereof, the figure $3600.00, and by striking from the fifth line of said section 5, the figure $750.00 and inserting in lieu thereof, the sum of $1000.00, and by striking from the sixth line of said section 5, the abbreviation, etc., and inserting in lieu thereof, the following four words, to-wit: other county business expenses, and by striking from line eight of said section 5, the figure $900.00 and inserting in lieu thereof, the figure $1200.00 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 to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Page 2272 Georgia, approved August 7, 1925, (Ga. L. 1925, pp. 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949, (Ga. L. 1949, pp. 130, 131, and 132) and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. L., pp. 2076, 2077, and 2078), and as amended by an Act of the General Assembly approved March 7, 1955, (Ga. L., pp. 3305, 3306), be and the same is hereby amended by striking from the third line of section 5, thereof, the figure $2760.00 and inserting in lieu thereof, the figure $3600.00, and by striking from the fifth line of said section 5, the figure $750.00 and inserting in lieu thereof, the sum of $1000.00, and by striking from the sixth line of said section 5, the abbreviation, etc., and inserting in lieu thereof, the following four words, to-wit: other county business expenses, and by striking from line eight of said section 5, the figure $900.00 and inserting in lieu thereof, the figure $1200.00, so that said section 5, when so amended, shall read as follows: Section 5. Be it further enacted by the authority aforesaid that the annual salary of said commissioner shall be $3600.00 to be paid monthly by warrants on the county treasurer and signed as other warrants, and he shall also be allowed the sum of $1000.00 as expense account for automobile, gasoline, oil, and other county business expenses, to be paid similarly, and he is authorized to pay a clerk out of the county funds a sum not exceeding $1200.00 a year, to be paid monthly by warrants on the county treasurer drawn and signed as other warrants are drawn and signed. Compensation. 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. Section 3. Affidavit of the legal advertisement of this local Act is attached hereto and made a part of this Act and reference is made to said affidavit. Page 2273 Georgia, Warren County: Personally before the undersigned, an officer authorized under the laws of Georgia to administer oaths, appeared Alva L. Haywood, who on oath says that he is owner and publisher of the Warrenton Clipper, which is the official news organ of and published in Warren County, Georgia: Deponent further says on oath that the following notice of intention to introduce a local bill in the present session of the Legislature of Georgia, to-wit: Notice of Intention to Introduce a Local Bill. Notice is hereby given that it is the intention of the undersigned to introduce for passage at the 1957 session of the Georgia Legislature, a local bill entitled as follows: An Act to amend `An Act to amend the Act creating a Commissioner of Roads and Revenues of Warren County, Georgia, approved August 7, 1925 (Ga. L. 1925, pp. 789 to 797, inclusive), as amended by an Act of the General Assembly approved February 3, 1949 (Ga. L. 1949, pp. 130, 131, and 132) and as amended by an Act of the General Assembly approved February 4, 1953, (Ga. L., pp. 2076, 2077 and 2078), and as amended by an Act of the General Assembly approved March 7, 1955, (Ga. L., pp. 3305, 3306), by striking from the third line of section 5, thereof, the figure $2760.00 and inserting in lieu thereof, the figure $3600.00, and by striking from the fifth line of said section 5, the figure $750.00 and inserting in lieu thereof, the sum of $1,000.00, and by striking from the sixth line of said section 5, the abbreviation, etc., and inserting in lieu thereof, the following four words, to-wit: other county business expenses, and by striking from line eight of said section 5, the figure $900.00 and inserting in lieu thereof, the figure $1200.00, and for other purposes, so that said section 5, when amended, will read as follows: Section 5. Be it further enacted by the authority aforesaid that the annual salary of said commissioner shall be $3600.00 to be paid monthly by warrants on Page 2274 the county treasurer and signed as other warrants, and he shall also be allowed the sum of $1000.00 as expense account for automobile, gasoline, oil, and other county business expenses, to be paid similarly, and he is authorized to pay a clerk out of the county funds a sum not exceeding $1200.00 a year, to be paid monthly by warrants on the county treasurer drawn and signed as other warrants are drawn and signed. This 2nd day of January, 1957. /s/ Jack B. Ray, Representative, Warren County, Georgia. Jan 4 11 18 25 was published in said newspaper on the following dates and issues, to-wit: The issue of January 4, 1957, the issue of January 11, 1957, the issue of January 18, 1957 and in the issue of January 25, 1957. /s/ Alva L. Haywood. Sworn to and subscribed to before me, this the 26 day of January, 1957. /s/ Jewell Johnson, Ordinary, Warren Co., Ga. Approved February 26, 1957. COUNTY COURT OF ECHOLS COUNTYJUDGE'S COMPENSATION. No. 134 (House Bill No. 326). An Act to amend an Act creating the County Court of Echols County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3195), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2033), so as to change the minimum and maximum amounts allowed to the judge of said court; to repeal conflicting laws; and for other purposes. Page 2275 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the County Court of Echols County, approved March 11, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 3195), as amended by an Act approved February 4, 1955 (Ga. L. 1955, p. 2033), is hereby amended by striking from section 24 the words and figure four hundred dollars ($400.00) and inserting in lieu thereof the words and figure six hundred dollars ($600.00), and by striking the words and figure six hundred dollars ($600.00) and inserting in lieu thereof the words and figure nine hundred dollars ($900.00), so that when so amended, section 24 shall read as follows: Section 24. For his services as judge and ex officio clerk of said county court, said officer shall be paid not less than the sum of six hundred dollars ($600.00) per annum, out of the county treasury of Echols County, which salary shall be paid in monthly installments due on the first Monday of each month for the preceding month. Said judge shall, in addition to said salary, be permitted all fees herein allowed for his services as both judge and clerk in civil cases. The county commissioners by majority vote may increase said salary not to exceed nine hundred dollars ($900.00) per annum. Judge's compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given that at the next session of the General Assembly of Georgia, convening in January, 1957, the undersigned will apply for the passage of a local bill to increase the minimum salary of the judge and ex-officio clerk of the County Court of Echols County Page 2276 to $600 per annum and to increase his maximum salary to $900 per annum. /s/ Louis T. Raulerson, Representative, Echols County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louis T. Raulerson, who, on oath, deposes and says that he is representative from Echols County, and that the attached copy of notice of intention to introduce local legislation was published in the Valdosta Times which is the official organ of said county, on the following dates: December 14, December 21, and December 28, 1956. /s/ Louis T. Raulerson, Representative, Echols County. Sworn to and subscribed before me, this 4 day of February, 1957. /s/ Frances Y. Read, Notary Public, Fulton Co. Approved February 26, 1957. CITY OF CARROLLTONCHARTER AMENDED. No. 135 (House Bill No. 316). An Act to repeal section three of an amended act to the city charter of the City of Carrollton, Georgia, appearing on pages 517-522, of the Georgia laws of 1923, and approved July 31, 1923 being entitled an act to amend an act to establish a new charter for the City of Carrollton, Georgia, approved September 9, 1891, and all acts amendatory thereto; to provide Page 2277 for the hour of opening the polls and closing the polls for all elections held in and for the City of Carrollton, Georgia; 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 from and after the passage of this act that section three of the above recited act be, and the same is hereby repealed and the following substituted in lieu thereof: All elections held in and for the City of Carrollton, Georgia shall be held at the city hall, or at such other place or places as the mayor and city council may by ordinance designated. At all such elections the polls shall be opened at seven o'clock A. M. and closed at seven o'clock P. M. Election hours. Section 2. 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 and acts amendatory thereto relating to publication of notice of intention to apply for passages of this local legislation, have been complied with for the enactment of this law. Section 3. That 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 intention to apply for local legislation at the regular session of the General Assembly of the State of Georgia which meets on the 2nd Monday in January, 1957 to provide that the voting hours for all elections held in and for the City of Carrollton, Georgia shall be from seven o'clock A. M. until seven o'clock P. M., and to repeal all acts in conflict therewith. /s/ Mayor and Council, Mayor and City Council of Carrollton, Georgia. Page 2278 State of Georgia, County of Carroll: Personally appeared before me, a notary public within and for the above State and county, Stanley Parkman who deposes and says that he is the publisher of the Carroll County Georgian; and that advertisement as per attached copy has been published in the Carroll County Georgian on the following date, January 17th, 24th and 31st, 1957. /s/ Stanley Parkman. Sworn to and subscribed before me, this 31 day of January, 1957. /s/ Patricia W. Hughes, Notary Public. Approved February 26, 1957. COMPENSATION OF CLERK OF IRWIN COUNTY BOARD OF COMMISSIONERS. No. 137 (House Bill No. 260). An Act amending an Act creating a Board of Commissioners of Roads and Revenues for the County of Irwin, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended particularly by Acts approved February 23, 1945 (Ga. L. 1945, p. 772) and February 13, 1952 (Ga. L. 1952, p. 2469), so as to change the salary of the clerk 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 a Board of Commissioners of Roads and Revenues for the County of Irwin, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by Acts approved February 23, Page 2279 1945 (Ga. L. 1945, p. 772) and February 13, 1952 (Ga. L. 1952, p. 2469), is hereby amended by striking from section 6-A of said Act the figure $125.00 and substituting the figure 175.00 in lieu thereof, so that said section, when so amended, will read as follows: Section 6-A. Be it further enacted by the authority aforesaid, that the board of commissioners shall elect a clerk of the board of commissioners who shall serve as its clerk and shall have such duties as are specified by the board and shall hold office under the control and direction of the board and serve at its pleasure and may be dismissed by the board at any time and a successor employed. The salary of said clerk shall not exceed the sum of $175.00 per month which salary shall be paid by warrant issued by said board as other warrants for county costs and expenses are paid. Said clerk may, or may not, be required to give bond, and in the amount, if required, as fixed by the board, the premiums on such bond to be paid out of county funds as are other expenses of the county paid. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. State of Georgia, County of Irwin. This is to certify that the attached notice of intention to apply for and pass local legislation was published in The Ocilla Star, local organ of Irwin County in which sheriff's advertisements are published, in three consecutive issues of said newspaper on December 20th and 27th, 1956, and on January 3rd, 1957. /s/ W. S. Bradford, Jr., Co-publisher and Editor. Page 2280 Sworn to and subscribed before me, this 12th day of January, 1957. /s/ W. R. Mixon, Notary Public, Georgia, Irwin County. My Commission Expires Oct. 11, 1958. Notice of Legal Legislation. Georgia, Irwin County. Take notice that a local bill will be introduced at the next session of the General Assembly to convene in January, 1957, to amend the Acts creating the Irwin County Board of Commissioners of Roads and Revenues to provide for an increase of the salary of the clerk of the board of commissioners from $125.00 per month to $175.00 per month, and for other purposes. G. B. Henderson, Jr., Representative, Irwin County, Ga. 3tdec 20, 27 jan 3c Approved February 26, 1957. PICKENS COUNTY SHERIFF'S COMPENSATION. No. 138 (House Bill No. 485). An Act to change the amount of compensation of the sheriff of Pickens County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sheriff of Pickens County shall receive, in addition to all other fees and compensation authorized by law, four hundred and fifty (450) gallons Page 2281 of gasoline and ten (10) gallons of oil per month, said gasoline and oil to be provided by the county. 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 1957 session of the General Assembly of Georgia, a bill to change the amount of compensation paid to the sheriff of Pickens County; and for other purposes. This 22 day of January, 1957. Olen Cagle, Representative Pickens County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Olen Cagle, who, on oath, deposes and says that he is representative from Pickens County, and that the attached copy of notice of intention to introduce local legislation was published in the Pickens County Progress which is the official organ of said county, on the following dates: January 24, January 31, and February 7, 1957. /s/ Olen Cagle, Representative, Pickens County. Sworn to and subscribed before me, this 11th day of February, 1957. /s/ Janette Hirsch, Notary Public. Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved February 26, 1957. Page 2282 COBB COUNTY TREASURER'S SALARY. No. 142 (House Bill No. 235). An Act to amend an Act to authorize the Commissioner of Roads and Revenue and the Advisory Board of Cobb County to fix the compensation of the treasurer of Cobb County (Ga. L. 1943, p. 908) as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 2009) as amended by an Act approved February 8, 1951, (Ga. L., p. 2286, etc.) as amended by an Act approved February 24, 1955 (Ga. L. 1955, etc.) so as to change the amount of compensation to be paid to the treasurer of Cobb 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. Effective on the first day of the month following the month in which this Act is approved or otherwise becomes a law the compensation of the treasurer of Cobb County shall be $6,780.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Cobb County. Personally appeared before the undersigned officer, in and for said State and county, Margaret H. Smith, who after being duly sworn, deposes and states upon oath that she is the comptroller of the Marietta Daily Journal, a newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of notice of intention to apply for local legislation which notice was published in said newspaper in issues dated December 14th, 21st and 28th, 1956: Page 2283 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill to amend the Act entitled, An Act to authorize the Commissioner of Road and Revenues and the Advisory Board of Cobb County to fix the compensation of the treasurer of Cobb County... and for other purposes. approved March 5, 1943, (Ga. L. 1943, p. 908) and the several acts amendatory thereof. This December 12, 1956. Eugene W. Holcombe, Fred D. Bentley, Harold S. Willingham, Raymond M. Reed. This 22nd day of January, 1957. /s/ Margaret H. Smith, Comptroller, Marietta Daily Journal. Sworn to and subscribed before me, this 22nd day of January, 1957. /s/ Yvonne Harrison, Notary Public, Cobb County, Georgia. (Seal). Approved February 26, 1957. CITY OF COLUMBUS CHARTER AMENDEDUSE OF VOTING MACHINES AUTHORIZED. No. 143 (House Bill No. 188). An Act amending the charter of the City of Columbus, Georgia; providing for the use of voting machines for Page 2284 casting, registering, recording and computing ballots or votes at all elections in the City of Columbus, Georgia; providing regulations with reference to the requirements, purchase, leasing, renting, installation, preparation, custody and demonstration of use of voting machines; providing rules and regulations for the conduct of elections held with voting machines; providing the duties of election managers in election districts or precincts in which voting machines may be used; to provide for the experimental use of voting machines; to provide for redistricting or redivision and/or consolidation of election districts or precincts, and for the creating of election precincts in which voting machines may be used; to provide for the purchase, lease, or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; to provide penalties for violations of the provisions of this Act; 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 at all elections hereafter held in the City of Columbus, Georgia, whether regular, special, primary, general, or other elections held under or by authority of the City of Columbus, Georgia, or any election held for the purpose of determining any question or matter which may be submitted to and referred to the vote of the people of said city, ballots or votes may be cast, registered, recorded and counted by means of voting machines meeting the requirements of this Act as hereinafter provided. Use of voting machines authorized. Section 2. That the commission of the City of Columbus shall be authorized to purchase, lease, rent, or otherwise procure a sufficient number of voting machines meeting the requirements of this Act as hereinafter provided for casting, registering, recording and counting the vote at all elections hereafter held under or by authority of the City of Columbus, Georgia. The commission of the City of Columbus may provide in each election Page 2285 district or precinct in which voting machines may be used one voting machine for each five hundred registered voters, or fraction thereof, therein, and shall provide one voting machine for each six hundred registered voters, or fraction thereof, therein. Same, procurement authorized. Section 3. That no voting mechine shall be adopted or used unless it shall, at the time, 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 the candidates of one party for every office to be voted for except those offices as to which he votes 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 it enables 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 of adjustment by election officers, so as to permit each voter at a primary election to vote for the candidate 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 Page 2286 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 any question appearing upon the ballot-labels, up to the time he begins the final operation to register his vote, or indicate or expresses his intention to register his vote; it shall not only secure to 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 provide for registering of the votes of at least six hundred voters at any one election; it shall be so constructed that votes may be cast thereon for any public measure or question; it shall have a public 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 so that 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 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 safety transportable; Page 2287 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. Same, type to be used. Section 4. That the commission of the City of Columbus may provide for the experimental use at any election or elections of a machine meeting the requirements of this Act, and such use may be in one or more election precincts of said city. Same, testing. Section 5. That the commission of the City of Columbus may provide for the payment of purchasing, leasing or renting or otherwise procuring of voting machines meeting the requirements of this Act in such manner as may be deemed for the best interest of said city. The said commission for that purpose may make leases, issue bonds, certificates of indebtedness, or other obligations, which shall be a charge on the city. Such bonds, certificates or other obligations may be issued with or without interest, payable at such time or times as the commission may determine, subject to constitutional limitations. Same, payment. Section 6. That the commission of the City of Columbus shall be authorized to create, redivide, redistrict or consolidate election districts or precincts in such manner as said commission may deem in the best interest and convenience of the voters in said city. Election districts. Section 7. That the commission of the City of Columbus may provide for each voting or polling place one or more voting machines according to the necessity therefor, 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 place when not in use at an election. Number of machines, and storage of same. Section 8. That the exterior of the voting machines and every part of the voting or polling place, shall be in Page 2288 plain view of the election watchers and officers. The voting machine 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 machine can be seen plainly by the election officers and watchers when the machine is not occupied by a voter. The election managers or officers 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. 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, shall not be unlocked or opened, or the counters exposed, except by action of the proper custodian of voting machines for good and sufficient reason, a statement of which shall be made in writing and signed by him and attested by the signatures of the election manager, or except upon the written order of the commission of the City of Columbus for good and sufficient reason which shall be stated in the order. The commission of the City of Columbus shall have authority to appoint a custodian or custodians to store, care for and maintain said voting machines and to pay such custodian such compensation as said commission shall prescribe. Voting machines, location and care. Section 9. That the commission of the City of Columbus shall be authorized to place on public exhibition, for such length of time as they may deem necessary next preceding an election, 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 names and arrangements of parties, and, so far as practicable, the names and arrangements of the candidates to be voted for. Such machine 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 Page 2289 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 said commission. Same, exhibition. Section 10. That any voter who may state under oath that by reason of his inability to read the English language, or by reason of blindness or other physical infirmity, he is unable to use the voting machine, may upon request have assistance in voting as provided such assistance may be given by the Laws of Georgia and the charter of the City of Columbus. Same, assistance of voter. Section 11. That in any election district or precinct in which voting machines may be used, any voter, but only when required by his regular business and habitual duties to be absent from the City of Columbus, may vote by complying with any laws or charter provisions applicable to the City of Columbus permitting the casting and recording of absentee ballots. Absentee ballots. Section 12. That in any election district or precinct in which voting machines may be used, the portion of cardboard, paper or other material placed on the front of the machine containing the names of the candidates or a statement of any proposed question or proposition to be voted on shall be known as a 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 other designation shall be prefixed to the list of candidates of such party. The order of the lists of candidates of several parties shall be arranged as is now provided by law, except that the lists may be arranged horizontally or vertically, with Page 2290 the names of candidates for an office arranged transversely under or opposite the title of the office. The names of all candidates, nominated or seeking nomination by a political party, 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 general or special election, shall be determined by the commission of the City of Columbus, as nearly as may be in accordance with the provisions of the laws prescribing the form and arrangement of ballots at such elections, and sufficient copies of same shall be furnished by them to the election managers of the respective voting or polling places, as may be necessary, at the cost of the city. Voting machines, ballot labels. Section 13. In any political party primary held in the City of Columbus in which voting machines shall be used in one or more precincts, the name of any unopposed candidate for nomination to any office may be omitted from the ballot used in any such voting machine and any unopposed candidate shall be declared to have received the total number of votes cast in such voting machine. Same, unopposed candidates. Section 14. That the officer or officers charged with the duty of providing ballots and ballot-labels for any voting or polling place shall provide therefor the following: Same, supplies. (a) A lantern, or a proper substitute for same, 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. (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 Page 2291 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 any diagram or diagrams, required to be furnished with voting machines at polling places, to be made, either in full size or in reduced size, and to be posted, published, advertised or distributed among the electors in such manner as they may deem desirable. Section 15. That 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 the case of 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 chairmen of the city executive committees, or other body or bodies having similar duties thereto, of the political parties, 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-labels to be put upon each machine corresponding with the sample ballot-labels herein 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 officer or officers shall cause the machine or machines so labeled in order set and adjusted, to be delivered at the voting or 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 the election managers shall meet in the said room at least one half hour before the time for opening the polls. They shall see that the sample ballots and instruction Page 2292 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 the preparation of 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 after provision shall have been made for the use of written or printed ballots, the election shall proceed. The machine or machines so used in such election shall not thereafter be operated except by electors in voting. (a) The election managers in such district or precinct in which a voting machine or voting machines are used shall consist of such number as may be deemed necessary and shall be appointed by the commission of the City of Columbus. If the managers appointed or any of them, decline to serve, the mayor shall appoint others to fill the vacancies. If at the time set by law for the opening of the polls on the day of election there is no such official present to hold the election, any three freeholders of the election precinct or district, who are registered and qualified voters in such precinct, may superintend the election and hold and conduct the same, and shall administer the oath required to each other, which shall be of the same effect as if taken by a qualified officer; provided that nothing herein contained shall be construed to hinder or prevent any one or more of said appointees of the said commission or mayor from acting as manager or managers, should they be present at the polling place, supplying the number of managers required from any of the freeholders as aforesaid. Persons who can not read and write shall not be competent to Page 2293 serve as managers of elections. The oath to be taken by such election managers or by freeholders acting in their stead as above provided for and the form thereof and before whom to be taken shall be as provided by ordinance by said commission. The managers of election shall, upon notice from the said commission, attend any meeting or meetings called for their instruction and receive such instructions 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 said commission. All clerks may be dispensed with by the managers of elections in voting machine districts and precincts. Election managers' qualifications. Section 16. That ballots voted for any person whose name does not appear on the ballot-label on the machine as a candidate for office are 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. That 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 election managers or other persons who may be lawfully within the room, giving full view of the registering counters and one of said election managers shall announce in distinct tones the votes cast for each candidate and for and against the various questions or propositions. Election returns. Section 18. That the election managers shall then ascertain the number of votes which the candidates have received both on the machine and by the voting of Write-in ballots, if any, and one of the managers of Page 2294 election shall publicly announce in a distinct voice the total vote for each candidate thus ascertained in the order of the office as their titles are arranged on the ballot-label. He shall then announce in the same manner the vote on each proposition or question. Before leaving the room and before closing and locking the registering compartment, the election managers or superintendents shall make and sign a written certificate showing the results of such 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 properly 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. Same. Section 19. That if a method of election for any candidate or offices or of voting on questions or propositions is prescribed by law, in which the use of voting machines is not possible or practicable, or in case 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 for any other Page 2295 reason, 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 such or all candidates or offices or on such or all questions or propositions conducted by paper ballots at such precincts or districts. In such cases, ballots shall be printed for such or all candidates or offices, or for such or all questions or propositions, and the election conducted by the election officers as herein provided for, and the ballots counted and return thereof made in the manner required by law for such candidates or offices or for such or all questions or propositions, in so far as paper ballots are used. Elections when voting machines not used. Section 20. That when the machine is locked and sealed at the close of an election in the manner required by this Act, the managers of election shall promptly deliver to the commission of the City of Columbus or their duly authorized representatives the keys of the machine or machines enclosed in a sealed envelope. Disposition of voting machine keys after election. Section 21. The commission of the City of Columbus shall designate a person or persons who shall have the custody of the voting machines owned by the City of Columbus, 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 count of the votes cast at an election, the said commission shall have the machine or machines removed to the place of storage provided for in this section. Custodian of voting machines. Section 22. That the list of offices and candidates, and the statements of questions on the voting machine shall be deemed an official ballot. And that as used in this Act: Definition of terms. 1. The words ballot-labels shall mean the cards, paper, or material, containing the names of offices and candidates and statements of questions to be voted on; Page 2296 2. The word 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; 3. The word question shall mean a brief statement of such proposition as shall be submitted to a popular vote at any election; 4. The words 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; 5. The words registering counters shall mean the counters on which are registered numerically the votes cast for candidates, and on questions, respectively; 6. The words 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; 7. The words protective counter shall mean a counter or protective device or device 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. 8. The word 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. 9. The words election and elections, whenever used in this Act, shall be held to include and mean all regular, special or other elections held under or by the authority of the City of Columbus, Georgia, and also any general or primary election hereafter held in said city. 10. The words registering compartment shall mean Page 2297 that part of the voting machine containing the registering counters. Section 23. That any election officer, manager, or other person who shall violate any of the provisions of this Act, or who shall tamper with, or injure, or attempt to injure, 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 sentenced to undergo imprisonment for not more than one year, or to pay a fine not exceeding one thousand dollars ($1,000.00), or both, in the discretion of the court. Crimes. Section 24. That except as modified by the provisions of this Act, the general laws and City of Columbus charter provisions regulating general, regular, special, primary, and other elections, where not inconsistent with the Act, shall apply to all such elections, held in the City of Columbus under the provisions of this Act. Any provisions of law which conflict with the use of such machine or machines as herein set forth, shall not apply to the election districts or precincts in which an election is conducted by the use of such machine or machines. Inconsistent charter provisions. Section 25. That, if this Act cannot take effect in its entirety, because of the judgment of a court of competent jurisdiction holding unconstitutional any section, paragraph or clause thereof, the remaining portions of the Act shall be given full force and effect, as completely as if the section, paragraph or clause held unconstitutional had not been included herein. Provision of Act severable. Section 26. That all laws or parts of laws, in conflict with the provisions of this Act, are hereby repealed, so far as the conduct of elections by the use of voting machines in the City of Columbus, Georgia is concerned. Conflicting laws. Section 27. That there is hereto attached, incorporated Page 2298 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. 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, 1957, for the passage of a bill entitled as follows: An Act amending the charter of the City of Columbus, Georgia; providing for the use of voting machines for casting, registering, recording and computing ballots or votes at all elections in the City of Columbus, Georgia; providing regulations with reference to the requirements, purchase, leasing, renting, installation, preparation, custody and demonstration of use of voting machines; providing rules and regulations for the conduct of elections held with voting machines; providing the duties of election managers in election districts or precincts in which voting machines may be used; to provide for the experimental use of voting machines; to provide for redistricting or redivision and/or consolidation of election districts or precincts, and for the creating of election precincts in which voting machines may be used; to provide for the purchase, lease, or rental of voting machines, and payment therefor, and expenses incidental to the use of such machines; to provide penalties for violations of the provisions of this Act; and for other purposes. This the 9th day of January, 1957. /s/ Roscoe Thompson, City Attorney. Page 2299 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 11, 1957, January 18, 1957, and January 25th, 1957. /s/ M. R. Ashworth. M. R. Ashworth. Sworn to and subscribed before me, this the 25 day of January, 1957. /s/ Wallace A. Kitchens, Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved February 26, 1957. COFFEE COUNTY COMMISSIONERS' COMPENSATION. No. 144 (House Bill No. 255). An Act to amend an act creating the office of commissioners of roads and revenues in the County of Coffee, approved March 26, 1937, (Ga. L. 1936, p. 1294) as amended February 21, 1951 (Ga. L., pp. 2773-2779) to provide a salary for the chairman of the county commissioners of Coffee County at $300 per month and to provide a salary for each of the other two members of the board of county commissioners of Coffee County at $100 per month, and to provide for the payment of actual necessary and legitimate expenses to the commissioners of Coffee County while outside Page 2300 of the county on county business, 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. By striking the entire paragraph of section 7 of said Act and inserting in lieu thereof the following: Beginning January 1, 1957, and thereafter, the salary of the members of the board of commissioners of roads and revenues of Coffee County, Georgia, shall be $3600 annually for the chairman of said board, and $1200 annually for each of the two other members of said board. The salaries of the chairman and the commissioner members shall be apportioned and paid in monthly installments. Only actual necessary expenses shall be paid the board of commissioners and shall be limited to not more than $75 in any month to the chairman of the commissioners of roads and revenues of Coffee County, Georgia. Not more than $50 in any month to the member of the board of commissioners, said expenses to be paid only on itemized, verified statements. Salary and expenses. Section 2. By adding a new paragraph to be known as paragraph 7A to read as follows: That in addition to the above provided expenses, the members of the board of county commissioners of Coffee County, Georgia, shall be entitled to the actual necessary and legitimate expenses which they incur while outside of the county on county business, said expenses to be paid only on itemized, verified statements. Additional expenses. Section 3. All laws and parts of laws in conflict with this Act shall be and the same are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intend to introduce at the 1957 session of the General Assembly of the State of Georgia a local bill to provide a salary for the chairman of the county commissioners of Coffee County at $300 per month, and a salary for each of the Page 2301 other two commissioners at $100 per month, and to provide for the payment of actual necessary and legitimate expenses to the commissioners of Coffee County while outside of the county on county business. This 11th day of December, 1956. /s/ Tom Fellows, Tom Fellows, /s/ R. E. Roberts, R. E. Roberts, Representatives of Coffee County, Georgia. Georgia, Coffee County. I, Melvin Waters, publisher of the Coffee County Progress, the legal organ of Coffee County, Georgia, hereby certify that the foregoing notice of intention to introduce local legislation to provide the salary of the county commissioners of Coffee County and the expenses of the commissioners of Coffee County, was published in the Coffee County Progress once a week for three weeks, on the 3rd, the 10th, and the 17th day of January, 1957. /s/ Melvin Waters, Melvin Waters, Publisher of The Coffee County Progress. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intend to introduce at the 1957 session of the General Assembly of the State of Georgia a local bill to provide a salary for the chairman of the county commissioners of Coffee County at $300 per month, and a salary for each of the other two commissioners at $100 per month, and to provide for the payment of actual, necessary and legitimate expenses to the commissioners of Coffee County while outside of the county on county business. Page 2302 This 11th day of December, 1956. Tom Fellows, R. E. Roberts, Representatives of Coffee County, Georgia. 1-3, 10, 17, 24 Approved February 26, 1957. CITY COURT OF COLUMBUSJUDGE'S SALARY. No. 146 (House Bill No. 264). An Act to amend an Act approved December 20, 1884, entitled: An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes, and Acts amendatory thereof, by changing the salary therein specified for the Judge of said City Court of Columbus; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved December 20, 1884, (Ga. L. 1884-5, p. 455 et seq.) entitled An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes, as heretofore amended, and particularly as amended by the Act approved February 6, 1952 (Ga. L. 1952, p. 2175), is hereby amended to provide that the salary of the Judge of the City Court of Columbus shall be $10,000.00 per annum, payable in twelve (12) equal monthly installments; provided, however, that compensation paid to any judge pro hac vice serving in the place of said Judge of the City Court of Columbus shall be deducted from said salary. Salary. Page 2303 Section 2. The salary herein provided shall become effective on June 1st, 1957. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1957, for the passage and approval of a bill entitled as follows: An Act to amend an Act approved December 20, 1884, entitled: `An Act to establish a City Court in the City of Columbus for Muscogee County, and to provide for the appointment of a judge and solicitor thereof, and for other purposes', and Acts mandatory thereof, by changing the salary therein specified for the Judge of said City Court of Columbus; to repeal all laws in conflict herewith; and for other purposes. This 9th day of January, 1957. Columbus Lawyers Club, By Tom B. Slade, President. 1-11, 18, 25 Page 2304 Georgia, Muscogee County This is to certify that the attached copy of notice of intention to apply for the passage of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: January 11, January 18, and January 25, 1957, in the Columbus Ledger, the newspaper in which sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth, Publisher, The Columbus Ledger, Columbus, Georgia. Sworn to and subscribed before me, this the 29 day of January, 1957. /s/ Wallace A. Kitchens, Notary Public, Muscogee County, Georgia. (Seal). Approved February 26, 1957. LAW BOOKS TO ORDINARY OF BACON COUNTY No. 32 (House Resolution No. 29-71b). A Resolution. Authorizing and directing the State librarian to furnish certain law books to the Ordinary of Bacon County; and for other purposes. Whereas, the newly elected Ordinary of Bacon County upon entering into the duties of his office discovered that many of the law books of said county are lost, destroyed or badly in need of replacement, and Whereas, such books are necessary for the ordinary to transact the business of the court and that of the county and the State, Page 2305 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 Bacon County such volumes of the Georgia Supreme Court Reports, the Georgia Court of Appeal Reports, the Georgia Laws, and the Annotated Code of Georgia as are necessary to cause the Ordinary of Bacon County to have a complete set of each; a list of said missing volumes to be prepared by said ordinary and presented to the State Librarian. Be it further resolved that if, for any reason, the State Librarian canot furnish any of the books needed, 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 purposes from any unappropriated funds. Approved February 26, 1957. LAW BOOKS TO TAYLOR SUPERIOR COURT. No. 34 (House Resolution No. 67-173c). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Clerk of the Superior Court of Taylor County; and for other purposes. Whereas, all of the Georgia Supreme Court Reports and all of the Georgia Court of Appeals Reports are missing from the office of the Clerk of the Superior Court of Taylor County, and it is believed that no such reports have been furnished to said office; and Whereas, such books are necessary for the clerk, the judge and the solicitor to transact the business of such court and that of the county and of the State; Page 2306 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 Taylor 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 Taylor County. 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 such books if funds are available from unappropriated funds. Approved February 26, 1957. LAW BOOKS TO THE CITY COURT OF BRUNSWICK. No. 35 (House Resolution No. 77-240b). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the City Court of Brunswick, and authorizing the Governor to purchase such books if necessary; and for other purposes. Whereas, certain law books are missing from the library of the City Court of Brunswick, and Whereas, the business of said court is hampered and delayed because of the lack of such books, which are necessary for the transaction of the official business of such 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 Brunswick for the library of said court the following law books: Page 2307 Georgia Supreme Court Reports. 1 13 25 39 72 91 111 128 153 171 2 14 26 44 73 92 112 130 154 172 3 15 27 58 74 93 113 131 155 173 4 16 28 60 75 95 115 134 156 199 5 17 29 61 76 96 116 141 161 200 6 18 30 62 77 97 118 142 162 201 7 19 31 63 78 98 119 144 164 202 8 20 33 66 84 100 120 145 166 203 9 21 35 68 85 102 122 146 167 204 10 22 36 69 86 106 123 148 168 205 11 23 37 70 87 107 124 151 169 206 12 24 38 71 88 109 127 152 170 207 Georgia Court of Appeals Reports. 2 13 29 30 31 32 35 36 37 38 39 40 41 42 43 72 73 74 75 76 77 78 79 80 81 83 Be it further resolved that if for any reason the State Librarian cannot furnish such books, the Governor is hereby authorized to draw his warrant upon the State treasury for the amount required to purchase said books, and furnish same to the said City Court of Brunswick if funds are available thereof from unappropriated funds. Approved February 26, 1957. CAMDEN COUNTYSALARIES. No. 150 (House Bill No. 537). An Act to place certain county officials of Camden County on a salary basis in lieu of a fee basis to specify such salaries; to provide for the expenses of such officers and a payment thereof; to provide for deputies, employees and assistants; to provide for the disposition Page 2308 of fees, fines, forfeitures, percentages, penalties,allowances and all other perquisites collected; to provide for reports and for the maintenance and inspection of books and records; 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 sheriff and the clerk of the superior court and the ordinary of Camden County shall be paid a salary in lieu of all fees, fines, forfeitures, percentages, penalties, allowances and all other perquisites of whatever kind which are now or hereafter be allowed by law to be received or collected as compensation for services by any of said officials or their deputies, including compensation received or collected by such officials or their deputies for serving as bailiff or as an ex officio officer by virtue of their respective office. The compensation herein provided shall be paid monthly from the general funds of Camden County. Salary in lieu of fees. Section 2. The salary of the sheriff of Camden County shall be $7,200 per annum. The governing authority in all such counties may defray the expenses of the sheriff's office including the payment of mileage allowance and providing deputies. The salary herein provided shall be for all services of such sheriffs and shall include services for any ex officio office of the sheriff. Sheriff's salary. Section 3. The ordinary of Camden County shall be compensated in the amount of $6,000 per annum. Ordinary's salary. Section 4. The clerk of the superior court in all such counties shall be compensated in the amount of $6,000 per annum. The salary herein provided shall be for all services of such clerk and shall include services for any ex officio office of the clerk. Clerk of superior court's salary. Section 5. All fees, fines, forfeitures, percentages, 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 services, Page 2309 in any capacity, by any of the said officials or their deputies, including compensation received or collected by such officials or their deputies for serving as bailiff, shall be received and diligently collected by all of said officials and each of them for the sole use of all such counties and shall be paid as public moneys belonging to such counties and accounted for and paid over to the county treasury not later than the tenth day of each month. Each such officer collecting such fees, fines, forfeitures, percentages, penalties, allowances and all other perquisites shall at all times keep complete and accurate books of account showing all sums of every sort and nature due to this office, collected by his office, or in any manner distributed by his office and shall present to the governing authority of Camden County, with each payment a detailed itemized statement under oath showing all such collections and the sources from which collected. The county treasurers of Camden County shall keep a separate account showing the source from which such funds were paid to the governing authority and the grand jury of Camden County shall have the right, at any time, to inspect the records of each of any such officer or officers. Disposition of fees. Section 6. All office expenses incurred in carrying out the duties of the sheriff, clerk of the superior court and the ordinary of Camden County shall be paid directly to the supplier or other person to whom payment for such expense is due from the general fund of Camden County. Office expenses. Section 7. This Act shall become effective on the first day of the month following the month in which this Act is approved by the Governor, or it otherwise becomes law. Effective date. 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 1957 session of the General Assembly of Page 2310 Georgia, a bill to place certain county officials of Camden County on a salary basis, in lieu of a fee basis; and for other purposes. John D. Odom Representative, Camden County. 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 Camden County Tribune which is the official organ of said county, on the following dates: January 25, February 1 8, 1957. /s/ John D. Odom Representative, Camden County. Sworn to and subscribed before me this 12 day of Feb., 1957. /s/ Frank H. Edwards Notary Public Notary Public, Georgia, State at Large My Commission expires October 14, 1959. (Seal). Approved March 5, 1957. CITY OF SAVANNAH PENSION SYSTEM. No. 151 (House Bill No. 468). An Act to create a new pension system for the employees of the Mayor and Aldermen of the City of Savannah, Page 2311 to create a pension board to administer the pension systems for said employees and for other purposes. Preamble. Whereas, steps have been taken by The Mayor and Aldermen of the City of Savannah to extend to its employees and to the dependents and survivors of such employees the basic protection accorded to others by the old-age and survivors insurance system embodied in the Social Security Act, and Whereas, it is the intention of The Mayor and Aldermen of the City of Savannah to provide that its employees subject to the provisions of this act will receive the benefits provided by this act in addition to the retirement, survivors and disability benefits guaranteed by the Social Security Act, so that in every case or normal retirement an employee desiring and being eligible to retire under the provisions of this act will receive a pension of a greater monetary value than that provided by the pension system for said employees heretofore enacted. Now, therefore, be it enacted by the General Assembly of the State of Georgia, and it hereby is enacted by the authority of the same: Section 1. New Pension System Created. There is hereby created a supplemental pension system for employees of the Mayor and Aldermen of the City of Savannah which system shall apply to all such employees who are eligible for benefits provided under the Social Security Act, (42 USCA, Ch. 7), and (1) who enter or re-enter the employ of the Mayor and Aldermen of the City of Savannah subsequent to the effective date of this act, or (2) who entered the employ of the Mayor and Aldermen of the City of Savannah subsequent to March 1, 1956, and who have waived their rights under the pension laws heretofore adopted, or (3) who have expressed or shall express an irrevocable decision to receive the Page 2312 benefits of said Social Security Act and of the pension system hereby created. Section 2. A. Both the supplemental pension system hereby created and the pension system of the Mayor and Aldermen of the City of Savannah heretofore created shall be administered by a board to be known as the pension board, the members of which shall be appointed by the Mayor and Aldermen of the City of Savannah, and the membership of which shall consist of six (6) persons, to wit: one alderman of the city of Savannah who shall serve during the term of office for which he is elected, the director of finance of the City of Savannah, one city employee who is subject to the provisions of this act and of the Savannah Civil Service Act, two citizens of Savannah who are not connected with the city government, and the city manager, who, however, shall not be entitled to vote. One of said members shall be a practicing physician of high standing. B. Said city employee shall serve an initial term of one year and until his successor is duly appointed. One of said citizens of Savannah shall serve an initial term of two years, and the other three years, and until their successors are duly appointed. Following said initial terms, each of said terms shall be for three years. Section 3. Definitions. As used herein, unless otherwise defined or required by the context, the following words and phrases shall have the meanings indicated: City: The Mayor and Aldermen of the City of Savannah. Employee: Any person regularly employed by the city whose customary employment is for an aggregate period of at least five (5) months in any calendar year and is for at least twenty (20) hours per week. Board: The pension board as hereinabove designated. Continuous Service: Uninterrupted service by an employee Page 2313 from the date he last entered employment of the city until the date his employment shall be terminated by death, retirement, resignation or discharge; provided, however, the continuous service of any employee shall not be deemed to be interrupted by: A. Any leave of absence or vacation authorized by the city. B. Any service in the Armed Forces of the United States in the time of war or national emergency, provided the employee was employed by the city immediately prior to entry into such Armed Forces and further provided the employee returns to employment with the city within ninety days of the date on which he is eligible to be honorably discharged from such service or within such longer period as may be provided by the laws of the United States applicable thereto. C. Continuous Service shall be calculated in years and months, with periods less than a full months disregarded. Annual Regular Earnings: As to all employees the total salary of regular wages (excluding overtime, or other compensations not part of the set scale for an established normal working period) paid by the city to an employee during a calendar year. Average Regular Earnings: The arithmetical average of annual regular earnings of an employee during the five calendar years immediately preceding the year in which his normal retirement date occurs, if the employee was employed by the city during all of such five calendar years. If the employee was not employed by the city during all of such period, the arithmetical average shall be calculated upon the annual regular earnings during the number of full calendar years less than five during such period when he was so employed. Anniversary Date: The anniversary of the effective date of this act in each year subsequent to such effective date. Page 2314 Section 4. Eligibility. A. Each employee in the service of the city on the effective date hereof who has expressed a decision as provided in sec. 1, supra, and each employee employed subsequent to the effective date hereof, who is eligible for benefits under the Social Security Act, shall receive the benefits provided by this act. B. No employee shall be entitled to receive any benefits hereunder unless he has had a minimum of ten years continuous service with the city upon the arrival of his normal retirement date. Section 5. Retirement Date: A. Normal Retirement Date. The normal retirement date of an employee subject to the provisions of this act shall be determined by the provisions of the Social Security Act. Employees subject to the provisions of this act shall retire from the employment of the city on his normal retirement date except as otherwise provided in paragraph B of this section. B. Delay of Actual Retirement. At the request of the city, and with the consent of the employee, an employee subject to the provisions of this act may remain in the active employ of the city or may be restored to such employment after his normal retirement date for such period or periods as from time to time may be mutually agreed upon. Such continuation of employment or re-employment, shall not, however, preclude such employee from receiving the retirement benefit to which he has become entitled under the provisions of this act on his normal retirement date. After the arrival of his normal retirement date, however, no additional benefits shall accrue hereunder. Section 6. Retirement benefit. A. City Retirement Benefits. An employee subject to the provisions of this act shall, upon his normal retirement date, receive a monthly retirement Page 2315 benefit which shall commence on such normal retirement date and shall be continued on the first day of each month thereafter during his lifetime. The amount of each such monthly retirement benefit of any such employee who has had not less than ten years of continuous service shall be 1/12 of the total of (a) and (b) following: (a) 1/4 of one percent of the first $1,200.00 of his average regular earnings multiplied by the number of years of continuous service with the city. (b) 1 percent of the next $3,000.00 of his average regular earnings multiplied by the number of years of continuous service with the city. B. Maximum City Retirement Benefits. (a) The maximum supplemental benefit to be paid pursuant to the provisions of this act shall be $68.75 per month. (b) Employees subject to the provisions of this Act shall receive the benefits of this Act and of the Social Security Act and shall receive no other retirement or pension benefits from the Mayor and Aldermen of the City of Savannah. C. City Retirement Benefits on Total Disability. Any employee subject to the provisions of this Act who has had at least ten years of continuous service and who has become totally disabled within the meaning of the Social Security Act, shall be entitled to receive any benefits to which he would otherwise be entitled hereunder on such date, prior to his normal retirement, as he may become entitled to disability benefits under the provisions of the Social Security Act. Section 7. Death or Termination of Employment. Upon the termination of an employee's employment under the terms of this act before retirement and upon the Page 2316 death of an employee subject to the provisions of this act before or after his retirement, all rights of such employee under the provisions of this act shall terminate. Section 8. Funding. The entire cost of the retirement benefit payable under this act shall be borne by the city of Savannah, and no contributions shall be required from employees subject to the provisions of this act for any benefits payable hereunder. Section 9. All laws and parts of laws in conflict herewith are hereby repealed. Section 10. There is hereto attached 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. 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 Legal Notice. State of Georgia, Chatham County: Notice of Intention to Apply for Legislation: Notice is hereby given of the intention to apply for legislation to establish a new pension system for the Page 2317 employees of the Mayor and Aldermen of the City of Savannah. Edwin Maner, Jr., City Attorney. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 26-February 1-7, 1957. /s/ Helen Pope. Sworn to and subscribed before me this 7th day of February, 1957. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal). Approved March 5, 1957. ROME CHARTER AMENDEDLIMITS EXTENDED. No. 152 (House Bill No. 438). 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 Page 2318 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 city limits and boundaries of the City of Rome, and in the County of Floyd, State of Georgia, to-wit: City limits extended. Tract 1. All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at the southerly line of June Lane where the present city limit line of the City of Rome now intersects said southern boundary of June Lane; thence running easterly along the southerly line of June Lane to the east line of Michael Street; thence north along the east line of Michael Street to the present city limit line of the City of Rome, said area is in the shape of a square and at present is bounded on the south by June Lane, on the east by Michael Street, on the north by the city limit line and on the west by the city limit line. Said property being a part of the ninth ward of the City of Rome. Tract II. All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the northerly line of the Billy Pyle Road, said point being the southwest corner of Cherokee Acres subdivision and also being as southwest corner of the Rome City Limits; thence running westerly along the northerly line of the Billy Pyle Road a distance of 955 feet, more or less, to the center line of the Branch of Horseleg Creek; thence northerly to the southern line of the Alabama Road and the southwest corner of the present city limits of Rome located on the southerly line of said Alabama Road. Page 2319 Said property being a part of the ninth ward of the City of Rome. Section 2. Be it further enacted by the authority aforesaid that this Act shall become effective upon the first day of April, 1957. 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..... Ninth Ward Tract II..... 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. 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 be Introduced for passage by the General Assembly of Georgia, 1957 Session. To whom it may concern: Notice is hereby given that there will be introduced in the General Assembly of Georgia at the 1957 session a bill to amend the charter of the City of Rome to provide for the annexation of the following described property to the City of Rome: Tract I. All that tract or parcel of land situated, lying and Page 2320 being in Floyd County, Georgia and being more particularly described as beginning at the southerly line of June Lane where the present city limit line of the City of Rome now intersects said southern boundary of June Lane; thence running easterly along the southerly line of June Lane to the east line of Michael Street; thence north along the east line of Michael Street to the present city limit line of the City of Rome, said area is in the shape of a square and at present is bounded on the south by June Lane, on the east by Michael Street, on the north by the city limit line and on the west by the city limit line. Said property being a part of the ninth ward of the City of Rome. Tract II. All that tract or parcel of land situated, lying and being in Floyd County, Georgia and being more particularly described as beginning at a point on the northerly line of the Billy Pyle Road, said point being the southwest corner of Cherokee Acres subdivision and also being a southwest corner of the Rome City Limits; thence running westerly along the northerly line of the Billy Pyle Road a distance of 955 feet, more or less, to the center line of the Branch of Horseleg Creek; thence northerly to the southern line of the Alabama Road and the southwest corner of the present city limits of Rome located on the southerly line of said Alabama Road. Said property being a part of the ninth ward of the City of Rome. This notice is given in compliance with Article 3, Section 14, paragraph XV of the Constitution of Georgia of 1945. City of Rome By: Secretary, Rome City Commission January 4, 11, 18. Page 2321 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 8 day of Feb., 1957. /s/ J. Battle Hall Sworn to and subscribed before me, this 8 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. Notarial Seal. Approved March 5, 1957. CORNELIA CHARTER AMENDED. No. 153 (Senate Bill No. 70). An Act to amend an Act incorporating the Town of Cornelia, approved October 22, 1887 (Ga. L. 1886-87, Vol. II, p. 571), as amended, particularly by an Act approved August 20, 1927 (Ga. L. 1927, p. 981) by providing for a proceeding relative to validating street-improvement bonds which may be or shall have been issued by said town; to repeal conflicting laws; and for other purposes. Page 2322 Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Cornelia, approved October 22, 1887 (Ga. L. 1886-87, Vol. II, p. 571), as amended, particularly by an Act approved August 20, 1927 (Ga. L. 1927, p. 981), is hereby amended by adding, after section 44 of the amendatory Act heretofore cited, seven new sections which shall be known as sections 44A, 44B, 44C, 44D, 44E, 44F, and 44G, to read as follows: Section 44A. Any time within 60 days after the assessments shall be finally determined and fixed as hereinbefore provided for, the commission may file a petition in the Superior Court of Habersham County, wherein shall be alleged the fact of the passage and approval of the ordinance, and a copy thereof, the street or part of a street affected thereby, the character of paving or other improvement intended, and the approximate estimate of the cost. Said petition shall allege that the ordinance is authorized by law, and that it will create a lien on all real property abutting on such street or part of a street, for the payment by the owner of each lot or parcel of land so abutting, of the pro rata share of expense assessed to each said or parcel of land, as well as on any street or other railroad therein, if any such there be, and shall pray for a judgment by the court declaring such ordinance valid, legal, and binding, and that the liens be set up as alleged. It shall not be necessary in such petition to allege the names of the owners of the abutting property or railroads to affected, but it shall be sufficient to describe the street or portion thereof to be improved, and to indicate, as hereinbefore provided, that the property on said street is to be charged with the expense. Legality of ordinances, how tested. Section 44B. At or before the filing of such petition, Page 2323 the same shall be presented to the Judge of the Superior Court of Habersham County, who shall thereupon pass an order calling upon all persons owning or interested in the real estate abutting on said street, or on the designated part thereof, to show cause, at a time and place to be in said order named, why the prayer of the petition should not be granted and the ordinance and assessments declared valid and the liens be fixed as legal and binding, which time shall not be less than 30 nor more than 60 days later, and either in term time or vacation, and either in open court or at chambers. It shall thereupon be the duty of the clerk to publish once a week for four weeks, in the official newspaper of Habersham County, a statement of the case and a copy of said order. Same. Section 44C. At the time and place named, or at such other time and place as the hearing may be adjourned to, any person interested shall be heard to show cause in writing, which writing shall be filed with the clerk, why the prayer should not be granted. The court shall hear all questions of law or fact, and all competent evidence may be offered as in other cases; and the court shall thereupon pass an appropriate order finding and adjudging that said ordinance is lawful and valid and said liens legal and binding, or otherwise, as the law and facts may warrant. Same. Section 44D. The commission or any person appearing and who may be dissatisfied with said judgment, may within 10 days file a bill of exceptions and carry the matter up to the Supreme Court or the Court of Appeals, as the case may be, for review as in cases of interlocutory injunction. Same. Section 44E. If the final judgment of the Superior Court shall be in favor of the validity of the ordinance and of the liens claimed, the same shall forever be conclusive, and said matters so determined shall never be thereafter drawn in question in any court. Same. Section 44F. Bonds issued under the provisions of Page 2324 this Act after such judgment shall have written or stamped thereon the words `Validated and confirmed by judgment of the Superior Court', specifying also the date when such judgment was rendered and the court wherein it was rendered, which shall be signed by the clerk of the said Superior Court, and said entry shall be original prima facie evidence of the fact of such judgment, and receivable as such in any court of this State. Section 44G. In any case in which such bonds have been heretofore issued by the City of Cornelia under the authority of an Act approved August 20, 1927 (Ga. L. 1927, p. 981), it shall be lawful to validate the same and fix the assessments by final judgment of the Superior Court under like proceedings and with like effect: Provided, however, that before the City of Cornelia shall institute such proceedings in such cases, the holder or holders of such bonds of any part thereof shall give to the city good and sufficient bond and security to indemnify and hold harmless the city against any court costs or other expenses incident to such validation proceedings, the sufficiency of such bond and the security to be approved by the chief executive officer of the city. Same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. ROOPVILLE CHARTER AMENDED. No. 154 (House Bill No. 526). An Act to amend the charter of the Town of Roopville, Carroll County, Georgia, approved October 7, 1885, (Acts of 1884-5, p. 391), and Acts amendatory thereto, by providing for the election of the mayor and councilmen bi-ennially for two-year terms, and to provide for the levy and collection of a property tax not exceeding 15 mills, and for other purposes. Page 2325 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 charter of the Town of Roopville, Georgia, be, and the same is hereby amended, changed and modified as follows: Section 1. That the mayor and councilmen be elected bi-ennially on the first Wednesday of October for terms of two years, the first election to be held on the first Wednesday of October, 1957, and bi-ennially thereafter. The present mayor and councilmen shall continue in office until their successors are duly elected and qualified. Elections. Section 2. Be it further enacted, that the mayor and councilmen shall be empowered to levy and collect a property tax, not exceeding 15 mills, upon all taxable property, real and personal, within the corporate limits of said town. Property taxes. Section 3. Be it further enacted, that the mayor and council shall have full power and authority to require any and every person, firm, company or corporation, whether resident or non-resident of said town, who may engage in, prosecute or carry on any trade, business, calling, vocation or profession within the corporate limits of said town, by themselves or by their agents, to register their names, business, calling, vocation or professions annually, and to require said persons, firm, company or corporation to pay for said registration and for a license to prosecute, carry on or engage in such business, calling or profession, such amount as the mayor and council shall prescribe by ordinance for any one calling; provided, that there shall be a separate license for each business, calling or vocation, and no person securing a license for any particular business, calling or vocation shall be allowed to carry on any other business, calling Page 2326 or license thereunder, or at any other place of business, than at the place for which granted. The mayor and council may provide by ordinance for the punishment of all persons, firms, companies, or corporations required by ordinance to register and secure and pay for said licenses, who fail to register, take out and pay for the license, or who engage in or attempt to engage in, such business, profession or occupation before compliance with the provisions of such ordinances. Business license taxes. Section 4. Be it further enacted that all laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that legislation will be introduced in the 1957 session of the General Assembly of the State of Georgia to amend the charter of the Town of Roopville, Georgia, to provide for the bi-ennial election of a mayor and council, and to increase the authorized rate of taxation to 15 mills. 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 above Notice of Intention to Apply for Local Legislation was published in said newspaper on the 10th, 17th and 24th days of January, 1957, as provided by law. /s/ Stanley Parkman. Sworn to and subscribed to before me, this 12 day of February, 1957. /s/ Dorothy Williamson Notary Public, Georgia, State at Large Page 2327 My Commission expires Jan. 9, 1959. (Seal). Approved March 5, 1957. SCHLEY COUNTY COMMISSIONERS. No. 155 (House Bill No. 448). An Act to amend an Act creating a Board of Commissioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December 13, 1871 (Ga. L. 1871-72, p. 225), as amended, particularly by an Act providing for the election of the Board of Commissioners of Roads and Revenues of Schley County by the people of the county as divided into several districts, approved February 5, 1951 (Ga. L. 1951, p. 2229) so as to provide for the election of the Board of Commissioners of Roads and Revenues of Schley County from the district or district and section of their residence but by the voters of the entire 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 in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, approved December 13, 1871, (Ga. L. 1871-72, p. 225), as amended, particularly by an Act providing for the election of the Board of Commissioners of Roads and Revenues of Schley County by the people of the county as divided into several districts, approved February 5, 1951 (Ga. L. 1951, p. 2229), is hereby amended by striking section 1 in its entirety from the amendatory Act herein cited and by substituting in lieu thereof a new section 1 to read: Section 1. The County of Schley shall be divided into districts and sections for the purpose of electing the Page 2328 Board of Commissioners of Roads and Revenues. The voters of the entire county shall vote on all candidates for commissioners but persons becoming candidates for commissioners shall become candidates for commissioners for the particular district or district and section in which they reside, the number of commissioners to be elected from each district or district and section to be as follows: Election of commissioners. (a) Two from Militia District, No. 961, known as the Ellaville Militia District, which district shall be divided into 2 sections. One being that section of said district which lies within the city limits of Ellaville and which shall be known as section 1 of the Ellaville Militia District and the other being that section of said district which lies outside the city limits of Ellaville and shall be known as section 2 of the Ellaville Militia District, and the people of the county shall vote for one commissioner from each section. (b) One from Militia District No. 882, known as the LaCrosse Militia District. (c) One from Militia District No. 785, known as the Lickskillet Militia District. (d) One from Militia District No. 946, known as the Patton Hill Militia District. Section 2. Nothing contained in this Act shall be construed to interfere with the terms of the commissioners now in office nor shall it be construed to alter their powers or duties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. February 9, 1957. To Whom It May Concern: This is to certify that a legal notice, entitled Notice of Intention to Introduce Legislation, concerning a Page 2329 change in the method of electing Schley County Board of Commissioners, and signed by B. E. Pelham and P. L. Gill, appeared in our issues of January 24, January 31 and February 7. /s/ Raymond Duncan Raymond Duncan, Editor Ellaville Sun. Legal Notice. Notice of Intention to Introduce Legislation. Notice is hereby given that it is our intention to introduce at the 1957 session of the General Assembly of Georgia, a bill to provide that the County Commissioners of Schley County shall reside in districts as presently constituted, but shall be elected by the voters of the entire county; and for other purposes. B. E. Pelham, Rep. P. L. Gill, Senator Approved March 5, 1957. COBB COUNTY TAX COMMISSIONERS. No. 156 (House Bill No. 233). An Act to amend an Act relating to the abolition of the office of tax collector and tax receiver in Cobb County and the consolidation of said offices into the office of tax commissioner, approved February 17, 1949 (Ga. L. 1949, p. 790) as amended, particularly by an Act approved February 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2554), by changing the salary of the city clerk of the tax commissioner; to repeal conflicting laws; and for other purposes. Page 2330 Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the abolition of the offices of tax collector and tax receiver in Cobb County and the consolidation of said offices into the office of tax commissioner, approved February 17, 1949 (Ga. L. 1949, p. 790) as amended, particularly by an Act approved February 12, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2554), is hereby amended by striking from section 3 the figure $5,280.00 and substituting in lieu thereof the figure $6,780.00 so that section 3 as amended will read as follows: Section 3. That the salary of said tax commissioner shall be $8,250.00 per annum to be paid monthly from the funds in the county treasury. The tax commissioner shall be allowed one chief clerk whose salary shall be $6,780.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of Tax Commissioner of Cobb County shall on the date of his qualifying for such office in either a primary or general election, certify to the Ordinary of Cobb County the name of the person he shall appoint as his chief clerk in the event he is elected to the office of Tax Commissioner of Cobb County, and the person so named and certified by the successful candidate for such office shall serve as the chief clerk during the term for which he was so named. In the event of the death or removal from office of said chief clerk the Tax Commissioner of Cobb County shall have thirty days from said date of death or removal from office of said chief clerk to certify to the Ordinary of Cobb County the name of the chief clerk to be appointed by him. Salary of chief clerk of tax commissioner. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication Georgia, Cobb County. Personally appeared before the undersigned officer, in and for said State and county, Margaret H. Smith, Page 2331 who after being duly sworn, deposes and states upon oath that she is the comptroller of the Marietta Daily Journal, a newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in said newspaper in issues dated December 14th, 21st and 28th, 1956: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill to amend the Act entitled, An Act to abolish the offices of tax collector and tax receiver in the County of Cobb; to consolidate the offices of tax receiver and tax collector of Cobb County; to create the office of county tax commissioner of Cobb County;... and for other purposes. approved February 17, 1949 (Ga. L. 1949, p. 790) and the several acts amendatory thereof. This December 12, 1956. Eugene W. Holcombe Fred D. Bentley Harold S. Willingham Raymond M. Reed This 22nd day of January, 1957. /s/ Margaret H. Smith Comptroller, Marietta Daily Journal. Sworn to and subscribed before me this 22nd day of January, 1957. /s/ Yvonne Harrison Notary Public, Cobb County, Georgia. (Seal). Approved March 5, 1957. Page 2332 TOWN OF JASPER CHARTER AMENDEDREFERENDUM. No. 157 (Senate Bill No. 103). An Act to amend an Act to amend, consolidate and supersede the Acts incorporating the Town of Jasper, in the County of Pickens, and creating a new charter for said town, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), so as to change the corporate limits of said town; to provide a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend, consolidate and supersede the Acts incorporating the Town of Jasper, in the County of Pickens, and creating a new charter for said town, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), is hereby amended by striking from section 1 the words the inhabitants of the territory now embraced in the corporate limits of, and by striking therefrom the word are and inserting in lieu thereof the word is, so that section 1, as so amended, shall read: Section 1. Be it enacted by the General Assembly of Georgia and it is hereby enacted by the authority aforesaid, that from and after the passage of this Act the Town of Jasper, County of Pickens, and State of Georgia, be and is hereby incorporated under the name and style of the Town of Jasper. Section 2. Said Act is further amended by striking Section 51 in its entirety and in lieu thereof inserting the following: The corporate limits of the Town of Jasper shall include all that area embraced within a three mile square area with the center of the courthouse of Pickens County being the center thereof and the north and south Page 2333 boundary running east and west, and the east and west boundary running north and south, being that same area embraced in the following description: City limits. Beginning at the center of the courthouse of Pickens County, and running due north for 1 miles; thence due west 1 miles; thence due south 3 miles; thence due east 3 miles; thence due north 3 miles; and thence due west 1 miles to the point that is 1 miles due north of the center of the courthouse of Pickens County. Section 3. Not less than fifteen nor more than thirty days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Pickens County, as to the area in Pickens County outside the existing corporate limits of the Town of Jasper proposed to be annexed, and it shall be the duty of the mayor of the Town of Jasper, as to the Town of Jasper, to issue the call for an election for the purpose of submitting this Act to the voters of the area of Pickens County outside the existing corporate limits of the Town of Jasper proposed to be annexed and to the voters of the Town of Jasper for approval or rejection in both areas. The ordinary and the mayor shall set the date of such election for April 17, 1957. The ordinary and 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 Pickens County and the official gazette of the Town of Jasper, respectively. The ballot shall have printed thereon the words: Referendum. For approval of the Act extending the corporate limits of the Town of Jasper. Against approval of the Act extending the corporate limits of the Town of Jasper. 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 the majority of the votes cast on such question in both the Page 2334 Town of Jasper and in the area of Pickens County outside the existing corporate limits of the Town of Jasper proposed to be annexed are for approval of the Act, then it shall become of full force and effect. If less than the majority of the votes cast in either the Town of Jasper or in the area of Pickens County outside the corporate limits of the Town of Jasper proposed to be annexed are for approval of the Act, then it shall be void and of no force and effect. The expense of such election in the proposed area outside the corporate limits proposed to be annexed shall be borne by Pickens County. The expense of such election in the Town of Jasper shall be borne by the Town of Jasper. It shall be the duty of the ordinary and the mayor to hold and conduct such election in their respective areas. It shall be the duty of the ordinary and the mayor to canvass the returns and declare and certify the results of the respective elections. It shall be the further duty of the ordinary of Pickens County to certify the results of the elections to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CITY OF ATLANTA CHARTER AMENDED. No. 158 (Senate Bill No. 175). 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 Page 2335 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. That said Act, as amended by the Act approved March 9, 1956 (Ga. L. 1956, p. 3368-3375, Volume II Local and Special Acts and Resolutions) be amended by striking paragraph a. of Section 10 thereof, which reads as follows: 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., and by enacting in lieu thereof the following: Municipal court employees. a. Clerks and all other employees of the Municipal Court Traffic Division not specifically excluded by law shall be in the classified service of the civil service of the City of Atlanta. They shall be appointed by the presiding judge in accordance with the civil service act. Clerks shall be bonded in an amount determined by the mayor and board of aldermen. Section 3. That said Act, as amended by the Act approved March 9, 1956 (Ga. L. 1956, p. 3368-3375, Volume II Local and Special Acts and Resolutions) be amended by striking paragraph a. of section 11 thereof, which reads as follows: 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 Page 2336 by the mayor and board of aldermen., and by enacting in lieu thereof the following: a. The bailiffs and constables for the Municipal Court Traffic Division shall be in the classified service of the civil service of the City of Atlanta. They shall be appointed by the presiding judge in accordance with the civil service act. Section 4. None of the provisions of this Act shall apply to the Municipal Court General Division. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. GLYNN COUNTYTAXES. No. 159 (Senate Bill No. 76). An Act to repeal an Act entitled An Act to authorize the board of commissioners of roads and revenues of the county of Glynn, State of Georgia, to assess and have collected annually for educational purposes a special ad valorem tax upon the taxable property in the limits of said county, under section four, article eight of the constitution of Georgia, and for other purposes., approved October 13, 1885 (Ga. L. 1884-85, p. 602); 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 board of commissioners of roads and revenues of the county of Glynn, State of Georgia, to assess and have collected annually for educational purposes a special ad Page 2337 valorem tax upon the taxable property in the limits of said county, under section four, article eight of the constitution of Georgia, and for other purposes., approved October 13, 1885 (Ga. L. 1884-85, p. 602), is hereby repealed in its entirety. 1885 Act repealed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CHATHAM COUNTYCORONER'S SALARY. No. 160 (House Bill No. 481). An Act to prescribe and establish compensation and/or salary for the Coroner of Chatham County, Georgia; to prescribe the method of paying the said compensation and/or salary; to repeal all laws in conflict herewith and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. From and after the approval of this Act, the salary and/or compensation of the Coroner, Chatham County, Georgia shall be two thousand seven hundred ($2,700.00) dollars per year. Coroner's salary. Section 2. Said salary shall be paid to said coroner out of the county funds and/or county treasury by the county commissioners and ex-officio judges of Chatham County on a monthly basis. Section 3. There is attached hereto and made a part hereof, an affidavit and notice of intention to apply for local legislation. Page 2338 Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Chatham. Personally appeared before me, the undersigned attesting officer, Frank S. Cheatham, Jr., Edgar P. Eyler, and Edward T. Brennan, affiants, who after being duly sworn depose and say on oath that they are the sponsors of the bill to which this affidavit is attached, and that the above and foregoing notice of intention to introduce local legislation was published in the Savannah Evening Press, which said newspaper is the official organ of Chatham County, Georgia, on December 22, 1956, December 29, 1956 and January 5, 1957. /s/ Frank S. Cheatham, Jr. (L. S.) Frank S. Cheatham, Jr. /s/ Edgar P. Eyler (L. S) Edgar P. Eyler /s/ Edward T. Brennan (L. S.) Edward T. Brennan Sworn to and subscribed before me this 11 day of February, 1957. /s/ Frances Y. Read, Fulton Co. Notary Public, State at Large. 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 Page 2339 Notice of Local Bill. Notice is hereby given to the public that, in the next regular session of the General Assembly of Georgia, commencing in January, 1957, there will be introduced a special bill to fix the salary of the Coroner of Chatham County, Georgia. Frank S. Cheatham, Jr. Edgar P. Eyler, Edward T. Brennan. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 19-26-February 2, 1957. /s/ Helen Pope. Sworn to and subscribed before me this 9th day of February, 1957. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal). Approved March 5, 1957. SPALDING COUNTY ORDINARY. No. 161 (House Bill No. 490). An Act to authorize the Ordinary of Spalding County to employ clerical help and to provide the compensation therefor; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Ordinary of Spalding County is hereby authorized to employ clerical help to assist him in his duties, and to fix the compensation therefor. Such Page 2340 compensation shall come from the funds of Spalding County, but the entire amount of such compensation shall not exceed $1,200.00 per annum. 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 at the January, 1957, session of the Georgia General Assembly, a bill will be presented to provide clerical assistance for the Court of Ordinary, Spalding County, Georgia, and for other purposes. George C. Imes, Jr., Ordinary. 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: January 12, 1957, January 16, 1957 and January 21, 1957. /s/ Arthur K. Bolton /s/ Frank P. Lindsey, Jr. Representatives, Spalding County. Sworn to and subscribed before me this 11th day of February, 1957. /s/ John J. Nilan Notary Public, Muscogee County, Georgia. Approved March 5, 1957. Page 2341 CITY OF SPARTA CHARTER AMENDED. No. 162 (Senate Bill No. 147). An Act to amend an Act creating a new charter for the City of Sparta, approved August 7, 1905 (Ga. L. 1905, p. 1155) as amended particularly by an Act approved August 10, 1910 (Ga. L. 1910, p. 1160) so as to change the ad valorem tax rate; to provide 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 Sparta, approved August 7, 1905 (Ga. L. 1905, p. 1155) as amended particularly by an Act approved August 10, 1910 (Ga. L. 1910, p. 1160) is hereby amended by striking from section 17 of said Act the word one and substituting in lieu thereof the words one and one-fourth, so that when amended, said section will be read as follows: Section 17. Be it further enacted by the authority aforesaid, That said mayor and aldermen shall have power to levy and collect an ad valorem tax of not exceeding one and one-fourth per cent. upon all the property, both real and personal, in said city and upon all franchises exercised therein, and may adopt such measures in their discretion as shall secure the fair and equitable return of all property for taxation, and may in their discretion appoint tax assessors, whose duty it shall be to assess all property in said city for taxation at a fair cash valuation. They shall have power to require all persons within said corporate limits who are subject to road duty under the law of this State to work on the streets of the city, or they may prescribe a commutation tax in lieu thereof not to exceed three dollars per annum. They shall have power to levy a special or license tax upon all kinds of business, callings, professions or occupations carried on within said city, and upon all shows, exhibitions and performances carried on for gain; upon all peddlers or itinerant venders, insurance and machine Page 2342 agents and book agents; upon all livery stables, hacks, drays or other vehicles kept for hire; stallions, jacks, or bulls kept for breeding, hotels, restaurants, beef markets and green groceries, lunch counters, dealers in fish and oysters, barber shops, saloons, dealers in spirituous and intoxicating and malt liquors, or other drugs, or liquids, which, if taken to excess will produce intoxication, in case the same shall become authroized in said city, by the laws of this State, may regulate the conduct of all such businesses by ordinance, and prescribe the manner of collecting such special license, or tax, and prescribe penalties against any one exercising any of such privileges in said city, without having first paid said tax, or procured said license. Ad valorem tax rate. Section 2. Not less than 30 nor more than 90 days after the date of the approval of this Act by the Governor, it shall be the duty of the mayor of the City of Sparta to issue the call for an election for the purpose of submitting this Act to the voters of the City of Sparta for approval or rejection. The mayor shall set the date of such election for a day not less than 30 nor more than 90 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 Hancock County. The ballot shall be provided by the mayor and council of the City of Sparta and shall have printed thereon the words: Referendum. For approval of the Act to change the ad valorem tax rate. Against approval of the Act to change the ad valorem tax rate. 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 the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on Page 2343 such question are 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 Sparta. Said election shall be held, conducted and superintended as provided in section 5 of the charter of the City of Sparta as the same appears in the Acts of 1905, page 1156-1157 and the results shall be canvassed and declared as therein provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CITY COURT OF REIDSVILLE. No. 163 (Senate Bill No. 128). An Act to amend an Act establishing the City Court of Reidsville, approved August 22, 1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2285), and an Act approved February 15, 1952 (Ga. L. 1952, p. 2835), so as to provide for a portion of all fines and forfeitures over and above court costs in each case to be paid directly to the county commissioners of Tattnall County; to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the City Court of Reidsville, approved August 22, 1905 (Ga. L. 1905, p. 335), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 2285), and an Act approved February 15, 1952 (Ga. L. 1952, p. 2835), is amended by striking from section 4 thereof, the words Page 2344 The judge of said court shall receive a salary of two thousand dollars per year, which shall not be increased or diminished during his continuance in office, except as to apply to a subsequent term, and and inserting in lieu thereof the words, The judge of said court shall receive an annual salary to be fixed by the county commissioners of Tattnall County, which shall be not less than three thousand dollars ($3,000.00) and not greater than five thousand dollars ($5,000.00) per year, and so that said section as amended hereby shall read as follows: Judge's salary. Section 4. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be elected by the qualified voters of the county of Tattnall, who shall hold his office for the term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when a judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections, and shall serve until the election and qualification of his successor. The first election for said judge shall be held at the general election in October, 1910, under the same rules and regulations governing the election of members of the General Assembly; and the judge elected on said date shall go into office on the first day of January, 1911, and hold his office for a period of four years, and until his successor is elected and qualified. His successor shall be elected at the general election for members of the General Assembly every four years thereafter, and go into office on the first day of January after he is elected. Immediately after this Act is approved by the Governor of this State, the said Governor shall appoint a judge of said court to serve from the time of his appointment until the first day of January, 1911. The said appointment shall be with the advice and consent of the Senate; provided, that the Senate is in session, and if it is not in session, there shall be a vacation appointment to hold until the next session of the Senate. The qualification of said judge shall be that he Page 2345 has been a practicing attorney for two years, and a resident of Tattnall county for four years immediately preceding his appointment, or election as judge of said court, and shall, before entering upon the discharge of his duties, take and subcribe the following oath: `I do solemnly swear that I will administer justice without respect of person, and do equal justice alike to rich and poor, and that I will faithfully and impartially perform and discharge all duties which may be required of me as judge of city court of Reidsville, of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State and the Constitution of the United States; so help me, God,' which oath shall be filed with the executive department. The judge of said court shall receive an annual salary to be fixed by the County Commissioners of Tattnall County, which shall be not less than three thousand dollars ($3,000.00) and not greater than five thousand dollars ($5,000.00) per year, and which shall be paid monthly by the treasurer of Tattnall county out of funds in his hands for paying the current expenses of said county. The judge of said court shall receive no other compensation for his services. He shall not be permitted to practice law in his own court, but he may practice in any other court. Section 2. Said Act is further amended by striking Section 43 thereof in its entirety, and inserting in lieu thereof a new section, which shall read as follows: Section 43. Be it enacted by the authority aforesaid, that twenty-five percent (25%) of moneys arising from fine, forfeitures, forfeited recognizances and convict hire arising in said city court, over and above the court costs in case, shall belong to the county commissioners of Tattnall County. It shall be the duty of said city court to keep a record of all such moneys collected, and once every three months, at the beginning of a quarter, he shall make settlement with the county commissioners for the portion of such moneys in his hands belonging to said county. The remaining seventy-five per cent (75%) of such moneys, shall be paid to the solicitor, Page 2346 the sheriff and the clerk of said court, to be applied on their insolvent cases. Fifty per cent (50%) of such remainder shall go to the solicitor, twenty-five per cent (25%) to the sheriff, and twenty-five per cent (25%) to the clerk. Disposition of funds. Section 3. The provisions of this Act shall become of full force and effect on and after January 1, 1958. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CITY OF LAWRENCEVILLE CHARTER AMENDEDAD VALOREM TAX RATE. No. 164 (Senate Bill No. 170). An Act to amend an Act creating a new charter for the City of Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, so as to change the ad valorem tax rate; 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 Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, is hereby amended by striking from section 32 of said Act, the words one dollar and substituting in lieu thereof the words and figure one and twenty-five hundredths ($1.25) dollars, so that said section, when amended, will read as follows: Section 32. Be it further enacted by the authority aforesaid, That the mayor and council of said city shall have full power and authority for the assessment, levying Page 2347 and collecting for an ad valorem tax on all real and personal property including money, notes, bonds and other evidences of indebtedness, money used for banking and every other species of property in said city, or owned or held therein if not exceeding one and twenty-five hundredths ($1.25) dollars on one hundred dollars as now authorized by law; and for the purpose of providing for a sinking fund for the payment of any bonds heretofore issued, or that may hereafter be issued by said city authorities, and to provide a fund for the payment of the annual interest of said bond, a greater ad valorem tax may be levied and collected; said mayor and council shall have power to provide by ordinance for the return of all taxable property in said city, and to provide penalties for the neglect or refusal to comply with the same. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CITY OF EAST POINT CHARTER AMENDEDCITY LIMITS EXTENDED. No. 165 (Senate Bill No. 86). An Act to amend an Act establishing a new charter for the City of East Point, in Fulton County, approved August 19, 1912, (Ga. L., 1912, p. 862, et seq.) 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: Section 1. All of that area of Fulton County in land Page 2348 lot 219 of the 14th District of said county within the following boundary lines is hereby incorporated in and annexed to the City of East Point as a part of the first ward thereof, to-wit: City limits extended. Beginning at the southeast corner of land lot 219 and running thence north along the east line of said land lot 219 and the present western city limit line of the City of East Point a distance of 550 feet; thence south-westwardly 2850 feet to the west line of said land lot 219 at a point two hundred (200) feet north of the southwest corner of said land lot; thence south along the west line of said land lot 200 feet to the southwest corner of said land lot; thence east along the south line of said land lot a distance of 2800 feet, more or less, to the southeast corner of said land lot and the point of beginning. Section 2. That all of the government, laws, ordinances, rules and regulations, jurisdiction, rights, powers and authority of said City of East Point and of all of its departments, agencies, and authorities and all of the duties, obligations, privileges, exemptions and immunities of said city are hereby extended over all of said annexed territory and the inhabitants thereof. Section 3. Notice of intention to apply for this local legislation was published three times in the Fulton County Daily Report in three separate calendar weeks during a period of 60 days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. Page 2349 TOWN OF RINCON CHARTER AMENDED. No. 166 (House Bill No. 333). An Act to amend an Act creating a charter for the Town of Rincon, approved August 3, 1927 (Ga. L. 1927, p. 1497) as amended by Acts approved March 7, 1955 (Ga. L. 1955, p. 3140) and February 27, 1956 (Ga. L. 1956, p. 2591) so as to provide for a two-year term of office for the mayor and aldermen of said town; to change the number of aldermen; to provide for the staggering of the terms of the aldermen so that there will be an election for three aldermen each year; to establish the date of the next elections and succeeding elections; to provide that the mayor will be elected on every odd numbered year; 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 Town of Rincon, approved August 3, 1927 (Ga. L. 1927, p. 1497) as amended by Acts approved March 7, 1955 (Ga. L. 1955, p. 3140) and February 27, 1956 (Ga. L. 1956, p. 2591) is hereby amended by striking section 4 of said Act in its entirety and substituting the following in lieu thereof. Section 4. On the second Thursday in December, 1957, an election shall be held at some public place in said town for a mayor and six aldermen, by usual qualified voters of said town, the mayor and three aldermanic candidates receiving the greatest number of votes shall serve a two-year term and the next three aldermanic candidates receiving the next greatest number of votes shall serve a one year term. Thereafter the mayor and aldermen shall serve two year terms and there shall be an annual election for three aldermen and the mayor shall be elected in the odd numbered years on the second Thursday in December and pursuant to the above provisions. Said election shall be opened at ten (10) o'clock a. m. and close at seven (7) o'clock p. m. to be Page 2350 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 of said town. Eelection and terms of mayor and aldermen. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Georgia, Effingham County. 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 Town of Rincon so as to provide for two-year terms of the office of the mayor and aldermen of said town in lieu of the present one-year terms of office; to provide for a mayor, and six aldermen in lieu of the present mayor and four aldermen; to provide for the staggering of the terms of the aldermen so that there will be an election for three aldermen every year; to provide for the continuance in office of the present mayor and aldermen until the expiration of their term and to provide for the election of the office of mayor on every odd numbered year beginning with the year 1957. This 31st day of December, 1956. H. N. Ramsey, Sr., Rep. in the General Assembly of Georgia from Effingham County. Harry P. Anestos, Attorney for the Town of Rincon. 3t. Page 2351 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: Dec 4, 11, 18, 1956. /s/ H. N. Ramsey, Sr., Representative, Effingham County. Sworn to and subscribed before me this 5 day of February, 1957. /s/ Janette Hirsch, Notary Public. Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 5, 1957. CITY OF GRIFFIN CHARTER AMENDEDCITY LIMITS EXTENDED. No. 167 (House Bill No. 487). 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. Page 2352 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), 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 area and properties: Parcel 1. All that lot, tract or parcel of land situate, lying and being in land lot 173 of the second district of original Monroe, now Spalding County, Georgia, and more fully described as follows: Beginning at an iron stake at the intersection of the present city limits of the City of Griffin with the west margin of South Sixth Street extension and running thence south 44 degrees 33 minutes west two hundred eighty-five (285) feet; thence south 45 degrees 22 minutes east two hundred (200) feet; thence north 44 degrees 33 minutes east three hundred fifty-five (355) feet to a point on the east margin of South Sixth Street extension; thence north 45 degrees 22 minutes west two hundred (200) feet along the east margin of South Sixth Street extension; thence south 44 degrees 33 minutes west seventy (70) feet to a point on the west margin of South Sixth Street extension, the point of beginning. Parcel 2. All that lot, tract or parcel of land, situate, lying and being in land lot Number 178, second land Page 2353 district, originally Monroe, now Spalding County, Georgia, and more particularly described by reference to a plat of survey entitled Pine Spring Property of John H. Willis, dated March 14, 1939, made by L. A. Rodgers, and recorded in plat book 3, page 45, in the office of the Clerk of the Superior Court of Spalding County, Georgia and which said plat is, by reference, incorporated herein and made a part hereof this description. With reference to aforesaid plat, said lot, which is the land shown on aforesaid plat which lies outside the corporate limits of the City of Griffin, may be more particularly described as follows: Beginning at a point where the boundary line of the corporate limits of the City of Griffin intersect the easterly margin of U. S. Highway No. 41, in aforesaid land lot and district, and thence, in a southeasterly direction along the easterly margin of said U. S. Highway No. 41 a distance of three hundred sixty (360) feet, more or less, to a point where said easterly margin of U. S. Highway No. 41 intersects the northerly boundary of Harlow Avenue, as shown on aforesaid plat; thence, in a northeasterly direction along the northerly boundary of Harlow Avenue, a distance of one thousand thirty-nine and ninety-eight one-hundredths (1,039.98) feet to an iron stake; thence, in a northwesterly direction a distance of four hundred forty-five and five-tenth (445.5) feet; thence, in a southwesterly direction a distance of one hundred sixty-two (162) feet to a point of intersection with the existing boundary line of the corporate limits of the City of Griffin; thence, in a southwesterly direction a distance of seven hundred (700) feet, more or less, along the existing boundary line of the corporate limits of the City of Griffin back to said point of beginning. Parcel 3. All of those lots, tracts or parcels of land situate, lying and being in land lot 178 of the second land district of originally Monroe, then Pike, now Spalding County, Georgia, and which are specifically shown and designated as Lots 1,2,3,12, 13 and 14 on a plat of survey of properties of formerly R. R. Griffin and Page 2354 Marcelle P. Griffin, now Mrs. Emma J. Collier, a copy of which said plat is recorded in plat book 5, page 140, of the Superior Court Records of Spalding County, Georgia, and which said plat is hereby expressly incorporated herein and, by reference, made a part hereof this description. The aforesaid lots are contiguous and may be more specifically described, as one parcel, by making reference to the aforesaid plat, as follows: Beginning at the point of intersection of the northeasterly margin of the Griffin-Macon Highway (U. S. Highway 41) with the southeasterly margin of Harlow Avenue, and thence running from said beginning point south 43 degrees, 5 minutes east, along the aforesaid northeasterly property line of margin of the Griffin-Macon Highway, a distance of one hundred fifty (150) feet; thence running north 46 degrees east one hundred ninety (190) feet to an iron stake; thence running south 43 degrees, 5 minutes east two hundred fifty (250) feet to an iron stake; thence running in an easterly direction one hundred eighty (180) feet to an iron stake; thence running in a northerly direction sixty-six (66) feet to an iron stake; thence running north 47 degrees, 40 minutes west five hundred (500) feet to an iron stake located on the aforesaid southeasterly margin of said Harlow Avenue; thence running south 46 degrees west, along the said southeasterly margin of Harlow Avenue a distance of three hundred forty (340) feet to the aforesaid point of beginning. The above described lots or tracts of land are, as one parcel, bounded as follows: northwesterly by Harlow Avenue, a public road; northeasterly by lot 15 in block C of the Searcy Estates subdivision; southeasterly by a portion of lot 62 of the aforesaid subdivision and by lot 4 in block C of the aforesaid subdivision; southerly by lots 10 and 11 both in block C of the aforesaid subdivision; southwesterly by Lots 4, 5, 6, 7 and 8, all in block C, of the aforesaid Searcy Estates subdivision, and by the said Griffin-Macon Highway, a public highway. Situated on the above described property is one, one-story concrete block building, now known and designated as Harry Collier's Restaurant. Page 2355 The above described property is the same as lots 1, 2, 3, 12, 13 and 14, all in block C, as shown on a Plat of Survey of Searcy Estates subdivision, made by L. A. Rogers, on 30 August 1937, a copy of which said plat is recorded in plat book 2, page 437, of the Superior Court Records of Spalding County, Georgia. Parcel 4. All that lot, tract or parcel of land lying, being and situate in land lots 172 and 181 of the second district of original Monroe, now Spalding County, Georgia, and more fully described as beginning at an iron stake on the east margin of South Sixth Street extension at the south boundary of the Z. A. Massey residence property and being the extreme south city limits on the east margin of South Sixth Street extension and running thence from said point of beginning southeastwardly four hundred forty-three and six-tenths (443.6) feet along the east margin of South Sixth Street extension to an iron stake; thence north 62 degrees 42 minutes east two hundred thirteen and seven-tenth (213.7) feet to a point on the south margin of Windy Hill Road; thence eastwardly one hundred forty (140) feet along the south margin of Windy Hill Road to an iron stake at the northwest corner of lot 2 in block B of the Z. A. and Virginia P. Massey subdivision; thence south 2 degrees 5 minutes east two hundred ten (210) feet to an iron stake; thence south 89 degrees 30 minutes east seven hundred sixty (760) feet to an iron stake; thence north 2 degrees 5 minutes west four hundred seventy and two-tenths (470.2) feet to an iron stake at the northeast corner of lot 20 in block A of said Massey subdivision; thence north 89 degrees 30 minutes west one thousand nine and one-tenth (10009.1) feet to an iron stake on the west margin of Windy Hill Road; thence north no degrees 30 minutes east two hundred ten (210) feet to an iron stake on the south margin of a county road known as Grandview Drive; thence north 89 degrees 30 minutes west two hundred thirty-seven and five-tenths (237.5) feet along the south margin of Grandview Drive to a point on the present city limits of the City of Griffin; thence south 22 degrees 1 minute west two hundred Page 2356 twelve and one-tenths (212.1) feet along the present city limits of the City of Griffin to the point of beginning. 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 application for the passage of local legislation at the January session, 1957 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 since the last session of the General Assembly of Georgia; to repeal conflicting laws; and for other purposes. This the 22 day of January, 1957. 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 local legislation was published in the Griffin Daily News, which is the official organ of said county, on the following dates: January 23, 1957, January 29, 1957 and February 4, 1957. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr., Representatives, Spalding County. Sworn to and subscribed before me this 11th day of February, 1957. Page 2357 /s/ John J. Nilan, Notary Public, Muscogee County, Georgia. Approved March 5, 1957. CHATHAM COUNTY TAX COMMISSIONER'S SALARY. No. 168 (Senate Bill No. 113). An Act to prescribe and establish compensation and/or salary for the tax commissioner, Chatham County, Georgia; to prescribe the method of paying the said compensation and/or salary; to repeal all laws in conflict herewith and for other purposes: Be it enacted by the General Assembly of Georgia: Section I. From and after the approval of this Act, the salary and/or compensation of the tax commissioner, Chatham County, Georgia shall be not less than Nine Thousand Two Hundred and Fifty ($9,250.00) Dollars per year. Section II. Said salary shall be paid to tax commissioner out of the county funds and/or county treasury by the county commissioners and ex-officio judges of Chatham County on a monthly basis. Section III. There is attached hereto and made a part hereof, an affidavit and notice of intention to apply for local legislation. Section IV. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. Page 2358 CHATHAM COUNTY SHERIFF'S SALARY. No. 169 (Senate Bill No. 114). An Act to provide for the compensation of the sheriff of Chatham County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sheriff of Chatham County shall be compensated in the amount of eight thousand five hundred ($8,500.00) dollars per annum, to be paid in equal monthly installments from the funds of Chatham County by the county commissioners. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. DOUGLASVILLE CHARTER AMENDED. No. 170 (House Bill No. 466). An Act to amend an Act creating a new charter for the City of Douglasville, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2458), so as to extend the corporate limits; 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 Douglasville, approved March 1, 1937 (Ga. L. 1937, p. 1737), as amended, particularly by an Act approved Page 2359 February 19, 1951 (Ga. L. 1951, p. 2458), is hereby amended by striking therefrom section 4 in its entirety and by substituting a new section 4, to read: Section 4. The corporate limits of the City of Douglasville shall include all of the territory within the following described bounds: The starting point shall be a point one and three-quarters (1 3/4) miles due east of the center point of said city which shall be the center of the Southern Railway, at a point immediately in front of the Broad Street entrance to the court house; beginning at said starting point, thence northerly for a distance of one and one-half (1) miles; thence westerly for a distance of three and one-half (3) miles; thence southerly for a distance of three (3) miles; thence easterly for a distance of three and one-half (3) miles; thence northerly for a distance of one and one-half (1) miles and to the starting point; it being the intention that the corporate limits of the City of Douglasville form a rectangle measuring in width one and one-half (1) miles north and one and one-half (1) miles south from the center point and measuring in length one and three-quarters (1 3/4) miles east and one and three-quarters (1 3/4) miles west from the center point. City limits. Section 2. Not less than fifteen nor more than thirty days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Ordinary of Douglas County, as to the area in Douglas County outside the existing corporate limits of the City of Douglasville proposed to be annexed, and it shall be the duty of the mayor of the City of Douglasville as to the City of Douglasville, to issue the call for an election for the purpose of submitting this Act to the voters of the area of Douglas County outside the existing corporate limits of the City of Douglasville proposed to be annexed and to the voters of the City of Douglasville for approval or rejection in both areas. To be eligible to vote in the election, a person must be a resident or property owner in the area proposed to be annexed and qualified to vote for county officers, or a resident of the Page 2360 City of Douglasville and qualified to vote in city elections for mayor and other city officials; provided no person shall vote more than one time in said election although he may be qualified both as to the area to be annexed and in the city. The ordinary and the mayor shall set the date of such election for a day not less than ten days nor more than thirty days after the issuance of the call. The ordinary and 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 Douglas County and the official Gazette of the City of Douglasville, respectively. The ballot shall have printed thereon the words: Referendum. For approval of the Act extending the corporate limits of the City of Douglasville. Against approval of the Act extending the corporate limits of the City of Douglasville. 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 the majority of votes cast on such question in both the City of Douglasville and in the area of Douglas County outside the existing corporate limits of the City of Douglasville proposed to be annexed are for approval of the Act, then it shall become of full force and effect. If less than the majority of the votes cast in either the City of Douglasville or in the area of Douglas County outside the corporate limits of the City of Douglasville proposed to be annexed are for approval of the Act then it shall be void and of no force and effect. The expense of such election in the proposed area outside the corporate limits proposed to be annexed shall be borne by Douglas County. The expense of such election in the City of Douglasville shall be borne by the City of Douglasville. It shall be the duty of the ordinary and the mayor to hold and conduct such election in their respective areas. It shall be the duty of the ordinary to canvass the returns and declare and certify the results of the election. It shall Page 2361 be his further duty to certify the result to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation for Annexation Purposes. Notice is hereby given that there will be introduced at the 1957 session of the General Assembly of Georgia, legislation to amend the charter as amended by extending the present territorial limits of the City of Douglasville, subject to a referendum of all qualified voters residing in the present corporate limits and those residing in the affected areas, as follows: To provide for the extending of the corporate limits by extending same 1/2 mile each way east and west from the present limits, and 1/2 mile each way north and south from the present limits, so that when extended the corporate limits would be one and one-half miles north and south and one and three quarter miles east and west with the center point being the center of the Southern Railway at a point immediately in front of the Broad Street entrance of the old and/or new court house. Alpha A. Fowler, Jr., Representative, Douglas County, Georgia. J18/25/F1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alpha 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 Page 2362 which is the official organ of said county, on the following dates: January 18, January 25 and February 1, 1957. /s/ Alpha Fowler, Representative, Douglas County. Sworn to and subscribed before me this 8 day of February, 1957. /s/ Janette Hirsch, Notary Public. Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 5, 1957. CORDELE-CRISP COUNTY PLANNING COMMISSION. No. 171 (House Bill No. 291). An Act to enable the City of Cordele and Crisp 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 to 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 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 Cordele and to the County of Crisp 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; to repeal conflicting laws; and for other purposes. Page 2363 Be it enacted by the General Assembly of Georgia: Section 1. Planning Commission: Creation and Appointment. The Cordele City Commission, hereinafter referred to as the city commission, and the Board of Commissioners of Roads and Revenues of Crisp County, hereinafter referred to as the county commission are authorized to create a joint City-County planning commission (hereinafter referred to as the planning commission) which shall be known as the Cordele-Crisp County Planning Commission. The planning commission shall consist of seven members, namely, a member of the county commission selected by that body, one member of the city commission, selected by that body; two members appointed by the county commission, and three 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 three initial city commission appointees shall be one for two and two for four years. Any vacancy Page 2364 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 respective appointive member for cause stated in writing and after public hearing. 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. 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 cooperate with, contract with, or accept funds from Federal, State, or local public or semi-public agencies. 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; Page 2365 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. 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, public, and distribute maps, plans, and reports and recommendations relating to the planning 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 shall by general or special rule provide for Page 2366 the reference of any matter or class of matters pertaining to planning 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 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 adjust it to current conditions 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, playground, forests, reservations, sites 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 redevelopment location of public utilities whether publicly or privately owned, including but not limited to sewerage and water-supply system, zoning districts, and other planning features. 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 Page 2367 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 sizes of yards, courts, the density and distribution of population, and the uses of building, 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 or for any portion of the county designated, 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, 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 fixed as to allow for the recovery of amortization of the investment in such non-conforming use. Section 9. Zoning: Method of Procedure. Before enacting the zoning ordinance, the city commission or the county commission shall hold a public hearing thereon, Page 2368 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. A Zoning Board of Appeals. The city commission and the county commission may create a joint board of appeals. The board of appeals shall consist of five members who shall be appointed by the city commission and county commission. In the case of a separate board of appeals for the municipality or the county, members shall be appointed 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 three members by the city commission for overlapping terms of five years or thereafter until their successors are appointed except the respective terms of the two initial county commission appointees shall be one and three years and the respective terms of the three initial city commission appointees shall be one for two and one for four years and one for Page 2369 five years. 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 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 summon witnesses, administer oaths, and compel the giving of testimony. 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 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 Page 2370 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. 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 this 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 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 Page 2371 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 officers from whom the appeal is taken and may issue or revoke or direct the issuance or revocation 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. His duties shall include receiving applications, inspecting premises, issuing building permits and certificates of occupancy for uses and structures that meet the requirements of this ordinance, together with systematic checking on all construction in process to insure that proper permits has been issued and that the construction is conforming to the permit. From and after the establishment of such position and the filling of 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 adopted pursuant to it are compiled with. A violation of any Page 2372 ordinance or resolution adopted pursuant to this Act shall be punished as provided by such ordinance. 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 proceedings to restrain and enjoin, mandamus or other appropriate action or proceeding to restrain or 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 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 Page 2373 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 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 Page 2374 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 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. Page 2375 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 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 Page 2376 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 official map to the Clerk of the Superior Court of Crisp 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 parts or parts thereof, then the city commission or the county commission may add to the official 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 vacation, the line of new public building sites or the enlargement, dimunition, 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 Page 2377 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 commend. Section 21. Official Map. Regulations 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 of 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 reasonable return to the owner unless such permit be granted; (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 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 Page 2378 the duration of the building, structure, or part thereof to be permitted. Section 22. Violations and Penalties: The city commission and county commission may provide by ordinance or resolution that any person who shall violate, neglect or refuse to comply with any provision of any ordinance or resolution adopted under the provisions of this Act, may be fined a sum not exceeding one hundred dollars ($100.00) for each offense, and that each day that a violation is continued shall constitute a separate offense. In addition to any penalty provided by ordinance or resolution, appropriate action at law or in equity may be maintained by any authorized person for such violations. Section 23. Definitions: For the purpose of this Act the term street or streets means, relates to, and includes streets, avenues, boulevards, roads, highways, expressways and lanes. Alley, a public R/W not more than 20 wide and not less than 15 wide between rear or side property lines and may provide access to adjust property. 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 24. 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 Crisp County, and to the city commission of the City of Cordele 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 25. 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 Cordele and of Crisp Page 2379 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. All powers and authority granted to the governing authorities of the several municipalities under an Act pertaining to zoning and planning in municipalties, approved January 31, 1946 (Ga. L. 1946, p. 191) are hereby granted to the City of Cordele and the County of Crisp. Section 26. 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 be hereafter taken from the court of ordinary to the superior court. Section 27. The provisions of this Act shall not be binding on the city commission of Cordele and the commissioners of roads and revenues of Crisp County until same are affirmatively adopted by ordinance or resolution. Adoption. Section 28. 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, Jack C. Mathews who, first being duly sworn, deposes and says the following: That he is the co-publisher of the Cordele Dispatch, the official gazette of Crisp County, Georgia, and that the notice of intention to introduce local legislation attached hereto has been duly published in the Cordele Dispatch on January 11, January 18, January 25, 1957. /s/ Jack C. Mathews, Co-Publisher, Cordele Dispatch. Page 2380 Sworn to and subscribed before me this 26 day of January, 1957. /s/ Whitfield R. Forrester Notary Public, Crisp County, Ga. My Commission expires: Dec. 28, 1960. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, An Act to enable the City of Cordele and Crisp 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 to 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 handing 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 Cordele and to the County of Crisp or to such board of zoning appeals shall be cumulative and that all such powers and authorities Page 2381 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; to repeal conflicting laws; and for other purposes. This 9th day of January, 1957. /s/ Marvin Summers Representative, Crisp County. Jan. 11-18-25. Approved March 5, 1957. TOOMBS COUNTYSALARIES OF COMMISSIONER AND CLERK OF COMMISSIONER. No. 172 (House Bill No. 459). An Act to amend an Act creating the office of Commissioner of Roads and Revenues for Toombs County, approved March 10, 1933 (Ga. L. 1933, p. 687), as amended, particularly by an Act approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2069), so as to change the compensation of the Commissioner of Roads and Revenues for Toombs County, and of the clerk of said 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 for Toombs County, approved March 10, 1933 (Ga. L. 1933, p. 687), as amended, particularly by an Act approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2069), is hereby amended by striking from section 7 thereof, the words and figures thirty-six hundred dollars ($3600.00) and inserting in lieu thereof, the words and figures fifty-four hundred Page 2382 dollars ($5400.00), by striking the words and figures one hundred fifty ($150.00) and inserting in lieu thereof the words and figures two hundred ($200.00), and by striking the words in said county, so that said section, as so amended, shall read: Section 7. Be it further enacted by the authority aforesaid that said commissioner shall devote his entire time to the business and interest of said County of Toombs in the performance and discharge of his duties. He shall be compensated in the amount of fifty-four hundred dollars ($5400.00) per annum, to be paid in equal monthly installments, and shall receive the sum of two hundred dollars ($200.00) per month to cover expenses incurred by him for traveling, for owning or operating, either or both, an automobile in the discharge of his duties, and the cost of fuel and upkeep thereof. Section 2. Said Act is further amended by striking from section 19 thereof, the figure $150.00 and inserting in lieu thereof, the figure $200.00, so that said section, as amended hereby, shall read: Section 19. That said commissioner shall have authority to employ a competent clerk at a salary not to exceed $200.00 per month, and as authorized in his discretion may require a bond, and shall prescribe the duty of such clerk, and may, with or without cause, discharge such clerk at any time. 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, 1957 session of the General Assembly of Georgia, a bill to change the salaries of the county commissioner and clerk of said commissioner of Toombs County. This 21st day of Jan. 1957. 4c3t-tc. Page 2383 /s/ Hoyle R. Yandle, Representative Toombs Co. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hoyle R. Yandle, who, on oath, deposes and says that he is representative from Toombs County, and that the attached copy of notice of intention to introduce local legislation was published in the Lyons Progress which is the official organ of said county, on the following dates: January 24 and 31, and February 7, 1957. /s/ Hoyle R. Yandle Representative, Toombs County. Sworn to and subscribed before me, this 11 day of February, 1957. /s/ Janette Hirsch Notary Public. Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 5, 1957. TOWN OF McINTYRE CHARTER AMENDED. No. 173 (House Bill No. 453). An Act amending the charter of the Town of McIntyre, Georgia, approved August 10, 1910, so as to change the town limits and add new territory; To enlarge the powers and authority of the mayor and council; to provide for the election of a mayor, pro tem. by the mayor and council and to fix his powers; to increase the powers of the mayor; to empower him to punish for contempt Page 2384 of court and to increase the authority to punish for offenses; to remit penalties; to authorize the maintenance of a jail and imprison offenders therein; to provide for the issuance of executions for the collections of taxes, license fees and fines and forfeitures, and to provide for the sale of property levied on; to provide for a referendum of this amendment and for other purposes. Section 1. Be it enacted by the General Assembly of Georgia, That an Act to incorporate the Town of McIntyre, in the County of Wilkinson, and for other purposes, approved August 10, 1910, be and it is hereby amended by striking section 2 of said Act, and inserting in lieu, the following: Section 2. Be it further enacted that the corporate limits of said town shall extend one-half mile in every direction from the depot of the Central of Georgia Railway Company, as now located in said town, said depot being made the center of said town. City limits. Section 3. Be it further enacted that said charter be amended by striking section 5 of said Act of 1910, in its entirety and substituting the following: Section 5. Be it further enacted, that said mayor and council shall have authority to lay off new roads and streets, discontinue and abandon old roads, streets or passage ways, contract with Wilkinson County or others for the opening of new roads and streets, and the maintenance and repair and paving of the roads and streets of said town, as they may deem for the best interest of the town. (a) Said mayor and council shall have authority to make such by-laws, rules and regulations, or ordinances necessary for the government of said town and the peace and good order thereof, and to fix license fees for the transaction of any and all business done in said town, which are not inconsistent with the laws and Constitution of this State; to punish by fine or imprisonment or both Page 2385 in the discretion of the mayor, who is hereby clothed with authority to try offenders against the ordinances of the said town, to administer oaths, preserve order and punish for contempt, and is hereby empowered to punish such offenders and violators of ordinances by a fine of not more than $150.00 or by work on the public roads or streets of said town or imprisonment in the town jail for not more than 30 days, or both fine and imprisonment in the discretion of the mayor. The said mayor and council shall have the right and authority to fix the costs in all cases of violation of ordinances of said town, and upon conviction, said costs shall be taxed against the offender so convicted. The said mayor shall have power and authority to suspend, commute, or remit any fine or sentence imposed, in his discretion. Powers of mayor and council. (b) The said mayor and council shall elect one of the councilmen mayor pro tem. who shall serve in the absence or disqualification of the mayor and shall have the same powers as the mayor in said cases. (c) The mayor and council shall have power and authority to maintain a jail and to confine therein for safe keeping parties under arrest, or for the punishment of parties convicted and sentenced for violation of ordinances or contempt of court. (d) The mayor and council shall have the power and authority to enforce the payment of any taxes levied, any license tax imposed or any fine imposed by said town authority, or any forfeiture of a bond for appearance, and upon failure to pay same, the clerk shall issue an execution against said delinquent person, 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 person owned at the time of the issuance of said execution. In case of real estate the marshall shall advertise and sell the same as at sheriff's sales, and in case of personal property, shall expose the same for sales before the usual meeting place of the mayor and council, after Page 2386 advertising it by posting notices in three of the most public places in said town for ten days prior to the day of sale. Section 4. Be it further enacted that this amendment shall not become effective unless ratified by the legal voters of the Town of McIntyre, Georgia, including all legal voters residing within both the original incorporated limits and the additional area sought to be incorporated by this amendment. The mayor and council of said municipality are hereby directed to call an election for same by giving at least 30 days notice previous to said date of the election so called by advertising same in the official organ of Wilkinson County, Georgia, the newspaper in which sheriff's advertisements are published and to provide for the holding of said election in the same way and manner as elections for the mayor and council are held and subject to the same rules and regulations. Those desiring to vote in favor of the ratification of this amendment shall have written or printed on their ballots: For Extension of the Town Limits. Those desiring to vote against the ratification of this amendment shall have written or printed on their ballots: Against Extension of Town Limits. The returns of said election shall be made to the mayor and council of said municipality who shall canvass the same and ascertain and declare the result. Should a majority of the qualified voters voting in said election vote in favor of the ratification of this amendment the same shall become immediately effective thereafter. Should a majority of the qualified votes voting in said election vote against the ratification of this amendment the amendment shall be null and void. Referendum. Section 5. All laws in conflict with this amendment are hereby repealed. Section 6. Attached hereto and made a part hereof is copy of notice of intention to introduce this act and the affidavit of the author that this notice has been published as provided by law. Page 2387 Georgia, Wilikinson County. I, Hazel Couey, do certify that I am the publisher of Wilkinson County News, and that said paper is the official organ of Wilkinson County, Georgia, in which sheriff's advertisements are published, and that the attached notice was published in three separate editions of said newspaper, to wit: in the issues of January 25, 1957, February 1, 1957 and February 8, 1957. /s/ Hazel Couey. Sworn to and subscribed to before me this 8th day of February, 1957. /s/ Mrs. Victor Davidson Notary Public, Wilkinson County, Georgia. My Commission expires 1/25/60. (Seal). Notice of Local Legislation. The undersigned will apply at the session of the General Assembly of Georgia now in session, after the required legal publication of this notice, for the passage of a bill amending the charter of the Town of McIntyre by amending the Act approved August 15, 1910 and the Acts amendatory thereof, extending the limits of said town and granting additional powers to the mayor and council, and for other purposes. Robert C. Parker Mayor J. W. Holland H. B. Brewer E. K. Wood Garvis C. Snow Councilmen. Approved March 5, 1957. Page 2388 MUNICIPAL COURT OF COLUMBUS. No. 174 (House Bill No. 267). An Act to amend an Act, approved February 6, 1952, entitled: An Act to amend an Act of the General Assembly, approved August 12, 1915, and contained in Georgia Laws 1915, pages 63 to 79, which Act is entitled `An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create in lieu thereof a municipal court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and of other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes'; and to amend all Acts amendatory thereof; to provide for an increase in the salaries of the judge, clerk and marshal of said court; to provide for an increase in the civil and criminal jurisdiction of said court; to provide for an increase in the costs of said court; to provide for review of judgments, orders and rulings of said court by direct writ of error to the Court of Appeals of Georgia or the Supreme Court of the State of Georgia; to provide a method of appointment of deputy marshals of said court; to provide a method of appointment of deputy clerks of said court; and to real all portions and provisions of said original Act and all Acts amendatory thereof which are in conflict with this Act, so that all laws and parts of laws pertaining to said Municipal Court of Columbus will be embodied in this Act, in one volume of Acts of the General Assembly; and for other purposes, by changing the salaries specified in sections 10, 11 and 12 therein for the judge, clerk and marshal of said court; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Page 2389 Section 1. The Act approved February 6, 1952, (Ga. L. 1952, p. 2184 et seq.) is hereby amended in the following respects: (A) By amending section 10 to provide that the salary of the judge of said court shall be $8500.00 per annum. Salaries. (B) By amending section 11 by providing that the salary of the clerk of said court shall be $6500.00 per annum. (C) By amending section 12 by providing that the salary of the marshal of said court shall be $5800.00 per annum. Section 2. The salaries herein provided shall become effective on June 1st, 1957. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Section 4. Notice of intention to apply for the passage of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1957, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, Page 2390 entitled `An Act to amend an Act of the General Assembly, approved August 12, 1915, and contained in Georgia Laws 1915, pages 63 to 79, which Act is entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex-officio justice of the peace, and to establish and create in lieu thereof a municipal court in and for the City of Columbus, and County of Muscogee, and to define its jurisdiction and powers; to provide for the election of a judge and of other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court, and writs of error therefrom, and for other purposes; and to amend all Acts amendatory thereof; to provide for an increase in the salaries of the judge, clerk and marshal of said court; to provide for an increase in the civil and criminal jurisdiction of said court; to provide for an increase in the costs of said court; to provide for review of judgments, orders and rulings of said court by direct writ of error to the Court of Appeals of Georgia or the Supreme Court of the State of Georgia; to provide a method of appointment of deputy marshals of said court; to provide a method of appointment of deputy clerks of said court; and to repeal all portions and provisions of said original Act and all Acts amendatory thereof which are in conflict with this Act, so that all laws and parts of laws pertaining to said Municipal Court of Columbus will be embodied in this Act, in one volume of Acts of the General Assembly; and for other purposes', by changing the salaries specified in sections 10, 11, and 12 therein for the judge, clerk and marshal of said court; to repeal all laws in conflict herewith; and for other purposes. This 9th day of January, 1957. Columbus Lawyers Club By Tom B. Slade, President. 1-11, 18, 25. Georgia, Muscogee County. This is to certify that the attached copy of notice of Page 2391 intention to apply for the passage of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: January 11, January 18, and January 25, 1957, in the Columbus Ledger, the newspaper in which sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger, Columbus, Georgia. Sworn to and subscribed before me this the 29 day of January, 1957. /s/ Wallace A Kitchens, Notary Public, Muscogee County, Georgia. (Seal). Approved March 5, 1957. CITY OF HOGANSVILLE CHARTER AMENDED. No. 175 (House Bill No. 454) An Act to amend an Act creating a new charter for the City of Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, so as to change the terms and method of selection of tax assessor for the 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 Hogansville, approved March 12, 1941 (Ga. L. 1941, p. 1505), as amended, is hereby amended by striking the first sentence of section 5 and in lieu thereof inserting the following: Be it further enacted, That the mayor and council shall in the year 1957 elect three intelligent, discreet and upright persons, citizens and qualified men of said city and owners of real estate therein, one of whose term of office shall be for one year, one of whose term of office shall be for two years and one of whose term of office shall be for three years, to act as city tax assessors. In the year 1958 and each year thereafter the mayor and council shall elect a successor, with the same qualifications provided for the original city tax assessors elected under the provisions of this section, for the tax assessors whose term expires in that year for a term of three years. Tax assessors. Page 2392 Section 2. 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 editor and business 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. 6990 Jan. 18, 25, Feb. 1, Georgia, Troup County. Notice of Local Legislation. Notice is hereby given that a bill will be introduced at the 1957 session of the Georgia Legislation to amend the city charter of the City of Hogansville, Georgia to change the terms of the tax assessors for said city. C. O. Lam has been published in said LaGrange Daily News, to-wit: Jan. 18, 1957, Feb. 1, 1957, Jan. 25, 1957, being three Page 2393 publications of said notice and petition, issued on dates aforesaid respectively. /s/ Wm. A. Coker, Editor and Business Manager. Sworn and subscribed before me this 6th day of Feb. 1957. /s/ Eleanor H. Orr Notary Public, Troup County. Notarial Seal Affixed. Approved March 5, 1957. ORDINARY COFFEE COUNTY. No. 176 (House Bill No. 463). An Act to amend an Act creating the office of commissioner of roads and revenue in the County of Coffee approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended so as to authorize the board of commissioners of roads and revenue to compensate the office of ordinary of Coffee County for clerical aid; so as to amend Ga. L. 1953 pp. 2382, 2383 and 2384 so as to provide for such compensation in the amount of $150.00 per month and to amend section 8-A of Ga. L. 1937 p. 1294 as amended by Ga. L. 1953 pp. 2382, 2383 and 2384 so accordingly; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. That section 8-A of said act is hereby amended by striking the words seventy-five in the fourth line of said section and inserting in lieu thereof the words one hundred and fifty so as to make said section read when amended as follows: Page 2394 Section 8-A. The Board of Commissioners of Roads and Revenues of Coffee County is hereby authorized to pay to the office of ordinary of Coffee County a sum not to exceed one hundred fifty dollars per month for payment of clerical aid. Clerical aid. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Georgia, Coffee County. I, Melvin Waters, editor and publisher of the Coffee County Progress, a newspaper published in Douglas, Coffee County, Georgia, and being the paper in which sheriff's advertisements for said county are published, do hereby certify that the foregoing notice was published by me in said above named newspaper on the following dates, to wit: January 3, 10, 17, 24, 1957. This 2nd day of February, 1957. /s/ Melvin C. Waters. Witness: /s/ Lee R. Williams Notary Public, Coffee County, Ga. My Commission expires 8/16/60. Notarial Seal Affixed. Georgia, Coffee County. Notice is hereby given that the undersigned intend to introduce at the 1957 session of the General Assembly of the State of Georgia a local bill to provide a salary paid to the ordinary's office for clerical help be increased from $75.00 per month to $150.00 per month. This is an amendment of Georgia Laws of 1953 pages 2383 and 2384. Page 2395 This 3rd day of January, 1957. Tom Fellows R. E. Roberts Representatives of Coffee County, Georgia. 1-3, 10, 17, 24. Approved March 5, 1957. CITY COURT OF HABERSHAM COUNTY. No. 177 (Senate Bill No. 61). An Act to amend an Act establishing the City Court of Habersham County, approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), and an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), so as to change the compensation of the judge and solicitor 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 Habersham County, approved February 13, 1941 (Ga. L. 1941, p. 651), as amended by an Act approved March 28, 1947 (Ga. L. 1947, p. 1400), and an Act approved February 25, 1949 (Ga. L. 1949, p. 1836), is hereby amended by striking from section 10 the words two thousand four hundred dollars and inserting in lieu thereof the words three thousand dollars, so that when so amended, section 10 shall read as follows: Judge's salary. Section 10. Be it further enacted by the authority aforesaid, that there shall be a judge of said city court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1944, and Page 2396 until his successor shall qualify, and thereafter, except in the case of a vacancy, the judge of said city court shall hold his office by virtue of an election by the qualified voters of Habersham County, and shall hold his office for a term of four years, beginning on the first day of January, 1945, at the regular election of county officers of Habersham County, in the year 1944 there shall be elected by the qualified voters of said County of Habersham a judge of said city court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years from January 1, 1945, and at each of the regular elections held for the election of county officers, every four years thereafter, a judge of said court shall be elected. Any vacancy in said office shall be filled by appointment by the Governor for the unexpired term. The judge of said city court shall receive a salary of three thousand dollars per annum, which shall be paid monthly by the ordinary or other person or persons, who are now or may hereafter be charged by law with the paying out of the money of the County of Habersham, and shall be furnished an office in the courthouse as other county officers; and it shall be the duty of the ordinary of said county or other proper officer, to make provision annually in levying taxes for this purpose. The said judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Section 2. Said Act is further amended by striking from section 14 the words eighteen hundred dollars and inserting in lieu thereof the words twenty-four hundred dollars, so that when so amended, section 14 shall read as follows: Section 14. Be it further enacted by the authority aforesaid, That there shall be a solicitor of said city court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the judge of said court, whose appointive term of office Page 2397 shall be until the 31st day of December, 1944, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the judge of said court; and it shall be the duty of said solicitor to prosecute for all offenses cognizable before said court. The said solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as are a solictor-general in the Superior Court; but all such fees shall be paid into the county treasury by the said solicitor as collected, and in lieu thereof he shall receive the sum of twenty-four hundred dollars per year, which shall be paid monthly out of the county treasury. The said solicitor shall receive no other fees or compensation for his services, except that the solicitor of said city court shall for his services in the Supreme Court and Court of Appeals be paid out of the treasury of the State in the same manner as the Solicitor-General of the Superior Court is paid for like services rendered in said courts. Solicitor's salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to entrolled copy. Approved March 5, 1957. CLERK SUPERIOR COURT OF MUSCOGEE COUNTYEX OFFICIO CLERK CITY COURT OF COLUMBUS. No. 178 (House Bill No. 268). An Act to amend an Act, approved February 6, 1952, entitled: An Act to establish the salary of the Clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia; to repeal all laws in conflict with this Act and for other purposes by changing the salary therein specified; to repeal all laws in conflict with this Act; and for other purposes. Page 2398 Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 6, 1952, (Ga. L. 1952, p. 40) entitled An Act to establish the salary of the Clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia; to repeal all laws in conflict with this Act and for other purposes is hereby amended by providing that the salary of the Clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia, shall be $9000.00 per annum. Salary. Section 2. The salary hereinabove provided shall become effective on June 1st, 1957. Section 3. It is declared to be the intention of the General Assembly in this Act, and it is declared that it was the intention of the General Assembly in said Act hereby amended, that, as heretofore provided by law in the Act approved August 13, 1924, (Ga. L. 1924, p. 90) all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind now or hereafter allowed by law shall be received and collected by said officer for the sole use of said county and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the 10th day of each month, at which time a detailed itemized statement shall be made by said officer under oath showing such collections and the sources from which collected; provided, however, that the Commissioners of Roads and Revenues of said County may pay to such Clerk of Superior Court of Muscogee County, Georgia, as such, and as ex officio clerk of the City Court of Columbus, Georgia, such sums as an allowance for automobile expense or other expenses as they may in their discretion provide. Automobile allowance. Page 2399 Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. Notice of intention to apply for the passage of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. State of Georgia, County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1957, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, entitled `An Act to establish the salary of the Clerk of the Superior Court of Muscogee County, Georgia, as such, and as ex-officio clerk of the City Court of Columbus, Georgia; to repeal all laws in conflict with this Act and for other purposes' by changing the salary therein specified; to repeal all laws in conflict with this Act; and for other purposes. This 9th day of January, 1957. Columbus Lawyers Club By Tom B. Slade, President. 1-11, 18, 25. Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage of a local bill has been Page 2400 published as provided by law once a week for three (3) weeks, to-wit: January 11, January 18, and January 25, 1957, in the Columbus Ledger, the newspaper in which sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia. Sworn to and subscribed before me this the 29 day of January, 1957. /s/ Wallace A. Kitchens Notary Public, Muscogee County, Georgia. (Seal). Approved March 5, 1957. TOWN OF JASPER CHARTER AMENDED. No. 179 (Senate Bill No. 101). An Act to amend an Act to amend, consolidate and supersede the Acts incorporating the Town of Jasper, in the County of Pickens, and creating a new charter for said town, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), so as to change the term of the councilmen and 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 to amend, consolidate and supersede the Acts incorporating the Town of Jasper, in the County of Pickens, and creating a new charter for said town, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), is hereby amended by striking from section 6 the words Be it further enacted, that on the first Saturday in December, 1954, and biennially thereafter, Page 2401 there shall be elected a mayor and five councilmen for said town, to serve two years, commencing on the first day of January next after their election, and until their successors are elected, or appointed and qualified as herein provided, and in lieu thereof inserting the following: On the first Saturday in December, 1957, and biennially thereafter, there shall be elected a mayor for said town to serve two years, commencing on the first day of January next after his election and until his successor is elected or appointed and qualified as hereinafter provided. On the first Saturday in December, 1957, there shall be held an election to elect five councilmen for said town. The two candidates receiving the highest number of votes in said election shall serve for a term of two years, commencing on the first day of January, 1958, and until their successors are elected and qualified. The three candidates receiving the next highest number of votes shall serve for a term of one year, commencing on the first day of January, 1958, and until their successors are elected and qualified. Thereafter on the first Saturday in December of each year an election shall be held to elect successors to the councilmen whose terms expire on December 31, following the election, and councilmen so elected shall serve for a term of two years, commencing on the first day of January next after their election and until their successors are elected, or appointed and qualified, as herein provided. Terms of councilmen. so that section 6 as so amended shall read: Section 6. On the first Saturday in December, 1957, and biennially thereafter, there shall be elected a mayor for said town to serve two years, commencing on the first day of January next after his election and until his successor is elected or appointed and qualified as hereinafter provided. On the first Saturday in December, 1957, there shall be held an election to elect five councilmen for said town. The two candidates receiving the highest number of votes in said election shall serve for Page 2402 a term of two years, commencing on the first day of January, 1958, and until their successors are elected and qualified. The three candidates receiving the next highest number of votes shall serve for a term of one year, commencing on the first day of January, 1958, and until their successors are elected and qualified. Thereafter on the first Saturday in December of each year an election shall be held to elect successors to the councilmen whose terms expire on December 31, following the election, and councilmen so elected shall serve for a term of two years, commencing on the first day of January next after their election and until their successors are elected, or appointed and qualified, as herein provided. Before entering upon their duties, the mayor and councilmen shall 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, or affirm, that I will faithfully enforce the charter and ordinances of said town to the best of my skill and ability, without fear or favor; so help me God. Said mayor and council shall hold monthly meetings, and may hold special or called meetings, as the business of the town may require, and pass ordinances at said called meetings, provided notice is given to all members of council of the time of said meetings, and the mayor or mayor pro tem. and three members of council shall constitute a quorum for the transaction of all business. Section 2. Not less than fifteen days, nor more than six months after 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 Jasper to issue the call for an election for the purpose of submitting this Act to the voters of the Town of Jasper for approval or rejection. The mayor shall set the date of such election for April 17, 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 of the Town of Jasper. The ballot shall have printed thereon the words: Referendum. For approval of the Act providing for the election of Page 2403 the councilmen for staggered terms. Against approval of the Act providing for the election of the councilmen for staggered terms. 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 the majority of the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than the majority of the votes cast on such question are 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 Jasper. 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 result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CITY OF EAST POINT CHARTER AMENDED. No. 180 (Senate Bill No. 85). An Act to amend an Act establishing a new charter for the City of East Point, in Fulton County, approved August 19, 1912, (Ga. L. 1912, p. 862, et. seq.) 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: Page 2404 Section 1. All of that area of Fulton County in land lot 186 of the 14th district of Fulton County within the following boundary line is hereby incorporated in and annexed to the City of East Point as a part of the first ward to said city, to-wit: Beginning at a point on the south line of land lot 186 a distance of 1420 feet west of the southeast corner of said land lot, and running thence north along the east property line of said City of East Point rock quarry property 1593 feet; thence west 1134 feet; thence southeast 1537 feet, along the southwestern property line of said City of East Point to the south line of said land lot 186; thence east along the south line of said land lot a distance of 854 feet to the point of beginning, and by amending the Atlanta city limits line accordingly. City limits extended. Section 2. That all of the governmental rights, jurisdiction, power and authority of the City of East Point and of all of its officer, agencies, departments and authorities is hereby extended over all of said annexed territory and the inhabitants thereof. Section 3. Notice of intention to apply for this local legislation was published 3 times in the Fulton County Daily Report in 3 separate calendar weeks during a period of 60 days next preceding the introduction of this bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. Page 2405 CITY OF SPARTA CHARTER AMENDED. No. 181 (Senate Bill No. 146). An Act to amend an Act creating a charter for the City of Sparta, approved August 7, 1905 (Ga. L. 1905, p. 1155), as amended, so as to authorize the mayor and aldermen of said city to condemn private property for public purposes; 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 creating a charter for the City of Sparta, approved August 7, 1905 (Ga. L. 1905, p. 1155), as amended, including an Act approved August 10, 1910 (Ga. L. 1910, p. 1160), an Act approved August 7, 1912 (Ga. L. 1912, p. 1290), an Act approved July 31, 1918 (Ga. L. 1918, p. 893), an Act approved July 27, 1923 (Ga. L. 1923, p. 784), an Act approved August 7, 1925 (Ga. L. 1925, p. 1470), an Act approved August 24, 1929 (Ga. L. 1929, p. 1308), and an Act approved August 27, 1931 (Ga. L. 1931, p. 989), is hereby amended by adding thereto a new section to be known as section 16-A, to read: Section 16-A. The mayor and aldermen of the City of Sparta shall have full power and authority to condemn private property for any public purpose, such as establishing public streets, sidewalks, parks, 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 any public building, reservoir or structure necessary for the operation and conduct of the fire department, water plant, electric 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 the same is necessary in their opinion. Whenever the mayor and aldermen so desire to exercise the power Page 2406 and authority to condemn private 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, trustee, executor or executors, administrator or administrators, guardian or agent, and all such proceedings for condemnation shall be in the manner provided by the general laws of the State of Georgia for condemnation of private property by municipal corporations. Power to condemn property. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CRIMINAL COURT OF FULTON COUNTY. No. 182 (Senate Bill No. 79). An Act to amend an Act to establish the Criminal Court of Atlanta, approved September 6, 1891, as amended by an Act approved March 25, 1947, and other Acts amendatory thereof, by providing for the number of investigators which may be appointed by the solicitor-general of said court and by prescribing their duties, authority and compensation; 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 enacted by the authority of the same, that, section 6 of the Act approved March 25, 1947, amending the Act approved September 6, 1891, establishing the Criminal Court of Atlanta and Acts amendatory thereof, as set out in Georgia Laws 1947, pp. 614 and 615, inclusive, be and the same is, hereby amended as follows: Page 2407 By striking section 6 of said Act approved March 25, 1947 and inserting in lieu thereof the following section, to wit: The Solicitor General of the Criminal Court of Fulton County may, if he shall deem it necessary and proper, appoint four investigators for the purpose of investigating violations of the law in Fulton County and rendering such other assistance as may be required of them by the solicitor general of said court. Said investigators shall serve at the pleasure of said solicitor general, and shall act as peace officers of the State of Georgia in said county and, as such, shall have the same authority to make arrests as the sheriffs of the several counties of this State, and their lawful deputies. They shall likewise have the same authority as the sheriff, his deputies, and court bailiffs to serve warrants, summonses, rules, orders and processes of every kind issued by or made returnable to the Criminal Court of Fulton County and to make proper returns of service thereon. Investigators. Section 2. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the solicitor general of said court may appoint one of such investigators as chief investigator and authorize such chief investigator to supervise and assist such investigators in the performance of their duties as provided by this Act and as they may be directed by the solicitor general of said court. In addition to his other duties, such chief investigator shall act as bond clerk of said court and, as such, it shall be his duty to cause service to be perfected upon all bond forfeiture proceedings which may be instituted in said court, to keep accurate records thereof, to collect such sums as may be due and payable in bond forfeiture proceedings in said court, and to remit the same to treasurer of said county in the same manner required of the sheriff of said county in such cases. For his combined services, as provided by this Act, the chief investigator shall receive the maximum compensation allowed Investigators number II, under the civil service regulations in force in said county governing Page 2408 county employees, plus necessary expenses, and shall give such surety bond for the faithful performance of his duties as may be required of him by the Board of County Commissioners of said county. Chief Investigator. 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. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this Act, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to such notice have been complied with for the enactment of this Act. Notice of advertisement attached to enrolled copy. Approved March 5, 1957. CITY COURT OF ALBANY. No. 183 (Senate Bill No. 40). An Act to amend an Act establishing a City Court of Albany in and for the County of Dougherty, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved August 20, 1917 (Ga. L. 1917, p. 211), by changing the word stenographer to reporter wherever it appears; to change the amount of compensation to be paid to the court reporter; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a City Court of Albany in and for the County of Dougherty, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly Page 2409 by an Act approved August 20, 1917 (Ga. L. 1917, p. 211), is hereby amended by striking therefrom the section dealing with the appointment, duties and compensation of the court stenographer in its entirety and substituting a new section in lieu thereof, to read: The Judge of the City Court of Albany shall have authority to appoint an official reporter of said court, to hold office at the pleasure of said judge, the duties of said reporter to be the same as that provided by law for a similar officer in the superior court. The compensation of said reporter in both criminal and civil cases shall be the same as that provided by law for the reporters of the superior courts of this State. Said reporter shall have the same rights to enforce payment of fees for services in civil cases as reporters of the superior courts of this State. Said reporter shall be paid out of the treasury of Dougherty County. In no event shall said reporter receive less than $20.00 per day for attendance upon said court where criminal or civil cases are tried or considered by the court. Court reporter. 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 5, 1957. CHATHAM COUNTY PENSION BOARD. No. 184 (Senate Bill No. 145). An Act to amend an Act relating to a pension system for the employees of Chatham County, approved March 29, 1937 (Ga. L. 1937, p. 1273), as amended, so as to provide for additional provisions relative to disability pensions; to repeal conflicting laws; and for other purposes. Page 2410 Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to a pension system for the employees of Chatham County, approved March 29, 1937 (Ga. L. 1937, p. 1273), as amended, is hereby amended by adding to the end of section 6, the following: (d) Any regular employee of Chatham County who has contributed to the pension fund of said county as provided in this Act, who shall have served as such employee for a period of not less than ten (10) years nor more than twenty-five (25) years, the last five (5) years of which service prior to making an application for a pension as hereinafter provided must have been continuous and immediately preceding the date of the application therefor, may apply for a disability pension upon becoming totally disabled, subject to the provisions prescribed hereinafter. Any amount awarded shall not be more than two per cent (2%) of the salary such employee was receiving at the time of his disability, multiplied by the number of years that he has served, and in no event shall any pension granted be more than one hundred and fifty dollars ($150.00) per month. Any regular employee of Chatham County who has contributed to the pension fund of said county as provided in this Act and who has served as such employee for more than twenty-five (25) years, the last five (5) years of which service prior to making an application for a pension as hereinafter provided must have been continuous and immediately preceding the date of the application therefor, may apply for a disability pension upon becoming totally disabled, subject to the provisions prescribed hereinafter. The amount of any pension awarded shall be fifty per cent (50%) of such employee's salary at the time of his disability, or one hundred and fifty dollars ($150.00) per month, whichever is less. Disabled employees. No employee shall receive any pension for total disability unless such employee is disabled to such an extent that he is unabe physically or mentally to perform the duties for which he was employed. Such disability must Page 2411 be clearly shown to the satisfaction of the pension board, and such board is charged with the duty and responsibility of determining whether such disability exists. The board shall provide for the examination of any such applicant by a physician of the board's choice, and any applicant may also have an examination by a physician of such applicant's choice. If the two physicians do not agree as to such disability, they shall designate a third physician, and the opinion of a majority of the three physicians shall be controlling with respect to the disability and the board shall give primary consideration to the report of such physicians. Service of any employee rendered prior to the effective date of this Act shall be counted in computing years of service. Any disability pension granted hereunder shall terminate upon the death of the employee. After any person is granted a disability pension as provided herein, the board shall have a right to have such person examined by a physician of the board's own choosing at any time thereafter, but not more than once in any one calendar year. If the board then determines that such person is no longer entitled to such pension, it is hereby authorized to cancel such pension and any further payments. In the event any person receiving a disability pension as provided herein begins work in some other job, the amount of his pension shall be reduced in the amount received from such other job. 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 5, 1957. Page 2412 RICHMOND COUNTYFOREST AND MINERAL PRODUCTS. No. 185 (Senate Bill No. 88). An Act relating to Richmond County, Georgia, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of forest and mineral products by present and future industries in Richmond County; providing for inducements to encourage industries which utilize forest and mineral products to locate, operate and expand in said county; authorizing said county, towns and cities, to sell, convey, lease or transfer real property and interests therein needed or useful in the construction, expansion, or operation of, or as a site for, such industries under certain conditions and terms; authorizing said county, towns and cities to acquire, construct, improve, extend, operate and maintain systems, plants and properties used or useful in connection with the collection, treatment, aeration or disposal of industrial wastes, effluents, sewerage, and storm water resulting from, incident to, or arising from the construction or operation of industrial plants and facilities of such industries; authorizing said county and each of said towns and cities to obligate themselves by contract with owners of such industrial plants, to collect, treat, aerate or dispose of the sewerage or industrial wastes and effluents of such industrial plants; providing that the exercise of the powers conferred by or enumerated in this Act shall not constitute a public nuisance; 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. Whenever used in this Act, unless different meaning clearly appears from the context: Definitions. (a) The term municipality shall mean the County of Richmond, or any incorporated city or town located in Richmond County; and, Page 2413 (b) The term governing body shall mean the board, commission, council or other local legislative body of such municipality. Section 2. It is hereby determined and declared that the forest and timbered lands and minerals within the State of Georgia are among the greatest and most valuable resources and assets of the State, and, if properly managed and utilized within the State, they will constitute a constantly increasing source of income and employment. Forests and minerals. Section 3. It is further determined and declared that great areas of forest lands and mineral deposits are located within the County of Richmond and surrounding territory, which fact, together with the available transportation facilities of the area and other relevant factors should induce industries which utilize forest and mineral products to locate in Richmond County. Same. Section 4. It is also determined and declared that further inducement of industries which utilize forest and mineral products to locate, expand and operate in Richmond County will result in an enhancement in the value of the timbered and mineral lands of said county and surrounding territory and will greatly stimulate and increase employment in that area, and will be to the best interests of said County of Richmond and its citizens, to the best interests of the counties adjoining the County of Richmond and the citizens thereof, and to the best interests of the State of Georgia as a whole. Same, utilization. Section 5. In order to encourage, foster and further promote the utilization of Georgia forest and mineral products within the State, and particularly within the County of Richmond, any municipality (as herein defined) acting by and through its governing body, in addition to the powers and authority which it may now have, shall have power: Powers. (a) To sell, convey, lease for any term, or otherwise Page 2414 transfer any of its real property, or any interest therein, needed or useful in the construction, expansion, or operation of, or as a site for any industrial plant, system or facility which utilizes timber or other forest and mineral products; Provided, that the governing body of said municipality shall first, in its discretion, determine and declare by appropriate resolution that such property or interest is not necessary to the municipality for other public purposes; and Provided that the consideration for such sale, conveyance, lease or transfer may be the construction, expansion or operation of such industrial plants, system or facility in Richmond County, and the consequential benefit to said municipality or its citizens and only such other consideration as said governing body may, in its discretion, deem proper and fitting, regardless of the actual worth or value of such property or interests; (b) To acquire by gift, purchase or the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, to extend, to operate, and to maintain system, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, aeration, or disposal of industrial wastes and effluents, sewerage, and storm water, or any of them; and as part of the service and operation of such systems, plants, works, instrumentalities and properties, to expel, flow, direct or dump such wastes, effluents, sewerage and storm water into any reservoir, settling ponds, or aeration systems owned, maintained or operated for that purpose, and into any branches, creeks, rivers or streams located in whole or part in said county; (c) To make contracts with the owner or owners of existing, future or proposed, industrial plants of the type which utilize timber or other forest products, or mineral products, whereby said municipality undertakes and obligates itself to collect, treat, aerate, or dispose of the sewerage or industrial wastes and effluents of such industrial plants for and during such period of years in such manner, at such costs, and for such fees, tolls, and Page 2415 charges as the governing body of said municipality may, in its discretion, deem proper and fix by such contract; (d) To advertise the advantages of locating such industrial plants within said county. Section 6. It is determined and declared that the exercise of the powers conferred by section 5 hereof, or any of them, and the doing of the acts and things enumerated in said section 5, or any of them, shall be for the best interests of the public, and the exercise of any such powers, or the doing of any such acts or things by any municipality shall in no event constitute or be declared a public nuisance. Same. Section 7. Be it further enacted by the authority aforesaid that if any part or parts of this Act, or its or their application to any municipality, person, thing or circumstance be held to be unconstitutional or otherwise invalid, the validity of the remainder of this Act and of the application of such part or parts to other municipalities, persons, things and circumstances shall be unaffected. Section 8. Be it further enacted that all laws and parts of laws in conflict with this Act be, and the same are hereby, repealed. Section 9. 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 authors hereof to the effect that said notice has been published as required by law. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. Page 2416 WALKER COUNTYCOMMISSIONER. No. 186 (Senate Bill No. 56). An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended by an Act approved February 18, 1941 (Ga. L. 1941, p. 973), and an Act approved February 12, 1945 (Ga. L. 1945, p. 629), so as to change the compensation and traveling expenses of the commissioner; to provide that the name and the amount of compensation of each county employee shall be published in itemized form in each quarterly financial statement; to prohibit sale of mobile equipment by the commissioner after the nomination of a successor who is not the same person as the incumbent; 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 for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended by an Act approved February 18, 1941 (Ga. L. 1941, p. 973), and an Act approved February 12, 1945 (Ga. L. 1945, p. 629), is hereby amended by striking from section 9 the word and figures five and 5,000 and inserting in lieu thereof the words and figures seven and 7,000, so that section 9 as so amended, shall read: Section 9. Be it further enacted by the authority aforesaid, That the compensation of said Commissioner shall not exceed seven thousand dollars ($7,000.00) per annum, to be paid monthly out of the county depository or treasury. Said commissioner shall give his full time to the discharge of his duties as such. Commissioner, salary. Section 2. Said Act, as amended, is further amended by changing the period at the of said section and inserting in lieu thereof a comma, and by adding at the Page 2417 end of section 10, the following, not to exceed $125 per month. All such expenses shall be published in itemized form in each quarterly financial statement, so that section 10, as so amended, shall read: Section 10. Be it further enacted by the authority aforesaid, that, in addition to the compensation herein provided for, said commissioner, he shall be allowed his necessary traveling expenses incident to the transaction of the business of the county, not to exceed $125 per month. All such expenses shall be published in itemized form in each quarterly financial statement. Same, expenses. Section 3. Said Act, as amended, is further amended by adding a new section to be numbered section 12-A to read: County employees. Section 12-A. The name and the amount of compensation of each county employee shall be published in itemized form in each quarterly financial statement. Section 4. Said Act, as amended, is further amended by adding a new section to be numbered 18-A to read: Sale of mobile equipment. Section 18-A. No sale of mobile equipment belonging to Walker County shall be made by the commissioner after the nomination by a political party that polled at least 75% of the votes cast at the last preceding general election for members of the General Assembly from Walker County, of a successor to the incumbent, who is a person other than the commissioner. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. Page 2418 ROCKDALE COUNTYCOMMISSIONER'S COMPENSATION. No. 187 (Senate Bill No. 162). An Act to amend an Act creating the office of Commissioner of Roads and Revenues of Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved February 23, 1955 (Ga. L. 1955, p. 2433), so as to increase the expense allowance 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 Rockdale County, approved February 18, 1941 (Ga. L. 1941, p. 952), as amended, particularly by an Act approved February 23, 1955 (Ga. L. 1955, p. 2433), is hereby amended by striking from section 8 the words and figures twelve hundred dollars ($1200.00) per annum and inserting in lieu thereof the words and figures two hundred dollars ($200.00) per month, so that section 8, as so amended, shall read: Section 8. The compensation of the commissioner of roads and revenues shall be thirty-six hundred dollars ($3600.00) per annum, plus the sum of two hundred dollars ($200.00) per month as expense allowance, all of which shall be payable in equal monthly installments from the funds of Rockdale County. Commissioner's compensation. 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 5, 1957. Page 2419 TOWN OF LINWOOD CHARTER AMENDED. No. 188 (Senate Bill No. 94). 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. 1007), so as to change the age qualification of voters; to provide an educational requirement for the mayor; to change the compensation of the mayor and councilmen; to provide for staggered terms of the councilmen and a procedure connected therewith; to change the date of holding elections therein; to repeal the provisions relative to a school system therein; to repeal an Act approved March 6, 1956 (Ga. L. 1956, p. 2995), relating to the charter of the Town of Linwood; to provide 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. 1007), is hereby amended by striking from the first sentence of section 5 the words first Monday in January, 1921, and every two years thereafter on the same day, an election shall be held at such place in said town as may be designated by the mayor and council of the Town of Linwood, for a mayor and four councilmen, who shall hold their office for two years and until their successors are elected and qualified, and inserting in lieu thereof the following: second Saturday in December 1957 and every two years thereafter on the same day, an election shall be held at such place in said town as may be designated by the mayor and council of the Town of Linwood, for a mayor, who shall hold office for two years beginning on January 1st following his election and until his successor is elected and qualified. On the second Saturday Page 2420 in December, 1957, there shall be held, at the same time and same place designated for the election of the mayor, an election for four councilmen. The two candidates for councilmen receiving the largest number of votes in such election shall hold office for two years beginning January 1, 1958, and until their successors are elected and qualified. The two candidates receiving the next largest number of votes in such election shall hold office for one year beginning January 1, 1958, and until their successors are elected and qualified. On the second Saturday in December, 1958, and each year thereafter an election shall be held at such place in said towns as may be designated by the mayor and council, an election for the successor to the mayor, if his term expires on January 1 following the election, and to elect successors to the councilmen whose terms expires on January 1 following such election. Councilmen who are elected in the election held on the second Saturday in December, 1958, and annually thereafter shall be elected for a term of two years beginning on January 1 following their election. Election of mayor and councilmen. so that section 5, as so amended, shall read: Section 5. Be it further enacted by the authority aforesaid, that on the second Saturday in December 1957 and every two years thereafter on the same day, an election shall be held at such place in said town as may be designated by the mayor and council of the Town of Linwood, for a mayor who shall hold office for two years beginning on January 1st following his election and until his successor is elected and qualified. On the second Saturday in December, 1957, there shall be held, at the same time and same place designated for the election of the mayor, an election for four councilmen. The two candidates for councilmen receiving the largest number of votes in such election shall hold office for two years beginning January 1, 1958, and until their successors are elected and qualified. The two candidates receiving the next largest number of votes in such election shall hold office for one year beginning January 1, 1958, and until their successors are elected and qualified. On the second Page 2421 Saturday in December, 1958, and each year thereafter an election shall be held at such place in said town as may be designated by the mayor and council, an election for the successor to the mayor, if his term expires on January 1 following the election, and to elect successors to the councilmen whose terms expire on January 1 following such election. Councilmen who are elected in the election held on the second Saturday in December 1958 and annually thereafter, shall be elected for a term of two years beginning on January 1 following their election, and the highest executive officer or representative of the Union Cotton Mills or successor thereto, whether president, vice-president, secretary, treasurer or agent, transacting business of said Union Cotton Mills, or successor thereto, at its office in said Town of Linwood and having his place of business in said Town of Linwood, whether actually a resident therein or not, shall at all times be a member of the council, with full authority to vote on any and all questions before said council, and to act in every respect and with as full authority as any other member of said council. All persons residing within the limits of the Town of Linwood, and who have so resided therein for a period of not less than thirty days at the time of said election, who are qualified to vote for members of the General Assembly of Georgia, who have paid all taxes legally imposed and demanded by authority of said Town of Linwood, and who have registered as qualified voters of said Town of Linwood as hereinafter provided for, shall be permitted to vote in said election for said mayor and council. Said election shall be held by three managers, who shall be residents of said Town of Linwood, and qualified to participate in said election under the rules and regulations governing the election of officers of this State, and a certificate of election, signed by said managers, or a majority of them, shall be sufficient authority to persons elected to enter into the discharge of the duties of the office to which they have been elected. The managers of said election shall, before entering upon their duties as managers, subscribe to the following oath: `All and each of us do swear that we will faithfully superintend Page 2422 this day's election; that we are residents of the Town of Linwood and qualified to vote in said 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 that he is entitled to vote according to the laws of said town, nor will we knowingly prohibit anyone from voting who is by law entitled to vote.' Said oath may be administered by any person qualified to administer oaths. If no such person can be had, said managers may swear each other; said managers shall keep two lists of voters and two tally sheets of said election. In the event that the office of mayor or any member of the board of councilmen shall become vacant by death, resignation, removal, or other cause, the mayor and council shall appoint a successor to fill said office for the unexpired term. Section 2. Said Act, as amended, is further amended by striking from section 6 the word twenty-one and in lieu thereof inserting 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 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; Page 2423 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. Voters. Section 3. Said Act, as amended, 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 education or its equivalent. Mayor's qualification. so that Section 7, as so 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 this 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. Section 4. Said Act, as amended, is further amended by striking section 25 in its entirety 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 Page 2424 a salary not to exceed $300.00 per year to be determined by the council at the first meeting in each year. Each councilman shall receive the sum of $5.00 for each council meeting he attends. Salaries. Section 5. Said Act, as amended, is further amended by striking sections 26, 27, 28, 29, 30 and 31, relating to a school system therein, in their entirety. Schools. Section 6. An Act approved March 6, 1956 (Ga. L. 1956, p. 2995), amending the Charter of the Town of Linwood, is hereby repealed in its entirety. 1956 Act repealed. Section 7. Not less than twenty 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 such 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 gazette of the Town of Linwood. The ballot shall have printed thereon the words: For approval of the Act amending the charter of the Town of Linwood. Against approval of the Act amending 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 the majority of the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are for approval of the Act, then it shall be void and of no force and effect. The expense of such election Page 2425 shall be borne by the Town of Linwood. 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 result of the election. It shall be his further duty to certify the result 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 March 5, 1957. JUDGES' AND SOLICITOR GENERAL'S RETIREMENT FUND OF FULTON COUNTY. No. 189 (Senate Bill No. 80). 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... to repeal all laws in conflict herewith and for other purposes approved January 31, 1946 (Ga. L. 1946, p. 299) as heretofore amended, so as to provide that any judge or solicitor entitled to the benefits of said Act may receive credit for all prior service as an officer or employee of Fulton county, whether such service was performed prior to the enactment of any pension law or after the enactment of a pension law; to provide under what circumstances and in what manner contributions shall be required for credit of such service; 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 provide for the retirement of the Page 2426 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... to repeal all laws in conflict herewith and for other purposes approved January 31, 1946 (Ga. L. 1946, p. 299) as heretofore amended, be further amended as follows: Section 1. The words officer or shall be inserted after the word such and before the word employee in line four of section 4(a) of said Act, as amended by the Act approved March 6, 1956 (Ga. L. 1956, p. 3069, et seq.) and there shall be added at the end of said section 4(a), the following language, to wit: Whenever such service as an officer or employee for which the judge or solicitor general seeking credit under the terms of this provision, was rendered before the enactment of a pension law in which such officer or employee was eligible for membership, no contribution shall be required by reason of such service and credit. Whenever the service for which credit is sought, was rendered by such officer or employee after the enactment of any pension system to which such officer or employee was eligible, contribution shall be required for such period, at the rate of five (5%) percent of the salary of a judge or solicitor in Fulton County during such period, payable in installments and with interest as provided in this section and subsection, so that said section when so amended shall read 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 employee of Fulton County and as such officer or 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 Page 2427 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. Whenever such service as an officer or employee for which the judge or solicitor general seeking credit under the terms of this provision, was rendered before the enactment of a pension law in which such officer or employee was eligible for membership, no contribution shall be required by reason of such service and credit. Whenever the service for which credit is sought, was rendered by such officer or employee after the enactment of any pension system to which such officer or employee was eligible, contribution shall be required for such period, at the rate of five (5%) per cent of the salary of a judge or solicitor in Fulton County during such period, payable in installments and with interest as provided in this section and subsection. Service prior to enactment of Act. Section 2. All laws and parts of laws in conflict herewith be and they are hereby repealed. Section 3. A copy of the notice of intention to apply Page 2428 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. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. SCREVEN COUNTY COMMISSIONERS. No. 190 (Senate Bill No. 71). An Act to amend an Act entitled An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes, approved December 9, 1871 (Ga. L. 1871-2, p. 231) as amended, particularly by Acts approved August 19, 1912 (Ga. L. 1912, p. 456) and August 16, 1915 (Ga. L. 1915, p. 345) so as to change the salary of said commissioners; to authorize said commissioners to employ a warden; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act for the election and creation of a board of county commissioners for the County of Screven, define their duties, and for other purposes, approved December 9, 1871 (Ga. L. 1871-2, p. 231) as amended, particularly by Acts approved August 19, 1912 (Ga. L. 1912, p. 456) and August 16, 1915 (Ga. L. 1915, p. 345) is hereby amended by striking the words and figures two hundred ($200) from section 3, and substituting in lieu thereof the words and figure six hundred ($600) so that when so amended, said section will read as follows: Page 2429 Section 3.Before entering upon the discharge their duties as said commissioners, they shall take oath before the ordinary of said county to faithfully equitably, justly and impartially discharge all the duties of their offices, and in addition shall give bond before the ordinary and his successors in office for the use of the county, in the sum of one thousand ($1,000) dollars each, conditioned to respond in damages for any failure on their part to perform their duties whereby on account of said failure the county might be endangered or any part of said county. Said commissioners shall receive a salary of six hundred ($600) dollars per annum, to be paid quarterly by them out of the general funds. Salary. Section 2. Said Act is further amended by the addition of the following new section: The board of commissioners of roads and revenues of Screven County are hereby authorized to employ a warden for the supervision of prisoners located in said county, and to look after and supervise the maintenance and repair work on all public roads, bridges and causeways in said county. The compensation paid to such warden shall be within the discretion of said board. Authority to employ a warden. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. CITY OF EAST POINT RE-INCORPORATED. No. 191 (Senate Bill No. 89). An Act to amend an Act establishing a new charter for the City of East Point, in Fulton County approved August 19, 1912 (Ga. L. 1912, p. 862 et seq.) and the several Acts amendatory thereof; and for other purposes. Page 2430 Be it enacted by the General Assembly, and it is hereby enacted by authority of the same, that: Section 1. The corporate existence and identity of the City of East Point in the County of Fulton with all authority, rights, powers, jurisdiction, privileges, exemptions and immunities conferred, and all duties, obligations and liabilities imposed, by law, within and throughout the geographical area of said county, embraced within the existing territorial boundary lines of said city are hereby revised and said city re-incorporated, and the several Acts incorporating and amending the charter thereof are hereby consolidated and continued unimpaired except as altered and amended by this Act. Re-incorporation. Section 2. All ordinances and resolutions of said city now in force and not in conflict herewith remain unchanged, subject, however, to be amended or repealed by the duly constituted authorities of said city. All property and property rights now held, owned or possessed by said city, and all pending suits or claims by or against said city are preserved and unaltered. Present laws, rights and liabilities not effected. Section 3. The government of said city shall be vested in a city council, which shall consist of a mayor and eight councilmen, chosen as hereinafter provided, and such other officers and employees as are provided for by this Act or the general laws and such city council as said city council considers necessary and proper to appoint and employ as hereinafter provided. The mayor and five councilmen, or six councilmen without the mayor, shall constitute a quorum of the city council. Less than a quorum may meet and compel the attendance of absentees as provided by ordinance. City council. Section 4. The mayor and councilmen of said city shall be collectively known as City Council of East Point, in which all legislative powers of said city shall be vested. Same. Page 2431 Section 5. No person shall be eligible to hold the office of mayor of said city unless he or she is twenty-seven years of age and is a qualified elector of said city, who shall have continuously resided and maintained his domicile therein for at least two years immediately preceding their election. No one shall hold the office of councilman unless he or she be at least twenty-one years of age, nor unless such person is a qualified elector of said city, who shall have continuously resided and maintained his domicile in said city at least one year immediately preceding such election. Qualifications of mayor and councilmen. Section 6. On the date of the regular general election in 1958, at which Fulton County members of the General Assembly are chosen, an election shall be held in said city for four councilmen. Said election shall be held in each ward precinct at such place or places as the city council designates. Biennially thereafter, elections shall be held in said city at the same time the regular general election is held at which Fulton County members of the General Assembly are elected, to fill vacancies occurring in the office of mayor or councilmen, or both, by virtue of expiration of their respective terms; provided, the terms of none of the present incumbents shall be reduced by this Act except as hereinafter provided, but the term of all nine (9) of them shall continue to the end of the last year of the term for which they have been elected, and until their respective successors shall have been chosen and qualified. From and after passage and approval of this Act the terms of all regularly elected mayors and councilmen shall commence on the first day of January next after their elections, and said officers shall serve a term of four (4) years, and until their respective successors are elected and qualified. Elections. Section 7. The persons elected as mayor and councilmen at such elections shall, on or before the first day of January following their election, qualify by taking and subscribing before some officer authorized by law to administer oaths, the following oath: I, (A.B.), do solemnly Page 2432 swear that I will well and truly perform the duties of mayor (or councilman as the case may be) by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the City of East Point and the common interest thereof. So help me God. They shall file such oath with the city clerk, who shall spread the same upon the minutes of the meeting of the City Council of East Point, next following such filing, unless such oath is filed during a regular meeting of the city council in which latter case such oath shall be spread upon the minutes of the meeting then in session. Oath. Section 8. The mayor of said city shall be the chief executive officer thereof, and shall see that all of its laws, ordinances, resolutions, and rules are faithfully executed and enforced; that all officers and employees of said city faithfully discharge their duties. He shall have general supervision over the affairs of said city, and shall preside at meetings of the city council. He shall convene the city council in special called sessions whenever, in his judgment, it is nceessary. On all questions before the city council, except impeachment trials, he shall be entitled to vote only in case of a tie; provided, he shall have the power to veto any action of the city council except its action in appointing or electing officers and employees, and except its action in an impeachment or removal proceeding against the mayor; and no act so vetoed shall take effect unless subsequently passed over his veto by the affirmative vote of at least five councilmen on a yea and nay vote duly recorded on the minutes of the city council; and, unless he shall file such veto in writing with the city clerk with the reasons for withholding his assent, within three days from its passage, such action of the city council shall take effect as if signed and approved by the mayor, but if he approve it the measure shall go into effect immediately upon such approval. Mayor, duties. Section 9. At its first regular meeting next after the mayor vetoes a measure the city council shall reconsider its action on such measure and the reasons assigned by Page 2433 the mayor for his disapproval, and unless such measure be passed again by the affirmative vote of five councilmen at such next regular meeting, it shall not take effect, and said measure shall not again be considered or acted upon within less than ninety (90) days without unanimous consent of all councilmen present, except in case of substantial change of conditions material to the subject matter of such measure. Veto. Section 10. The term of office of mayor and councilmen shall begin on the first day of January next, following their election, except in case either is elected to serve an unexpired term, in which case the newly elected officers shall qualify and commence serving immediately upon the declaration of the result of the election by the city council, and he shall serve out the unexpired term. Terms of mayor and councilmen. Section 11. The mayor shall receive an annual salary which shall be fixed by the city council, which shall not be reduced during the term for which he shall have been elected, and each councilman shall receive an annual salary of $1200.00. Said salaries shall be paid in twelve equal monthly installments on the last day of each month. In addition to their salaries, each councilman shall be allowed $50.00 each month as expenses. The city council shall provide for payment of all reasonable expenses which may be incurred by the mayor in the discharge of his duties, including an efficient private secretary appointed by the mayor. Salaries. Section 12. The city council shall, in January of each year, elect one of its members mayor pro tempore for a term of one year, who shall discharge the duties and exercise the powers and authority of the mayor in the absence, disability or disqualification of the mayor and during a vacancy in the office of mayor provided his rights and duties as councilman shall remain unimpaired, except he shall not receive the salary or expense of a councilman while receiving the salary and expense of mayor where there is a vacancy in the office of mayor. Before entering on the discharge of his duties the mayor Page 2434 pro tem. shall, in addition to the oath taken as councilman, take and subscribe the oath prescribed for mayor. Mayor pro tem. Section 13. In case neither the mayor nor mayor pro tem. can attend to or discharge the duties of mayor, whatever the cause, the city council shall elect a provisional mayor pro tem. to act until a mayor or mayor pro tem. can act, from its membership, who shall take the same oath and be clothed with all of the rights, power and authority of mayor until a mayor or mayor pro tem. can act. Provisional mayor pro tem. Section 14. If a vacancy occurs from any cause in the office of mayor or councilman more than one hundred and eighty (180) days prior to the next regular city election at which this Act requires such office to be filled by election of the people, the City Council of East Point shall, within thirty days from the date such vacancy begins, order a special election to fill such vacancy, and said special election shall be held within thirty days from the date of the order calling the election, and said order shall be published once a week in two consecutive calendar weeks prior to such special election, in the official newspaper of said city. Said special elections shall be held at the usual place of holding elections for mayor and councilmen in said city, and in all other respects shall be regulated, managed and controlled in the manner hereinafter provided for regular general city elections of such officers. If a vacancy in the office of mayor or councilman occurs within one hundred and eighty (180) days next preceding the regular general biennial city election at which councilmen are elected to fill vacancies occuring by virtue of expiration of their terms of office, it shall be filled by the voters at such next regular general city election of councilmen. Vacancies in office, how filled. Section 15. Until an election is held to fill a vacancy in the office of councilman the remaining councilman from the ward in which the vacancy exists shall fill the vacancy by written appointment immediately upon the death, resignation or removal of the councilman creating Page 2435 the vacancy, which appointment shall be entered on the minutes of the city council, and such appointee shall serve until such vacancy is filled by election. Same. Section 16. If vacancies ever reduce the membership of the City Council of East Point to less than six members, from any cause, such vacancies, except the office of mayor, shall be filled by written appointment by such members as are left able to act, if there be any, until such vacancies can be filed by election duly called for such purpose. If the office of mayor and all councilmen are vacant at the same time so that there is no appointing authority left to fill vacancies until an election can be called it shall be the duty of the Fulton County Ordinary, or the official of said county discharging the duties of ordinary, to appoint, in writing, two councilmen from each ward of said city to act until such vacancies are filled at an election called for such purpose by said appointees of the ordinary of said county, which appointees shall qualify by taking and filing the oath of councilman as if regularly elected, and they shall thereupon select a mayor pro tem. from among their number to act until an election can be called and held to fill the office of mayor. All such appointments in writing shall be promptly entered on the minutes of the next regular or special meeting of such city council. Same. Section 17. Regular meetings of the City Council of East Point shall be held in the council chamber of the city hall in said city, at 7:30 o'clock p.m. on the first Monday in each month, or at such time as the city council shall fix by ordinance. Council meeting. Section 18. Special meetings of the City Council of East Point shall be ordered in writing by the mayor, and the order shall be entered on the minutes of the city council. Such order shall state the purpose for which the meeting is ordered. Each member of the City Council of East Point, except such as waive service, shall be served with a copy of such order by a city policeman who shall deliver a copy of such order into the hands of such councilmen, or by leaving a copy of such order Page 2436 at the most notorious place of abode of such councilmen within said city at least two days before such meeting, which serving officer shall make an entry of his acts and the method of service of such order on the back of a second original of such order, which entry and second original order shall be returned to the city clerk who shall enter the same on the minutes of the city council; provided, a meeting may be held without such notice by unanimous consent of all members of the City Council of East Point, entered on its minutes; provided, that it shall not be necessary to serve a copy of such order on the official ordering the meeting, or on a member waiving such service in writing. Same, special meetings. Section 19. The city council shall be convened in special called session by the city clerk, on written request of four councilmen, if the mayor fails or refuses for five hours after written request of four (4) councilmen to order a special meeting to be convened as soon as possible, or when the mayor and mayor pro tem. are absent, disqualified, or disabled, or in case of the death of the mayor and mayor pro tem. The purpose of all special meetings shall be stated in the order calling them, and in all requests for such meetings, and the reason assigned by councilmen for requesting the clerk to call a special meeting shall be stated. A copy of the order calling such special meeting shall be served in the same manner unless waived, as if such meeting were ordered by the mayor, and the same proof of such service shall be required. Same. Section 20. The failure or refusal of a member of the city council or of any commission, committee, board, bureau or agency of the city to vote when the proper time comes to vote, on a question pending before such city council, commission, committee, board, bureau, or agency, at a meeting legally held at which such member is in attendance shall be construed as a vote in favor of the pending proposal. The failure or refusal of a majority of the member of any such body to vote on a pending measure properly before such body duly convened, Page 2437 shall be counted as votes in favor of the measure under consideration and amounts to its adoption. Failure to vote on proposal, effect. Section 21. Any regular, stated, special, called, adjourned or recessed session or meeting of the City Council of East Point, or of any committee thereof, or of any board, agency, commission or authority of said city, or any department thereof, with a quorum present may, by majority type vote of the members present, then and there entered on its minutes or record of its proceedings, adjourn, continue or recess such meeting or session to any future hour of the same day or to any future day and hour up to but not beyond the next regular or stated meeting or session. Meetings, adjournment. Section 22. The City Council of East Point and all committees thereof, the various commissions, boards, agencies and authorities of said city shall make and keep a correct, complete and accurate record of their respective acts and doings, including written communications on which such bodies are required to act. Records. Section 23. Unless the disqualification of an interested or related mayor or councilman would reduce the qualified members of the City Council of East Point present at a given meeting to less than a quorum, neither the mayor nor any councilman shall be qualified to act or vote in a judicial or quasi-judicial capacity on any matter in which he or they have a direct or indirect personal, financial, political or other interest which will render it impossible for such mayor or councilman to act for the public interest, nor shall a mayor or councilman act or vote in a judicial or quasi-judicial capacity in any case in which he or they are related to any of the parties at interest by blood or marriage within the sixth degrees as computed according to the civil law; provided, that such disqualification shall not be effective unless brought to the attention of the City Council of East Point before taking up the merits of the matter at issue. The City Council of East Point shall judge and decide the question of disqualification of its members in any matter in which the issue is raised. Interest or lack of interest, Page 2438 and relationship or the absence of relationship shall not disqualify a mayor or councilman from discharging his legislative or executive duties. Mayor and councilmen, disqualification. Section 24. If the mayor or any member of the city council of said city shall be guilty of malpractice or wilful neglect of their duties, or abuse of their powers, or guilty of any other unbecoming conduct they shall be subject to impeachment by the city council, and on conviction shall be removed from office. Impeachment. Section 25. In impeachment trials before the City Council of East Point, the affirmative vote of at least five members shall be required to convict, and the mayor shall be entitled to vote except in case he is on trial when he shall not vote. The city recorder shall preside in all impeachment trials unless he is disqualified in which case the presiding judge of the Superior Court of Fulton County shall designate some qualified lawyer to preside over such trial, but such presiding officer over such impeachment trial shall not votge even in case of a tie. The city recorder shall not be qualified to preside over such impeachment trial unless he shall have been actively engaged in the practice of law for at least five years next preceding such trial. On an impeachment trial, a tie-vote shall acquit the accused. An impeachment resolution against the mayor shall not be subject to his veto. A judgment of conviction in an impeachment proceeding shall vacate the office of the convicted mayor or councilman. Same. Section 26. In addition to the method now provided for removal of mayor or councilmen, said officers may be removed during their respective terms in the following additional manner: When one-fourth of the qualified voters of said city, as shown by the qualified voters list used in the last general municipal election, shall file a petition in the office of the city clerk requesting it, an election shall be called and held within sixty (60) days from the date of the filing of said petition, at which election the only subject shall be the recall or non-recall of the mayor and councilmen, or of any one or more of Page 2439 them. It shall be the duty of the board of registrars of said city to check the names of said voters list and certify to the City Council of East Point the number of qualified voters thereon in order that the City Council of East Point may be able to correctly determine whether the required number have signed re-call petition. This certified list shall be submitted to the City Council of East Point with said petition. Said petition must be filed with said city clerk at least five (5) days prior to the meeting of the City Council of East Point at which said petition and certified list is considered by the City Council of East Point so that said list may be checked as herein provided. When said petition with said certified voters list is filed as heretofore provided, the City Council of East Point shall order an election to be held within sixty (60) days as above mentioned if one-fourth of the qualified voters, determined as above provided, appear to have signed said petition. Such election shall be held under the same rules and regulations as govern other regular city elections as far as it is practicable. At such special election ballots as to each office and the holder thereof, shall have printed thereon the date of such election, and shall have the names of the officer and office involved inserted in the blanks as follows, to-wit: Same, recall elections. For the recall of...... Holding the office of...... Against the recall of...... Holding the office of...... If a majority of the votes cast in such recall election favor recalling the officer or officers involved, the office or offices of such officer or officers shall be declared vacant at the moment said votes are canvassed and the result announced by the City Council of East Point, which shall have power and authority to declare the results of such special election even if it vacates the office of every member of the city council. A meeting of the City Council of East Point shall be called and held for this purpose within five days from the date of said election, if the next regular meeting date is more than five days after such special election. At the first regular or such Page 2440 special meeting the election managers shall make a written return of the votes cast in said election to the City Council of East Point, and thereupon the City Council of East Point shall examine said returns and declare the results. Vacancies created by recall as herein provided shall be filled in the same manner as other vacancies in the office of mayor and councilman are filled. Section 27. If an election is held on a recall petition and the official involved wins the election, he shall not be subject to further recall election during the term for which he shall have been elected. Same. Section 28. If an election is held on a recall petition the mayor or councilman for whose recall the election is held shall not be qualified to act on said petition or in receiving and declaring the result of the election held thereon, or in calling an election unless such disqualification makes it impossible to obtain a qualified quorum of the City Council of East Point to act. Same. Section 29. Every person who shall have attained the age of eighteen years and who is a citizen of the United States and who shall have resided and had his domicile in the State of Georgia for one year and in the City of East Point for six months next preceding the date of the election at which he or she offers to vote, and who are qualified to vote for the members of the General Assembly of this State, and who shall have registered as required by this Act, shall be qualified to vote at any city election held under this charter. Electors. Section 30. A board of registrars, consisting of five members, is hereby created for said city, one of which members shall be appointed by the City Council of East Point from each of the four wards for a term of four years, and the fifth member shall be appointed for a term of four years from the city at large by the other four members, and he or she shall act as chairman of the board. In case of a tie vote in selecting the chairman the mayor of the city shall cast the deciding vote. Said Page 2441 board shall register persons to vote within the city and shall keep a separate true and correct list of the persons registered and entitled to vote in each ward. It shall be the duty of said registrars to purge the names of persons who have died or moved away from said city or who are otherwise not entitled to vote, from such list within sixty days from the last date on which persons may register in each election year. The city clerk or his duly authorized deputy shall act as clerk or secretary to said board, and as such shall handle the details of its office work, but final decisions relating to registration of voters and purging the registration list shall be made by said board, the decision of a majority being final in any case. The clerk or secretary of said board may handle all work which said board may authorize him to perform except as herein provided; but any Act or decision of said clerk shall be subject to review by said board; provided all complaints shall be filed in writing within ten days from the date of the action or decision sought to be reviewed, and a decision shall be made thereon by the board at least thirty days preceding the election to which such decision relates. When the registration list shall have been purged as above provided, it shall be filed with the city clerk who shall publish it in the official newspaper of said city one time between July 1st and August 1st, and any one eligible and qualified to vote who shall have been accidentally or by mistake omitted or wrongfully purged from such list, or who shall have moved from the ward in which he or she was duly registered into another ward of said city, may request that his or her name be restored or transferred to the proper list, which request shall be made to the secretary of said board in writing within ten days from the date such list is published, and not thereafter. Such complaints shall be decided and requests for transfers granted or denied as the facts and law of each case require within ten days from date the same is filed and not thereafter, and the correction of such registration list shall be completed on or before the first day of September in each election year. Same. Section 31. The City Council of East Point shall have Page 2442 power and authority to pass such ordinances and adopt such rules and regulations consistent with this Act and the general laws, as it may deem proper for the registration of voters in municipal elections, and the furnishing of lists thereof to candidates and election managers. Same. Section 32. The city council shall appoint, or provide by ordinance for the appointment of three election managers at each voting precinct to receive, count and verify votes in all elections, and such managers shall receive, count and verify all votes polled, and make return thereof, to the next regular or called meeting of the city council. Each of said managers shall have been a bona fide resident of and domiciled in the ward in which he or she acts at least one year next preceding his or her appointment, and before entering on his or her duties, shall take and subscribe the following oath before some officer authorized by law to administer oaths: I do solemnly swear that I will faithfully, fairly and impartially conduct the election for which I am appointed manager, and will allow no one to vote who is not justly entitled to do so, and I will prevent all illegal voting to the best of my ability and power. So help me God. Such oath may be administered by the mayor or city clerk of said city, and in the absence of an officer authorized to administer such oath to such managers, they shall administer such oath to each other. Compensation of all election managers and their clerks shall be prescribed by ordinance adopted prior to the appointment of such election personnel. All city elections shall be held from 7 o'clock a.m. to 7 o'clock p.m., under the same rules and regulations generally applicable to election of members of the General Assembly of Georgia, as far as practicable, except as otherwise provided for by this Act. Provision shall be made by ordinance for secret ballots to be cast by absentee voters. Elections. Section 33. Election managers shall be notified of their appointment by the city clerk, and managers failing to appear by 7 o'clock a.m. on election day shall be replaced by the managers who are present at that time, or by the city clerk if no managers have arrived by 7 a.m. Page 2443 No voter of said city may vote in any ward except in the ward in which he is registered to vote on the date of the election in which he offers to cast his ballot but any person moving from one ward to another may apply for his registration to be transferred from the ward from which he moved to the ward in which he then resides, but no person shall be allowed to transfer registration from one ward to another until a bona fide change of residence to the new ward is actually made. Election managers. Section 34. If any person offering to vote at any election is challenged, he shall take the following oath: I do solemnly swear that I am 18 years of age; that I am a citizen of the United States; that I have resided in and had my domicile in the State of Georgia for one year; and in the County of Fulton for six months; and in the City of East Point for six months immediately preceding this election; and that I am otherwise qualified to vote for members of the General Assembly of Georgia; that I have registered according to law; and that I have not voted in this election. So help me God. And no person challenged shall be allowed to vote if he refuses to take such oath. Any person voting illegally at any election in the City of East Point shall be liable to the same penalties prescribed by the laws of the State of Georgia for illegal voting in the State and county elections and may be prosecuted for the same in any court in Fulton County having jurisdiction. Voters challenged, oath. Section 35. All City elections shall be held separately in each of the wards, that is to say the voters of each ward shall vote only at the voting precinct in and for their respective wards. Wards. Section 36. In all elections a majority of all votes cast in the city shall be necessary to elect; provided, that more than two councilmen shall not reside in or be elected from the same ward of said city; provided, further that a candidate for councilman in any election in said city shall designate the incumbent or last holder of the office such candidate desires to succeed. Page 2444 Section 37. In all city elections the election managers shall count and consolidate the votes cast and certify the results of the election to the city council stating the number of votes cast for each candidate or cause, and shall deliver such certificate with their lists and tally sheets to the city council then in office at its next regular or called meeting, and the city council shall then and there declare the results of such election by resolution entered on its minutes. In each election said election managers shall immediately after counting and tabulating the votes in their respective election precincts make out a duplicate certificate of the results of said election in such precincts, which duplicate certificate together with all of the original ballots cast in such precinct shall be sealed and safely locked in the ballot box or boxes for such precincts, and immediately transmitted by the managers in charge thereof, to the city clerk of said city whose duty it shall be to safely and securely keep such unopened boxes and their contents under lock and key in the vault of said city in his office for 30 days, and until he publicly destroys the same in person under the immediate and personal supervision of the mayor and at least one councilman from each ward of said city; provided, said ballot boxes shall be opened and said ballots examined and counted in the presence and under the supervision of the city council by any candidate desiring to contest an election, or by his or her representative; provided, the keys to the ballot boxes shall be retained by the manager selected in each precinct by a majority of the election managers in that precinct until he opens such boxes for the ballots to be counted or destroyed as above provided. Election contests may be filed at any time within five (5) days after the results of such election have been received and declared by the City Council of East Point, but not thereafter. The only formality required to contest an election shall be a simple written notice to the city clerk stating that the person giving such notice desires to contest the election and setting forth his reasons for contesting the election, whereupon the city clerk shall enter upon such notice the date of its receipt, and make a copy of such notice and immediately hand such copy Page 2445 and the original of such notice to the chief of police, who shall serve, or cause the same to be served, on the opposite party or parties within two days and make an entry on said original notice of his service of such copy and return such original with such entry thereon to the city clerk. Electionsresults, contests. Section 38. In any election by the people, each candidate for public office shall have the right to be present at the counting of the ballots by the election managers, and to see the ballots and inspect the same as they are counted, and to have a representative present for such purpose when it is impossible for such candidate to be present. Same. Section 39. For the purposes of qualifying officers, agents or employees of the City of East Point required to take an oath before entering upon the discharge of their duties, the mayor and each councilman of said city is hereby clothed with authority to administer such oaths, and may administer the oath to each other. Officer and employees, oaths. Section 40. All officers and employees of the City of East Point shall be divided into two divisions: Classified and Unclassified. The Unclassified officers and employee shall consist of all casual, temporary or part time officers or employees, the mayor, the mayor's secretary, members of city council, recorder, city attorney, assistant city attorney, civil defense personnel, city physician, personnel director, members of all boards, commissions, authorities and agencies, who are not regular full time officers or employees of said city. Classified officers and employees shall include all others. Employees. Section 41. The term of office or contract of employment of all Classified personnel shall continue during good behavior and efficient service when such good behavior and efficient service has been established by resolution of the city council after at least six months of such good behavior and efficient service, subject to rules and regulations adopted by ordinances by the city council. Same, terms of office. Page 2446 Section 42. The personnel department of said city shall consist of a personnel director, a personnel board composed of five members and such other officers and employees as the city council shall provide for by ordinance. Three members of said board shall be appointed from the city at large by the mayor with the advice and consent of the city council, and one member shall be chosen from among the Classified personnel by a majority of such classified personnel. The chairman of the city council's committee on personnel shall serve as the fifth member of said board. Each member of said board appointed by the mayor shall serve a term of three (3) years, except the terms of the first members appointed, which shall be staggered one, two and three years. The term of the first members appointed by the mayor shall be fixed in their respective appointments, and shall end on the first day of January in the years 1958, 1959 and 1960, so that annually thereafter one member shall be appointed on the first of January for a three year term. The term, time, place and method for the Classified personnel to select their member of the personnel board shall be prescribed by ordinance. The personnel board now in existence is abolished and the terms of its members terminated. Personnel Department. Section 43. The personnel board shall (a) formulate and recommend fair and reasonable rules and regulations to guide in judging and grading applicants for classified positions, and in promoting, demoting, disciplining and discharging or removing Classified personnel; (b) fairly and impartially apply such rules and regulations when adopted by city council; (c) determine eligibility and qualifications of applicants for Classified positions; (d) fairly and impartially provide for eligibility lists of qualified persons from which to appoint and employ suitable personnel for Classified positions for the respective departments of said city; (e) fairly and impartially hear and determine appeals from appealable decisions relating to the conduct or efficiency of Classified officers or employees, or which relate to promotion or advancement, or to demotion, discipline, Page 2447 removal, or discharge, and the decision of said board shall be final, except in case of removal or suspension of an officer or employee for longer than thirty (30) days, and except for review by certiorari. Same, duties. Section 44. Each member of said personnel board shall receive such compensation as shall be fixed by the City Council of East Point, plus actual and necessary expense for stenographic, secretarial or clerical help and necessary office supplies for the efficient performance of their duties to be judged of and determined by the City Council of East Point. Same, compensation. Section 45. None of the standards, rules or regulations adopted by the personnel board except a decision on an appealable question, shall have any force or effect unless or until they are adopted by city ordinance, and any such ordinance may be amended or repealed at any time by the city council with or without the approval or consent of the personnel board. Same, powers. Section 46. No one shall be finally discharged from the service of the city or any of its departments or agencies except by the city council; provided, that for just cause anyone may be suspended a definite number of days, but not more than thirty (30) days by the head of his department or agency, or by the mayor or other duly authorized person or agency. Discharge of employees. Section 47. Any officer or employee of said city may be disciplined by the mayor or city council, or by both, but there shall be no appeal to the personnel board from a decision of the city council; provided, that no one shall be removed, discharged or disciplined except for good and sufficient cause, and if such removed, discharged or disciplined person shall, within five days from his or her removal, discharge or discipline, file a written request for a hearing, the city council shall provide for such officers or employees to be afforded a reasonable opportunity to be heard on written charges. If such discipline does not include removal from office or discharge from employment or suspension in excess of thirty (30) days Page 2448 such appeal shall be filed with the personnel board which shall hear and determine such appeal. Same. Section 48. All decisions of the mayor or department heads relating to appointment, employment, promotion, demotion or suspension not exceeding thirty (30) days, or other discipline of Classified personnel, or to conditions of employment, or involving a personnel problem, shall be subject to appeal to and review by the personnel board. After hearing such appeal, said board may affirm, reverse or revise the decision appealed from or make such other disposition of the case as will be consistent with this Act and the ordinances of said city. Same. Section 49. The discipline of Classified personnel shall be final and conclusive unless a written appeal is filed within five (5) days from the date such discipline begins; provided, no discipline demotion, removal or discharge shall be of any force or effect unless in writing, dated and signed by the mayor, officer or employee imposing it, a copy of which writing shall be furnished the officer or employee so disciplined on his or her request, but it shall not be necessary to furnish such disciplined officer or employee any notice unless nor until such written request therefor is served in person on the mayor or head of the department in which such discipline is imposed within five (5) days from the date such disciplining begins. Section 50. All Classified officers and employees of said city shall be subject to removal and discharge without cause or notice during their first six months with said city, except as provided for by ordinances. Same. Section 51. All officers and employees of said city shall be subject to discharge or removal from their connection with the city for drunkenness, dishonesty, failure to perform their duties, immoral or indecent conduct, soliciting votes in city elections, oppressive or abusive conduct, or oppressive or abusive use of official position or power, or other conduct unbecoming their station, office or position. Same. Page 2449 Section 52. A bona fide effort by the city council to economize shall be sufficient cause for removing officers and/or discharging employees from the services of said city; provided, that when positions so vacated are refilled the persons removed therefrom, if still available, shall be restored to such positions if they so desire and are still able to efficiently perform all of the duties of such positions; provided, further that a reduction in personnel for economy shall begin with the youngest officers and/or employees in their respective departments in point of service, retaining the older ones according to seniority in point of service. Same. Section 53. If an officer or employee of said city be indicted on a criminal charge by any State or Federal grand jury such indicted officer or employee shall be disqualified to work or act for said city while such indictment is pending, and until such indicted officer or employee is acquitted of the offense covered by such indictment, unless such officer or employee is reinstated and qualified by the affirmative vote of three-fourths of the entire City Council of East Point, including the mayor; provided, the Acts and doings of an indicted officer or employee shall not be held invalid solely because of the pendency of such indictment. Same. Section 54. Discharged or disciplined officers or employees of said city shall receive no compensation for the time elapsing between their discharge or suspension and the filing of their written request for a hearing when such hearing results in their exoneration and reinstatement. Discharged or disciplined officers and employees shall receive no compensation for any time subsequent to the date of their discharge or discipline unless exonerated on a hearing requested within five (5) days from the date of such discharge or discipline. Same. Section 55. The city council shall have power and authority to remove or discipline any officer or officers, and to discharge or discipline any employee or employees for whose discipline, removal, or discharge no other provision is made by this act or other law. Same. Page 2450 Section 56. The city council shall appoint or provide by ordinance for the appointment, qualifications, rights, powers, duties, authority and compensation of all officers and employees not otherwise provided for by law and such compensation shall be fixed prior to their appointment or employment. Employees compensation. Section 57. If there are more than two applicants for an office or position to be filled by vote of city council, and none of them receive a majority of the votes cast on the first ballot, the city council shall then proceed to appoint by such elimination procedure as the city council shall adopt. Employees, hiring. Section 58. Except as provided for Classified personnel by ordinance, all seniority advantages resulting from length of service with the City of East Point shall be forfeited and lost by each officer and employee leaving the service of said city for any cause, and shall not be reinstated, re-employed or re-appointed, to his or her former office or position at a higher rate of compensation except where it is an imperative necessity, in which case such re-appointed or re-employed officer or employee shall occupy the status of a beginner or new employee as if he or she had never been employed, or appointed to any office or position in any department of said city. Re-employment. Section 59. All existing seniority rights of present officers and employees of said city are preserved and continued subject to existing duties and obligations. Present employees. Section 60. No person holding any office or position, elective or appointive, and requiring regular hours, under any Federal, State, county, or other city or other government or governmental agency, shall be eligible to hold an office or position under the government of the City of East Point if such East Point office or position requires regular hours of employment and pays a fixed remuneration for services rendered East Point, and a violation of this section will result in a vacancy in the East Point office or position held by such person violating this section. Full time employees. Page 2451 Section 61. The city council shall have power and authority to require any officer or employee of said city to assume and discharge the duties of any other officer, employee or department under the government of said city without extra compensation; provided, no unreasonable requirement shall be made. Employees, duties. Section 62. Notice to any officer, employee or other person of the time and place of a hearing on any question or matter, with a brief statement of the question or matter to be heard before the recorder's court, the city council, a councilman's committee, personnel board, planning commission, adjustment board, retirement board of trustees, library board of trustees, board of tax assessors or other board, commission, committee, agency, authority or officer of said city authorized to conduct a hearing, shall be deemed reasonable if such notice is served five (5) days before the date of such hearing except where other notice is required by law. Notice of hearings. Section 63. On all such hearings, except the trial of one accused of an offense in the recorder's court of said city, persons notified shall be subject to cross-examination touching all matters material pertinent or relevant on such hearing, and especially when the hearing is requested by disciplined officers or employees of said city, or when such officers or employees are notified to show cause why they should not be suspended, demoted, discharged, or disciplined, and in nuisance abatement proceedings. Hearings, cross-examination. Section 64. Rules of evidence applicable in a justice court shall prevail, as far as practicable, in all hearings and trials before the recorder's court, city council, any committee of the city council, and before any and all boards, commissions, officers, authorities and agencies of said city authorized and empowered to hold a hearing on any matter where the power or function is either legislative, executive, judicial or ministerial in nature. Rules of evidence. Section 65. The recorder's court in and for said city is hereby continued with jurisdiction to try all offenses Page 2452 against the laws and ordinances of said city. It shall have power to enforce its judgments by inflicting such penalties as may be provided by ordinances, and to punish witnesses for non-attendance, and to punish any person who shall counsel, advise, aid, encourage or intimidate a witness against attending or testifying whose testimony is material or desired before said court, or who shall absent himself or go away or remove beyond the reach of the processes of the court after having been notified or summoned to appear. Recorder's court. Section 66. Said court shall be presided over by the recorder. In the absence, disability or disqualification of the recorder, and while a vacancy in the office of recorder exists the mayor, mayor pro tem., or any member of the city council of said city shall be clothed with all the powers of recorder. Court shall be held every Monday afternoon, and from day to day if necessary, or at any other time fixed by ordinance, and as often as may be necessary. Same, presiding officer. Section 67. The recorder shall be at least 25 years of age, and shall have resided in said city for two years next preceding his election. He shall be a qualified voter therein, and shall not hold any other office in said city. Before entering upon the duties of his office, he shall take an oath before some officer authorized to administer oaths, that he will truly, faithfully and honestly discharge the duties of his office to the best of his skill and ability, without fear, favor, affection, reward, or the hope thereof, and do even justice between the city and the accused. This oath shall be entered on the minutes of the city council. Recorder's oath and qualifications. Section 68. The recorder shall be appointed by the city council for a term of four years, and until his successor is appointed and qualified; provided, the current term of the present incumbent shall not expire until the 31st day of December, 1960. Same, term and appointment. Section 69. The recorder may be removed from office by the city council after notice and a hearing before the Page 2453 city council upon written charge of neglect of duty, malpractice in office, or other conduct unbecoming his station. The affirmative vote of a majority of the city council shall be necessary for such conviction and removal. Same, removal from office. Section 70. The recorder of said city shall receive an annual salary fixed by the city council, which shall be received by him in twelve equal monthly installments in compensation for all services required of him. Costs shall be assessed by him in each case in which a fine is imposed, which costs shall be in such amounts as shall have been prescribed by ordinance of the city council, and said costs shall be paid into the treasury of said city. Same, compensation. Section 71. Until some other time for holding the recorder's court is prescribed by the recorder or by ordinance, such court shall be held every Monday afternoon and from day to day until the work of the court has been brought up to date, but the recorder's court may be held at any time fixed by the recorder or city ordinance on reasonable notice to all parties and witnesses; provided five (5) days' public notice posted in the recorder's courtroom and in front of the police station of said city and published in the official newspaper of said city at least five (5) days in advance of any change shall be sufficient. Said court shall be held in the recorder's courtroom of said city, or at such other place in said city as the city council shall provide for this purpose by ordinance, or at such place as the recorder may fix in case of emergency for a single sitting. Time and place of holding recorder's court. Section 72. All persons not intoxicated when arrested and who desire to give bail for their appearance before the recorder's court in bailable cases, shall be allowed to do so. The amount of bail shall be fixed by the recorder, chief of police, or by the arresting officer. Bail. Section 73. The recorder's court shall have power and authority to impose fines to an amount not exceeding five hundred dollars, or to imprison offenders in the city jail for a period of not more than ninety days, or to labor on the public works or streets in the city chaingang Page 2454 for not more than ninety days, or any part of any of such punishments or combination thereof, in the discretion of the recorder for violation of a city ordinance. He shall be clothed with all rights, powers and privileges of the mayor as to said recorder's court, and shall have the same powers as judges of the Superior Courts of this State to punish for contempts by a fine not to exceed fifty dollars or imprisonment in the city jail not to exceed fifteen days. He shall perform the duties of a justice of the peace in issuing warrants for State offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city, and may try and commit the offenders to the Fulton County jail, or admit them to bail in bailable cases for their apperance at the next term of a court of competent jurisdiction. Said court shall have jurisdiction, power and authority throughout Fulton County for the purpose of compelling the attendance of witnesses residing anywhere in said county. Recorder's court, limitation of authority. Section 74. When a corporate defendant is convicted or pleads guilty of an offense or contempt punishable by fine in said recorder's court or before any other body or agency of said city clothed with powers to punish by fine or assessment of cost, the payment of such fines and costs assessed against such corporate defendant shall be enforced by execution issued against such corporate defendant by the city clerk who shall be ex-officio clerk of said court, which execution may issue at once, and shall issue at the expiration of four (4) days from the date of said conviction, if not before, and shall be thereupon delivered by said clerk to the city marshal or his lawful deputy for collection, and unless paid at once, said marshal or his lawful deputy, shall proceed to collect by levy and sale, as in case of levy and sale under tax execution as nearly as practicable. Corporate defendants. Section 75. When a person convicted in the recorder's court, or his attorney, shall give notice that he intends to apply for a writ of certiorari, it shall be the duty of the recorder or other officer presiding over said court to suspend sentence until said certiorari shall have been Page 2455 heard and determined by the Superior Court, and until there is a final determination in case of appeal from the decision of the Superior Court. But no person convicted in said recorder's court shall be released from custody until he shall have given bond with good and sufficient security, which bond shall be fixed and the security approved by the presiding officer of said court, for the apperance of the principal therein to appear and comply with the sentence of the court in the event the same is affirmed. Certiorari. Section 76. Cash bond may be accepted in lieu of statutory bail or recognizance for the personal appearance in court of any one charged with an offense under the ordinances of said city; provided such cash is deposited only with the station lieutenant or other officer in charge of the police station at the time such deposit is made, and a duplicate receipt for such deposit is issued to the arrested person by said station lieutenant or officer in charge of the police station at the time, which receipt shall be furnished to the accused, and a carbon copy thereof shall remain in a wellbound book kept by the chief of police for this purpose. Said receipt shall state the name of the accused, and of the depositor, if they are not one and the same person, the date and amount of such deposit, and the date the case is set for a hearing in the recorder's court of said city. Cash bonds. Section 77. Bail money deposited as aforesaid shall be turned into the city treasury with a report thereof on the date it is received, or before the expiration of the next business day thereafter, and it shall be the duty of city treasurer to keep all such funds in a separate account known as Cash bond fund. Such cash bond funds deposited by or for persons subsequently acquitted of the offense charged shall be refunded within five days to the person or persons to whom the receipt or receipts for such cash was issued, upon due presentment to the city treasurer of the receipt duly issued therefor with the acquittal of the accused properly endorsed thereon by the officer presiding as recorder, in such case and not otherwise. In case of dispute over ownership of such Page 2456 cash bond funds, such funds shall be returned to the bearer of said receipt in all cases, except when such funds are involved in litigation, or said city or its officials are threatened with litigation over such ownership or right of possession of such funds. Same, disposition. Section 78. Said city council shall have power and authority to provide by ordinance that each day an offense continues shall constitute a separate and distinct offense, for which the recorder of said city shall have power and authority to impose additional fines and penalties, and for each repetition of the same offense the court may increase the punishment imposed in the discretion of the recorder. Repeated offenses. Section 79. Cases in the recorder's court shall be prosecuted by the police officer directly responsible for making the case, or by a member of the legal department, but no prosecution for an offense under an ordinance of said city shall be commenced after the expiration of two (2) years from the date said city receives notice of said offense, if the offender has remained unconcealed within the jurisdiction of the recorder's court during such period. Statute of limitations. Section 80. No officer or employee of said city shall be qualified to act in a judicial or quasi-judicial capacity in any case or proceeding in which he or she has a direct or fixed financial interest, nor in any case or proceeding in which he or she is related by blood or marriage within the sixth degree as computed according to the civil law, to a person or persons interested in the result of such case or proceeding, nor in any case or proceeding in which the most interested person or persons are attached to or connected with a department or agency of the city in or to which agency or department such a relative of said disqualified person is attached or connected; provided, this section shall not apply to the mayor and councilmen, who are governed by another provision of this Act; provided, further, that such disqualification may be waived if such waiver is in writing signed by all parties at interest, the City being considered a party Page 2457 at interest in all cases, and the governing authority of the city shall decide whether the city shall waive such disqualification by resolution adopted in each case, and if a waiver is agreed upon such resolution shall designate the officer or employee of the city to sign such waiver on behalf of the city. Disqualifications. Section 81. When anyone is disqualified under the next preceding section and there is no provision for another to act, the city council shall, if no other person or official has the power to do so, designate and appoint a fit and proper person who is qualified to act in such case or proceeding in lieu of such disqualified person or persons and who shall, while so acting, have and exercise all of the jurisdiction, power and authority of such disqualified officer or employee. Same. Section 82. Except as otherwise provided by law, the city council shall provide by ordinance for the form of all accusations, affidavits, warrants, charges, subpoenas and notices in all cases arising out of violations of city ordinances, and the procedure in trials of such cases. Until otherwise provided for by city ordinance copies of charges in the recorder's court shall be signed by a police officer or by the mayor or recorder. In all other cases, such copies shall be signed by the mayor or city clerk until otherwise provided for by city ordinance. Accusations. Section 83. All subpoenas, warrants, executions, notices, levies of executions and entries of levy on executions, and entries of service on warrants or notices shall be amendable at any time by the officer whose work requires amendment. Process, amendable. Section 84. A summons or copy of charges issued by a policewoman shall have the same force and effect as if issued by the city clerk, the mayor or a policeman, and the masculine gender shall include the feminine and neuter genders in all references to either in this Act, unless the context shall clearly indicate a different meaning was intended. Policewomen. Page 2458 Section 85. Persons failing or refusing without a valid excuse, to attend the Recorder's Court or any meeting of the city council or a committee thereof, or of any board, commission, authority, or agency, under the government of said city, after reasonable notice to appear, may be punished by fine for contempt in the Recorder's Court of said city, as may be provided by ordinance. Contempt. Section 86. The city council, recorder's court, all boards, commissions, committees or agencies of said city charged with the administration of any of the affairs of said city shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases and any person failing or refusing to attend as a witness or produce relevent and pertinent documentary evidence within his power, custody or control when duly notified or called upon to do so in a proper case, shall be subject to punishment prescribed by ordinance of said city. Subpoena power. Section 87. The mayor of said city may, on recommendation of the recorder, pardon a city prisoner or reduce his punishment, fine or sentence before such fine has been paid, or such sentence has been served, but after such fine has been paid it shall not be refunded nor any part thereof. Power to pardon city prisoner. Section 88. The administrative department of said city shall consist of a city clerk, an assistant city clerk, and such other officers and employees as the city council shall provide for by ordinance. The city clerk shall attend all meetings of the city council and make and keep an accurate and complete record of all the Acts and doings of the city council, which records shall be properly indexed. He shall make and keep such books and records, and make such entries therein as may be required by law, and the ordinances of said city. He shall perform any and all other duties required of him by law and the ordinances of said city. His books and records shall be subject to the inspection of any citizen of said city at all reasonable times. He shall act as treasurer of Page 2459 said city when required to do so by ordinance or resolution of the city council. Administrative department. Section 89. The city clerk shall, within ten (10) days from the date an ordinance becomes of force, deliver a certified copy thereof to the head of each department to which such ordinance substantially relates, and a certified copy to each of the following officers: recorder, chief of police, and city attorneys. It shall be the duty of each department head so furnished with such certified copy of an ordinance to classify, arrange and alphabetically index and keep the same in his office where ready reference may be made thereto; provided, that one certified copy shall be sufficient if the same person is the head of more than one department. Certified copies of ordinances. Section 90. The city clerk shall enter all executions issued by him on an execution docket to be kept by him for this purpose, in which he shall enter the date, amount, and nature of each execution and to whom delivered, the return thereon, and all proceedings thereunder. City clerk, execution docket. Section 91. Bonds required of all officers and employees except the city treasurer and city clerk shall be approved by the mayor and filed with the city treasurer who shall safely and securely keep and preserve the same subject to the orders of the city council. The bond required of the city treasurer and city clerk shall be approved by the city council and shall be filed with the mayor who shall safely and securely keep and preserve the same subject to the orders of the city council. All bonds and oaths required of officers and employees of said city shall be entered on the minutes of the meeting of the city council at which such bonds are approved and such oaths are taken. Bonds. Section 92. The city clerk may be required by ordinance to act as clerk or secretary to the planning commission, adjustment board, board of tax assessors, or any other board, commission, committee, agency or authority of said city. City clerk, duties. Page 2460 Section 93. The offices of city clerk and city treasurer may be consolidated by ordinance into the office of clerk-treasurer, and such office of clerk-treasurer may be divided and separated into the two offices of city clerk and city treasurer, and this may be accomplished from time to time as the city council shall determine. The person appointed to either of such separate offices shall, during the time such offices are consolidated, have all the rights, powers and authority and shall discharge all of the duties of both of said offices but shall receive the salary of only one. Clerk-treasurer. Section 94. The finance department of said city shall consist of the city treasurer, an assistant city treasurer, and such other officers and employees as the city council shall provide for by ordinance. The city treasurer shall collect and disburse, subject to direction of the city council, all moneys due and belonging to the city as provided by law and the ordinances of said city. He shall make and keep such books and records, and make such entries therein as may be required of him by law and city ordinances. He shall perform all other duties required by law and by the ordinances, rules and regulations of said city. His books and records shall be subject to inspection by any citizen of said city at all reasonable times, and all sums of money paid into his hands shall be for the exclusive use of said city. Before entering upon the discharge of his duties, he shall take and subscribe an oath before some officer authorized by law to administer oaths to faithfully and honestly discharge the duties of his office, and shall execute a bond in a sufficient sum to protect the city against loss, with good and sufficient security to be approved by the city council. He shall keep separate and correct accounts and records of all funds received and disbursed, so that such records will at all times reflect the true and exact amount and condition of such accounts and funds. He shall also make general and special reports to the city council, in such manner and as often as may be required by the city council. Finance department. Section 95. The city council shall provide by ordinances Page 2461 for an annual budget which shall include an itemized statement from each and every department and agency of said city of all revenues such departments and agencies reasonably expect to produce and of all expenditures such departments and agencies reasonably expect to make from the first day of January of the budget year to the 31st day of December of the same year. In no event shall the total of such expenditures in the budget year for all departments and agencies of the city exceed unexpended balance of the previous year plus the total anticipated income for such budget year as set forth in such annual budget. Said annual budget shall be presented, considered, and finally adopted by the city council at or before the first regular meeting of the city council in February of each year; the first budget adopted under this Act shall take effect at the time provided for in the resolution adopting it, but not later than July 1st, 1957, and shall cover the remainder of the year 1957. Budget. Section 96. A budget commission for said city is hereby created which shall consist of the mayor, chairman of finance committee of city council, and the city treasurer. Said budget commission shall, by written orders and subject to provisions of this Act and ordinances adopted from time to time, make such adjustments and revisions in the budget from time to time as the necessities of the case require; provided, the total of such adjustments and revisions during the budget year shall not increase total expenditures provided in such budget for such year. All orders of the budget commission adjusting or revising the budget shall be reported to the city council and entered on its minutes at its first regular meeting after such adjustments and revisions are made. No adjustment or revision in the budget shall of itself, without the prior consent of the city council, take away, increase or decrease the compensation of any one; nor shall a change by the budget commission clearly in conflict with a provision previously made by ordinance or resolution against such a change, have any force or effect without a resolution of the city council consenting thereto. Budget commission. Section 97. The police department of said city shall Page 2462 consist of a chief of police, who shall be city marshal; assistant chief of police, who shall be deputy city marshal; and such other officers and employees as the city council shall provide for by ordinance. Police department. Section 98. The police officers of said city shall have power and authority to arrest all persons within said city guilty of or charged with violating any of the penal laws of this State or any of the ordinances of said city, and all persons committing or attempting to commit any crime against the laws of this State, or any violation of the ordinances of this city. They shall have power and authority to confine all persons arrested in the city prison or in the common jail of Fulton County, and bring them before the recorder's court of said city for trial and commitment. Same, powers and duties. Section 99. Police officers of said city are authorized to be armed with a pistol and black-jack at all times while on duty, but it shall be unlawful for a police officer to lend or let such pistol or black-jack to any one not authorized to receive it. Same. Section 100. That it shall be the duty of police officers of said city to prosecute all offenders against the laws of this State committed within the limits of said city which offenders such officers have apprehended or arrested. Same. Section 101. It shall be the duty of the city marshal or deputy marshal of said city, to levy and collect all executions for taxes or other moneys due the city; to advertise and conduct all sales of property under city execution or other process; execute deeds and other conveyances usual in such cases; and to perform such other services as the city council shall by ordinance require. Same. Section 102. All unclaimed, stolen or abandoned personal property recovered by or coming into the possession of police officers of said city shall be turned into and safely and securely kept by the chief of police of said city, for 60 days unless in the meantime the person Page 2463 or persons entitled thereto, furnish said chief of police with satisfactory proof of their right to possession thereof. If no one entitled to possession of such unclaimed, stolen or abandoned property furnishes said chief of police of said city with satisfactory proof of his or her right to possession of such property within such 60 day period, it shall be the duty of said chief of police to advertise said property for sale for ten days by posting in three conspicuous and public places in said city, a written notice, which shall fully describe the property to be sold, and state the time and place of the sale. Said property shall be sold at the time and place set forth in such notice to the highest bidder for cash by said chief of police or his lawful deputy, unless successfully claimed by the rightful owner in the meantime. Such sale shall be held between 10 o'clock a.m. and 4 o'clock p.m. in front of the police station house in said city. Abandoned property. Section 103. Unclaimed, stolen or abandoned perishable property recovered by or coming into the possession of any member of the East Point police department shall be sold or otherwise disposed of as may be directed by the mayor or any court of competent jurisdiction after such notice shall have been given in such manner as may be required by law. Same. Section 104. Under no circumstances shall said city or any officer or employee of said city complying with the provisions of this Act be liable to any person for loss or damage because of the sale of any unclaimed, stolen, or abandoned personal property, in excess of the net amount realized for said property when sold or otherwise disposed of according to provisions of this Act and the ordinances of said city. Same. Section 105. All executions for the enforcement or collection of fines, assessments, forfeitures, public improvement costs or other claims, demands, or debts, except ad valorem taxes shall be issued by the city clerk and bear teste in the name of the mayor or mayor pro tem. (unless otherwise provided), and shall be directed to the city marshal, chief of police, and all police officers Page 2464 of the said city, and to all and singular the sheriffs and constables of this State, and shall state the purpose or purposes for which issued, and shall be made returnable to the city council ninety (90) days after the date of its issue; and it shall be the duty of the city marshal or other levying officer into whose hands such executions are placed, to levy the same and advertise the sale of the property so levied upon, and sell the same in the same manner as sheriff's sales of real estate and constable's sales of personal property, are levied, advertised, and sold under common law executions, as nearly as is practicable, except such sales shall be made in front of the city council chamber in East Point. In such cases the defendant in execution shall have the right to file an affidavit of illegality if such execution shall have issued illegally or if it is proceeding illegally in either of which cases such execution shall be returned by the levying officer to the Superior Court of Fulton County for trial as in other cases of affidavit of illegality; provided bond shall be made as in other cases of illegality. Such sale shall have the same force and effect as a sheriff's or constable's sale of similar property, and the officer making such sale shall have the same power as a sheriff to put purchasers in possession. Whenever, at any such sale no one present shall offer as much for the property levied upon as the amount of such executions, with all interest and costs thereon, after such property shall have been offered a reasonable time said city shall, through its authorized agent bid on such property, and shall purchase the same on behalf of said city, for not more than the amount of such execution and costs if the value of such property is sufficient to cover such principal, interest and cost, and the marshal or other officer making the sale shall make and deliver to the city a deed to the property so sold, and the title thus acquired by the city shall be and become perfect and valid when the owner's right of redemption, if any, shall have expired, and the marshal or other officer making the sale shall put said city in possession, and the city council shall have no right or authority to divest or alienate the title of the city to property so purchased, except by public sale for cash Page 2465 to the highest bidder in the manner prescribed by law, or ordinance of the city. Executions. Section 106. The city council shall have power and authority to appropriate and pay annually such amount as it shall determine is proper to firemen and policemen for uniforms in addition to their salaries. Uniforms for policemen and firemen. Section 107. All sales conducted by the city marshal shall be held in the same manner as sheriff's sales as far as is practicable, and costs shall be charged and collected in the same manner as far as is practicable in sheriff's sales; provided, however, that said sales shall be held in front of the city council chamber or at such place as shall be provided for by law; provided, further, that notice of such sales shall be published in the official newspaper of said city. Sales. Section 108. All legal advertisements, notices and other matters of the City of East Point required to be published by law or ordinance shall be published in a newspaper which has been established for a period of two years or more and which is published in the City of East Point. Section 109. The city council shall have power and authority to provide by ordinance for the appointment of special, emergency and/or part-time firemen and/or policemen for limited periods of time not exceeding six months at any one time when necessary for a special or emergency purpose; provided, such special or emergency personnel may not be re-appointed as special or emergency personnel except by unanimous consent of all members of city council present. Such appointees may be discharged and removed from the service at any time without cause or a hearing. Special policemen and firemen. Section 110. The city council shall have the power and authority to classify and distinguish different ranks and grades of officers in the police and fire departments by ordinance, and assign to each such duties as it may deem proper distinguishing between the different grades Page 2466 or ranks by such difference in dress, uniform, signs or insignia as said city council shall determine. Officers of police and fire departments. Section 111. The fire department of said city shall consist of a chief, assistant chief, and such other officers and employees as the city council shall provide for by ordinance. Fire department. Section 112. The city council shall by ordinance establish fire limits, enlarge or reduce same as the safety of the city requires. When fire limits are established it shall be lawful to prohibit the erection of any structure therein of any substance except incombustible material, or such as may be allowed by ordinance. Fire limits. Section 113. The sanitary department shall consist of a superintendent, an assistant superintendent, and such other officers and employees as the city council shall provide for by ordinance. Sanitary department. Section 114. The tax department of said city shall consist of three tax assessors, a tax commissioner, and such other officers and employees as the city council shall provide for by ordinance. No one shall be eligible for appointment to the office of tax commissioner, or tax assessor except freeholders residing within said city. Tax department. Tax assessors shall be appointed for a term of four years by the city council, and the current term of the respective present incumbents shall not expire until the first day of January, 1961. The board of tax assessors shall constitute the board of tax appeals. Section 115. The utilities department of said city shall consist of a superintendent, and such other officers and employees as the city council shall provide for by ordinance. Utilities department. Section 116. The engineering department of said city shall consist of a civil engineer and such other officers and employees as the city council shall provide for by ordinance. Engineering department. Page 2467 Section 117. The public works department of said city shall consist of a director and such other officers and employees as the city council shall provide for by ordinance. The city engineer may be the director of public works. Public works department. Section 118. The purchasing department of said city shall consist of a purchasing agent and such other officers and employees as the city council shall provide for by ordinance. Purchasing department. Section 119. Except as otherwise provided by law, no contract in excess of $1,000.00 may be lawfully made by said city without first obtaining competitive sealed bids unless an emergency makes it unwise to take necessary time to secure such bids. In all purchases by the city the lowest and best bids shall be accepted, and in all sales by the city, the highest and best bid shall be accepted, provided, this section shall not apply to marshal's sales under execution, but shall apply to all public improvement contracts, and to all other real estate sales, but shall not apply to a contract if its application would clearly increase the city's cost. It shall not apply to contracts of employment. Same, competitive bids. Section 120. The legal department of said city shall consist of a city attorney, an assistant city attorney, and such other officers and employees as the city council shall provide for by ordinance. The city attorney and the assistant city attorney shall be appointed by the city council for a term of four years, and until their respective successors are appointed and qualified; provided the current terms of the present incumbents shall not expire until the first day of January, 1961. Legal department. Section 121. The inspection department shall consist of a city inspector and such other officers and employees as the city council shall provide for by ordinance. Inspection department. Section 122. The buildings department shall consist of a superintendent and such other officers and employees as the city council shall provide for by ordinance. Buildings department. Page 2468 Section 123. The parks and recreation department shall consist of a superintendent, assistant superintendent, and such other officers and employees as the city council shall provide for by ordinance. Parks department. Section 124. The garbage department of said city shall consist of the superintendent, assistant superintendent, and such other employees as the city council shall provide for by ordinance. Garbage department. Section 125. Every officer and head of a department or agency of said city for whom no oath of office is otherwise provided by this Act or other law shall, before beginning to dicharge the duties of such office or position, take and subscribe an oath before an officer authorized to administer oaths to faithfully and honestly discharge the duties of such office or position. Oaths. Section 126. The officer-employee system of retirement and health and accident benefits is hereby continued as herein revised and re-established, and will hereinafter be referred to as said system. Retirement. Section 127. The city shall levy each payday upon the salaries or other compensation of two hundred ($200.00) dollars, or less, per month, of each and every officer and employee of said city subject to the retirement provisions of this Act, a tax of four (4) per cent of such salary or other compensation, but nothing on that part of salaries or compensation in excess of $200.00 per month, which tax shall be deducted from the compensation of such officers and employees and paid over to the retirement board of trustees. Said city shall appropriate and pay from the city treasury monthly to such retirement board a sum of money equal to the aggregate amount of said tax levied each month, and in addition thereto, shall hereafter underwrite such deficit in the retirement fund as due payment of benefits herein provided may at any time produce. Same, contributions by city and employees. Section 128. The general administration and responsibility for proper operation of said system and for Page 2469 making said system effective shall be vested in a retirement board of trustees consisting of the mayor of said city, a councilman of said city, chosen by the city council, city clerk, one member chosen by majority vote of the members of the retirement system (officers and employees covered by retirement provisions of this Act), assembled for such purpose in the city council chamber of said city at 2:00 o'clock p.m. on the first Wednesday in February of each year. The city clerk shall preside over said meeting and shall certify to the retirement board the name of the councilman appointed by the city council, and shall certify to the said board and to the city council the name of the person chosen by the members of the system to be a member of said board. The fifth member of said board shall be appointed by the other four above mentioned from among the citizens of said city who hold no office or position under or connected with said city. The term of office of the members of said board chosen by members of said retirement system and the member of said board chosen by the other four shall each be two (2) years and until their successors have been selected and qualified. Members of retirement board. Section 129. The incumbent members of the retirement board of trustees now in office administering the retirement system heretofore established shall continue in office to the end of their respective terms and said retirement plan heretofore established shall continue as heretofore, except as revised by this Act, and said board shall at once establish the service record of all officers and employees of said city subject to the retirement provisions of this Act whose service record has not already been established, and shall designate a person to keep and maintain such records, together with records of all monies received, invested and disbursed. Said retirement board shall fix the salary of such designated person, if a salary is paid, and the same shall be paid out of the retirement fund upon proper check in like manner as other payments from such fund. Present board. Section 130. If a vacancy occurs in the office of retirement board trustee, it shall be filled within thirty Page 2470 (30) days, or as soon as is possible, for the unexpired term, by the same method as if the term had expired; provided, however, that actions of the remaining members of the board in the meantime, (a quorum being present) shall be valid and binding in all business which they properly transact as a board. Retirement board, vacancy, how filled. Section 131. The members of said retirement board shall, before assuming office, take and subscribe an oath of office, which shall be filed of record with said board, and a copy of the same shall be filed with the city clerk of said city, who shall enter such oath on the minutes of the city council. The oath of office shall state in substance, That as far as it devolves upon me as a member of the retirement board of trustees of the City of East Point, I will diligently and honestly administer the retirement system and discharge the duties of a member of said board, and will not knowingly or wilfully violate or permit any provisions of the law applicable to the retirement system to be violated. The oath may be taken and subscribed before any officer authorized by law to administer an oath. Members of said retirement board shall serve without compensation. Same, oath. Section 132. It shall be the duty of all members of the retirement board of trustees to attend all meetings of said board, but three members shall constitute a quorum which shall have power to compel the attendance of absent members. Any action concurred in by any three members of said board present at any regularly held or specially called meeting shall be binding. Same, quorum. Section 133. Said retirement board shall establish reasonable rules and regulations for the purpose of administering the retirement, health and accident provisions of this Act, and shall invest funds on hand in excess of an amount sufficient for the purposes of the retirement, health, and accident provision of this Act. Same, rules. Section 134. Any employee dissatisfied with the action of said retirement board shall have the right to appeal to a jury in the Superior Court of Fulton County Page 2471 within thirty days from the date of such action appealed from, but such employee shall defray all expenses of appeal from any action taken by said board. Same, appeals. Section 135. Monies may be withdrawn from the retirement fund only by checks drawn by not less than three persons selected by a majority of the members of said retirement board, and in amounts duly authorized by a majority of the members of said board. Same, checks. Section 136. Retirement Eligibility. (a) Except as hereinafter provided, to be eligible for retirement one shall have attained the age of 65 years, or shall have attained the age of fifty years and shall have been in the service of said city an aggregate of twenty-five years; and shall have paid the required percentage of his salary or compensation into the retirement fund for a minimum of five years. Same, retirement eligibility. (b) No person in the employ of said city on the 31st day of January, 1946, shall be compelled by the retirement board to retire until said person has reached the age of sixty-five years unless the health or physical or mental condition of such person is so poor such person cannot render efficient service. (c) The retirement board may permit a member to work beyond his 65th birthday upon submission of a satisfactory certificate of good health approved by the retirement board. In such cases, the joint contributions to such retirement fund shall continue, and the amount of monthly benefits shall be proportionately increased at time of retirement. (d) Any female member of said retirement system otherwise entitled to retire and receive full maximum retirement benefits may retire on full maximum retirement benefits without regard to her age after she has completed an aggregate of twenty-five (25) years service to said city. Section 137. Retirement Benefits. (a) Members of Page 2472 the retirement system retiring after completing twenty-five years service with said city shall receive monthly benefits for the remainder of their life in a sum equal to one-half of their monthly compensation at the time of their retirement; provided, such monthly benefit shall not exceed $100.00 in any case. For members whose salaries are $200.00 or less per month at date of retirement the amount of monthly benefit shall be one-half of the monthly salary received at time of retirement. Members retiring before completing an aggregate of twenty-five (25) years service to said city shall receive for each year he or she has worked for said city, a monthly sum equal to one twenty-fifth of the amount such member would have been entitled to receive monthly after an aggregate of twenty-five (25) years service to said city. Said benefits shall be paid from the retirement fund herein provided for on the first day of each calendar month until the death of said employee. Same, retirement benefits. (b) The retirement board may, in its discretion, provide for the payment of monthly benefits in case of total or permanent disability of a member of the retirement system due to accident or disease, without regard to the aggregate number of years service of such member to the city, the amount and duration of such benefits being fixed by said retirement board; provided, the amount shall not exceed, in any case, the maximum provided for in paragraph (a) of this section. (c) If a member of said system otherwise entitled to benefit from said system shall become permanently disabled as a result of an accident or disease after an aggregate of ten (10) years service to said city, such member shall for each year he or she has worked for said city, receive a monthly disability benefit equal to one twenty-fifth of the amount he or she would have been entitled to receive on retirement after an aggregate of twenty-five (25) years service to said city. The monthly payments, however, shall not exceed the maximum amount fixed in paragraph (a) of this section at retirement age. (d) When an unretired member of the retirement Page 2473 system dies without having received in cash benefits the amount he or she has contributed to said retirement fund, less five percentum thereof such amount, less any benefits already paid, plus such five percentum, shall be paid to his heirs at law, or to such person, firm, or corporation as may have been designated in writing by such employee before his or her death, or by such retirement board after his or her death, in case such employee failed or refused to make such designation before death. (e) If a retired member of the retirement system dies without having received in benefits a sum equal to the amount he or she has paid into the retirement fund the difference between such amount paid into such fund by such member and the amount received in benefits by such member shall be paid in regular monthly installments or in a lump sum, at the discretion of the board, to the heirs at law of said deceased member or to any person, firm or corporation designated by such member in writing before his or her death, or to such person as may be designated after his or her death by said retirement board, or to his personal representative. (f) In addition to the payments hereinbefore required to be made to or for dependents of members or deceased members of the retirement system, the retirement board of trustees may provide for payment of such monthly sums to such members or dependents of members or deceased members or any of them, for life or for such shorter period or periods of time as the accumulation of joint contributions to such retirement board of trustees by said city and the members of said retirement system, with the income from conservative investment thereof, will safely permit when the system or plan has been worked out and adopted to provide an adequate fund on an actuarially sound financial basis. Section 138. When a member of said retirement system shall die before retirement without having designated anyone to receive a refund or benefits, such benefits or refund shall be paid to such person, firm or Page 2474 corporation as the retirement board of trustees shall designate in writing to receive such benefit or refund for the use and benefit of the person or persons legally or equitably entitled thereto by reason of relationship or payment of funeral or last illness expenses of such deceased member of said retirement system, whereupon said board shall be discharged and relieved from all further obligations to the heirs, executors, administrators, successors or assigns of said deceased. Same. Section 139. Members of the retirement system in the Armed Forces of the United States on leave from their duties with said city by reason of such military service, shall on their prompt return to their duties with said city upon their discharge from such military service, pay into said retirement fund an amount equal to four (4) per cent of the salary at which they return to work upon an amount equivalent to the sum they would have received as salary if they had not been called into military service, and said city shall pay an equal amount into said retirement fund, so that such returning member shall stand on the same footing as members on whose salaries the four (4) per cent tax has been levied and collected and paid into said retirement fund. Such returning members shall be allowed to catch up their contributions to said retirement under and in accordance with such reasonable rules and regulations as may be adopted by said retirement board, and it shall be the duty of said city to deduct such amounts from the salary of such returning members and pay over to said retirement board from time to time as may be provided for by rule, order or regulation of said retirement board in order to catch up the amounts due such retirement fund by such returning member. Same, employees who serve in Armed Forces. Section 140. Any member of the retirement system who shall leave the service of the city for any reason other than retirement by the retirement board of trustees, shall be refunded all monies he or she has paid into the retirement fund, less five (5), per cent thereof, which five (5) per cent shall remain in said fund; provided; however, that if any such person subsequently returns to Page 2475 the employment of said city such person shall not receive credit for the time he or she was not in the service of said city, nor shall such person receive credit for services rendered prior to such withdrawal, unless and until he or she shall have repaid such sum as he or she withdrew plus five (5) per cent thereof into said retirement fund. Same, employees leaving service of city. Section 141. All regular full time officers and employees of said city, under forty (40) years of age when employed by said city, including library employees and other professional personnel, firemen, policemen, clerks, mechanics and persons of skill, shall be subject to the provisions of this Act. Occasional, temporary, or part time officers and employees and day laborers may or may not be included in the discretion of the retirement board and subject to rules established regarding them by the retirement board of trustees, but the retirement system shall not include the mayor, councilmen, recorder, city attorney, assistant city attorney, city physician, nor members of the various boards, commissions, authorities and part time agencies of said city. Same, exempt personnel. Section 142. Notwithstanding any other provisions of this Act, no one appointed or employed by said city on or after January 1, 1946, shall be subject to the provisions of this Act relating to retirement or health and accident benefits if he or she was over 40 years of age on the date of his or her appointment or employment by said city, unless such employment commenced prior to January 1, 1946. Same. Section 143. None of said retirement funds nor any of the benefits under the retirement system provisions of this Act shall ever be subject to garnishment or assignment for any purpose. Same, assignment and garnishment. Section 144. Said city may provide by ordinance for payment to its officers and employees their regular rate of salary or compensation for limited periods of time during their disability when the loss resulting to such officer or employees from such disability is not covered in whole or in part by workmen's compensation or other Page 2476 form of insurance, retirement or disability benefits provided in whole or in part by said city, and the difference between such benefits and the regular rate of salary or compensation in cases where the loss resulting from such disability is partially covered by workmen's compensation or other forms of insurance, retirement or disability benefits the premiums or consideration for which insurance, retirement or disability benefits is paid in whole or in part by said city. Same disabled employees. Section 145. Said city shall have power and authority to obtain group life, health, accident, medical and/or hospitalization insurance for its officers and employees desiring it, and to pay all or such part of the premiums thereon, and to deduct such part of such premiums from the salaries or other compensation of such members of such group, or groups, as shall be determined by the city council, when agreed to by such officers and employees. Group insurance. Section 146. Said city shall have power and authority to pay all or such part of the premiums for such amount of group life insurance for such group, or groups, of its retired officers and/or employees for such time as may be determined by the city council; provided, said city shall not pay on more than two thousand dollars of insurance for any member of such group nor more than one-half of the premium on such amount. Provided, that part of the premium payable by such retired officers or employees on such insurance shall be deducted by the city clerk from their retirement benefits with their written consent. Same. Section 147. Said city shall have power and authority to rent, lease, sell and dispose of any or all of its parks or other real estate for a fair and adequate consideration. Parks. Section 148. Said city shall have a corporate seal which shall consist of an oval shape metal stamp with the words, City of East Point, Georgia, Seal, and the figure 1889 so fixed and arranged in such metal stamp that said seal can be impressed on documents and written instruments to which said city is a party. The city clerk Page 2477 shall have custody of said corporate seal, and shall impress documents therewith when duly authorized. Corporate seal. Section 149. The City of East Point shall have power and authority to operate, enlarge, expand, extend, improve, construct, lay, maintain, remove, repair, and replace water, electric, sewer and sanitary lines, systems and facilities within and without said city (including garbage disposal facilities and premises), and to any point and at any place within or without said city, and to charge, contract for and receive compensation for such service, and on such terms and conditions as may be prescribed by the city ordinance, and for such purposes said city shall have the power of eminent domain which it is hereby authorized to exercise to acquire by condemnation any lands, easements, rights-of-way and other properties or rights therein deemed needful or convenient for any of said purposes when necessary to acquire the same. Powers of city. Section 150. The city council shall have power and authority to make or cause contracts to be made to furnish customers with electric energy, lights and water within and without the territorial limits of said city when this can be done without adversely affecting the inhabitants of the city. Same. Section 151. Said city shall have complete power, authority, and jurisdiction for all purposes over all of the lands on, over, or through which trunk or intercepting sewer, water and/or electric transmission lines and/or facilities have heretofore been, or may hereafter be constructed and maintained by said city, and which it is the duty of said city to inspect, improve and maintain within or without the limits of said city, for the full distance of said lines or facilities and ten feet in all directions from same, and over the lands purchased by said city for the location and maintenance of such facilities, and all such lands are hereby incorporated in and made a part of said city, except such as is located within the corporate limits of another municipality. Same. Page 2478 Section 152. In all water, garbage, sewer or other lines, mains, plants and facilities in the purchase, construction, acquiring, operation or maintenance of which said city participates by furnishing money, labor or material, said city shall exercise a joint control with any other political subdivision cooperating in purchasing, construction, operation, or maintenance of such facility. Same. Section 153. For water furnished, and for all sewerage and sanitary services rendered, said city shall have a lien prior and superior to all other liens except taxes, against the premises served, whether the person requiring such service be the owner of such premises or not, from the date the contract is made or the service commences, up to and until all charges therefor shall have been paid in full. Same. Section 154. No sale, conveyance or disposition by said city of its water or electric properties or franchises, or of any interests therein, shall ever be of any force or effect unless or until approved by the duly qualified voters of said city voting at an election specially called for this purpose; a notice of which election shall be published once a week in the official newspaper of said city for four weeks next preceding such election, which notice shall state the name of the proposed buyer, the terms and conditions of the proposed sale, the date of the election, the location of the voting precincts, and such other information as the city council may order. Referendum. Section 155. For the purpose of raising revenues for the support and maintenance of said city, the city council shall have full power and authority to levy, assess and collect for the ordinary current expenses of said corporation, an ad valorem tax on all property, real, personal, and mixed, including money, notes, stocks, bonds and other evidences of debt, money used in banking and every other species of property in said city, or owned or held therein, which may be lawfully taxed by said city, which tax shall not exceed fifteen mills on each dollar of taxable value, exclusive of amounts required and sufficient to provide a sinking fund for the purpose Page 2479 of paying the principal and interest on the bonded indebtedness of said city as required by law. The ad valorem tax above authorized for general purposes and the bond interest and sinking fund tax shall be levied by separate ordinances, and each shall specify the purpose for which the tax is levied, and all proceedings for collecting said taxes shall show the amount due on each of said tax levies. Taxes. Section 156. The city council shall provide by ordinance for the returns and assessments of all taxable property in said city and provide suitable penalties for neglect or refusal to comply with the same. Same returns. Section 157. All properties subject to taxation by said city shall be returned for taxation at their true and fair market value by the owners thereof or their duly authorized agents, to the city tax commissioner, who shall act as tax receiver. If such properties are not returned, or if returned at less than their fair market value, such tax commissioner shall assess such properties at their fair market value from the best information he can obtain as to their value for the taxable year, but such assessment shall not become final until twenty days after such property owner shall be notified of said assessment by registered mail by said tax commissioner. If no appeal is made within such twenty day period the assessment of the tax commissioner shall be and become final. If such property owner is dissatisfied with such assessment by the tax commissioner such property owner shall file his objections in writing with the board of tax assessors within such twenty days. Same appeals. Section 158. It shall be the duty of the tax commissioner to receive tax returns, assess unreturned property and property returned at less than its fair market value after notice to the owner to return his unreturned property or correct his erroneous or false return and after affording such property owner an opportunity to be heard, collect all property taxes and promptly pay over the same to the city treasurer, equalize taxes, determine, subject to revision by the board of tax assessors, the Page 2480 value for taxation of all real and personal property subject to taxation within said city, seek out and return or cause unreturned properties to be returned and assessed for taxation from the best information he can reasonably secure from the most reliable sources as determined by him, issue and file for record on the general execution docket tax fi. fas. for taxes not paid when due, and proceed at once to collect same by placing such fi. fas. in the hands of the city marshal for prompt collection by levy and sale, and such tax commissioner may sue at law or in equity for such taxes; provided, such tax fi. fas. may be sold and transferred by the city marshal for the full amount of taxes and accrued interest and costs. Said commissioner shall perform such other duties as may be incident to his office or the duties thereof, and such others as may be required by ordinance. Tax commissioner's duties. Section 159. When a taxpayer shall be dissatisfied with an assessment made by the tax commissioner such owner or taxpayer may appeal such assessment to the board of tax assessors by filing a written appeal with such board within twenty days from the date such taxpayer receives notice of such assessment. If the owner's valuation as shown by the owner's return of the property is increased by the tax commissioner, such increase shall be in writing and such owner or his duly authorized agent shall be notified in writing of such increase. The filing of an appeal with the board of tax assessors shall be sufficient when such appeal is filed in writing with the city clerk and a copy thereof delivered to the tax commissioner by the appealing taxpayer or his duly authorized agent within. Appeals from tax commissioner's assessment. Section 160. The city council shall have power and authority to levy, assess and collect a tax upon all bonding, insurance and other capital employed therein; to impose, levy, and collect a specific or occupation tax and license against factors, bankers, agents, managers of gift enterprises, and all persons exercising an occupation, profession, trade, calling or business of any nature whatever within said city; provided, such tax or Page 2481 license is not in conflict with the laws of this State. The city council shall have power and authority to tax all theatrical performances, circuses, street parades, exhibitions, athletic, sports and all other kinds of shows, entertainments, and activities within the corporate limits of the city. They shall also have power and authority to levy and collect a street tax on every inhabitant of the city subject to road duty between the ages of 18 and 50 years; provided, such street tax shall not exceed three dollars per annum for each person; and provided, further, that such person may satisfy the same by working five days on the streets under the direction of the city authorities; and in case of a failure to do said work or pay said street tax, the recorder's court may enforce the same by fine and execution or compulsory labor on the streets in the discretion of the recorder as may be provided by ordinance. Business and other taxes. Section 161. All ad valorem taxes shall be due and payable on the same date Fulton County taxes are due and payable in the year for which they are levied and assessed, and all taxes shall bear interest at seven per cent (7%) per annum from their due date, and said city shall have a lien upon all property of the taxpayer prior and superior to all other liens from the first day of January of the year for which such taxes are levied and assessed. Tax liens. Section 162. All annual business licenses and permits issued by the City of East Point, whether of a revenue raising or regulatory nature, shall be issued to take effect on the first day of January in each year and expire on the last day of December in each year commencing with 1957, provided no license or permit issued prior to December 31, 1956, shall expire prior to its normal expiration date by virtue of this section. Business licenses. Section 163. The city council may levy, assess and collect a reasonable sanitary tax and/or garbage removal tax, for sanitary and garbage removal purposes, against improved real estate and the owners thereof, and their Page 2482 tenants, and shall have power and authority to collect the same by execution or otherwise against the lot so assessed, and the owner or occupant thereof. The amount so assessed shall be a lien on such lot and all other property of the owner thereof from the date of the assessment. The execution shall be issued by the city clerk and enforced in the same manner, as far as is practical, as tax executions in said city. The city council shall have power and authority to prescribe the dimensions of a lot for the purpose of taxing for sanitary and garbage removal services; provided, no lot shall have less than twenty-five feet front for such purposes; provided, that resident lots shall not be sub-divided for such assessment. Business Sanitary tax. Section 164. Said city shall have and exercise the power of eminent domain when necessary to acquire easements, rights-of-way, and any other necessary property or interest in real property within and/or without its territorial limits, and without the limits of Fulton County when necessary by condemnation for public use for streets, sidewalks, drives, buildings, parks, water supply, or water reservoir, or water line, hospital, drainage, sewers, septic tanks, crematories, electric plants or lines, gas plants or lines, farms for city prisoners to work, and/or land-fills for handling and disposing of sewerage, and/or garbage, and for all other public purposes and improvements, such condemnation and the exercise of such power of eminent domain to be in such manner and form as provided by law, and said city shall, when necessary for public purposes, condemn and take personal property in the same manner it takes real estate as nearly as may be by exercise of the same power of eminent domain. Power of eminent domain. Section 165. In case any sewer or part thereof shall be located upon or through private property, or when such location shall be in the public interest, and the owners of said property fail or refuse to grant a right-of-way for such purpose, or such owner or owners and the authorities of said city cannot agree upon the damages to be paid to such owner for a right-of-way, such damage Page 2483 shall be assessed in condemnation proceedings by exercise of the power of eminent domain which power is hereby granted to said city for such purpose. Upon payment or tender of the amount of the award the work may proceed, notwithstanding the entering of an appeal. Same. Section 166. Said city shall have full and complete power and authority to exercise the power of eminent domain to acquire rights to take water from navigable and non-navigable streams and from lakes and other places within and without the limits of said city and without the County of Fulton; and to exercise such power of eminent domain to acquire land or any interest therein necessary for water, sewer or electric lines, and necessary appurtenances, or necessary in order to lay out, grade, open, pave, straighten, maintain, elevate, lower, improve and relocate, streets, lanes, sidewalks, alleys, and ways on, in, across, along, through, under or over private property, and/or property already devoted to public use, and particularly Fulton County school property; and also under, over or across the rights-of-way of public utility companies, such as railroad, express, telephone, telegraph, electric, gas, street railway, trackless trolley companies, and all others having the right to acquire private property by exercise of the power of eminent domain or any similar power. Said city shall likewise have this power for the purpose of acquiring any other right or property or interest therein for any public purpose, building or improvement within or without said city, and within or without said county, and especially for the purpose of obtaining an adequate water supply. Same. Section 167. To open, lay out, grade, widen, construct, pave, re-pave, curb, and otherwise permanently improve any and all streets, sidewalks, and ways, and to maintain, relocate, repair, repave, extend, abandon or close them, and to construct, maintain, repair, replace and remove street curbing, sidewalks, alleys or ways. To provide funds for these purposes all sidewalk, curbing and service sewer construction costs except costs of service sewers which cannot serve the abutting real Page 2484 estate nor the owners thereof shall be assessed against the abutting real estate and owners thereof, but only on the side of the street on which such improvements are made, if on one side only. One third of the cost of street construction may be assessed against abutting real estate and owners thereof on one side of such street, and one-third against abutting real estate and the owners thereof on the other side, the city paying the remaining third. In real estate subdivisions all street construction costs shall be assessed against the abutting real estate and owners thereof. Cost of maintenance and repair of all city streets shall be paid out of the city treasury except in special cases provided for by city ordinance. Streets. Section 168. Cost of sewers shall not be assessed against abutting real estate which cannot be served or benefited by such sewers which are constructed solely for the benefit of other real estate or the owners thereof other than such abutting real estate; in which latter case, the costs shall be assessed against the real estate to serve which such sewer is constructed. Sewers. Section 169. The cost of water lines shall be assessed against the abutting real estate and owners thereof when such lines are constructed solely for their benefit if the city derives no benefit from such lines. Water lines. Section 170. Provision shall be made by ordinance for all sewer, sidewalk, street or street curbing construction, maintenance or repairs if any part of the cost thereof is to be assessed against abutting or other real estate or the owners thereof. After the first reading of such ordinance, notice that it has been introduced shall be published one time by the city clerk in the official newspaper of said city at least eight days before final passage of said ordinance. Said notice shall state that such ordinance has been introduced in city council and shall include a general description of the improvement, its location, estimated cost, and shall state that the actual cost or such part thereof as the ordinance provides, will be assessed against the abutting real estate and the owners Page 2485 thereof, or against such real estate and the owners thereof as shall be benefited by such improvement, and that anyone objecting to such improvement, or objecting to the amount of his or her assessment may appear and make such objections at the next regular meeting of the city council after the expiration of said eight days. No other or further notice of any kind shall be required, but if some other notice is given or ordered to be given failure to give such additional notice shall not invalidate such ordinance or the assessment of such costs or the lien herein created against such abutting or other real estate nor the ordinance assessing the costs of such improvement. The second reading of such ordinances shall not be waived until the expiration of said eight days after said publication of notice required by this section. But after the expiration of said eight day notice such ordinances may be taken up and adopted at any regular meeting of the city council without further notice. City ordinance involving sewers, etc. Section 171. When the city council orders any street, sidewalk, or way paved or otherwise improved, upon which any public property abuts, the city council shall assess the cost of such improvements against said public property in the same manner and to the same extent as it does where private property is assessed. And when any street, sidewalk or alley is paved or otherwise improved upon which public property abuts and the public officer or agency controlling such public property fails or refuses to pay the assessed cost of such improvements the city council shall enforce payment of the same by mandamus or other appropriate legal proceedings; provided, such action for collection of the assessed cost of such improvements upon which public property abuts may be defended by the authorities in control of said public property by proving that the amount claimed to be due, or some part thereof, is not justly due or owing by said authorities; and, provided further, that when any action is begun and said authorities admit that part of the amount claimed is due, the amount so admitted to be due shall be paid as a condition precedent before any defense shall be heard by any court. Same, assessments. Page 2486 Section 172. Cost assessed against abutting or other property and the owners thereof for sewers, sidewalks, streets, or street curbing shall, except as otherwise provided by this Act, include all costs of such improvement, including necessary engineering, surveying, ditching, back filling, grading, blasting, dynamiting, pipe, and all other labor and materials, and shall include tearing up and reconstruction, repaving, repairing, and replacing of sewers, streets, sidewalks and street curbing, and extending, relocating and regrading for any of these, to the private property line of the property assessed. Expense of maintenance and repairs of public streets shall not be assessed against abutting real estate, but cost of maintenance and repairs of sidewalks, curbing and service sewers shall be so assessed. Same. Section 173. To secure costs of streets, sidewalks, sewer and/or street curbing assessed against abutting or other real estate and the owners thereof, and costs of repair of any of these, said city shall have a lien against such abutting real estate and the owners thereof, or against the real estate and the owners thereof for the sole benefit of which such improvement is made, from the date of adoption of the ordinance providing for the work and assessing the cost, which lien shall be prior and superior to all others except State, county and city taxes, and the City of East Point shall have the right to sell and transfer all such liens and claims to third parties, who shall be protected by the same lien and rights as the city has and holds against such property and the owners thereof. Nothing in this section shall be construed to deprive the property owner of the right of paying for said improvement in cash at the completion of the work if he desires to do so. Same. Section 174. When any street, sidewalk, sewer or curbing or other improvement shall be constructed, reconstructed, repaired or replaced, pursuant to an ordinance providing for the same and providing for assessment of the cost thereof, or a part thereof, against the abutting or other real estate, the owners thereof shall be Page 2487 allowed to pay for the same, except in case of repairs, as follows: One-fourth cash and the balance in four equal annual installments within the next four years thereafter, with interest on said deferred installments at the rate of seven per cent (7%) per annum from the date of adoption of the final assessment ordinance, provided, the city council may provide in the ordinance providing for the improvements, or in the ordinance assessing such costs, for said costs to be paid one-fourth cash and the balance in any number of equal annual installments during the next four years. Same, payment. Section 175. Sidewalks shall be constructed on one side of a street and the cost thereof assessed against the abutting real estate and owners thereof on that side of such street if the owners of more than fifty per cent (50%) of the street frontage on that side of said street so request. Sidewalks may be constructed on either or both sides of a street, and the cost thereof shall be assessed against the abutting or other real estate and the owners thereof, without the consent of any of such abutting or other real estate owners when the city council of East Point deems it proper or desirable for such sidewalks to be laid and they are not laid for the sole benefit of persons other than such abutting or other real estate owner. Sidewalks. Section 176. Costs assessed against property and the owner thereof for street, sidewalk, curbing, sewers or other like or similar work shall all become due and payable in full if any installment is not paid within thirty days from the day it is due. Payment of assessments. Section 177. In case any sewer is laid down or constructed by or for said city through or over any private property, or along the course of any natural drain or otherwise, the costs thereof may be assessed against abutting properties and the owners thereof on each side of said sewer. Sewers, cost assessed. Section 178. The city council shall have full power Page 2488 and authority to enforce collection of amounts so assessed by execution against the real estate so assessed and the owner thereof at the date of the ordinance providing for the work, which execution, if not paid, shall be levied on such real estate by the city marshal or his lawful deputy, and after advertisement as in cases of sales for East Point city taxes, such property shall be sold at public outcry to the highest bidder for cash, if such execution and costs have not been previously paid; provided such property owner shall have the right to file an affidavit denying that the whole or some part of the amount for which the execution issued is owing or due, and stating what amount, if any, he admits to be owing, which amount so admitted to be owing shall be paid to the levying officer before the affidavit shall be received, which affidavit when received shall be returned to the Superior Court of Fulton County and there tried and the issue determined, as in case of illegalities, subject to all the penalties provided by law in cases of illegality filed for delay only. Collection of assessments, affidavits of illegality. Section 179. Any street railroad company or other railway company having a track or tracks running along or across a street or streets of said city, shall be required to pay the cost in full for paving or otherwise improving such street or streets between their tracks and two feet on each side thereof. Street railway. Section 180. Notice, in nuisance abatement proceedings by said city, where the nuisance consists of a condition or conditions of property of an owner residing or having its office without the limits of said city shall be given to such owner or his agent within Fulton County, but if such owner cannot be served with notice, and has no agent within said county, a warrant shall issue against such owner, and shall be executed by any sheriff, deputy sheriff, constable, marshal, policeman or coroner of any city, town or county in this State, and said City of East Point shall cause said nuisance to be abated at the expense of said owner and an execution to issue for such expense which shall be levied on the owner's real Page 2489 estate or personalty within said City of East Point, or wherever it can be found, and said expense and execution shall constitute a lien against all property of such owner prior and superior to all others except taxes. Property levied on under such execution shall be advertised and sold as property is sold for taxes in said city. Such expenses may be collected by any other legal process if there is no real estate in East Point subject to levy and sale under such execution. Abatement of nuisances. Section 181. No franchise granted by said city may be sold, transferred, or assigned to or used by anyone other than the grantee without adequate compensation and the written consent of the city council of East Point. Franchises. Section 182. A majority of the members of any board, committee, commission, agency or authority of said city, or of any committee of the city council shall constitute a quorum for the transaction of business properly before any such body, and if such quorum shall consists of two persons who disagree on a question under consideration it shall be continued until another member of such body is present unless it is of such gravity that further delay cannot be justified, in which event the member of such board, commission, committee, agency, or authority who is of higher rank or senior in point of service on such board, commission, committee, agency or authority shall submit the matter to the mayor at once, and the mayor shall decide the issue if he deem it a real emergency. Board and committee meetings. Section 183. The city council, recorder's court, all boards, commissions, committees or other agencies of said city charged with the administration of the affairs of said city (excluding individual officers except in cases in which they are specially authorized by law or ordinance) shall have power and authority to compel the attendance of witnesses and the production of relevant and admissible documents in proper cases and any person failing or refusing to attend as a witness or produce relevant and pertinent documentary evidence within his power, custody or control when duly notified or called upon to Page 2490 do so in a proper case shall be subject to punishment prescribed by ordinance of said city. Subpoena power. Section 184. The forms of executions for taxes, costs of construction of streets, street curbing, sidewalks and sewers and for repairs or improvements thereof and for fines and forfeitures in the recorder's court of said city and for any other expense, costs, charge, license, or assessment shall be prescribed by ordinance; provided, this section shall not invalidate any form now in use by said city. Forms now in use by city. Section 185. All sales conducted by the city marshal or his lawful deputy shall be held in the same manner as sheriff's sales as far as is practicable, and costs shall be charged and collected in the same manner as far as is practicable in sheriff's sales; provided, however, that said sales shall be held in front of the city council chamber or at such place as shall be provided for by law; provided, further, that notice of such sales shall be published only in the official newspaper of said city. Marshal's sales. Section 186. The territorial boundaries of said city as heretofore established shall remain unaffected by this Act. City limits. Section 187. Said city shall provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or valid ordinance of said city to be adjudged a nuisance, and for its abatement at the owner's expense, upon his failure or refusal to abate same within ten days after written notice from said city to do so. Abatement of nuisances. Section 188. At 7:30 p.m. on the first business day after the first day of January in each odd numbered year, the city council shall meet in the council chamber of the city hall. The mayor-elect and councilmen-elect either or both, shall take their seats at the council table, and enter upon the discharge of their duties upon qualifying by filing their oath of office with the city clerk. Page 2491 Whereupon the city council of East Point shall select a mayor pro tem. and appoint or authorize the appointment of such other officers as may then be necessary, and employ or authorize the employment of such employees as may then be necessary and proper to employ. Council meetings. Section 189. Every ordinance shall be read at two different regular meetings of the city council unless one reading be waived by unanimous consent of the members present at a meeting duly convened if a quorum be present at such meeting; provided, the second reading of an ordinance providing for construction of a street, sidewalk, sewer, street curb or for reconstruction, replacement, or repair of any of these at the expense of another, which ordinance assesses such expenses against the abutting or other real estate, shall not be waived until after publication of notice for eight days by the city clerk as required by this Act. Enactment of ordinances. Section 190. The city council shall have power and authority by ordinance to tax, license, and regulate the operation of automobiles, railroad trains, steam engines, locomotives, street cars, electric or gas busses, trolley cars, bicycles, motorcycles and other vehicles within the city limits and fix maximum and minimum speed limits for them, and prescribe minimum qualifications of operators of such vehicles, and the manner in which the same may be operated, and require such machines and their owners to be registered, and may make such other provisions as may seem prudent for the safety of the driver, passengers and the public. Powers of city council. Section 191. Soliciting charity or relief campaigns within said city shall be subject to ordinance regulation by the city council which shall likewise regulate the storage and keeping of gasoline, kerosene, gun powder, dynamite, nitroglycerine and other inflammable or explosive materials within the city limits. Same. Section 192. All unclassified appointed officers and employees whose term of office or employment is not Page 2492 fixed or limited by other provisions of this Act or by some general law or an ordinance of said city or by express terms of their contract of employment shall be appointed or employed for a term of four years and until their respective successors are appointed or employed and qualified, except casual and temporary help which may be dispensed with or discharged or removed at any time with or without cause or notice. Unclassified employees. Section 193. Said city shall have power and authority to: Power of city. (1) Buy and sell water, gas and electricity at cost or for a profit, both within and without the territorial boundaries of said city. (2) Adopt ordinances binding on everyone within one mile of said city to protect the health, peace, safety, good order, dignity and general welfare of said city and the inhabitants thereof; provided, no such ordinance shall have any effect within another city, nor shall it levy a tax without the limits of East Point. (3) Exercise complete control over all the public streets, roads, ways, drives, lanes, alleys, sidewalks, crossings, and parks of said city. They shall have full and complete power and authority to open, curb, locate, relocate, replace, work, straighten, abandon, close, drain, pave and repave the same, or cause the same to be done. (4) Require fire-escapes of such character and material as to be safe and the city may inflict penalties for violation of any ordinance it adopts to this end. (5) Establish a system of numbering houses in said city, and to assign appropriate street numbers to the various houses on the various streets, alleys, roads, lanes, drives and ways of said city, and to compel said houses to be properly numbered. (6) Control by ordinance the time, manner, terms, conditions, Page 2493 and places of all sewer connections and how much surface or drainage water may flow into such sewers, and the terms and conditions on which it will be permitted, and at what points, and generally all matters relating to the construction, use, control, maintenance, repair, replacement, improvement and removal of sewers and sewer connections, and the cutting and replacing of pavement and other adjacent structures shall at all times be under the control and regulation of the city council in its fair and legal discretion. (7) Control by ordinance the construction, maintenance and removal and replacement of all city culverts, pipes, sewers, drains, private drains, water closets, urinals, privies, toilets, and the like, and provide for their location, structure, size, and use, and pass such ordinances concerning them and their use, in all particulars, as may be deemed best for the health, comfort and general welfare of the inhabitants of said city. The city council shall have power and authority to prescribe by ordinance the kind of water closets, urinals, privies, and plumbing which shall be used in the corporate limits, and to condemn and compel the disuse of same when they do not conform to such requirements, or when they shall become and are declared a nuisance by a Court having jurisdiction. The city council shall also have power and authority to compel the owner or owners of property within said city to connect water closets, sinks, commodes and urinals on their property with the sewers and sanitary system of said city when such property is located within a reasonable distance of such sewer, and under such rules and regulations as may be prescribed by ordinance. If any property owner shall fail or refuse to make connections as required by city ordinance or resolution such owner shall be punished as provided by ordinance. (8) Contract with other municipalities and political subdivisions, and to cooperate with other municipalities and political subdivisions, in acquiring, establishing, constructing, building, maintaining and/or operating such Page 2494 garbage disposal, water, sewerage, electric, and/or gas plants, lines, and/or facilities, and streets, sidewalks and parks within and/or without the limit of said city, as well as library and other institutions, utilities and/or services, in addition to existing plants, systems, buildings, facilities, lines, and services as the city council of East Point may at any time deem for the best interest of said city. (9) Levy, assess and collect taxes to raise sufficient revenue to pay for the improvements, services, equipment and/or facilities provided for in any contract or agreement to which the City of East Point is or may become a party. (10) Issue and sell bonds for the purpose of paying bonds of said city and interest thereon, and for any public or other purpose allowed by the Constitution and laws of this State, and to issue and sell revenue anticipation certificates as now or hereafter allowed by law, but neither such bonds nor such certificates may be sold below par. (11) Provide by ordinance for reporting all property in the city of East Point subject to taxation by said city, whether such property be realty or personalty, tangible or intangible, and to require all persons owning such property to file a written statement and description of such property with the fair market value thereof under oath. (12) Prescribe by ordinance a penalty for failure to make such return or report within the time prescribed by ordinance; provided such penalty shall not exceed the sum of one ($1.00) dollar against such person or taxpayer failing to make or file such return. Such penalty shall be a lien upon property of the defaulter, and shall be collected in the same manner as the taxes of said city. (13) Assess the costs of sewers against abutting real Page 2495 estate, (or other real estate for the sole benefit of which such sewer is laid) and the owners thereof, and on each side of the street along which any sewer shall be laid or constructed when the cost is assessed against the abutting real estate, and the owners of such real estate shall have the right to have the drains from their abutting properties connected with said sewer at their cost under such rules and regulations as the city council may prescribe by ordinance. (14) Control and/or prohibit the manufacture and/or sale of all alcoholic beverages, and to tax, license, regulate and control hotels, boarding houses, apartments, restaurants, theatres, dance halls, athletic and sporting events and places, and all other entertainment activities and places; regulate the operation of all vehicles used for pleasure or business, and garages, mills, factories, ginneries, gas and water companies; regulate the use of its streets for all purposes, and prevent their use for business, or regulate business use by taxation and otherwise, including the right to impose a reasonable license tax for use of streets for business purposes; to prevent stock and poultry from running at large, and to seize and impound any domestic or wild animal or fowl found at large within the city limits; and to provide by proper ordinance for the redemption or sale of the same; and to adopt such ordinances as may be considered necessary to carry out the provisions of this Act. (15) Cause its proper officials to properly assign, and transfer any or all claims under assessments for street, sidewalk, curbing, and sewer costs, tax fi. fas. and fi. fas. for principal, interest and costs and penalties for sewer, street, sidewalk, curbing, water lines, construction costs, and for recorder's court fines, business licenses, taxes and/or all other kinds of expenses and charges. (16) Grant franchises, easements and right-of-ways over, in, under and on public streets, lanes, alleys, sidewalks, parks and other property of said city on such terms and conditions and for such lengths of time as it Page 2496 may fix; provided, franchises shall not be granted without fair and adequate compensation provided for in the franchise ordinance; and provided, further, that no such franchise shall be granted until notice has been published once a week for four weeks next preceding the week in which the city council meets to consider such application, stating the nature of the franchise, the streets, lanes, alleys, sidewalks, parks or other property on or through which it is desired, the terms of such grant and the time at which the city council will act upon such application. (17) Employ or cause a Certified Public Accountant to be employed to examine and audit all books of account and pertinent records of all officers, employees, and agencies of said city relative to the financial affairs of the city whenever and as often as said city council shall consider proper, and shall fix his compensation. The compensation of such accountant may be fixed on an hourly or other basis before, after, or at the time of his employment. It shall require at least one examination and report every year. (18) Pave or otherwise improve the whole or any part of any street, sidewalk or alley of said city, without giving any railroad company, or other property holder or occupant on the street the option to pave or otherwise improve the same or any part thereof by themselves or by contract. (19) Define a nuisance in said city and provide for its abatement. The recorder's court of said city shall have jurisdiction of all nuisance abatement proceedings in said city. (20) Grant encroachment upon streets, sidewalks, alleys, and lands of the city upon such terms and in such manner as it may prescribe by ordinance, and for an adequate valuable consideration may vest in the purchaser absolute title thereto upon compliance with the provisions of this Act. This power shall be exercised Page 2497 with caution after due consideration of the rights of the city and its people and other property owners affected. (21) Censor theatres, films, moving pictures, exhibitions, pictures, actors, acts, plays, recitals, forms, books, papers, magazines, drawings, signs, symbols, and similar matters and to suppress and prevent their use, exhibition, portrayal, sale or distribution, when found to be abscene, immoral, filthy, lascivious, lewd, or vicious. (22) Remove or cause any building, stall, booth, tent, awning, steps, gate, fence, post, wire, stump, tree, structure, pole, or other obstruction or nuisance in a public street, sidewalk or way or so near thereto as to constitute a defect or render the city liable in damages for not removing it, to be removed at the owner's expense if the owner shall fail or refuse to remove the same within such reasonable time as may be fixed by order of the city recorder, or mayor when acting as recorder, and execution shall issue against said owner for the expense thereof as in case of executions for unpaid taxes, and he shall be also subject to punishment for maintaining a nuisance. (23) Regulate, lay out, open, relocate, straighten, improve, grade, and control old and new streets, lanes, alleys, street curbing, street crossing and sidewalks, and no person or corporation shall at any time hereafter lay out, locate, relocate, open, extend, or close any street, lane, road, alley, way, sidewalk, park or square contrary to the plan of the city nor without the consent of the city council, and any application for this purpose shall, with an appropriate plat, first be filed with the city engineer or such officer as the city council may designate by ordinance, and notice thereof shall be given the public or parties at interest by publication of notice as required by law and the ordinances of said city. If such application is granted the owner shall relinquish all rights and title to the area involved and the same shall pass to and become vested in the city, and all management and control over the same shall pass unequivocably to said city. Page 2498 (24) Cause the owner or owners of all lots within the city to drain the same or fill the same to the level of the street or alley on which said lot or lots front, and shall cause the owner or owners of all cellars or basements holding water to cause such cellars or basements to be emptied of the water, or properly filled. And when the owner or owners of any such lot or cellar shall refuse or fail to comply with ordinance requirements, said city shall cause the same to be done at the owner's expense; and for the amount so expended the city clerk shall issue an execution against said owner, to be collected from said property and/or any other property belonging to such owner; and a sale under such execution by the city marshal shall pass title to the property as fully and completely as a sale by the sheriff under common law judgment and execution; and said owner shall in addition, be subject to punishment for violation of the ordinances of the city. (25) Impose, levy, assess and collect a tax on billboards and advertising signs and on persons, firms or corporations erecting, maintaining or using bill boards or advertising signs and may prohibit the same altogether along the roads, streets, highways, alleys, lanes, parks and other public places of said city. (26) Impose and collect a license and a tax on dogs within the city in such a manner and mode as it may deem best. (27) Use city funds to acquire lands and construct and equip a hospital thereon, and to operate and maintain such hospital, or to participate with any other city or cities or governments or governmental agency or private persons or corporations in establishing, maintaining and/or operating hospitals or clinics and to support the same from city funds, and to charge patients for accommodations and services therein, and to make rules and regulations for the admission of patients and for the use of such hospitals by doctors and nurses practicing therein, and for the government and management of said Page 2499 hospital and its operation according to provisions made by ordinance. (28) License electricians, plumbers, contractors and others and to require examinations as conditions precedent to granting of such license; create examining boards and prescribe by ordinance the minimum requirements in such examinations, and to appoint the members of such boards. (29) Condemn or cause a worn out sewer, street pavement, curbing, or sidewalk within said city to be condemned, and to cause same to be replaced, repaved, or repaired, as the case may require, at the expense of the abutting real estate and owners thereof, (or other real estate for the sole benefit of which such improvement is made), and assess the cost thereof (or such part of such costs in case of streets) as the city council shall deem just and proper, against such real estate and the owners thereof as if such improvements were being originally constructed, at the expense of such real estate. Section 194. Qualifications and term of office of the deputy or assistant (meaning the same thing) to the head or chief officer of each agency and department of said city having an assistant, and the chief or first deputy or assistant in any agency or department with more than one such assistant or deputy shall be the same as the head of such agency or department. Assistants to department heads, qualifications. Section 195. Notwithstanding other provisions of this Act, said city may pay one-third of the cost of paving any street required to be paved on this basis by ordinance adopted prior to January 1, 1957, providing for the work and assessing costs on this basis. Section 196. The city council of East Point shall have power and authority to divide said city into four wards by clearly defined dividing lines; and in the meantime the first ward shall consist of that part of said city lying west of U. S. Highway 29 and north of a line beginning Page 2500 at the intersection of Main Street and the center line of West Cleveland Avenue, and running thence West along the center line of West Cleveland Avenue to Cheney Street; thence in a straight line in a westerly direction to the center of Montrose Drive at Semmes Street; and thence west along the center of said Montrose Drive to the common corner of land lots 188, 189, 196, and 197 of said 14th district; thence westerly along the south line of land lots 197 and 220 to the west line of land lot 220 of said 14th district of said county. The second ward shall consist of all of that part of said city lying west of said U. S. Highway 29 and south of said first ward. The third ward shall consist of all that part of said city lying east of the west line of said U. S. Highway 29 and north of a line beginning at the intersection of the south line of land lot 157 with the west line of South Main Street, and running thence east along the south line of said land lot 157 to the southeast corner of said land lot; thence running north along the east line of said land lot to the center line of Holcombe Avenue; thence running east along the center line of said Holcombe Avenue to the center of Bayard Street; thence running south along the center line of Bayard Street to the south line of land lot 132; thence running east along the south line of land lots 132, 125, and 100 to a point two hundred (200) feet east of the southeast corner of land lot 125. The fourth ward shall consist of that part of said city lying east of the west line of said U. S. Highway 29 and south of said third ward boundary line. Wards. Section 197. Said city shall have power and authority to regulate vehicular traffic and relieve congestion of the same by use of devices known as parking meters, by means of which the time a vehicle occupies a designated area for parking in a street is measured by a timing device which is operated by depositing a coin therein, and to use the proceeds from the operation of parking meters to pay for off-street parking facilities or to contract with one or more other persons, firms or corporations to provide such off-street parking facilities, and to rent such facilities and use the rents therefrom to further provide off-street parking for all kinds of vehicles. Vehicular traffic. Page 2501 Section 198. Said city shall have the right, power and authority to own, maintain and operate a system of water works, and an electric plant and distribution system and to purchase, generate and sell electric energy and to sell water and fix rates for both and to develop, maintain and operate parks and recreation facilities. Public utilities. Section 199. The city council shall have power and authority to adopt such ordinances and resolutions and make such rules, regulations, and orders as it deems right, proper, necessary, appropriate or incident to the good government, peace, safety, security, health, happiness, protection, convenience, good order and dignity of said city, and the inhabitants thereof. Power of city council. Section 200. The city council shall have power and authority to provide suitable reward or penalty for volume, efficiency and excellence of service and to penalize inefficiency, laziness and lack of interest, and provide methods for determining all questions relating thereto. Section 201. Notice of intention to apply for this local legislation was published three times in the Fulton County Daily Report in three separate calendar weeks during a period of sixty days next preceding the introduction of this bill in the Legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 202. All laws and parts of laws in conflict with this Act except as provided by this Act, are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. Page 2502 VALDOSTA-LOWNDES COUNTY PLANNING COMMISSION. No. 193 (House Bill No. 218). An Act to enable the City of Valdosta and Lowndes 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 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 Valdosta and to the County of Lowndes 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 boards 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. Page 2503 The Board of Commissioners of Roads and Revenues of Lowndes County (hereinafter referred to as the county commission) by resolution, and the Mayor and City Council of the City of Valdosta (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 Valdosta-Lowndes County Planning Commission. The planning commission shall consist of six members; three members appointed or designated by the county commission and three members appointed or designated by the city commission. The county commission and the city commission may each designate one of their members to be a member of the planning 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 two initial county commission appointees shall be one and three years and the terms of two initial city commission appointees shall be two and four years. Terms of members of the county and city commission designated as members of the planning commission shall be the same as their terms as members of the county and city governing authorities. 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. 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 of the planning commission. The planning Page 2504 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 a staff as it may deem necessary for its work. 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. 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. 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 Page 2505 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 be 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 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 Page 2506 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 redevelopment 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 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 powers. 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 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. Page 2507 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 purpose therein mentioned may divide the municipality or county or above specific 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. 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 Page 2508 submitted to the planning commission for review and recommendation, condemnation. The planning commission shall have thirty (30) days in 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 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 Page 2509 appointed by the Judge of the City Court of Valdosta. 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 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 Page 2510 a stay would, in his opinion, cause imminent peril of ilfe 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 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 Page 2511 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, inconformity 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 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 Valdosta shall be punished as provided by city ordinance. In case any building or structure is or is proposed to be erected, constructed, Page 2512 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 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. Page 2513 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 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 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, Page 2514 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 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 Page 2515 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 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 county commission may establish an official map of the municipality or the county, respectively, Page 2516 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 official map to the clerk of the Superior Court of Lowndes 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 official 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 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 Page 2517 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 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 reasonable 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 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 purpose of this Act Page 2518 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 Lowndes County, and to the Mayor and City Council of the City of Valdosta 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 Valdosta and of Lowndes 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 law. 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. Appeals. Section 26. The provisions of this Act shall not be binding on the Mayor and City Council of Valdosta and the Commissioners of Roads and Revenues of Lowndes County until same are affirmatively adopted by ordinance or resolution. Adopting Act. Page 2519 Section 27. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit. Georgia, Lowndes County. Before me personally appeared E. L. Turner, who being duly sworn, deposes and says that he is the editor and publisher of the Valdosta Daily Times, and that the same is a public gazette published in the City of Valdosta, Lowndes County, Georgia. It is the newspaper in which is published the sheriff's sales of said County of Lowndes and said State. Deponent further says that the attached notice of intention to introduce the proposed legislation in the January-February session, 1957, of the General Assembly of Georgia has been published in the Valdosta Daily Times on the following dates: December 21st, 1956, December 28th, 1956 and January 4th, 1957. /s/ E. L. Turner. E. L. Turner. Sworn to and subscribed before me this 26th day of January, 1957. /s/ Hazel Pollard, Notary Public, Lowndes County, Georgia. My commission expires March 14, 1959. Notarial Seal Affixed. Notice. Notice is hereby given that application will be made to the General Assembly of Georgia at its session convening in January, 1957, for the passage of local legislation, the title to such bill to be as follows: An Act to enable the City of Valdosta and Lowndes County to establish a joint planning commission; to provide Page 2520 for the appointment of members of 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 sub-division 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 plats; to provide that all powers and authorities granted by this Act to the City of Valdosta and to the County of Lowndes 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 commission and board of appeals now have or may later have under any other law and for other purposes. This 20th day of December, 1956. By: Emory Bass, Mayor City of Valdosta. Approved March 5, 1957. Page 2521 FRANKLIN COUNTY TAX COMMISSIONER. No. 194 (House Bill No. 449). An Act to amend an Act creating the office of county tax commissioner of Franklin County, Georgia, approved August 14, 1931 (Ga. L. 1931, p. 469), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2588), so as to increase the compensation of said 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 county tax commissioner of Franklin County, Georgia, approved August 14, 1931 (Ga. L. 1931, p. 469), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2588), is amended by striking from section 9 thereof the figures $3600.00 and inserting in lieu thereof the figures $4200.00 and by striking the figures $300.00 and inserting in lieu thereof the figures $350.00 so that said section, as amended hereby, shall read as follows: Section 9. Be it further enacted by the authority aforesaid, that the compensation of the tax commissioner of Franklin County, Georgia, for all duties performed by him as receiver and collector of State, county, school district, and any and all other taxes, shall be the sum of $4200.00 per annum payable $350.00 monthly from the treasury of said county and also all fees, commission and percentages now allowed or to be later allowed by State laws to said commissioner for receiving and collecting State taxes. Salary. 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 Page 2522 at the January 1957 session of the General Assembly of Georgia legislation to raise the compensation of the tax commissioner and of the treasurer of Franklin County; and for other purposes. This 21st day of January, 1957. G. R. Harrison, Representative, Franklin County. 2-7 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. R. Harrison, who, on oath, deposes and says that he is representative from Franklin County, and that the attached copy of notice of intention to introduce local legislation was published in the Carnesville Herald and Advance which is the official organ of said county, on the following dates: January 24, 31, and February 7, 1957. /s/ G. R. Harrison, Representative, Franklin County. Sworn to and subscribed before me this 11 day of February, 1957. /s/ Frances Y. Read, Notary Public, Fulton Co. Approved March 5, 1957. CITY OF HINESVILLE REINCORPORATED. No. 195 (House Bill No. 305). An Act to create a new charter for the City of Hinesville in the County of Liberty, and to reincorporate said city, and define its territorial limits; to continue in Page 2523 operation, confirm, and consolidate all Acts heretofore passed incorporating said city and amending charter thereof; to provide for all ordinances, rules, regulations, and resolutions of said city, now in force and not in conflict with this Act, to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for notice by candidates for office, the manner of their election and removal from office; to provide for the retention of office of the present officers of said city until the election provided for in this charter is held; to provide for the qualifications of all electors and voters therein; to provide for the permanent registration of the qualified voters thereof, and for the registration books of said city and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the laws of said city, and manner of appeal therefrom; to provide for biennial election for mayor and councilmen; to provide for the enacting of all necessary ordinances, rules and regulations to provide penalties for the violation of same; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same, that the City of Hinesville, in the County of Liberty, be and the same is hereby incorporated, as a city under the name of the city of Hinesville. Name. Section 2. Be it further enacted by the authority aforesaid that the corporate limits of said city be as follows: Beginning at the Liberty County courthouse in Hinesville and running one (1) mile in each and every direction from said beginning point, except, that where said Page 2524 line intersects or touches the boundary line of the Fort Stewart Military Reservation, the city limits of Hinesville shall follow the Fort Stewart Reservation line, and except, if and where the new city limits line shall intersect or touch the city limits line of the City of Flemington, then said line shall follow the city limit line of the City of Flemington. Corporate limits. Section 3. Be it further enacted by the authority aforesaid, that the municipal authority of said city shall be a mayor and five councilmen who are hereby constituted a body corporate under the name and style aforesaid, who shall have perpetual succession and shall have and use a common seal, may sue and be sued, plead and be impleaded, may purchase and hold such property, real or personal, as may be necessary for the good order, government and welfare of said city, and shall have the right to create a lien or lease on same for the purpose of securing credit for said city and may sell said property, real or personal, if it shall appear to be to the interest of said city, the same to be left to the judgment of the mayor and council. Mayor and council. Section 4. Be it further enacted by the authority aforesaid that on the third Wednesday in October, 1957, and biennially thereafter, an election shall be held for mayor and five councilmen of said city, who shall hold office for the following two (2) years, beginning November 1, 1957. Said election shall be held by a justice of the peace and two or more freeholders. The managers shall conduct all elections as nearly as practicable as elections of the General Assembly are conducted, except as herein otherwise provided. The polls at all elections shall be opened at some convenient and accessible place in said city at seven (7) o'clock a.m. and be closed at six (6) o'clock p.m. The managers at said election shall take and subscribe before any officer authorized to administer oaths, and in the absence of such officer, in the presence of each other the following oath, All and each of us do swear that we will faithfully superintend this day's election; that we are qualified as required by Page 2525 the charter of the City of Hinesville to hold the same; that we will make just and true returns thereof and not knowingly permit anyone to vote unless we believe him to be entitled to do so under the charter of this city, and will not knowingly prevent anyone from doing so who is so entitled, and that we will not divulge for whom any vote was cast unless called upon under the law to do so, So help us God. Elections. Within five days after election the said managers shall issue to the newly elected mayor and councilmen a certificate of election, showing to what office that person was elected, and for what period of time. Section 5. Be it further enacted by the authority aforesaid, that all candidates for the offices of mayor and councilmen, shall announce fifteen (15) days before the date of the election by giving said notice in writing to the clerk of the City of Hinesville that they will be a candidate and for what office they wish to offer, and shall comply with all rules set out by the mayor and council. Same. Section 6. Be it further enacted by the authority aforesaid, that Mayor F. W. Mingledorff, Sr., be and he is hereby appointed and designated as mayor of said city until November 1, 1957, or until his successor is elected and qualified; That Frank W. Hendry, Donald F. Martin, Jr., Hazel Carter, Frank Bagley, and J. B. Fraser, Jr., be and they are hereby appointed and designated as councilmen of said City of Hinesville to serve until November 1, 1957, or until their successors are elected and qualified; said election to be held at the time specified in section 4 of this Act. Present officials. Section 7. Be it further enacted by the authority aforesaid, that before entering upon the discharge of their duties, the mayor and council shall take and subscribe before an officer authorized to administer oaths the following oath: I do solemnly swear that I will faithfully discharge all the duties involving upon me as mayor Page 2526 and councilmen (as the case may be) of the City of Hinesville, to the best of my ability, so help me God. Oaths. Section 8. Be it further enacted by the authority aforesaid, that in all elections held under the charter of the city of Hinesville, no person shall be allowed to vote who is not duly registered as hereinafter provided. Nor shall any person be allowed to vote in said election who has not reached the age of eighteen (18) years or who has not been a bona fide resident of said city for at least (60) days prior to said election and a resident of the State of Georgia for a period of twelve (12) months. Voters. Section 9. Be it further enacted by the authority aforesaid, that the City of Hinesville shall provide for the permanent registration of the qualified voters thereof, by providing a book for such purpose, so that one registration therein is all that is required so long as all other qualifications required by such registration are retained by the person registering in said book. The mayor and councilmen of said City of Hinesville shall furnish the clerk of council of said city with a book, to be called the permanent registration book, upon which all persons, desiring to qualify as electors shall be required to qualify as provided by the charter of the City of Hinesville. Such electors upon qualification shall sign their names in alphabetical order, and shall read or have read to them the oath provided for herein before signing. The electors who have qualified and have signed the permanent qualification book shall not thereafter be required to register or further qualify, except as may be required by mayor and councilmen of said city. Each person presenting himself to the clerk of council for the purpose of registering shall before signing his name in the book of permanent registration, be administered the following oath, You do solemnly swear that you are a citizen of the United States; that you have resided in the State of Georgia twelve months and will have resided in the City of Hinesville sixty days before the next election to be held in said city; that you are eighteen Page 2527 (18) years of age or over, and that you have met all requirements required of you by the ordinances of said city, so help you God, upon which said clerk shall register the name, age and occupation of said person, and the clerk shall, on the day of each election, furnish the election managers with a list of the registered, qualified voters of said city, certified by him as such official. The clerk shall keep the permanent registration book open in the clerk's office during the time said office is open for the transaction of business, for the purpose of permitting those to register who desire to do so in the permanent registration book. The clerk shall on the first Wednesday of October of the year 1957, and biennially thereafter on the first Wednesday in October, close the voter's book for the general election to be held on the third Wednesday in October, 1957, and biennially thereafter on the same date. In all cases of special elections in said city, the clerk shall close the book of permanent registration fifteen (15) days before the holding of said special election. On the third Wednesday in October, 1957, and biennially thereafter on the same date, the clerk shall furnish a list of all registered voters who are qualified to vote in said election to the election managers for said election. Registration of voters. In case of a special election, he shall likewise furnish a list of the qualified and registered voters to the election manager on the day of the election. In case an elector is not allowed to register by the clerk or whose name is left off of the list of qualified voters by the clerk, they shall have the right of appeal to the mayor and councilmen of the City of Hinesville, whose findings shall be final. Said appeal can be made immediately upon the elector ascertaining this fact and the mayor and councilmen shall immediately assemble and hear the appeal de novo. Said hearing shall be before the polls are closed for the election at which elector desires to vote, whether special or general, so that a voter may not be removed from the list without a final hearing before the polls are closed at said election. The clerk must revise and purge the list of qualified voters before such Page 2528 election, both general and special. When a name is stricken from the list of qualified voters for any cause, it cannot only be re-entered thereon by action of the clerk, who shall have the right and power to restore the name when authorized by mayor and councilmen. Section 10. Be it further enacted by the authority aforesaid, that any person voting at any election of said city who is not a qualified voter according to the provisions of this charter, shall be guilty of a misdemeanor, and upon conviction therefor shall be punished as prescribed in the Penal Code of said State. Punishment for illegally voting. Section 11. Be it further enacted by the authority aforesaid, that no person shall be eligible to the position of mayor and council unless he has reached the age of twenty-one years, a citizen of the United States and of the State of Georgia, and shall have resided in the City of Hinesville at least six months prior to his election. Mayor and council, qualifications. Section 12. Be it further enacted by the authority aforesaid, that said mayor and councilmen shall have the authority to elect a marshal and also a clerk and treasurer and prescribe the duties of each; to fix their salaries and require of them such bond as they may deem necessary. Marshal and clerk. Section 13. Be it further enacted by the authority aforesaid, that officers of said City of Hinesville in October 1957 and at each biennial election thereafter shall enter upon the discharge of their duties on the first day of November, next succeeding, and shall continue the discharge of their duties of said position two years or until their successors are elected and qualified. Terms of office. Section 14. Be it further enacted by the authority aforesaid, that any vacancy that may occur from any cause in the office of mayor or council shall be filled by the election by remaining members of the council and the mayor, or by the council in case vacancy be in the office of the mayor, said election to be made from Page 2529 the citizens of the City of Hinesville who are eligible to the office under the terms of this charter. Vacancies, how filled. Section 15. Be it further enacted by the authority aforesaid, that the mayor and councilmen of the City of Hinesville shall receive such compensation for his services as may be fixed by the council, which shall not be increased or decreased during his term of office. Compensation. Section 16. Be it further enacted by the authority aforesaid, that said mayor and council shall have the power to make and pass all ordinances, by-laws, rules and regulations that may be necessary for the good government, peace, order and health of said city, to have the enforcement of all powers herein granted, provided they are not repugnant to the Constitution of the State of Georgia or the United States. Ordinances. Section 17. Be it further enacted by the authority aforesaid, that said mayor and council shall have power to levy a tax not to exceed eighteen mills on all property, real or personal, subject to taxation by the laws of the State of Georgia within the corporate limits of said city, for the purpose of paying the expense of said government. Taxes. Section 18. Be it further enacted by the authority aforesaid, that whenever anything for which state licenses are required shall be done within said city, the mayor and council may require a city license thereon, and may impose a tax thereon for the use of said city. They have the power to license and regulate the management of hotels, private boarding houses, livery stables, private and public transportation through the town, and shall also have the power to tax any person operating any kind of business, mercantile or otherwise, in addition to the ad valorem tax provided for by law, also they shall have the power to tax all shows taxable by the State which may exhibit within said city and said mayor and council have the power to pass all ordinances to carry into effect the provisions of this section, and shall Page 2530 have power to prohibit any of the things named in this section. Business licenses. Section 19. Be it further enacted by the authority aforesaid, that there shall be a lien upon all personal property and real estate within said city for all taxes assessed thereon, and for all fines or penalties which may be assessed or imposed upon the owners thereof by the authority of said city from time to time, which shall have priority over all other liens, except for taxes due the State and county, and may be enforced in the same manner as now prescribed by law for the enforcement of the liens for State and county taxes, or in such other manner as the mayor and council by ordinance may prescribe. Tax liens. Section 20. Be it further enacted, that there shall be a mayor's court for the trial of all offenders against the laws or by-laws, ordinances and regulations of said city, to be held by the mayor as often as necessary at the office of the said mayor, or in his discretion in the county courthouse in said city. In the absence or disqualification of the mayor, the mayor pro tem., or any member elected for that purpose by the council shall hold said court. Said court shall have the power to preserve order and punish for contempt as hereinafter provided. Said court is hereby empowered to compel the attendance of witnesses unto that end made by rule for contempt, punish witnesses for failure to obey the mandates and subpoenas of the court. Said court shall be authorized and empowered to punish for violation of the laws or ordinances of said city by imprisonment in the city prison or a period not exceeding sixty (60) days, by compelling the defendant or offender to labor upon the streets of said city for a period not longer than sixty (60) days or confining the defendant in the city jail for a period not exceeding sixty (60) days or by a fine not exceeding one hundred ($100.00) dollars, to include costs of court, which fine may be collected by execution, or by any one or more of these punishments, in the discretion of the court. Either one of said punishments may Page 2531 be imposed as an alternative punishment to some other imposed. The council shall fix fees for marshal, clerk and presiding officers of said court to be taxed against losing party in all cases. Mayor's court. Section 21. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to provide by ordinances for the collection of all taxes, money and fines due said city by execution issued by the mayor, and executed by the marshal thereof. Executions. Section 22. Be it further enacted by the authority aforesaid, that the said mayor and council shall have the power to elect a mayor pro tem. from among the councilmen elected from said city, who shall perform all the duties and exercise all the powers of the mayor when from any cause the mayor cannot be present to perform the duties of said office. Mayor pro tem. Section 23. Be it further enacted by the authority aforesaid, that the mayor shall have the power to try, sentence and punish all offenders against the laws of said city, to compel the attendance of witnesses, to administer oaths, to admit any offender to bail or commit him to the city jail. Mayor's court. Section 24. Be it further enacted by the authority aforesaid, that the mayor of said city shall be the chief executive officer thereof; he shall see that all orders, by-laws, ordinances, acts and resolutions of the mayor and council are faithfully executed; he may appoint a special police when he may deem it necessary, of whom he shall have full control; he shall have power to issue all executions, penalties and costs imposed by him, as well as executions for taxes due after the time has expired that they shall be paid. Mayor. Section 25. Be it further enacted by the authority aforesaid, that 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 Page 2532 and taxpayers of said city and shall have the right to supervise all the returns thus made and fix a just valuation upon all such property subject to taxation in said city; and to revise and correct said return. Tax returns. Section 26. Be it further enacted by the authority aforesaid, that the mayor and council shall have the power to issue bonds for public improvements of said city, subject to the limitation and regulations in such case provided by the Constitution and laws of the State of Georgia. Bonds. Section 27. Be it further enacted by the authority aforesaid, that said mayor and council shall have the power of eminent domain to condemn property and to lay out streets, alleys and public highways within the corporate limits of said city of Hinesville and for the improvement of streets and erection of sidewalks. Power of eminent domain. Section 28. 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. /s/ F. W. Mingledorff, Sr., Mayor. /s/ J. B. Fraser, Jr., Councilman. /s/ Frank Bagley, Councilman. /s/ F. W. Hendry, Councilman. /s/ Hazel Carter, Councilman. /s/ D. F. Martin, Jr., Councilman. Georgia, Liberty County. Before me, the undersigned, an officer authorized to administer oaths, personally came M. F. Clarke, Jr., who, being first duly sworn first according to law, deposes and on oath says, That he is the editor and publisher of the Page 2533 Liberty County Herald, a newspaper in Liberty County, Georgia, in which the sheriff's advertisements are published and that there has been published in the issue of said newspaper for December 27, 1956, January 3, 1957, and January 10, 1957, a legal notice of local legislation of which the clipping attached below is a facsimile copy. Notice is hereby given that at the January 1957 session of the General Assembly of Georgia, there will be introduced a bill entitled, An Act to create a new charter for the City of Hinesville in the County of Liberty, and to reincorporate said city, and define its territorial limits; to continue in operation, confirm, and consolidate all Acts heretofore passed incorporating said city and amending charter thereof; to provide for all ordinances, rules, regulations and resolutions of said city, now in force and not in conflict with this Act, to be preserved, continue of force, and remain valid and binding until the same are repealed and amended; to declare and constitute the rights and powers of said corporation; to provide the rights and powers, duties and liabilities and qualifications of all officers; to provide for notice by candidate for office, the manner of their election and removal from office; to provide for the retention of office of the present officers of said city until the election provided for in this charter is held; to provide for the qualifications of all electors and voters therein; to provide for the permanent registration of the qualified voters thereof, and for the registration books of said city and when same shall be open; to provide for the mayor's court and the trial and punishment therein of all offenders against the laws of said city, and manner of appeal therefrom; to provide for biennial election for mayor and councilmen; to provide for the enacting of all necessary ordinances, rules and regulations to provide Page 2534 penalties for the violation of same; and for other purposes. This December 18, 1956. Roscoe Denmark, Representative, Liberty County, Georgia. /s/ M. F. Clarke, Jr., M. F. Clarke, Jr., Editor and Publisher of Liberty County Herald. Sworn to and subscribed before me this 1st day of February, 1957. /s/ E. A. Daniel, Notary Public. (Seal). Approved March 5, 1957. CITY OF ATHENS CHARTER AMENDED. No. 196 (House Bill No. 138). 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 (Ga. L. 1872, p. 127), as amended, so as to authorize the mayor and council of the City of Athens to require, in certain circumstances, that water and sanitary sewer mains and a kitchen sink and flush toilet and a separate room for the flush toilet be provided in buildings used for human habitation in the City of Athens; to authorize said mayor and council to make or cause to be made such installations or improvements whenever the owner or person having custody of such habitation shall fail to do so after having been notified to do so by said mayor and council; to authorize said mayor and council to assess the cost of any such installation Page 2535 against property so improved; to provide that any such assessment may be payable in not more than five equal installments; to provide that any such assessment shall rank as a lien on a par with and shall be enforced in the same manner as other taxes due to the mayor and council of the City of Athens; 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 amend the charter of the town of Athens and the various acts amendatory thereof approved August 24, 1872 (Ga. L. 1872, p. 127), as amended, is hereby amended by the addition of the following section: The mayor and council of the City of Athens is hereby empowered to require by ordinance duly enacted that water and sanitary sewer mains and a kitchen sink and a flush toilet and a separate room for the flush toilet or any one or more of said facilities be provided in any building used for human habitation within the corporate limits of the City of Athens whenever water and sanitary sewer mains are available within two hundred feet of any such building. Such ordinance shall specify the habitation affected; facility required by the mayor and council of the City of Athens to be provided; and the name of the owner of such habitation or, in case such owner is unknown, name of the person having custody thereof. One or more habitations owned by one or more owners may be included in the same ordinance. Said ordinance shall specify a date, which date shall be not less than ninety days nor more than six months after the passage and approval of said ordinance, by which date the facilities specified in said ordinance must be installed by the owner or by the person having custody of such habitation. It shall be the duty of the city clerk to mail a copy of said ordinance by unregistered United States mail to the owner or person having custody of each such habitation at the last known address of such owner or person having custody within five days after the passage and approval of said ordinance. Sanitation ordinances. Page 2536 Section 2. Said Act is further amended by the addition of the following section: At the time specified in said ordinance, the city engineer shall inspect the habitations specified in said ordinance for the purpose of ascertaining whether or not the required facilities have been provided. In the event that he shall ascertain that the facilities required by said ordinance or one or more of such facilities have not been provided by the owner of such habitation or by the person having custody thereof, the mayor and council of the City of Athens shall proceed as promptly as possible to install said facilities or to cause the same to be installed in said habitation; provided, however, that no such installation shall be made or caused to be made if the use of such building for the purpose of human habitation shall be terminated for so long a period as such use shall remain terminated. Same, inspections. Section 3. Said Act is further amended by the addition of the following section: The city engineer shall report the cost of all installations of facilities made or caused to be made pursuant to the preceding section of this ordinance to the city clerk. Such information shall be reported in the form of assessment rolls or sheets and shall be available for inspection by the public. Same, cost of improvements, assessments. Section 4. Said Act is further amended by the addition of the following section: Upon such assessment roll being filed with said clerk, it shall be the duty of said clerk to notify the property owner or person having custody of the habitation of unregistered United States mail addressed to the last known address of said person of the amount so assessed against the property improved. Following the expiration of fifteen days after the mailing of said notice, the assessment shall be final and complete both as to the validity and amount of the assessment; provided, Page 2537 however, within said fifteen day period any property owner or property custodian may file his objection as to the validity or amount of such assessment, said objection to be in writing and to be signed by the property owner or custodian or by his authorized agent and to specify the objections in detail. In case any such objection is filed, the same shall be considered as an appeal to the mayor and council of the City of Athens, who shall hear said objection at their next regular meeting. At said meeting, any objector shall have the right to appear and offer evidence or legal objection to said mayor and council. Said mayor and council shall thereafter review and determine the validity and amount of such assessment; and the objector, if dissatisfied therewith, shall have the right within fifteen days thereafter to appeal such matter by certiorari to the Superior Court of Clarke County, Georgia. Same, appeals. Section 5. Said Act is further amended by the addition of the following section: The assessments provided for in the preceding section of this Act shall be payable in five equal annual installments, the first installment to be due fifteen days after the assessment shall be final and complete, and the remaining installments becoming due on the annual anniversary of such date in the four succeeding years. In the event any such installment is not paid when due, the entire balance of such assessment shall be immediately due. The unpaid portion of said assessment shall bear interest at the rate of seven per cent per annum after the assessment shall be final and complete. Any such assessment may be paid in full by any property owner or custodian at any time. Same, payment. Section 6. Said Act is further amended by the addition of the following section: Upon the failure of any property owner or custodian to pay any assessment made against property owned by him or in his custody within the time specified in the Page 2538 preceding section of this Act, execution shall issue in the name of the mayor and council of the City of Athens against the property improved for such sum as may be due, including accrued interest on account of said assessment; and the said mayor and council of the City of Athens shall have the right to enforce the payment of such execution by levy and sale of the property improved. Such execution shall be issued and such sale shall be conducted as in the case of the issuance of executions and sales for city taxes, except that such execution shall be enforced only against the property improved. Such execution shall bear interest at the rate of seven per cent per annum after issued and until paid. The lien of any such assessment against the property improved shall come into existence at the time the assessment becomes final and complete, and shall have the same priority as the lien of other taxes due to the mayor and council of the City of Athens. Section 7. Said Act is further amended by the addition of the following section: The mayor and council of the City of Athens shall have the express authority to sell, negotiate or transfer any execution issued pursuant to section 6 of this act; and, in the event the title to any execution or executions issued under said section of this act shall pass to any transferee, such transferee shall have the same right as to enforcement of said execution as the mayor and council of the City of Athens enjoyed, and shall have the right to enforce the same in the name of the mayor and council of the City of Athens. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice is hereby given that the mayor and council of the City of Athens intends to apply to the General Assembly of Georgia at the January, 1957, session thereof for an amendment to the charter of the mayor and Page 2539 council of the City of Athens authorizing the mayor and council of the City of Athens to require that water and sewer mains and a kitchen sink and a flush toilet and a separate room for the flush toilet be provided in privately owned buildings used for human habitation in the City of Athens wherever water and sewer mains are available to serve such buildings, and authorizing the mayor and council of the City of Athens to make or cause to be made such installations and improvements whenever the owner or person having custody of such habitations shall fail to do so after having required to do so by the mayor and council of the City of Athens, authorizing the mayor and council of the City of Athens to assess the cost of any such improvements made or caused to be made by the mayor and council of the City of Athens against the property so improved, providing that any such assessment may be made payable in five equal annual installments, and providing that any such assessment shall be enforced in the same manner as and shall rank as liens on a par with other taxes due to the mayor and council of the City of Athens. This January 3, 1957. Mayor and Council of the City of Athens. Jack R. Wells, Mayor. J 4-11-18. Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared 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 Page 2540 in the Athens Banner Herald on January 4, Janu- 11 and January 18, 1957. /s/ E. B. Braswell. Certified, sworn to and subscribed before me this 19th day of January, 1957. /s/ James Barrow, Notary Public, Clarke County, Georgia. Notarial Seal Affixed. Approved March 5, 1957. CITY OF SMYRNA CHARTER AMENDED. No. 197 (House Bill No. 357). 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), and also an Act approved February 13, 1956 (Ga. L. 1956, Volume 2, p. 2265), 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), and also an Act approved February 13, 1956 (Ga. L. 1956, Volume 2, p. 2265), is hereby amended by adding a new section to be known as section 4 (d), which Page 2541 shall be inserted between sections 4 (c) and 5 of said Act as amended, and which shall read as follows: Section 4 (d). There shall be included in the corporate limits of the City of Smyrna, in addition to the area described in sections 4, 4 (a), 4 (b) and 4 (c) of this Act, as amended, all of the area embraced within the following described parcels and tracts of land: Corporate limits. Parcel No. 1All 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 16 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 southeast corner of subdivided lot 17; running thence west 200 feet; thence south 100 feet to the northwest corner of subdivided lot 15; thence east 200 feet to Northview Place; thence north 100 feet to the point of beginning. Parcel No. 2All that tract or parcel of land lying and being in land lots 519 and 562 of the 17th district and 2nd section of Cobb County, Georgia, being lot 6 of Henry Adams property, as per plat recorded November 27, 1951 in plat book 9, page 161, Cobb County records, and being more particularly described as follows: Beginning at a point formed by the intersection of the north side of Hawthorne Avenue with the west side of Davis Drive; running thence west along the north side of Hawthorne Avenue, seventy (70) feet to lot 5; running thence north along the east line of said lot 5, one hundred forty (140) feet to lot 4; running thence east along the south line of said lot 4, seventy (70) feet to the west side of Davis Drive; running thence south along Page 2542 the west side of Davis Drive, one hundred forty (140) feet to the north side of Hawthorne Avenue and the point of beginning; being improved property having a house thereon. Parcel No. 3All that tract or parcel of land lying and being in land lot 343 of the 17th district, 2nd section, Cobb County, Georgia, being 7.4 acres as per plat of A. V. Bolton property made by Watts Browning, engineers, dated July 12, 1955, recorded in plat book 13, page 86, Cobb County records, and more particularly described as follows: Beginning at the northeast corner of land lot 343; running thence west along the north line of land lot 343, 660 feet; thence southerly at an interior angle of 88 degrees 23 minutes, 520.1 feet to the north side of Cobb Farm Road; thence running easterly along the north side of Cobb Farm Road 661.3 feet to the east line of land lot 343; thence running north along the east side of land lot 343, 457.3 feet to the point of beginning. Parcel No. 4All that tract or parcel of land lying and being in land lot 446 of the 17th district and 2nd section of Cobb County, Georgia, beginning at a point twenty-five and one-third (25) rods east of the southeast corner of land lot 446 and running thence east along the south line of said lot twenty (20) rods; thence north twelve (12) rods to a point; thence west twenty (20) rods to a point; thence south twelve (12) rods to a point; said above described land being one and one-half (1) acres more or less. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. M-2005 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Jan.-Feb. 1957 Sess. of the General Assembly Page 2543 of Georgia, a bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 955 et seq.) as heretofore amended, and for other purposes. This 14th day of December, 1956. Fred D. Bentley, Senator-Elect Thirty-Ninth Dist. Eugene W. Holcombe, Raymond M. Reed, Harold S. Willingham, Representatives-Elect of Cobb Cty. 12:14-21-28 Georgia, Cobb County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Willingham, who, on oath, deposes and says that he is representative from Cobb County, and that the attached copy of notice of intention to introduce local legislation was published in The Marietta Daily Journal, which was the official organ of said county on the following dates: December 14, December 21, and December 28, 1956. /s/ Harold S. Willingham, Representative, Cobb County. Sworn to and subscribed before me this 25th day of January, 1957. /s/ Thelma D. Myers, Notary Public, Cobb County, Georgia. My Commission Expires September 14, 1960. (Seal). Approved March 5, 1957. Page 2544 MACON COUNTY AND MUNICIPALITIES THEREINNATURAL RESOURCES No. 198 (House Bill No. 446). An Act relating to Macon County, Georgia, and to the incorporated towns and cities situated therein; determining and declaring a public policy regarding the utilization of natural resources by present and future industries in Macon County; providing for inducements to encourage industries which utilize natural resources to locate, operate, and expand in said county; authorizing said county, towns and cities to sell, convey, lease or transfer real property and interests therein needed or useful in the construction, expansion, or operation of, or as a site for, such industries under certain conditions and terms; authorizing said county, towns, and cities, to acquire by lease, gift, purchase, or the exercise of the right of eminent domain, any real property or interest therein desired, in the case of towns or cities, whether located within the city limits or without; for utilization for the construction, improvement, extension, operation, and maintenance of systems, plants, and properties, used, or useful in connection with the collection, treatment, aeration or disposal of industrial wastes, effluents, sewerage, and storm water resulting from, incident to, or arising from the construction or operation of industrial plants and facilities of such industries; authorizing said county and each of said towns and cities to obligate themselves by contract with owners of such industrial plants to collect, treat, aerate, or dispose of the sewerage or industrial wastes and effluents of such industrial plants; providing that the exercise of the powers conferred by or enumerated in this Act shall not constitute a public nuisance; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Whenever used in this Act, unless different meaning clearly appears from the context: Page 2545 (a) The term municipality shall mean the County of Macon or any incorporated city or town located in Macon County; and Definitions. (b) The term governing body shall mean the board, commission, council, or other local legislative body of such municipality. Section 2. It is hereby determined and declared that the natural resources located within the State of Georgia are among the greatest and most valuable resources and assets of the State, and, if properly managed and utilized within the State, they will constitute a constantly increasing source of income and employment. Natural resources. Section 3. It is further determined and declared that great natural resources are located within the County of Macon and surrounding territory, which fact, together with the available transportation facilities of the area and other relevant factors, has induced and continues to induce industries to locate in Macon County in constantly increasing numbers. Same. Section 4. It is also determined and declared that further inducement of industries which utilize natural resources to locate, expand and operate in Macon County will result in an enhancement in the value of all properties located in said county and surrounding territory and will greatly stimulate and increase employment in that area, and will be to the best interests of said County of Macon and its citizens, to the best interests of the counties adjoining the County of Macon and the citizens thereof, and to the best interests of the State of Georgia as a whole. Same. Section 5. In order to encourage, foster and further promote the utilization of Georgia natural resources within the State, and particularly within the County of Macon, the County of Macon any municipality (as herein defined) acting by and through its governing body, in addition to the powers and authority which it may now have, shall have power: Powers of Macon County and municipalities in Macon County. Page 2546 (a) To sell, convey, lease for any term, or otherwise transfer any of its real property, or any interest therein, needed or useful in the construction, expansion or operation of, or as a site for, any industrial plant, system or facility which utilizes the natural resources of said county; Provided that the governing body of said county or municipality shall first, in its discretion, determine and declare by appropriate resolution that such property or interest is not necessary to the county or municipality for other public purposes; and provided that the consideration for such sale, conveyance, lease or transfer may be the construction, expansion or operation of such industrial plants, system or facility in Macon County, and the consequential benefit to said county or municipality or its citizens and any such other consideration as said governing body may, in its discretion, deem proper and fitting, regardless of the actual worth or value of such property or interests; (b) To acquire by lease, gift, purchase or the exercise of the right of eminent domain real property or any desired interest therein, as to the county, land located in the county and as to cities and towns, real property either within the city limits or without; to construct, to reconstruct, to improve, to better, to extend, to operate, and to maintain systems, plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, aeration, or disposal of industrial wastes and effluents, sewerage, and storm water, or any of them; and as part of the service and operation of such systems, plants, works, instrumentalities, and properties, to expel, flow, direct, or dump such wastes, effluents, sewerage and storm water into any reservoir, settling ponds, or aeration systems owned, maintained or operated for that purpose, and into any branches, creeks, rivers or streams located in whole or part in said county; (c) To make contracts with the owner or owners of existing, future or proposed, industrial plants of the type which utilize the national resources of said county, whereby said county or municipality undertakes and obligates Page 2547 itself to collect, treat, aerate, or dispose of the sewerage or industrial wastes and effluents of such industrial plants for and during such period of years, in such manner, at such costs, and for such fees, tolls, and charges as the governing body of said county or municipality may, in its discretion, deem proper and fix by such contract; (d) To advertise the advantages of locating such industrial plants within said county. Section 6. It is determined and declared that the exercise of the powers conferred by section 5 hereof, or any of them and the doing of the acts and things enumerated in said section 5, or any of them, shall be for the best interests of the public, and the exercise of any such powers, or the doing of any such acts or things by any municipality shall in no event constitute or be declared a public nuisance. Section 7. Be it further enacted by the authority aforesaid that if any part or parts of this Act, or its or their application to any county, municipality, person, thing, or circumstance, be held to be unconstitutional or otherwise invalid, the validity of the remainder of this Act and of the application of such part or parts to other county, municipalities, persons, things and circumstances shall be unaffected. Section 8. Should the right of eminent domain be exercised by any municipality under this Act, the proceedings of such exercise shall be those now provided by the general law of the State. Eminent domain. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. February 9, 1957. To whom it may concern: This is to certify that the Notice of Intention to Introduce Page 2548 Local Legislation was published in the Citizen Georgian, Montezuma, Macon County, Georgia on Thursday, January 24, January 31, and February 7, 1957. /s/ J. C. Cox, Publisher. J. C. Cox. Georgia, Macon County: Sworn to and subscribed before me this February 9, 1957. /s/ J. H. Patterson, Notary Public. Georgia, State at Large. My Commission expires 3-21-1959. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill applicable to Macon County and the incorporated towns and cities therein; determining and declaring a public policy regarding the utilization of natural resources by present and future industries in Macon County; providing for inducements to encourage industries which utilize natural resources to locate, operate, and expand in said county; authorizing said county, towns and cities, to sell, convey, lease or transfer real property and interests therein needed or useful in the construction, expansion, or operation of, or as a site for, such industries under certain conditions and terms authorizing said county, towns, and cities, to acquire by lease, gift, purchase, or the exercise of the right of eminent domain, in the case of towns and cities, whether located within the city limits or without,any property or interests therein desired for utilization for construction, improvement, extension, operation, and maintenance of systems, plants, and properties, used or useful in connection with the collection, treatment, aeration or disposal of industrial wastes, effluents, sewerage, and storm water resulting from and incident to, or arising from the construction or operation of industrial plants and facilities of such industries; authorizing said county and each of said towns and cities to obligate themselves by contract Page 2549 with owners of such industrial plants, to collect, treat, aerate, or dispose of the sewerage or industrial wastes and effluents of such industrial plants; providing that the exercise of the powers conferred by or enumerated in this Act shall not constitute a public nuisance; and for other purposes. This 19th day of January, 1957. J. Lester Souter, Representative, Macon County. 1-24-57-3t.cg. Approved March 5, 1957. COBB COUNTYNEW COURTHOUSE AND JAIL. No. 199 (House Bill No. 228). An Act to authorize the County of Cobb to erect a new courthouse and jail; to authorize the County of Cobb to incur bonded indebtedness for the purpose of erecting a new courthouse and jail, pursuant to an election duly called and held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of the County of Cobb is hereby authorized to cause a new courthouse and jail to be built for said county within the City of Marietta at such location or locations as the said governing authority of said county may determine. Section 2. The County of Cobb is hereby authorized to incur bonded indebtedness through the issuance of general obligation bonds, under the provisions of Article VII, Section VII, Paragraphs 1 and 2, of the Constitution Page 2550 of Georgia and the laws of this State, pursuant to an election duly called and held as provided by law, in order to effect and procure the erection of such new courthouse and jail. Bonds. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication Georgia, Cobb County. Before me, an officer authorized to administer oaths, came, Margaret H. Smith, comptroller for the, publisher of the Marietta Daily Journal, who deposes and says that the following is a true and correct copy of a notice of intention to apply for passage of a local bill or bills, to change the location of the courthouse and jail of the County of Cobb, in the City of Marietta; to authorize the building of a new courthouse and jail for the County of Cobb in the City of Marietta; to authorize the issuance of bonds to provide for the construction of the new courthouse and jail pursuant to an election held for that purpose; and for other purposes, which notice was published in the Marietta Daily Journal on the following dates: December 14th, December 31st and December 28th, 1956. Notice of Intention to Introduce Local Legislation `Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill or bills to move the Cobb County courthouse from its present location to another location in the City of Marietta, Cobb County, Georgia; to amend the necessary acts incident thereto; to provide for the financing of a new courthouse by the issuance of bonds; to provide for a referendum; to authorize the governing authority of Cobb County, Georgia, to do all necessary things and make all necessary contracts for the erection of a new courthouse, including the right to acquire the necessary property, materials and labor for the location Page 2551 and construction of said courthouse, and for other purposes. This 12th day of December, 1956. Eugene W. Holcombe Fred D. Bentley Harold S. Willingham Raymond M. Reed' Deponent further says that the Marietta Daily Journal is a newspaper of general circulation in Cobb County, Georgia, is published weekly, and was at the time of said publications the newspaper in which the sheriff's notices for the county were published for the calendar year, 1956. This 22nd Day of January, 1957. /s/ Margaret H. Smith, Comptroller /s/ Brooks P. Smith, Publisher, Marietta Daily Journal By: Margaret H. Smith, Comptroller. Sworn to and subscribed before me, this 22nd day of January, 1957. /s/ Yvonne Harrison Notary Public, Cobb County, Georgia (Seal). Approved March 5, 1957. Page 2552 CITY OF ATLANTA CHARTER AMENDEDBOARD OF EDUCATION. No. 200 (Senate Bill No. 28). 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; to prescribe various budget making procedures for the Atlanta Board of Education and to create and confirm the office of comptroller of said board and prescribe his duties; to enact various other provisions with reference to the fiscal affairs of the Atlanta Board of Education; to repeal conflicting laws; and for other purposes. 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 enactment of this law. Section 2. The Board of Education of the City of Atlanta shall at its regular meeting in May, 1960, and each four years thereafter, elect a comptroller. He shall hold office for a term of four years from July 1 following his election, or until his successor is elected and qualified. The comptroller heretofore elected by the Board of Education and now serving shall hold office for a term of four years from the second Monday of July, 1956. Upon a vacancy occurring in the office, the board may fill the vacancy for the balance of the term. The comptroller shall give adequate bond in the amount of $100,000.00, approved by the board, conditioned for the faithful performance of his duties, and he shall be paid such salary as the Board shall approve. The comptroller shall have the duty and power to act as the chief fiscal officer of Page 2553 the board, and he shall pass upon all warrants or claims which shall be presented to him for payment and shall be entitled to require evidence that the amount claimed is justly due and for that purpose may summons before him any officer or employee 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. Comptroller. Section 3. There shall be a budget commission of the Atlanta Board of Education to consist of the comptroller, superintendent of schools, president of the board, chairman of the finance committee of the board and two other members of the board, to be nominated each year by the president of the board and elected by the board. The fiscal year shall be the calendar year. The superintendent of schools shall prepare the budget and in doing so shall obtain or cause to be obtained from the comptroller and the various subordinate officers of the board estimates of revenue and expenditures for matters within their jurisdiction in sufficient detail to present the character and object of proposed expenditures, and such other supporting data as may be necessary or proper. The budget commission shall review the budget as prepared by the superintendent, and make such revisions thereof as it may deem advisable. It shall then approve the budget as thus prepared and revised, and shall submit the budget, along with an explanatory message, to the board of education. Budget commission. Section 4. The budget as thus reviewed and approved by the budget commission shall provide a complete financial plan for the board's operations for the ensuing fiscal year and shall include and not be limited to Budget. (a) Detailed estimates of all anticipated revenue applicable to proposed expenditures; (b) Detailed proposed expenditures, appropriations required by statue and other purposes; and (c) Comparative date on the last completed fiscal year Page 2554 and actual and estimated data for the current fiscal year. Anticipations of revenue shall consist of the actual revenue collected from all sources during the current fiscal year and estimated revenue for the remainder of the fiscal year, provided that there may be added to such anticipations a sum as determined by the budget commission equal to not more than 85% of all tax executions on real estate and 50% of the 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 city comptroller as being solvent and collectible. There may also be added to anticipated revenues any additional amount as determined by the budget commission anticipated as being available for the next fiscal year from the recommended tax levy, from surplus, from the State Board of Education on the basis of current payments, or other like source, but when the actual amount of such funds is known the budget shall be adjusted accordingly. 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. Section 5. Copies of the proposed budget as thus prepared by the superintendent and reviewed and revised by the budget commission shall be submitted to each member of the board of education not later than December 1 of each year. The proposed budget thus submitted to each member of the board of education shall be filed in the office of the secretary of the board, and the budget commission shall cause to be published (not later than December 5 of each year) a summary of the proposed budget in a newspaper of general circulation in the City of Atlanta. On and after December 1 of each year, the detailed budget as submitted and all supporting data shall be a public record open to inspection by anyone at the office of the secretary of the board and at the office of the comptroller, and copies shall be made available to any interested members of the public. There shall be a meeting of the board to be held at 7:30 p.m. on the third Monday in December for the purpose of hearing anyone desiring to be heard upon the proposed budget, Page 2555 but no final action upon the proposed budget shall be taken by the board prior to the January meeting hereafter referred to. Copies of budget to be available for public inspection. Section 6. There shall be a meeting of the board at 7:30 p.m. on the third Monday in January, at which the board shall further consider the proposed budget and make any corrections or additions or changes therein deemed advisable, and shall hear anyone who may desire to be heard further upon the proposed budget, and shall adopt the budget, and upon adoption it shall relate back to the first of the year and cover the entire fiscal year. Within one week after its adoption a summary of the budget shall be published in a newspaper of general circulation in Atlanta, Georgia, and a copy of the budget as finally adopted shall be certified by the budget commission and shall be filed in the office of the board of education and in the office of the comptroller. The budget so certified shall be printed, mimeographed or otherwise reproduced, and copies thereof shall be made available for the use of all officers of the board who may have need therefor, and for the use of the public. Budget adopted. Section 7. The budget so adopted shall not be changed or altered during the fiscal year and the board of education may not vary titles, descriptions or conditions of administration specified in the budget, except in the manner provided hereinafter. Should any property of the board of education be damaged or destroyed by fire, windstorm, or other casualty, the board of education may provide for the restoration of such property or the repair of such damage from any available funds. Any action to insert any additional item, increase or decrease any item or appropriation for any purpose, transfer any item or to revise the budget in any particular shall be taken only at a regular public meeting of the board of education. Any action to increase salaries, except for regular September increments and increases, shall be taken only after giving notice of the proposed increases at a public meeting of the board of education, regular or called and adopted at a subsequent public meeting of Page 2556 the board of education not less than two weeks later. The board of education shall have no authority to transfer and reallocate all other funds lawfully anticipated. outstanding obligations to any other purpose until all such obligations are paid, but they may, however, transfed and reallocate all other funds lawfully anticipated. Should the anticipated income of the board of education be either increased or decreased by law or by a change in the tax rate or in the assessed value of property subject to taxation, or by increased or decreased appropriation from the State Board of Education or other revenue source, the budget commission shall, within a period of ten days after receipt of information as to such change in the amount of anticipated income certify to the board of education the amount of the new budget for the balance of the fiscal year, and the board of education, upon certification by the budget commission, shall at its next regular meeting adjust the anticipated income accordingly, and revise the budget as it may then determine to accord with the anticipated income as thus certified to it. Amendment of budget. Section 8. This Act shall not affect the expenditures of any monies derived from bonds that are issued and sold by the City of Atlanta or by the board of education 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. Section 9. 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 complied 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 and may be collected from said board of education by the holder or holders of any such warrant or obligation. Void warrants. Section 10. It shall be the duty of the board of education Page 2557 to cause an audit to be made annually of all of its operations, which audit shall be made by independent certified public accountants. When completed, the audit shall be filed with the comptroller of the board of education not later than June 1 of each year covering the financial oprations of the board of education for the preceding year ending December 31. Upon receipt of such audit, the comptroller of the board of education shall forthwith have complete copies of the audit transmitted to the Atlanta Public Library, the Atlanta Chamber of Commerce and the Fulton County Grand Jury shall also provide copies to any interested party at actual cost. Audits. Section 10-A. Payrolls and payroll records shall be maintained in the office of the comptroller of the board of education and are hereby declared to be public records and as such open to inspection by the public at said office at all times during regular office hours. Payroll records. Section 11. Upon approval of this Act it shall be deemed to apply to all fiscal operations and affairs of the board of education for the year 1957 and subsequent years and any and all acts, laws and parts of laws of the General Assembly or ordinances of the City of Atlanta or rules of the board of education contrary hereto or inconsistent herewith be and they are hereby repealed. Payroll records. Section 12. 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 portion of this Act shall remain in full force and effect. Effective date. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. Page 2558 RETIREMENT OF JUDGES AND SOLICITORS-GENERAL OF FULTON COUNTY CIVIL AND CRIMINAL COURTS. No. 201 (Senate Bill No. 81). 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... to repeal all laws in conflict herewith and for other purposes approved January 31, 1946 (Ga. L. 1946, p. 299) as heretofore amended, so as to provide that the clerk and marshal of the Civil Court, the clerk of the county commission of Fulton County, shall be entitled to benefits hereunder; 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 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... to repeal all laws in conflict herewith and for other purposes approved January 31, 1946 (Ga. L. 1946, p. 299) as heretofore amended, be further amended as follows: Section 1. There shall be inserted after the word judge in line five of section 1 of said Act, a comma and the words, clerk or marshal, and after the word county in line six of said section, a comma and the words the clerk of the county commission of Fulton County, so that said section when so amended shall read as follows: 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, a judge and/or solicitor general of the Criminal Page 2559 Court of Fulton County, a judge, clerk or marshal of the Civil Court of Fulton County, the clerk of the county commission of Fulton County and/or judge of the juvenile court of Fulton County may, at his and/or their option, retire under the provisions of this act, provided such judge or judges or solicitor general shall have served continuously in either or both offices for twenty (20) years. The years of service prior to the passage of this Act shall be counted in computing the time necessary for eligibility for retirement, beginning with the actual date of qualification for either office and twenty continuous years or twenty years under this act wherever used herein is defined as twenty years of twelve months each, commencing with the date when such judge or solicitor general qualified for the office, and not twenty calendar years. 1946 Act amended. Section II. Wherever used in this Act or any amendment thereto, the words judge or judges or solicitor general shall be construed to include both the clerk, and the marshal of the civil court of Fulton County and the clerk of the county commission of Fulton County as beneficiaries hereunder and such officer shall be subject to all of the provisions of this Act including the payment of contribution based upon service with Fulton County in any capacity other than as judge or solicitor general, it being the intention of this Act that the contribution required of the clerk and marshal of the civil court, the clerk of the county commission of Fulton County who are by the terms of this amendment made beneficiaries of this Act, shall be equal, percentage-wise, in all respects to the contributions made by the judges and solicitors general who were originally embraced within the terms of this Act. Section III. All laws and parts of laws in conflict herewith be and they are hereby repealed. Section IV. 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 Page 2560 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. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. CITY OF ATLANTA CHARTER AMENDED. No. 202 (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 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 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, having been complied with for the enactment of this law. Section 2. By repealing section 4 of an Act approved March 7, 1955 (Ga. L. 1955, p. 3133), which said Act is an amendment to the Act described in the caption to this Act, which is as follows: Page 2561 The Board of Education shall appropriate and pay to the City of Atlanta a sufficient amount to pay the principal and interest, before the maturity date thereof, on all school bonds now outstanding or hereafter issued. School bonds. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. WALKER COUNTYCOUNTY COURT ABOLISHED, CITY COURT ESTABLISHED. No. 203 (Senate Bill No. 55). An Act to abolish the County Court of Walker County, and to transfer all unfinished business in said court to the City Court of Walker County which is created hereby; to define the jurisdiction and powers of the City Court of Walker County; to provide for the selection of the judge, solicitor and other officers and to define their powers and duties; to fix the term of such officers, and provide for the election of a judge, and the appointment of other officers of said court; to provide for pleading and practice of new trials therein and writs of error therefrom; to fix the term thereof; to provide for jurors therefor; to provide for an effective date of such Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The County Court of Walker County created and organized under an Act entitled An Act to create a County Court in each county of the State of Georgia except certain counties therein mentioned, approved January 19, 1872 (Ga. L. 1871-1872, p. 288) as amended, or the City Court of Walker County, created Page 2562 and organized under an Act entitled An Act to establish City Courts in counties having a population of fifteen thousand or more, where the same do not now exist, upon the recommendation of the grand juries of said counties; to define the powers, mode of selecting officers and jurisdiction of the same, and for other purposes, approved October 19, 1891 (Ga. L. 1890-91, V. 1, p. 96), or both such county court and city court are hereby abolished under the authority of Article VI, Section XVIII, Paragraph I, of the Constitution. Wherever the words County Court or County Court of Walker County shall appear in other sections of this Act, they shall be construed to mean the county court or city court or both such county court and city court abolished by this section. County Court abolished. Section 2. There is hereby established and created the City Court of Walker County to be located in the City of LaFayette, in the County of Walker, which shall have jurisdiction over the whole County of Walker, concurrent with the superior court to try and dispose of all criminal cases, of all offenses below the grade of felony committed in the County of Walker, and all civil cases, save where exclusive jurisdiction is vested in the Superior Court. All cases, both civil and criminal, pending in the County Court of Walker County, shall be transferred to the City Court of Walker County, as herein established, and tried in said City Court as if originally filed in said court, and all illegalities, claims, and answers to any proceedings growing out of any execution, decree or order of said court shall be returned to said city court, and all witnesses subpoenaed in cases pending in said abolished county court shall attend the city court herein established from time to time until said cases so transferred shall be disposed of. All cases pending in the abolished county court so transferred to the established city court shall stand for trial at the next term thereof and continued therein under the laws of regulating continuances of cases in said established city court. City court created, jurisdiction. Section 3. There shall be a judge of said city court, who shall be elected by the qualified voters of said Page 2563 County of Walker, who shall hold his office for a term of four years, and if there should be a vacancy in the office of judge, the Governor shall, by appointment, fill the same until the next general election, when the judge shall be elected to fill the unexpired term, which election shall be held under the same rules as govern other elections provided, that if said vacancy occurs within thirty days of the next general election, then the appointment of the Governor shall continue for the remainder of the unexpired term. The judge of said city court shall receive a salary of $3,000.00 per annum, which shall neither be diminished nor increased during his continuances, except to apply to a subsequent term in office, and which shall be paid monthly from the treasury of the County of Walker, and it shall be the duty of the commissioner of roads and revenue of said county, or other proper officers, to make provisions annually in levying taxes for this purpose. The judge shall receive no other compensation, but may practice law in any court except his own. Any provisions of this section pertaining to the salary of the judge of the city court shall not be effective until January 1, 1959. Judge. Section 4. No one shall be eligible to the office of said judgeship unless he be, at the time of his qualification, at least twenty-five years of age, a resident of Walker County for three years immediately preceding the appointment or election and must have practiced law for three years. He shall, before entering upon his duties of his office, 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 perform and discharge all duties which may be required of me as judge of the City Court of Walker County of this State, according to the best of my ability and understanding, agreeably to the laws and Constitution of this State, and the Constitution of the United States, so help me God, which oath shall be filed in the Executive Department. Same, qualification oath. Section 5. The Solicitor General of the Superior Court Page 2564 of Walker County shall be the solicitor of the City Court of Walker County, and shall be entitled to no additional compensation for his duties as such, other than the compensation now received by him as Solicitor General of the Lookout Mountain Circuit. It shall be the duty of said solicitor to prosecute for all offenses cognizable before said city court. Solicitor. Section 6. The Honorable Freeman C. McClure is hereby named and constituted Judge of the City Court of Walker County, at the same compensation he is now receiving as Judge of the County Court of Walker County, from the effective date of this Act until his successor is elected and qualified. His successor shall be selected at the general election held for the Governor and other State House officers in November, 1958, said successor to take office January 1, 1959. Judge McClure. Section 7. The clerk and his deputies of the Superior Court of Walker County shall be ex officio clerk and deputies of the city court. Said clerk shall, before entering upon the duties of his office, take and subscribe an oath to faithfully and impartially discharge the duties thereof, which oath shall be entered on the book of minutes of said city court. He shall also, before entering on the duties of his office, execute a bond with good security in the sum of one thousand ($1,000.00) dollars for the faithful discharge of the duties of his office. Clerk. Section 8. The Sheriff of Walker County shall be ex officio sheriff of said City Court of Walker County. Before entering upon the discharge of the duties of his office, the sheriff shall execute a bond with good security in the sum of two thousand ($2,000.00) dollars for the faithful discharge of the duties of his office. He shall have the same authority to appoint a deputy or deputies as provided in the Code for appointment of deputy sheriffs. Sheriff. Section 9. All the duties and liability attached to the office of clerk of the superior court and to the office of Page 2565 sheriff shall be attached to the office of clerk of the City Court of Walker County, and to the office of sheriff of the City Court of Walker County, respectively, and that the judge of the City Court of Walker County is empowered to enforce the same authority over the said clerk and sheriff and their deputies as is exercised by the judge of the superior courts over the clerks of the superior courts and sheriffs of the counties of Georgia. Clerk and sheriff, duties. Section 10. The clerk and sheriff of said city court shall, unless otherwise specified in this Act, and their deputies shall, receive for all services the same fees as are allowed by law for like services in the superior court. They shall be amenable to the same processes and penalties as they are amenable to as officers of the superior court, and they shall be entitled to the same remedies to enforce the collection of their fee and costs in said city court as they are now entitled to in the superior court. Same, compensation. Section 11. The judge of said city court shall have the power to issue writs of habeas corpus and to hear and dispose of the same in the same way, and with the same power as the judge of the superior court. Powers of the court. Section 12. Said City Court of Walker County shall have quarterly terms, which shall be held on the second Monday in March, second Monday in June, second Monday in September, and the second Monday in December, and such terms shall remain open for the transaction of business until the next succeeding term, and shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. The terms of such court shall be held at the courthouse in the City of LaFayette, in the County of Walker, for which, when necessary, juries shall be drawn as hereinafter directed, and shall last until the business is disposed of, unless for good cause the jury is sooner discharged. The judge of the city court shall, in his discretion, hold jury trials at any time during any term of said court at the place of holding said court for the transaction of business. Said judge may, in his discretion, set Page 2566 cases for trial at convenient times and may proceed to hear and dispose of same. Terms, place of holding court, jurors. Section 13. In all matters pertaining to process to compel the attendance of witnesses and jurors, to punish for contempt, and pleadings and practice, the laws governing the superior court, where not inconsistent with this Act, and unless otherwise specially provided by this Act, shall be applicable to said city court. Rules of practice. Section 14. The judge of the city court shall have the power and authority to hear and determine without a jury all criminal cases of which the said court has jurisdiction, and to pass sentence thereon: provided, however, that the defendant in any cause shall first waive trial by jury in writing by himself or his attorney, on or before the call of the case, in all cases where such party is entitled to a trial by jury under the Constitution and laws of this State. Trial by jury, waiver. Section 15. Said court shall have jurisdiction of all criminal cases of misdemeanor grade arising in Walker County under the Public Safety Act of 1937 and Acts amendatory thereof. Jurisdiction. Section 16. The City Court of Walker County shall be a court of record and shall have a seal, and the minutes, records, orders and other books and files that are required by law, and rules, to be kept for the superior court shall be kept in and for the said city court, and in the same manner, and all laws applicable to the duties of the clerk and sheriff in said superior court shall apply to them in said city court, except where they conflict with the provisions of this Act. Court of record. Section 17. The judge of said City Court shall have the power to enforce his orders, to preserve order, punish for contempt, and to enforce all his judgments as is vested by law in the judge of the superior courts of this State. Powers of court. Section 18. It shall be the duty of the clerk of said Page 2567 City Court of Walker County to prepare and file in his office a complete copy of the traverse jury list of the Superior Court of Walker County, as provided from time to time for such superior court. From said copy so made, traverse jurors in said City Court of Walker County shall be drawn in the following manner: The clerk of said City Court of Walker County shall write upon separate tickets the name of each traverse juror, and shall number the same and place the same in a box to be prepared for that purpose, from which shall be drawn twenty-four traverse jurors in the manner as now required by law in the superior courts, and as many more jurors may be drawn in the discretion of the judge 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 Walker County. All exemptions from jury duty now in force in the Superior Court of Walker County, shall apply and be of effect in the said city court. Jury list. Section 19. All laws in reference to the qualifications, relations, empaneling, fining and challenging jurors, now of force in this State, or herafter enacted by the General Assembly, regulating the same in the superior courts, shall apply to and be observed in the City Court of Walker County, except when inconsistent with the provisions of this Act. Jurors. Section 20. The sheriff of said court, with the approval of the judge, is authorized to appoint at each term of said court not exceeding two bailiffs as officers of said court, who shall receive the same pay as bailiffs in Walker Superior Court. Bailiffs. Section 21. If upon the trial of any case it shall appear to the judge that the evidence makes the case a felony against the accused, he shall thereupon suspend the trial and commit or bail over the defendant to the next superior court as in preliminary examinations. Jurisdiction. Section 22. Defendants in criminal cases in the City Page 2568 Court of Walker County shall be tried on written accusation setting forth plainly the offense charged, founded upon an affidavit of the prosecutor. The affidavit upon which a warrant for the arrest of an accused person is based, shall be sufficient affidavit for the preparation of an accusation in said court. All the proceedings after accusation shall conform to the rules governing like cases in the superior courts, except that the accused may be tried without a jury as hereinbefore provided. In all cases tried, the accusation shall set forth the offense charged with the same particularity, both as to matter of form and substance, as is required by the laws and rules of criminal pleadings to be observed in bills of indictment in the superior courts. Practice. Section 23. The judge of the superior court shall send down from the Superior Court of Walker County to the said City Court of Walker County for trial and final disposition all presentments and indictments for misdemeanors which may be undisposed of at the close of each term of the superior court, and the order of transmitting such cases shall be entered on the minutes of both courts, provided, that this section shall not apply to those presentments or indictments under which arrest has been made and the bond of defendant forfeited. Jurisdiction. Section 24. It shall be the duty of all justices of the peace and notary publics ex officio justices of the peace of Walker County to take recognizance from all persons charged with the offense of misdemeanor grade, calling upon such persons to appear at the next term of the City Court of Walker County, provided that if, at the time of taking such recognizance there shall be a jury empaneled and sworn in said court, then such recognizance taken shall require the presence of such person at the term of said court in session at the time. Justices of the peace. Section 25. A writ of error shall lie from the City Court of Walker County to the Supreme Court of Georgia and to the Court of Appeals of Georgia, whichever court has jurisdiction, upon a bill of exceptions filed under Page 2569 the same rules and regulations as govern and control the issue of writs of error and filing of bills of exceptions in the superior courts of this State. Appeal. Section 26. In all cases in the said City Court of Walker County, the same power and rights of parties as to waivers, pleadings and procedure or other matters pertaining to the same, shall be allowed and upheld by the laws and rules to parties in the superior courts. Practice and procedure. Section 27. The judge of the City Court of Walker County shall have power to grant a new trial in any case, in his 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 pleadings, practice and procedure governing motions, rules nisi, and other proceedings in new trials in the superior courts, shall apply and govern the same in the City Court of Walker County. All motions for new trials must be made and filed with the clerk of the City Court of Walker County within ten days from the date of the rendition of the verdict or judgment complained of. In other respects such motion shall be governed by the ordinary rules and laws governing motions for new trials in the superior courts. New trials. Section 28. All rules of the superior court relating to continuance, motions, pleas, and practice shall be applicable to the City Court of Walker County and shall obtain therein. Superior court rules. Section 29. Whenever the Judge of the City Court of Walker County is, from any cause, disqualified from presiding, and the judge of the superior court cannot, from any cause preside in said court, as provided in the Constitution, then upon consent of the parties, or upon their failure or refusal to agree, said cause shall be tried by a judge pro hac vice, selected in the same manner as now provided for in the superior courts. The judge may secure the service of any judge of any constitutional city court of the State to preside in such disqualified cases Page 2570 should he deem it advisable to do so, or the service of any practising attorney in the State who possesses the necessary qualifications required for the judge of said city court by this Act, with exception of the requirement as to residence. Judge pro hac vice. Section 30. In case of the absence of the judge of the City Court of Walker County at any term thereof, the sheriff or clerk of said court may adjourn it to such time as the judge may, in writing, direct, or if no directions be given, the court shall stand open as provided for in section 12 of this Act. Absence of judge. Section 31. All fines and forfeitures arising from cases tried in the City Court of Walker County shall be paid out and distributed in the same manner as prescribed for the solicitor-general of the superior court as is set out in Title 27, Chapter 29, of the Code of Georgia of 1933, provided that any surplus existing in said fines and forfeiture fund may, at any time, be applied to any claim against said fund by the clerk or sheriff of the Walker Superior Court due and owning them or any of them, by virtue of their office as clerk or sheriff of Walker Superior Court. Dispositoin of fees. Section 32. The judge of said court may appoint an official stenographer for said court who shall report such cases as the court may require. He shall receive the same fees as allowed for similar services in the superior court, and which shall be taxed and enforced as in the superior court. Court stenographer. Section 33. The Commissioner of Roads and Revenue of the County of Walker, or other authority having charge of county affairs, shall provide a suitable place in the courthouse in said city of LaFayette for the holding of court, and provide a seal and the necessary books for keeping the dockets, minutes and records of the City Court of Walker County. The said commissioner of roads and revenue or other authority having charge of county affairs, shall further provide necessary stationery, postage Page 2571 stamps, typewriters, and other office supplies as may be necessary for the officials of said court and shall provide for each of said officers a telephone. The county shall pay for such long distance calls as may be made by the officials of said court in the performance of their duties as such. Place of holding court, supplies, etc. Section 34. This Act shall become effective on April 1, 1957. Section 35. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. BEN HILL COUNTY COMMISSION. No. 204 (Senate Bill No. 130). An Act to amend the Act creating the office of commissioners of roads and revenues in and for Ben Hill County, Georgia, approved August 15, 1914, by providing that the vice chairman of said board of county commissioners shall have the right to sign county warrants in the absence of the chairman or when for any other reason he has been designated to do so by said board: To provide further that the vice chairman of said board shall have supervision over the Ben Hill county hospital or any other hospital that may be operated by said county, subject to such rules and orders as may be adopted concerning the same by said board; to provide for the pay of said vice chairman and to define his duties in connection with said hospital; to provide that said board may appoint a deputy clerk and to define the duties of such deputy clerk; and for other purposes. Page 2572 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 that the commissioners of roads and revenues in and for Ben Hill County, Georgia, shall have the right at any regular or special meeting to delegate to the vice chairman of said board the duty of supervising the Ben Hill County Hospital or any other hospital that may be operated by said board for the benefit of Ben Hill County, Georgia, which vice chairman shall have the primary duty of supervising said Ben Hill County Hospital or any other hospital that may be operated by said board, subject to all rules, orders and regulations that may be made by said board, and for such duties the said vice chairman shall receive in addition to any compensation now allowed by law the sum of fifty dollars ($50.00) per month, which shall be payable by warrant drawn on the county depository of said county as other warrants are drawn in payment of the obligations of said board. Vice chairman of board of commissioners. Section 2. Be it further enacted by the authority aforesaid that in the absence of the chairman or by resolution to that effect entered on the minutes of said board of commissioners of roads and revenues of Ben Hill County, Georgia, the vice chairman shall be authorized and empowered to sign any and all county warrants that may be issued by said board in payment of any legal obligation. Same. Section 3. Be it further enacted by the authority aforesaid that said board of commissioners of roads and revenues of Ben Hill County, Georgia, shall have the right at any special or regular meeting to appoint a deputy clerk of said board, whose duties shall be as may be defined and set forth by any regulation, rule or order by said board at any regular or special meeting, and that said deputy clerk shall serve at the pleasure of said board and shall be subject to removal from office at any time with or without cause, and a successor may be appointed immediately upon there being a vacancy in said office for Page 2573 any reason whatsoever; but nevertheless said board shall not be required to appoint a deputy clerk but shall be authorized so to do at any time in the discretion of the board a deputy clerk is needful and necessary; and in the event a deputy clerk is appointed such deputy clerk shall have authority to sign county warrants, provided such warrants are also signed by the chairman of the board of commissioners of roads and revenues in and for Ben Hill County, Georgia, or the vice chairman thereof. Deputy clerk. Section 4. Be it further enacted by the authority aforesaid that any such deputy clerk appointed by said board shall, before entering upon the duties of such office, subscribe and file with said board an affidavit that such deputy clerk shall faithfully perform the duties of deputy clerk of said board and comply with all lawful orders and regulations of said board and will subscribe to any other affidavit that may be required by law or public officials of the State of Georgia, and in addition to taking said oath said deputy clerk shall enter into a good and sufficient bond with surety thereon, which shall be an approved surety company authorized to do business in the State of Georgia, which bond shall be in the sum of one thousand dollars ($1,000.00) and payable to the board of commissioners of roads and revenues of Ben Hill County, Georgia, conditioned that said deputy clerk shall faithfully perform all the duties required of such deputy clerk and obey all lawful orders and regulations of said board of commissioners of roads and revenues of Ben Hill County, Georgia, and shall faithfully account for all money or property that said deputy clerk may receive belonging to the County of Ben Hill, State of Georgia. The premium on said bond shall be paid by the board. Same, oath and bond. Section 5. Notice of intention to apply for 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 attached hereto and made a part of this Act a copy of said notice certified by the publisher of the newspaper, namely, The Fitzgerald Page 2574 Herald, in which the sheriff's advertisements are published for Ben Hill County, Georgia, to the effect that said notice has been published as provided by law. Section 6. 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 March 5, 1957. FULTON COUNTY BOARD OF EDUCATION RETIREMENT SYSTEM. No. 205 (Senate Bill No. 161). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as heretofore amended: so as to give credits for prior service in the State of Georgia; to increase the benefits for persons employed in excess of twenty-five years; to provide an option in the selection of the manner of computation of benefits; to provide conditions under which a discharged person may receive benefits; to provide for refund of all contributions upon termination of service; to provide for suspension and repayment of contributions for persons on an official leave of absence; 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 in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Page 2575 Fulton County; and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528) as heretofore amended, is hereby amended by adding a new section to be known as section 4(a) and which shall read as follows: Section 4(a). All persons employed by the Fulton County Board of Education, who are now or were formerly school bus drivers or cafeteria personnel, shall be entitled to receive retirement benefits under the provisions of this Act. Such employees shall be entitled to receive credit for each year of prior service with the said board of education in such capacity or in a similar capacity, provided such employee shall pay into the pension fund the amount of contributions which he would have paid into the present pension fund maintained by the said board of education, based upon his initial salary plus 3% interest compounded annually from the date of employment, if for such years he had been covered by the provisions of this Act. Members. Section 2. Said Act is further amended by striking section 5 of said Act in its entirety and inserting a new section 5 to read as follows: Section 5. When any teacher or employee shall retire, voluntarily or automatically, according to age, and has credit for the number of years service as provided herein, he shall be paid a monthly pension which shall, as to amount, be the equivalent of one-half of the monthly salary or wage of such teacher or employee, arrived at by taking the average monthly salary paid during the five consecutive years that the teacher or employee drew his highest monthly salary or wage, or one-half of the average monthly salary received during the last three years of employment, whichever is the greater amount. To illustrate: if the applicant for a pension during the five consecutive years in which he drew his highest monthly salary or wage drew an average monthly salary or wage of $300.00 per month, he would be entitled to an allowance of a pension or retirement pay in the sum of $150.00 per month. In no event shall the monthly allowance Page 2576 of the pension exceed $150.00 per month to be paid monthly for twelve months of each year; provided further that in no event shall the retirement benefit exceed 75% of the average monthly salary paid during the five consecutive years that the teacher or employee drew his highest monthly salary or wage, or 75% of the average monthly salary received during the last three years of employment, whichever the greater amount. All persons coming under the provisions of this Act shall retire at the end of the fiscal school year in which such person attains the age of 65 years. Retirement. Section 3. Said Act is further amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, which shall read as follows: Section 9. If any teacher or employee severs his or her connection with the said board of education before retiring under the provisions of this Act, or dies before being entitled to retire, then such member, if living, or the person entitled thereto under the next sentence of this section, as the case may be, shall be entitled to a refund from said pension and retirement fund of all contributions made by such teacher or employee. Any contributing member may, by written designation filed with the treasurer, specify any person, whether related to him or not, to receive from the county treasurer any refund of such member's contribution which may become repayable in the event of such member's death, and if such written designation remains on file with the treasurer at time of death, such refund shall be paid in accordance therewith. If no written designation currently remains at the time of the death of a member, such contribution shall then be refunded to the estate of such deceased member. Section 4. Said Act is further amended by striking paragraph 10 in its entirety and inserting in lieu thereof a new paragraph 10 to read as follows: Section 10. In computing the time of service that all teachers now employed are entitled to in the number Page 2577 of years of service, credit shall be given for all teaching experience in schools in the State of Georgia receiving public funds in whole or in part. However, for a teacher now employed by the board of education to receive credit for years of service for teaching outside of Fulton County any time prior to the passing of this Act, such teacher shall pay into the pension fund the amount of contributions that he would have paid into the present pension fund maintained by the board of education, based upon his initial salary paid by said board of education, plus 3% interest compounded annually from the date of employment, if for such years he had been teaching in the Fulton County system. Credit for service other than in Fulton County shall be limited to ten years, for which the teacher or employee claiming credit shall contribute the same amount (viz., the same percentage based on the same salary) as such teacher or employee would have contributed had he or she been a teacher or employee of the school system of Fulton County during the same period. If such service was rendered during a period prior to the enactment of this law, such contribution shall be based upon the requirements of this Act as originally adopted. All options to claim such credit are hereby opened, subject only to the limitation that same shall be claimed during a period of active employment. Credit for other service. Section 5. Said Act is further amended by adding a new section to be known as section 13 (a) which shall read as follows: Section 13(a). Should any teacher or employee, entitled to a credit of 25 years or more of service, be discharged, compelled to resign for any reason, or should fail of reappointment, such teacher or employee shall receive a retirement benefit based upon his years of service and subject to the same limitations thereof as to amount and method of computation thereof, notwithstanding the fact that such teacher or employee may not have attained the minimum age of retirement or be disabled. Forced retirement. Page 2578 Section 6. Said Act is further amended by adding a new section to be known as section 16(a) as follows: Section 16(a). Payment of all sums required of a teacher or employee under any provision of this Act may at the election of such teacher or employee be suspended during any official leave of absence, but shall be repaid any time during active service, plus 3% compounded annually, based on current salary during said leave. Payments into Retirement System while on leave. Section 7. Before the provisions of this amendment shall be applied to any teacher or employee eligible for benefits hereunder, such teacher or employee shall file with the secretary of the pension board a written statement of his election to accept the benefits of this amendment on or before May 1, 1957. This amendment, if enacted, and the election to accept its benefits shall be predicated upon an acknowledgment that the General Assembly in adopting this amendment reserved the right to further amend said Act and to reduce the benefits provided hereunder, in the event the employees and teachers of the board of education of Fulton County should ever qualify for benefits under the Federal O.A.S.I. program. Provided further, that the benefits of this Act shall in no event be reduced as a consequence of participation in said Federal O.A.S.I. Program below the benefits as same existed prior to the enactment of the amendment approved March 7, 1955 (Ga. L. 1955, p. 2879). Election to accept benefits. Section 8. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 9. 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 any part thereof other than the part so held to be unconstitutional. Section 10. 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 Page 2579 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. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. CITY OF MOULTRIE CHARTER AMENDED. No. 206 (House Bill No. 499). An Act to amend an 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 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, approved March 3, 1943, by providing for the time of election of the mayor and councilmen and members of the board of school commissioners to prescribe their term, 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 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 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 Page 2580 regulation of the former corporation nor any contract made or right acquired under the same shall be affected by this Act; and or other purposes, approved March 3, 1943, be and the same is hereby amended as follows: Section 1. That section 6 of said Act be amended by adding thereto the following sentence, to-wit: The term of the mayor shall be for two (2) years and shall begin on the third (3rd) Tuesday in October next following his election, so that said section as amended shall read: Section 6. Be it further enacted by the authority aforesaid, that except as otherwise provided in this charter, all powers of the city shall be vested in a council of five (5) members, elected from the city at large in the manner hereinafter provided. The term of members of the council shall be for two (2) years and shall begin on the third (3rd) Tuesday in October next following their election. The terms of the mayor shall be for two (2) years and shall begin on the third (3rd) Tuesday in October next following his election. Mayor's term of office. Section 2. That section 5 of said Act, be and the same is hereby stricken and there is inserted in lieu thereof a new section 5 as follows: Section 5. Be it further enacted by the authority as aforesaid that on the first Monday in October, 1957 there shall be held an election for two (2) councilmen and a mayor, who shall serve for two (2) years and until their successors are elected and qualified; on the 4th Tuesday in May, 1958 and biennially thereafter there shall be held an election for three (3) councilmen who shall serve for two (2) years and until their successors are elected and qualified; and on the 4th Tuesday in May, 1959 and biennially thereafter there shall be held an election for two (2) councilmen and a mayor who shall serve for two (2) years and until their successors are elected and qualified. Elections, time and term. Section 3. Be it further enacted that section 15 of said Act be amended by striking in the second line thereof the word election and inserting in lieu thereof the word qualification so that said section as amended shall read as follows: Section 15. Be it further enacted, Page 2581 that at the first meeting of the council after their qualification they shall choose a city manager, a city attorney, and a city recorder. They shall also choose a board of trustees of the public library, a board of tax assessors, a city planning commission, and a board of zoning appeals, as herein provided. They may at any time fill any vacancies that occur in any of the above offices. The officers and employees elected or chosen by the council shall receive such compensation, take such oath, and when required give such bond as may be fixed by the council. Election of other officials. Section 4. Be it further enacted that section 1 of An Act to amend an Act approved August 9, 1912 approved August 19, 1927 (Ga. L. 1927, p. 1416) be, and the same is hereby amended by striking the second paragraph of section 1 of said Act beginning On the first Monday in October, 1927, etc. and inserting in lieu thereof the following paragraph, to-wit: On the first Monday in October, 1957 there shall be held an election, under the same rules and regulations as govern the election of councilmen in said city, at which election a commissioner from the city at large and one (1) commissioner from each ward shall be elected, such commissioners to succeed the commissioners whose terms expire the first Tuesday in November 1957. On the fourth Tuesday in May, 1958, and biennially thereafter, there shall be held an election, under the same rules and regulations as govern the election of councilmen in said city, at which election one commissioner from each ward shall be elected, such commissioners to succeed the commissioners whose terms expire the first Tuesday in November, 1958, who shall serve for a term of two (2) years from the first Tuesday in November, 1958, and until their successors are elected and qualified. On the fourth Tuesday in May, 1959, and biennially thereafter, there shall likewise be held an election for a commissioner for the city at large and one commissioner for each ward, such commissioners to succeed the commissioners whose terms expire the first Tuesday in November, 1959, who shall serve for a term of two (2) years from the first Page 2582 Tuesday in November, 1959, and until their successors are elected and qualified; that the qualified voters residing in said city shall be qualified to vote for the commissioners from each ward and for the commissioner for the city at large. Be it further enacted that said board of commissioners shall have perpetual succession, power and authority to acquire and hold property, both real and personal, in trust for the benefit of said public schools, with the right to sue and be sued. If a vacancy occurs in the membership of said board, the same shall be filled by an appointment by a majority of the remaining members of said board, the appointee to hold office until the first Tuesday in November following such appointment. His successor shall be elected in the manner herein before prescribed, on the fourth Tuesday in May, such election to be for the unexpired term of the person originally elected. No person shall be eligible to the office of school commissioner for said city, who is under twenty-one years of age, who has not been a continuous resident of said city for at least one year prior to his election, who holds any other elective or appointive office under the government of said city, or who is engaged either as an individual or as a member of any firm or corporation in the sale of school-books to the patrons and their children of said school. The said commissioners shall have power and authority to employ and discharge at liberty a principal and such assistant teachers as they may deem necessary, fix their salaries, and regulate the time and manner of paying them; fix the rates of tuition; select a series of text-books; make rules for the government of said schools; and generally to do and perform all acts and things necessary for carrying out the provisions of this Act; provided that said commissioners shall not elect as principal or teacher in said schools any person who is related to any member of said board of commissioners in the third degree of affinity or consanguinity, or who is engaged directly or indirectly in the sale of school-books. Be it further enacted that the commissioner at large in said city shall be chairman of said board. School commissioners, elections. Page 2583 Section 5. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice. Notice is hereby given of intention to apply for passage of local legislation at the next session of the General Assembly of Georgia to amend an Act creating and establishing a new charter for the City of Moultrie approved March 3, 1943, and acts amendatory thereof. This December 20, 1956. 3 Jan. 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Newton, who, on oath, deposes and says that he is representative from Colquitt County, and that the attached copy of notice of intention to introduce local legislation was published in the Moultrie Weekly Observer which is the official organ of said county, on the following dates: December 21, 1956, December 28, 1956, and January 4, 1957. /s/ David L. Newton, Representative, Colquitt County. Sworn to and subscribed before me this 11 day of Feb., 1957. /s/ Carroll Hawkins, Notary Public. Approved March 5, 1957. Page 2584 POLK COUNTY BOARD OF COMMISSIONERS. No. 207 (House Bill No. 335). An Act to amend an Act creating a board of commissioners of roads and revenues in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719) as amended, particularly by an Act approved August 10, 1920 (Ga. L. 1920, p. 602) by providing that the chairman of said board, in addition to the compensation now provided by law, shall receive the sum of one dollar and fifty cents per day travel expenses for actual travel performed in the discharge of duties imposed by law on said chairman; 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 in and for the County of Polk, approved August 19, 1919 (Ga. L. 1919, p. 719) as amended, particularly by an Act approved August 10, 1920 (Ga. L. 1920, p. 602) is hereby amended by adding thereto a section to be designated section 8 (b), which section shall read as follows: Travel expense of chairman. Section 8 (b). The chairman of said board of commissioners of roads and revenues, in addition to the compensation now provided by law, shall receive the sum of one dollar and fifty cents per day travel expenses for actual travel performed in the discharge of duties imposed by law on said chairman. At the regular meeting in each month the chairman shall furnish the clerk of said board an itemized statement showing the dates on which such travel was performed during the preceding month, which statement shall be certified by the oath of such chairman, and upon approval of the board he shall be paid therefor from the county treasury in the same manner as other expenses of the county are paid. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2585 Cedartown Standard. Certificate of Publisher. State of Georgia, County of Polk. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, J. W. Stuff who, on oath, deposes and says that he is the B. M. of the Cedartown Standard, which is the official organ of Polk County, Georgia, and that the attached advertisement of notice of intent to introduce local legislation was published in said paper on January 11, 18 and 25, 1957. /s/ J. W. Stuff, Business Manager. Sworn to and subscribed before me this 28 day of Jan., 1957. /s/ Mrs. Herbert De Arman, Polk Co., Georgia, Notary Public. My Commission expires Feb. 7, 1957. (Seal). Notice of Intent to Introduce Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January, 1957, session of the General Assembly of Georgia, An Act to provide that the chairman of the board of commissioners of roads and revenues of Polk County shall receive the sum of one dollar and fifty cents per day travel expenses for actual travel performed in the discharge of duties imposed by law on said chairman, and for other purposes. 11, Jan. 11, 18, 25. Approved March 5, 1957. Page 2586 COBB COUNTYCOURTHOUSE AND JAIL. No. 208 (House Bill No. 227). An Act to amend an Act to make permanent the site of the public buildings at the village of Marietta in the County of Cobb, and to incorporate said village, approved December 19, 1834 (Ga. L., 1834, p. 252), as amended, by eliminating the requirement that the courthouse and jail of said county be located in a specified lot; to authorize the governing authority of the County of Cobb to locate the courthouse and jail at such site within the City of Marietta as such governing authority may determine; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to make permanent the site of the public buildings at the village of Marietta in the County of Cobb, and to incorporate said village, approved December 19, 1834 (Ga. L., 1834, p. 252), as amended, is amended by striking from section 1 thereof, the words and the same are hereby declared and required to be permanently located upon lot number twelve hundred and eighteen, in the sixteenth district and second section in said county, as surveyed originally in the territory lately acquired from the Cherokee nation of Indians, and at a place now known as the town of Marietta. and by adding to section 1 thereof the words located within the City of Marietta, the county site, at such location as the governing authority may determine. so that said section 1, as amended hereby, shall read as follows: Site of courthouse and jail. That the courthouse and jail of said County of Cobb be located within the City of Marietta, the county site, at such location as the governing authority of said county may determine. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2587 Affidavit of Publication. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Margaret H. Smith, comptroller for the, publisher of the Marietta Daily Journal, who deposes and says that the following is a true and correct copy of a notice of intention to apply for passage of a local bill or bills, to change the location of the courthouse and jail of the County of Cobb, in the City of Marietta; to authorize the building of a new courthouse and jail for the County of Cobb in the City of Marietta; to authorize an issuance of bonds to provide for the construction of the new courthouse and jail pursuant to an election held for that purpose; and for other purposes, which notice was published in the Marietta Daily Journal on the following dates: December 14th, December 21st and December 28th, 1956. Notice of Intention to Introduce Local Legislation. `Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill or bills to move the Cobb County courthouse from its present location to another location in the City of Marietta, Cobb County, Georgia; to amend the necessary acts incident thereto; to provide for the financing of a new courthouse by the issuance of bonds; to provide for a referendum; to authorize the governing authority of Cobb County, Georgia, to do all necessary things and make all necessary contracts for the erection of a new courthouse, including the right to acquire the necessary property, materials and labor for the location and construction of said courthouse, and for other purposes. This 12th day of December, 1956. Eugene W. Holcombe, Fred D. Bentley, Harold S. Willingham, Raymond M. Reed' Page 2588 Deponent further says that the Marietta Daily Journal is a newspaper of general circulation in Cobb County, Georgia, is published weekly, and was at the time of said publications the newspaper in which the sheriff's notices for the county were published for the calendar year 1956. This 22nd day of January, 1957. /s/Margaret H. Smith, Comptroller. /s/ Brooks P. Smith, Publisher, Marietta Daily Journal. By: Margaret H. Smith, Comptroller. Sworn to and subscribed before me this 22nd day of January, 1957. /s/ Yvonne Harrison, Notary Public, Cobb County, Georgia. (Seal). Approved March 5, 1957. CITY OF MOULTRIE CHARTER AMENDED. No. 209 (House Bill No. 498). An Act to amend an 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 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, rules or regulation of the former corporation nor any contract made or right Page 2589 acquired under the same shall be affected by this Act: and for other purposes, approved March 3, 1943, by providing for voting by mail, 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 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 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, be and the same is hereby amended as follows: Section 1. Any registered voter, when required to be absent from the City of Moultrie or who, because of physical disability will be unable to vote in person, may vote by mail in all elections held in the City of Moultrie, provided that he or some member of his immediate family,viz., husband or wife, father or mother, sister or brother or son or daughtershall give notice in writing of such intention to registrars or the clerk of the City of Moultrie, not less than 10 days nor more than 60 days prior to the election in which he may desire to participate. The clerk shall promptly deliver all applications made to him to a registrar. Absentee ballots, application. Section 2. Said voter shall accompany said application with postage, or the correct amount in legal tender necessary for the return to him of a blank ballot, and full instructions as to the marking the said ballot and its proper return to the said registrars. If the voter is making said application for a ballot because of physical disability, there shall also be enclosed a certified statement from a licensed physician to the effect that such voter will be unable to vote in person because of said physical disability. Same. Page 2590 Section 3. The registrar, upon receipt of the application for ballot, shall satisfy himself that the applicant is duly qualified to vote in the election for which said application is made, and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for that purpose, and make out the certificate and coupon attached, as hereinafter provided, and forward the same to the applicant at least nine days prior to the date of holding said election, by mail, general delivery, and shall also enclose in said letter: Same, registrar's duties. (a) An envelope containing the folded ballot, sealed and marked ballot within. (b) An envelope, for resealing the marked ballot, form of which is hereinafter provided, and called voucher. (c) A properly addressed envelope for the return of said ballot. (d) A printed slip, giving full instruction regarding the manner of marking the ballot, in order that the same may be counted, and the manner of preparing and returning the same, which printed slip shall be provided the registrars by the clerk of the City of Moultrie. Section 4. Upon receipt of the letter, forwarding by the registrars, the applicant shall open the sealed envelope marked ballot within in the presence of the postmaster or his assistant, or any person qualified under the law to attest deeds, who shall mail the same in return. The voter shall mark and refold the ballot without assistance and shall not disclose the manner in which it has been marked, except in case of physical disability, shall seal and sign the voucher, the postmaster or assistant, or any person qualified under the law to attest deeds signing as witness to said voucher. Directions to voter. Name..... Color..... Height..... Color of Hair..... Page 2591 Color of eyes..... Weight (estimated)..... Birthplace given by voter..... Occupation..... State and county where voter claimed to have last voted..... County..... State..... To the best of my knowledge, the above information is correct and the applicant has complied with the requirements of the law as above provided. I have no knowledge whatever of the marking, erasures or intent of the ballot enclosed. (If the voter received assistance because of physical disability, strike this last sentence and insert the following: I assisted the voter because of physical disability) (Signed)..... (Postmaster, his assistant, or any person qualified under the law to attest deeds). In the Army and Navy a commissioned officer, commanding officer, or commissioned representative, shall sign the foregoing in lieu of the postmaster, or any other person qualified under the law to attest deeds. In territory without the jurisdiction of the United States the consular officer shall sign the certificate. Section 5. The voucher shall be on the back of the return envelope containing the marked ballot, and shall be as follows: This is to certify that the enclosed ballot was received by me from the registrars of the City of Moultrie, State of Georgia. The envelope marked `ballot within' was opened by me in the presence of (postmaster, or any person qualified under the law to attest deeds, consul or commissioned officer), of the....., marked while in the office, without assistance or knowledge on the part of any one as to manner in which same Page 2592 was prepared, and then and there sealed as provided by law. Witness. (Signed)..... Teste: ..... Date....., 19..... If the voter, because of physical disability, received assistance the person who serves as witness may fill in the blanks and sign for the voter, making a notation of the reason for such act. Section 6. It shall be the duty of the clerk of the City of Moultrie, at the expense of said city, to furnish the registrars of said city at least 15 days prior to the date fixed for the holding of said election with a sufficient number of blank ballots, each properly sealed in an envelope marked ballot within, and take the receipt for same. Within 3 days subsequent to the election, the registrars shall return to the clerk of the City of Moultrie all unused ballots in their original sealed envelope and a list of the voters who have been furnished ballots as provided in this Act. City to pay for ballots and furnish to registrars. Section 7. All ballots furnished by the clerk to the registrars under the provisions of this Act shall be printed and prepared in pads with a series number different from that used in the election for voters who vote in person, and with the words Absentee Voter's Ballot written thereon at the top of said pad or pads, and each ballot shall have attached at the top thereof a number strip which may be easily detached, and each number strip shall have attached at the top thereof a stub which may be easily detached and the same designation and number shall be printed upon the stub and the number strip, as provided for ballots in State and county elections. Ballots. Section 8. Upon the receipt of the returned ballot from the voter, the registrars shall, opposite the name of Page 2593 the voter on a book prepared for the absentee voter's list, write in ink the words Deposited in sealed box by me on..... 19..... and then add his own signature, and shall deposit the envelope containing the ballot, unopened, in the sealed box to be provided for this purpose, and there it shall remain until the day of the election. The coupon enclosed with the return ballots shall be filed with the letter of application. The returned envelope shall show the series number and letter of the ballot deposited therein. Disposition of ballots by registrar. Section 9. On the day of the election the registrars shall deliver the box containing the sealed ballots, together with the letters of application, and returned coupons attached, with a list of the same in triplicate, sealed, to the manager of the election, and shall take receipt for said box and sealed papers. The registrars shall also deliver to the managers the pad or pads with stubs showing series letter and number of ballots furnished, and no ballot shall be counted unless the series letter and number on the stub shall correspond with the series letter and number on the number strip of the ballot contained in the envelope returned by the absent voter. Same. Section 10. At the close of the regular balloting, the box shall be opened by the managers of the election and the ballots deposited in the regular ballot box as follows: As each envelope is being removed from the box, the name of the voter shall be called and checked as if the voter were voting in person. If found entitled to cast his vote, the envelope shall then, but not until then be opened and the number strip shall be detached from the ballot and the ballot deposited in the regular box without examining or unfolding it and the number strip deposited in the box provided therefor. Absentee votes, how counted. Section 11. When all the ballots shall have been accounted for and either voted or rejected, the empty envelopes that previously contained the sealed ballots shall be returned to the original box together with the sealed package of letters of application and coupons, and Page 2594 the rejected envelopes, if any, on which, or on a paper attached thereto, shall be plainly written the cause of the rejection, signed by a majority of the managers of the election. The box shall thereupon be resealed and delivered to the ordinary of Colquitt County, Georgia, along with the other ballots, voter's list, etc. now required by the city charter to be delivered to said ordinary. Same. Section 12. Be it further enacted that all laws and parts of laws in conflict herewith be, and the same are, hereby repealed. Notice. Notice is hereby given of intention to apply for passage of local legislation at the next session of the General Assembly of Georgia to amend an Act creating and establishing a new charter for the City of Moultrie approved March 3, 1943, and acts amendatory thereof. This December 20, 1956. 3 Jan. 4 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, David L. Newton, who, on oath, deposes and says that he is representative from Colquitt County, and that the attached copy of notice of intention to introduce local legislation was published in the Moultrie Weekly Observer which is the official organ of said county, on the following dates: December 21, 1956, December 28, 1956 and January 4, 1957. /s/ David L. Newton, Representative, Colquitt County. Page 2595 Sworn to and subscribed before me this 11 day of February 1957. /s/ Carroll Hawkins, Notary Public. Approved March 5, 1957. CITY OF ALBANY CHARTER AMENDED. No. 210 (House Bill No. 455). 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 February 21, 1951 (Ga. L. 1951, p. 3291), so as to extend the present corporate limits of said city to include therein certain territory in the County of Dougherty contiguous and adjacent to and north, south, east and west thereof; defining the boundaries of said 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 for voters in said referendum and providing for the declaration of the results thereof; providing for the date that said proposed territory shall be included in the corporate limits of the City of Albany; 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 the purposes of taxation so that taxation may become effective upon said property 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 to govern properly said territory immediately upon its actual inclusion within the corporate limits of said city; to provide for the voting Page 2596 qualifications of the residents of the territory annexed in all city elections held during the year 1957; providing that such residents shall be eligible for nomination and election to the commission of the City of Albany for any term beginning in January, 1958, and thereafter and defining the percentage of the votes within the city and also the percentage of the votes within the affected territory necessary to the ratification of said Act; to provide for the exemption from city taxation all livestock, and such farm implements as are actually in use for agricultural purposes; to establish a maximum value at which farm land will be assessed by city authorities for ad valorem tax purposes, as follows: land within 500 feet of public road a value of $25.00 per acre, and land over 500 feet from public road, $5.00 per acre and swamp land at.50 per acre; 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. 370), as amended, particularly by an Act approved February 21, 1951 (Ga. L. 1951, p. 3291), is hereby amended by adding a new section to be numbered section 2-A to read as follows: Section 2-A. The present corporate limits of the City of Albany, 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 Dougherty contiguous and adjacent to and north, south, east, 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 Dougherty County, Georgia, and being more particularly described as follows: Beginning at a point on the Lee-Dougherty County line 500 feet west of the west line of land lot number 3 in the second land district, Dougherty County, Georgia; Page 2597 thence south parallel to and 500 feet west of the west line of land lots number 3, 38, 43, 78 and 83, to a point 500 feet south of the north line of land lot number 84 in the second land district, Dougherty County, Georgia; thence east parallel to and 500 feet south of the south line of land lots number 77, 78, 79 and 80 to a point 500 feet west of the east line of land lot number 81, second land district, Dougherty County, Georgia; thence south parallel to and 500 feet west of the east line of land lots number 81, 120, 121, 160, 200, 201, 240 and 241, second land district, Dougherty County Georgia, to a point on a line 500 feet south of and parallel to the north line of land lot number 421 of the first land district, Dougherty County, Georgia, projected west; thence east along said line 500 feet south of and parallel to the north line of land lots numbers 421, 396, 381, 356, 341, 316, and said line projected east to a point 500 feet east of the west line of land lot number 169, first land district, Dougherty County, Georgia; thence north, 500 feet east of and parallel to the west line of land lots numbers 169, 168, 167 and 166, to the south boundary of U. S. Marine Corps Depot of Supply property; thence west along the south boundary of the U. S. Marine Corps Depot of Supply property to the southwest corner of the property of the U. S. Marine Corps Depot of Supply; thence north along west boundary of the property of the U. S. Marine Corps Depot of Supply to the south right-of-way line of the Atlantic Coast Line Railroad; thence easterly along the south right-of-way line of the Atlantic Coast Line Railroad to a point 500 feet east of the west line of land lot number 113, first land district, Dougherty County, Georgia; thence north 500 feet east of and parallel to the west line of land lots numbers 113, 114, 115, 116, 117 and 118, to a point 500 feet north of the north line of land lot number 117, first land district, Dougherty County, Georgia; thence west 500 feet north of and parallel to the north line of land lots numbers 117, 123, and 156, to the east right-of-way of a hundred foot roadway, same being a point on the east boundary of Turner Air Force Base; thence south along the east right-of-way line of the above described roadway to the north right-of-way Page 2598 line of State highway number 257; thence south-westerly along the north right-of-way line of State highway number 257 to the north right-of-way line of Thomas Avenue; thence west along the north right-of-way line of Thomas Avenue to the east line of land lot number 200, first land district, Dougherty County, Georgia; thence north along the east line of land lots number 200, 199, 198, 197, and the same line projected north to the Lee-Dougherty County Line; thence west along the Lee-Dougherty County Line to the point of beginning. Corporate limits. Section 2. Effective date. 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 vote by both the city and the territory proposed to be annexed favoring such annexation, and upon such favorable vote, the inclusion of said territory within the corporate limits of the City of Albany shall be effective at 12:01 a. m., December 31, 1957. Section 3. Contiguous territory referendum. The Ordinary of Dougherty 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. The ordinary shall provide such polling places for voters in said territory as the ordinary may deem necessary and convenient for the voters therein. She shall appoint such managers for such ballot boxes at such polling places as she 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 Page 2599 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 an election for members of the General Assembly. Section 5. Territorial voters' lists and oaths. 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, she 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 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 list 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. The commission of the City of Albany, 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 Page 2600 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 six months prior to the election, shall be qualified to vote in said election. Section 8. Time of elections. The two elections herein provided for shall be held within six months following the approval of this Act on a date to be decided by the ordinary and the commission of said city. 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 Dougherty County are published. The ordinary shall issue her 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, 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 (Ga. L. 1943, pp. 290, 291). The ballot shall show the purpose of the Page 2601 elections by general reference to this Act, and shall have plainly printed thereon the words For annexation and Against annexation. Voters favoring the annexation shall strike from the ballot the words Against annexation and voters opposing annexation shall strike from the ballots the words For annexation. Section 10. Certification of the city and territory elections; separate consideration of balloting; proclamation of results; effective date; record. The managers of the election held in the City of Albany shall at noon of the day following said election or as soon thereafter as practicable, certify to the commission of the City of Albany at a regular or special meeting, the result of said election inside the city. The ordinary of Dougherty County shall at the same meeting certify the result of the said election in the territory proposed to be annexed. Each election shall be considered separately and if it shall appear that a majority of the votes cast in each election favor the annexation, then the ordinary and the mayor shall make a joint proclamation of such results, and thereupon the corporate limits of the City of Albany shall be extended on December 31, 1957, so as to include the territory hereinbefore described, and said territory shall, on December 31, 1957, become a part of the said City of Albany and subject to all the laws and ordinances governing the same. The result of the elections and the proclamation shall be entered on the minutes of the commission of said city and on the minutes of the Court of Ordinary of Dougherty County. Section 11. Territorial voters qualified for city elections before annexation. If the 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 Albany, as well as any special election, held during the year 1957, 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 Page 2602 and conditions, as to residence, registration and otherwise, as if said territory were on the days of said primary, general and 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 Albany for any term beginning in January of 1958, length of residence and qualifications as a voter in said annexed territory immediately preceding December 31, 1957, 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. The entire 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 Albany. 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. 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. If the 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 Page 2603 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. Said Act is further amended by adding to the end of section 27 a new sub-paragraph to read as follows: All livestock and also such farm machinery and equipment as is actually in use in connection with agricultural operations, shall be exempt from ad valorem taxation. Provided, further, that farm lands shall be classified for ad valorem taxation by the city authorities as follows: Farm lands within 500 feet of a public road shall not be assessed at a value in excess of $25.00 per acre; farm lands more than 500 feet removed from a public road, not in excess of $5.00 per acre; and lands classified as swamp area shall not be assessed at a value not in excess of 50 per acre. Tax assessments on farm lands. Section 16. Repeal of conflicting laws. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Advertisement. Notice. Notice is hereby given that there will be introduced in the 1957 session of the General Assembly of Georgia, for passage the following bill: A Bill. To be entitled an Act to amend an Act creating a new charter for the City of Albany, approved August 18, 1923 Page 2604 (Ga. L. 1923, p. 370), so as to extend the present corporate limits of said city to include therein certain territory in the County of Dougherty contiguous and adjacent to and north, south, east and west thereof, defining the boundaries of said 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 for voters in said referendum and providing for the declaration of the results thereof; providing for the date that said proposed territory shall be included in the corporate limits of the City of Albany; 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 the purposes of taxation so that taxation may become effective upon said property 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 to govern properly said territory immediately upon its actual inclusion within the corporate limits of said city; to provide for the voting qualifications of the residents of the territory annexed in all city elections held during the year 1957; providing that such residents shall be eligible for nomination and election to the commission of the City of Albany for any term beginning in January, 1958, and thereafter and defining the percentage of the votes within the city and also the percentage of the votes within the affected territory necessary to the ratification of said Act; to provide for the exemption from city taxation all livestock, and such farm implements as are actually in use for agricultural purposes; to establish a maximum value at which farm land will be assessed by city authorities for ad valorem tax purposes, as follows: land within 500 feet of public road a value of $25.00 per acre, and land over 500 feet from public road, $5.00 per acre and swamp land at 50 per acre; to repeal conflicting laws; and for other purposes. Page 2605 This notice is given in compliance with Article III, Section VII, Paragraph XV (Code Section 2-1915) of the Constitution of Georgia of 1945. This 10th day of January, 1957. George D. Busbee, A. W. Holloway, Representatives. Asa D. Kelley, Jr., Senator, Tenth District. January 11, 18 and 25th. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is representative 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: January 11, 18, and 25th. /s/ George D. Busbee, Representative, Dougherty County. Sworn to and subscribed before me this 11th day of February, 1957. /s/ Sara T. Goode, Notary Public, Georgia, State at Large. My Commission Expires April 11, 1959. Notarial Seal Affixed. Approved March 5, 1957. Page 2606 MARION COUNTY COMMISSIONERS. No. 211 (House Bill No. 302). An Act to amend an Act creating a board of commissioners of roads and revenues for the County of Marion, approved February 21, 1951 (Ga. L. 1951, p. 2880), so as to provide that the county commissioners of Marion County shall be elected by the voters of the entire 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 Marion, approved February 21, 1951 (Ga. L. 1951, p. 2880), is hereby amended by striking in its entirety section 2 and inserting in lieu thereof a new section 2, to read as follows: Section 2. At the general State election to be held in said county in 1960, the members of said board shall be elected by a majority of the qualified voters of the entire county voting in an election for that purpose. There shall be, however, a member of the board from each of the commissioner districts as hereinafter provided for. The terms of the members of the board shall be for four years, beginning January 1, 1961. Their successors shall be elected at the general State election every four years thereafter by a majority vote of the qualified voters of the entire county voting in such commissioners' election. Election of commissioners. Section 2. Said Act is further amended by striking from section 10 the last sentence, as follows: Each district shall be represented on said board by one commissioner who is a resident of said district and shall be voted on by the voters of said district. Election from districts. so that when so amended, section 10 shall read as follows: Page 2607 Section 10. Marion County is hereby divided into three commissioner's districts. One district being composed of militia districts Pine Knot, Fort Perry, and Tazewell, and shall be known as the northern district; one district being composed of militia districts Buena Vista and Red Bone, the latter being referred to as Brantley, and shall be known as the middle district; and one district to be composed of militia districts Doyle, Darnesville and Kinchafoonee, the latter referred to as Pineville, and shall be known as the southern district. 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 pursuant to the recommendations of the last grand jury of Marion County, it is my intention to introduce at the 1957 session of the General Assembly of Georgia a bill to provide that the commissioners of Marion County shall be elected by the voters of the entire county; and for other purposes. This 8 day of January, 1957. Eldridge W. Perry, Representative, Marion County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Eldridge W. Perry, who, on oath, deposes and says that he is representative from Marion County, and that the attached copy of notice of intention to introduce local legislation was published in the Marion County Patriot which is the official organ of said county, on the following dates: January 10, 17 and 24th, 1957. /s/ Eldridge W. Perry, Representative, Marion County. Page 2608 Sworn to and subscribed before me this 4 day of Feb., 1957. /s/Eloise M. Hodges, Notary Public. Notary Public, Georgia State at Large. My Commission Expires April 13, 1960. Notarial Seal Affixed. Approved March 5, 1957. CITY OF FORT GAINES CHARTER AMENDED. No. 212 (House Bill No. 343). An Act to amend an Act creating a new charter for the City of Fort Gaines, approved August 12, 1914 (Ga. L. 1914, p. 836), so as to authorize said city to assess abutting property and property served by extending water lines for the cost of such extensions; 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 creating a new charter for the City of Fort Gaines, approved August 12, 1914 (Ga. L. 1914, p. 836), is hereby amended by adding a new section to be numbered section 60 to read: Section 60. The City of Fort Gaines is authorized to assess abutting property and property served for the cost of extending water lines. Said city shall provide an equitable means of apportioning the cost of such extensions among the abutting property owners and those persons served by the extension. Abutting property shall be assessed on the basis of lineal foot frontage at an equal rate per foot of such frontage to the pro rata cost of such extension. Property served by such extensions and not abutting shall be assessed on an equitable basis to be prescribed by said city. Extending water lines, assessment of costs. Page 2609 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 1957 session of the General Assembly of Georgia, a bill to authorize the City of Fort Gaines to assess abutting property and property served by extended water lines for the cost of such extensions; and for other purposes. This 17th day of December, 1956. J. P. Neese, Representative-Elect, Clay County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. P. Neese, 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 3, 10 17, 1957. /s/ J. P. Neese, Representative, Clay County. Sworn to and subscribed before me this 5 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 5, 1957. Page 2610 CITY OF CORNELIA CHARTER AMENDED. No. 213 (Senate Bill No. 69). An Act to amend an Act entitled An Act to incorporate the town of Cornelia in the county of Habersham and to grant election powers and privileges to the same; and for other purposes., approved October 22, 1887 (Ga. L. 1887, p. 571), as amended, so as to change the corporate limits of said town; 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 Cornelia in the county of Habersham and to grant election powers and privileges to the same; and for other purposes., approved October 22, 1887 (Ga. L. 1887, p. 571), as amended, is hereby amended by striking from section 1 the words with the corporate limits of said town extending three-fourths of one mile in every direction from the depot of the Atlanta and Charlotte Division of the Richmond and Danville Railroad Company in said town. Section 2. Said Act, as amended, is further amended by adding a new section, to be numbered section 1-A, to read: Corporate limits. Section 1-A. The corporate limits of the City of Cornelia shall include all of that area embraced in the following description: Beginning at a point on the original land lot line common to land lot number 182 and 183 of the 10th land district of Habersham County, Georgia, exactly three-quarters of a mile in a generally southeasterly direction from the iron pin at the southwest corner of the monument to the Big Red Apple situated on the depot yard of the Southern Railway Company in the City of Cornelia; thence on an arc in a generally northeasterly direction at all points three-quarters of a mile from said iron pin Page 2611 first above mentioned until said arc intersects with the original land lot line common to land lots numbers 182 and 173 of said 10th land district; thence along said original line common to land lots numbers 182 and 173 of said 10th land district in a northeasterly direction 1600 feet, more or less, until said original land lot line intersects with the corporate limits of the Town of Mt. Airy, Georgia; thence along the present corporate limits of the Town of Mt. Airy, Georgia, in a generally northerly direction until same intersects with the center line of the old right-of-way of the Atlanta and Charlotte Airline Railroad; thence along the center of the old right-of-way of the Atlanta and Charlotte Airline Railroad Company in a generally westerly direction until same reaches a point three-quarters of a mile from the iron pin first above mentioned; thence on an arc in a generally northwesterly direction at all points three-quarters of a mile from the iron pin first above mentioned until said arc strikes the easterly right-of-way line of the Tallulah Falls Railway Company; thence along the eastern right-of-way line of the Tallulah Falls Railway Company 100 feet to corner; thence in a westerly direction to corner on the easterly right-of-way line of State Highway No. 15 (U. S. Highways Nos. 23 and 441), the same being the most southwesterly corner of the property now occupied by the Builders Lumber and Supply Company; thence along the easterly right-of-way line of said highways 200 feet to corner; thence crossing said highway in a westerly direction to corner with lands of W. V. Grant and Henry Burrell; thence in a westerly direction 200 feet along the northerly line of W. V. Grant property to corner; thence at right angles and in a southerly direction to a point three-quarters of one mile from the iron pin first above mentioned; thence on an arc in a generally westerly direction at all points three-quarters of one mile from the iron pin first above mentioned until said arc intersects with the easterly properly line of the board of education of Habersham County, Georgia, the same being the property now occupied by South Habersham High School; thence along the easterly line of said school property 250 feet, more or Page 2612 less, to iron pin corner, the same being the most northeasterly corner of said school property; thence along the northerly boundary line of said school property in a westerly direction to corner in the center of Cleveland Road or Street; thence continuing in a straight line across Cleveland Road or Street to corner with lands of Paul Carpenter on the western right-of-way line of said Cleveland Road or Street; thence along the western right-of-way of Cleveland Road or Street in a generally southeasterly direction 200 feet, more or less, to corner with lot number 21 of block B of the Mount View subdivision according to survey and plat made by E. Philbrick in March, 1926, and recorded in the office of the clerk of the Superior Court of Habersham County, Georgia, in plat book 1, page 258; thence in a generally westerly direction with lands of Paul Carpenter 330 feet, more or less, to corner with lot number 12 of block B of said subdivision; thence in a generally northwesterly direction 132 feet to corner of twenty-foot alley with lot number 11 of said subdivision; thence south 59 degrees west 500 feet, more or less, to corner on the western boundary line of Hoyt Street; thence along the western right-of-way line of Hoyt Street in a southeasterly direction until same strikes the most northeasterly corner of lot number 4 of Yonah View Homesites subdivision according to the survey and plat of John F. Carey; thence south 55 degrees west 140 feet to corner with lot number 17 of Yonah View Homesites subdivision; thence north 30 degrees 30 minutes west 50 feet to corner common to lots numbers 20, 17, 2, and 3 of Yonah View Homesites subdivision; thence south 55 degrees 20 minutes west 550 feet to corner of the western right-of-way of Burrell Street; thence south 55 degrees 20 minutes West 1,750 feet to corner in center of Little Mud Creek; thence up the meanderings of said creek in a generally northeasterly direction until same reaches a point three-quarters of one mile from the iron pin corner first above mentioned; thence on an arc in a generally southerly direction at all points three-quarters of one mile from said iron pin first above mentioned to a point 200 feet northerly from the center of Level Grove Street; Page 2613 thence in a generally westerly and northerly direction parallel to and at all points 200 feet distant from the center of Level Grove Street 3,875 feet, more or less, to corner in center of Foster Road with lands of Mrs. E. S. Hogsed; thence in an easterly direction along the center of Foster Road to a point in said road 300 feet from the center of Level Grove Road; thence in a generally northerly direction parallel to and at all points 300 feet distant from the center of Level Grove Road 700 feet, more or less, to corner on the northern right-of-way line of the Georgia Power Company right-of-way for its electric transmission lines; thence in a generally southwesterly direction along the northern right-of-way line of the Georgia Power Company property to corner in center of Level Grove Street; thence along the center of Level Grove Street in a generally westerly direction 650 feet to corner in center of said street; thence at right angles and in a southwesterly direction 200 feet to corner; thence in a generally southeasterly direction parallel to and at all points 200 feet from the center of Level Grove Street to intersection with the property now occupied by Level Grove Cemetery; thence at right angles and in a westerly direction 200 feet, more or less, to corner on the easterly right-of-way of the public road leading from Level Grove Church through Level Grove Cemetery; thence along the outside right-of-way of said public road in a generally northerly, westerly, and southerly direction until said road intersects with the most westerly line of the Cecil N. Dillard addition to Level Grove Cemetery; thence along the westerly line of the Cecil N. Dillard addition to Level Grove Cemetery and continuing in a straight line until it reaches a pont 200 feet northerly from the center of the Level Grove-Alto paved public road; thence in a westerly direction parallel to and at all points 200 feet from the center of the Alto and Level Grove public road 500 feet to corner; thence at right angles and in a southeasterly direction 200 feet to corner in center of the Level Grove and Alto public road; thence in a westerly direction along the center of the Level Grove and Alto public road 500 feet to corner in center of said public road; thence at right angles and in a southerly direction 200 feet to corner; thence in a northeasterly direction parallel to and at all points 200 feet from the center of the Level Grove and Alto public road to corner at a point 200 feet from the center of the Level Grove public road; thence in a southeasterly direction parallel to and at all points 200 feet from the center of the Level Grove public road to corner 200 feet from the public road leading from the Level Grove public road to Baldwin; thence in a southwesterly direction parallel to and at all points 200 feet from the center of the public road leading from the Level Grove public road to Baldwin 1,375 feet to corner; thence at right angles and in a southeasterly direction 400 feet to corner 200 feet from the center of the public road leading from the Level Grove public road to Baldwin; thence in a northeasterly direction parallel to and at all points 200 feet from the center of the public road leading from the Level Grove public road to Baldwin to corner 200 feet from the intersection of the center of the public road leading from the Level Grove public roads to Baldwin with Level Grove public road; thence in an easterly direction parallel to and at all points 200 feet from the center of the Level Grove public road to corner 200 feet from Williams Street; thence at right Page 2614 angles and in a southerly direction 475 feet to corner; thence at right angles and in an easterly direction 325 feet, more or less, to a point three-quarters of one mile from the iron pin corner first above mentioned; thence on an arc at all points three-quarters of one mile from said iron pin first above mentioned at the southwest corner of the monument to the Big Red Apple on the depot yard in Cornelia, Georgia, in a generally southeasterly and easterly direction to where said arc intersects with the original land lot line common to land lots number 182 and 183 of the 10th land district of Habersham County, Georgia, the point of beginning. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. Page 2615 CITY COURT OF SYLVANIASALARY OF JUDGE AND SOLICITOR. No. 214 (Senate Bill No. 75). An Act to amend an Act creating the City Court of Sylvania, approved December 15, 1902 (Ga. L. 1902, p. 162, as amended, particularly by Acts approved August 18, 1913 (Ga. L. 1913, p. 291), July 31, 1929 (Ga. L. 1929, p. 481), and February 17, 1949 (Ga. L. 1949, p. 904), so as to change the salaries of the judge and solicitor of said court; to repeal conflicting laws; and for other other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Sylvania, approved December 15, 1902 (Ga. L. 1902, p. 162), as amended, particularly by Acts approved August 18, 1913 (Ga. L. 1913, p. 291), July 31, 1929 (Ga. L. 1929, p. 481), and February 17, 1949 (Ga. L. 1949, p. 904), is hereby amended by increasing the salary of the judge of said court from the sum of two thousand four hundred dollars ($2,400) per year as stipulated in section 3 of an amendment approved February 17, 1949 (Ga. L. 1949, p. 904), to the sum of three thousand dollars ($3,000) per year, payable monthly. Section 2. Said Act is further amended by increasing the salary of the solicitor of the City Court of Sylvania from the sum of one thousand eight hundred dollars ($1,800) per year as stipulated in section 4 of an amendment approved February 17, 1949 (Ga. L. 1949, p. 904), to the sum of two thousand four hundred ($2,400) per year, payable monthly. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 5, 1957. Page 2616 CITY OF LAFAYETTE CHARTER AMENDED. No. 215 (Senate Bill No. 93). An Act to amend an Act entitled An Act to amend, codify and consolidate the various Acts incorporating and amending the incorporation of the city of LaFayette in the county of Walker and to extend and define the corporate limits thereof; to provide for sanitation and sewerage of said city, and for the general welfare of its residents and for other purposes, approved August 17, 1914 (Ga. L. 1914, p. 936), as amended, particularly by an Act approved February 8, 1945 (Ga. L. 1945, p. 567), so as to extend the corporate limits of the City of LaFayette; to designate the wards of the extended area; 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 amend, codify and consolidate the various Acts incorporating and amending the incorporation of the city of LaFayette in the county of Walker and to extend and define the corporate limits thereof; to provide for sanitation and sewerage of said city, and for the general welfare of its residents and for other purposes. approved August 17, 1914 (Ga. L. 1914, p. 936), as amended particularly by an Act approved February 8, 1945 (Ga. L. 1945, p. 567), is hereby amended by adding a new section to be numbered section 2-A to read: 2-A. The corporate limits of the City of LaFayette are hereby extended, so as to include the following described property, to wit: Corporate limits. All that tract or parcel of land lying and being in the 7th district and 4th section of Walker County, Georgia, and being a part of lots of land No. 25, 48 and 61 in said district and section being more particularly described as follows: Page 2617 Beginning at a point at the intersection of the west original line of lot of land No. 61 with the north line of State route No. 143, commonly known as the LaFayette-Dalton Highway; thence in a southeasterly direction along and with the north line of said State route No. 143 a distance of 760 feet to a point on the north line of said State route No. 143 where the east line of a 40 foot road, which leads into the Skyline Heights subdivision, intersects said State route No. 143; thence north-easterly along and with the east line of said 40 foot road a distance of 840 feet to a point; thence north 80 feet to the north line of lot of land No. 61; thence continuing north into lot of land No. 48 a distance of 300 feet to a point; thence east 515 feet to a point; thence north 327 feet to a point; thence east 188 feet to the east boundary line of Skyline Heights subdivision; thence north 1 degree 15 minutes west a distance of 2010 feet to the north boundary line of lot of land No. 48; thence continuing north 1 degree 15 minutes west into lot of land No. 25 a distance of 972 feet to an iron stake in the north boundary line of the lands of James Wardlaw; thence west a distance of 605 feet to a pin; thence south 27 degrees and 00 minutes west a distance of 893 feet to the north line of lot of land No. 48; thence south 15 degrees and 00 minutes west a distance of 1376 feet to an iron pin; thence south 88 degrees 45 minutes west a distance of 770 feet to the west line of lot of land No. 48; thence south 1 degree 15 minutes east a distance of 1305 feet to the southwest corner of lot of land No. 48; thence south 1 degree 15 minutes east a distance of 470 feet to the point of beginning. All that portion of the above described property which lies north of the Georgia Power tower line shall be in ward one of the City of LaFayette, Georgia, and all that portion of the above described property which lies south of said Georgia Power Tower line shall be in ward two of the City of LaFayette, Georgia. Said Georgia Power Tower line intersects the west original line of lot of land No. 48 at a point 1200 feet north of the southwest corner of said lot of land No. 48 and extends Page 2618 north 89 degrees 30 minutes east a distance of 2150 feet to the east line of the Skyline Heights subdivision. 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 5, 1957. CORONERS' FEES IN CERTAIN COUNTIES. No. 218 (House Bill No. 222). An Act to provide that in certain counties the coroner will be paid a fee for investigating a case where no inquest is held; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties having a population of not less than 12,150 and not more than 12,200, according to the United States Census of 1950, or any future United States Census, the county coroner shall receive a fee of ten dollars ($10) for each investigation of a case where no inquest is held. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1957. CERTAIN COUNTY OFFICERS PLACED ON SALARY IN LIEU OF FEES IN CERTAIN COUNTIES. No. 222 (House Bill No. 586). An Act to change from the fee to the salary system in certain counties in Georgia having a population of not less than 108,000 inhabitants nor more than 114,000 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 commissioner, 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 compensations of county officers, deputies, clerks, assistants and the county attorneys in such counties; to provide for the furnishing the sheriffs in such counties 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 emergency help; to provide for the payment of county officers, deputies, clerk, 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 and tax commissioner 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. Page 2619 Section 1. Be it enacted by the General Assembly of Page 2620 Georgia, and it is hereby enacted by authority of the same, that the provisions of this Act shall apply to all counties in the State of Georgia having, by the United States census of 1950, a population of not less than 108,000 inhabitants or more than 114,000 inhabitants, and to all counties in the State having by any future census of the United States, a population of not less than 108,000 inhabitants or more than 114,000 inhabitants, and on the publication of said census any county not now having said population of 108,000 but by said new census having said population, such county shall immediately automatically pass under the terms of this Act. In all such counties the fee system for compensating the officers herein named shall be abolished except those fees that are paid by the State to the tax commissioners, and the officers herein named shall hereafter be paid salaries as herein provided instead of fees as under the fee system except for the fees to be paid by the State as will be hereinafter provided. Counties in which Act applicable. Section 2. Be it further enacted by the authority aforesaid that in all such counties the salaries of the following officials shall be as follows: (a) Clerk of the superior court, whether ex officio clerk of another court or not, an annual salary of $8,950.00 per annum, payable in equal monthly installments. Salaries in lieu of fees. (b) The sheriff, an annual salary of $8,950.00 per annum, payable in equal monthly installments. (c) The ordinary, an annual salary of $8,950.00 per annum, payable in equal monthly installments. (d) The tax commissioner, an annual salary of $8,950.00 per annum, payable in equal monthly installments. (e) The county treasurer, an annual salary of $8,400.00 per annum, payable in equal monthly installments. Provided, nevertheless, said salaries shall be in full Page 2621 payment of all fees or other emoluments that shall accrue to any and all such officers that would otherwise accrue to them except for this Act, and all fees or other emoluments collected by them or either of them from the State or any public agency by virtue of their respective offices, shall be paid by them into the treasury of the county where such officer or officers hold office. Section 3. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the sheriff's deputies and assistants in all such counties shall consist of the following; all of whom shall be named from time to time by the sheriff and all and each of whom shall serve as such at the will of the sheriff and be discharged by such sheriff without any claim to any unearned salary or salaries; and the salaries of such deputies and assistants shall be fixed by the sheriff from time to time, at an amount not to exceed the following: Sheriff's employees. 1 Chief deputy sheriff $495.00 per month 4 Deputy sheriffs 390.50 per month 1 Bookkeeper cashier 340.30 per month 1 Stenographer file clerk 247.50 per month 3 Deputy sheriffs, each 379.50 per month 3 Matrons 217.00 per month 3 Record clerks 299.50 per month 1 Radio technician deputy sheriff 340.30 per month 5 Radio technicians 299.50 per month 17 Women deputies 60.00 per month 1 Mechanic 332.75 per month 1 Chief deputy and jailer 400.00 per month 1 Deputy sheriff 401.50 per month 1 Radio Technician Deputy Sheriff 306.50 per month 7 Deputy Sheriffs 352.00 per month 12 Deputy Sheriffs 343.00 per month Section 4. Be it further enacted by the authority aforesaid, that the sheriff in all such counties as are described in section 1 of this Act shall be furnished for Page 2622 the exclusive use of his office such automobiles as may be necessary for carrying on the work of his said office, the necessary number of said automobiles so furnished to be in the discretion of the board of county commissioners. The upkeep and repairs of said automobiles shall be paid for out of the county funds, and the county shall furnish all necessary gasoline, oil, and accessories for said automobiles; all in the discretion of and subject to the approval of the county commissioners. Said automobiles are to be used in carrying on the work of the sheriff's office. Automobiles for sheriff's office. Section 5. Be it further enacted by the authority aforesaid, from and after the approval of this Act, the clerk of superior court's deputies and assistants, whether he be an ex officio clerk of another court or not, in all such counties, shall be as follows, and their salaries shall be fixed by the clerk of the superior court from time to time, at an amount not to exceed the following: Employees of the clerk of superior court. 1 Chief deputy clerk $396.00 per month 1 Deputy clerk 390.50 per month 1 Deputy clerk 330.00 per month 2 Minute clerk part bookkeeper 313.50 per month 1 Recording clerk and bookkeeper 335.50 per month 1 Filing clerk and bookkeeper each 308.00 per month 3 Stenographers 280.50 per month 1 Typist 258.50 per month 1 Typist 247.50 per month 1 Typist 220.00 per month 1 Collector 155.00 per month All of whom shall be named from time to time by the clerk of the superior court and all and each of them shall serve at the will of clerk of such court and be discharged by such clerk, without any claim for any unearned salary or salaries. Section 6. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the ordinary's deputies and assistants in all such counties Page 2623 will be as follows and their salaries shall be fixed by the ordinary from time to time, at an amount not to exceed the following: Employees of the ordinary. 1 Clerk of court of ordinary $396.00 per month 1 Deputy clerk-stenographer 330.00 per month 1 Clerk-Stenographer 302.50 per month 2 Typists 275.00 per month All of whom shall be named from time to time by the ordinary of such county and all and each of them shall serve at the will of the ordinary and be discharged by such ordinary, without any claim for any unearned salary or salaries. Section 7. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the tax commissioner deputies and assistants in all such counties will 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: Employees of the tax commissioner. 1 Chief Deputy commissioner $547.00 per month 2 Bookkeeper's Ex Officio Deputy Sheriff's Deputy Clerks 330.00 per month 2 Deputy Commissioners 420.00 per month 1 Deputy Commissioner 378.00 per month 1 Clerk Stenographer 302.50 per month 1 Clerk 269.50 per month 1 Clerk 330.00 per month 1 Clerk and Stenographer 269.50 per month 1 Clerk and Stenographer 247.50 per month All of whom shall be named from time to time by the tax commissioner of such 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 claims for any unearned salary or salaries, except the chief deputy, tax commissioner, whose tenure and retirements benefits where fixed by Acts of the General Assembly, (Ga. L. 1956, p. 2362). Page 2624 Section 8. Be it further enacted by the authority aforesaid, that from and after the approval of this Act, the salary of each member of the board of commissioners of roads and revenues in all such counties shall be $250.00 per month. Board of commissioners. Section 9. The county treasurer shall be entitled to employ one (1) assistant, whose salary shall be paid not more than $335.50 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 claims for any unearned salaries. County treasurer's assistant. Section 10. Be it further enacted by the authority aforesaid, that from and after the approval of this Act the county attorney in all such counties shall be paid a salary of $462.00 per month; and such county attorney shall be construed as an employee of said county in reference to any and all laws governing employees in such counties and deductions from his pay for any county pension law now or hereafter enacted shall be deducted from his salary monthly. County attorney. Section 11. Be it further enacted by the authority aforesaid, that in all counties described in section 1 hereof, the necessary office expense of the officers herein named, as well as all other county officers and employees, 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 each of said officers and employees 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 necessary board or fiscal agent in each month; provided, the counties aforesaid shall only be liable for payment of such items of expense as approved by such board of commissioners, or other fiscal agent; 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, same shall be deducted Page 2625 from any amount or amounts that may be due to the person who has collected the same. No credit shall be taken for any such items unless duly itemized and authorized by said county commissioners or other fiscal agent. Office expenses. Section 12. Be it further enacted by the authority aforesaid, that no county official, deputy assistant and no member of the board of county commissioners of roads and revenues nor any chairman thereof shall be paid from the county treasury any extra compensation, except legitimate expense duly authorized by said board. No other compensation. Section 13. Be it further enacted by the authority aforesaid, that there shall be no obligation upon the clerk, sheriff, tax commissioner, or the ordinary to keep filled all of said positions in their respective offices, when, in their judgment, any such deputy, clerk or assistant may be advantageously dispensed with; and such officials may from time to time fill or fail to fill any such positions. Number of employees. Section 14. Be it further enacted by the authority aforesaid, that in case of emergency arising in any of said offices, that is to say, in the office of the clerk of the superior court, or of the sheriff, or of the ordinary, or tax commissioner, or county treasurer, upon the same being called to the attention of the board of commissioners of roads and revenues of any such county by any of said officers in writing, the said board upon a vote of a majority of such board may authorize such officer 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 of such emergency appointees. All such emergency clerks or deputies shall be paid while lawfully serving as such from the county treasury in the same manner as other salaries are paid; provided, nevertheless, the clerk of the superior court, the sheriff, the tax Page 2626 commissioner, or the ordinary in any such county or the fiscal agent of such county, may request any deputy's clerk's, assistant's or stenographer's superior officer working under one office to be transferred from one office to another at such time or times as said superior officer may deem the service of such deputy, clerk, assistant, or stenographer to be unnecessary in his office from where removed, and during such time that such deptuy, clerk, assistant or stenographer may be working elsewhere under such orders, his or her position shall not be filled in the office from where removed, and as soon as such emergency may cease to exist then said superior officer from where removed may order the return of such deputy, clerk, assistant, or stenographer to his or her original position. Emergency employees. Section 15. Be it further enacted by the authority aforesaid, that it shall be proper and lawful for the treasurer of the county or other custodian or depository of county funds, to pay out of the county funds the monthly portion of such salaries and expenses to each officer and county attorney herein named, together with the salaries fixed for the assistants and deputies and expenses of the office, and it shall be the duty of the sheriff, clerk, ordinary, tax commissioner to disburse the salaries of assistants and deputies and expenses of the office. How salaries disbursed. Section 16. Be it further enacted by the authority aforesaid, that all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind which shall be allowed by law after the approval of this Act, to be received or collected for services rendered after the approval of this Act, by any officer herein named, shall be received and collected by all of said officers and each of them for the sole use of the county in which they are collected and shall be held as public monies 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, under oath, showing such collections and the source from which collected, Page 2627 to the board of commissioners of such county. The fees received for the State by the tax commissioner shall be collected and received by such officers for and on behalf of such counties as are described in section 1 hereof, and immediately upon collection of the same by said officers, the said funds so collected shall be turned over to the county treasurer, or other depository of county funds. Disposition of fees. Section 17. Be it further enacted by the authority aforesaid, that the salaries of the various officials herein fixed shall be their sole compensation, and all fees accruing after the approval of this Act are hereby abolished so far as the same constitutes the compensation of said officers, but the same schedule of fees and costs prescribed under the existing laws shall remain for the purpose of ascertaining the sum or sums to be paid into the treasury of such counties as are described in section 1 hereof. Schedule of fees. Section 18. 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 and fees which may become due and payable after the approval of this Act, in such counties as are described in section 1 hereof, the said counties 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 and fees, and shall be after the approval of this Act, entitled to all funds, monies, or emoluments accruing in said county to any of the officers herein named, after the approval of this Act when orders on the insolvent fund or other judgment of findings entered or approved, as to the distribution of said fund between the various officers, instead of the same being entered and approved in the name of each officer entitled thereto, as under the present 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 Page 2628 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 treasury, of such counties as are described in section 1 hereof, by the officer by whom collected, as herein provided; and all fees collected by the tax commissioners from the State or from any source whatsoever by virtue of their respective offices, shall be paid into the county treasuries and belong to such county or counties. Collection of fees. Section 19. Be it further enacted by the authority aforesaid, that the county police in all such counties as coming within the provisions of this Act are hereby abolished, and all county police work in such counties shall be done by and through the sheriff of said counties and his deputies; and in no such county shall the board of commissioners of roads and revenues establish or maintain any county police in addition to that maintained through the sheriff and his deputies. County police abolished. Section 20. Be it further enacted by the authority aforesaid, that all premiums on bonds or insurance required of the officers, their deputies or assistants, mentioned in this Act, shall be paid by the board of commissioners of roads and revenues or other fiscal agent of said counties. Payment of bond premiums. Section 21. Be it further enacted by the authority aforesaid, the board of commissioners of roads and revenues of any such counties, shall have the right, in case of emergency to authorize pay raises for any of the officers and employees provided for by this Act and shall have the authority to employ additional employees or assistants in any of said offices in such counties and shall have the authority to fix compensation for such additional assistants 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 officers provided for by this Act. Pay increases, emergency employees. Page 2629 Section 22. No other funds except those herein stated shall be appropriated to the clerk, sheriff, tax commissioner, or the ordinary for the purpose of making salary adjustments, unless the board of commissioners or other fiscal agents shall deem it advisable to make other salary adjustments as provided by other provisions of this Act. Pay adjustments. Section 23. Be it further enacted by the authority aforesaid, that all laws or parts of laws in conflict, whether general or special Acts, are hereby repealed, and if any part of this Act should be declared unconstitutional or invalid, it shall not affect the remaining portions thereof. Approved March 7, 1957. LAW LIBRARIES IN CERTAIN COUNTIES. No. 223 (House Bill No. 317). An Act to authorize any counties in this State having a population of not less than 108,000 nor more than 108,900 according to the United States official census for 1950, or any future census, to establish and maintain a law library for the use of the judges, solicitors, and other officers of the courts of said counties; to provide funds for the establishment and maintenance of said libraries; to provide for the management of said libraries, 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 from and after the passage of this Act, the judge, or judges if more than one, of the Superior Court of a circuit in which is located any county in this State having a population of not less than 108,000 Page 2630 and not more than 108,900 according to the United States official census for 1950, or any future census, shall establish and maintain a law library for the use of the judges, solicitors and other officers of the courts of said counties. Counties where applicable. Section 2. For the purpose of providing funds for the establishment and maintenance of such libraries the sum of one dollar ($1.00) in addition to all other legal costs, shall be charged and collected in each suit, action or case, either civil or criminal, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by personal representatives for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of civil or criminal or quasi-criminal nature, filed in the superior, county, city and/or any other court of record except recorders or police courts, in and for said counties, and the clerks of each and every such court in counties in which such a law library shall be established shall collect such fees and remit same to the treasurer or other person or fiscal agent having custody of county funds, provided, that the judge or judges of said court shall by order entered upon the minutes of the court, provide for the establishment and maintenance of such a law library and shall cause to be furnished to the clerks of such courts with a certified copy of such minutes. Where the costs in criminal cases are not collected, the costs here provided for shall be paid from the fines or forfeitures fund of such court in which the case is filed before any other disbursement or distribution of such fines or forfeitures shall be made. Funds for establishing and maintaining. Section 3. In each county in which such a law library is established in accordance with this Act, the judge or judges, if more than one, of the Superior Court, shall appoint a committee which shall be composed of officers of the court in such counties to advise and make recommendations to the court upon the establishment, administration, and operation of the library, the selection and purchase of books and the appointment of personnel, Page 2631 the salaries to be paid and all other matters pertaining to the successful functioning of such library. Administration. Section 4. All funds collected under this Act and particularly under section 2 hereof shall be separately remitted to the county treasurer or other person having control of county funds and a separate account of receipts and disbursements shall be kept by such officer. Method of handling funds. Section 5. Funds so held by the treasurer or other county official shall be disbursed upon the order of the judge or judges of the Superior Court. Same. Section 6. The judge or judges of the Superior Court shall appoint one official for the operation of said library and fix the salary of such official and such salary shall be paid from said fund upon the order of said judges. However, said salary shall not exceed $300.00 per month. Such personnel may come under the terms of any retirement or pension system in any county in which any library is established as provided herein upon his or her election to do so within thirty days after such appointment. Appointment and salary of official to run such libraries. Section 7. There shall be advanced from the treasury of any county affected by this Act as part of the cost of the operation of the courts of such county, a sufficient sum not to exceed $10,000.00 for the initial cost of establishing, furnishing and equipping such library and acquiring the necessary law books. The county shall be reimbursed for such funds out of any surplus that may accumulate from the funds provided for in this Act. Funds for initial cost of establishing such libraries. Section 8. The board of county commissioners or other governing authority of such counties shall furnish necessary space, offices, lights, heat and water for the maintenance of such library. Space. Section 9. Be it further enacted by the General Assembly that all laws and parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. Approved March 7, 1957. Page 2632 COBB COUNTY COMMISSIONER. No. 226 (House Bill No. 234). An Act to amend an Act creating the office of commissioner of roads and revenues of Cobb County, approved August 27, 1924 (Ga. L. 1924, p. 314) as amended, particularly by an Act approved February 11, 1952 (Ga. L. 1952, p. 2273) and an Act approved March 4, 1955 (Ga. L. 1955, p. 2742) by changing the amount of compensation to be paid the commissioner and deputy 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 Cobb County, approved August 27, 1924 (Ga. L. 1924, p. 314) as amended, particularly by an Act approved February 11, 1952 (Ga. L. 1952, p. 2273) and an Act approved March 4, 1955 (Ga. L. 1955, p. 2742) is hereby amended by striking from section 3 the figure $9,000.00 and substituting in lieu thereof the figure $12,000.00 so that section 3, as so amended, will read as follows: Section 3. Be it further enacted by the authority aforesaid that the compensation of said commissioner shall be $12,000.00 per annum, payable monthly at the end of each month. In addition to such compensation, the Advisory Board of Cobb County is hereby authorized and empowered to reimburse said commissioner for ordinary and necessary traveling expenses incurred by him outside the limits of Cobb County when so traveling in the conduct of or in connection with the business of affairs of said county. Commissioner's salary. Section 2. Said Act is further amended by striking from section 6 to figure $6,000.00 and substituting in lieu thereof the figure $7,500.00 so that section 6, as so amended, will read as follows: Section 6. The commissioner of roads and revenues Page 2633 of Cobb County shall have a deputy commissioner, whose compensation shall be $7,500.00 per annum, to be paid in equal monthly installments from the funds of Cobb County. Any candidate for the office of commissioner shall on the date of his qualification for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as deputy commissioner in the event he is elected to the office of commissioner, and the person so named and certified by the successful candidate for such office shall serve as the deputy commissioner during the term for which he was named. In the event of his death, disability or resignation of the deputy commissioner the commissioner shall have thirty days from the date of such death, disability or resignation to certify to the ordinary of Cobb County the name of the new deputy commissioner to be appointed by him. In order to be eligible to serve as a deputy commissioner a person must possess the same qualifications as provided for the office of commissioner. The deputy commissioner shall assist the commissioner in the performance of his duties. The deputy commissioner shall have full authority to act in the event the commissioner is out of the county for any reason or absent from his office because of illness or is unable for some other reason to act, and any action by the deputy commissioner under such circumstances shall have the same force and effect as if such action had been taken by the commissioner. In the event a vacancy occurs in the office of commissioner of roads and revenues of Cobb County, the deputy commissioner shall immediately succeed to the office of commissioner. In the event the vacancy occurs more than sixty days prior to the next general election, the deputy commissioner shall hold the office of commissioner until such general election at which time a person shall be elected to fill the unexpired term of office of the commissioner. In the event a vacancy occurs within a period of sixty days immediately preceding the next general election, he shall hold the office of commissioner until the general election immediately subsequent to the aforesaid general Page 2634 election and until a successor to the commissioner is duly elected and qualified. Deputy commissioner's salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Cobb County. Personally appeared before the undersigned officer, in and for said State and county, Margaret H. Smith, who after being duly sworn, deposes and states upon oath that she is the comptroller of the Marietta Daily Journal, a newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in said newspaper in issues dated December 14th, 21st, and 28th, 1956: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend the Act entitled, An Act to create a commissioner of roads and revenues for Cobb County, Georgia; to provide for the election of same; to define his powers and duties; to fix his compensation; and for other purposes. approved August 7, 1924 (Ga. L. 1924, p. 314) and the several acts amendatory thereof. This December 12, 1956. Eugene W. Holcombe, Fred D. Bentley, Harold S. Willingham, Raymond M. Reed. This 22nd day of January, 1957. /s/ Margaret H. Smith, Comptroller, Marietta Daily Journal. Page 2635 Sworn to and subscribed before me this 22nd day of January, 1957. /s/ Yvonne Harrison, Notary Public, Cobb County, Georgia. (Seal). Approved March 7, 1957. SMALL CLAIMS COURT IN CERTAIN COUNTIES. No. 228 (House Bill No. 284). An Act creating a Small Claims Court in each county in this State having a population of not less than 33,500 and not more than 33,990 according to the U. S. Census of 1950 or any future such census; providing for the appointment, duties, powers, compensation, qualifications, substitution and tenure of office of the judge of such small claims court; prescribing the jurisdiction, the pleading, practice and service of process therein; providing for a clerk and prescribing his remuneration; validating acts and proceedings therein and providing the effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established in each county in this State having a population of not less than 33,500 and not more than 33,990, according to the U. S. Census of 1950 or any future such census, a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not exceed $500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said counties. Said jurisdiction shall include the power to issue writs of garnishment and attachment and in addition to the powers herein specifically Page 2636 granted including like powers granted to justices of the peace by the laws of the State of Georgia. Counties where applicable, jurisdiction. Section 2. The Governor shall appoint a citizen of any such county to be judge of any such court for a four-year term beginning from the time of his appointment. Judge. Section 3. Whenever the Judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the Judge of the Superior Court of the county or any judge of a city court located in said county, on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. In absence of judge, who to preside. Section 4. Any duties herein prescribed to be performed by the clerk may be performed by the judge, although the judge may appoint a person to act as clerk, said clerk to be compensated, if at all, from the fees herein authorized. Clerk. Section 5. All fees collected by the judge as herein authorized, shall be retained by him as his sole remuneration. Compensation. Section 6. Actions shall be commenced by the filing of a statement of claim, including the last known address of the defendant, in concise form and free from technicalities. The plaintiff or his agent shall verify the statement of claim by oath or affirmation in the form herein provided, or its equivalent, and shall affix his signature thereto. The judge or clerk may at the request of any individual, prepare the statement of claim and other papers required to be filed in an action. Pleadings. (a) A copy of the verified statement of claim, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such Page 2637 service shall be sufficient to give the court jurisdiction in the premises. Service of said notice shall be made only in the county by any official or person authorized by law to serve process in circuit courts; or by registered mail with return receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge for that purpose. Service. (b) When notice is to be served by registered mail, the clerk shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant, at his last known address, prepay the postage from the filing fee hereinafter provided for, mail the same forthwith, noting on the record the day and hour of mailing. If such receipt is returned, the clerk shall attach the same to the original statement of claim, and it shall be prima facies evidence of service upon the defendant. Same. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. Same. (d) When served as provided, the actual cost of service shall be taxable as costs. The cost of service shall be advanced by the party demanding same in addition to the filing fee hereinafter provided, and shall be taxed as other costs. Costs. (e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount; when the amount is unliquidated, plaintiff shall be required to present proof his claim. Default judgments. (f) Said notice shall provide the day and hour of the hearing, which shall not be less than five nor more than fifteen days from the date of the service of said notice; provided, however, that where service is made by registered mail the date of mailing shall be the date of service. Service. Page 2638 Section 7. A docket shall be maintained in which shall be indicated every proceeding and ruling had in each case. Docket. Section 8. The plaintiff, when he files his claim, shall deposit with the court the sum of five dollars ($5.00), which shall cover all costs of the proceeding except of service of the notice other than by registered mail and as hereinafter provided, and the deposit of costs in cases of attachment, garnishment or trover shall be $7.50. If a party shall fail to pay accrued costs, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court costs, as between the parties, shall be according to the discretion of the judge and shall be taxed in the cause at his discretion. Costs. Section 9. (a) On the day set for the hearing, or such latter time as the judge may set, the trial shall be had. Immediately prior to the trial of any case, the judge shall make an earnest effort to settle the controversy by conciliation. If the judge fails to induce the parties to settle their differences without a trial, he shall proceed with the hearing on the merits. Hearing. (b) The judge shall conduct the trial in such manner as to do substantial justice between the parties according to the rules of substantive law, and all rules and regulations relating to pleading, practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against Page 2639 the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Setoff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Judgments. Section 12. The Judge of the Superior Court presiding in any such county may from time to time make rules for a simple, inexpensive, and speedy procedure to effectuate the purposes of this act and shall have power to prescribe, modify and improve the forms to be used therein, from time to time, to insure the proper administration of justice and to accomplish the purposes hereof. Rules. Section 13. Jury trials may be had upon demand of the plaintiff at the time of the commencement of his suit or by the defendant within five days after service of notice of suit by depositing with the judge or his clerk such sum as the judge may fix as reasonable to secure payment of cost incurred by reason of a jury trial. The judge or clerk shall have the power to subpoena jurymen, and witnesses. Jury trials. Section 14. Judgments of small claims courts shall become a lien on the real estate and personal property of a defendant, situated in any county, from the time of the filing in the office of the clerk of the Superior Court Page 2640 for said county, of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county. Liens. Section 15. Appeals may be had from judments returned in a small claims court, to the Superior Court, and the same provisions now provided for by law for appeals from Courts of Ordinary to the Superior Court, shall be applicable to appeals from the small claims court to the Superior Court. Appeals. Section 16. Until otherwise provided by rules of court the statement of claims, verification, and notice shall be in the following equivalent form, and shall be in lieu of any forms now employed and of any form of summons now provided by law: Forms. (Here the plaintiff, or at his request the court, will insert a statement of the plaintiff's claim, and the original to be filed with the court, may if action is on a contract, express or implied, be verified by the plaintiff or his agent, as follows:) Page 2641 You are hereby notified that..... has made a claim and is requesting judgment against you in the sum of..... dollars ($.....), as shown by the foregoing statement. The court will hold a hearing upon this claim on..... at.....m. at (address of court). You are required to be present at the hearing in order to avoid a judgment by default against you. If you have witnesses, books, receipts, or other writings bearing on this claim, you should bring them with you at the time of hearing. Page 2642 If you wish to have witnesses summoned, see the court at once for assistance. If you admit the claim, but desire additional time to pay, you must come to the hearing in person and state the circumstances to the court. You may come with or without an attorney. JudgeClerk of the Small Claims Court. (Seal). Section 17. All acts performed by the judge or clerk, and all proceedings had before the small claims court in counties of this state having a population of not less than 33,500 and not more than 33,990 according to the U. S. Census of 1950 or any future such census, are hereby validated. Section 18. The judge appointed at the time this act becomes effective shall continue to serve until the expiration of his term of appointment and his successors shall be appointed by the then Governor of Georgia for succeeding terms of four years each, and until their successors are appointed and qualified. Terms and appointment of judge. Section 19. All forms, docket books, file jacket, filing cabinets and the like, required by this act shall be furnished by the county commissioners. Supplies. Section 20. If any word, phrase, sentence, section or part of this act is declared unconstitutional the remainder shall remain in full force and effect. Section 21. All laws or parts of laws in conflict herewith are hereby repealed. Section 22. This act shall take effect immediately upon becoming a law. Approved March 7, 1957. Page 2643 MAPPED STREETS IN CERTAIN COUNTIES AND MUNICIPALITIES. No. 231 (Senate Bill No. 66). An Act to empower all counties having a population of 300,000 or more according to the 1950 United States Census, or any subsequent census, and all cities and towns located in whole or in part in a county which has a population of 300,000 or more according to the 1950 United States Census, or any subsequent census, which have the authority to enact zoning plans and regulations, to adopt an official map or maps which shall show, in addition to existing streets, the lines and extent of any proposed widening, removal, extension, relocation, narrowing, vacation or abandonment; to authorize the amendment of said official maps from time to time and the recording thereof; to provide the terms upon which new or additional use of property within the lines of any mapped streets may be permitted; to provide for appeal on behalf of any person whose interest is adversely affected by denial of a building permit; to provide how property may be acquired within the lines shown on any proposed street on an official map; to authorize the investment of pension funds of any state department, agency or instrumentality, or any county or municipality in property within the lines of such proposed street on certain conditions; to provide for appeal to the Superior Court; to provide how ordinances, resolutions and regulations adopted under this Act shall be enforced and violation thereof punishable; to repeal all laws in conflict therewith, 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. The governing authorities of all counties which have a population of 300,000 or more according to the United States Census of 1950, or any subsequent Page 2644 census, and the governing authorities of all municipalities located in whole or in part in a county which has a population of 300,000 or more according to the United States Census of 1950, or any subsequent census, and which counties and municipalities are authorized by law to adopt zoning plans and regulations, may adopt, and from time to time amend, for all or any part of the area within their jurisdiction, an official map or maps, to be known as a mapped streets plan, showing thereon existing streets and any proposed widening, removal, extension, relocation, narrowing, vacation, or abandonment thereof, and the locations of the proposed lines and rights-of-way of such proposed future streets. Mapped streets. Section 2. The term streets as herein used shall include roads, highways, public thoroughfares, and the right of access or limitations upon the right of access thereto. Streets defined. Section 3. Such governing authorities are authorized to adopt appropriate ordinances, resolutions or regulations, not inconsistent herewith, to carry out the purposes of this Act. Powers. Section 4. In municipalities and counties having a planning commission or board, every such mapped streets plan and amendment thereto shall be prepared and certified to the governing authorities by such planning commission or board in the same manner as zoning plans and regulations are prepared and certified. Every such mapped streets plan and amendment thereto which has been so prepared and certified may be adopted by the governing authority of the county or municipality in the same manner and by the same procedure as to notice and hearing as is provided by law for the adoption of zoning plans and regulations. Planning commission's duties. Section 5. After its adoption, every such mapped streets plan and every amendment thereto shall be filed in the office of the clerk of the Superior Court of the county in which the affected land is located, together with a certified copy of the resolution or ordinance Page 2645 adopting such plan or amendment and marked filed and recorded by the clerk of such Superior Court in the same manner in which plats are now recorded, and every such mapped streets plan and amendment thereto shall, together with a certified copy of the resolution or ordinance adopting same, be filed in the office of the planning commission or board, if there be such commission or board, and if there be no such commission or board, then in the office of the clerk of the governing and issuing authority. Filing with the clerk of the Superior Court. Section 6. The governing authorities of municipalities and counties may, in adopting a mapped streets plan or an amendment thereto, prohibit the granting of a permit for the construction or location of any building or structure, or part thereof, on any land upon the proposed right-of-way or between the proposed lines of any street shown in the mapped streets plan or any amendment thereto, after such plan or amendment has been filed for record in the office of the clerk of the Superior Court in the manner provided in this Act. Zoning. Section 7. The board of adjustment or zoning appeals or other agency authorized to hear appeals in connection with the enforcement of zoning regulations, referred to in this Act as the board, shall hear and decide appeals from any order, requirement, decision or determination made by any administrative official or agency in the enforcement of this Act or any ordinance, resolution or regulation adopted pursuant thereto. The rules and procedure governing such appeals shall be the same as in appeals from decisions made in the enforcement of zoning regulations. Appeals. Section 8. After the adoption of a mapped streets plan and the filing for record of a plat thereof, as herein provided, any existing non-conforming use of property upon the proposed right-of-way or within the lines of such proposed streets, as shown on said mapped streets plan or amendment thereto, may be continued until such time as the acquisition of the property becomes necessary; any new or additional use of the property Page 2646 on the proposed right-of-way of such streets or within the proposed lines thereof may be permitted, provided such new additional use does not involve such an improvement as would increase the acquisition cost of the property when required to be taken. Every other new or additional use of the property upon the proposed right-of-way or within the lines of such proposed streets is prohibited. Use of property on mapped streets. Section 9. Any owner or other person having an interest in any property lying upon the proposed right-of-way or within the lines of such mapped streets may appeal from an adverse order upon his application for a building or other permit to the board of adjustment or zoning appeals or other agency authorized to hear appeals in connection with zoning regulations, by filing with such board his sworn petition stating the facts upon which he seeks relief from such adverse order. Should the board of adjustment or zoning appeals or other agency determine that the adoption or amendment to such mapped streets plan and the filing for record of such plat has: Relief to property owner. (a) Interfered with or threatened to interfere with the free sale or disposition of such property at or for its full market value thereby resulting in a potential loss to him, or (b) Deprived him of a use, otherwise consistent with the zoning laws, which applicant intended bona fide to make of his property, the board shall have the power in its discretion, alternatively or conjunctively, to grant relief as follows: (1) Where such land is not in use, to grant the appellant tax relief, which relief, is accepted by the tax-payer, shall thereafter estop him and his successors in title for a period of five years from asserting any claim for damage to his property lying upon the proposed right-of-way or within the lines of such mapped streets by virtue of the adoption of such mapped streets plan Page 2647 or amendment thereto, except for the fair value of his property upon it subsequently being taken for public use. (2) Where the appellant seeks permit for the proposed construction or enlargement of an improvement, by permitting such construction, notwithstanding the requirements of other zoning plans and regulations, so as not to interfere with the intended use of the mapped streets area. (3) Where the owner or other person having an interest in such property seeks by his appeal the right of sale free from the requirements of said mapped streets plan, or any ordinance, resolution or regulation incident thereto, to order the governing authority of the county or municipality, within one hundred days or less, to either (a) institute condemnation proceedings or make a bona fide offer to acquire the property, or (b) permit the sale of the appellant's property free and clear of the restrictions imposed by the adoption and recording of the mapped streets plan and plat, but subject, however, to any other valid and applicable zoning restrictions. Section 10. Property which may be acquired pursuant to section 9 (3) (a) by a governing authority is hereby made a legal investment for pension funds of any department, agency or instrumentality of the State of Georgia or of any county or municipality within the State of Georgia, provided, however, that the investment of such pension funds in such property shall be subject to the approval of the board of trustees or other governing authorities administering the pension funds involved, and provided further that the municipality or county government involved guarantee the repayment of the principal of any such pension funds so invested plus interest at three per cent per annum, compounded annually. Purchase of property. Section 11. Every decision or determination of such board of adjustment or zoning appeals or other agency authorized to hear appeals shall be subject to review by Page 2648 the Superior Court of the county in which the affected property is located in accordance with the provisions, rules and procedures set out in section 11, paragraph 3 of the Act entitled Zoning and Planning in Municipalities, approved January 31, 1946 (Ga. L. 1946, pp. 191, 198, 199). Section 12. The adoption of a mapped streets plan and the recording of a plat thereof, as herein provided, shall establish the necessity for the taking of property by eminent domain and shall justify a declaration of such necessity whenever the acquisition is authorized by the governing authority pursuant to the provisions of this Act. Eminent domain. Section 13. Ordinances, resolutions and regulations adopted under authority of this Act shall be enforced by the same officials and in the same manner as zoning regulations. The violation of any such ordinance, resolution or regulation shall be punishable as for the violation of a zoning regulation. Enforcement of ordinances, etc. Section 14. If any portion or provision of this Act shall be held unconstitutional, such invalidity shall not affect any other portion or provision hereof. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1957. EXPENSE ACCOUNTS TO CERTAIN COUNTY COMMISSIONERS. No. 239 (Senate Bill No. 74). An Act to amend an Act entitled An Act to provide that in all counties having a population of not less than 15,400 and not more than 15,900, according to Page 2649 the Federal census of 1950 or any future Federal census, members of the board of commissioners of roads and revenues in such counties shall be entitled to expense accounts; to provide that the clerk of the board of commissioners of roads and revenues, if any, of such counties, shall have a salary to be determined in the discretion of said board of not less than $1,800.00 per annum; to repeal conflicting laws; and for other purposes., approved February 13, 1952 (Ga. L. 1952, p. 2462), so as to provide for the compensation and expense accounts of the chairman and members of the board of commissioners of the counties covered by such Act; 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 in all counties having a population of not less than 15,400 and not more than 15,900, according to the Federal census of 1950 or any future Federal census, members of the board of commissioners of roads and revenues in such counties shall be entitled to expense accounts; to provide that the clerk of the board of commissioners of roads and revenues, if any, of such counties, shall have a salary to be determined in the discretion of said board of not less than $1,800.00 per annum; to repeal conflicting laws; and for other purposes., approved February 13, 1952 (Ga. L. 1952, p. 2462), 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. In all counties of this State having a population of not less than 15,400 and not more than 15,900, according to the United States census of 1950 or any such future census, the chairman of the board of commissioners of roads and revenues shall be compensated in the amount of $900.00 per annum, to be paid in equal monthly installments. He shall also be entitled to an expense account which shall not exceed $390.00 per annum. Each member of such board shall be compensated in the amount of $600.00 per annum, to be paid Page 2650 in equal monthly installments, and shall be entitled to an expense account which shall not exceed $240.00 per annum. Such compensation and expense account shall be paid from county funds by the proper authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1957. CONTROL OF FISCAL AFFAIRS IN CERTAIN COUNTIES. No. 247 (Senate Bill No. 142). An Act to provide that in counties of this State having a population of not less than 31,200 and not more than 33,100, according to the 1950 United States Census, or any future such census, a procedure for the control of the fiscal affairs of all such counties; to provide the compensation of members of the governing authority; to provide for purchases in such counties and a procedure connected therewith; to provide for an audit of the books of the governing authority in each such county and a procedure connected therewith; to provide an expense allowance for the members of the governing authority and an effective date thereof; to provide for the disposition of certain property of such counties and a procedure connected therewith; to provide a penalty for violation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any provision of a local law to the contrary notwithstanding, in all counties of this State having a population of not less than 31,200 and not more than 33,100 according to the 1950 United States Census, or any future such census, each member of the governing authority shall be compensated in the amount of Page 2651 $6,000.00 per annum and, in addition thereto, an expense allowance of $100.00 per month, which shall be in lieu of any and all other allowance or expense accounts, or for an allowance for the purchase of an automobile. Such sums shall be payable monthly out of the general funds of such counties. Counties where applicable, compensation. Section 2. In all such counties, all purchases by the governing authority in an amount in excess of $500.00 shall be made only after receiving not less than three competitive bids. The purchase shall be made from the lowest responsible bidder. The governing authority shall attach to the purchase order, or to the invoice, subsequent to such purchase, one affidavit of the purchaser, a copy of the notice that was made requesting bids on such purchase. Provided, however, in cases of emergency when the delay for advertising and receiving competitive bids would result in substantial loss to the company, the governing authority of such county shall have the right to make such purchase in the open market. Upon such being done, however, an invoice showing quantity, price and from whom such purchases were made, together with a statement showing the reason for doing so, and such information shall be filed in the office of the governing authority of said county as a public record and open to inspection by the citizens. It shall be a misdemeanor for the governing authority, or any member thereof, to make a purchase in violation of the provisions of this section. Purchases. Section 3. In all such counties it shall be the duty of the last grand jury impaneled in each year in such county, to employ a Certified Public Accountant to audit the books of the current fiscal year of the governing authority of that county, including gas systems, water systems, and all other projects or undertakings under the supervision of the governing authority of such county. A copy of the audit shall be filed in the office of the clerk of the superior court in all such counties after the auditor has made his report to the grand jury next convening in such county and it shall be the duty of Page 2652 the grand jury to transmit the audit to the governing authority of such county. The audit filed in the office of the clerk of the superior court and in the office of the governing authority in all such counties shall be a public record and open to inspection to any resident of such county. Audits. Section 4. In all such counties it shall be the duty of each member of the governing authority to devote his full time to his duties as a member of a governing authority. Duties of governing authority. Section 5. It shall be a misdemeanor for any member of the governing authority of said county to receive anything of value directly or indirectly, by gifts, purchases or otherwise from any purchase made by him for said county or by virtue of him being a member of the governing authority of said county. Crimes. Section 6. The provisions of this Act shall become effective as of January 1, 1957. Provided, however that any compensation, expense account, automobile purchase, or allowance received by any member of the governing authority in any such county between January 1, 1957 and the approval of this Act, in excess of the allowance of $100.00 per month, shall be deducted from the expense allowance allowed herein. Any touring cars, or automobiles purchased by any such county for members of the governing authority of said counties for their own use, or otherwise, since Januray 1, 1957, and any other passenger cars owned by said counties for use of the governing authority shall be sold at public auction before the court house door on the first Tuesday in March 1957, between the legal hours of sale, to the highest and best bidder for cash. Notice of such sale, giving model, make and general description of said vehicle, shall be published in one issue of the official organ of said county and shall be posted on the county court house door. Any moneys received therefrom shall be placed in the county treasury. Effective date, provision. Page 2653 Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 7, 1957. CITY OF ATLANTA CHARTER AMENDED. No. 248 (Senate Bill No. 82) 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 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. That the corporate limits of the City of Atlanta be enlarged and extended so as to include therein the following described property: All that tract or parcel of land lying and being in land lot 247, 14th district of Fulton County, Georgia, and being more particularly described as follows: Beginning at a point where the north line of land lot 247, 14th district, Fulton County, intersects the corporate limit line of the City of Atlanta, running thence south along the present city limit line Page 2654 fifteen hundred and ninety-eight (1598) feet, more or less, to the southeast corner of lot 1, block J of unit two, Green Forest acres, as shown by plat recorded in plat book 58, page 29, Fulton County records; thence west sixteen hundred and sixty (1660) feet, more or less, to a point on the southerly projection of the west line of block O of above mentioned plat; thence northerly and following the west lines of block O, block N and block M of Green Forest acres and the northerly projection of said west line fifteen hundred and ninety-eight (1598) feet, more or less, to the north line of land lot 247; thence east along the north line of land lot 247, sixteen hundred seventy and four tenths (1670.4) feet to the point of beginning. City limits. Section 3. All powers and authority of the City of Atlanta under its charter and ordinances, and all laws appertaining to said city as a municipality are hereby extended over 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 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 said City of Atlanta, 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 taxes are due, as now prescribed by a charter and the laws and ordinances of the City of Atlanta, are extended to all the limits included under the terms of this Act. The powers of the health department, police department, city tax assessors receivers, tax collector, marshal, clerk of council, building inspector, recorder, and all other officers of the City of Atlanta are extended to the new limits as fully and completely as they now exist within the former limits under the present charter, the laws and ordinances governing the City of Atlanta. Said new territory is likewise made subject to all the bonds heretofore issued by the City of Atlanta, and is bound for the payment of such bonds equally with the other territory comprising the City of Atlanta. Same, powers of city. Page 2655 Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. FULTON COUNTY BOARD OF EDUCATIONEMPLOYEES' RETIREMENT SYSTEM. No. 249 (Senate Bill No. 164). An Act to amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County.... and for other purposes, approved Feb. 2, 1945 (Ga. L. 1945, p. 528, et seq.) as heretofore amended, so as to provide that pension funds accumulated under said Act may be invested in general obligation bonds of Fulton County and in revenue certificates of Fulton County, or any department, board, or authority of Fulton 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 that the Act entitled An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County.... and for other purposes, approved Feb. 2, 1945 (Ga. L. 1945, p. 528, et. seq.) as heretofore amended be further amended as follows: Section 1. There shall be added at the end of section 19 of said Act, the following language to wit: The pension board is specifically authorized to invest said pension funds in general obligation bonds and in revenue certificates of Fulton County, or any department, board, or authority of Fulton County, subject only to the Page 2656 qualification that the validity of same shall be certified by the opinion of recognized bond counsel. Investment of funds. Section 2. All laws and parts of laws in conflict herewith be and the same 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. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. GLYNN COUNTYWATER AND SEWERAGE SYSTEMS. No. 250 (Senate Bill No. 152). An Act to create fire, sanitation and sewerage districts in Glynn County; to permit the commissioners of roads and revenue of Glynn to erect, construct, build, furnish and maintain or to assist in, contribute to or to cooperate with the City of Brunswick in the erection, construction, building, furnishing and maintaining of sewerage systems and water systems, mains, lines, disposal plants, pipes, pumps, hydrants and tanks, and firefighting equipment of every sort, for the purpose of providing fire protection, sanitation and sewerage for the citizens of Glynn County within such districts, who are not otherwise afforded such protection or services for their property; to permit taxation as necessary for such purposes; 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: Page 2657 Section 1. The commissioners of roads and revenue of Glynn County are empowered to erect, construct, build, furnish and maintain, or to assist in, contribute to or to cooperate with the City of Brunswick in the erection, construction, building, furnishing and maintaining of sewerage systems and water systems, mains, lines, disposal plants, pipes, pumps, hydrants and tanks, and firefighting equipment of every sort, for the purpose of providing fire protection, sanitation and sewerage facilities for the citizens of Glynn County having property within the fire, sanitation and sewerage districts hereinafter created, whenever the commissioners of roads and revenue of said county deem it in the interest of public health or sanitation. Authority to erect and maintain. Section 2. The commissioners of roads and revenue of Glynn County, or their agents, are authorized to charge a fee, as determined by them, for every connection or tap into said sewerage or water lines or pipes, the full payment of which shall be a condition precedent to the making of such connection, and to make and enforce rules and regulations governing the use of such sanitary sewers and water mains, for a violation of which the connection may be severed. Such tap or connection fee shall in no event be for water used or sewer service furnished, but the cost of water and/or the cost of sewer service shall be in addition to the fee paid for connection to such sanitary sewers or water pipes. Tap on fees. Section 3. The commissioners of roads and revenues of Glynn County are authorized to levy and collect only in such district where the improvement are contemplated or made, an annual tax, not to exceed six (6) 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. Such tax shall be subject to the provisions of Article 7, Section 4, Paragraph II of the Constitution of the State of Georgia, and to all other provisions Page 2658 applying to the levying, collection and application of ad valorem taxes by counties of this State which are pertinent to same. Taxes. Section 4. The commissioners of roads and revenue of Glynn County are empowered to contract with the City of Brunswick for the furnishing of water or sewer service, or both water and sewer service, through such lines and pipes, to consumers within the limits of the fire, sanitation and sewerage districts hereafter identified as Brunswick Villa District and Dock Junction District who may pay for such water or sewer service, or both water and sewer service, direct to the City of Brunswick; and said commissioners are empowered to convey such water or sewer systems, mains and pipes, or both water and sewer systems, mains and pipes in such districts, to the City of Brunswick subject to any existing indebtedness thereon and in consideration of future maintenance of same and the supplying of water or sewer service, or both water and sewer service, through the same to consumers on payment of the cost of such water or sewer service, or both water and sewer service, by consumers. Contracts with the City of Brunswick, districts. Section 5. For the purpose of this Act there are hereby created the following fire, sanitation and sewerage districts in Glynn County, as provided for in Article 7, Section 4, Paragraph II of the Constitution of the State of Georgia: (1) Brunswick Villa District: Commencing at a point on the westerly line of the Atlantic Coast Line Railroad right of way in the Arco section of Glynn County where the said railroad right of way is intersected by the southerly line of Seventh Street, which line is also the corporate limit line of the City of Brunswick; thence from said beginning point running northeasterly along the said westerly line of said railroad right of way to a point where the westerly line of said railroad right of way intersects the westerly line of Norwich Street Extension; thence running northwesterly along the westerly line of Norwich Street Extension to its point of intersection Page 2659 with the westerly line of Old Dixie Highway near the entrance to the Old Atlantic Refinery Company property; thence running northerly along the westerly line of said highway (now known as State route No. 303) to a point where the said westerly line of said highway is intersected by the right of way of the Georgia Power Company upon which is located the transmission line into Solvay Process Division Plant; thence running along the Georgia Power Company right of way on a bearing of north 72 49 26 east to the easterly right of way line of the Old A. B. C. Railroad right of way (now Atlantic Coast Line Railroad, Western Division); thence running along said railroad right of way line on a bearing of north 6 29 west for a distance of 750 ft., more or less, to a corner which marks the northwesterly corner of the subdivision known as Highland Manor; thence running on a bearing of north 74 04 26 east for a distance of 4,435 ft., more or less, to the easterly line of the Old G. C. P. right of way (also known as Altama Avenue); thence running southwesterly along the easterly line of the Old G. C. P. right of way to the point where the said right of way line is intersected by the present corporate limit line of the City of Brunswick, which corporate limit line at this point is the northerly boundary line of the Brunswick Airpark property; and thence following the corporate limit line of the City of Brunswick as it now exists and in varying bearings or directions to the point or place of beginning of the area hereinabove described where the said corporate limit line and the westerly right of way line of the Atlantic Coast Line Railroad right of way intersect at the southerly line of Seventh Street as aforesaid. Districts. (2) Dock Junction District: Commencing at a point on the westerly right of way line of State route No. 303 (formerly well-known as U. S. highway No. 17) where the said westerly line of said highway is intersected by the Georgia Power Company right of way containing the power transmission line into Solvay Process Division Plant; thence from said beginning point running northerly along the said westerly line of said State route No. 333 Page 2660 to the point where it is intersected by the northerly line of the public road well-known as Community Road immediately west of the intersection well-known as The Forks; thence running along the northerly line of Community Road to the point where said road intersects the easterly line of the Old G. C. P. right of way (also known as Altama Avenue); thence running southwesterly along the easterly line of the Old G. C. P. right of way to a point 500 ft., more or less, northerly (measured along the said easterly line of the Old G. C. P. right of way) from the southerly line of Cypress Mill Road and which said point is also the northeasterly corner of the area heretofore described as Brunswick Villa District; thence running from said easterly line of Old G. C. P. right of way on a bearing of south 72 15 west for a distance of 4,435 ft., more or less, to the easterly right of way line of the Old A. B. C. Railroad right of way (now Atlantic Coast Line Railroad, Western Division); thence running south 9 east along said easterly line of Old A. B. C. Railroad right of way for a distance of 750 ft., more or less, to the right of way of the Georgia Power Company transmission line; and thence running along the said right of way of Georgia Power Company transmission line on a bearing of south 62 49 west to the point or place of beginning on the westerly line of said State route No. 303. (3) St. Simons Island District: Commencing at the point of intersection of the westerly right of way line of Retreat Avenue, if said line were extended in a southerly direction, and the low water line of St. Simons Sound; thence east and north along the low water line of St. Simons Sound and the Atlantic Ocean to the point of confluence of Postell Creek and Vassar Creek; thence north along the channel of Vassar Creek to the property line between the properties of J. C. Strother and Mrs. Emma Shadman (the extended north boundary line of Oglethorpe Park subdivision); thence west through the marsh along the said property line to high ground (tree growth line); thence north along the marsh line to the north property line of Black Banks; thence west along Page 2661 the north property line of Black Banks to the point of intersection with the east right of way line of Frederica Road; thence north to the point of intersection of the extended north boundary line of Glynn Haven Estates subdivision and the east right of way line of Frederica Road; thence west and south along the boundary line of Glynn Haven Estates subdivision to Dunbar Creek; thence south along the marsh line of the east side of Dunbar Creek marsh to its point of intersection with the northeasterly right of way line of Sea Island Road; thence on a bearing of north 76 43 west along a line extending to the low water line of Frederica River; and thence following the easterly low water line of Frederica River and the St. Simons Sound to the point or place of beginning. Section 6. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. TOWN OF ALPHARETTA CHARTER AMENDED. No. 251 (Senate Bill No. 118). An Act to amend an Act approved July 31, 1920 (Ga. L. 1920 p. 688) and all Acts amendatory thereto, entitled an Act to incorporate the town of Alpharetta, to fix the territorial limits of said town, 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 section 2 of the Act to incorporate the town of Alpharetta, Georgia approved July 31, 1920 and all Acts amendatory thereto, be and the same is hereby amended by striking section 2 in its entirety and Page 2662 substituting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the town of Alpharetta, Georgia are defined to be: That the corporate limits of the town of Alpharetta shall be bounded by the circumference of a circle, the center of which shall be the center of where the courthouse of old Milton County once stood, and from this center the corporate limits shall extend three-fourths of one mile in all directions and all the territory embraced in said circle shall be within the corporate limits of said town. And in addition to said circle the following described lands shall be declared within the corporate limits of said town as follows: All that tract or parcel of land lying and being in the 1st district and 2nd section of formerly Milton, now Fulton County, Georgia and being a part of land lot No. 696, and all of land lots Nos. 697, 698 and 699 and more particularly described as follows: Beginning at the northeast corner of land lot No. 697 and running thence south along the original land lot line 4045 feet to the southeast corner of land lot No. 699, thence west along land lot Line 1314 feet to the southwest corner of said land lot No. 699, thence north along land lot line 4215 feet to the above described circle, thence in a southeasterly direction along said circle to point of beginning. Corporate limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are made a part of this bill and reference is made thereto. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. Page 2663 CITY OF ROSWELL CHARTER AMENDED. No. 252 (Senate Bill No. 165). An Act to amend an Act establishing a new charter for the City of Roswell approved Feb. 9, 1950 and amended March 4, 1955 by defining the territorial limits of said City of Roswell and by adding territory to the limits of said city, 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 section 2 of the Act creating a new charter and municipal government for the City of Roswell, Georgia, approved Feb. 9, 1950 and amended March 4, 1955, be and the same is hereby amended by striking section 2 in its entirety and substituting in lieu thereof a new section 2 to read as follows: Section 2. Be it further enacted by the authority aforesaid that the corporate limits of the City of Roswell are defined to be: Beginning at the southeast corner where Vickery Creek enters the Chattahoochee River and running north along Vickery Creek, making said creek the boundary line, to the mouth of Oxbo Creek, thence north along Oxbo Creek to a point 634 feet north of the south line of land lot No. 425, thence east a distance of 1749 feet to an iron pin on the west side of Oxbo Road right-of-way, thence in a northeasterly direction along the west side of said Oxbo Road 2405 feet to a point, said point being 117 feet of the northwest corner of land lot No. 489, thence west along land lot line 2333 feet to Oxbo Creek, thence in a northeasterly direction along said creek to where old Cobb County, now Fulton County line crosses said creek, thence west along the line of old Cobb County, now Fulton and old Milton County, now Fulton to Canton Road, thence west along the old Cobb County line to the center of Mountain Park Road, thence in a northwesterly direction along said Mountain Park Road 625 feet to the center of North Coleman Road, thence west Page 2664 along North Coleman Road 1404 feet to the west line of land lot No. 370, thence south along land lot line (which is center of Coleman Road) 3220 feet to the center of Pine Grove Road, thence in a southeasterly direction along Pine Grove Road 1675 feet to the east line of land lot No. 373, thence south along the east line of said lot 373 to the northeast corner of land lot No. 378, thence in a westerly direction along the north line of land lot No. 378 a distance of 1341 feet to the northwest corner of said land lot No. 378, thence south along west line of said land lot 419 feet, thence in a southwesterly direction 904 feet to northside of Riverside Road, thence in a southeasterly direction along the north side of said Riverside Road 2790 feet to the east line of land lot No. 379 thence in a northerly direction along the east side of lot No. 379 a distance of 460 feet to the southwest corner of land lot No. 381, thence east along the line of land lots Nos. 381, 418, 420 to a point where the south line of lot No. 420 crosses the Chattahoochee River, thence in an eastern direction along the northern bank of said river to the starting point the mouth of Vickery Creek. Corporate limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Section 3. The notice and affidavit attached hereto are made a part of this bill and reference is made thereto. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. CITY OF SAVANNAH CHARTER AMENDED. No. 253 (Senate Bill No. 112). An Act to amend the charter of the Mayor and Aldermen of the City of Savannah by authorizing the Mayor and Aldermen of the City of Savannah to convey to William Lattimore, John J. Rauers and Sylvan Byck Page 2665 certain real property known as lots numbered 213, 214, 215, 232, 233 and 234, Sylvan Terrace subdivision, Groover ward, City of Savannah, Chatham County, Georgia, in exchange for lots numbered 258, 259, 260, 261, 262 and 263, Sylvan Terrace subdivision, Groover ward, Savannah, Chatham County, Georgia, said lots numbered 258, 259, 260, 261, 262 and 263 to be conveyed by the said William Lattimore, John J. Rauers and Sylvan Byck to the Mayor and Aldermen of the City of Savannah. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same: Section 1. It appearing that the Mayor and Aldermen of the City of Savannah, is a municipal corporation created and existing under the Laws of the State of Georgia; and it further appearing that the said Mayor and Aldermen of the City of Savannah is the fee simple holder of lots numbered 213, 214, 215, 232, 233 and 234, Sylvan Terrace subdivision, Groover ward, City of Savannah, Chatham County, Georgia, said property having been designated as a park by William Lattimore, John J. Rauers and Sylvan Byck, the developers of the aforesaid Sylvan Terrace subdivision; and it further appearing that the Board of Public Education for the City of Savannah and the County of Chatham is the owner of the real property immediately south of the aforesaid Sylvan Terrace Subdivision upon which property is located a Public school, to-wit: Pulaski School; and it further appearing that it is the desire of the Mayor and Aldermen of the City of Savannah to exchange the said property hereinbefore described for other property located in said Sylvan Terrace subdivision, to-wit: lots numbered 258, 259, 260, 261, 262 and 263 of said subdivision, said lots being located at the southern extremity of said subdivision and immediately adjacent to the property hereinbefore described and owned by the aforesaid Board of Public Education for the City of Savannah and the County of Chatham, it being the purpose of the said Mayor and Aldermen of the City of Savannah and Page 2666 the said Board of Public Education for the City of Savannah and the County of Chatham to combine their property for the purpose of creating a playground to be used in conjunction with the aforesaid Pulaski School; and it further appearing that the said William Lattimore, John J. Rauers and Sylvan Byck, the developers of the aforesaid Sylvan Terrace subdivision, are still the owners of the lots hereinbefore described as lots Number 258, 259, 260, 261, 262 and 263 of said Sylvan Terrace subdivision, and said developers are willing to exchange the aforesaid lots for the said lots number 213, 214, 215, 232, 233 and 234, Sylvan Terrace subdivision, which lots are owned by the said Mayor and Aldermen of the City of Savannah; and it further appearing that the aforesaid described exchange of propery will be in the public interest and will be without cost to the Mayor and Aldermen of the City of Savannah; said Mayor and Aldermen of the City of Savannah are hereby authorized and empowered to give, grant, convey, transfer and assign, by quit claim deed, unto the said William Lattimore, John J. Rauers and Sylvan Byck the aforedescribed lots number 213, 214, 215, 232, 233 and 234, Sylvan Terrace subdivision, Groover ward, City of Savannah, Chatham County, Georgia, and they are authorized and empowered to accept as consideration for the aforesaid conveyance, the said lots numbered 258, 259, 260, 261, 262 and 263, Sylvan Terrace subdivision, Groover Ward, City of Savannah, Chatham County, Georgia to be conveyed to the said Mayor and Aldermen of the City of Savannah by the said William Lattimore, John J. Rauers and Sylvan Byck. Exchange of land authorized. Section 2. Be it further enacted that all laws or parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Section 3. Advertisement having been made and publicity certificate attached hereto and made a part hereof as required by law. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. Page 2667 CITY OF DARIEN CHARTER AMENDED. No. 254 (Senate Bill No. 154). An Act to amend an Act entitled, An Act to provide a new charter for the City of Darien, superseding all previous Acts, defining its limits, and conferring additional powers on said corporation, and for other purposes, (Ga. L. 1909, p. 727), by conferring upon the City of Darien the right to close, sell and convey portions of certain streets, a certain alley and a certain square to the Board of Education of McIntosh County, Georgia; 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. On and after the passage of this Act the charter of the City of Darien (Ga. L. 1909, p. 727), is further amended so that the Mayor and Aldermen of said City of Darien shall have the right to close, sell and convey to the Board of Education of McIntosh County, its successors or assigns, a portion of a square, a portion of an alley, and portions of certain streets, as follows: Land conveyance authorized. All of Green Square north of Green Street; the alley in blocks 51 and 52 between Boundary Street and Eighth Street; Wayne Street between Boundary Street and Eighth Street; Washington Street between Boundary Street and Eighth Street; and Ninth Street between Adams Street and Green Street. Section 2. The City of Darien through its governing body is authorized and empowered to sell and convey the said described portions of said square, alley and streets to the Board of Education of McIntosh County, Georgia, its successors or assigns, for one dollar consideration. Same, consideration. Section 3. All laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Page 2668 Affidavit of publication attached to enrolled copy. Approved March 7, 1957. FULTON COUNTYPENSION FUNDS. No. 255 (Senate Bill No. 166). 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 amended by the Act approved March 30, 1943 (Ga. L. 1943, p. 995, et seq.) so as to provide that pension funds accumulated under said Act may be invested in general obligation bonds of Fulton County and in revenue certificates of Fulton County, or any department, board, or authority of Fulton 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 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 amended by the Act approved March 30, 1943 (Ga. L. 1943, p. 995, et seq.) be further amended as follows: Section 1. There shall be added at the end of section 3 of said Act as amended, the following words to wit: The pension board is specifically authorized to invest said pension funds in general obligation bonds and in revenue certificates of Fulton County, or any department, Page 2669 board or authority of Fulton County, subject only to the qualification that the validity of same shall be certified by the opinion of recognized bond counsel. Section II. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section III. 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. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. CITY OF LAWRENCEVILLE CHARTER AMENDED. No. 256 (Senate Bill No. 171). An Act to amend an Act creating a new charter for the City of Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, so as to increase the city 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 Lawrenceville, approved August 19, 1912 (Ga. L. 1912, p. 1043), as amended, is hereby amended by adding to the end of section 3 of said Act, the following: The Corporate limits of said City of Lawrenceville shall also include the following described territory, towit: Corporate limits. Page 2670 All that tract or parcel of land lying and being in land lots 116, 141, 142 and 143 of the 5th land district of Gwinnett County, Georgia, and being more particularly described as follows: Beginning at a point on the original land line between land lots 141 and 148, where the present city limits of the City of Lawrenceville intersects said original land line, and running thence along said original land line in a southeasterly direction to the original corner common to land lots 140, 141, 148 and 149; thence in a southwesterly direction along the original line between land lots 140 and 141 and continuing along the same course on the original land line between land lots 116 and 117 to a point 1703.3 feet from the original corner common to land lots 116, 117, 140 and 141; thence north 30 degrees west to the center of the old Lawrenceville-Five Forks Road; thence in a northeasterly direction along the center of said old Lawrenceville-Five Forks Road to the original land line between land lots 116 and 141; thence along said original land line between land lots 116 and 141 in a northwesterly direction, and continuing along said original line along the southwest side of land lots 142 and 143 to the center of the Lawrenceville-Decatur Highway (U. S. highway No. 29); thence in a northeasterly direction along the center of said highway to the present city limits of the City of Lawrenceville; thence following the present city limits of the City of Lawrenceville in a southeasterly direction to the point of beginning. Section 2. An election shall be held on the 23rd day of March, 1957, at the City Hall in Lawrenceville, Georgia, for the purpose of determining whether or not this Act shall become effective. At least ten days before said election, the mayor and council of the City of Lawrenceville shall cause a list to be made of the registered voters residing in the territory to be affected by this Act. Only those persons who, on the date of the approval of this Act, resided in the territory to be annexed to the City of Lawrenceville by this Act, and who were registered voters qualified to vote in the last general election held in November, 1956, shall be eligible to vote in said Page 2671 election. Those voting in favor of said annexation shall have written or printed on their ballots the words: Referendum. For annexation to the City of Lawrenceville, and those against said annexation shall have written or printed on their ballots the words: Against annexation to the City of Lawrenceville. Except as herein provided to the contrary, all laws, ordinances, rules and regulations governing the management, conducting and returning the results of an election in the City of Lawrenceville for the election of officials of said city shall apply to said election. If a majority of those persons voting in said election shall vote against annexation to the City of Lawrenceville, then this Act shall not become effective. If a majority of those voting in said election do not vote against said annexation then this Act shall become of full force and effect on the 1st day of April, 1957. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. FULTON COUNTYFIRE PREVENTION DISTRICTS. No. 258 (Senate Bill No. 100). An Act to amend an Act entitled An Act to establish a method for providing fire prevention systems in the unincorporated protion of Fulton County;... and for other purposes approved Feb. 21, 1951 (Ga. L. 1951, p. 3068, et. seq.) as amended by the Act approved Feb. 8, 1955 (Ga. L. 1955, p. 2275 et. seq.) so as to eliminate the cost of installing, maintaining and Page 2672 supplying fire hydrants from the cost of fire prevention required to be assessed in a fire district, and that such cost may be borne otherwise; to increase the sums which may be expended for fire prevention and protection without creation of a fire district to $30,000 per annum; to repeal conflicting provisions; 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 establish a method for providing fire prevention systems in the unincorporated portion of Fulton County;... and for other purposes approved Feb. 21, 1951 (Ga. L. 1951, p. 3068, et. seq.) as amended by the Act approved Feb. 8, 1955 (Ga. L. 1955, p. 2275, et. seq.) be further amended as follows: Section 1. The word hydrants in line two of section 2 of said Act shall be stricken, so that said section 2 when so amended shall read as follows: Section 2. As used in this Act, the term `fire prevention system' may include fire stations and the equipment thereof and such fire engines, material, equipment and supplies, together with personnel to operate the same, as may be necessary to furnish fire protection in one or more portions of the unincorporated area of Fulton County. Definitions. Section II. The period at the end of section 8 shall be stricken and there shall be inserted in lieu thereof a semicolon and there shall be added the following language, to wit: Provided the cost of installing, maintaining and supplying with water, any fire hydrant which is an appurtenance of any water system, may be borne by Fulton County out of any revenue of the county, either raised for such purpose, or which is not specifically appropriated or required by law to be spent for some other purpose. Such expense of installing, maintaining and supplying such fire hydrant with water is hereby declared to be a matter in which all citizens of the county have an interest and for which the county may contract, Page 2673 separately, or as a part of a contract for water service, with any other county, or with any municipality, or may construct, operate and supply same from its own resources and facilities without regard to the limitations of this statute relating to fire fighting and prevention systems., so that said section when so amended shall read as follows: Section 8. If the Board of Commissioners of Roads and Revenues of Fulton County shall provide any fire prevention system or any of the facilities of such a system in any unincorporated area of said county, as authorized by this Act, it shall establish and administer one or more fire districts in such unincorporated area, and the full cost of establishing, maintaining and operating any such system, or any of the facilities thereof, shall be defrayed by the levy and collection of a tax or an assessment, or both, on the property or property owners within each such district, without uniformity between districts, for such purposes; provided the cost of installing, maintaining and supplying with water, any fire hydrant which is an appurtenance of any water system, may be borne by Fulton County out of any revenue of the county, either raised for such purpose, or which is not specifically appropriated or required by law to be spent for some other purpose. Such expense of installing, maintaining and supplying such fire hydrant with water is hereby declared to be a matter in which all citizens of the county have an interest and for which the county may contract, separately, or as a part of a contract for water service, with any other county, or with any municipality, or may construct, operate and supply same from its own resources and facilities without regard to the limitations of this statute relating to fire fighting and prevention systems. Section III. The words and figures twenty-two thousand ($22,000.) in lines 15 and 16 of section 6(b) shall be stricken and there shall be inserted in lieu thereof the words and figures thirty thousand ($30,000.), and the words and figures eleven thousand ($11,000.) in lines Page 2674 16 and 17 of said section 6(b) shall be stricken and there shall be inserted in lieu thereof the words and figures fifteen thousand ($15,000.) so that said section 6(b) when so amended shall read as follows: Section 6(b). Nothing herein shall be construed or applied to prevent Fulton County from establishing not more than two fire stations for the protection of lives and property against fire in the unincorporated areas of Fulton County. One of such stations shall be located in the unincorporated area north of the limits of the City of Atlanta and one of such stations shall be located in the unincorporated area south, southwest or west of the city limits of College Park, East Point and Atlanta (the city limits of said respective municipalities being the northern-most point of the unincorporated area in south Fulton County). In each station the personnel employed shall be limited to one full-time employee at any time and the total expenditure for equipment, supplies and salaries shall be limited to the sum of thirty thousand ($30,000.) dollars per annum, that is to say, fifteen thousand ($15,000.) dollars per annum for each of said stations, provided, however such limitation shall not apply to the expenditure of any bond funds for capital purposes or to the expenditure of any sums raised by taxation upon the district benefited by the erection and maintenance of a fire station, or to the expenditure of any funds contributed or donated by any person, firm or corporation for such purposes, or to the expenditure of any funds received under contract by Fulton County for furnishing fire service to any person, firm or corporation within the unincorporated areas, all of such expenditure being authorized in addition to limitation from general funds which Fulton County is authorized to expend under the provisions of this Act. Section IV. All laws and parts of laws in conflict herewith be and they are hereby repealed. Section V. A copy of the notice of intention to apply for this local legislation is attached hereto and made a Page 2675 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. Affidavit of publication attached to enrolled copy. Approved March 7, 1957. CITY COURT OF LYONS. No. 259 (House Bill No. 458). An Act to amend an Act creating the City Court of Lyons, approved August 27, 1931 (Ga. L. 1931, p. 343) as amended particularly by Acts approved March 24, 1933 (Ga. L. 1933, p. 341) and February 5, 1952 (Ga. L. 1952, p. 2043), so as to increase compensation of the judge and solicitor of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the City Court of Lyons, approved August 27, 1931 (Ga. L. 1931, p. 343) as amended particularly by Acts approved March 24, 1933 (Ga. L. 1933, p. 341) and February 5, 1952 (Ga. L. 1952, p. 2043) is hereby amended by striking from section 3 of said Act the words and figures three thousand ($3,000.00) and substituting in lieu thereof the words and figures three thousand six hundred ($3,600.00) so that section 3 when so amended shall read as follows: Section 3. Be it further enacted by the authority aforesaid that the Judge of the City Court of Lyons shall receive a salary of three thousand six hundred ($3,600.00) dollars per annum, and shall be paid monthly out of the treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County. The judge of said court Page 2676 shall as such receive no other compensation, but may practice law in any court except the City Court of Lyons, and may hold office or offices except those he is expressly prohibited by law from holding. Judge's salary. Section 2. Said Act is further amended by striking from section 6 the words and figures twenty-four hundred ($2,400.00) and substituting in lieu thereof the words and figures three thousand three hundred $3,300.00) so that section 6 when so amended shall read as follows: Section 6. Be it further enacted by the authority, aforesaid, that the salary of the solicitor of said city court shall be three thousand three hundred ($3,300.00) dollars per annum, and shall be paid monthly out of the treasury of the County of Toombs, by the person or persons charged by law with the paying out of the money of Toombs County. Said solicitor shall receive, for representing the State in the appellate court of this State, the same compensation now paid by the State to solicitors-general of superior courts for like services. Said fee to be paid by the State in the same manner that same are now paid solicitors-general. The solicitor of said city court shall as such receive no other compensation, but may practice law in any court or courts and may hold any office or offices except those which he is expressly prohibited by law from holding. Solicitor's salary. 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, 1957 session of the General Assembly of Georgia, a bill to change the salaries of the Judge and Solicitor of the City Court of Lyons and for other purposes. 4c-3t-tc This 21st day of Jan. 1957. /s/ Hoyle R. Yandle, Representative Toombs Co. Page 2677 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hoyle R. Yandle, who, on oath, deposes and says that he is representative from Toombs County, and that the attached copy of notice of intention to introduce local legislation was published in the Lyons Progress which is the official organ of said county, on the following dates: January 24 and 31, and February 7, 1957. /s/ Hoyle R. Yandle Representative, Toombs County. Sworn to and subscribed before me this 11 day of February, 1957. /s/ Janette Hirsch Notary Public Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 7, 1957. CITY OF CHAMBLEE CHARTER AMENDED. No. 260 (House Bill No. 341). An Act to amend an Act approved March 28, 1935, Ga. L. 1935, pp. 976, 994), creating a new charter for the City of Chamblee, and to amend all Acts amended by said Act, and to amend all Acts amendatory of said several Acts, so as to authorize the mayor and council of said municipality to increase sanitary taxes therein; to provide for a hearing before the mayor and council, if desired, before the discharge of a full-time employee shall become final; and for other purposes. Be it enacted by the General Assembly of Georgia, Page 2678 and it is hereby enacted by authority of the same, that the Act creating a new charter for the City of Chamblee, approved March 28, 1935, (Ga. L. 1935, pp. 976, 994), and all Acts amended by said Act, and all Acts amendatory of said several Acts be, and the same are, hereby amended as follows: Section 1. That section 15 of article 1 of said Act of 1935 (Ga. L. 1935, pp. 976-994) as amended by the Act approved February 19, 1953 (Ga. L. 1953, Jan.-Feb. Sess., pp. 2447, 2451, inclusive), be, and the same is, hereby amended by striking from said section as amended the following: Sanitary tax. Said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its limits which is improved with a dwelling or business structure, such tax not to exceed six ($6.00) dollars per annum for each dwelling, or separate unit occupied as a dwelling, and not to exceed twelve ($12.00) dollars per annum for each business place, or each unit occupied separately as a place of business, and inserting in lieu of said stricken portion the following: Said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its limits which is improved with a dwelling or business structure, such tax not to exceed nine ($9.00) dollars per annum for each dwelling, or separate until occupied as a dwelling, and not to exceed twelve ($12.00) dollars per annum for each business place, or each unit occupied separately as a place of business, so that said section, when so amended, shall read as follows: Section 15. Said municipality shall have the power to construct, repair, and maintain sewers, drains and disposal plants as shall be necessary for proper sanitation, to collect and dispose of garbage and refuse matter, and to contract for, license and regulate the collection and disposal of garbage and refuse matter. Said municipality Page 2679 shall have the power to pass all reasonable bylaws, ordinances and resolutions regulating said matters or in anywise appertaining thereto; said municipality shall have authority to levy a sanitary tax against each owner of each parcel of improved real property within its limits which is improved with a dwelling or business structure, such tax not to exceed nine ($9.00) dollars per annum for each dwelling, or separate unit occupied as a dwelling, and not to exceed twelve ($12.00) dollars per annum for each business place, or each unit occupied separately as a place of business. Section 2. Be it further enacted by the authority aforesaid, and it is hereby enacted by said authority, that on and after the passage and approval of this Act, whenever any full-time employee of the City of Chamblee shall be discharged by the mayor, or by any department head, or by any officer or other person acting for the City of Chamblee with the mayor's approval, such person discharged or sought to be discharged shall have the right, if he or she so desires, to request a hearing before the mayor and council. Such request to be made within ten (10) days (Sundays and legal holidays excepted), after notice of discharge given. Such request may be made orally or in writing, and may be made to and through the mayor, the city clerk (unless personally concerned), or any member of the city council. Whenever such a request is made following the giving of notice of discharge, it shall be the duty of the mayor and council to grant a hearing and review as soon as all members of the council can attend, at either a regular meeting, or a special meeting. A majority vote of all members of the council shall be necessary to effect the discharge of such employee when such notice given, request for hearing made, and hearing had. Hearings for discharged employees. Section 3. 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 the provisions of this Act, be, and the same are hereby repealed. Section 4. Be it further enacted by the authority Page 2680 aforesaid, and it is hereby enacted by authority of the same, that there is attached hereto and made a part hereof the published notice of intention to apply for local legislation relating to the matters mentioned in this Act, with proof of publication of the same, which is also made a part hereof, all in full compliance with the requirements of the Constitution and laws of this State, and in full compliance therewith. Notice of Intention to Apply for Local Legislation. Notice is hereby given that the mayor and council of the City of Chamblee will apply to the General Assembly of Georgia, at the January, 1957, session, to amend an act creating a new charter for the City of Chamblee, approved March 28, 1935, (Ga. L. 1935, pp. 976, 994), and all acts amended by said act, and all acts amendatory of said acts, so as to authorize an increase in sanitary taxes; to provide for hearing before the mayor and council before discharge of certain employees becomes final; and for other purposes. By order of the Mayor and Council, City of Chamblee. This the 18th day of December, 1956. Carl T. Hudgins, Attorney for City of Chamblee. 12-20-3t. 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 Page 2681 publication being December 20, 1956, December 27, 1956 and January 3, 1957. The DeKalb New Era /s/ W. H. McWhorter, W. H. McWhorter, Managing Editor. Sworn to and subscribed before me this 7th day of January, 1957. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia My Commission expires Dec. 18, 1957. (Seal). Approved March 7, 1957. MUSCOGEE COUNTYGROUP INSURANCE FOR EMPLOYEES. No. 262 (House Bill No. 352). An Act to authorize the commissioners of roads and revenues of Muscogee County to provide group insurance for county employees and to contract therefor with any insurance company qualified to write any type of group insurance under the laws of Georgia; to provide for partial payments of the premiums by such county employees; to provide that the governing authority of Muscogee County shall be authorized to provide rules and regulations regarding participation or enrollment of county employees in said plan or plans of said group insurance; to provide that all such policies of such group insurance shall be paid for jointly by the employees and by Muscogee County; to provide that on all forms of group insurance the commissioners of roads and revenues shall determine from time to time the portion of the premium which each employee shall pay and any balance of the premium to be paid by Muscogee County; and for other purposes. Page 2682 Be it enacted by the General Assembly of Georgia as follows: Section 1. The commissioners of roads and revenues of Muscogee County are hereby authorized to provide any type of group insurance for county employees. Authority to purchase group insurance. Section 2. In connection therewith the county authorities may enter contracts with any insurance company qualified under the laws of Georgia to write any type of group insurance. Section 3. The commissioners of roads and revenues of Muscogee County are hereby authorized to provide rules and regulations regarding participation or enrollment of county employees in said plan or plans of groups insurance, and in the administration thereof, consistent with the specific provisions of this Act. Section 4. The premiums on all such policies of group insurance shall be paid jointly by the enrolled employees and by Muscogee County. For any form of group insurance, the commissioners of roads and revenues of Muscogee County may determine from time to time the portion of the premium which each employee shall pay, with any balance of the premium to be paid by Muscogee County. All premiums referred to in this section shall be gross premiums, and Muscogee County shall be entitled to receive any dividends, premium reductions or premium refunds which may accrue and be payable under any and all forms of group insurance which may be purchased, the same to be credited to the county as a reduction to its portion of the premium cost. The employees' portion of the cost of all group insurance shall be deducted from their pay, and the county's portion of such cost shall be paid out of the county treasury, which payment by Muscogee County shall be deemed made for services rendered to such county, and for the welfare and protection of such employees thereof. Premiums. Page 2683 Section 5. All laws or parts of laws in conflict herewith be and the same are hereby repealed. Section 6. 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. 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 in January, 1957, for the enactment of a bill to be entitled An Act to authorize the commissioners of roads and revenues of Muscogee County to provide group insurance for county employees and to contract therefor with any insurance company qualified to write any type of group insurance under the laws of Georgia; to provide that the governing authority of Muscogee County shall be authorized to provide rules and regulations regarding participation or enrollment of county employees in said plan or plans of said group insurance; to provide that all such policies of such group insurance shall be paid for jointly by the employees and by Muscogee County; to provide that on all forms of group insurance the commissioners of road and revenues shall determine from time to time the portion of the premium which each employee shall pay and any balance of the premium to be paid by Muscogee County; and for other purposes. Board of Commissioners of Roads and Revenues of Muscogee County, Georgia /s/ By Charles M. Evert Charles M. Evert, County Attorney. Page 2684 Georgia, Muscogee County: In person appeared before the undersigned officer, who is duly authorized by law to administer oaths, M. R. Ashworth, who, being duly sworn, deposes and says on his oath that he is publisher of the Columbus Ledger, the daily newspaper in which sheriff's advertisements for the locality affected are published; and that the foregoing notice of an intention to apply for the enactment of a bill to be entitled An Act to authorize the commissioners of roads and revenues of Muscogee County to provide group insurance for county employees and to contract therefor with any insurance company qualified to write any type of group insurance under the laws of Georgia; to provide that the governing authority of Muscogee County shall be authorized to provide rules and regulations regarding participation or enrollment of county employees in said plan or plans of said group insurance; to provide that all such policies of such group insurance shall be paid for jointly by the employees and by Muscogee County; to provide that on all forms of group insurance the commissioners of roads and revenues shall determine from time to time the portion of the premium which each employee shall pay and any balance of the premium to be paid by Muscogee County; and for other purposes, has been published as provided by law in said newspaper on the 17 day of January, 1957, and on the 24 and 31 day of January, 1957, within a period of sixty (60) days prior to its introduction in the General Assembly of Georgia. /s/ M. R. Ashworth M. R. Ashworth Sworn to and subscribed before me, this 31 day of January, 1957. /s/ Wallace A. Kitchens, Notary Public, Muscogee County, Georgia. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of the intention to apply to the Page 2685 General Assembly of the State of Georgia, at its session in January, 1957, for the enactment of a bill to be entitled An Act to authorize the commissioners of roads and revenues of Muscogee County to provide group insurance for county employees and to contract therefor with any insurance company qualified to write any type of group insurance under the laws of Georgia; to provide that the governing authority of Muscogee County shall be authorized to provide rules and regulations regarding participation or enrollment of county employees in said plan or plans of said group insurance; to provide that all such policies of such group insurance shall be paid for jointly by the employees and by Muscogee County; to provide that on all forms of group insurance the commissioners of road and revenues shall determine from time to time the portion of the premium which each employee shall pay and any balance of the premium to be paid by Muscogee County; and for other purposes. Board of Commissioners of Roads and Revenues of Muscogee County, Georgia By /s/ Charles M. Evert Charles M. Evert, County Attorney. 1-17, 24, 31. Approved March 7, 1957. FRANKLIN COUNTYTREASURER'S SALARY. No. 263 (House Bill No. 451). An Act to amend an Act fixing the salary of the treasurer of Franklin County, approved August 19, 1916 (Ga. L. 1916, p. 412), as amended, particularly by an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2386), by increasing the compensation paid to said treasurer; to repeal conflicting laws; and for other purposes. Page 2686 Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the salary of the treasurer of Franklin County, approved August 19, 1916 (Ga. L. 1916, p. 412), as amended, particularly by an Act approved December 11, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2386), is amended by striking from section 1 thereof, the words and figures ten hundred twenty ($1,020.00) dollars and inserting in lieu thereof the words sixteen hundred twenty dollars ($1,620), so that said section, as amended hereby, shall read as follows: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same, that from and after approval of this Act, the compensation of the treasurer of Franklin County shall be sixteen hundred twenty dollars ($1,620.00) per annum. The annual premium on the surety bond of such treasurer to be paid out of the treasury of Franklin County quarterly. 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 1957 session of the General Assembly of Georgia legislation to raise the compensation of the tax commissioner and of the treasurer of Franklin County; and for other purposes. This 21st day of January, 1957. G. R. Harrison, Representative Franklin County. 2-7. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. R. Harrison, who, on oath, deposes and says that he is representative Page 2687 from Franklin County, and that the attached copy of notice of intention to introduce local legislation was published in the Carnesville Herald and Advance which is the official organ of said county, on the following dates: January 24, 31, and February 7, 1957. /s/ G. R. Harrison, Representative, Franklin County. Sworn to and subscribed before me this 11 day of February 1957. /s/ Frances Y. Read Notary Public Fulton Co. Approved March 7, 1957. CITY OF DOUGLASVILLE CHARTER AMENDED. No. 264 (House Bill No. 465). An Act to amend an Act creating a new charter for the City of Douglasville in the County of Douglas, approved March 1, 1937 (Ga. L. 1937, p. 1737) as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 1335), an Act approved March 27, 1941 (Ga. L. 1941, p. 1351), and an Act approved February 19, 1951 (Ga. L. 1951, p. 2458) so as to provide that a vacancy shall exist on the city council by virtue of a councilman's removal of residence outside of his ward; to change the times that the polls in all elections held in the city shall be held open; to change the voting age; to change the compensation of the mayor and councilmen; to change the date for which all property, both real and personal, shall be returned and subject to taxation and the dates the books shall be kept open for recording same; to change the time of appointment and compensation of the city tax assessors; to authorize the mayor and council to make certain improvements in the city without request or Page 2688 petition; to provide that such improvements shall be afforded the property owners at the cost to the city; to provide for a citizens committee which shall be present at the opening of bids and the letting of contracts for such improvements to the city; to provide conditions for accepting property in any new subdivision or furnishing water or sewage to any new subdivision; 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 Douglasville in the County of Douglas, approved March 1, 1937 (Ga. L. 1937, p. 1737) as amended by an Act approved March 27, 1941 (Ga. L. 1941, p. 1335), an Act approved March 27, 1941 (Ga. L. 1941, p. 1351), and an Act approved February 19, 1951 (Ga. L. 1951, p. 2458) is hereby amended by inserting in the last sentence of section 7, between the words resignation and the word removal, the words removal of residence outside his ward, so that section 7, as so amended, shall read: Section 7. Be it further enacted by the authority aforesaid, that any person, a resident of the City of Douglasville, 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 Douglasville, shall be eligible to the office of mayor and the three (3) councilmen from the city at large, and the remaining four (4) councilmen, one (1) from each of the four (4) wards of said city, must, in addition to the above qualifications, be a resident of the ward from which he is elected at the time of said election. 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. Mayor and council. Be it further enacted by the authority aforesaid, that Page 2689 in the event the office of mayor should become vacant by death, 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 court 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 Douglas 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 and in that evnet, 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 fourth Wednesday in December, then, in that event no special election shall be called or held, and vacancy shall be filled by mayor protem., 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 became vacant by death, resignation, removal, removal of residence outside his ward, 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. Section 2. Said Act is further amended by striking from section 9 the words 6 o'clock a. m. until 6 o'clock p. m. and by substituting in lieu thereof the words 7 o'clock a.m. Eastern Standard Time until 7 o'clock p. m. Eastern Standard Time, so that section 9, as so amended, shall read: Hours of election. Section 9. Be it further enacted, That all elections Page 2690 held in and for said town under the provisions of this Act and all elections in which any subject or question is submitted to the qualified voters of said town, 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 town, 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 free-holders (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 town, 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 town shall be open from 7 o'clock a. m. Eastern Standard Time until 7 o'clock p. m. Eastern Standard Time, 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 Douglas County. The other list of voters and tally-sheet shall be filed by the managers with the mayor and council of said town, 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 town, after the meeting and adjournment of the session of the grand jury of Douglas 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 Page 2691 said town are authorized and empowered to adopt such further reasonable rules for the conduct of elections in said town as they may deem proper. Section 3. Said Act is further amended by striking from paragraph (c) of section 10, the word and figure twenty-one (21), and by substituting in lieu thereof the word and figure eighteen (18), so that paragraph (c) of section 10, as so amended, shall read: (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 town election) and possess all the qualifications necessary under the Constitution of the State of Georgia to entitled me to vote for members of the General Assembly from the County of Douglas, and that I have bona fide and continuously resided in the Town of Douglasville, as a citizen thereof, for three (3) months (or will have by the time of the next town 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. Voters. Section 4. Said Act is further amended by striking paragraph (a) of section 17 in its entirety, and by substituting in lieu thereof a new paragraph (a) to read: Salaries. (a) the salary of the mayor shall not exceed five hundred ($500.00) per annum, nor shall the salary of any councilman exceed two hundred ($200.00) dollars per annum. All salaries shall be paid in equal monthly installments from the funds of the city. Section 5. Said Act is further amended by striking from section 26 the words April 1 of each year; and Page 2692 the books for recording same shall be open on April 1 and close on June 1, and by substituting in lieu thereof the words January 1 of each year; and the books for recording same shall be open from January 1 through March 31, so that section 26, as so amended, shall read as follows: Section 26. Be it further enacted, That all persons owning property in said town shall be required to make a return under oath, annually, to the board of tax assessors of said town, of all their property, real and personal, subject to taxation by said town, as of January 1 of each year; and the books for recording same shall be open from January 1 through March 31 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 6. Said Act is further amended by striking from section 27 the words on or before the first regular meeting in March, the word and figure five ($5.00) and the word June and by substituting in lieu thereof the words at their first meeting in January, the words and figure ten ($10.00) dollars, and the word April, respectively, so that section 27, as so amended, shall read: Section 27. Be it further enacted, That the mayor and council of said town, within a reasonable time after the approval of this Act, and annually thereafter at their first meeting in January shall elect three upright freeholders in said town as a board of tax assessors. The mayor and council shall fix the per diem compensation of said tax assessors, which shall not exceed ten ($10.00) dollars 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 assessors to assess the value of all real estate and personal property subject Page 2693 to taxation by said town, for the purpose of taxation by said town, 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 hereinbefore required, by the first day of April 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 thirty 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 town shall be served personally or by leaving notice at their most notorious place of abode; and the mailing of said 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. Section 7. Said Act is further amended by striking therefrom section 33 in its entirety. Section 8. Said Act is further amended by striking therefrom section 34 in its entirety and substituting a new section 34 to read: Section 34. The City of Douglasville shall, through its mayor and council, or any authority created for such purpose, have full power and authority to establish, equip, maintain, modify, extend and improve a system of water mains, sewerage and drains and to grade, pave and surface any street, road or sidewalk, or parts of any Page 2694 street, road or sidewalk, in the corporate limits of said city and to do such other work and improvements as they deem necessary, and assess the cost of the same pro rata against the abutting property owners thereof, one-half of the cost to each side of said street, or road, and all of the cost on the abutting owners in the case of sidewalk, sewers and drains, whether the owners of said abutting property be individuals, firms, partnerships, railroads, or corporations, each lot or parcel of land abutting upon said improvement shall be charged on a basis of lineal-foot frontage at an equal rate per foot of such frontage with its just pro rata of the entire cost of said improvement, the frontage of intersecting streets shall be assessed as real estate abutting upon the improvement, and the city shall be deemed to be the owner thereof. All such works or improvements shall be afforded to the property owners at the cost of the same to the city and no additional charge shall be made. All such works and improvements to the city may be made by the mayor and council or such authority without request or petition by the property owners; provided, notice shall be given to all the property owners to be affected by any work or improvement determined to be made by the mayor and council or such authority, and said affected property owners shall be given at least four days in which to appoint a committee of not more than five citizens among them, which committee shall be given the notice and opportunity to be present at the opening of bids and when the contract is let for any such work or improvement. No property owner shall be made to bear the cost of any work or improvement made contrary to the provisions of this section, but all such costs shall be borne by the city. Powers of mayor and council. (a) When the mayor and council or such authority shall have determined that the work or improvements should be done, the mayor and council or such authority shall adopt a resolution reciting such determination to proceed with the said improvement, stating the kind of improvement and defining the extent and character of the same, and other such matters as may be necessary Page 2695 to instruct the engineer employed by said city in the performance of his duties in preparing for such improvement the necessary plans, plats, profiles, specifications, and estimates. The resolution shall set forth any and all such reasonable terms and conditions as said mayor and council or such authority shall deem proper to impose with reference to the letting of the contract and the provisions thereof; and said mayor and council or such authority shall by said resolution provide that the contractor shall execute to the city a good and sufficient bond as provided in sections 23-1705 to 23-1709 of the Code of Georgia of 1933, as amended, and may require a bond in an amount to be stated in such resolution for the maintenance of good conditions of such improvements for a period of not less than five years from the time of its completion, or both, in the discretion of said mayor and council or such authority. Said resolution shall also direct the clerk of said municipality to advertise for sealed proposals for furnishing the materials and performing the work necessary in making such improvements. (b) 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 extension against the property to which said extensions are made, and in the same manner as assessments for street paving are made and collected. (c) The mayor and council or such authority shall not accept any property in a new subdivision nor furnish any water or sewage in any new subdivision until the owners of such proposed subdivision shall have submitted a plat of the proposed subdivision to the mayor and council for their approval and shall have posted good security with the clerk of the city for the cost of the grading, paving, Page 2696 or surfacing, or all of these, of all streets, roads and sidewalks, six (6) inch watermains for fire protection purposes and sewage lines. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Legal Legislation Notice is hereby given that there will be introduced at the 1957 session of the General Assembly of Georgia, legislation to amend the charter as amended of the City of Douglasville as follows: Should any councilman elected from any of the designated wards, during the term of his or her office, remove from the limits of said ward or cease to be a bona fide resident thereof, his or her office shall thereby become vacant and said vacancy shall be filled by election of some person qualified to fill such vacancy by the then remaining councilmen. To provide for the opening and closing of all polls for all City election as follows, to wit: 7 a. m. Eastern Standard Time to 7 p. m. Eastern Standard Time. To provide for a revision of the present oath required of all persons registering to vote in the City elections by substituting the words 18 years of age in lieu of 21 years of age in order that all persons otherwise qualified could register and vote on becoming 18 years of age. To provide that the maximum salary for the mayor shall not exceed $500.00 per annum; nor that of any councilman to exceed $200.00 per annum. To provide that the per diem compensation of the appointed city tax assessors shall not exceed $10.00 per day. To provide for all persons owning property in the City of Douglasville be required to make a return of same to Page 2697 the board of tax assessors under oath, annually of all of their property, as of January 1 and not later than March 31; and the books for recording same to be open on January 1 and close on March 31 of each year. To provide for the election by the mayor and council of three freeholders as a board of tax assessors at the 1st regular meeting in January of each year. To provide for the mayor and councils authority to grade, page, and/or surface any street, road or sidewalk within the corporate limits of the City of Douglasville and assess the cost of same on a pro rata basis to the abutting property owners, without any request and/or petition from the property owners. To provide for the mayor and councils authority to lay water mains and/or sewage lines within the corporate limits of the City of Douglasville and assess the cost of same against the property owners to whom such lines will serve. To provide that the City of Douglasville will not accept any property in any new sub-division nor furnish any water and/or sewage in any new sub-division until the owners of such sub-division have submitted a plat of the proposed sub-division to the mayor and council for their approval and post good security with the clerk of the city for the cost of grading, paving, and/or surfacing of all streets, roads and sidewalks, 6 watermains for fire protection purposes and sewage lines. Alpha A. Fowler, Jr., Representative, Douglas County, Georgia. J18/25/F1 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Alpha A. Fowler, Jr., who, on oath, deposes and says that he is Page 2698 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: January 18, January 25 and February 1, 1957. /s/ Alpha A. Fowler, Jr. Representative, Douglas County. Sworn to and subscribed before me this 11 day of Feb., 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 7, 1957. DEKALB COUNTYBOND COMMISSION. No. 265 (House Bill No. 524). An Act to create a bond commission for DeKalb County, Georgia; to provide for its membership and duration; to define its duties; to provide compensation for its members; 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, there is created in and for the County of DeKalb a bond commission to be composed of eleven members including the chairman of the board of commissioners of roads and revenues of said county, who is hereby made an ex-officio member, which bond commission is given the sole and exclusive power in performing the duties hereinafter provided. Bond commission created. Section 2. The first members of said bond commission Page 2699 shall be the following: Charles O. Emmerich, Donald R. Wilson, Henry E. Newton, Thomas O. Davis, Hugh C. Rowland, Mrs. Douglas N. McCurdy, George Munn, Rufus Evans, S. A. Council, W. A. Chapman, and Claude H. Blount, the present chairman of the board of commissioners of roads and revenues of said county. Members named. The ex-officio member shall serve so long as he remains in office as chairman of the board of commissioners of roads and revenues of said county and his term of office on said bond commission shall expire when and if he shall cease to be the chairman of the board of commissioners of roads and revenues of said county and he shall be succeeded by the chairman of the board of commissioners of roads and revenues who succeeds to that office. The other members of said commission shall serve for a term of four years beginning January 1, 1957 and until their successors shall be named as hereinafter provided. In case a vacancy in the commission shall result from death, resignation or otherwise, such vacancy shall be filled by the remaining members of the commission. The successors to the original ten members of the bond commission, other than the ex-officio member, or such persons chosen to fill any unexpired terms of the original ten members, shall be elected for a four year term by the December 1960 grand jury of DeKalb County. Section 3. Be it further enacted by the authority aforesaid that it shall be the duty of the bond commission and it is empowered to make a study of the capital fund requirements for the orderly progress and development of the county; to make recommendations of purposes and amounts to be included in any bond issue proposed to the voters and to supervise the expenditures of all monies raised by the issuance and sale of all direct obligation bonds of DeKalb County. Where the expenditure of such bond funds is involved, it shall approve the execution of any and all contracts and the employment Page 2700 of architects and engineers; approve the compensation therefor; determine the roads and bridges to be constructed and repaired; the location of any parks or public buildings to be acquired, constructed or improved; and shall do any and all acts which may be necessary and proper to provide for the expenditure of said funds for the best interests of said county. Duties. Section 4. That said bond commission is also authorized and empowered to invest any and all monies raised by the issuance and sale of said bonds which cannot be immediately used for the purposes for which said bonds were voted, in any securities which are now legal investments for sinking fund purposes. Same. Section 5. Said commission shall keep full and accurate minutes of all meetings of said commission and shall exercise the powers herein authorized by resolutions duly and regularly adopted at such meetings, which resolutions shall have binding effect upon the board of commissioners of roads and revenues of said county and any other officers of said county who may be affected thereby. Said commission shall provide the time and place for its regular meetings and the means and methods of calling special meetings and a majority of the commission shall constitute a quorum and the actions at any meeting where such a quorum is present shall be binding upon the entire commission. Said commission shall elect one of its number as chairman, one as vice chairman and one as secretary, who shall perform the usual duties of such offices and such other duties as may be prescribed by the commission. The ex-officio member shall not be eligible for any of said offices. All meetings at which official action shall be taken shall be open to the public. Organization of commission. Section 6. Each member of said bond commission shall receive per diem compensation for his services to be fixed by the board of commissioners of roads and revenues not in excess of twenty ($20.00) dollars for each meeting in said commission which he attends; however, Page 2701 said commission is authorized to pay not in excess of twenty ($20.00) dollars per day for any actual services rendered by any member of said commission, who renders such service upon direction by said commission. Compensation. Section 7. The powers and authority herein granted to said bond commission shall terminate when all monies arising from the sale of the general bond issues voted prior to January 1, 1961 have been expended. Termination of commission. Section 8. The bond commission created pursuant to the Act creating a bond commission for DeKalb County approved January 25, 1945 (Ga. L. 1945, pp. 493-496) as amended, is abolished and the unexpended bonds outstanding shall be administered under the terms of this Act. Present bond commission abolished. Section 9. 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 intend to apply to the 1957 session of the General Assembly of Georgia, which convened in January, 1957, for the passage of local legislation to create a bond commission for DeKalb County, Georgia; to define its duties; to provide for selection of and compensation for its membership, and for other purposes. This 16th day of January, 1957. W. Hugh McWhorter, James A. Mackay, Guy W. Rutland, Jr. 1-17-3t Georgia, DeKalb County. Personally appeared before me a notary public, the undersigned W. H. McWhorter, who on oath says that Page 2702 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 three weeks as required by law; said dates of publication being January 17, 1957, January 24, 1957 and January 31, 1957. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing Editor. Sworn to and subscribed before me this 31 day of January, 1957. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My Commission Expires Dec. 18, 1957. (Seal). Approved March 7, 1957. NEW CHARTER FOR THE CITY OF POULAN. No. 266 (House Bill No. 414). An Act to create and establish a new charter for City of Poulan; to prescribe the rights, powers, government and jurisdiction of said city; to define the corporate limits proper of said city; to provide that no valid or existing contract of the former City of Poulan shall be affected by this Act; to repeal any parts of `An Act to create and incorporate the City of Poulan, in the County of Worth', etc., approved August 21, 1906, (Ga. L., 1906, pp. 988, 1004), as amended, conflicting herewith; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2703 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 Poulan, Worth County, Georgia, hereinafter described, be, and they are hereby continued incorporated under the name and style of the City of Poulan, 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 Poulan 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 City of Poulan 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 Poulan 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 purposes. Said City of Poulan, 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 City of Poulan as heretofore incorporated, and all existing valid contracts of the city as hereinbefore incorporated remain unaffected hereby and are hereby continued and confirmed; and ordinances not conflicting with this Act remain in effect. Reincorporated. Section 2. Be it further enacted by the authority aforesaid, that the corporate limits of said city shall be Page 2704 the same as heretofore incorporated, and shall embrace the following territory, to-wit: one mile square in land lots Nos. 308, 309, 336 and 337 in 7th land district of Worth County, Georgia, the center of said square mile being in the center of the intersection of Broad Street and Cotton Avenue. Corporate limits. Section 3. That, except as otherwise provided in this charter, the municipal government and governing powers of City of Poulan are vested in a mayor and five councilmen, who shall be known as mayor and council, and they shall be elected as hereinafter provided. Mayor and council. Section 4. The present mayor, W. R. Childs, shall continue in office as mayor until December 31, 1957, and until his successor is qualified. That K. M. Odom, L. A. Welch and J. A. Gray shall continue in office as councilmen until December 31, 1957, and until their successors are qualified; and Wallace Gentry and Sam Conner shall continue in office as councilmen until December 31, 1958, and until their successors are qualified. That on the first Wednesday in December, 1957, and biennially thereafter there shall be held an election for a mayor and three councilmen, whose terms shall begin on the first day of January, 1958, and who shall serve for two years and until their successors are elected and qualified. On the first Wednesday in December, 1958, and biennially thereafter two councilmen shall be elected, whose terms shall begin on first day of January, 1959, and who shall serve for two years and until their successors are elected and qualified. Present mayor and council, elections. Section 5. That no person shall be eligible to the office of mayor or of councilman of said city unless he or she be a citizen of said city, and of the age of at least 21 years, and has resided in said city at least one year prior to his or her election, and shall be a qualified elector of said city. Should the mayor or any member of the council cease to possess any of the qualifications specified in this section, or be convicted of a crime involving moral turpitude while in office, he shall immediately forfeit his office. Qualifications for mayor and councilmen. Page 2705 Section 6. The mayor and council shall, at the first regular meeting in January in each year, or as soon thereafter as practicable, elect one of the members of council as mayor pro tem., who shall, in case of the absence or disability of the mayor from any cause. That before entering on their duties, the persons elected as mayor and members of council shall take and subscribe the following oath: I do solemnly swear that I will perform the duties of mayor (or councilman as the case may be) of City of Poulan to the best of my skill and ability, for the best interest and welfare of City of Poulan, without fear, favor or affection, so help me God. Mayor pro tem., oath Section 7. That the mayor shall preside at meetings of the council, and shall also have the power and perform the duties imposed by this charter and the ordinances of said city. He shall be recognized by the courts for the service of civil process on the city, and by the Governor for purpose of military law; and in time of public danger or emergency, shall, if so authorized by vote of the mayor and council, take command of the police, maintain order and enforce the law. He, together with any other or others as the council may designate, shall execute such written instruments on behalf of the city as may be authorized by the mayor and council. Duties of mayor. Section 8. In the event that the office of mayor shall become vacant by death, resignation, removal or otherwise, the mayor pro tem., shall act as mayor and exercise all powers and duties as mayor for the remainder of the term, provided at the time of such vacancy it is not more than six months before the expiration of said term of mayor. If, however, said unexpired term in longer than six months from the date of such vacancy, the council shall within fifteen days, or as soon thereafter as practicable, order a special election, which shall be held and managed in the same manner provided for regular elections, at which special election a successor shall be elected for the unexpired term caused by said vacancy. In like manner, in the event a vacancy occurs in the office of councilman, it shall be filled for the Page 2706 unexpired term by election by the mayor and council, provided such unexpired term does not exceed six months. If, however, such unexpired term is longer than six months from the date of such vacancy, the mayor and council shall, within fifteen days, or as soon thereafter as practicable, order a special election to fill such vacancy in the office of councilman, such special election to be held and managed in the same manner as regular elections are held. Vacancies in office of mayor or councilmen, how filled. Section 9. (a) All elections, both general and special, for whatever purpose, held in said city shall be conducted in accordance with the following provisions: Elections. (b) Prior to each election, the mayor and council shall appoint three managers to superintend such election, each of whom shall be a qualified voter of the city, and who shall take and subscribe the following oath, before entering upon their duties, to-wit: All and each of us do swear that we will faithfully manager this day's election; that we are qualified voters in said city, that we will make a just and true return thereof, and not knowingly permit any one to vote unless we believe he is entitled to do so according to the laws of the city, nor knowingly prohibit any one from voting who is so entitled by law; and will not divulge how any vote was cast, unless called on under law to do so; so help us God. The mayor and council may also appoint a clerk or clerks for each election, who shall take the oath required of the managers, insofar as it might affect said clerks. (c) All elections shall be held at the council chambers or city hall of City of Poulan, or at some other convenient place in said city designated by the mayor and council and of which notice is posted at the door of the council chamber at least ten days prior to the election. The polls shall open at 7 a. m., o'clock and close at 6 p. m., standard time. All votes shall be by secret ballot. In case any voter is unable from illiteracy or physical disability to prepare his ballot, he may be Page 2707 assisted in the same manner as provided by Georgia law from time to time in State and county elections. (d) In each election, there shall be made two lists of voters and two tally sheets; and of these one tally sheet and one list of voters and all of the ballots shall be sealed up in the ballot box, the names of the managers written across the seal, and the box and its contents shall be delivered to the clerk of council and by him safely kept until called for by lawful authority; and the remaining tally sheet and list of voters shall be retained by the managers and by them likewise kept safely until called for by lawful authority; and if same are not called for by lawful authority within sixty days after the election, the clerk of council shall procure and destroy all tally sheets, lists of voters and ballots. (e) Counting of ballots shall not begin until the polls are closed. When all of the votes are counted out, the managers shall prepare and sign a certificate, stating the number of votes each person or question, as the case may be, voted for or upon, received, and shall promptly deliver such certificate to the clerk of council for the mayor and council. The mayor and council, or so many of them as are not disqualified by being a candidate for election, shall, at the first meeting after the election, receive said returns from the clerk of council, and declare the result of the election in accordance with the certificate of the managers, which certificate and the resolution declaring the result shall be entered on the minutes of the mayor and council. (f) All persons qualified to vote for members of the General Assembly of Georgia, in the County of Worth, who have resided within City of Poulan for at least six months, and who have registered as hereinafter provided, shall be qualified to vote at any city election. (g) The clerk of council is constituted registrar of and for said city, and he shall keep open at his office a book for the registration of voters, in which book all qualified Page 2708 voters of said city may register at any time up to the closing of said book ten days prior to each election; and said book shall be closed ten days immediately preceding each election, after which closing no one shall be allowed to register until after said election. On all other business days, the said book shall be kept open for registration of voters. Before registering his name, each person shall take the following oath, which oath may be written or printed at the beginning of said book, or at the top of the page on which the voter registers, to-wit: I,..... do solemnly swear that I am a citizen of the United States; that I am at least 18 years of age; that I have resided in this State for at least one year, and in the City of Poulan for at least six months, so help me God. The registrar shall date the time of each name so registered. In the case of sickness or absence of clerk of council, any officer of the city appointed by mayor and council for that purpose may act as assistant registrar; and said registrar, and such assistant registrar, are constituted officers to administer such oath. (h) The registrar shall furnish to the managers of each election, prior to the opening of the polls, a certified copy of the city registration list arranged alphabetically, with white and colored voters being arranged separately. Prior to each election, the mayor and council are empowered to purge from the list of registered voters prepared by the registrar, the names of those who are not entitled to vote. (i) Any person voting illegally at any election held in and for said city shall be guilty of a misdemeanor and shall be punished as provided in Section 27-2506 of present Code of Georgia; and any person who shall falsely take the oath provided for in subsection (g), supra, shall be guilty of a misdemeanor and be punished as provided in said section 27-2506. Section 10. The mayor and council shall determine its own rules and order of business and have kept minutes Page 2709 of its proceedings. The mayor and two councilmen, or the mayor pro tem., and two other councilmen, shall constitute a quorum to transact business; but a smaller number present on any regular meeting date may adjourn from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. Council meetings, quorum. Section 11. The mayor and council shall constitute the legislative department of the city government, and it shall be their duty to exercise proper care over all of the interests of the city, and especially to propose such municipal legislation as they may consider proper and needful. They shall have power to punish by execution and attachments for contempt, in a penalty not to exceed $50.00, or confinement in the guardhouse not to exceed thirty days, either or both in their discretion, and to coerce the payment of fines for contempt by imprisonment; and shall have the power to enact necessary ordinances in connection with such matters. The mayor and council may provide by ordinance for the impeachment and trial of any member of said body, who, upon conviction of malpractice in office, or of any willful abuse, or neglect of the powers and duties of office, shall be dismissed from office. Any such conviction to be made by vote of at least two-thirds of the entire body, the mayor voting, except in case of his own impeachment. Reasonable notice shall be given the accused in any case. Duties of mayor and council. Section 12. By ordinance, the mayor may be paid a salary not to exceed $25.00 per month. Councilmen may be paid a salary not to exceed $15.00 per month, if so provided by ordinance. Salaries. Section 13. There shall be a mayor's court in said city for the trial of all offenders against the laws or ordinances of said city of Poulan, to be held by the mayor, or in his absence by the mayor pro tem., at the office of clerk of council, as often as may be necessary. In the case of absence or disqualification of both the mayor and the mayor pro tem., any one of the councilmen Page 2710 may hold said court. Said court shall have the power to preserve order and to compel the attendance of witnesses, and to punish for contempt by imprisonment not exceeding ten days, or fine not exceeding $50.00, either or both. Said court shall have power to punish persons convicted of violating any ordinance or other law of said city by a fine not to exceed $100.00 or by imprisonment in the guardhouse of said city for a term not to exceed thirty days, or by compulsory labor on the streets or other public works in the city workgang not to exceed thirty days, or by any or all of said punishments; and the fine may be coerced by said imprisonment or labor. And the presiding officer of said court shall have the power to bind over and to commit to jail of Worth County offenders against the laws of the State of Georgia. Any sober prisoner may give bond for his appearance at the required session of the mayor's court, such bond not to exceed the sum of $100.00, the amount to be fixed by the chief of police, or assistant chief, and the surety on the bond to be approved by the chief of police or the assistant chief. Any accused who has so given bond and who shall fail to appear at the time appointed in said bond for his or her appearance, then in such event the mayor or other presiding officer in said court shall, on the call of the case, have the chief of police or other police officer twice call aloud upon the accused and his surety for the accused to appear, and if the accused does not do so, his or her bond shall be forthwith forfeited, and judgment shall be entered upon said bond against said absent accused and his or her surety or sureties. Thereupon, the clerk of council shall issue execution against said accused and the surety or sureties, which execution shall be placed in the hands of the city marshal who shall collect the same as tax executions are collected by and for the city. In each case where a cash bond has been given, upon failure of the accused to appear, and after such double call for the accused, the said cash bond shall be forthwith forfeited by said court, and the money paid into the city treasury as the property of the city. Mayor's court. Section 14. That at the first meeting of the mayor Page 2711 and council in January of each year, or as soon thereafter as practicable, the mayor and council shall elect a clerk of council, treasurer, a marshal (who shall be chief of police), and from time to time such other officers as they may deem necessary and consistent with the city charter; and the mayor and council are empowered to regulate the time and mode of election of persons to any and all of said positions, to fix their qualifications, prescribe their oath, take bond when considered advisable, prescribe their duties and authority, fix their compensation and to remove them from office or any position which they may hold, for neglect of duty, or other sufficient cause, at their discretion. Other officials. Section 15. The clerk of council shall also be tax receiver and tax collector for said city, and within ten days after his election, he or she shall execute a bond in the sum fixed by the mayor and council, with two or more solvent sureties approved by mayor and council, or with an acceptable surety company as surety, approved by the mayor and council; and such bond shall be conditioned for the faithful discharge of all the duties of his office, and to faithfully account for and pay over all money that may come into his hands. It shall also be the duty of clerk of council to attend meetings of the mayor and council, to keep minutes of the same, and to issue subpoenas, summons, processes and executions that may be necessary; he shall issue all licenses granted by the mayor and council, keep record thereof, keep books and papers belonging to City of Poulan, attend all sessions of the mayor's court, keep proper records of all taxes and other monies collected, and perform such other duties as may be required of him by the mayor and council; and he shall receive such salary as may be fixed by the mayor and council from time to time. He shall pay out no monies of the city except on check signed by him and countersigned by the mayor or the mayor pro tem. Clerk of council duties. Section 16. That for the purpose of raising revenue for the support and maintenance of the City of Poulan Page 2712 and its government, the mayor and council of said city shall have the right and authority to assess, levy and collect an ad valorem tax each year upon all property, both real and personal, within the limits of said city, which is subject to taxation, said tax not to exceed $1.50 on each $100.00 valuation of said property, for current ordinary expenses; in addition to any amounts lawfully levied for bonded indebtedness. That all ad valorem tax herein provided for shall be due and payable from October 1st to December 20th each year, and execution shall issue each year for such taxes which are not paid by December 20th; and execution shall likewise be issued upon and against all property not returned for taxation, whether the owner is known or unknown, in the same manner as executions are issued by the tax collector in said county. Tax executions shall be issued by clerk of council, shall bear test in the name of the mayor, be directed to the marshal of said city, and shall be enforced by the marshal by levy on and sale of the property subject to the tax, the sales to be in the same manner as are constables' sales under executions from justices' courts of this State, or as otherwise provided by ordinance. The mayor and council are granted power to fix reasonable fees of officers for such levy and sales; and where the owner of the property is not known, the executions may issue against the property itself. Ad valorem tax. Section 17. Be it further enacted by the authority aforesaid, that it shall be the duty of all persons owning property, franchises, or anything else subject to taxation by the State and county, or that may at any time be made subject to taxation by the same, to return the same for taxation to the tax-receiver of the city, returning all they own or may be interested in, directly or indirectly, or that they may represent in any capacity within the incorporate limits of said city of the first day of January in the year in which said returns are made, the same to be made and filed with the said receiver between the dates of January 1st and April 1st of each year, the time for making returns to expire on the first day of April of each year; all of which returns shall at Page 2713 once thereafter be delivered and turned over by the said receiver to the tax-assessors hereinafter provided for. Each return shall bear the oath, I do swear that the foregoing is a true and correct return of all property in City of Poulan, owned or held by me in any capacity, on the first day of January, of the present year, and subject to taxation in said city. So help me God. Tax returns. Section 18. Be it further enacted by the authority aforesaid, that at their first meeting in April of each year the mayor and council shall appoint by order on their minutes three freeholders of the said city who shall have resided therein at least two years prior to their appointment, who shall constitute a board of tax-assessors for the said city, whose duty it shall be to go over and carefully consider the tax returns delivered to them by the receiver as above provided, and to enter the valuation fixed by them opposite the return on said blanks and enter and return all property subject to taxation within the city limits that has not been returned by the owner thereof or person in charge, marking the same unreturned and fixing a double valuation thereupon, it being their especial duty to be diligent in their effort to see that all property subject to taxation has been returned. The valuation placed upon property by this board shall be subject to appeal to mayor and council. That the tax receiver shall act as clerk of board of assessors, and when the assessment of property has been completed each year, the said clerk shall make out a tax digest for said city, similar to that prepared by the tax receiver of the county, in order that the mayor and council may assess and levy proper and sufficient taxes each year. Board of tax assessors. Section 19. 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, Page 2714 vocation, profession, or avocation, before beginning or carrying on said business, calling, vocation, profession, or avocation, and require such person, firm, company or corporation to pay such fee for said registration as said council may prescribe. Said council shall have the right and power to prescribe, by ordinances, such penalty or penalties for the violation of this section as they may see proper. Business licenses. Section 20. Be it further enacted, that said mayor and council shall have the power to classify and arrange the various business, trades, callings, vocation, professions and avocations carried on in said city into such classes for taxation as they may see fit. The said 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 is additional to assessing the penalty as above prescribed in section 19. Same. Section 21. Be it further enacted, that the mayor and council shall have the full power to regulate and control the sale of malt, alcoholic liquors, spirits or beverages within the corporate limits of said city, and at their discretion to license to sell, or to withhold the same, and to fix the price to be paid for license at any sum they may see proper. Alcoholic beverages. Section 22. 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, and all like contrivances, and pool tables kept and used in said city. Billiard tables, etc. Section 23. 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. Theatrical companies. Section 24. Be it further enacted, that the mayor Page 2715 and council shall have full and complete control of the authority over the streets, alleys 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 and alleys, and for widening, straightening, or otherwise changing the streets, sidewalks or alleys, and grading the streets, sidewalks or alleys of the city; and whenever said authority 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, trustee, executor, administrator, agent, guardian, or other person, in the manner provided by sections 36-1104 et seq., Code of Georgia 1933, and the amendments thereto. Any mayor and council may also change, alter, open and close streets and alleys. Streets, sidewalks, etc. Section 25. Be it further enacted: (1) That the mayor and council of said city shall have full power and authority, in their discretion, to pave, curb, gutter, remove or repair, or otherwise permanently improve any of the sidewalks of said city, with whatever material they may think best, and in any manner they may see fit. That in order to carry into effect that section they may assess any part of all of the cost of improving such sidewalks, including all necessary curbing, gutter, and other expenses therewith connected, on the land and the owners thereof abutting the sidewalk so paved or improved according to the frontage owned by them thereon; and the council is hereby authorized and empowered to pass all necessary ordinances to carry out the provisions of this section. Same. (2) Said city shall have power and authority by ordinance to grade, pave, macadamize or improve, for travel or drainage any of the streets, alleys or ways of said city, and to assess two-thirds of the cost of such grading, paving, macadamizing or improving against the owners of the property abutting on each side of the streets, alleys or ways so graded, paved, macadamized or improved, according to the frontage owned by each on such Page 2716 streets, alleys or ways; and said city shall have power and authority also to grade, pave, macadamize and otherwise improve, as they shall deem proper, the width of and two feet on said side of the tracks of any street railway company, or steam railway company, that may run, now or hereafter, through or across the streets, alleys or ways of said city, and to assess the entire cost of such improvements against such street railway company or steam railway company, and the same shall be enforced and collected by execution as is provided in Paragraph 3 of this section. (3) The said City of Poulan is hereby empowered to enforce the payment of the assessments provided for by paragraphs (1) and (2) of this section by execution against the abutting property owners and the abutting property, which said execution shall be issued and levied like executions for taxes under existing ordinances, or such as may hereafter be made applicable to the subject, and said property shall be sold in the same manner, and shall be subject to all the incidents of purchase by the city if it sees fit; provided, however, that to an execution issued under the provisions of this section the defendant 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, and the reason why same is not due, which amount so admitted to be due shall be paid before the affidavit is received, and said affidavit shall be received for the balance, and said affidavit so received shall be returned to the Superior Court of Worth County, and there tried and the issue determined as in cases of illegality, subject to all the pains and penalties provided for under cases of illegalities filed for delay. (4) One publication of the ordinance or ordinances providing for the improvements mentioned in this section, in the newspaper in Worth County in which the sheriff's advertisements are published, shall be sufficient notice to abutting property owners, or street railway companies or steam railway companies having tracks on the Page 2717 streets, alleys or ways to be improved, of the contents and provisions of such ordinances, and of the fact that such improvements are to be made. Section 26. That City of Poulan is authorized and empowered to establish a system of water works, a sewerage system, a system of electric lights, a system for distribution of gas, or any or all of said services from time to time. And bonds may be issued for any or all of said purposes, from time to time, and as provided by law, and taxes may be levied for the payment of any such bonds and of the interest thereon and expenses thereof. And the mayor and council may provide by proper ordinances and rules for the operation of such utilities; and may provide for the collection of water, light and gas charges and fees, and for the enforcement of such charges by discontinuance of service, by penalties, and by executions, which executions may be issued in form similar to executions for taxes and levied upon the property of the debtor in each case. Proper codes may be adopted regulating such utilities, or any of them. Said city may also own, lease and conduct parks, playgrounds, airports and automobile parking lots. Water, sewerage, etc. systems. Section 27. The mayor and council shall have full power and authority to require the owner of any improved lot in said city to provide suitable watercloset accommodations on said property, whenever in their judgment such are necessary for health and sanitary reasons, and it shall be unlawful for any person, firm or corporation to violate such requirement when so made by the mayor and council. The mayor and council may also condemn any privy, or other toilet which is not properly connected either to a sanitary sewer or an approved cesspool, in any case where the mayor and council deem it a menace to health and sanitation; and may order the owner to remove the same, and if, after three days' notice to remove the same, the owner has not complied with such order, the marshal shall remove the same at cost of such owner; such cost in each case to be collected from such owner by execution similar in form to tax executions. Sanitation. Page 2718 Section 28. The mayor and council shall have power to lay out a fire district in said city, and from time to time enlarge, change or make smaller the same; and to provide by ordinance as to the material and specifications of buildings therein. And the mayor and council shall have full authority to regulate traffic on the streets, alleys and other public places in the city. Fire districts, traffic. Section 29. That the mayor and council shall be authorized to provide by resolution, ordinance, or otherwise, suitable regulations for the drainage, sewerage, plumbing, and all that may be needful for improved sanitation, and provide means and agencies for the carrying out and enforcement of the same through the proper officers, and make all necessary inspections; to withhold licenses for plumbing to any but competent persons, and to do all else that is or may be necessary to require compliance by individuals with the rules and regulations thus adopted, and shall have power to make alterations and amendments thereto as from time to time may be needed. Sanitation. Section 30. City of Poulan shall, in addition to other powers granted, have the following powers: (a) to try all nuisances within the city and to abate the same; to define what shall constitute nuisances; to abate in a summary manner any nuisances likely to endanger health; to charge the expense of abating any nuisance to the person causing the same, and to enforce the collection thereof by execution and sale; (b) to regulate public buildings and grounds, vehicles and conveyances, pumps, wells, springs; to punish for disorderly conduct, and conduct liable to disturb the peace and tranquility of any citizen or citizens thereof; and to enact any other ordinance and regulation that the mayor and council may deem proper for the security of the peace, health, good order and general welfare of said city and of its inhabitants. Powers. Section 31. That should any portion of this Act be invalidated by the courts, the same shall not impair other portions of this Act. Page 2719 Section 32. That any parts of An Act to create and incorporate the City of Poulan, in the County of Worth, etc., approved August 21, 1906 (Ga. L. 1906, pp. 988, 1004), as amended, conflicting herewith are hereby repealed. 1906 Act repealed. Section 33. That all valid contracts, and all ordinances of City of Poulan, existing prior to this Act and not conflicting with the provisions of this Act, shall remain of force and effect. Existing contracts. Section 34. That City of Poulan shall have the power to condemn lands for any corporate purposes, and to pay property owners the damages incident to such condemnations, under such procedure as is now provided by law, or may hereafter be so provided. Eminent domain. Notice of Local Legislation. Notice is hereby given that application will be made to the next session of the General Assembly of Georgia, which will convene in January, 1957, for passage of the following local Act: An Act to create and establish a new charter for City of Poulan; to prescribe the rights, powers, government and jurisdiction of said city; to define the corporate limits proper of said city; to provide that no valid or existing contract of the former City of Poulan shall be affected by this Act; to repeal any parts of `An Act to create and incorporate the City of Poulan, in the County of Worth', etc., approved August 21, 1906, (Ga. L., 1906, pp. 988, 1004), as amended, conflicting herewith; and for other purposes. This 24th day of December, 1956. City of Poulan, By: W. M. Goodman, Clerk of Council. Page 2720 State of Georgia, Worth County. Personally before the undersigned officer authorized by law to administer oaths in said county, appeared Mrs. Marian Sumner who, being first sworn, says on oath as follows: that she is a director and manager of Sylvester Local, Inc., the owner and publisher of The Sylvester Local, a newspaper published in said county and being the newspaper in which sheriff's advertisements are published in said county; and that the foregoing is a true copy of notice of intention to apply for local legislation affecting said City of Poulan, and that said notice was published once a week for three weeks in said newspaper, said notice having been published in said newspaper in the issues thereof published and dated December 27, 1956, January 3, 1957 and January 10, 1957, respectively. /s/ Marian A. Sumner. Sworn to and subscribed before me this 6th day of February, 1957. /s/ P. B. Ford, Notary Public, Worth County, Ga. My Com. expires July 30th, 1960. Notarial Seal Affixed. Approved March 7, 1957. CITY OF ATLANTA CHARTER AMENDED. No. 267 (House Bill No. 471). 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 Page 2721 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 of the City of Atlanta are hereby authorized to sell to DeKalb County the interest of the City of Atlanta in all water mains located in land lots 143, 144, 145, and 146 in the 15th district of DeKalb County which are outside the city limits of Atlanta, upon such conditions as may be agreed upon between the city and the county. Sale of water mains authorized. Section 3. Be it further enacted that section 12.4 of part I of the Code of the City of Atlanta of 1953, which is as follows: When real estate is purchased by the city, the abstract of title for such real estate shall be prepared by a private attorney or an abstract company. The cost of such abstracts shall be paid out of funds apportioned to the department for which such real estate is purchased. It shall be the duty of the city attorney to pass on the validity of the title as shown by any such abstract and to approve the title before the purchase is consummated. be and the same is hereby repealed, and the following is enacted in lieu thereof: Title insurance of property purchased by the city. When real estate is purchased by the city the title search therefor shall be made by a private attorney, whose qualifications are approved by the city attorney Page 2722 and who shall make his report to the city attorney. The title to all such real estate when acquired may be insured in a title insurance company, licensed to do business in this State, whenever the same shall be deemed necessary or desirable. Section 4. Be it further enacted that section 23.9 of part I of the Code of the City of Atlanta of 1953, reading as follows: In case of real estate situated on street corners, and having frontage of two streets, the owner, and real estate thus situated, shall be assessed as by this chapter provided for the frontage on the street in which a sewer is first laid; and when a sewer is laid on the other street, one hundred and fifty feet of frontage shall be exempt from assessment on the owner and real estate for the last named sewer. Assessments for sewers laid. be and the same is hereby repealed, and the following is enacted in lieu thereof: In case of real estate situated on street corners, and having a frontage on two streets, the owner, and real estate thus situated, shall be assessed as by this chapter provided for the frontage on the street in which a sewer is first laid; and when a sewer is laid on the other street, one hundred and fifty feet of frontage measured from the corner or intersection of the said two streets, shall be exempt from the assessment on the owner and real estate for the last named sewer. Section 5. Be it further enacted that section 24.39 of part I of the Code of the City of Atlanta of 1953 be and the same is hereby amended as follows: By eliminating the semi-colon after the words `proposed to be made' in the 8th line of said section as it appears in said code, and substituting a period therefor, and striking the language immediately following through and including the words `resolution or ordinance' at the beginning of the 25th line thereof, which language so stricken is Page 2723 as follows: and pending the consideration of such resolution or ordinance an advertisement shall be inserted at least one time in one of the daily papers of the city ten days before the final passage of such resolution or ordinance, such advertisement giving notice of the introduction of such resolution or ordinance, the street, public place or portion thereof proposed to be paved, repaved or improved, the estimated cost per front foot and setting forth that the property owners or others interested are notified to appear at the meeting of the mayor and board of aldermen to be held at a time stated in said advertisement and make any and all objections they may desire to urge to the passage of such resolution or ordinance. At the time named in said advertisement, if any property owner or other person desires to make objections to the passage of such resolution or ordinance, full opportunity therefor shall be given at said meeting. At said meeting and after hearing objections, if any are made to the passage of such resolution or ordinance, the mayor and board of aldermen shall have the full right and power in their discretion to order such pavement, repavement or other improvement to be made or reject said resolution or ordinance. and enacting in lieu thereof the following: Before such resolution or ordinance shall be passed by the mayor and board of aldermen the public shall be given an opportunity to be heard thereon, either before the mayor and board of aldermen or before a committee thereof to which it may be referred for hearing and consideration. An advertisement shall be inserted at least one time in one of the daily papers of the city ten days before such hearing is to be had before the mayor and board of aldermen or before acommittee thereof, as the case may be, such advertisement to give notice of theintroduction of such resolution or ordinance, the street, public place, or portion thereof proposed to be paved, repaved or improved, the estimated cost per Page 2724 front foot, and setting forth that the property owners or others interested are notified to appear at the meeting of the mayor and board of aldermen or committee thereof, as the case may be, to be held at the time and place stated in said advertisement and make any and all objections they may desire to the passage of such resolution or ordinance. At said meeting, if held by the mayor and board of aldermen, or at the next meeting of the mayor and board of aldermen after such meeting if held by a designated committee of the same, the mayor and board of aldermen shall have the full right and power in their discretion to order such pavement, re-pavement or other improvement to be made or reject said resolution or ordinance. Public hearings in certain cases. so that as amended said section shall read as follows: No resolution or ordinance seeking to pave, repave or improve a street or public place as herein authorized shall be passed unless petitioned in writing, by the owners of more than fifty per cent of the property abutting on the street or portion of street proposed to be paved or repaved, and such resolution or ordinance shall describe the general character of improvement to be made, the material to be used and such other matters as shall be necessary to enable the preparation of the proper plans and specifications for the improvements proposed to be made. Before such resolution or ordinance shall be passed by the mayor and board of aldermen the public shall be given an opportunity to be heard thereon, either before the mayor and board of aldermen or before a committee thereof to which it may be referred for hearing and consideration. An advertisement shall be inserted at least one time in one of the daily papers of the City ten days before such hearing is to be had before the mayor and board of aldermen or before a committee thereof, as the case may be, such advertisement to give notice of the introduction of such resolution or ordinance, the street, public place, or portion thereof proposed to be paved, repaved or improved, the estimated cost per front foot, and setting forth that the Page 2725 property owners or others interested are notified to appear at the meeting of the mayor and board of aldermen or committee thereof, as the case may be, to be held at the time and place stated in said advertisement and make any and all objections they may desire to the passage of such resolution or ordinance. At said meeting, if held by the mayor and board of aldermen, or at the next meeting of the mayor and board of aldermen after such meeting if held by a designated committee of the same, the mayor and board of aldermen shall have the full right and power in their discretion to order such pavement, re-pavement or other improvement to be made or reject said resolution or ordinance. And after the passage of said resolution or ordinance, all property owners to be assessed for the cost of the improvement who do not within fifteen days thereafter commence legal proceedings to prevent said assessment being made shall be conclusively presumed to have accepted the terms of said resolution or ordinance, and shall have agreed that the assessment hereinafter provided for may be made. Thereupon it shall be the duty of the mayor and board of aldermen to forthwith cause said improvement to be made in accordance with the plans and specifications as prepared. When completed an ordinance shall be passed, assessing the cost of said improvement against the property owners on each side of the street or portion of the street so paved, repaved or improved. Section 6. The provision of section 5 of this Act to relate to the method of paving or otherwise improving a street or public place, as authorized by an Act approved the 19th day of August, 1919 (Ga. L. 1919, p. 821) and to none other, and this Act shall not be deemed to repeal, amend or otherwise affect the right of the City of Atlanta to pave or otherwise improve any street or public place under any other provision of its charter. Act of 1919 not amended. Section 7. All laws and parts of laws in conflict herewith are hereby repealed. Page 2726 Georgia... Fulton County. Personally appeared before me, the undersigned, Wilson Brooks, 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 1957 session of the General Assembly, which convenes on Monday, January 14, 1957, 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. This December 20, 1956. Charlie Brown, Senator 52nd District. M. M. (Muggsy) Smith, J. Ralph McClelland, Wilson Brooks, Representatives, Fulton County, Georgia. Dec 20 27 Jan 3 10 This 11 day of February, 1957. /s/ Wilson Brooks. Page 2727 Sworn to and subscribed before me, this 11 day of February, 1957. /s/ Annie F. Berry, Notary Public. Seal. Approved March 7, 1957. AUGUSTA-RICHMOND COUNTY STADIUM AUTHORITY. No. 268 (House Bill No. 342). An Act to authorize the city council of Augusta and the board of commissioners of roads and revenues of Richmond County, Georgia, either individually or jointly to create a Stadium Authority; to state the membership of such authority and provide for appointment of members, their terms, qualifications and compensation; to define the powers and duties of such authority; to authorize contracts between such authority and city council, and the board of commissioners of Richmond County, Georgia; to provide a method for terminating such authority; to provide the powers conferred by this Act shall be cumulative; to provide an effective time for this Act; to define the terms used in this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Definitions. As used in this Act, the following words shall have the following meaning, unless the contrary clearly appears: (1) Authority shall mean any or all authorities created under the provisions of this Act, that is the Augusta Stadium Authority, the Richmond County Page 2728 Stadium Authority, or the Augusta-Richmond County Stadium Authority. (2) Governing Body shall mean the City Council of Augusta, the Board of Commissioners of Roads and Revenues of Richmond County, Georgia, or the City Council of Augusta and the Board of Commissioners of Roads and Revenues of Richmond County, Georgia. (3) Project shall mean a stadium or grandstand to be used for athletic contests or games to provide recreation and amusement for the people as a whole. (4) Revenue Bonds or Revenue Anticipation Certificates shall mean obligations issued under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended. Section 2. The city council of Augusta may create by ordinance a body corporate and politic to be known as the Augusta Stadium Authority. The board of commissioners of roads and revenues of Richmond County, Georgia, may create, by resolution, a body corporate and politic to be known as the Richmond County Stadium Authority. The city council of Augusta and the board of commissioners of Richmond County, Georgia, may create together, a body corporate and politic to be known as the Augusta-Richmond County Stadium Authority, provided that if the Augusta-Richmond County Stadium Authority shall be created under the provisions of this Act, the Augusta Stadium Authority and the Richmond County Stadium Authority may not be created. Authority to create. Section 3. Authorities created under this Act shall be public corporations and shall consist of five members appointed by the creating governing body for terms as follows: One member shall be appointed for a term of one year; one member shall be appointed for a term of two years; one member shall be appointed for a term of three years; one member shall be appointed for a term Page 2729 of four years; and one member shall be appointed for a term of five years; and thereafter, upon the expiration of such terms, successors shall be appointed for a term of five years. If the Augusta-Richmond County Stadium Authority is created, the board of commissioners of roads and revenues of Richmond County, Georgia, shall appoint two members of the authority whose initial appointments shall be for terms of three years and five years, respectively, and their successors; and the remainder of the members and their successors shall be appointed by the city council of Augusta. All members of any authority shall be paid for their services such compensation as may be determined by the appointing governing body. All members of any authority shall be residents of the area governed by the governing body which shall appoint them. Members. Section 4. The Authority shall have the powers: (1) To contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity; (2) To have a seal and alter the same at pleasure; (3) 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; (4) 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, except property of a public utility being used for public purposes, and to use the same so long as its corporate existence shall continue; to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being Page 2730 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 proceeding as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; (5) To appoint and select officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their compensation; (6) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of a project and leases of a project or contracts with respect to the use of a project which it causes to be erected or acquired, and the City of Augusta and Richmond County are hereby authorized to enter into contracts, leases or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to the said city and county to enter into lease contracts and related agreements for the use of a project of the authority for a term not exceeding fifty years and the City of Augusta and Richmond County may enter into lease contracts and related agreements for the use of a project of the authority for a term not exceeding fifty years upon a majority vote of the respective governing body charged with the duty of managing its fiscal affairs and may obligate itself to pay an agreed sum for the use of such property so leased and also obligate itself as a part of the undertaking to pay the cost of maintaining, repairing and operating the property furnished by and leased from the authority; Page 2731 (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage a project, to be located on property owned by or leased by the authority, the cost of any such project to be paid in whole or in part from the proceeds of revenue bonds of the authority; (8) To issue revenue anticipation certificates and to operate under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended, in the same manner and to the same extent as counties, cities, or towns of the State are authorized to do; (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and (11) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenues, rents, and earnings; use. The Authority is hereby authorized to fix rentals and other charges which the City of Augusta and Richmond County shall pay to the authority for the use of any project and to charge and collect the same and to lease and make contracts with respect to the use of any project. Section 6. The authority may be terminated by the governing body which created it, provided that no action shall be taken to terminate the authority which shall impair the obligations of any contract made by said authority. Upon the termination of the authority any property which it may own shall become the property of the governing body which created it. Abolishment. Page 2732 Section 7. All powers and authorities conferred by this Act upon the city council of Augusta and Richmond County shall be cumulative and shall be in addition to any other powers and authorities conferred on such bodies by any other law or laws. Powers cumulative. Section 8. This Act shall be effective as to any governing body, as defined herein, only when such governing body shall affirmatively adopt its provisions. Effective date. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Section 10. 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 or 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, Bernard F. Miles 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 19th and 26th days of January, 1957, and on the 2nd day of February, 1957. /s/ W. W. Holley W. W. Holley. /s/ R. Lee Chambers R. Lee Chambers. /s/ Bernard F. Miles Bernard F. Miles. /s/ Carl E. Sanders Carl E. Sanders. Page 2733 Sworn to and subscribed before me, this 5 day of Feb., 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Affidavit of Publication. Attorney or Agency Mixon Chambers Business Attorneys-At-Law State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that he 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 introduce local legislationto establish a stadium authority for the purpose of constructing a stadium for athletic contests other purposes. duly appeared in said newspaper on the following dates to wit:..... /s/ Marie LeRoy, Secretary. Sworn to and subscribed before me this 4th day of February, 1957. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. My Commission expires July 13, 1959. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to authorize the City of Augusta and Richmond County, either individually or jointly, to establish Page 2734 a stadium authority for the purpose of constructing a stadium for athletic contests; and for other purposes. This 16th day of January, 1957. R. Lee Chambers, Representative, Richmond County. W. W. Holley, Representative, Richmond County. Bernard F. Miles, Representative, Richmond County. Carl E. Sanders, Senator, 18th District. Jan. 19, 26; Feb. 2 Approved March 7, 1957. ROME-FLOYD COUNTY PLANNING COMMISSION. No. 269 (House Bill No. 476). An Act to establish a metropolitan planning district for the City of Rome and Floyd County; to provide a planning commission for said district; to provide for the making and amending of an overall plan for the orderly growth and development of said district; to define the duties and powers of said commission; to define the relationship between said commission and the governmental units in said district and to define their rights, powers and duties; to provide for the support of said commission; 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: Article I. Section 1. There is hereby established a metropolitan planning district, hereinafter referred to as the district, Page 2735 which district shall be and include all of the territorial area of Floyd County, Georgia. Planning district. Article II. Section 1. There is hereby established as the planning authority for such district a metropolitan planning commission, hereinafter referred to as the commission. The said commission shall be composed of ten (10) members as follows: Five (5) citizens of the City of Rome, Georgia and five (5) residents of Floyd County, Georgia, all five (5) of whom shall reside outside of the City Limits of Rome, Georgia, and each of whom shall reside in different school board districts of Floyd County as specified in the laws governing election of Floyd County Education Board members. The chairman of the Board of Commissioners of Roads and Revenues of Floyd County and the first commissioner of the city commission of the City of Rome shall be ex officio members. Planning commission. Section 2. With the exception of the ex officio members the five citizens of the City of Rome, Georgia, shall be appointed by the city commission of the City of Rome for terms of one, two, three, four and five years respectively commencing on the date of the final approval of this legislation. The remaining members of the commission shall be appointed by the board of commissioners of roads and revenues of Floyd County, Georgia for terms of one, two, three, four and five years respectively, also commencing on the date this legislation is approved. Members, terms. Section 3. In case of vacancy arising from death, resignation, change of residence or any other cause, before the expiration of the term for which any member has been appointed, a successor shall be appointed for the unexpired term by the authority making the original appointment. Vacancies. Article III. Section 1. The commission shall, upon its appointment, elect from its own members a chairman, vice-chairman, Page 2736 secretary, and treasurer, and shall adopt its own rules and procedure and rules for the conduct of its business, including rules for notice and hearings, not inconsistent with the terms of this Act. Commission officers, rules. Section 2. The commission shall have the power to expend the monies provided for its use as hereinafter set out and monies received from other sources, to employ such managers, engineers, clerical assistance, planners and other technical assistance as may be reasonable and necessary or proper to carry out the provisions of this Act. Employees. Section 3. After the commission is set up on accordance with the provisions of this Act, it shall hold twelve official meetings a year, and each member shall be compensated in the amount of ten ($10.00) dollars for attendance upon such official meetings. Said commission shall hold as many other meetings as they deem necessary and proper to carry out the purpose of this act, without compensation, except for his or her, necessary traveling expense. Meetings, compensation. (a) Said members of said commission shall be reimbursed for his or her necessary traveling and other expense incurred in the work of the commission, upon presentation of an itemized statement of such expenses to the chairman of said commission. (b) The above compensation shall be paid from the funds of the commission. Article IV. Section 1. The commission shall keep books of account which shall be audited at least once in each calendar year and the commission shall make annual reports showing all of its receipts and disbursements to the city commission and the commissioners of roads and revenues of Floyd County. Audits. Section 2. Any municipality in Floyd County may Page 2737 contribute to the maintenance of the commission and its operation if it desires to do so, but no such municipality shall be required to contribute. Contributions. Section 3. Funds for the commission shall be provided by the City of Rome and Floyd County as follows: Budget. The Commissions each year shall adopt a budget and submit it to the board of commissions of roads and revenues of Floyd County and the city commission of the City of Rome for approval. If the budget is approved by said governmental authorities, then the funds necessary to meet said budget shall be provided equally by said governmental authorities. Article V. Section 1. It shall be the duty of the commission to make, and from time to time as it may deem proper, amend a master plan for the orderly growth and development of the district, and to furnish copies and recommend acceptance thereof to the counties and cities involved. Such master plan, with the accompanying maps, plats, charts and descriptive matter, shall show the commission's recommendations for the development of the district; only as follows: Duties. The general location, character and extent of streets, highways, viaducts, subways, bridges, waterways, boulevards, parkways, playgrounds, squares, parks, aviation fields, public and private parking spaces, and other public ways, grounds and open spaces; The general location of public buildings, schools and other public property; The general location and extent of public utilities and terminals, whether publicly or privately owned or operated, for light, water, gas, transportation, communication, power and other purposes, and The removal, relocation, widening, narrowing, vacating, Page 2738 abandonment, change of use or extension of any of the foregoing features of the plan. Article VI. Section 1. The commission shall act in an advisory capacity only and the adoption by the commission of the master plan, or any part thereof, or any amendment, extension or addition thereto, shall constitute a recommendation only and shall have no binding effect on either Floyd County or the City of Rome or any municipality within Floyd County. Recommendations. Section 2. The adoption of such a plan by the city or county will have no legal effect on the property or property owners affected thereby, and said city or county will use such a plan, upon adoption, only as a guide for the future development of said city or county. Recommendations not binding. Article VII. The laws of this State as they now are or may hereafter be, conferring on municipalities and counties and the officer, boards and commissions thereof, powers with regard to the regulation and restriction of the height, number of stories and size of buildings and other structures, the percentages of the lot that may be occupied, the size of yards, courts and other open spaces, the density of population, and the location and use of buildings, structures and land for trade, industry, residence or other purposes, and all zoning laws, shall not be affected by this Act. Zoning laws not amended. Article VIII. Section 1. The commission and any county or municipality participating in the master plan or any part thereof shall have authority to contract with one another for the furnishing of such servises and assistance as may be necessary or proper under the provisions of this Act. Contracts. Section 2. The commission may make available the master plan or any part thereof to other counties or Page 2739 municipalities whether they are located in the district or not upon such terms as may be mutually agreed upon. Same. Article IX. 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 or notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. 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 11 day of Feb., 1957. /s/ J. Battle Hall. Sworn to and subscribed before me, this 11 day of Feb., 1957. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Page 2740 Notice. Notice is hereby given of intention to apply for local legislation at the next session of the General Assembly which convenes in January, 1957, to establish a metropolitan planning district and commission for Rome and Floyd County, Georgia; to provide a planning commission for said district; to provide for the making and amending of an overall plan for the orderly growth and development of said district; to define the duties and powers of said commission; to define the relationship between said commission and the governmental units in said district, and to define their rights, powers and duties; to provide for the support of said commission and for other purposes. Approved March 7, 1957. COBB COUNTYSALARIES. No. 270 (House Bill No. 232). An Act to amend an Act relating to the abolition of the fee system in Cobb County and the fixing of salaries for the ordinary, sheriff and clerk of the superior court approved February 9, 1949 (Ga. L. 1949, p. 427) as amended, particularly by an Act approved February 8, 1951 (Ga. L. 1951, p. 2279) and an Act approved February 13, 1952 (Ga. L. 1952, p. 2529) by changing the salary to be paid to the ordinary, sheriff and clerk of the superior court, deputy sheriff and deputy clerk of the superior court; to provide for additional compensation to the ordinary and clerk of the superior court for services on the advisory board of Cobb County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the abolition of the fee Page 2741 system in Cobb County and the fixing of salaries for the ordinary, sheriff and clerk of the superior court approved February 9, 1949 (Ga. L. 1949, p. 427) as amended, particularly by an Act approved February 8, 1951, (Ga. L. 1951, p. 2279) and an Act approved February 13, 1952 (Ga. L. 1952, p. 2529) is hereby amended by striking from section 2 the figure $8,250.00 and substituting in lieu thereof the figure $9,500.00, and by adding to the end thereof the sentence, In addition to their salary, the ordinary and clerk of the superior court shall receive $1,000.00 per annum, to be paid monthly out of the funds of the county treasury, for their services on the advisory board of Cobb County so that section 2, as amended will read as follows: Section 2. That the salary of the clerk of the superior court, the sheriff and the ordinary of Cobb County shall be $9,500.00 each annum, each of said officials to be paid monthly from funds in the county treasury. In addition to their salary, the ordinary and clerk of the superior court shall receive $1,000.00 per annum, to be paid monthly out of the funds of the county treasury, for their services on the advisory board of Cobb County. Compensation of sheriff, ordinary, and clerk of superior court. Section 2. Said Act is further amended by striking from section 4 the figure $5,280.00 and substituting in lieu thereof the figure $7,500.00 so that section 4 as amended will read as follows: Section 4. That the clerk of the Superior Court of Cobb County shall have a deputy clerk whose salary shall be $7,500.00 per annum to be paid monthly from the funds in the county treasury. Any candidate for the office of clerk of the Superior Court of Cobb County shall on the date of his qualification for such office in either a primary or general election certify to the ordinary of Cobb County the name of the person he shall appoint as his deputy clerk in the event he is elected to the office of clerk, and the person so named and certified by the successful candidate for such office shall serve as the deputy clerk during the term for which he was Page 2742 so named. In the event of the death or the removal from office of said deputy clerk, the clerk of the superior court shall have thirty days from said date of death or removal from office of said deputy clerk to certify to the ordinary of Cobb County the name of the new deputy clerk to be appointed by him. That in addition to said deputy clerk, the clerk of the Superior Court of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of the office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the commissioner of roads and revenues and the advisory board of Cobb County. Deputy clerk's salary. Section 3. Said Act is further amended by striking from section 5 the figure $5,280.00 and substituting in lieu thereof the figure $6,780.00 so that section 5 as amended will read as follows: Section 5. That the sheriff of Cobb County shall have one chief deputy whose salary shall be $6,780.00 per annum to be paid monthly from the funds in the county treasury. Said chief deputy shall offer for said office and be elected to same at the same time as the said sheriff offers for office and is elected. That in the event the office of the sheriff becomes vacant by death, resignation or otherwise, the vacancy shall be filled for the remaining unexpired term thereof by the said chief deputy who shall in such event enter upon the performance of said duties upon taking the oath of office prescribed by law for the sheriff of Cobb County. That in addition to the said chief deputy the said sheriff shall be authorized and empowered to name and appoint additional deputies as shall be approved from time to time by the commissioner of roads and revenues and the advisory board of Cobb County. The salaries of said additional deputies shall be set by the commissioner of roads and revenues and advisory board of Cobb County provided, however, that said salaries shall not exceed $4,200.00 per annum per each additional deputy approved Page 2743 by the said commissioner of roads and revenues and advisory board of Cobb County. In addition to the said chief deputy and other deputies above provided for, the sheriff of Cobb County shall be authorized and empowered to employ the clerical help necessary to properly perform the functions and duties of his office provided that the number of employees and salaries or other compensation to be paid to each shall first be approved by the commissioner of roads and revenues and the advisory board of Cobb County. Chief deputy sheriff's salary. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Georgia, Cobb County. Personally appeared before the undersigned officer, in and for said State and County, Margaret H. Smith, who after being duly sworn, deposes and states upon oath that she is the comptroller of the Marietta Daily Journal, a newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in said newspaper in issues dated December 14th, 21st and 28th, 1956: Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend the Act entitled, An Act to change the compensation of the clerk of the superior court, the sheriff and the ordinary of Cobb County from the fee system to the salary system... and for other purposes. approved February 9, 1949 (Ga. L. 1949, p. 427), and the several acts amendatory thereof. This December 12, 1956. Eugene W. Holcombe, Fred D. Bentley, Harold S. Willingham, Raymond M. Reed. Page 2744 This 22nd day of January, 1957. /s/ Margaret H. Smith, Comptroller, Marietta Daily Journal. Sworn to and subscribed before me this 22nd day of January, 1957. /s/ Yvonne Harrison, Notary Public, Cobb County, Georgia. (Seal). Approved March 7, 1957. COBB COUNTY PARKING AUTHORITY. No. 271 (House Bill No. 229). An Act to create the Cobb County Parking Authority as a public body corporate and an instrumentality and agency of the State; to provide for its organization, membership and operation, its powers and duties, to define certain terms in respect thereto; to permit it to construct projects and issue revenue bonds to pay therefor and to issue refunding bonds; to make provision for such revenue bonds, their sale, their negotiability, the use of proceeds thereof, the payment thereof and security therefor, and the rights and remedies of bondholders; to authorize the execution of trust indentures in connection therewith; to exempt from taxation the authority, its properties, income and revenues, and its bonds and the interest thereon; to provide for the validation of such bonds and the venue and jurisdiction of suits brought against the authority; to provide for the protection of the interests of holders of such bonds, making certain provisions in connection with the foregoing; to provide for the disposition of surplus revenues; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 2745 Section 1. Short Title This Act may be cited as the Cobb County Parking Authority Act. Section 2. Definitions The following words and terms shall have the meaning hereinafter indicated unless the context in which they are used shall clearly indicate another or different meaning or intent: (a) AuthorityCobb County Parking Authority created by the Act or any authority or body in which the powers, duties and liabilities of the Authority created hereby may hereafter become vested. (b) BondsAny bonds or other obligations issued by the Authority under the provisions of this Act, including refunding bonds. (c) ProjectFacilities and services necessary or convenient and all property, real, personal or mixed, used or useful, including franchises and easements, in constructing, erecting, maintaining and operating motor vehicle parking facilities, and the operation, maintenance, improvement and extension of any part thereof, as to which the authority has undertaken or agreed to undertake any action permitted by the terms of this Act, or as to which any such action has been completed. The term project shall also include any area or space of any parking facility reserved for lease or rental to commercial enterprises. (d) Cost of projectThe cost of acquiring and constructing the project or any part thereof including, without being limited to, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest accruing on any bond issued by the authority prior to and during the period estimated as necessary to complete construction and for one year thereafter, the cost of plans and specifications, the cost of engineers and architects, legal fees, and other expenses necessary or incident to determine the feasibility or practicality of Page 2746 the project or any part thereof, administrative expenses and such other expenses as may be necessary or incident to the financing herein authorized including fiscal agents fees and the estimated cost of operating the project for a period of not exceeding twelve months. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of any bonds issued hereunder. (e) Self-liquidatingA project shall be self-liquidating if, in the judgment of the authority, the revenues, rents and earnings derived by the authority therefrom will be sufficient to pay the principal of and the interest on bonds which may be issued to finance the construction, in whole or in part, of such project and to pay the cost of operating, maintaining and repairing said project together with the other lawful expenses of the Authority. Section 3. Cobb County Parking Authority There is hereby created a body corporate and politic, an agency, instrumentality and public corporation of this State, with perpetual existence, to be known as Cobb County Parking Authority and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The authority will operate in the County of Cobb and shall have the right to construct and operate such projects within the boundaries of said county as may be reasonably necessary to carry out the purposes of this Act. Section 4. Membership of the AuthorityAppointment; Officers; Quorum; Compensation; Books and Records. (a) The Authority shall consist of the commissioner of roads and revenues of Cobb County, who shall be a member ex-officio, and four additional members who shall be appointed by the said commissioner. The terms of office of the four additional members shall be as follows: One Page 2747 member shall be appointed for a term of one year, one member shall be appointed for two years, one member shall be appointed for three years, one member shall be appointed for four years; and the said commissioner of roads and revenues of Cobb County in making the appointments shall designate the term to which each is appointed. Successors to the original appointees shall be appointed for four year terms, except that a member appointed to fill a vacancy occurring other than by expiration of term of office, shall serve only for the unexpired term of his predecessor. (b) The members shall select one of their members to act as chairman and one to act as vice-chairman and may also select a secretary and a treasurer. The secretary and treasurer need not be members of the authority and the offices of secretary and treasurer may be combined in one person. (c) The authority may make such by-laws for its government as it may deem necessary but it is under no duty to do so. (d) Three members of the authority shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the authority by this Act. No vacancy on the authority shall impair the right of a quorum to transact any and all business as aforesaid. (e) The members of the authority, except the commissioner of roads and revenue of Cobb County who shall receive no additional compensation hereunder, shall be entitled to $20.00 per day for each day of service on behalf of the authority, not to exceed 40 days in any calendar year, and shall be reimbursed for actual expenses, including travel expenses, incurred in the performance of their official duties. Employees of the authority shall receive reasonable compensation, to be determined by the members of the authority, for their services. Page 2748 (f) Members of the authority shall be accountable as trustees. They shall cause to be kept adequate book and records of all transactions of the authority, including records of income and disbursements of every nature. Section 5. Powers of the Authority The authority shall have, in addition to any other powers conferred in this Act, the following powers: (a) To have a seal and to alter the same at its 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 appoint such additional officers, who need not be members of the authority, as the authority deems advisable, and to employ such experts, agents and employees as may be, in its judgment, necessary to carry on properly the business of the authority; to fix the compensation for such officers, experts, agents and employees and to promote and discharge the same. (d) To make such contracts and agreements as the legitimate and necessary purposes of this Act shall require, and to make all other contracts and agreements as may be necessary or convenient in the proper performance of the affairs of the authority including, without limitation, leases of projects or parts thereof, or contracts with respect to the use of projects or parts thereof, and any and all persons, firms and corporations are hereby authorized to enter into contracts, leases or agreements with the authority upon such terms and for such purposes as they may deem advisable. (e) 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 proceeds of revenue bonds of the authority. Page 2749 (f) To borrow money for any of its corporate purposes and to issue bonds and/or other evidences of indebtedness for such purposes as hereinafter provided. (g) To pledge to the payment of its bonds any property or revenues therefrom from which said bonds were made payable. (h) To establish by resolution, rates, tolls, fees and charges for its facilities and services and to alter such rates and charges and to collect and enforce collection of the same, provided that said authority shall be a nonprofit organization and such rates, tolls, fees and charges shall be only sufficient to produce funds necessary to operate and maintain projects, to add to, extend, improve and equip the same, and to pay the principal of and the interest on obligations of the authority and expenses in connection therewith, and to create reserves therefor, and for the purpose of adding to, extending, improving and equipping projects. (i) To exercise any power granted to private corporations not in conflict with the Constitution and laws of this State nor with the other provisions of this Act. (j) To do and perform all things necessary or convenent to carry out the powers conferred upon the authority by this Act. Section 6. Revenue Bonds The authority shall have the power, and, it is hereby authorized, from time to time, to issue, by resolution, revenue bonds for the purpose of financing in whole or in part the cost of any project. The principal of and the interest on any such revenue bonds may be made payable from the revenues of the authority from the special fund provided for such payment. The bonds of each issue shall be dated and shall bear interest at such rate or rates not exceeding six per centum (6%) per annum, payable semi-annually, as the authority shall determine. Said bonds shall mature within not more than thirty (30) years from the date Page 2750 thereof in annual installments, but not necessarily in equal amounts or in each year; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution providing for the issuance of the bonds. Section 7. Form: Denominations: Registration: Place of Payment The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal and interest thereof which may be any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the authority may determine and provision may be made for the registration and reregistration of any coupon bond as to principal alone and as to both principal and interest. Section 8. Signature: Seal All bonds shall be signed and the official seal of the authority shall be affixed thereto and attested, and any coupons attached thereto shall be signed (either by original or facsimile signature) in such manner and by such officers of the authority as shall be designated in the resolution authorizing the issuance of said bonds. Any coupon may bear the facsimile signature of such person, and any bond may be signed, sealed and attested on behalf of the authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or shall hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on the bonds or whose facsimile signature shall appear on the coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Page 2751 Section 9. Negotiability: Exemption from Taxation All bonds issued under the provisions of this Act shall have, and are hereby declared to have, all of the qualities and incidents of negotiable instruments under the negotiable instruments law of the State. Such bonds and the income thereof shall be exempt from all taxation within the State. Section 10. Sale: Price The authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the authority, but no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than six per centum (6%) per annum computed with relation to the absolute maturity of the bonds in accordance with standard tables of bond values, excluding, however, from such computation the amount of any premium to be paid on redemption of any bond prior to maturity. Section 11. Proceeds of Bonds The proceeds of such bonds shall be used for the payment of the cost of the project or the combined projects for which they were issued and shall be disbursed upon requisition or order of the chairman of the authority or its duly bonded agents under such restrictions, if any, as the resolution authorizing the issuance of the bonds or as the trust indenture executed in connection therewith may provide. If the proceeds of such bonds by error of calculation or otherwise, shall be less than the cost of the project or combined projects undertaken, unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture executed in connection therewith, additional bonds may in like manner be issued to provide the amount of such deficit, which unless otherwise provided in the resolution authorizing the issuance of the bonds or in the trust indenture, shall be deemed to be the same issue and shall be entitled to payment from the same fund without preference or priority of the bonds first issued for the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required Page 2752 for the purpose for which such bonds were issued, all surplus shall be paid into the sinking fund provided for the payment of the principal of and the interest on such bonds. Section 12. Interim Receipts and Certificates of Temporary Bonds Prior to the preparation of definitive bonds, the authority may, under like restrictions issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter. Section 13. Replacement of Lost or Mutilated Bonds The authority may also provide for the replacement of any bond which shall become mutilated, destroyed, lost or stolen. Section 14. Conditions Precedent to Issuance: Object of Issuance Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. In the discretion of the authority, bonds of a single issue may be issued for the purpose of any particular project. Any resolution providing for the issuance of bonds under the provisions of this Act shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the authority at which a quorum is present. Section 15. Credit not Pledged Bonds issued under the provisions of this Act shall not be deemed to constitute a debt of the State or of Cobb County or of any political subdivision of the State or of Cobb County, but such bonds shall be payable from the revenues of the authority out of the special fund provided thereof, or from the properties of the authority, and the issuance of such bonds shall not directly, indirectly or contingently obligate the State, Cobb County or any political subdivision, to levy, or to pledge, any form of taxation whatever Page 2753 therefor or to make any appropriation for the payment thereof, and all such bonds shall contain recitals on the face thereof reciting substantially the provisions of this section. Section 16. Trust Indenture as Security In the discretion of the authority, any issue of such bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company, within or without the State. Resolutions providing for the issuance of bonds and trust indentures may contain such provisions for protecting and enforcing the rights and remedies of the bond holders, including the right to the appointment of a receiver upon the default of any principal or interest payment upon the bonds thereof, and the right of any receiver or indenture trustee to establish and to enforce the collection of, rates, fees and other charges for the use of any facility of the authority, or any service rendered by it necessary to pay all costs of operation and the principal and interest as the same mature on any outstanding bonds of the authority, and to do all things necessary or desirable to accomplish the collection of such sums in the event of any default by the authority; and such resolutions or trust indentures may include covenants setting forth the duties of the authority in relation to the acquisition of property, to construction of any project, the maintenance, operation, repair of any project, insuring the same, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the authority, and satisfactory to the original purchasers of the bonds issued therefor and may also require that the security given by the contractors and by any depository of the proceeds of the bonds or any other monies of the authority be satisfactory to such purchasers and may also contain provision concerning the conditions, if any, upon which additional bonds may be issued. It shall be lawful for any bank or Page 2754 trust company incorporated under the laws of this State to act as the depository of any funds of the authority, and to furnish such indemnifying bonds, or to pledge such securities, as may be required by the authority to secure such account. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing such resolution or trust indenture may contain such other provisions and covenants as the authority may deem to be reasonable and proper for the security of the bondholders. All expenses incurred in carrying out the provisions of such a resolution or trust indenture may be treated as a part of the cost of the operation of the project effected by such resolution or trust indenture. Section 17. To Whom the Proceeds of Bonds Shall Be Paid The authority shall, in the resolution providing for the issuance of bonds or in any trust indenture executed in connection therewith, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or to any agency, bank or trust company which, shall act as trustee of such funds and hold and apply the same subject to the provisions of this Act and any such resolution or trust indenture. Section 18. Pledge of Revenues, Sinking Fund The revenues derived from any particular project or projects, regardless of whether or not such revenues were produced by a particular project for which bonds have been issued, unless otherwise allocated or pledged, may be allocated and pledged by the authority to the payment of the principal and interest on revenue bonds of the authority as the resolution authorizing the issuance of the bonds or the trust indenture securing them may provide, and such funds so pledged, from whatever source received (which pledge may include funds received from one or more sources) shall be set aside at regular intervals, as may be provided in such resolution or trust indenture, Page 2755 into a sinking fund and said sinking fund shall be pledged to, and charged with, the payment of: (1) the principal of and the interest on said bonds as the same mature; (2) the charges of paying agents for paying said principal and interest; and (3) any premium upon bonds retired before maturity by call or purchase in accordance with the provisions of this Act. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of said bonds or in the trust indenture, into a sinking fund and said sinking fund shall be provided in such resolution or trust indenture, such sinking fund shall be a fund for the benefit of all bonds it was created to secure without distinction or priority of one bond over another. Subject to the provisions of the resolution authorizing the issuance of bonds or in the trust indenture executed in connection therewith surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued. Section 19. Remedies of Bondholders Any holder of a bond issued under the provisions of the Act and any holder of any coupon appertaining to any such bond, and the trustee under any trust indenture executed in connection with the issuance of such bond, unless the resolution authorizing the issuance of such bond or the trust indenture executed in connection therewith shall provide otherwise, may either at law or in equity, by suit, action, mandamus, or other proceeding, protect and enforce any and all rights given bondholders under the laws of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture to be performed by the authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls and other charges for the use of facilities of the authority and services furnished by the authority. Section 20. Refunding Bonds The authority is hereby Page 2756 authorized to provide by resolution for the issuance of refunding bonds for the purpose of refunding any bonds issued under the provisions of this Act and then outstanding, together with all accrued interest thereon. The issuance of such refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to the same, shall be governed by the provisions of this Act as if said refunding bonds had been an original issue insofar as said provisions be applicable. Section 21. Exemption From Taxation It is hereby found, determined and declared that the creation of the authority and the conduct of its corporate purposes is in all respects for the benefit of the people of this State and of Cobb County, and that the authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and none of its revenues or funds shall ever inure to, or be distributed for the benefit of, any private person, firm or corporation, except in payment of the lawful obligations authorized by this Act. The State of Georgia covenants with the holders of the bonds that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it and under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of any project erected by it or any fees, rentals or other charges for the use of such projects or for the use of any facilities of the authority or services furnished by it, or other income received by the authority and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation by or from within the State of Georgia. Section 22. Venue and Jurisdiction Any action to protect or to enforce any rights under the provisions of this Act or any suit or action against the authority shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to the validation of any Page 2757 bonds issued under the provisions of this Act shall likewise be brought in said court, which shall have exclusive, original jurisdiction of such action. Section 23. Validation: Adjudication Declaratory of Lease Contracts Validity Bonds of the authority shall be confirmed and validated in accordance with the procedure provided by the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), as amended. Section 24 Interests of Bondholders Protected While any of the bonds of the authority remain outstanding and unpaid or until provision shall have been duly made for the payment thereof, the powers, duties or existence of the authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will adversely affect the interests and rights of the holders of such bonds. The provisions of this Act shall be for the benefit of the authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 25. Monies Held as Trust Funds All monies received by the authority from any source shall be deemed to be trust funds to be held and applied solely as provided in this Act, and the holders of any bonds issued by the authority shall have a lien on all funds until applied to the extent and in accordance with the resolution authorizing the issuance of said bonds or any trust indenture executed in connection therewith. Section 26. Authority Fund All revenues in excess of all obligations of the authority of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the authority for the security of bonds issued hereunder, or otherwise, together with all receipts and gifts of every kind and nature whatsoever shall be and become the authority fund. The authority, in its discretion, shall pledge or utilize the authority fund for any one or more of the following purposes: Page 2758 (a) Pledges to the payment of any bond issue requirements, sinking or reserve funds, as may be provided for under the terms of this Act; (b) Payment of any outstanding unpaid bond obligations or administrative expenses; (c) The most advantageous obtainable purchase, redemption and retirement of the authority's bonds pursuant to privileges accorded to the authority in the various issues of bonds outstanding. After all outstanding bonds or obligations of the authority issued to pay the cost of any project have been paid or satisfied by payment, redemption and retirement, or otherwise, all revenues from that particular project in excess of those necessary to maintain, operate and manage such project (including extensions, renewals and additions thereto), unless otherwise allocated or pledged or herein provided, shall be donated to any one or all of the following as determined by the authority: (a) The Cobb County alms house for the relief of the indigent poor and aged of Cobb County; or (b) To the Kennestone Hospital in Marietta, Georgia, for use by the hospital for operating expense or for care of the indigent sick of Cobb County; or (c) To such other public charities or public agencies providing relief to the indigent sick, poor and aged of Cobb County. Section 27. Powers Declared Supplemental and Additional The foregoing sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Page 2759 Section 28. Liberal Construction of Act This Act is for the welfare of the inhabitants of the State and Cobb County and shall be liberally construed to effect the purposes hereof. Section 29. Effect of Partial Invalidity of Act The provisions of this Act are severable, and if any of its provisions shall be held to be unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 30. Validation: Adjudication Declaratory of Lease Contracts Validity In and as an integral, but independent, part of the bond validation proceedings under this Act, or separately, the authority is hereby given the right to and privilege of a simultaneous or separate right of action, suit or countersuit or equitable bill against Cobb County or any municipality therein or persons or corporation which has contracted with the authority for its services or facilities, pursuant to this Act, for a declaratory adjudication of the validity and binding effect of any such contract and any pledge of the income therefrom to the benefit of any bonds being validated. In each instance of the exercise of this right the actual controversy shall be whether or not the purported contracts contested are in all respects good and sufficient, valid and binding obligations of the parties thereto. Any citizen of Cobb County may intervene in such actions and assert any ground of objection. It shall be incumbent upon Cobb County or such municipality or person or corporation to defend against an adjudication of such validity or be forever bound unto the authority and all successors to the rights of the authority thereafter. Such adjudications may be rendered as an integral, but independent, part of the judgment upon the validation issue with which they are contested; or separately. Service may be perfected upon Cobb County or such municipality, person or corporation by second original served by the sheriff of Cobb County. Section 31. Repealing Clause All laws or parts of Page 2760 laws in conflict with the provisions of this Act are hereby repealed. Affidavit of Publication. Georgia, Cobb County. Before me, an officer authorized to administer oaths, came Margaret H. Smith, comptroller for the publisher of the Marietta Daily Journal, who deposes and says that the following is a true and correct copy of a notice of intention to apply for passage of a local bill or bills to create a Cobb County Parking Authority, and for other purposes as stated in said notice, which notice was published in the Marietta Daily Journal on the following dates: December 14th, 21st 28th, 1956. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill or bills to create a Cobb County Parking Authority; to provide methods of financing same by the issuance of revenue certificates and otherwise; to authorize same to own property, to contract, to sue and be sued; to borrow money and pledge the assets; to collect and disburse money; to own and operate a parking garage and to do all things necessary or incident thereto; to have all the rights and privileges of corporations generally and to be a body politic; and for other purposes. This 12th day of December, 1956. Eugene W. Holcombe, Fred D. Bentley, Harold S. Willingham, Raymond M. Reed. Deponent further says that the Marietta Daily Journal is a newspaper of general circulation in Cobb County, Georgia, is published weekly, and was at the time of said Page 2761 publication the newspaper in which the sheriff's notices for the county were published for the calendar year 1956. This, 22nd day of January, 1957. /s/ Margaret H. Smith, Comptroller. /s/ Brooks P. Smith, Publisher Marietta Daily Journal. By: Margaret H. Smith, Comptroller. Sworn to and subscribed before me this, 22nd day of January, 1957. /s/ Yvonne Harrison, Notary Public, Cobb County, Georgia. Notarial Seal Affixed. Approved March 7, 1957. TAYLOR COUNTY TAX COMMISSIONER. No. 272 (House Bill No. 435). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Taylor County into the one office of tax commissioner of Taylor County, approved March 2, 1933 (Ga. L. 1933, p. 673), as amended, 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 offices of tax receiver and tax collector of Taylor County into the one office of tax commissioner of Taylor County, approved March 2, 1933 (Ga. L. 1933, p. 673), as amended, is hereby amended by striking section 5 in its entirety and Page 2762 inserting in lieu thereof a new section 5, to read as follows: Section 5. Be it further enacted by the authority aforesaid, That the compensation of the tax commissioner of Taylor County shall be $3,600.00 per annum, to be paid in equal monthly installments from the funds of Taylor County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. The Butler Herald, Butler Georgia, January 31, 1957. Legal Ads. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to change the compensation of the tax commissioner of Taylor County; and for other purposes. This 21st day of January, 1957. Hugh G. Cheek, Representative, Taylor County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Hugh G. Cheek, who, on oath, deposes and says that he is representative from Taylor County, and that the attached copy of notice of intention to introduce local legislation was published in the Butler Herald, which is the official organ of said county, on the following dates: January 21, 28, and February 7, 1957. /s/ Hugh G. Cheek, Representative, Taylor County. Page 2763 Sworn to and subscribed before me this 8 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Notarial Seal Affixed. Approved March 7, 1957. POLK COUNTYCOUNTY ATTORNEY. No. 273 (House Bill No. 334). An Act to amend an Act creating and establishing a board of commissioners of roads and revenues for Polk County, approved August 19, 1919 (Ga. L. 1919, p. 719), as amended, by providing that the county attorney shall be annually elected by the board of commissioners for a term of one year; 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 board of commissioners of roads and revenues for Polk County, approved August 19, 1919 (Ga. L. 1919, p. 719, as amended, is hereby amended by striking section 14 thereof in its entirety, and inserting in lieu thereof a new section 14, to read as follows: Section 14. Be it further enacted by the authority aforesaid, that the commissioners shall, at their first meeting each year elect an attorney who shall be known as the county attorney, and who shall serve for one year unless he is sooner relieved by the commissioners, and whose salary shall be fixed at the first meeting annually. The commissioners shall have power to relieve and discharge the county attorney and name as a successor at anytime, in their discretion. The amount of the compensation Page 2764 to be paid for services shall be, in the discretion of the commissioners, based upon the amount and value of the services rendered. Term and compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Cedartown Standard. Certificate of Publisher. State of Georgia, County of Polk. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, J. W. Stuff, who, on oath, deposes and says that he is the B. M. of the Cedartown Standard, which is the official organ of Polk County, Georgia, and that the attached advertisement of notice of local legislation was published in said paper on January 11, 18, 25, 1957. /s/ J. W. Stuff, Business Manager. Sworn to and subscribed before me this 28 day of Jan., 1957. /s/ Mrs. Herbert DeArman, Notary Public, Polk County, Ga. My commission expires Feb 7, 1957. (Seal). Notice of Local Legislation. Notice is hereby given that there will be introduced in the 1957 session of the General Assembly of the State of Georgia, a local bill to amend An Act to create a board of commissioners of roads and revenues for Polk County, and for other purposes, approved 8-19-19 and to be found in Georgia Laws of 1919, page 719 et seq., by providing that the term of the county attorney shall be for a period of one year unless sooner relieved and that he shall be elected at the first meeting annually of the board of commissioners of roads and revenues, and for other purposes. Page 2765 This notice is given in compliance with the Constitution and Laws of the State of Georgia. John Pickett. 6, Jan. 11, 18, 25. Approved March 7, 1957. STEWART COUNTYCOMMISSIONER OF ROADS AND REVENUES. No. 275 (House Bill No. 445). An Act to amend an Act creating the office of commissioner of roads and revenues of the County of Stewart, approved August 23, 1927 (Ga. L. 1927, p. 654), as amended, so as to change the amount of compensation paid to the commissioner of roads and revenue; to provide for the appointment of a deputy commissioner of roads and revenues; to provide for the duties, powers, qualifications and compensation of said deputy 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 revenues of the County of Stewart, approved August 23, 1927 (Ga. L. 1927, p. 654), as amended, is hereby amended by striking therefrom section 9 in its entirety and substituting in lieu thereof a new section 9 so as to read: Section 9. Be it further enacted by the authority aforesaid, that the compensation of said commissioner shall be $3600.00 per annum, to be paid in equal monthly installments from the treasury of Stewart County. Salary. Section 2. Said Act is further amended by adding a new section to be numbered section 14(a) and to read: Page 2766 Section 14 (a). The commissioner of roads and revenues shall appoint a deputy commissioner who shall hold office at the pleasure of said commissioner. The qualifications, powers, jurisdiction, oath and bond of said deputy commissioner shall be the same as that of the commissioner but he shall serve only when the commissioner is absent due to sickness or other reason. In the event of a vacancy in the office of commissioner, the deputy shall serve until such time as an election can be held to elect a new commissioner. The compensation of said deputy commissioner shall be $10.00 per day for each day of actual service, Sundays excluded, and shall be paid monthly from the treasury of Stewart County. Deputy commissioner, duties, salary. Section 3. This Act shall become effective on the 1st day of the month following its approval by the grand jury of Stewart County, Georgia. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication of Intention to Introduce Local Legislation. Georgia, Stewart County: I, Byron C. Anglin, associate editor of the Stewart-Webster Journal, a newspaper published at Richland (and Lumpkin) Stewart County, Georgia, do hereby swear that a notice of intention to introduce local legislation pertaining to providing for the appointment of a deputy county commissioner for Stewart County was published in the Stewart-Webster Journal on the following dates: January 24, January 31, February 7, February 14. Attached hereto is a clipping of said advertisement, which was published in accordance with Georgia Law Page 2767 governing publication of notice of intention to introduce local legislation. /s/ Byron C. Anglin Byron C. Anglin Georgia, Stewart County: Sworn to and subscribed before me this 3rd day of February, 1957. /s/ P. D. Cureton Notary Public, Georgia, State at Large. Notice of Intention to Introduce Local Legislation. Georgia, Stewart County: Notice is hereby given that there will be introduced at the January, 1957 session of the General Assembly of Georgia, a bill to provide for the appointment of a deputy commissioner of roads and revenues of Stewart County; to provide for the duties, compensation and powers of the deputy commissioner of roads and revenues; to change the compensation of the commissioner of roads and revenues; to provide that the Act shall not become effective until approved by the grand jury; to repeal conflicting laws; and for other purposes. Sam Singer, Representative. Leon Butts, Senator of 12th District. Approved March 7, 1957. MUSCOGEE COUNTYSALARY OF ORDINARY No. 276 (House Bill No. 263). An Act to amend an Act, approved February 6, 1952, entitled: An Act to establish the salary of the Ordinary of Muscogee County, Georgia; to prohibit the Page 2768 ordinary of said county from practicing law; to repeal all laws in conflict with the provisions of this Act; and for other purposes, by changing the salary specified therein; to repeal all laws in conflict herewith; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The Act approved February 6, 1952 (Ga. L. 1952, p. 2182 et seq.) entitled An Act to establish the salary of the Ordinary of Muscogee County, Georgia; to prohibit the ordinary of said county from practicing law; to repeal all laws in conflict with the provisions of this Act; and for other purposes is hereby amended to provide that the salary of the ordinary of Muscogee County, Georgia shall be $8200.00 per annum. Section 2. The salary hereinabove provided shall become effective on June 1, 1957. Section 3. It is declared to be the intention of the General Assembly in this Act, and it is declared that it was the intention of the General Assembly in said Act hereby amended, that, as heretofore provided by law in the Act approved August 13, 1924 (Ga. L. 1924, p. 90), all fees, costs, percentages, forfeitures, penalties, allowances and all other perquisites of whatever kind now or hereafter allowed by law shall be received and collected by said officer for the sole use of said county and shall be held as public monies belonging to said county and accounted for and paid over to said county on or before the 10th day of each month, at which time a detailed itemized statement shall be made by said officer under oath showing such collections and the sources from which collected. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. Notice of intention to apply for the passage Page 2769 of this bill has been published in the Columbus Ledger, a newspaper in which the sheriff's advertisements of Muscogee County, Georgia, are published, once a week for three weeks during a period of sixty (60) days immediately preceding its introduction into the General Assembly. Attached hereto, and made a part of this Act, is a copy of said notice certified to by the publisher of said paper, as provided by law. Notice of Local Legislation. State of Georgia County of Muscogee. Notice is hereby given that application will be made at the session of the General Assembly of Georgia, which will convene in January, 1957, for the passage and approval of a bill entitled as follows: An Act to amend an Act, approved February 6, 1952, entitled: `An Act to establish the salary of the Ordinary of Muscogee County, Georgia; to prohibit the ordinary of said county from practicing law; to repeal all laws in conflict with the provisions of this Act; and for other purposes', by changing the salary specified therein; to repeal all laws in conflict herewith; and for other purposes. This 9th day of January, 1957. Columbus Lawyers Club By Tom Slade, President. 1-11, 18, 25 Georgia, Muscogee County. This is to certify that the attached copy of notice of intention to apply for the passage of a local bill has been published as provided by law once a week for three (3) weeks, to-wit: January 11, January 18, and January Page 2770 25, 1957, in the Columbus Ledger, the newspaper in which Sheriff's advertisements for Muscogee County are published. /s/ M. R. Ashworth Publisher The Columbus Ledger Columbus, Georgia Sworn to and subscribed before me this the 27 day of January, 1957. /s/ Wallace A. Kitchens Notary Public, Muscogee County, Georgia. (Seal). Approved March 7, 1957. McDUFFIE COUNTYCOUNTY TREASURER. No. 277 (House Bill No. 457). An Act to amend an Act entitled An Act to abolish the office of county treasurer for the County of McDuffie; to provide a depository for the funds of said county, and how said funds shall be disbursed; to prescribe the regulations governing the handling of county funds by such depository, and for other purposes, approved August 18, 1919 (Ga. L. 1919, p. 689), as amended by an Act approved February 8, 1937 (Ga. L. 1937, p. 1380) so as to provide that the board of commissioners of roads and revenues for McDuffie County shall appoint a depository for county funds and exercise all duties that were, at one time, performed by the treasurer of said county; to require said depository to be bonded; to require certain funds to be deposited with such depository; to provide for the employment of a clerk who shall assist said board in the disbursement and receipt of said funds; to require said clerk to be bonded; to provide that certain county funds Page 2771 shall be turned over to said depository and all pertinent records to 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 abolish the office of county treasurer for the County of McDuffie; to provide a depository for the funds of said county, and how said funds shall be disbursed; to prescribe the regulations governing the handling of county funds by such depository; and for other purposes, approved August 18, 1919 (Ga. L. 1919, p. 689), as amended by an Act approved February 8, 1937 (Ga. L. 1937, p. 1380) is hereby amended by striking section 2 in its entirety and substituting the following in lieu thereof: Section 2. The board of commissioners of roads and revenues of McDuffie County is hereby authorized and required to appoint some chartered bank in said county as depository for the county funds, in which, the county funds shall be deposited and from which they shall be disbursed in the manner hereinafter provided. The board is hereby required to appoint a depository at the first meeting of said board held after the passage and approval of this Act. The depository so appointed shall serve at the pleasure of said board, and until the appointment is revoked or a new depository is designated. Said board may at any time revoke the appointment of said depository and should said appointment be revoked, or should said bank resign from said appointment, or, for any reason become unable to act as such depository, said board shall have the power to fill such vacancy. County depository. Section 2. Section three of said Act is hereby amended by substituting the words board of commissioners of roads and revenues in lieu of the word ordinary and the word they in lieu of he wherever it appears in said section, so that when so amended, it will read as follows: Duties heretofore performed by county treasurer. Section 3. Be it further enacted by the authority Page 2772 aforesaid, that the board of commissioners of roads and revenues of McDuffie County shall discharge all the duties hereto discharged by the county treasurer, subject to the requirement of this Act that they must designate some duly chartered bank of said county as the county depository, and that they will receive no compensation from said county for fulfilling said duties heretofore performed by the county treasurer. Section 3. Section four of said Act is hereby amended by striking said section in its entirety and inserting the following in lieu thereof: Bond requirement Section 4. Said county commissioners of McDuffie County shall require a bond of security from said depository in such amount or with such security as the board may prescribe. Section 4. Section 5 of said Act is hereby amended by renumbering it as section 9 and placing it in numerical sequence. Section 5. A new section is hereby added to said Act which will be numbered section 5 and will read as follows: Section 5. All county funds which are paid to said board of commissioners shall be deposited, immediately upon receipt, in the bank which has been appointed as the county depository. Immediate deposit required. Section 6. A new section is hereby added to said Act which will be numbered section 6 and will read as follows: Section 6. All county funds, except such as may be specifically otherwise excepted by law, shall be disbursed by said board of commissioners, and in their discretion they shall have power to employ a disbursing clerk with such authority as the board may delegate. Said clerk may also be employed as a receiving clerk for all funds payable to McDuffie County and the board may Page 2773 authorize the clerk to receipt for all funds received. The clerk of the board of commissioners may, within the discretion of the board, be appointed to the position of said clerk. The term of employment of such clerk shall be at the will of said board of commissioners. Disbursing clerk. Section 7. A new section is hereby added to said Act which will be numbered section 7 and will read as follows: Same, bond. Section 7. Said disbursing and receiving clerk shall be required to make bond by a solvent surety company doing business in the State of Georgia in an amount fixed by said board. The board of commissioners is hereby given authority to pay the premium on the aforesaid bond. Section 8. A new section is hereby added to said Act which will be numbered section 8 and will read as follows: Section 8. All funds, heretofore under the jurisdiction and cognizance of the ordinary and treasurer, which are held by any person shall be turned over to the board of commissioners along with all books, papers and records relating thereto and in the possession or control of any person or officer of said county within ten days after the passage and approval of this Act. Funds and records. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Leonard N. Lokey, representative from McDuffie 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 McDuffie Progress, to-wit: Jan. 17-24 and 31, 1957, during a period of 60 days immediately Page 2774 preceding the introduction of said bill in the General Assembly of Georgia, and that the McDuffie Progress is a newspaper of general circulation in the County of McDuffie in which the advertisements of the sheriff of the County of McDuffie were and are published. /s/ Leonard N. Lokey. Sworn to and subscribed before me this 11 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend an Act creating a depository for the funds of McDuffie County, approved August 18, 1919 (Ga. L. 1919, p. 689), so as to provide that the board of commissioners of roads and revenues shall appoint such depository and exercise all duties that were, at one time, performed by the treasurer of said county; to establish a procedure for appointing said depository; to require certain funds to be deposited therein; to provide said board with authority to disburse said funds and employ the assistance of a disbursing clerk; to repeal conflicting laws; and for other purposes. This 12 day of January, 1957. Leonard N. Lokey Representative, McDuffie County. P-9/10/11 Approved March 7, 1957. Page 2775 CLAYTON COUNTYTAX COMMISSIONER'S SALARY. No. 278 (House Bill No. 253). An Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the one office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2076), 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 offices of tax receiver and tax collector of Clayton County into the one office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. L. 1925, p. 600), as amended, particularly by an Act approved December 7, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 2076), is hereby amended by striking section 7 in its entirety and inserting in lieu thereof a new Section 7, to read as follows: Section 7. The tax commissioner of Clayton County shall be compensated in the amount of $6,250.00 per annum, payable in equal monthly installments from the funds of Clayton County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind whatsoever heretofore or hereafter received by said tax commissioner, except as provided in section 3 of an Act relating to the commission on taxes collected in excess of a certain per cent of the taxes due according to the tax net digest, approved January 17, 1938 (Ga. L. 1937-38, Ex. Sess., p. 297), as amended. All funds collected from any source under color of said office, except as specified herein, shall be county funds and shall be accounted for by the tax commissioner as such. Salary. Page 2776 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 there will be introduced by the January 1957 session of the General Assembly of Georgia a bill relating to the compensation of the tax commissioner of Clayton County. This December 1, 1956. /s/ Robert E. Coleman Robert E. Coleman, Tax Commissioner. Georgia, Clayton County. Personally appeared before the undersigned authority authorized to administer oaths, J. C. Collins, who being duly sworn on oath says, that he is the business manager of the Clayton County News and Farmer and Forest Park Free Press, a newspaper having general circulation in said county, and being the newspaper in which the sheriff's advertisements are published, and that the attached and foregoing advertisement concerning local legislation was duly published in said paper on the following dates: December 5, 1956; December 12, 1956 and December 19, 1956. This December 19, 1956. /s/ J. C. Collins J. C. Collins Sworn to and subsribed before me this the 19th day of December 1956. /s/ Margaret H. Durham Page 2777 Notary Public, Clayton County, Georgia My Commission expires June 26, 1960. Notarial Seal Affixed. Notice of Intention to Apply for Local Legislation. GeorgiaClayton County. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia a bill relating to the allowances of the Clayton County Tax Commissioner. This December 1, 1956. Robert E. Coleman, Tax Commissioner, Clayton County. 12-19 Approved March 7, 1957. CITY OF HAPEVILLE CHARTER AMENDED. No. 279 (House Bill No. 483). 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 the repaving of any street, streets or public alleys, now existing or hereafter created or accepted within the city limits of the City of Hapeville, Georgia; the sharing of the expenses by the said City of Hapeville; for side street assessments; notice; 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, Page 2778 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 100. Street to be Repaved Lien upon Property. The Mayor and Council may in their discretion repave or resurface, or cause to be repaved or resurfaced 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 the assessment by mayor and council, subject to the terms and conditions hereinafter set forth. Section 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, except as otherwise provided herein. Section 200.1. No assessments shall be levied nor any repaving or resurfacing commenced under the provisions hereof until ten (10) days prior thereto notice shall have been published and mailed to the last known address of each property owner against whom such assessment and levy is contemplated. In addition a notice shall be published conspicuously in the main lobby of the city hall, and at least once in the official gazette of the City of Hapeville. The said notice shall set a time, date and place of a public hearing to which all interested citizens shall be invited for purposes of hearing objections, if any, to the proposed paving or resurfacing. If valid objections are filed or otherwise made sufficiently known to mayor and council some persons, firms or corporations representing ownership of more than sixty (60) percent of the property fronting along the street or alley to be repaved or resurfaced then and in that event the unanimous vote of the city council, not vetoed by the mayor, shall be necessary before the city shall Page 2779 be authorized to proceed with the assessment and with the repaving or resurfacing. Section 200.2 Corner Lots or Side Streets. Where the property is so situated to be a corner lot or where there is a side street abutting said property the assessments shall be as follows: Section 200.3 Cost of Repaving or Resurfacing. The city shall bear two-thirds of the initial cost or expense of repaving or resurfacing such side streets, subject to the tolling of assessments of side streets. Section 200.4 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. Section 200.5 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 the lot or tract. Section 200.6 DefinitionSide Street. A side street shall be any street where the abutting property fronts or faces another street abutting the same property. Section 300. Issuing Execution. Upon the failure of any person, firm, or corporation to pay a re-paving 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, or as the mayor and council may otherwise 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 property Page 2780 of the defendant. When any such execution comes into the hands of the marshall 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. Such execution may thereafter be satisfied in the same manner as now provided elsewhere in the charter of the City of Hapeville for the levy, sale and/or foreclosure for the collection unpaid taxes due the City of Hapeville. Section 400. 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 500. That all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit. Georgia, Fulton County. Personally appeared before me, the undersigned attesting officer, Frank Kempton, who, after being duly sworn, deposes and states 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 following true copy of notice of intention to apply for legislation was published in said paper: 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, 1957, for passage of legislation to provide for the expenses of paving, re-paving or repairing sidewalks in the City of Hapeville, Georgia, and for other purposes. Page 2781 This the 7th day of December, 1956. /s/ John L. Watson, Jr., John L. Watson, Jr. City Attorney of the City of Hapeville, Georgia. on the following dates: December 10, 17, 24, 31, 1956 and January 7, 14, 21, 28 and Feb. 4, 1957. /s/ Frank Kempton Frank Kempton Sworn to and subscribed to before me this the 5th day of February, 1957. /s/ Bessie K. Crowell Notary Public (Seal). 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, 1957, for passage age of legislation to provide for the expenses of paving, re-paving or repairing sidewalks in the City of Hapeville, Georgia, and for other purposes. This 7th day of December, 1956. John L. Watson, Jr. City Attorney of the City of Hapeville Dec 10 17 24 31 tfn. Approved March 7, 1957. Page 2782 JOHNSON COUNTYSHERIFF'S SALARY. No. 281 (House Bill No. 464). An Act to supplement the compensation of the sheriff of Johnson County; to provide the amount thereof and the method of payment thereof; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The compensation of the sheriff of Johnson County shall be supplemented in the amount of one hundred dollars ($100.00) per month. Such supplement shall be paid from the funds of Johnson County, upon order by the board of commissioners of roads and revenue of Johnson County. Supplement. 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 shall introduce a bill in the 1957 session of the legislature to provide for the payment of compensation to the sheriff of Johnson County, by the fiscal authorities of said county. This 16th day of January 1957. Emory L. Rowland Representative of Johnson County. (J.17-3tc) 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 that the attached copy of notice of intention to introduce local legislation was published in the Wrightsville Headlight which is the Page 2783 official organ of said county, on the following dates: January 17, 24 31, 1957. /s/ Emory L. Rowland Representative, Johnson County. Sworn to and subscribed before me this 11 day of Feb. 1957. /s/ Frances Y. Read Notary Public, Fulton Co. Approved March 7, 1957. CITY OF HAPEVILLE CHARTER AMENDED. No. 282 (House Bill No. 482). 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, re-paving or repairing of any sidewalk or sidewalks now existing or hereafter created or accepted within the city limits of the City of Hapeville, Georgia; the sharing of the expenses by the said city of Hapeville; for a side street assessment; notice; levy; sale; affidavit of illegality; redemption; 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, 1881, 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: Page 2784 Section 100. Sidewalks to be Paved, Re-Paved or Repaired, Lien upon Property. The Mayor and Council, in their discretion, may pave, re-pave or repair any sidewalk now existing or hereafter created or accepted within the city limits of the City of Hapeville, Georgia, including any and all necessary grading, with such material and in such manner as they may direct; and all assessments shall be a lien upon the property fronting such sidewalk from the date of the assessment by the mayor and council. Such paving, repaving or repair of sidewalks, except minor repairs when the city intends to bear all repair costs, may not be commenced, however, prior to public notice at least ten (10) days prior to the effective date of the enabling ordinance and assessment adopted by mayor and council, which notice shall set a date, time and place for a public hearing. Such notice shall be advertised at least one week prior to such public hearing in the official gazette of the city and posted in the lobby of the city hall. After such public hearing, mayor and council may proceed as in their judgment they shall see fit. Section 200. Costs by City and Property Owners. The abutting propery owners shall pay two-thirds of the costs or expense of paving, re-paving, or repairing such sidewalks by assessment thereon according to the frontage of each lot or tract thereof; the City of Hapeville shall bear the remaining one-third of the cost. Section 200.1 Corner Lots or Side Streets. Where the property is so situated as to be a corner lot at a street intersection, or where there is a side street abutting said property, the assessments shall be as follows: Section 200.2 Costs of Paving, Re-Paving or Repairing. The city shall bear two-thirds of the costs or expense of paving, re-paving or repairing such sidewalks, subject to the tolling of the assessments of side streets. Section 200.3 Tolling Part of Costs of Side Street. Assessments for sidewalks on side streets shall be tolled as to one-half of two-thirds of costs of paving, re-paving Page 2785 or repairing such sidewalks until the conditions hereinafter set out occur. Section 200.4 Re-Subdividing. Should any lot or tract of property be divided or platted so as to front upon a side street after the paving, re-paving or repairing such sidewalks and after the assessments 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. Section 200.5 DefinitionSide Street. A side street shall be any street where the abutting property fronts or faces another street abutting the same property. Section 200.6 Definition-Guttering. The term guttering shall be included in the term sidewalks and the costs of construction, re-placing or repairing said guttering shall be included in and be a part of the assessments for paving, re-paving or repairing sidewalks. Section 200.7 Digging Through, Under or Upon Sidewalks. No person, firm or corporation except the City of Hapeville, Georgia, shall dig through, under or upon said sidewalks except upon approval by Mayor and Council of the City of Hapeville, and then only after posting and indemnity bond with the clerk of the City of Hapeville, Georgia, payable to the City of Hapeville, Georgia, to indemnify the City of Hapeville, Georgia, for any damages it may sustain by reason of such work or by reason of their failure to replace such sidewalk in as good condition as said sidewalk was before such work began. Section 300. Issuing Execution. Upon the failure of any person, firm or corporation to pay an assessment for the paving, re-paving or repairing of said sidewalks 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 Page 2786 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 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 of Fulton County, Georgia. Section 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 the owner, or the tenant in possession if the owner is unknown, a written notice of such levy five (5) 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. Section 300.2 Time, Place and Manner of Sale. The time, place and manner of sale of property, both real and personal, for a paving, re-paving or repairing 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. Section 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 Page 2787 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 issuance 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. Section 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 paving, re-paving or repairing of sidewalks 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 as provided by law. Section 500. 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. All laws and parts of laws in conflict with this Act be and the same are hereby repealed. Publisher's Affidavit Personally appeared before me, the undersigned attesting officer, Frank Kempton, who, after being duly sworn, deposes and states 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 following true copy of notice of intention to apply for legislation was published in said paper: Page 2788 Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of Hapeville, Georgia apply to the session of the General Assembly of Georgia, convening in January, 1957, for passage of legislation to provide for the expenses of re-paving of streets in the City of Hapeville, Georgia, and for other purposes. This the 7th day of December, 1956. /s/ John L. Watson, Jr., John L. Watson, Jr. City Attorney of the City of Hapeville, Georgia. on the following dates: Nov. 5, 12, 19, 26, December 3, 10, 17, 24, 31, 1956 and January 7, 14, 21, 28, February 4, 1957. /s/ Frank Kempton Frank Kempton Sworn to and subscribed to before me this the 5th day of February, 1957. /s/ Bessie K. Crowell Notary Public (Seal). 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, 1957, for passage of legislation extending the city limits of the City of Hapeville and amending the charter of the City of Hapeville, Georgia, so as to provide governmental functions in said added areas and for other purposes. Page 2789 This 26th day of October, 1956. John L. Watson, Jr., City Attorney of the City of Hapeville, Georgia. Nov 5 tfn Approved March 7, 1957. CITY OF GRIFFIN CHARTER AMENDED. No. 283 (House Bill No. 488). An Act to amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, so as to change the punitive powers of the board of commissioners of the City of Griffin and the Criminal Court of Griffin; 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 Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, is hereby amended by striking section 23 in its entirety and inserting in lieu thereof a new section 23, to read as follows: Section 23. Commissioners. Punitive Powers. The board of commissioners shall have power to prescribe punishments for violations of any ordinance of said city, which may be by fine, imprisonment, or to work in the city chain gang, on the streets of said city or elsewhere therein as prescribed by the board of commissioners, and any one or more of these punishments may be ordered by the Criminal Court of Griffin, but in no case shall the fine be more than four hundred ($400.00) dollars, imprisonment more than six (6) months, or to work in the chain gang for more than six (6) months. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2790 Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the general session 1957 of the General Assembly of Georgia, will be made, in order to amend the charter of the City of Griffin, as amended, by amending section twenty three (23) of said charter so as to increase the punitive powers of the board of commissioners and the criminal court of said city; to repeal conflicting laws; and for other purposes. This the 18th day of January, 1957. 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, deposes and say that they are representatives from Spalding County, and that the attached copy of notice of local legislation was published in The Griffin Daily News, which is the official organ of said county, on the following dates: January 19, 1957, January 21, 1957 and January 28, 1957. /s/ Arthur K. Bolton /s/ Frank P. Lindsey, Jr. Representatives, Spalding County. Sworn to and subscribed before me this 11th day of February, 1957. /s/ John J. Nilan Notary Public, Muscogee County, Georgia. Approved March 7, 1957. Page 2791 CITY OF RIVERDALE CHARTER AMENDEDRECORDER'S COURT. No. 284 (House Bill No. 251). An Act to amend an Act incorporating the City of Riverdale, in the County of Clayton and State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205), so as to create a recorder's court; to provide its powers and duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the City of Riverdale, in the County of Clayton and State of Georgia, approved February 13, 1956 (Ga. L. 1956, p. 2205) is hereby amended by striking section 23 and in lieu thereof inserting the following: Section 23. Recorder's Court. There is hereby created a recorder's court for the trial of the offenses and offenders against the laws and ordinances of the City of Riverdale; such court to be called the recorder's court, and at the first meeting of the mayor and council after their election and qualification, they shall appoint a city recorder for the ensuing year, and until his successor is appointed and qualified, and when so appointed and qualified as hereinafter provided, shall have full authority as judge of said court for the administration of its affairs. His salary shall be fixed by the mayor and council, and he shall take such oath as may be prescribed by the mayor and council, and shall be subject to removal, with or without any stated cause, upon a majority vote by the council. Any vacancy in the office of city recorder, by death, resignation, removal or other, shall be supplied by appointment of the mayor and council. In his disqualification or absence, the mayor or mayor pro tem. may hold such said court, and may exercise all the powers conferred by law or this charter upon the recorder. Page 2792 Section 2. Said Act is further amended by striking section 24 and in lieu thereof inserting the following: Section 24. Sentence. The recorder or any authorized presiding officer of the recorder's court may punish for any violation of a city ordinance or law by fine not exceeding $250.00; imprisonment not to exceed 90 days; to work in the workgang on the public streets, or on such public works as the authorities may employ the workgang, not to exceed 60 days; any one or more of these punishments in the discretion of the recorder or presiding officer of said court. Section 3. Said Act is further amended by striking section 25 and in lieu thereof inserting the following: Section 25. Contempt. When sitting as a court as a recorder, the judge or presiding officer thereof, shall have the power to punish for contempt by fine not exceeding $100.00, imprisonment in the manner prescribed as aforesaid not exceeding 30 days, one or both, or any part thereof, in the discretion of the presiding officer. Section 4. Said Act is further amended by striking section 26 and in lieu thereof inserting the following: Section 26. Warrants. The recorder of the City of Riverdale shall be authorized to issue warrants for any offense under any law or ordinance of the City of Riverdale or this State, and when the offense is against State laws and not covered by municipal law or ordinance, may hear evidence and commit to jail or take bond for appearance before the grand jury or a State court having jurisdiction to try the same. If the offense charged in the warrant be one against any law or ordinance of the City of Riverdale, the arresting officer shall carry before the recorder's court, where same shall be disposed of as other cases of arrest not under warrant. All warrants issued by the recorder, or any one authorized to preside in the recorder's court, shall be directed to the `Chief of police of the City of Riverdale, any policeman or marshal thereof, and to all and singular the sheriffs, Page 2793 deputy sheriffs, and constables of the State of Georgia', and any one of said officers shall have authority to execute warrants. Section 5. Said Act is further amended by striking section 27 and in lieu thereof inserting the following: Section 27. Witnesses. The recorder, or any authorized presiding officer of the recorder's court shall have 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 attendance, and to punish any witness who has been duly subpoenaed and fails to attend, under the provisions heretofore provided for contempt with respect to authority of the recorder to punish for contempt in the recorder's court. Section 6. Said Act is further amended by striking section 28 and in lieu thereof inserting the following: Section 28. Workgangs. 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 recorder's court of the City of Riverdale, to work upon the streets or public works of said city; and shall have the power to make rules and regulations that may be suitable or necessary for the care, management or control of the gang, and to enforce same through its proper officer. Section 7. Said Act is further amended by striking section 30 and in lieu thereof inserting the following: Section 30. Bonds, Appearance, Forfeiture and Cash. Any police officer of the City of Riverdale shall have authority to release any person arrested for a violation of any law, regulation or rule of said municipal government upon such person giving a bond payable to the City of Riverdale in an amount and surety to be approved by the policeman or as directed by the city recorder, conditioned for the appearance of such person Page 2794 before the recorder's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. If any person so released under appearance bond shall fail to appear for trial at the time named therein, such bond shall be forfeited; and a rule nisi shall be issued requiring him or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond shall not be absolutely forfeited. Copies of such rule shall be served upon such person or persons to whom it shall be directed at lease five days before the return day thereof, provided such person or persons are residents of said city, and such service may be made personally or by mailing a written notice to such person or persons at their last known address. At the time such rule is made returnable and no sufficient cause be shown, the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof, and all costs, against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk of the City of Riverdale and the recorder, and shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this State, and the same when so issued shall be a lien upon all property, real or personal of such parties, and binding effect upon such property and of the defendants therein as if the same were issued upon judgments in the superior courts, and shall be levied by any officer to whom it shall be directed. Provided, however, that any police officer of said city, when the emergency of the occasion demands it, may require cash bonds for the appearance of such arrested person or persons, and upon their failure to appear at trial thereof, said cash bond may, in the discretion of the city recorder, be regarded as a fine and so assessed by said recorder. Section 8. Said Act is further amended by striking section 31 and in lieu thereof inserting the following: Section 31. Appeals, Certiorari. Any person convicted before the recorder or other presiding officer of Page 2795 the recorder's 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 judgment complained of is pronounced; and provided further, that 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, 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 recorder's court, or to increase it at 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 recorder, 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 in the recorder's court, from certioraring the proceedings directly to the superior court. Section 9. Effective Date of Amendment. Be it further enacted that the provisions of this amendment shall become effective and in full force immediately after said amendment is approved. Section 10. Conflict of Laws. All laws and parts of laws in conflict with this Act are hereby repealed. This 3rd day of December, 1956. Mayor and Council City of Riverdale, Page 2796 By:H. G. Voyles, Mayor. Affidavit. 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 19 and 26, 1956, and on January 2, 1957. /s/ J. C. Collins, J. C. Collins, Business Manager, Forest Park Free Press and Clayton County News and Farmer. Sworn to and subscribed before me this 3 day of January, 1957. /s/ Harold R. Banke, Harold R. Banke, Notary Public, Georgia State at Large. My commission expires April 26, 1958. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the January, 1957, session of the General Assembly of Georgia, a bill to amend the charter of the City of Riverdale to provide a recorder's court; and for other purposes. This 3rd day of December, 1956. Mayor and Council City of Riverdale, By: H. G. Voyles, Mayor. Approved March 7, 1957. Page 2797 CITY OF TENNILLE CHARTER AMENDED. No. 285 (House Bill No. 478). An Act to amend an Act creating a new charter for the City of Tennille, approved August 21, 1906 (Ga. L. 1906, p. 1073), as amended, so as to change the corporate limits of the City of Tennille; 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 Tennille, approved August 21, 1906 (Ga. L. 1906, p. 1073), as amended, is hereby amended by adding a new section, to be known as section 2A, to read as follows: Section 2A. The following described area shall also be included within the corporate limits of the City of Tennille: Starting at a pole at the corner of the present city limits on the old Wrightsville road and following the road to the crossing of the Wrightsville and Tennille railroad; thence following the railroad in a southeasterly direction to another pole a distance of 2311 feet; thence turning southwest along the line of State Highway District Engineering property to a stake on State route 15 at a point 1960 feet from the present city limits; thence in a straight line to a stake on State route 68 at a point 1232 feet from the present city limits; thence in a straight line to a stake on the old Oconee road at a point 190 feet from the present city limits and continuing in a straight line for 200 feet to a stake; thence turning in a northwesterly direction in a straight line to a point where the present city limits corners on the western end of Central Avenue. Corporate limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2798 Legals. Notice to Public. This is to notify the public that I purpose to introduce a bill in this session of the Legislature to extend the city limits of Tennille on the east and south sides and to the north edge of the property of the District Engineering Office. Signed, Harvey Roughton, Rep. Wash. Co., Ga. (j. 24-3tc) 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: January 24 and 31, 1957, and February 7, 1957. /s/ Harvey Roughton, Representative, Washington County. Sworn to and subscribed before me this 12th day of February, 1957. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Notarial Seal Affixed. Approved March 7, 1957. Page 2799 CITY OF COLLEGE PARK CHARTER AMENDEDELECTIONS. No. 286 (House Bill No. 360). 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: Section 1. 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. L. 1895), as amended is hereby further amended by striking the sentence reading Said book or books shall consist of a book or books made up of separate printed oaths, in form and language substantially as hereinafter set out, securely bound together; and said Mayor and Council may, in their discretion, provide for a separate book or books for each of the wards of said city. where it appears in the paragraph identified as section 15(a) of the Amendatory Act, approved January 30, 1946 (Ga. L. 1946, p. 455) and substituting in lieu thereof the following sentence: Said book or books shall consist of a book or books made up of individual registration cards Page 2800 and/or other forms on which is printed an oath, in form and language substantially as hereinafter set out, and other pertinent data as the mayor and council shall direct; and said mayor and council may, in their discretion, provide for a separate book or books for each of the wards of said city. Section 2. That said Act is amended is hereby further amended by striking the words three copies of where they appear in the paragraph identified as section 15 (d) of the amendatory Act, approved January 30, 1946 (Ga. L. 1946, p. 455.). Section 3. That said Act as amended is hereby further amended by striking the word sixtieth where it appears in the paragraph identified as section 15(d) of the amendatory Act, approved January 30, 1946 (Ga. L. 1946, p. 455) and substituting in lieu thereof the word thirtieth. Section 4. That said Act is amended is hereby further amended by adding the clause, or who have not voted in at least one City of College Park city election within a two year period, after the word died where it appears in the paragraph identified as section 15(d) of the Amendatory Act, approved January 30, 1946 (Ga. L. 1946, p. 455). Section 5. That said Act as amended is hereby further amended by striking the words three lists where they appear in the paragraph identified as section 15(e) of the amendatory Act, approved August 18, 1923, (Ga. L., 1923, p. 558) and substituting in lieu thereof the words one list. Section 6. That said Act as amended is hereby further amended by adding after the word freeholders where it appears in the paragraph identified as section 16(a) of the Amendatory Act, approved August 15, 1922 (Ga. L. 1922, p. 653) the following: or spouses of freeholders,. Page 2801 Section 7. 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 8. 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. 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, 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 19th day of December, 1956, and once each week for 5 consecutive weeks as provided by law. /s/ A. M. Kempton. Subscribed and sworn to before me, this 28th day of Jan., 1957. /s/ Frank Kempton. (Seal). 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 Page 2802 the General Assembly of Georgia, convening in January, 1957, 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 such 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 13, 1956. City of College Park, By: Henry G. Crawford, City Attorney, 912 N W Main Street, College Park, Georgia. Dec 19 26 Jan 2 9 tfn Publisher's Affidavit 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, 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 19th day of December, 1956, and once each week thereafter for three consecutive weeks as provided by law. /s/ Jack Troy. Page 2803 Subscribed and sworn to before me this 24th day of Jan., 1957. /s/ Margaret H. Durham, Notary Public, Clayton County, Ga. My Commission Expires June 26, 1960. (Seal). 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 General Assembly of Georgia, convening in January, 1957, 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 such 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 13, 1956. City of College Park, By: Henry G. Crawford, City Attorney, 912 N. W. Main Street, College Park, Georgia. Approved March 7, 1957. Page 2804 TOWN OF BOWDEN CHARTER AMENDED. No. 287 (House Bill No. 315). An Act to amend an Act providing a new charter for the Town of Bowden, approved August 12, 1910, (Ga. L. 1910, p. 408-425), so as to change the name of the Town of Bowden to City of Bowdon; to authorize the punishment of violators of the ordinances of the City of Bowdon by imprisonment of a fine not exceeding $100.00 or a sentence of 120 days imprisonment, or both; to authorize the opening of the polls at all elections in the City of Bowdon at 6:00 a. m., and the closing thereof at 4:00 p. m., standard time; to authorize the mayor and council to sell and dispose of any real or personal property owned by the city and for which the city has no further need or use, in the official judgment of the mayor and council; to authorize the extension of municipal natural gas lines in areas in Carroll County outside the city limits of the City of Bowdon, and other purposes. Section 1. Be it enacted by the General Assembly of Georgia that section 1 of the new charter of the Town of Bowden as embodied in Ga. L. 1910, p. 409, section 1, is hereby amended by striking therefrom where the same appears, the words Town of Bowden and inserting in lieu thereof, City of Bowdon, so that hereafter the official name of said municipality is and shall be City of Bowdon. Name changed. Section 2. Be it further enacted that section 16 of said charter is amended by striking therefrom the words, not to exceed $50.00 or imprisonment not to exceed sixty days or to work on streets and sidewalks of said town not to exceed sixty days and inserting in lieu thereof the language, not to exceed $100.00 or imprisonment not to exceed one hundred twenty days, or to work on the streets and sidewalks of said city not to exceed one hundred twenty days. Mayor's court. Section 3. Be it further enacted that the mayor and Page 2805 council of the City of Bowdon is authorized to sell and dispose of any real or personal property owned by the City of Bowdon for which the city has no further municipal use, in the official determination of said mayor and council, and to make and execute instruments of title conveying the same, on such consideration as may be fixed by official action of the mayor and council of said city. Sale of property. Section 4. Be it further enacted that section 4 of said charter be amended by striking therefrom the language, The polls at all elections in said town shall be opened at 8:00 a. m. and shall close at 3:00 p. m., and inserting in lieu thereof the langugage, The polls at all elections in said city shall be opened at 6:00 a. m. and shall close at 4:00 p. m., standard time. Election hours. Section 5. Be it further enacted that the City of Bowdon is authorized to extend its municipal natural gas system, mains, and distribution plant, outside the municipal limits of the City of Bowdon into adjacent areas within Carroll County, Georgia. Municipal gas system. Section 6. Be it further enacted that all laws or parts of laws in conflict herewith are hereby repealed. 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 of local legislation was published in said newspaper on the following dates, to-wit: Jan. 17, 24 and 31. This 2nd day of Feb., 1957. /s/ Stanley Parkman, Sworn to and subscribed before me this 2nd day of Feb., 1957. /s/ Patricia Hughes, Notary Public. Notary Seal Affixed. Page 2806 Notice of Intention to Apply for Passage of Local Legislation. Notice is hereby given that application will be made at the 1957 session of the General Assembly of Georgia for the passage of the following bill: An Act to amend the charter of the Town of Bowden as contained in Georgia Laws of 1910, page 408-425 so as to provide that: (1) The name of the Town of Bowden as set forth in said charter shall be changed to City of Bowdon. (2) That the mayor's court shall have a right to impose fines not exceeding $100.00 and/or a sentence of one hundred twenty (120) days, either one or both, in any case of violation of the ordinances of the town. (3) Authorize the mayor and council to sell any property, real or personal, owned by the city for which the city has no further use in the opinion of the mayor and council. (4) Authorize the managers of elections for councilmen or mayor and councilmen of the town of Bowdon to open the polls at 6:00 a. m. standard time and to close the polls at 4:00 p. m. standard time. (5) Authorize the extension of the natural gas lines from the municipal gas system of Bowdon into any area within Carroll County, Georgia. This 18th day of December, 1956. Mayor and Council of the Town of Bowden, By: Earl Kent, Mayor. B. A. Martin, Clerk. 1/17, 24, 31 Approved March 7, 1957. Page 2807 LIBERTY COUNTYAUTOMOBILE ALLOWANCE FOR SHERIFF. No. 288 (House Bill No. 444). An Act to amend an Act entitled An Act to provide for the compensation of the Clerk of the Superior Court and the Sheriff of Liberty County; to provide for certain assistance of such officers; to provide for fees to be paid to the county; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes, approved February 16, 1955 (Ga. L. 1955, p. 2340) so as to provide that the sheriff of said county will be reimbursed for the use of his personal automobile in carrying out his official duties; to establish a maximum amount of reimbursement; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for the compensation of the Clerk of the Superior Court and the Sheriff of Liberty County; to provide for certain assistance for such officers; to provide for fees to be paid to the county; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes, approved February 16, 1955 (Ga. L. 1955, p. 2340) is hereby amended by the addition of a new section, numbered 4-A, which is hereby placed in numerical order and which reads as follows: Section 4-A. In addition to the compensation provided in section 4, the Sheriff of Liberty County shall be reimbursed by said county for the expense incurred in the operation of his personal automobile while carrying out the duties of his office. However, said reimbursement shall not exceed one hundred ($100.) dollars per month. Page 2808 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 law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Liberty County. Before me, the undersigned, an officer authorized to administer oaths, personally came M F Clark, Jr., who, being first duly sworn first according to law, deposes and on oath says, That he is the editor and publisher of the Liberty County Herald, a newspaper in Liberty County, Georgia, in which sheriff's advertisements are published and that there has been published in the issue of said newspaper for January 24, 1957 January 31, 1957, and February 7, 1957, a legal notice of local legislation of which the clipping attached below is a facsimile copy. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced as the January 1957 session of the General Assembly of Georgia, an Act to amend an Act passed at the January 1955 session of the General Assembly of Georgia, entitled An Act to provide for the compensation of the Clerk of the Superior Court and the Sheriff of Liberty County; to provide for certain assistance for such officers; to provide for fees to be paid to the county; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes, so as to provide that the Sheriff of Liberty County shall be compensated for the use of his personal automobile in carrying out the duties of his office as provided by law; which said compensation or allowance shall be in addition to the salary now received by the Sheriff of Liberty County as provided by law; and for other purposes. This 18th day of January, 1957. Page 2809 Roscoe Denmark, Representative, Liberty County, Georgia. 3t (J. 24-31-Feb. 7) /s/ M. F. Clark, M. F. Clark, Editor and Publisher of Liberty County Herald. Sworn to and subscribed before me this 7th day of February, 1957. /s/ Paul E. Carswell, N. P. Judge City Court of Hinesville. Approved March 7, 1957. CITY OF GRIFFIN CHARTER AMENDED. No. 289 (House Bill No. 489). 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 Page 2810 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 or 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), 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: 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 Page 2811 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 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. Corporate limits. 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, 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 1957 Act annexing new areas in Spalding County into the City of Griffin. And Against approval of the 1957 Act annexing new areas in Spalding County into the City of Griffin. Referendum. All person 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 necessary that a majority of those persons voting in the territory to be annexed vote for approval of the Act before such Act shall become effective. In the event that Page 2812 a majority of those persons voting 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 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 reside at the polling place where votes are cast in general elections. 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 and to appoint a manager and clerks for each voting place and any such manager or clerk who shall be guilty of fraud, corruption, or mismanagement in the management of such election shall be punished as for a misdemeanor. It shall the 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. In the event said election shall result in a tie, or said election shall be declared illegal by competent authority, the ordinary of Spalding County shall thereupon issue a call for second election. The date of such second 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. In the event the ordinary shall be prevented by court action from calling said election or second election, he shall in that event call said election or second election for a day not less than twenty (20) nor more than thirty (30) days after the final determination of Page 2813 such court action, provided such final determination is favorable to the holding of said election or second election. Said second election shall be advertised and held as provided in section 2 of this Act and governed by the provisions of this Act. Section 5. 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 Local Legislation. Notice is hereby given that application for the passage of local legislation at the general session 1957 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 said corporate limits; to provide for a referendum thereon; and for other purposes. This 27th day of December, 1956. 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 local legislation was published in The Griffin Daily News, which is the official organ of said county, on the following dates: January 4, 1957, January 7, 1957 and January 14, 1957. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr., Representatives, Spalding County. Page 2814 Sworn to and subscribed before me this 11th day of February, 1957. /s/ John J. Nilan, Notary Public, Muscogee County, Georgia. Approved March 7, 1957. TAX COMMISSIONERS TO BE EX OFFICIO SHERIFFS IN CERTAIN COUNTIES FOR CERTAIN PURPOSES. No. 299 (Senate Bill No. 115). An Act to vest in the tax-commissioners of certain counties all the powers and duties of sheriffs in their respective counties, relative only to the collection of all tax fi. fas. issued by such tax commissioners, to make levy of such fi. fas., advertisement of the sale of property so levied, sell and execute bills of sale and conveyances of such property; to provide for their compensation; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. All tax-commissioners of the State of Georgia, an all of the counties thereof having a population of not less than twenty-two thousand five hundred fifty (22,550) and not more than twenty-two thousand eight hundred fifty (22,850) according to the census of the United States of America for the year 1950, or as shown and determined by any future census of the United States of America, shall be ex-officio sheriffs of their respective counties only in so far as to authorize such tax-commissioners in their respective counties to levy and collect all of the tax fi. fas. issued by said tax-commissioners, by levy and sale under said tax fi. fas.; and that said tax commissioners be vested with full power and authority to levy any and all tax fi. fas. issued by Page 2815 them, whether prior to the passage of this Act or subsequently thereof, as fully and effectively as if done by the sheriffs of said counties; and shall have powers of sheriffs to bring all property subject to said tax fi. fas. to sale and to sell the same as fully and effectively as if done by the sheriffs of said counties; and shall have full power and authority not only to seize and levy upon all property subject to said tax fi. fas., but shall have all the powers now vested in sheriffs for the advertisement of the same for sale, for the sale of the same, and for the making and delivery of all due and proper conveyances and bills of sale; and all the acts of said tax commissioners as ex-officio sheriffs shall be as valid and binding as if done by the sheriffs of said counties. Counties where applicable and for what purposes. Section 2. Said tax-commissioners and ex-officio sheriffs shall have no power or authority with respect to any fi. fas., except such as may be issued by said tax commissioners, or their predecessors in office, for the enforcement of the collection of taxes; but as regarding the collection of taxes, the said tax-commissioners shall have power to do and perform all acts and things as fully and effectively as if done by the sheriffs of said counties; but that all acts done and performed by the tax-commissioners of said counties by virtue of this Act shall be done in conformity with the law now in force governing the performance of the same by the sheriffs of said counties; and all advertisements of the property to be sold by said tax-commissioners which are required by law to be published in a newspaper shall be made in the newspaper in which the sheriff's advertisements for said counties are published. Powers limited. Section 3. The tax-commissioners, in carrying out the provisions of this Act, shall have power and authority to appoint one or more deputies which shall have all the powers of said tax-commissioners as ex-officio sheriff only in the levy and collection of taxes; the advertisements, actual sales and conveyances and bills of sale, however, are to be made only by the said tax-commissioners; the said deputies are required to give such bond as may be required by said tax-commissioners; and said Page 2816 deputy or deputies shall have no power or authority except with respect to the levy of said tax fi. fas. and the collection of taxes, and shall hold the office of deputy at the will of the tax-commissioner. The tax-commissioners shall be responsible for the acts of the deputy or deputies as sheriffs are now liable for the acts of their deputies. Same, deputies Section 4. The compensation to be paid tax-commissioners in said counties for services by them as ex-officio sheriffs shall be the same as that fixed by law for the compensation of sheriffs in said counties, and the same shall be paid in the same manner. The tax-commissioners shall pay the services of any and all deputies appointed by them under such terms as may be fixed by said tax-commissioner. Same, compensation. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 8, 1957. BUILDING CODES AUTHORIZED IN CERTAIN COUNTIES. No. 302 (Senate Bill No. 153). An Act to protect the health and safety of the inhabitants of all counties having a population of not less than 29,000 and not more than 29,100, according to the United States Census of 1950, or according to any future census of the United States; to authorize the ordinary, commissioners of roads and revenue or other governing authorities of said counties to make, adopt, amend, repeal, and prescribe building codes, rules and regulations as to the erection, construction, repair, equipment, rebuilding, alteration, renovation, remodeling, changing and removal of buildings, dwellings, houses and any other structures whatsoever erected Page 2817 or repaired outside the corporate limits of any municipality, including codes, rules and regulations to the installation and connection of plumbing, septic tanks, sewer lines, man holes, drains and electric wiring and connections; to establish certain rules and regulations relating thereto, and to further establish standards and guides controlling such codes, rules and regulations and the promulgation thereof; to provide that such codes, rules and regulations shall have the force and effect of laws; to provide for the appointment of building, plumbing and electrical inspectors for said counties; to empower said ordinary, commissioners of roads and revenue or other governing authorities to prescribe the qualifications, terms, duties and compensations of said inspectors; to fix charges and prescribe inspection fees to be paid; to authorize and empower said ordinary, commissioners of roads and revenue or other governing authorities to require building permits under said building codes, rules and regulations, and to make a charge therefor; to provide for the enforcement of said codes, rules and regulations, and to provide penalties and punishments for the violation of said building codes, rules and regulations; 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. From and after the passage of this Act, the ordinary, commissioners of roads and revenue or other governing authorities of all counties in the State of Georgia having a population of not less than 29,000 and not more than 29,100, according to the United States Census of 1950, or according to any future census of the United States, are hereby authorized and empowered to make, adopt, alter, amend, change, repeal, and prescribe building codes, rules and regulations concerning, affecting or relating to the construction, erection, equipment, alteration, repair, changing or removal of buildings, dwellings, houses and any structure whatsoever located outside the corporate limits of any municipality Page 2818 in said counties, including codes, rules and regulations relating to plumbing, electrical work and all matters included or embraced in the erection, construction, equipment, alteration, repair, changing or removal of buildings, houses or any structure of any kind. Counties where applicable. Section 2. Said building codes, rules and regulations may embrace such matters as codes, rules and regulations as to fire limits, plans, approvals, repairs, definitions, certificates of occupancy, classification of buildings, permissible area of lot occupied, excavations and foundations, walls, heights and areas, allowable loads, means of ingress and egress, tests, quality and weight of materials, working stresses, cast iron construction, steel construction, timber construction, roofs and roof structures, fire doors, fire windows and fire shutters, protection of vertical openings, cellars, vaults, areaways, and projecting structures, mill construction, fire-resistive construction, fireproofing, reinforced concrete construction, strength tests for floor construction, chimneys, flues and heating and plumbing, apparatus, existing buildings razed, altered, repaired or moved, frame buildings, standpipe requirements, sprinkler requirements, construction and equipment of theatres, dwellings, walls of hollow building tile, hollow concrete block or hollow walls of brick, regulations governing construction and operation of elevators, signs and billboards, protection of workmen and the public, regulations controlling the construction, alteration and use of apartment houses, proceedings in connection with unsafe or collapsed buildings and such other matters relative to the construction, alteration, demolition and removal of houses, buildings and other structures as may be proper or useful for the protection of health and safety. The enumeration herein shall not be construed as exclusive. Coverage of building codes. Section 3. Said ordinary, commissioners of roads and revenue or other governing authorities shall have the right, power, and authority to appoint a building, plumbing and electrical inspector or inspectors for said counties and such other assistants as the said ordinary, commissioners of roads and revenue or other governing Page 2819 authorities may deem necessary. Said ordinary, commissioners of roads and revenue or other governing authorities shall have the right, power and authority to prescribe the qualifications, terms, duties and compensation of said building, plumbing and electrical inspector or inspectors and such assistants as they may authorize or appoint. Building inspectors. Section 4. Said ordinary, commissioners of roads and revenue or other governing authorities shall have the right, power and authority to make codes, rules and regulations as to permits for and inspections of construction, equipment, plumbing and electrical installations, alteration, repairing or removal of houses, buildings, or other structures outside the corporate limits of municipalities located in said counties and may prescribe fees or charges for permits and such inspections, which fees shall be fixed and charged by said ordinary, commissioners of roads and revenue or other governing authorities and shall be paid to the county treasurer or fiscal agent of said counties by the owner or owners of the property upon which said construction, altering, equipment or repairing is done or is proposed to be done, and such fees shall be credited to the general funds of the said counties. Rules, etc. Section 5. The compensation of the county building, plumbing and electrical inspector or inspectors and assistants prescribed from time to time by said ordinary, commissioners of roads and revenue or other governing authorities shall be paid out of the general funds of said counties. Compensation of inspectors. Section 6. All codes, rules and regulations adopted, promulgated or prescribed under this Act shall have the force and effect of laws of the State of Georgia. Effects of codes. Section 7. All violations of any of the codes, rules and regulations adopted, promulgated or prescribed by said ordinary, commissioners of roads and revenue or other governing authorities under the provisions of this Page 2820 Act are hereby declared to be misdemeanors and any person violating any such codes, rules and regulations shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor under the provisions of Section 27-2506 of the Code of Georgia of 1933. Crimes. Section 8. Full compliance with all codes, rules and regulations set up hereunder shall be a prerequisite to issuance of any permit, and failure to secure such permit as is required under such codes, rules and regulations is hereby declared to be a misdemeanor. Compliance required. Section 9. The violation of any of the provisions of any such codes, rules and regulations as may be adopted, promulgated or prescribed by said ordinary, commissioners of roads and revenue or other governing authorities under this Act may be restrained and enjoined by an action in the name of the county against the person or persons violating or aiding in violating any of the provisions of such codes, rules and regulations and it shall be the duty of the court having jurisdiction thereof to restrain and enjoin such violators in such proceedings, such injunction or restraining order shall likewise be applicable to any threatened violation or any continuance of violation of such codes, rules and regulations. Injunctions. Section 10. If any portion or provision of this Act may be found unconstitutional, such invalidity shall not affect any other portion or provision of this Act. Section 11. All Acts and parts of Acts in conflict with this Act be and the same are hereby repealed. Approved March 8, 1957. Page 2821 COMPENSATION TO R. H. JACKSON FOR DAMAGE TO AUTOMOBILE. No. 48 (House Resolution No. 63-170a). A Resolution. To compensate R. H. Jackson; and for other purposes. Whereas, on January 24, 1956, Mr. R. H. Jackson had his automobile parked near the Highway Barn at Franklin, Georgia; and Whereas, an employee of the State Highway Department had negligently parked a truck belonging to the State Highway Department in such a manner that it began to roll backwards, and struck several parked cars, including that belonging to Mr. Jackson, and damaged it in the amount of $473.64; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Jackson, 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 $473.64 to Mr. R. H. Jackson of Franklin, Georgia, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 8, 1957. LAW BOOKS TO ORDINARY OF BIBB COUNTY. No. 51 (House Resolution No. 86-260d). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Ordinary of Bibb County; and for other purposes. Page 2822 Whereas, certain volumes of the Georgia Supreme Court Reports are missing from the Office of the Ordinary of Bibb 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 Bibb County the following volumes of the Georgia Supreme Court Reports: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 and 49; 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 required to purchase said books, provided funds are available for such purpose from any unappropriated funds. Approved March 8, 1957. LAW BOOKS TO SUPERIOR COURT OF FULTON COUNTY. No. 55 (House Resolution No. 168-526b). A Resolution. Authorizing the State Librarian to furnish to the Superior Court of Fulton County, Atlanta Judicial Circuit, without Page 2823 cost to said county, certain enumerated volumes of the Georgia Supreme Court and the Court of Appeals. Whereas, there are missing and lost from the library adjacent to the First Criminal Division of the Superior Court of Fulton County, Atlanta Judicial Circuit, the following volumes of the Georgia Reports of the Supreme Court, and Court of Appeals, to-wit: Georgia Supreme Court Reports, Volumes 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204, 205, 206, 207, 208, 209, and 210; and Court of Appeals Reports, Volumes 1, two volumes of Volume 2, 3, 4, 5, 6, 12, 13, 15, 16, 17, 18, 19, 20, 24, 29, 30, 31, 32, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 56, 57, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 92, and 93. Whereas, the business of said court is hampered and delayed on account of said lack of said reports, as above enumerated; Therefore, be it resolved by the General Assembly of the State of Georgia, that the State Librarian be, and she is hereby authorized and directed to furnish to the said Superior Court of Fulton County, Atlanta Judicial Circuit, for the use of its library, adjacent to the First Criminal Division of said court, without Page 2824 cost to Fulton County, the missing volumes of said Georgia Reports of the Supreme Court, and of the Court of Appeals, as above enumerated. If for any reason the State Librarian cannot furnish the law books above specified, the Governor is hereby authorized to draw his warrant upon the State Treasurer for the amount required for the same, provided said funds are available from any unappropriated funds. Approved March 8, 1957. CITY OF ATLANTA CHARTER AMENDED. No. 305 (House Bill No. 552). 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 New Charter for the City of Atlanta, approved February 28, 1874, and Several Acts Amendatory Thereof, be further amended as follows: Section 1. By detaching, excluding and disconnecting from the territory heretofore incorporated in and annexed to the City of Atlanta that part of land lots 102, 123, and 134 of the 14th district of Fulton County, and the inhabitants thereof, enclosed within the following boundary line, to-wit: Beginning at a point on the south side of Lakewood Avenue three hundred forty-eight (348) feet east of Sylvan Road, and running thence west along the south Page 2825 side of Lakewood Avenue and parallel with the north line of land lots 102, 123 and 134, four thousand (4000) feet, more or less, to the east side of North Main Street and the city limits of East Point; thence south two hundred (200) feet along the present city limits to the point where said city limits turn eastward; thence east along the present city limits of East Point four thousand (4000) feet, more or less, to a point three hundred forty-eight (348) feet east of Sylvan Road; thence north two hundred (200) feet to the south side of Lakewood Avenue and the point of beginning. Corporate limits. Section 2. 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. Section 3. 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, 27 days of December, 1956, and on the 3, 10, 17, 24, 31 days of January 1957 and Feb. 7, 14, 1957 As provided by law. /s/ Frank Kempton. Page 2826 Subscribed and sworn to before me this 19th day of February, 1957. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My Commission expires March 8, 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 1957 session of the General Assembly, which convenes on Monday, January 14, 1957, 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. This December 20, 1956. Charlie Brown Senator 52nd District M. M. (Muggsy) Smith J. Ralph McClelland Wilson Brooks Representatives, Fulton County, Georgia. Dec. 20 27 Jan 3 10. Approved March 12, 1957. CITY OF EAST POINT CHARTER AMENDED. No. 306 (House Bill No. 553). An Act to amend an Act establishing a new charter for the City of East Point, in Fulton County, approved Page 2827 August 19, 1912, (Ga. L. 1912, p. 862, et. seq.) 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: Section 1. All of that area of Fulton County in land lots 102, 123 and 134 of the 14th district of said county within the following boundary line is hereby incorporated in and annexed to the City of East Point as a part of the third ward of said City, to wit: Beginning at a point on the south side of Lakewood Avenue three hundred forty-eight (348) feet east of Sylvan Road, and running thence west along the south side of Lakewood Avenue and parallel with the north line of land lots 102, 123 and 134, four thousand (4000) feet, more or less, to the east side of North Main Street and the city limits of East Point; thence south two hundred (200) feet along the present city limits to the point where said city limits turn eastward; thence east along the present city limits of East Point four thousand (4000) feet, more or less, to a point three hundred forty-eight (348) feet east of Sylvan Road; thence north two hundred (200) feet to the south side of Lakewood Avenue and the point of beginning. Corporate limits. Section 2. That all of the government, laws, ordinances, rights, rules and regulations, jurisdiction, power and authority of the City of East Point and its offices, departments, agencies, and authorities, hereby extended over all of said annexed territory and the inhabitants thereof including all of said city's duties, obligations and immunities. Section 3. Notice of intention to apply for this local legislation was published 3 times in the Fulton County Daily Report in 3 separate calendar weeks during a period of 60 days next preceding the introduction of this Page 2828 bill in the legislature, and a copy of said notice is attached hereto and by reference is incorporated herein and made a part hereof as required by the new Constitution of Georgia. Section 4. 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 14, 21, 28 days of December, 1956, and on the 4, 11, 18 days of January 1957. As provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 18th day of January, 1957. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My Commission expires March 8, 1958. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the next regular 1957 session of the General Assembly of Georgia the title to such bill or bills to be as follows: An Act to amend an Act establishing a new charter Page 2829 for the City of East Point, in Fulton County, approved August 19, 1912, (Ga. L. 1912, p. 862, et. seq.) and the several Acts amendatory thereof; and for other purposes. This 13th day of December, 1956. City of East Point By: Ezra E. Phillips City Attorney 1301 Fulton Natl. Bank Bldg. Atlanta 3, Georgia Dec. 14 21 28 tfn. Approved March 12, 1957. CIVIL COURT OF FULTON COUNTYJUDGES' SALARIES. No. 307 (House Bill No. 549). 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 Page 2830 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 amenadtory thereto, especially section 14-A of the Act of the General Assembly approved March 12, 1956, so as to provide for an increase in the salaries of the judges of 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. From and after the passage of this Act, the 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, especially section 14-A of the Act of the General Assembly approved March 12, Page 2831 1956, by striking said section 14-A of said Act approved March 12, 1956, and substituting in lieu thereof a new section to be numbered 14-A, to read as follows: Sec. 14-A. The annual salary of the chief judge of said court shall be fifteen thousand ($15,000.00) dollars, and the annual salary of the associate judges of said court shall be fourteen thousand four hundred ($14,400.00) dollars, 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. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. 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 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 17, 24, 31 days of December, 1956, and on the 7, 14 days of January, 1957 As provided by law. /s/ Frank Kempton. Page 2832 Subscribed and sworn to before me this 15th day of January, 1957. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia. My Commission expires March 8, 1958. Notarial Seal Affixed. Notice of Intention to Apply for Local Legislation. Pursuant to the provisions of Article III, Section VII, Paragraph XV of the Constitution of Georgia of 1945, notice is hereby given of intention to apply at the next regular session of the General Assembly of the State of Georgia, which will convene on the second Monday in January, 1957, for the enactment of local legislation to amend the Act creating the Civil Court of Fulton County (formerly Municipal Court of Atlanta), approved August 20, 1913, as heretofore amended. Said Act appears in Georgia Laws 1913, pages 145 through 177. This the 14th day of December, 1956. Hewitt W. Chambers Clerk, Civil Court of Fulton County. Dec. 17 24 31 tfn. Approved March 12, 1957. PURCHASING AGENT AND CLERK AUTHORIZED IN CERTAIN COUNTIES. No. 308 (House Bill No. 603). An Act providing for the appointment of a clerk and purchasing agent for the board of commissioners of roads and revenues of all counties in this State having a population of not less than 108,000 and not more than 113,000 according to the United States Census Page 2833 of 1950, or any future United States Census, to provide for such clerk's authority, duties, and compensation and repeal of acts in conflict there with. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same as follows: to wit: Section 1-A. In all counties in this state having a population of not less than 108,000 and not more than 113,000 according to the United States Census of 1950, or any other future census of the United States, the board of commissioners of roads and revenues of such county, or counties, shall have the right and authority to appoint a clerk and purchasing agent to serve at the pleasure of the board of commissioners of roads and revenues from such county, or counties. Clerk and purchasing agent. Section 1-B. The said clerk shall have such authority and perform such duties as may be delegated or required by the board of commissioners of roads and revenues of such county, or counties. Duties, salary. The salary of such clerk shall be $5,775.00 dollars per annum, to be paid monthly out of the county treasury of the county of such clerk's appointment. Section 2. Be it further enacted by the authority of the aforesaid that all laws and parts of laws in conflict herewith be and the same are hereby repealed. Approved March 13, 1957. CITY OF DOUGLAS CHARTER AMENDED. No. 309 (House Bill No. 409). An Act to amend an Act approved March 12, 1941, (Ga. L. 1941, pp. 1323-1334), establishing a new charter for Page 2834 the City of Douglas, Georgia, and providing for a city commission-city manager form of government, entitled An Act to provide for a City Commission-City Manager form of government and to increase the number of commissioners from three to five, providing for one commissioner to be elected from each of four city wards and one from the city at large, and to provide for and establish qualifications of such commissioners, their salaries, their residence requirements and their means and modes of election and all other matters incidental therewith, to provide that the person elected from the city at large shall be mayor; to repeal conflicting laws; 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 Act approved on March 12, 1941, (Ga. L. 1941, pp. 1323-1334), and the several Acts amendatory thereto creating a new charter for the City of Douglas, Georgia, creating a municipal government of said city, be, and the same is hereby amended in the following particulars: All provisions of said charter creating a board of commissioners of three men are hereby abolished on and after July 1, 1957. 1941 Act amended. Section 2. The word three where it appears in line three of section 2 of Georgia Laws 1941, at page 1325 shall be stricken and the word five therein inserted so that said section 2 as so amended shall read as follows: Section 2. Be it further enacted, that in lieu of the mayor and aldermen of said City of Douglas, it is hereby created and established a commission of five citizens, who shall be known as the board of commissioners for the City of Douglas. Said board of commissioners for the City of Douglas are hereby given all rights, powers and authority heretofore vested in the mayor and aldermen of the City of Douglas, or the board of aldermen, or council, of the City of Douglas, and the water and light commission, except as otherwise provided herein, and except as such rights and powers are hereby otherwise Page 2835 expressly delegated to the city manager, hereinafter created and established. Form of government. Section 3. That section 3 as the same appears in Georgia Laws 1941, at page 1325 be stricken in its entirety and the following section be inserted in lieu thereof reading as follows: That the City of Douglas be and the said City of Douglas, Georgia, is hereby divided into five political wards, and said political wards are designated as ward number one, ward number two, ward number three, ward number four and ward number five. Said wards described as follows: Wards, election of commissioners. Ward number one shall embrance all that part of the City of Douglas, Georgia, lying east of the center of Peterson Avenue and north of the center of Ward Street: Ward number two shall embrace all that part of the City of Douglas, Georgia, lying east of the center of Peterson Avenue and south of the center of Ward Street; Ward number three shall embrace all that part of the City of Douglas, Georgia, lying west of the center of Peterson Avenue and south of the center of Ward Street; Ward number four shall embrace all that part of the City of Douglas, Georgia, lying west of the center of Peterson Avenue and north of the center of Ward Street; and Ward number five shall embrace the entire corporate limits of the City of Douglas, Georgia, and shall be further designated as ward at large. Each of said wards are to have a commissioner, who must be a resident of such ward and so remain during his tenure of office but each of said commissioners shall be elected at large by voters of the City of Douglas, Georgia. The person elected from the ward at large shall be the mayor. Section 4. That section 4 of the Georgia Laws 1941, page 1325 be stricken in its entirety and in lieu thereof the following section be inserted as section 4 to read as follows: Be it further enacted that the city commissioners shall Page 2836 be elected at large by the qualified voters of said city, and shall be citizens of said city, who shall have the same qualifications as are prescribed by the present charter of said city and its several amendments thereto for the office of commissioner and shall have the further following qualifications; That each commissioner must be a resident and so remain of the ward of which he seeks to or does represent and must have been a resident of such ward for at least six months prior to his election and any person residing within the corporate limits of the City of Douglas, Georgia, without restriction as to geographic residence may offer for election as commissioner of ward number five. Election of commissioners. Section 5. That section 5 of the Georgia Laws 1941, page 1325 be stricken in its entirety and in lieu thereof the following section be inserted as section 5 and to read as follows: Be it further enacted, that at the first election for said commissioners, hereinafter provided for, said five commissioners shall be elected for a term to begin on the first day of July, 1957, and to end on the first day of July, 1959; and that thereafter, the five commissioners shall serve for a term of two (2) years, beginning on the first day of July, 1959. Same, terms. Section 6. That section 6 of the Georgia Laws 1941, page 1325 be stricken in its entirety and in lieu thereof the following section be inserted as section 6 to read as follows: The election of the board of commissioners shall be held under the supervision and control of the board of commissioners of said city, subject to the laws of force for holding elections for commissioners for said city. In case there is a tie vote between the candidates, a new election shall be called by said board of commissioners in not less than ten days or more than fifteen days from the election, which election shall be held only for the purpose of determining between the candidates receiving Page 2837 the same number of votes, and elections shall be called and held as often as may be necessary after the candidate, or candidates may be elected. There shall be an election to elect the five commissioners on the third Saturday in June, 1957, and on the third Saturday in June every two years thereafter. Same. Section 7. That section 10 of the Georgia Laws 1941, page 1327, be stricken in its entirety and in lieu thereof the following section be inserted as section 10, to read as follows: Be it further enacted, that the commissioners, at their first meeting and at their first meeting in each succeeding term thereafter, shall elect by a majority vote one of their members as mayor pro tem. The mayor and the mayor pro tem. shall have imposed upon them all of the duties now exercised and imposed upon the mayor and the mayor pro tem. of said city, except as herein otherwise expressly provided. Neither the mayor nor the mayor pro tem. shall have veto power, but shall have a vote on all questions before the board of commissioners. Three members of the commission shall constitute a quorum and may exercise any power delegated to the commission. Mayor pro tem. Section 8. The salaries of the chairman and other members of the board of commissioners shall remain the same as is now fixed by law. Salaries. Section 9. That section 20 of the Georgia Laws 1941, page 1333 be stricken in its entirety and in lieu thereof the following section be inserted in section 20 to read as follows: Be it further enacted, that the board of commissioners of the City of Douglas, Georgia, shall within sixty days of the passage of this Act, provided, and provided only, that there shall have been presented to said board of commissioners of the City of Douglas, Georgia, a petition therefore signed by more than twenty percent of the Page 2838 registered voters, as of the last City election for electing commissioners, of the City of Douglas, call an election for the adoption or rejection of this amendment, as provided in the Act of the General Assembly of Georgia for 1925, pages 136, et seq., and amendatory Acts thereof, and as codified in the Code of the State of Georgia 1933, sections 69-101 and 69-102. Referendum. Section 10. Be it further enacted, that should said election result in favor of the adoption of this amendment said Act shall immediately become effective but shall become operative only as herein provided, and that said board of commissioners shall thereafter call an election for the election of five commissioners, as provided in section 6 of this Act. Election if Act adopted. Section 11. Be it further enacted by the authority aforesaid, that if any section, or part of a section 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, or part of a section, of this Act, but shall be confined in its operations to the section or part of the section, directly involved in the controversy in which judgment shall have been rendered. Section 12. Be it further enacted, by the authority aforesaid, that all laws or parts of laws in conflict with this Act are hereby repealed. Provided that all corporate powers heretofore granted said municipality shall remain of full force and effect, to be exercised in the manner and by the methods provided by this Act. Georgia, Fulton County. Personally appeared before the undersigned authority Tom T. Fellows, 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 once a week for three weeks during a period of sixty days immediately Page 2839 preceding the introduction of such bill into the General Assembly, as provided by law. /s/ Tom T. Fellows Representative, Coffee County. Sworn to and subscribed before me, this 7 day of Feb., 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Georgia, Coffee County. 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 act: An Act to amend an Act approved March 12, 1941, (Ga. L. 1941, pp. 1323-1334), establishing a new charter for the City of Douglas, Georgia, and providing for a city commission-city manager form of government, entitled An Act to provide for a City Commission-City Manager form of government and to increase the number of commissioners from three to five, providing for one commissioner to be elected from each of four city wards and one from the City at large, and to provide for and establish qualifications of such commissioners, their salaries, their residence requirements and their means and modes of election and all other matters incidental therewith. Said proposed act will of necessity be submitted to the qualified voters of the City of Douglas, Georgia, by referendum as provided by Georgia Code 1933 Annotated section No. 69-101, 102. This December 19th, 1956. Page 2840 Tom T. Fellows R. E. Roberts Representatives-elect Coffee County, Georgia. 12-20, 27. 1-3, 10 Approved March 13, 1957. FULTON COUNTYPENSION SYSTEM AMENDED. No. 310 (House Bill No. 562). An Act to amend an Act entitled 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, approved March 6, 1956 (Ga. L. 1956, p. 3098, et seq.) so as to allow credit to county officers and employees, for prior service as a county officer or employee, or as an officer or employee of the State, or of a municipality of Fulton County; to provide the conditions for such service and the payments, if any, which may be required therefor; 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 that the Act entitled 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 Page 2841 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, approved March 6, 1956 (Ga. L. 1956, p. 3098, et seq.) be amended as follows: Section 1. All options heretofore granted to employees for participation in any benefit of this pension system, or for credit, by reason of prior service as a Fulton County officer or employee, officer or employee of the City of Atlanta or other municipality of Fulton County, or officer or employee of the State of Georgia, are hereby reopened and may be exercised at any time during the period ending June 30, 1957. Whenever the officer or employee exercising such option or desiring such credit, is required to pay into the pension fund any money, such money shall be paid from the end of the service for which credit is sought at the rate of three (3%) per cent per annum. In all cases where credit is sought for a period of service prior to July 1, 1939, no payment shall be required of the employee for credit on such service. However where credit is sought for service for any period subsequent to July 1, 1939, payment shall be required and made at the same rate and on the same amount that would have been required had such officer or employee been an employee of Fulton County eligible for and electing to come under this pension system during said period. Options. Section 2. All laws and parts of laws in conflict herewith be and the same 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. Page 2842 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, 27 days of December, 1956, and on the 3, 10 days of January, 1957. As provided by law. /s/ Frank Kempton Subscribed and sworn to before me this 15th day of January, 1957. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia My Commission expires March 8, 1958. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1957 session of the General Assembly of Georgia for local legislation to amend 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 (Ga. L. 1939, p. 571), and the several acts amendatory thereof. This December 19, 1956. Harold Sheats, County Attorney, Fulton County. Dec 20 27 Jan 3 10 17 24 31. Approved March 13, 1957. Page 2843 GOLF PROFESSIONALS IN CERTAIN CITIES. No. 311 (House Bill No. 550). An Act to provide for the compensation of all golf professionals employed by municipalities having a population of 300,000 or more, according to the United States Census of 1950 or any future United States census; to repeal all 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: Section 1. In all municipalities having a population of 300,000 or more, according to the United States Census of 1950, or any future United States census, all golf professionals employed, associated or serving in any capacity as employees, facilities or adjuncts of any park, golf course or other recreational facility owned or operated by such city, shall be compensated equally and shall bear equal status and classification; except that compensation, when derived from commissions on the sale or rental of facilities or equipment, shall not be affected thereby. Salaries. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. TOWN OF FORT OGLETHORPE CHARTER AMENDED. No. 312 (House Bill No. 563). An Act to amend an Act incorporating the Town of Fort Oglethorpe, in the counties of Catoosa and Walker, as Page 2844 approved February 17, 1949 (Ga. L. 1949, p. 703) so as to change the age necessary to qualify to vote in elections held in said town; to provide that the board of aldermen determine the compensation to be paid election managers; to change the amount of compensation to be paid to the mayor and aldermen; 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 incorporating the Town of Fort Oglethorpe, in the counties of Catoosa and Walker, as approved February 17, 1949 (Ga. L. 1949, p. 703) is hereby amended by striking from section 9 the words twenty-one years and substituting in lieu thereof the words eighteen years, so that section 9 as amended shall read as follows: Section 9. Qualification of voters. Be it further enacted that all persons residing within the town limits three months prior to any election who are eighteen years of age or older, or any persons of such age who have been the owner of any real property located within the corporate limits of said town for one month prior to any election, shall be entitled to vote for said mayor and aldermen and in any other election held in and for said town. No other person shall be entitled to vote in elections held in said town. Section 2. Said Act is further amended by striking from section 12 the sentence Said managers of election shall be paid two dollars ($2.00) each as compensation for holding such election., and substituting in lieu thereof the sentence Said managers of an election shall be paid such compensation as determined just and appropriate by the board of aldermen., so that section 12 as amended shall read as follows: Section 12. Managers and rules for elections. Be it further resolved that all elections held in and for said Page 2845 town shall be managed by a justice of the peace or other judicial officer and by two (2) freeholders or by three (3) freeholders, residents of said town to be selected by the mayor; before entering into the 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 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 town, nor will we knowingly prohibit anyone from voting who is by law entitled to vote.' Said oath to be signed by all managers in the capacity in which he acts. The oath may be administered by any officer qualified to administer oaths or the managers may swear each other. Said managers of an election shall be paid such compensation as determined just and appropriate by the board of aldermen. The polls in all elections held in and for said town shall be open from seven (7) o'clock, a. m. until six (6) 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 results. They shall keep two lists of voters and two tally sheets and shall make a certificate of the result on each tally sheet. The person receiving the highest number of votes for the respective offices, shall be declared to be elected. One of said tally sheets, and one of said lists of voters, together with the ballot, shall be placed by the managers in an envelope or box and sealed and filed with the clerk of said town. The other list of voters and tally sheet shall be kept by such managers for a period of thirty days. Such envelope or box filed with the clerk shall be opened at the next regular meeting of the mayor and aldermen and the results of the election declared by them, after which all of said election papers shall be placed in said envelope or box and kept by the clerk without inspection, provided no contest be filed or pending for a period of sixty days, after which same may be destroyed. The mayor and aldermen of said town are authorized and empowered to adopt such other and Page 2846 further reasonable rules for the conduct of elections in said town as they may deem proper. Contests over any election held in said town may be had in the manner as provided by the laws of Georgia in cases of municipal election contests. Section 3. Said Act is further amended by striking from section 19 the words and figures one hundred and twenty dollars ($120.00) and twelve dollars ($12.00) and substituting in lieu thereof the words and figures fifteen hundred dollars ($1,500.00) and two hundred and fifty eight dollars ($258.00) respectively so that section 19 as amended shall read as follows: Section 19. Salaries of the Mayor and Aldermen. Be it further enacted that the mayor shall receive a salary not in excess of fifteen hundred dollars ($1,500.00) per year, payable monthly, and each of the aldermen of said town may be paid compensation not in excess of two hundred and fifty eight dollars ($258.00) per year for their services. Provided the salaries of the mayor and aldermen may be fixed and regulated by the board of aldermen at the beginning of each calendar year. Section 4. This Act shall become effective upon approval: Provided, that no change in salary for the mayor and aldermen shall become effective until the amount is determined at the next regular or special meeting of the board of aldermen. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publisher of Newspaper. State of Georgia, Catoosa County. 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; Page 2847 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 paper on the..... of January, 1957, the..... of January, 1957 and..... of February, 1957. /s/ Ned Lee Publisher. Subscribed and sworn to before me this..... day of....., 1957. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Fort Oglethorpe so as to change the voting age; to provide that the compensation for election managers be determined by the board of aldermen; to change the amount of compensation of the mayor and aldermen; and for other purposes. This 21st day of January, 1957. John W. Love, Jr. Catoosa County Representative Affidavit of Publisher of Newspaper. State of Georgia, Walker County. Personally appeared before me, E. B. Hall, who on oath says that he is the owner and publisher of the Walker County Messenger, 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 23rd of January, 1957, the 30th of January, 1957 Page 2848 and the 6th of February, 1957. /s/ E. B. Hall Publisher. Subscribed and sworn to before me this 6th day of February, 1957. /s/ Betty Lou Hall. Notary Public My commission expires 7/31/60. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Fort Oglethorpe so as to change the voting age; to provide that the compensation for election managers be determined by the board of aldermen; to change the amount of compensation of the mayor and aldermen; and for other purposes. This 21st day of January, 1957. William M. Campbell Walker County Representative Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1951 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Fort Oglethorpe so as to change the voting age; to provide that the compensation for election managers be determined by the board of aldermen; to change the amount of compensation of the mayor and aldermen; and for other purposes. This 21st day of January, 1957. Page 2849 William M. Campbell Representative, Walker County 2-6-3t. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend the charter of the Town of Fort Oglethorpe so as to change the voting age; to provide that the compensation for election managers be determined by the board of aldermen; to change the amount of compensation of the mayor and aldermen; and for other purposes. This 21st day of January, 1957. John W. Love, Jr. Representative Catoosa County Personally appeared before me, John W. Love, Jr., who on oath says that the above notice of intention to introduce local legislation was published in the Catoosa County News, which is the official organ of said county on the following dates January 24, January 31 and February 7, 1957. /s/ John W. Love, Jr. John W. Love, Jr. Representative, Catoosa County. Sworn to and subscribed before me this 21st day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 13, 1957. Page 2850 CITY OF EAST POINT CHARTER AMENDED. No. 314 (House Bill No. 521). An Act to amend an Act establishing a new charter for the City of East Point in Fulton County approved August 19, 1912 (Ga. L. 1912, pp. 862, et. seq.) and the several Acts amendatory thereof; and for other purposes. Be it enacted by the General Assembly, and it is hereby enacted by authority of the same that: Section 1. All that tract or parcel of land situated lying and being in land lot 130 of the 14th district of Fulton County, Georgia, enclosed within the following territorial boundary line, to wit: Beginning at a point on the north line of land lot 130 one hundred fifty-five (155) feet west of the west side of Harrison Road; thence east one hundred fifty-five (155) feet along the north line of land lot 130 to the west side of Harrison Road; thence north along the west side of Harrison Road six hundred three (603) feet, more or less, to the north side of a branch; thence westwardly along the north side of said branch seven hundred sixty-two (762) feet, more or less, to an iron pin; thence north two hundred fifty-nine and eight-tenths (259.8) feet to an iron pin on the south side of Willingham Drive; thence northwestwardly along the south side of Willingham Drive twelve hundred fifty (1250) feet to the southeast corner of Willingham Drive and Plant Street; thence southwestwardly along the east side of Plant Street six hundred seventy-seven (677) feet, more or less, to the center line of Vesta Avenue and the city limits of the City of College Park; thence southeastwardly two hundred sixty-seven (267) feet to an iron pin marking the northwest corner of Lot 12, block G of Elmwood subdivision; thence eastwardly eleven hundred thirty-six (1136) feet along the north line of said block G and the extension thereof; thence southwardly six Page 2851 hundred seven (607) feet, more or less, parallel with and one hundred forty (140) feet east of Elm Street to a point on the north line of land lot 130 and the city limits of the City of College Park; thence east along the north line of land lot 130 and the city limits of the City of College Park six hundred forty (640) feet, more or less, to the point of beginning, all being in the 14th district of Fulton County, Georgia, and the inhabitants thereof be and the same are hereby annexed to and incorporated in the City of East Point as a part of the fourth ward of said city, the territory hereby annexed to the City of East Point being a part of the lands occupied by what is known as Gate City Cotton Mills. Corporate limits. Section 2. Be it further enacted by the authority aforesaid that said annexed territory and the inhabitants thereof shall be subject to the government of said City of East Point, and all of the rights, powers, authorities, jurisdictions, privileges and immunities of said city, its departments, agencies, officers and employees are hereby extended over said annexed territory and the inhabitants thereof to the same extent as it now exists or may hereafter exist within the present territorial limits of said city, including police, tax, and all other rights, powers, authority and jurisdiction. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Section 4. This Act shall become effective for all purposes on January 1, 1959. 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 Page 2852 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 14, 21, 28 days of December, 1956, and on the 4, 11, 18 days of January 1957. As provided by law. /s/ Frank Kempton. Subscribed and sworn to before me this 18th day of January, 1957. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. (Seal). Notice of Intention to Apply for Local Legislation. Georgia, Fulton County. Notice is hereby given that the City of East Point intends to apply for the passage of local legislation at the next regular 1957 session of the General Assembly of Georgia, 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 East Point, in Fulton County, approved August 19, 1912, (Ga. L., 1912, p. 862, et. seq.) and the several Acts amendatory thereof; and for other purposes. This 13th day of December, 1956. City of East Point, By: Ezra E. Phillips, City Attorney, 1301 Fulton Natl. Bank Bldg., Atlanta 3, Georgia. Dec 14 21 28 tfn Approved March 13, 1957. Page 2853 FLOYD COUNTYPUBLIC WORKS EMPLOYEES. No. 315 (House Bill No. 527). An Act to authorize and empower the Board of Commissioners of Roads and Revenues of Floyd County, Georgia, to employ not exceeding two assistant superintendents of public works for said county; to provide that any such assistant so employed shall serve at the pleasure of said board and at such salary as said board shall set from time to time; 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: Section 1. Be it and it is hereby enacted by authority of the General Assembly of the State of Georgia that from and after the passage of this Act the Board of Commissioners of Roads and Revenue of Floyd County, Georgia, shall be authorized and empowered to employ not exceeding two (2) assistant superintendents of public work for said county. Assistant superintendent of public works. Section 2. Be it and it is hereby further enacted by the authority aforesaid that any such assistant so employed shall serve at the pleasure of said board and at such salary as said board shall set from time to time. Section 3. Be it and it is hereby further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are repealed. No. 293Notice of Local Legislation. Notice is given of the intention to apply for the enactment of a local or special bill at the next meeting of the General Assembly of Georgia which convenes in January, 1957, to provide for the employment, by the Board of Commissioner of Roads and Revenue of Floyd County, Georgia, of one or more assistant superintendents of public works; to provide for the compensation thereof; to Page 2854 repeal all laws and parts of laws in conflict therewith; and for other related purposes. Jan. 4, 11, 18. Georgia, Fulton 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 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 31 day of January, 1957. /s/ Janette Hirsch, Notary Public, State of Georgia. (Seal). Approved March 13, 1957. PENSIONS TO MEMBERS OF FIRE DEPARTMENTS IN CERTAIN CITIESAMENDED. No. 317 (House Bill No. 507). An Act to amend the Act approved August 13, 1924 (Ga. L. 1924, pp. 167-173) and the several Acts amendatory thereof, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 by the United States census of 1920, and any subsequent census, so as to provide additional pension benefits; to repeal conflicting laws; and for other purposes. Page 2855 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 and the same is hereby further amended as follows: Section 1. Pension payments due to former officers and employees who have retired as a matter of right and have been awarded pensions under the terms of this Act, as amended, and all such officers and employees who may hereafter retire as a matter of right shall, in addition to the basic pension provided by said Act, receive $5.00 per month for each full year's active service in excess of 25 years. The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. Benefits. Section 2. Pension payments due all former officers and employees who have heretofore retired and have been awarded a pension under the provisions of this Act, who have reached 70 years of age, or more, before the first of the month following the approval of this Act, shall be re-computed upon the following basis: The total pension benefits shall be a sum equal to one-half of the average monthly salary of such former employee during the last three years of his active service to such city, but shall not exceed the sum of $150.00 per month. The pension payments due to persons who were retired because of disability or for a period of service less than 25 years shall be increased in the same proportion. All such persons shall receive a minimum of $4.00 per month for each full year of active service to such city subject to the limitations hereinafter set out. Same. Section 3. Any employee participating in the provisions of this Act, as amended, who leaves the employ of such city prior to retirement shall have refunded to him an amount equal to the amount which he has paid into said fund. Employees leaving employment of city. Section 4. The total pension benefits as provided by this Act, as now amended, shall be limited in the following Page 2856 particulars: The total pension benefits plus any social security benefits that may inure to such person by reason of his employment by such city shall not exceed 75% of his average monthly salary averaged for the last year of his employment as herein provided. The board of trustees shall establish rules to carry out this restriction, which shall not apply to social security benefits inuring to such person by reason of other employment. Maximum benefits. Section 5. Any persons qualified for pension benefits under this Act, as amended, who was employed by the State of Georgia or a political subdivision thereof, prior to his employment by such city, to render service within the county in which such city is located in whole or in part, may receive credit for such service for pension benefits under this Act, as amended, upon the following terms and conditions: Benefits, how computed. 1. No credit may be given for part time or temporary service. 2. Such person must have at least five year's continuous service with the city, before becoming eligible for this credit. 3. Application must be made for the credit within six months after the passage of this Act or after becoming eligible for the credit, whichever is later. 4. Such person shall pay into the pension fund created by this Act, as amended, an amount equal to the amount he would have paid into such fund had he been an employee of such city during such time. The payments may be divided into 36 equal installments bearing interest at 4% per annum, and the amounts thereof deducted from any compensation of pension benefits due such person. 5. It shall be the responsibility of the person making application for such credit to furnish to the board of trustees proof of the years of service and the monthly Page 2857 rate of compensation in such manner as the board may by rules prescribe. 6. The total amount of creditable service as provided in this Act shall not exceed ten years. Section 6. Any person entitled to disability benefits under the provisions of this Act, as amended, may receive such benefits after he has been in the active employment of the city for a period of ten years. Disability benefits. Section 7. This Act, being necessary for the welfare of the State and its inhabitants shall be liberally construed to effect the purposes hereof. Liberal construction. Section 8. 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 in any way any of the remaining provisions. Provisions severable. Section 9. This Act shall be effective April 1, 1957. Effective date. Section 10. The increased pension benefits provided by this amendment shall be paid by the board of trustees from funds available to them for the payment of pensions. Section 11. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. CITY OF MACON CHARTER AMENDED. No. 322 (House Bill No. 432). An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of Oglethorpe St. at its intersection with Arch and Third Streets, a certain portion of Third St. at its intersection with Oglethorpe Page 2858 and Arch Streets, and a certain portion of Arch St. at its intersection with Third and Oglethorpe Sts., in said city, and to close, vacate, and abandon said portion of said streets for street purposes; 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 portion of Oglethorpe St. at its intersection with Arch and Third Sts., the portion of Third St. at its intersection with Oglethorpe and Arch Sts., and the portion of Arch St. at its intersection with Third and Oglethorpe Sts., in the City of Macon, as described in section 2, hereof, are hereby closed, vacated and abandoned for street purposes. Certain streets abandoned. Section 2. That the fee simple title to that portion of Oglethorpe St. at its intersection with Arch and Third Sts., that portion of Third St. at its intersection with Oglethorpe and Arch Sts., and that portion of Arch St. at its intersection with Third and Oglethorpe Sts., in the City of Macon, as shown on the original maps of the City of Macon and described as follows: Title to abandoned streets. Commencing at a point where the center line of Third State intersects with the center line of Arch St.; thence in a southeasterly direction along a line which is a prolongation of the center line of Arch Street a distance of 41.5 feet to the point of beginning; thence angle right and run in a northeasterly direction along a line parallel to the center line of Third Street a distance of 19.1 feet; thence angle right with an internal angle of 90 42 and run in a southeasterly direction a distance of 313 feet; thence angle right with an internal angle of 17 52 and run in a northwesterly direction a distance of 330 feet; thence angle right with an internal angle of 71 26 and run in a northeasterly direction a distance of 82.2 feet to the point of beginning. Reference is made to a plat made on January 10, 1956, by Joe A. Witherington, City Engineer, for the purpose of aiding this description; Page 2859 is hereby vested in the City of Macon, its successors and assigns. Section 3. That evidence of advertising required by law is hereto attached and made a part hereof. Section 4. That all laws or parts of laws in conflict herewith are hereby rescinded and 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 three consecutive weeks, to wit: On January 12, 19 and 26, 1957, 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/ Andrew W. McKenna. Sworn to and subscribed before me this 7 day of February, 1957. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My Commission Expires: (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 1957 session of the General Assembly, which convenes on Monday, January 14, 1957, to amend the charter of the City of Macon in the following respects: Page 2860 (1) By adding to section 2 of said charter, as amended, relating to the corporate limits of the City of Macon, a description of new territory to become a part of the City of Macon; (2) By repealing section 91 of said charter, as amended, relating to a license or business tax upon delivery vehicles; (3) By adding new sections to said charter authorizing the creation of a City of Macon Public Library; to provide for a city librarian and his qualification, and the manner of prescribing his duties; to authorize the creation of a board of library commissioners as the governing body of said library and to prescribe the number, qualifications, powers, duties and responsibilities of the members of said Board. The City of Macon will also apply for the passage of the following local legislation at said session: (1) An Act authorizing the mayor and council of the City of Macon to abandon, vacate and close that portion of a twenty foot alley running between the southerly line of Ash Street and the easterly line of right-of-way of the Central of Georgia Railroad in block 18 of the Southwest Commons of the City of Macon, and vesting title thereto in the City of Macon; (2) An Act to close, vacate and abandon for street purposes a certain portion of Orange Street at its intersection with First Street and a certain portion of First Street at its intersection with Orange Street in said City, and to vest title thereto in the City of Macon; (3) An Act to close, vacate and abandon for street purposes a certain portion of Third, Arch and Oglethorpe Streets where said streets converge in the City of Macon, and to vest title thereto in the City of Macon; (4) An Act directing the City of Macon to close, vacate and abandon for cemetery purposes that portion of Page 2861 square 35, Old City, known as the Old City Cemetery; ordering the removal of the remains of bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said square 35 and the reinterment thereof in an appropriate area of Rosehill Cemetery in the City of Macon set apart from said purpose; directing said City to erect therein a suitable memorial commemorating and honoring these reinterred dead, and vesting title to that portion of square 35, Old City, formerly occupied by the Old City Cemetery, in the City of Macon. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 11th day of January, 1957. C. Cloud Morgan, City Attorney. Approved March 13, 1957. CITY OF MONTEZUMA CHARTER AMENDED. No. 323 (House Bill No. 381). An Act to amend an Act approved July 27, 1929, entitled: An Act to amend an Act approved February 8, 1954, and an Act approved October 12, 1870, and an Act approved October 24, 1887, and an Act approved December 17, 1900, and an Act approved July 30, 1903, relating to Town of Montezuma' and an Act approved August 22, 1907, and an Act approved August 5, 1902, relating to the `City of Montezuma'; to consolidate all charter provisions contained in all of said laws into one Act, with such changes as may have become necessary or proper; to define the rights, powers and duties of said Municipality; to change the Page 2862 corporate name from The Mayor and Council of the City of Montezuma to City of Montezuma; and for other purposes; said described Act appearing on pages 1199 through 1210, both inclusive, of the published Acts of the General Assembly of Georgia of 1929; to amend section 4 of said Act of 1929 as it applies to the election of a clerk and treasurer; to repeal section 6 of said Act of 1929 relating to the election of a clerk and treasurer, and to reenact in lieu thereof a new section 6, relating to the same subject matter; to amend section 10 of said Act of 1929 dealing with elections by council to provide for the election of a clerk and treasurer by the council; to repeal conflicting laws; 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 to amend an Act approved February 8, 1954, and an Act approved October 12, 1870, and an Act approved October 24, 1887, and an Act approved December 17, 1900, and an Act approved July 30, 1903, relating to Town of Montezuma'; to consolidate all charter provisions contained in all of said laws into one Act, with such changes as may have become necessary or proper; to define the rights, powers and duties of said municipality; to change the corporate name from `The Mayor and Council of the City of Montezuma' to City of Montezuma; and for other purposes; said described Act appearing on pages 1199 through 1210, both inclusive, of the published Acts of the General Assembly of Georgia of 1929; is hereby amended as follows: Section 4 is amended by striking therefrom the words `Clerk and Treasurer shall be elected annually on said date' so that section 4 as amended shall read as follows: Section 4. Election of Officers. On the first Tuesday in January 1930 and on said date biennially thereafter there shall be an election for the mayor. On the same date in each year three aldermen shall be elected to serve Page 2863 two years, in the order of expiration of terms of those now serving as such. Vacancies in any of said offices shall be filled by calling an election therefor within thirty days after the vacancy occurs; said election to be called by the mayor and time thereof advertised for ten days. The mayor and council shall have the power to provide the exact manner in which and place where said elections take place; to require the preservation of good order and prevent disturbance or interference with the free right to vote. The mayor shall appoint three freeholders or one justice of the peace and two freeholders of the city to manage all elections and such clerks as he deems necessary. Each manager, before entering on his duties, shall take the following oath before some judge or justice of the peace: I do solemnly swear that I will faithfully and impartially conduct the election for which I am appointed manager, and prevent all illegal voting, to the best of my ability and power. So help me God. The mayor shall provide at the city's expense all necessary material for use of managers in elections. The mayor and council may by ordinance prescribe how votes may be challenged; how the returns of all elections shall be made and result declared, and also how contest of any election shall be conducted, and to prescribe all rules and regulations for the proper conduct of all elections in said city. Section 2. The described Act approved July 27, 1929 is amended by repealing section 6 of said Act and reenacting a new section 6 to read as follows: Clerk and treasurer. Section 6. A clerk and treasurer shall be elected by the mayor and council at the first meeting of the mayor and council to be held in January 1957. Said offices may be combined in and held by the same person, if the mayor and council so orders and the said clerk and treasurer shall hold office at the pleasure of the mayor and council. Page 2864 Any vacancy in either office, however caused, may be filled by the mayor and council at any time. Section 3. The described Act approved July 27, 1929 is amended by adding to section 10, relating to elections by council, the words clerk and treasurer as provided in section 6, so that as amended said section shall read: Section 10. Elections by Council. The council shall be authorized to elect a clerk and treasurer as provided in section 6 and shall be authorized to elect anually a marshal, chief of police, police, building inspector, fire inspector, health inspector and city attorney, and the other officers of the city whose duties are not herein prescribed; to fix their salaries; to prescribe their oath and their bond; to provide for legal fees which its officers are entitled to receive, and by ordinance to prescribe all duties required of the respective offices, and to discontinue any such office, leave the same vacant, and to remove any holder of same at the pleasure of the council. Section 4. The effective date of this Act shall be January 1, 1958. Effective date. Section 5. All laws or parts of laws in conflict herewith be, and the same are, hereby repealed. Section 6. 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, the 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Page 2865 Georgia, a bill to amend an Act establishing a charter for the City of Montezuma, and being an Act approved July 27, 1929 (Ga. L. 1929, p. 1199) so as to authorize the election of a clerk and treasurer by the mayor and council and to provide for the terms of such offices. This January 10, 1957. A. C. Felton, III, Mayor, Montezuma, Ga. 1-10-57-3 t. cg. Georgia, Macon County. I, J. C. Cox, publisher of the Citizen-Georgian newspaper in which the sheriff's advertisements for Macon County are published, hereby deposes under oath, that the above and foregoing notice was duly published in the Citizen-Georgian, at Montezuma, Georgia, in its issue of January 10, 17, and 24, 1957. /s/ J. C. Cox. Sworn to and subscribed before me, this January 24, 1957. /s/ Zella Holland, N. P. State at Large for Ga. (Seal). Approved March 13, 1957. SALARIES OF ORDINARIES IN CERTAIN COUNTIES. No. 325 (House Bill No. 546). An Act to amend an Act approved January 31, 1946, entitled An Act to authorize and direct the commissioner or commissioners of roads and revenues, or other authority having control of the expenditure of Page 2866 county funds in all counties in the State of Georgia having a population of not less than 300,000, according to the Federal Census of 1940, or any future Federal Census, to pay to the ordinary in each such county a salary of $9,000.00 per annum, as amended by an Act approved February 17, 1950 (Ga. L. 1950, pp. 2868 et seq.) and by an Act approved January 30, 1951 (Ga. L. 1951, pp. 12 et seq.) and by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. pp. 2947 et seq.), which amendatory Act provides that the governing authority of such counties is authorized and directed to and shall pay to the ordinary in each such county an annual salary of $12,000.00, so that, as amended, to provide that the governing authority of such counties is authorized and directed to and shall pay to the ordinary in each such county an annual salary of $14,400.00; 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. The Act of the General Assembly of the State of Georgia approved January 31, 1946, entitled An Act to authorize and direct the commissioner or commissioners of roads and revenues, or other authority having control of the expenditure of county funds in all counties in the State of Georgia having a population of not less than 300,000, according to the Federal Census of 1940, or any future Federal Census, to pay to the ordinary in each such county a salary of $9,000.00 per annum, as amended by an Act approved February 17, 1950 (Ga. L. 1950, pp. 2868 et seq.) and by an Act approved January 30, 1951 (Ga. L. 1951, pp. 12 et seq.) and by an Act approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. pp. 2947 et seq.) which amendatory Act provides that the governing authority of such counties is authorized and directed to and shall pay to the ordinary in each such county an annual salary of $12,000.00, be further amended by striking from the last line of section 1 of such amended Act the figures $12,000.00 and by inserting Page 2867 in lieu thereof the figures $14,400.00, so that said section 1, as amended, shall read: That from and after the passage and approval of this Act, the commissioners or commissioners of roads and revenues, or other authority having control of the expenditure of county funds, in all counties of the State of Georgia having a population of not less than 300,000 by the Federal Census of 1940, or any future Federal Census, is authorized and directed to and shall pay to the ordinary in each such county an annual salary of $14,400.00, payable in equal monthly installments. Salary. Section 2. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Approved March 13, 1957. CITY COURT OF MACONSERVICE OF PROCESS. No. 326 (House Bill No. 581). An Act to amend an Act entitled An Act to establish the City Court of Macon, in and for the county of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. and as the same is set forth in Georgia Laws 1884-85, pages 470, 479, and any and all Acts amendatory thereof; to amend section XII of said Act so as to provide that process to writs of said court may also be directed to and served by the sheriff or deputy sheriffs of the several counties of this State; to provide that the judge of said City Court of Macon is empowered with respect to duties performed for said court to exercise the same authority over the sheriff of Bibb County and his deputies as is exercised by the judge of the Superior Courts over the sheriffs of counties in Georgia; and for other purposes. Page 2868 Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to establish the City Court of Macon, in and for the country of Bibb; to define its jurisdiction and powers; to provide for the appointment of a judge and other officers thereof; to define their powers and duties, and for other purposes. and as the same is set forth in Georgia Laws 1884-85, pages 470-479, and any and all Acts amendatory thereof, is hereby amended by striking section XII in its entirety and inserting in lieu thereof a new section XII to read as follows: Sec. XII. Be it further enacted, that suits in said city court shall in all respects be conformable to the mode of proceedings in the Superior Court, except as hereinafter provided, but the process to writs shall be annexed by the clerk of said city court, be tested in the name of the judge thereof, and may be directed to and served by the sheriff of the City Court of Macon or his deputies thereof, or may be directed to and served by the sheriff of the county of this state in which such service is to be made, or by his deputies thereof. The judge of said City Court of Macon is empowered, with respect to services and duties performed for said City Court of Macon, to exercise the same authority over the sheriff of Bibb County and his deputies as is exercised by the judge of the Superior Courts over the sheriffs of the counties in Georgia. Service of process. Section 2. The provisions of said Sec. XII, is hereby amended and reenacted, relating to service of process, shall be cumulative of other applicable provisions of law relating to service of process which may now or hereafter be provided. Section 3. That evidence of advertising of intention to apply for passage and approval hereof, and found hereby to be in compliance with the law, is hereto attached and by such attachment and by this reference is made a part hereof. Page 2869 Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally before the undersigned attesting authority, appeared J. Douglas Carlisle, who on oath deposes and says that he is the author of the within and attached bill, and that notice of intention to apply for passage and approval thereof was duly published in the Macon News, the newspaper in Bibb County, Georgia in which the sheriff's advertisements for said county are published, on January 11, January 18 and January 25, all in the year 1957, and as further evidenced by the within and attached newspaper clipping and affidavit. /s/ J. Douglas Carlisle. J. Douglas Carlisle. Sworn to and subscribed before me, this 13 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and County, Ethel J. Gray who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make this affidavit: and that advertisement as per attached clipping has been published in The Macon News on the following dates: January 11, 1957, January 18, 1957 and January 25, 1957. Signed Ethel J. Gray. Page 2870 Sworn to and subscribed to before me this 25 day of January, 1957. /s/ Anna J. Harris, Notary Public, Bibb County, Georgia. (Seal). Public Notice. Please be advised that the undersigned will apply at the ensuing session of the General Assembly of Georgia for passage and approval of an Act to amend the Act creating the City Court of Macon (Ga. L. 1884-85, p. 470) and the Acts amendatory thereof, and particularly section 12 of said Act, so as to provide that process to writs may, as to service within the County of Bibb, also be directed to and served by the sheriff of Bibb County or his deputies, and may, as to service in other counties of the state, be served by the sheriff or the deputies of the sheriff of the county in which the particular service is to be made; and for other purposes. County Board of Commissioners for the County of Bibb, By Emmett Snellgove, Clerk. Approved March 13, 1957. BACON COUNTY COMMISSIONERS' COMPENSATION. No. 327 (House Bill No. 579). An Act to amend an Act creating a board of commissioners of roads and revenues for Bacon County, approved August 20, 1927 (Ga. L. 1927, p. 488), as amended, particularly by Acts approved March 12, 1937 (Ga. L. 1937, p. 1237) and February 17, 1950 (Ga. L. 1950, p. 2672), so as to change the compensation of the chairman and members of said board; to repeal conflicting laws; and for other purposes. Page 2871 Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenues for Bacon County, approved August 20, 1927 (Ga. L. 1927, p. 488), as amended, particularly by Acts approved March 12, 1937 (Ga. L. 1937, p. 1237) and February 17, 1950 (Ga. L. 1950, p. 2672), is hereby amended by striking from the second paragraph of section 6 of said Act the words and figures two hundred and fifty dollars ($250.00) per month, payable monthly, and substituting in lieu thereof the words and figures not less than two hundred and fifty dollars ($250.00) per month, and not more than three hundred and fifty dollars ($350.00) per month, such salary to be fixed from year to year by said board of commissioners and which shall be, so that when so amended said second paragraph will read as follows: The chairman shall preside at all meetings of said board of commissioners, but in his absence or disability, the vice-chairman, who shall be elected by said board as is now provided by law, shall preside and perform any and all duties devolving upon said chairman. The chairman of the board of commissioners of Bacon County shall have all the powers and authority as the district members of said board, and in addition thereto, shall be in charge of and responsible for all county machinery and road equipment and he shall be responsible for its upkeep and maintenance and shall have charge of all labor necessary for the effectual operation of all county machinery and is empowered and has the authority to hire and discharge employees used in county work when, in his opinion, it is to the best interest of the county. The board of county commissioners shall furnish their chairman with conveyance necessary for the performance of his duties in the county, such as pick-up truck or like conveyance, and fuel, for the purpose of attending to his duties. Should it be necessary for him to make extensive trips beyond the limits of the county, the board of county commissioners shall provide his necessary expenses. It shall be the duty of said chairman to devote his full time to the duties of his office and his salary Page 2872 shall be not less than two hundred and fifty dollars ($250.00) per month and not more than three hundred and fifty dollars ($350.00) per month, such salary to be fixed from year to year by said board of commissioners and which shall be, in addition to his transportation and other expenses as herein provided for. When said chairman is engaged in constructional work in the different districts of said county and it becomes necessary to have assistance in the construction of roads and building bridges, or similar work, he is hereby authorized and empowered and it shall be his duty to require the assistance of the district members of the said board of commissioners of Bacon County in which said constructional work is being done, and for said services said district members shall be paid by said county the sum of five dollars ($5.00) per day for such services, which shall be in addition to their monthly per diem. This portion of this Act shall become effective immediately upon the passage and approval of this Act and the present chairman of the board of county commissioners shall require the assistance of the different members of said board should it become necessary. The chairman of the county board of commissioners elected under the provisions of this Act shall hold office after his qualification on the first Tuesday in January, 1951 until the first Tuesday in January, 1953, or until his successor is elected and qualified. Qualifications for chairmanship herein shall be the same as are now required for the members of the General Assembly. It is further provided that any member of the county board of commissioners shall be eligible for chairman and it will not be necessary for a member of said board to resign his place as a district member to run for chairman, but in the event a district member is elected, he then shall resign his seat as a district member, which shall be filled by a majority vote of the remaining members of said board for his unexpired term. Chairman's compensation. Section 2. Said Act is further amended by striking section 9 in its entirety and substituting the following in lieu thereof: Page 2873 Section 9. The members of the board of commissioners of roads and revenues of Bacon County, except the chairman, shall each receive as their compensation the sum of twenty-five dollars ($25.00) per month. The chairman shall be paid as set forth above. The clerk of said board shall be paid such salary as the board deems right and proper. Commissioners' compensation. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Proposed Legislation. Notice is hereby given that there will be introduced at the January 1957 term of the General Assembly of Georgia, legislation will be proposed amending an Act of the General Assembly of Georgia, approved August 20th, 1927 (Ga. L. 1927, pp. 488-494), and all Acts amendatory thereto creating a board of commissioners of roads and revenues of Bacon County, Georgia, and providing for a minimum and maximum compensation for the district county commissioners, and the chairman of the board of commissioners of roads and revenues, to repeal all conflicting laws, and for other purposes. This the.....day of....., 1957. C. J. Broome, Representative, Bacon County, Georgia. Dorsey Deen, State Senator, ..... Senatorial District. Georgia, Bacon County. Personally appeared before me, an officer duly authorized to administer oaths, C. J. Broome, who on oath deposes and says that he is the representative in the General Assembly from Bacon County and that he is the author of the attached bill and that the above notice of intention to introduce local legislation was published in the Alma Times which is the official organ of Bacon County, once a week for three weeks during a period of Page 2874 sixty days immediately preceding the introduction of said attached bill in the House of Representatives. This..... day of....., 1957. Sworn to and subscribed before me this..... day of....., 1957. ..... Notary Public, Georgia, State at Large. Notice of Proposed Legislation. Notice is hereby given that there will be introduced at the January 1957 term of the General Assembly of Georgia, legislation will be proposed amending an Act of the General Assembly of Georgia, approved August 20th 1927 (Ga. L. 1927, pp. 488-494), and all Acts amendatory thereto creating a board of commissioners of roads and revenues of Bacon County, Ga., and providing for a minimum and maximum compensation for the district county commissioners, and the chairman of the board of commissioners of roads and revenues, to repeal all conflicting laws, and for other purposes. C. J. Broome, Representative, Bacon County, Georgia. Dorsey Deen, State Senator, 46th Senatorial District. C 1-31 2-7-14 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. J. Broome, who, on oath, deposes and says that he is representative from Bacon County, and that the attached copy of notice of intention to introduce local legislation was published in the Alma Times which is the official Page 2875 organ of said county, on the following dates: Jan. 31, Feb. 7, and Feb. 14, 1957. /s/ C. J. Broome, Representative, Bacon County. Sworn to and subscribed before me this 15th day of Feb., 1957. /s/ Eric Holmes, Jr., Notary Public. Approved March 13, 1957. CITY OF HARTWELL CHARTER AMENDED. No. 329 (House Bill No. 503). An Act to amend an Act incorporating the City of Hartwell, approved August 13, 1904 (Ga. L. 1904, p. 478), as amended, so as to change the place of holding city elections; to repeal conflict laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Hartwell, approved August 13, 1904 (Ga. L. 1904, p. 478) is hereby amended by providing that subsequent to the effective date of this Act, the elections for all city officials shall be held and conducted at the City Hall of the City of Hartwell. Elections. 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 of intention to apply for local legislation at the present meeting of the General Assembly Page 2876 of Georgia which convened on January 14, 1957, amending an act incorporating the City of Hartwell, approved August 13, 1904 (Ga. L. 1904, p. 478), as amended, so as to provide for the places for holding all elections of all officials now elected by the voters of the City of Hartwell to be changed from the Hart County court house to the city hall of the City of Hartwell, and for other purposes. This January 21, 1957. William Oscar Carter, Representative of Hart County. 29-3t Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William O. Carter, who, on oath, deposes and says that he is representative from Hart County, and that the attached copy of notice of intention to introduce local legislation was published in the Hartwell Sun which is the official organ of said county, on the following dates: January 24, 1957, January 31, and February 7, 1957. /s/William Oscar Carter, Representative, Hart County. Sworn to and subscribed before me this 12 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 13, 1957. Page 2877 CITY OF STATESBORO CHARTER AMENDED. No. 333 (House Bill No. 388). An Act to amend an Act creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, so as to provide a procedure for the change of the corporate limits of the City of Statesboro and 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 creating a new charter for the City of Statesboro, approved August 17, 1912 (Ga. L. 1912, p. 1331), as amended, is hereby amended by adding a new section to be numbered section 1-A to read: Section 1-A. In addition to the area now embraced within the corporate limits of the City of Statesboro, the following described property shall likewise be embraced within the corporate limits of said city: Area No. 1North Side. Beginning at a point on the northerly corporate limit line of the City of Statesboro, Georgia, said point being approximately 550 feet east of a concrete city limit marker on the west roadway shoulder of North Main Street; thence in a northerly direction on the approximate bearing of north 10 degrees east, 3175 feet, more or less, to a point located within property now owned by Fred F. Fletcher, said point being 200 feet, more or less, north of north right-of-way boundary of Fletcher Drive; thence in a westerly direction on an approximately bearing north 86 degrees west, 870 feet, more or less, to a point located on the projected line 300 feet west of Lakeview Road; thence in a southerly direction parallel with Lakeview Road on an approximate bearing of south 10 degrees west, 300 feet, more or less, to a point on an existing fence line, said fence being on the property line between the properties Page 2878 of Fred F. Fletcher and Mrs. Joseph D. Fletcher; thence in a westerly direction along said fence line on an approximate bearing of north 61 degrees west, 630 feet, more or less; thence north 85 degrees 30 minutes west, 1345 feet, more or less, to a point of intersection of said course and a line parallel to and 300 feet west of Zetterower Road; thence in a southerly direction parallel with Zetterower Road on an approximate bearing of south 23 degrees west, 1440 feet; thence south 5 degrees east, 1770 feet, more or less; thence south 84 degrees 45 minutes west thru the intersection of Georgia Highway No. 26 (U. S. highway No. 80) and West Parrish Street, 1075 feet, more or less, to a point of intersection of said course and a line parallel to and 300 feet west of Georgia highway No. 26 (U. S. highway No. 80); thence in a southerly direction parallel with Georgia highway No. 26 (U. S. highway No. 80) on an approximate bearing of south 18 degrees east, 1280 feet, more or less, to a point on the northerly corporate limit line of the City of Statesboro, Georgia, said point being approximately 640 feet west of a concrete city limit marker on the north side of Stockyard Road, between Georgia highway No. 26 (U. S. highway No. 80) and West Parrish Street. Corporate limits. Area No. 2East and Southeast sections. Beginning at a point on the easterly corporate limit line of the City of Statesboro, Georgia, said point being a concrete city limit marker on the east roadway shoulder of Packing House Road; thence in a southerly direction on an approximately bearing of south 28 degrees east, 2480 feet, more or less, to a point on the south right-of-way boundary of East Main Street, said point being 342 feet east of Gray Street; thence in a southerly direction parallel to and 342 feet east of Gray Street on an approximate bearing of south 20 degrees east, 1235 feet; thence in a southerly direction on an approximate bearing of south 12 degrees west, 2170 feet, more or less, to a point on the south right-of-way boundary line of Georgia highway No. 26 (U. S. highway No. 80), said point being 200 feet southeast of Deanna Drive measured along said highway right-of-way; thence in a southwesterly Page 2879 direction parallel to and 200 feet southeast of Deanna Drive on an approximate bearing of south 37 degrees west, 1220 feet, more or less, to a point of intersection of said course and a line parallel to and 300 feet east of Gentilly Road; thence in a southerly direction parallel to and 300 feet east of Gentilly Road, 4815 feet, more or less, to a point on the northern boundary line of the Edgewood Acres subdivision, said point being 300 feet east of Gentilly Road; thence in an easterly direction (approximate bearing north 82 degrees east) along the northern boundary line of the Edgewood Acres subdivision, 3530 feet, more or less, to the northeast corner of said subdivision; thence in a southerly direction (approximate bearing south 15 degrees east) along the eastern boundary of Edgewood Acres subdivision, 1470 feet, more or less, to the southeast corner of said subdivision; thence in a westerly direction (approximate bearing south 82 degrees west) along the southern boundary of the Edgewood Acres subdivision, 4365 feet, more or less, to a point of intersection of said course projected and a line parallel to and 300 feet southwest of Georgia highway No. 67; thence in a northwesterly direction parallel to and 300 feet southwest of Georgia highway No. 67 on an approximate bearing of north 34 degrees west, 1150 feet, more or less, to a point located on the south property line of the Georgia Teachers College; thence in a northeasterly direction along the said property line 300 feet to the point of intersection of the south property line of the Georgia Teachers College with the southwest right-of-way line of Georgia highway No. 67; thence in a northwesterly direction along the southwest right-of-way boundary line of Georgia highway No. 67 on an approximate bearing of north 34 degrees west, 4505 feet, more or less, to a point on the southerly corporate limit line of the City of Statesboro, Georgia, said point being approximately 62 feet west of a concrete city limit marker on the east roadway shoulder of Fairground Road (Georgia highway No. 67) on the northeast corner of the intersection of said road and Tillman Road. Area No. 3Andersonville.Beginning at a point on the southerly corporate limit line of the City of Statesboro Page 2880 Georgia, said point being on the southern boundary line of Tillman Road, and approximately 59 feet west of a concrete city limit marker on the southeast roadway shoulder of South Zetterower Avenue; thence in a southwesterly direction along the south right-of-way boundary line of Tillman Road on an approximate bearing of south 42 degrees west, 1240 feet, more or less, to the point of intersection of the south right-of-way line of Tillman Road and the east right-of-way line of Georgia highway No. 73 (U. S. highway No. 301); thence in a southerly direction along the east right-of-way boundary line of Georgia highway No. 73 (U.S. highway No. 301), 2000 feet; thence north 57 degrees west, 1680 feet, more or less, to the point of intersection of said course and the southeast right-of-way boundary line of the Central of Georgia Railway; thence in a northeasterly direction along said right-of-way line on an approximate bearing of north 34 degrees east, 2330 feet, more or less, to a point on the southerly corporate limit line of the City of Statesboro, Georgia, said point being approximately 12 feet east of a concrete city limit marker located within the right-of-way of the Central of Georgia Railway. Section 2. Not less than thirty nor more than ninety days after the date of the approved of this Act by the Governor or after it otherwise becomes law, the owners of real property in the three proposed sections described above shall petition the mayor and city council of Statesboro to annex the territory embraced in the area where they own real property and if a majority of the real property owners in any one or all of the proposed areas to be annexed shall sign said petition, then it shall be the duty of the mayor and city council of Statesboro to issue a call for an election for the purpose of submitting this Act for approval or rejection to the voters of the City of Statesboro. The mayor and city council shall set the date of the election for a day not less than sixty days nor more than six months after said petitions are presented. The city clerk 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 Page 2881 official organ of Bulloch County, along with a description of the affected area as described hereinbefore. Referendum. The ballot shall have printed thereon the words For Annexation of Area No. 1, Area No. 2 and Area No. 3 and Against Annexation of Area No. 1, Area No. 2 and Area No. 3. 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 Statesboro. All persons desiring to vote in favor of said annexation shall vote For Annexation and those persons desiring to vote for rejection of annexation shall vote against approval. If a majority of those persons voting in said election vote for approval of any one or all of the areas to be annexed, then this Act shall become of full force and effect as to the areas for which the voters voted approval. If less than a majority of those persons voting in each election shall vote against the annexation of any one of the proposed areas to be annexed, then this Act shall be void and of no force and effect as to such areas. The expense of such election shall be borne by the City of Statesboro. The person or persons whose duty it is to hold and conduct other elections in the City of Statesboro 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. In those areas in which a majority of the voters participating in said election shall vote for annexation, the corporate limits of the City of Statesboro shall be extended on December 31, 1957, so as to include the territory within the boundaries hereinbefore described and said territory shall, on December 31, 1957, become a part of the City of Statseboro and subject to all the laws and ordinances governing the same. Section 3. All laws and parts of laws in conflict be, and they are hereby repealed. Page 2882 Legal Advertisements. Notice of Local Legislation. Georgia, Bulloch County. Notice is hereby given as prescribed by law that there will be introduced in the 1957 session of The General Assembly of the State of Georgia, a local bill to amend the charter of the City of Statesboro, Georgia, so as to increase the city limits of said city. Francis W. Allen, Wiley B. Fordham, Representative from Bulloch County to The General Assembly. 3t46c Georgia, Bulloch County. I, the undersigned, J. Shields Kenan, the owner and publiser of the Bulloch Times, the official organ of Bulloch County, Georgia, for the year 1956, hereby certify that the attached notice of intention to apply for the passage of a local bill was published in the Bulloch Times the issues of December 20 and December 27, 1956 and January 3, 1957. /s/ J. Shields Kenan (L.S.) Sworn to and subscribed before me this 29th day of January, 1957. /s/ Virginia K. Kern, N. P. Georgia State at Large. (Seal). Approved March 13, 1957. Page 2883 CITY OF COLLEGE PARK CHARTER AMENDED. No. 334 (House Bill No. 593). 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 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. L. 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 following territory, to wit: Corporate limits. All of land lots three (3), thirty (30), thirty-seven (37), except that portion of land lot thirty-seven (37) northwest of the Atlanta and West Point Railroad; also that portion of land lot twenty-nine (29), lying south of the present city limit of College Park; also land lot Page 2884 thirty-six (36) less and except the following described portions: Beginning at a point on the west line of Hershel V. Lee Road, said point lying three hundred (300) feet north of the center line of U. S. route No. 29; thence west and parallel to north line of said land lot a distance of fourteen hundred (1400) feet, more or less, to the west line of said land lot; thence southerly along said land lot line a distance of sixteen hundred (1600) feet more or less, to the southwest corner of said land lot thirty-six (36); thence east and along the south line of said land lot a distance of fourteen hundred (1400) feet to a point; thence north and parallel to the west line of said land lot to the point of beginning; all being within the 13th district, Fulton County, Georgia. Section 2. The jurisdiction of the City of College Park, the municipal corporation aforesaid, is hereby 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 ordinance 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 coexistence with the limits as extended by section 1 of this Act. The power of taxing property and of fixing and regulating licenses for business; 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. Said new territory is likewise made subject to all the bonds heretofore issued by the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Page 2885 Provided neither the extension of the city limits of the City of College Park, nor the annexation thereto of the territory described herein shall confer upon said city any interest or title in or authority over the property of the 4-H Club Camp commonly known as Chapman Springs as described in deed recorded May 27, 1937, in deed book 1655, page 142, Fulton County records, or in any facility or utility thereof whether same are located in said 4-H Club Camp property or without the limits of same or in a public road. Section 3. The City of College Park is hereby authorized and empowered in their discretion 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 the words may hereafter be constituted, and to pass such ordinances as may be advisable in readjusting said territory to and with the rest of said city. 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. 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. 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 Page 2886 sworn, according to law, says that she is the treasurer of the 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 19th day of December, 1956, and once each week for 7 consecutive weeks as provided by law. /s/ A. M. Kempton Subscribed and sworn to before me, this 8th day of Feb. 1957. /s/ Frank Kempton (Notarial Seal). 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 of the General Assembly of Georgia, convening in January, 1957, 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 such 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 13, 1956. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main Street, College Park, Georgia. Page 2887 Dec 19 26 Jan 2 9 tfn. Publisher's Affidavit. 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, 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 19th day of December, 1956, and once each week thereafter for 4 consecutive weeks as provided by law. /s/ Jack Troy Subscribed and sworn to before me this 9 day of Feb., 1957. /s/ T. F. Nicholson (Notarial Seal). 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 General Assembly of Georgia, convening in January, 1957, 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 such 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, Page 2888 prescribe their powers and duties, and for other purposes,' and the several acts amendatory thereof, and for other purposes. This December 13, 1956. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main Street College Park, Georgia. 1-9 Approved March 13, 1957. FULTON COUNTYRETIREMENT OF CERTAIN COUNTY COURTS' EMPLOYEES. No. 336 (House Bill No. 598). 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... To repeal all laws in conflict herewith and for other purposes approved January 31, 1946 (Ga. L. 1946, p. 299) as heretofore amended, so as to provide that the clerk and marshal of the civil court, the clerk of the county commission of Fulton County, the clerk of the Superior Court of Fulton County, shall be entitled to benefits hereunder; 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 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 Page 2889 County... to repeal all laws in conflict herewith and for other purposes approved January 31, 1946 (Ga. L. 1946, p. 299) as heretofore amended, be further amended as follows: Section 1. There shall be inserted after the word judge in line five of section 1 of said Act, a comma and the words, clerk or marshal, and after the word county in line six of said section, a comma and the words the clerk of the county commission of Fulton County and the clerk of the Superior Court of Fulton County, so that said section when so amended shall read as follows: 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, a judge and/or solicitor general of the criminal court of Fulton County, a judge, clerk or marshal of the civil court of Fulton County, the clerk of the county commission of Fulton County, the clerk of the Superior Court of Fulton County and/or judge of the juvenile court of Fulton County may, at his and/or their option, retire under the provisions of this act, provided such judge or judges or solicitor general or clerks or marshal shall have served continuously in either or both offices for twenty (20) years. The years of service prior to the passage of this Act shall be counted in computing the time necessary for eligibility for retirement, beginning with the actual date of qualification for either office and twenty continuous years or twenty years under this act wherever used herein is defined as twenty years of twelve months each, commencing with the date when such judge or solicitor or clerks or marshal qualified for the office, and not twenty calendar years. Eligible officers and employees. Section 2. Wherever used in this Act or any amendment thereto, the words judge or judges or solicitor general shall be construed to include both the clerk, and the marshal of the civil court of Fulton County and the clerk of the county commission of Fulton County, and Page 2890 the clerk of the Superior Court of Fulton County as beneficiaries hereunder, and such officer shall be subject to all of the provisions of this Act including the payment of contribution based upon service with Fulton County in any capacity other than as judge or solicitor general, it being the intention of this Act that the contributions required of the clerk and marshal of the civil court, the clerk of the county commission of Fulton County and the clerk of the Superior Court of Fulton County who are by the terms of this amendment made beneficiaries of this Act, shall be equal, percentage-wise, in all respect to the contributions made by the judges and solicitors general who were originally embraced within the terms of this Act. Contributions. Section 3. All laws and parts of laws in conflict herewith be and they 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, 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 17, 24, 31 days of December, 1956, and on the 7, 14, 21, 28 days of January, 1957 and Feb. 4, 11, 1957 as provided by law. /s/ Frank Kempton Page 2891 Subscribed and sworn to before me this 15th day of February, 1957. /s/ Bessie K. Crowell Notary Public, Fulton County, Georgia My Commission expires March 8, 1958. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1957 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 14 day of December, 1956. Harold Sheats, County Attorney, Fulton County. Dec 17 24 31 Jan 7 14 21 28. Approved March 13, 1957. COLUMBIA COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY. No. 337 (House Bill No. 585). An Act to create a Columbia County Industrial Development Authority; to provide for the membership of said authority; and for the appointment of members thereof, and their terms, compensation, and qualifications; to define the powers and duties of said authority, including the power to issue revenue anticipation Page 2892 certificates under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761) as amended; to declare that the creation of said authority is for a public purpose, and that the property of said authority, the bonds issued by said authority, and the income from such bonds shall be exempt from taxation; to authorize the dissolution or alteration of said authority; to provide a short title for this Act; to define the terms used in this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act may be cited as the Columbia County Industrial Development Act. Section 2. Definition: As used in this Act, the following terms shall have the following meanings: (1) Authority shall mean the Columbia County Industrial Development Authority created hereby. (2) Project shall mean an industrial building which shall include such lands, fixtures, machineries, and assessories as will create a plant for the particular purposes of manufacturing or processing. (3) Bonds, Revenue Bonds, or Revenue Anticipation Certificates shall mean obligations issued under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761) as amended. Section 3. There is hereby created the Columbia County Industrial Development Authority which shall be a body corporate and politic, and is hereby declared to be a public corporation created for the development of the industries of Columbia County, and for the improving of the general welfare of the people of Columbia County. The authority shall consist of five members appointed by the board of commissioners of roads and revenues of Columbia County, Georgia, for terms as follows: one member shall be appointed for a term of one year; one Page 2893 member shall be appointed for a term of two years; one member shall be appointed for a term of three years; one member shall be appointed for a term of four years; and one member shall be appointed for a term of five years; and thereafter upon the expiration of such terms, successors shall be appointed for a term of five years. The members of the authority shall be paid from the funds of the authority such compensation for their services as shall be determined by the board of commissioners of roads and revenues of Columbia County, Georgia. All members of the authority shall be residents of Columbia County, Georgia. Authority created, members. Section 4. The Authority shall have the following powers and duties: Powers. (1) To contract and be contracted with, sue and be sued, implead or be impleaded, and complain and defend in all courts of law and equity. (2) To have a seal and alter the same at pleasure. (3) 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. (4) 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 easement therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under the authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by Page 2894 the court having jurisdiction of the suit, action or proceeding as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other incumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or incumbrance. (5) To appoint and select officers, agents, and employees, including engineering, architectural and construction experts, fiscal agents, and attorneys, and fix their compensation. (6) To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for construction of a project and leases of a project or contracts with respect to the use of a project which it causes to be erected or acquired. (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the authority, the cost of such project to be paid in whole or part from the proceeds of the revenue bonds of the authority. (8) To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761), with reference to the issuance of revenue anticipation certificates in so far as such pertain to the corporate purposes of the authority. (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (10) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance Page 2895 for such projects, and to discharge the principal and interest of revenue bonds issued by the authority. (11) To do all things within its powers to encourage the industrial development of Columbia County, and to encourage the location of new industries in said county. (12) 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. (13) To do all things necessary and convenient to carry out the powers expressly given in this Act. Section 5. It is hereby found, determined and declared that the creation of the authority, and the carrying out of its corporate purpose is in all respects for the benefit of the people of Columbia County, as well as for the benefit of the people of this State, and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act, and that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, other charges for the use of such buildings, proceeds from the sale of such projects, or any other income received by the authority, and that the bonds the authority, their transfer, and the income therefrom shall at all time be exempt from taxation within the State. Purpose. Section 6. The authority may be abolished, or its powers may be limited, extended, or altered at any time by appropriate action by the General Assembly, provided that no such change in the authority or its powers shall abridge the rights of the bond-holders of the authority to enforce their rights under such bonds in any property which may have belonged to the authority. Power to abolish the authority. Page 2896 Section 7. All laws or parts of laws in conflict with this Act are hereby repealed. State of Georgia, Columbia County. Personally appeared before the undersigned attesting officer Frank F. Hash, who being duly sworn, deposes and on oath says: that he is publisher of the official organ of Columbia County, to wit: The Columbia News, and that the attached notice of intention to introduce local legislation was duly published in said newspaper on January 31, 1957; February 7, 1957; and February 14, 1957; and this affidavit is made for the purpose of establishing said fact. /s/ Frank F. Hash Sworn to and subscribed before me this 14 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires October 4, 1960 (Seal). State of Georgia, Columbia County. To whom it may concern: You are hereby notified that the undersigned at the request of the board of County commissioners of Columbia County, Georgia, intends to apply to the General Assembly of Georgia, at the January, 1957 session of the same for passage approval of an Act to be entitled as follows and to accomplish the matters forecast thereby. An Act to create Columbia County Industrial Development and to establish a Columbia County Industrial Page 2897 Development Authority for the purpose of issuing revenue anticipation certificates, or bonds or revenue bonds under the provisions of the Revenue Certificate Law of 1937 (Ga. L., 1937, p. 761) as amended and the appointment of the personnel of said board and for the purpose of exercising all of the powers, rights and privileges of and be subject to the same liability as a Municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761) as amended, and for all other purposes. This 28th day of January, 1957. Glenn S. Phillips N-21/22/23. Approved March 13, 1957. CITY OF AUGUSTA CHARTER AMENDED. No. 338 (House Bill No. 535). An Act to amend the charter of the City of Augusta, incorporated as the City Council of Augusta by an Act approved January 31, 1798 (G. L. 1798) and the several amendatory Acts thereof, so as to extend the corporate limits of said city beyond the limits as now defined to include certain property owned by the Housing Authority of the City of Augusta on the East Side of East Boundary Street; 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 charter of the City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. L., 1798) as amended by the various other amendatory Acts thereof, is hereby amended so that the corporate limits of the City of Augusta are extended beyond the limits as now defined, so as to include all of the following described territory: Corporate limits. Page 2898 All that tract or parcel of land, situate, lying and being in Richmond County, Georgia, beginning at a point on the east side of the right of way of East Boundary Street in the City of Augusta, Richmond County, Georgia, eleven hundred twenty-one and four-tenths (1121.4) feet north of the northeastern intersection of the right of way of said East Boundary Street and the right of way of Gwinnett Street extension and twenty-five (25) feet south of an offset corner concrete monument on the east side of said East Boundary Street right of way, and extending thence in a northerly direction along the east right of way line of East Boundary Street north twenty-two (22) degrees, forty-nine (49) minutes east, a distance of eleven hundred forty-seven (1147) feet to a point identified by a concrete monument; thence south sixty-seven (67) degrees, forty-one (41) minutes east, eleven hundred sixty-four and fifty-two one-hundredths (1164.52) feet to a point identified by a concrete monument on the west side of the right of way of Cedar Street; thence along the west right of way line of Cedar Street south twenty-two (22) degrees, forty-nine (49) minutes west, eight hundred twenty-seven and six-tenths (827.6) feet to a point at which there is a concrete monument; thence south seventy (70) degrees, fifty-one (51) minutes east, five hundred fifty-six and nine-tenths (556.9) feet to a point identified by a concrete monument; thence south twenty-two (22) degrees, nine (9) minutes west, six hundred eighty-eight and four-tenths (688.4) feet to a point identified by a concrete monument; thence north sixty-seven (67) degrees, eleven (11) minutes west, one hundred fifty-eight and two-tenths (158.2) feet; thence south twenty-two (22) degrees, forty-nine (49) minutes west, forty-one (41) feet; thence north sixty-seven (67) degrees, eleven (11) minutes west, five hundred fifty (550) feet; thence north twenty-two (22) degrees, forty-nine (49) minutes east, three hundred sixty-four (364) feet; thence north sixty-seven (67) degrees, eleven (11) minutes west, one thousand twenty (1,020) feet to the point of beginning. Section 2. That all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Page 2899 Section 3. That there is attached hereto and by reference made a part of this Act evidence that notice of intention to apply for this local legislation has been given as required by law. /s/ W. W. Holley /s/ Bernard F. Miles /s/ R. Lee Chambers Members House of Representatives Richmond County, Georgia. Affidavit of Publication. Attorney or Agency: Fulcher-Fulcher Hagler. Business: Attorneys-At-Law. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, 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 Legislation: To extend the corporate limits of city, duly appeared in said newspaper on the following dates to wit: January 18-25 February 1, 1957. /s/ Marie LeRoySecretary. Sworn to and subscribed before me this 1st day of February 1957. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. My Commission expires July 13, 1959. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January-February, 1957, session of the General Assembly of Georgia: Page 2900 An Act An Act to amend the charter of the City of Augusta, incorporated as The City Council of Augusta by an Act approved January 31, 1798 (Ga. L. 1798) and the several amendatory Acts thereof, so as to extend the corporate limits of said city beyond the limits as now defined to include certain property owned by The Housing Authority of the City of Augusta on the east side of East Boundary Street; and for other purposes. E. D. Fulcher City AttorneyThe City Council of Augusta. Jan. 18, 25, Feb. 1. Approved March 13, 1957. CITY OF MACON CHARTER AMENDED. No. 340 (House Bill No. 583). 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 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 sub-section of said Act or Acts, and particularly the Acts of the General Assembly Page 2901 of Georgia describing the corporate limits of said city, to amend section 2 of said Act of 1927, as amended by the Acts of the General Assembly of Georgia, appearing in the published Acts of the General Assembly for 1956 from pages 3125 through 3137, both inclusive; to add at the end of said Act as amended by said Acts of 1956, description of new territory to become a part of the City of Macon; to describe such territory; 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 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 sub-section of said Act or Acts, particularly the Act of the General Assembly of Georgia approved March 6, 1956, and appearing in the published Acts of the General Assembly of Georgia of 1956 on pages 3125 through 3137, both inclusive, is further amended by adding to section 2 of said Act of 1927 as amended by said Act of 1956, at the end thereof, a description of new territory to become and be a part of the City of Macon. Section 2. From and after the passage and approval of this Act, the following described territory contiguous to the existing limits of the City of Macon, shall be a part of said City and included in its corporate limits: Corporate limits. Page 2902 (a) All of that tract or parcel of land situate and lying in a portion of land lot #64, Macon Reserve West, being a portion of lot #1, all of lot #2 and a portion of lot #3 of said land lot #64, as shown on a plat dated December 19, 1955, prepared by F. B. West, Jr., Registered Surveyor #182. Said property beginning at a point on the present city limit line 210.4 feet westerly of the corner of Hightower Road and Houston Avenue and running thence in a generally southerly direction for a distance of 204.5 feet; thence left at a 90 degree angle in an easterly direction for a distance of 209.6 feet; thence left at a 90 degree angle and in a northerly direction for a distance of 223.3 feet to the corner of Hightower Road and Houston Avenue; thence left 84 degrees, 53 minutes and in a westerly direction for a distance along the existing city limits line and along the right of way of Hightower Road for a distance of 210.4 feet to the point of beginning; and, (b) All that tract or parcel of land lying and being in Bibb County, Georgia, and known as lot 5 of a subdivision of lot 15, block 38, Ingleside, and more particularly described according to a plat by R. W. Cowan, Registered Surveyor, dated September 17, 1949, and recorded in plat book 18, folio 133, clerk's office, Bibb Superior Court, as follows: Beginning on the west side of Laverne Place at a point which is 255 feet north of the north line of Highpoint Drive, and running thence in a northerly direction and along the west side of Laverne Place 100 feet; thence angling left and running in a northwesterly direction a distance of 215 feet, more or less, to a point on the east side of a 10 foot alley which is 417 feet north of the north line of Highpoint Drive; thence angling left and running in a southerly direction along the east side of said 10 foot alley a distance of 182 feet, more or less, to a point 235 feet north of the north side of Highpoint Drive; thence angling left and running in an easterly direction a distance of 177 feet, more or less, to the west side of Laverne Place and the point of beginning; and, Page 2903 (c) All that tract or parcel of land lying and being in land lot 362 of the 13th land district, Bibb County, Georgia, and being known as parcel E of subdivision of property of Blanton Winship estate as shown by a plat of record in the clerk's office, Bibb Superior Court in plat book 22, folio 112, and lots 1 and 2 of block D of Riverview subdivision as shown on a plat recorded in plat book 26, folio 14, said clerk's office and more particularly described as follows: Commence at a point where the east side of Southshore Drive intersects the dividing line of lots 2 and 3, block D. Riverview subdivision as shown in plat book 26, page 14, clerk's office, Bibb Superior Court, said point being also 270.0 feet north of the right-of-way line of Riverview Road; thence from this point run north 00 26 west along Southshore Drive a distance of 209.0 feet to a wet weather branch; thence from said branch continue around the curve of the southeast side of the Southshore Place a distance of 496.3 feet, more or less, to its intersection with the west boundary line of Southern Natural Gas Company; thence run south 01 02 west a distance of 243.9 feet to a stake; thence run south 29 5 east a distance of 214.4 feet to the north corner of lot 8, block D, Riverview subdivision, which is also the northwest corner of parcel B according to the plat of record in plat book 22, folio 112, said clerk's office; thence run west along the present city limit line, which is also the north line of lots 8, 7, 6, and 3 of said block D, Riverview subdivision, a distance of 484.2 feet to the point of beginning; and (d) All that tract or parcel of land lying and being in the East Macon district of Bibb County, Georgia, being part of lots 18 and 19 in division A of the subdivision of the W. B. Sparks property as shown by plat of record in plat book 3, folio 198, clerk's office, Bibb Superior Court, and more particularly described as beginning at a point on the line dividing lots 17 and 18 in said division A, which point is where the present line of the corporate limits of the City of Macon strikes said dividing line between said lots 17 and 18 in said division A, which point is also 50 feet northeast of the northeastern line of Page 2904 lot 5 in said division A; extending thence in a northeasterly direction along the dividing line between said lots 17 and 18 a distance of 75 feet; continuing thence in a northeasterly direction along the dividing line between said lots 17 and 18 a distance of 220 feet to Lone Oak Drive; extending thence in a southerly direction along Lone Oak Drive a distance of 211 feet, more or less, to the present line of the corporate limits of the City of Macon; extending thence in a westerly direction along the present line of the corporate limits of the City of Macon a distance of 245 feet, more or less, to the point of beginning; and (e) All that tract or parcel of land, situate, lying and being in the East Macon Reserve, Bibb County, Georgia, comprising lots 20, 21, 22, 23 and a part of lot 24 in division A of Fleetwood Downs subdivision, and lots 27, 28 and 29 of division E of said subdivision, as shown on a plat of record in plat book 20, folio 16, clerk's office, Bibb Superior Court, and more particularly described as follows: Commencing at a point on the present city limit line where the easterly side of Engle Drive intersects said city limit line, and running thence in a southeasterly direction along said city limit line a distance of 180 feet, more or less to the intersection of said city limit line with easterly line of lot 24 in division A of said subdivision; thence angling left and running in a northeasterly direction along the easterly line of lots 24, 23, 22, 21 and 20 of division A in said subdivision a distance of 282 feet to its intersection with the dividing line between lots 19 and 20 of said division A; thence angling left and running along the dividing line between said lots 19 and 20, and an extension thereof in a northwesterly direction, a distance of 220 feet to the westerly side of Engle Drive; thence angling right and running along the westerly side of Engle Drive in a northeasterly direction a distance of 29 feet, more or less, to its intersection with the dividing line between lots 26 and 27 in division E, said subdivision; thence angling left and running in a northwesterly direction along the dividing line between lots 26 and 27 of said division E a distance Page 2905 of 150 feet to the westerly line of said lot 27; thence angling left and running along the westerly line of lots 27 and 28 of said division E a distance of 130 feet to the east line of Maryland Drive; thence angling left and running along the east line of Maryland Drive and a continuation thereof in a southerly direction a distance of 324.5 feet to the present city limit line; thence angling left and running along the present city limit line in a southeasterly direction a distance of 15 feet more or less to the point of beginning; and (f) All that tract or parcel of land lying and being in the County of Bibb, in the State of Georgia, in the Howard district of land lots 338 and 339 thereof, being a small strip containing about 2.9 acres lying on the Forsyth Road and being a part of what was known as the Folley Farm and being particularly described as follows: Beginning at a point on the northerly line of Vineville Avenue, Also known as Forsyth Road, where said line intersects the present corporate limit line of the City of Macon, said point being 21.2 feet northeast of the northerly curb of Vineville Avenue as it presently exists and also 221.2 feet northeast of the present corner of the corporate limits of the City of Macon, which corner is 150 feet southwest of said Vineville Avenue right of way and 150 feet northwest of Westridge Circle right of way; and from said beginning point running thence in a northeasterly direction along the present corporate limit line of the City of Macon a distance of 570.6 feet, more or less, to a fence line on the north side of the tract commonly known as Breezy Hill; thence angling left and running along said fence line north 84 20 west a distance of 130.9 feet; thence angling left and running along a fence line south 5 51 west a distance of 545.3 feet to the northerly line of said Vineville Avenue; thence angling left and running along a fence line and the northerly line of Vineville Avenue south 53 18 east a distance of 29.4 feet to the point of beginning. Said tract being definitely and accurately described by a plat made Page 2906 by the office of Joe A. Witherington, City Engineer, dated September 1956; and (g) All that tract of land in land lots 175, 176 and 179, East Macon district of Bibb County, Georgia, particularly described as follows: Beginning at an iron pin on the westerly side of Upper River Road where the same is intersected by the northeasterly line of Woodland Drive and from said beginning point running thence along the present corporate line of the City of Macon, north 75 05 west 522.2 feet to an iron pin; thence northwesterly along Woodland Drive along the arc of a circle to an iron pin which is north 48 26 west 252.6 feet in a straight line from the iron pin last above mentioned; thence along the easterly side of Woodland Drive, course and distances as follows: north 22 10 west 193.1 feet, north 18 37 west 149.5 feet, north 21 52 west 152.1 feet, north 35 14 west 150.5 feet, north 39 26 west 150.1 feet, north 37 35 west 149.2 feet, north 37 45 west 34.1 feet to an iron pin; thence following the curve of Woodland Drive along the arc of a circle to an iron pin on the southerly side of Woodland Drive which is north 7 50 East 323.9 feet from the iron pin last above mentioned; thence north 53 15 east 157.1 feet; thence north 52 53 east 149.1 feet to an iron pin; thence along the curve of the southerly side of Woodland Drive to an iron pin at the intersection of the westerly side of Upper River Road, which is north 44 35 east 476.2 feet in a straight line from the iron pin last above mentioned; thence along the westerly side of Upper River Road course and distances as follows: south 4 41 east 198.5 feet, south 7 04 East 184.7 feet, south 12 22 east 148.9 feet, south 16 39 east 144 feet, south 18 52 east 1202.4 feet to an iron pin on the westerly side of Upper River Road; thence along the curve of Upper River Road to the iron pin at the beginning point, which in a straight line is south 12 23 east 195.0 feet. It is the intention of this description to include all of the land included by beginning on the westerly side of Upper River Road where same is intersected by the Page 2907 Northerly line of the most southerly portion of Woodland Drive and thence following around that side of Woodland Drive generally northwesterly, northerly and northeasterly to the point where same intersects the westerly side of Upper River Road and thence returning generally southerly along the westerly side of Upper River Road to the beginning point. (h) All that part of Woodland Drive which is not now within the corporate limits of the City of Macon, lying adjacent to the tract above described and being generally described as follows: Beginning on the westerly side of Woodland Drive where same is intersected by the existing corporate line of the City of Macon and running thence easterly along the present corporate limit line to the easterly side of Woodland Drive and for the full width of Woodland Drive running northwesterly, northerly and northeasterly to the line where same intersects the westerly side of Upper River Road. (i) All that tract or parcel of land situate lying and being in lots 355, 356, 363 and 364 of the 13th District of Bibb County, Georgia and containing 127.96 acres more or less comprising all of the 123.02 acres shown on plat of the Blanton Winship estate made by Frank B. West April 4, 1955 and recorded in plat book 26, folio 121 and an additional 4.94 acres marked as adjoining property formerly Sara Ann Ross, 5 acres more or less on said plat. The total of 127.96 acres more or less is more fully described as follows: Commencing at a point which is the northwest corner of lot 13 in block F of Northwoods addition as shown according to plat thereof recorded in plat book 22, folio 132, clerk's office, Bibb Superior Court and running thence along the rear line of lot 13 in said block F and the other lots in said block F down through lot 1 the following courses and distances, to-wit: south 10 degrees 45 minutes east 372.8 feet; thence south 18 degrees 18 minutes east 378 feet; thence south 17 degrees 7 minutes west 224.5 feet; thence south 5 degrees 29 minutes east 213.2 feet; thence south 55 degrees 2 minutes west 253.3 feet; thence south 1 degree Page 2908 3 minutes west 1444.5 feet; thence north 88 degrees 57 minutes west 333.1 feet; thence north 1 degree 4 minutes east 323.8 feet; thence north 86 degrees, 16 minutes west 1476.4 feet; thence north 1 degree 5 minutes east 288.6 feet; thence north 89 degrees 49 minutes west 813.8 feet; thence north no degrees 50 minutes east 582.6 feet; thence south 88 degrees 52 minutes east 391.7 feet; thence north 5 degrees 32 minutes east 535.4 feet; thence north 88 degrees 52 minutes west 435.7 feet; thence north no degrees 50 minutes east 278.6 feet; thence north 21 degrees 1 minute east 820.9 feet; thence south 87 degrees 12 minutes east 453.7 feet; thence south no degrees 44 minutes west 413.7 feet; thence south 89 degrees 16 minutes east 1524.7 feet; thence north no degrees 11 minutes east 417.1 feet; thence south 89 degrees 15 minutes east 356.8 feet; thence south 23 degrees zero minutes east 103.3 feet to the point of beginning; and, (j) All that tract of land in the East Macon district of Bibb County, Georgia, described as follows: Beginning at a point on the eastern line of Twin Pine Drive where the south line of lot 6 in division L of Shirley Hills addition intersects said line; (Division L of Shirley Hills addition being shown upon plat of record in plat book 20, folio 36, clerk's office, Bibb Superior Court); extending thence in an easterly direction along the south line of said lot 6 a distance of 280 feet to the southeasterly corner of lot 6 said division L, Shirley Hills addition, extending thence in a northerly direction along the easterly line of lots 6 and 7, said division L a distance of 221 feet to the southeasterly line of Lot 10, said division L; extending thence in a northeasterly direction along the southeasterly line of said lot 10 said division L a distance of 240 feet to the southwesterly line of Upper River Road; extending thence in a northerly direction a distance of 96.25 feet to the south corner of lot A as shown by plat of record in plat book 23, folio 74, clerk's office. Bibb Superior Court; extending thence in a northeasterly direction along the southeasterly line of said lot A a distance of 295 feet; extending thence in a northwesterly direction along the easterly line of lot A Page 2909 B as shown by plat of record in plat book 23, folio 74, clerk's office, Bibb Superior Court, a distance of 212 feet; extending thence in a westerly direction along the north line of said lot B a distance of 30 feet to the easterly line of lot C as shown by plat last referred to above; extending thence in a northwesterly direction along the easterly line of lots C D as shown by plat in plat book 23, folio 74, clerk's office, Bibb Superior Court, a distance of 200.8 feet to the northerly line of lot D said plat; extending thence in a southwesterly direction along the northerly line of said lot D a distance of 300 feet to the easterly line of Upper River Road; extending thence in a southerly direction a distance of 129.5 feet to a point where an extension of the north line of Woodland Drive and an extension of the east line of Twin Pine Drive would intersect; extending thence in a southerly direction along an extension of the east line of Twin Pine Drive and also along the east line of Twin Pine Drive a distance of 631.3 feet, more or less, to the point of beginning. (k) All that tract or parcel of land in the 8th district of Bibb County, Georgia, described as follows: Beginning at a point on the present corporate limit line of the City of Macon, which point is also the point at which a line 250 feet west of and parallel to the west side of Waverland Drive, intersects the north side of the Masonic Home Road, and thence run in a southwesterly direction along the present corporate limit line of the City of Macon, which is also the north and west side of said Masonic Home Road and an extension of the long tangent thereof, to the center of the Ocmulgee River; thence angle right and run in a northwesterly direction along the center of the Ocmulgee River 1750 feet, more or less, to a point where the line dividing land lots 199 and 198, in the 8th district of Bibb County, Georgia, extended in a southwesterly direction, intersects said center line of the Ocmulgee River; thence angle right and run in a northeasterly direction along the extension of said land lot line and along said land lot line to the corner of land lots 195, 196, 198 and 199; thence continue in a northeasterly Page 2910 direction along the line dividing lots 195 and 196 to the corner of land lots 179, 180, 195 and 196; thence angle right and run in a southeasterly direction along the line dividing land lots 179 and 196, a distance of 470 feet, more or less, to a point where the line dividing lots 21 and 22 in division O of Shirley Hills addition intersects said land lot line; thence continue in a southeasterly direction along said land lot line, which line is also the rear line of lots 22, 23, 24 and 25 of division O of Shirley Hills addition and lots 8, 9, 7, 6, 5, 4, 3 and 2 of division F of Shirley Hills addition, 1470 feet, more or less, to a point where the present corporate limit line of the City of Macon, which is also a line 250 feet west of and parallel with the west side of Waverland Drive, intersects said land lot dividing line; thence angle right and run in a southwesterly direction along the present corporate limit line of the City of Macon, a distance of 310 feet, more or less, to the point where said line intersects the northern line of the Masonic Home Road, being the point of beginning. It is intended to annex and incorporate within the corporate limits of the City of Macon all of land lots 196 and 198 in the 8th district of Bibb County, except the portions thereof already lying within said city limits, whether included within the above description or not. (1) All that tract or parcel of land lying and being in land lot 179, 8th district, Bibb County, Georgia, being known as part of divisions F, G, H, M, N, O and Z, Shirley Hills addition, and more particularly described as follows: Beginning at a point on the southeasterly line of Waverland Circle where the line dividing lots 1 and 2, division M, Shirley Hills addition, intersects said line; and form said beginning point run thence in a southeasterly direction along the line dividing lots 1 and 2, division M, Shirley Hills addition, which is also the present corporate limit line of the City of Macon, to a point where said line intersects the north line of lot 5, division M, Shirley Page 2911 Hills addition; thence angle left and run in a northeasterly direction along the dividing line between said lots, 1 and 5, to a point 250 feet west of the west side of Waverland Drive; thence angle right and run along the present corporate limit line of the City of Macon, which is a line running parallel to, and 250 feet generally west and north of, the west and north line of Waverland Drive to a point where said line intersects the line dividing land lots 179 and 196 in the 8th district of Bibb County, Georgia, which line is also the rear line of division F, Shirley Hills addition; thence angle right and run in a northwesterly direction along said line dividing land lots 179 and 196 to a point where the line dividing lots 21 and 22, division O, Shirley Hills addition, intersects said land lot dividing line; thence angle right and run in a northeasterly direction along the line dividing Division O, Shirley Hills addition, from the property of the Masonic Home of Georgia, to a point where said dividing line intersects the present corporate limit line of the City of Macon, which line lies 250 feet westerly of and parallel to the west side of Waverland Drive; thence angle right and run along said present corporate limit line 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 line dividing lots 1 and 2, division M, Shirley Hills addition, which is the point of beginning. The above described property includes all of those portions of divisions F, G, H, M, N, O and Z, Shirley Hills addition, which are not presently included in the corporate limits of the City of Macon. Section 3. All laws and parts of laws in conflict herewith be and the same 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 2912 going 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 12, 19 and 26, 1957, 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 Sworn to and subscribed before me this 14 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960 (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 1957 session of the General Assembly, which convenes on Monday, January 14, 1957, to amend the charter of the City of Macon in the following respects: (1) By adding to section 2 of said charter, as amended, relating to the corporate limits of the City of Macon, a description of new territory to become a part of the City of Macon; (2) By repealing section 91 of said charter, as amended, relating to a license or business tax upon delivery vehicles; (3) By adding new sections to said charter authorizing the creation of a City of Macon Public Library; to provide for a city librarian and his qualification, and the manner of prescribing his duties; to authorize the creation of a board of library commissioners as the governing Page 2913 body of said library and to prescribe the number, qualifications, powers, duties and responsibilities of the members of said board. The City of Macon will also apply for the passage of the following local legislation at said session: (1) An Act authorizing the mayor and council of the City of Macon to abandon, vacate and close that portion of a twenty foot alley running between the southerly line of Ash Street and the easterly line of the right-of-way of the Central of Georgia Railroad in block 18 of the Southwest Commons of the City of Macon, and vesting title thereto in the City of Macon; (2) An Act to close, vacate and abandon for street purposes a certain portion of Orange Street at its intersection with First Street and a certain portion of First Street at its intersection with Orange Street in said City, and to vest title thereto in the City of Macon; (3) An Act to close, vacate and abandon for street purposes a certain portion of Third, Arch and Oglethorpe Streets where said streets converge in the City of Macon, and to vest title thereto in the City of Macon; (4) An Act directing the City of Macon to close, vacate and abandon for cemetery purposes that portion of Square 35, Old City, known as the Old City Cemetery; ordering the removal of the remains of bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said Square 35 and the reinterment thereof in an appropriate area of Rosehill Cemetery in the City of Macon set apart from said purpose; directing said City to erect therein a suitable memorial commemorating and honoring these reinterred dead, and vesting title to that portion of Square 35, Old City, formerly occupied by the Old City Cemetery, in the City of Macon. This notice is given in compliance with Article III, Page 2914 Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 11th day of January, 1957. C. Cloud Morgan City Attorney. Approved March 13, 1957. SUPPLEMENTAL SALARY TO SHERIFFS OF CERTAIN COUNTIES. No. 344 (House Bill No. 480). An Act to provide the sheriff of certain counties with a supplemental salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The sheriff of all counties having a population of not less than 4,050 and not greater than 4,500 according to the United States Federal census of 1950, or any future United States Federal census, shall receive the sum of fifty dollars ($50.00) per month as supplemental salary in addition to any fees or salary which he shall now receive. Such supplemental salary shall be paid from the general funds of such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. Page 2915 ASSISTANT SOLICITOR OF CITY COURTS IN CERTAIN COUNTIESSALARY. No. 347 (House Bill No. 589). An Act to amend an Act approved February 24th, 1953, (Ga. L. of 1953, pp. 2547 and 2548), entitled, An Act to provide for the appointment of an assistant solicitor of the city court of all counties of this State having a population of not less than 108,000 and not more than 112,000 according to the United States census of 1950 or any future United States census, to provide for his duties, compensation, authority and term of office, so as to increase the salary of said assistant solicitor as provided for in said Act, and to repeal all conflicting laws. Be it enacted by the General Assembly of Georgia as follows: Section 1. Section (3) of an Act approved on February 24th, 1953 (Ga. L. of 1953, pp. 2547 and 2548), entitled, An Act to provide for the appointment of an assistant solicitor of the city court of all counties of this State having a population of not less than 108,000 and not more than 112,000 according to the United States census of 1950 or any future United States census, to provide for his duties, compensation, authority and term of office, is hereby amended as follows, to wit By striking from said section (3) of said Act the figure of $308.00, and inserting in lieu thereof the following figure, to wit 338.80, so that said original section (3) of said original Act, as thus amended, shall read as follows, to wit: Section (3) The salary of the assistant solicitor of the city or county court shall be $338.80 per month to be paid monthly out of the county treasury of the county of such assistant's appointment, and he shall be entitled to and be paid monthly out of the county treasury of such county the sum of $50.00 per month for car allowance so long as he uses his car in connection with his office. Salary. Page 2916 Section 2. Be it further enacted that except as herein amended said original Act shall remain of full force and effect as originally enacted and approved. Section 3. Be it further enacted that all laws and parts of laws in conflict with this amending Act be, and the same are hereby, repealed. Approved March 13, 1957. CITY OF MACON CHARTER AMENDED. No. 348 (House Bill No. 582). 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 sub-section of said Act or Acts, by adding after section 103 a new section to be known as section 103; to authorize the board of water commissioners of the City of Macon for any or all of its officers, agents and employees, from time to time to contract with a private insurance company or companies for group life insurance, group accident insurance, group health insurance, group hospitalization insurance or group medical insurance, or Page 2917 any combination of such insurance, and any other type or kind of group insurance; to provide that the cost of such insurance for the officers, agents, and employees of said board may be borne exclusively by the board or may be borne exclusively by the officers, agents and employees of the board, or may be partly borne by the board or partly by such officers, agents or employees; to provide for deduction from the payroll of such officers, agents, and employees to pay such costs as is to be borne by them; to authorize the board to increase, enlarge, decrease or terminate any and all such insurance; to provide that no officer, agent or employee shall have any right vested or otherwise in the continuance of any such insurance once placed in force; to provide for severability; 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 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 or 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 sub-section of said Act or Acts, be and the same are hereby further amended by adding after section 103, a new section to be known as section 103 and to read as follows: Section 103. (a) The board of water commissioners Page 2918 shall have authority, for any or all of its officers, agents and employees, from time to time, to contract with a private insurance company, or companies, for group life insurance, group accident insurance, group health insurance, group hospitalization insurance and group medical insurance, or any combination of such insurance, and any other type or kind of group insurance. Provided, however, that no officer, agent or employee of the board shall be included in any such contract without his consent. Water commission, group insurance. (b) The cost of such insurance for the officers, agents and employees of the board may be borne exclusively by the board, or such cost may be borne exclusively by the officers, agents and employees of the board, or such cost may be partly borne by the board and partly by the officers, agents and employees, and the board shall determine in its sole and exclusive judgment and discretion by whom such costs shall be borne, and in what amount and proportion. Provided, however, that no part of such cost shall be borne by any officer, agent or employee of said board not participating in such insurance program. (c) No officer, agent or employee shall have any right, vested or otherwise, in the continuance of any insurance once placed in force. The board shall have the uncontrolled right and authority, from time to time, to decrease or terminate any or all of such insurance, and may, with the consent of the affected officers, agents or employees of said board, increase such insurance and add additional forms of insurance. The board shall have the right and authority, with the consent of the affected officers, agents or employees of said board, to increase the amount of the contribution of any officer, agent or employee of said board to the cost of such insurance, provided, however, that if any such officer, agent or employee shall not consent to such increased contribution, then the board shall have the right to terminate such insurance for such officer, agent or employee. (d) The cost of any such insurance borne by the board Page 2919 shall come from its operating revenue, and the board shall have authority to make payroll deductions for the cost to be borne by its officers, agents and employees. (e) Any and all such insurance contracts now in force are hereby validated and made of mull force and effect, subject to the provisions of sub-sections a through d, inclusive, hereof. Section 2. If any section or portion or any section of this Act shall be held in valid, the remainder of such section and Act shall remain of full force and effect. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned attesting officer, Edgar H. Wilson, 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 19, 26 and February 2, 1957, 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/ Edgar H. Wilson. Sworn to and subscribed before me this 14 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Page 2920 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 1957 session of the General Assembly, which convened on Monday, Jan. 14, 1957: 1. An Act to amend section 46 of the charter of the City of Macon, as amended, relating to the powers of the recorder of the City of Macon, so as to increase the jurisdiction and the authority of the recorder of said city, to impose fines and public works sentences for the violation of any law or ordinance of said city from the present maximum limits specified in said section; and for other purposes; 2. An Act to amend the charter of the City of Macon, as amended, as it relates to the water and sewerage systems, so as to authorize the board of water commissioners of the City of Macon or any or all of its board members, officers, agents and employees, from time to time to contract with a private insurance company or companies for group life insurance, group accident insurance, group health insurance, group hospitalization insurance or group medical insurance, or any combination of such insurance, and any other type or kind of group insurance; to provide that any and all costs of such insurance for board members shall be borne exclusively by such board members; to provide that the cost of such insurance for the officers, agents and employees of said board may be borne exclusively by the board or may be borne exclusively by the officers, agents and employees of the board, or may be partly borne by the board or partly by such officers, agents or employees; to provide for deduction from the payroll of such officers, agents, and employees and board members to pay such costs as is to be borne by them; to authorize the board to increase, enlarge, decrease or terminate any and all such insurance; to provide that no board member, officer, agent or employees shall have any right, vested or otherwise, in the continuance of any such insurance once placed in force; and for other purposes. Page 2921 This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 18th day of January, 1957. C. Cloud Morgan, City Attorney. Approved March 13, 1957. POLK COUNTYLICENSES TO CONDUCT CERTAIN BUSINESSES. No. 351 (House Bill No. 516). An Act to amend an Act approved August 19, 1919, creating a board of commissioners of roads and revenues for Polk County, as amended; to authorize and empower said board in its discretion to fix annual license fees to be paid to said county for the conducting, carrying on or operating within the limits of said county the following activities: road shows, side shows, carnivals and other itinerant shows and displays; fortune-telling, mind-reading, palmistry and similar activities; pin-ball machines and similar machines which are operated by depositing a coin therein for the playing of a game or the engaging in of any contest of chance or skill; to provide for the manner of collecting said license fees, the use of funds paid the county for such license fees; 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 for Polk County, approved August 19, 1919, as amended, is hereby amended to provide as follows: Sec. 12 (a) Said Board is hereby authorized and Page 2922 empowered, in its discretion to fix annual license fees to be paid to said county by each person, firm or corporation which conducts, carries on or operates within the limits of said county the following activities: License fees. 1. Road shows, side shows, carnivals and other itinerant shows and displays. 2. Fortune-telling, mind-reading, palmistry and similar activities. 3. Pin-ball machines and similar machines which are operated by depositing a coin therein for the playing of a game or the engaging in of any contest of chance or skill. (b) The privilege of conducting, carrying on and operating said activities within the limits of said county is purely a privilege and no such activity shall be conducted in said county without a permit from the said board, which said authority is hereby given discretionary powers as to the granting or refusal of such permits. (c) Fi fas. may issue for the collection of license taxes hereinbefore provided for, and such taxes may be collected in any other manner provided by law for the collection of license fees and taxes. (d) Funds derived from this licensing power shall be used by said county for the support of paupers. (e) Any person who violates the provisions of this Act shall be guilty of a misdemeanor and punished as such. Section 2. Section 12 (a), (b), (c), (d), and (e) set out in section 1 above shall be inserted and is hereby inserted in the said Act of August 19, 1919, after section 12 thereof. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Page 2923 Georgia, Polk County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joseph C. Haire, who on oaths, deposes and says that he is editor publisher of The Cedartown Standard, official organ of said county, and that the attached copy of notice of intention to introduce local legislation was published in said newspaper on the following dates: January 14, 1957, January 21, 1957, and January 28, 1957. /s/ Joseph C. Haire, By: J. W. Streeft, B. M. Sworn to and subscribed before me this 31st day of January, 1957. /s/ Mrs. Herbert DeArman, NP, Ga. My Commission Expired Feb. 8, 1957. (Seal). Cedartown Standard. Certificate of Publisher. State of Georgia, County of Polk. Personally appeared before me, the undersigned officer, duly authorized to administer oaths, Joseph C. Haire who, on oath, deposes and says that he is the publisher of the Cedartown Standard, which is the official organ of Polk County, Georgia, and that the attached advertisement of notice of legislation was published in said paper on Jan. 14, 21-29, 1957. /s/ Joseph C. Haire, Publisher. Sworn to and subscribed before me this 15 day of Feb., 1957. /s/ Mrs. Herbert DeArman, Notary Public. My Commission expires Feb. 6, 1961. (Seal). Page 2924 Legal NoticeNotice of Local Legislation. Notice is hereby given that the following local legislation will be introduced at the January, 1957 session of the General Assembly of Georgia, to authorize and empower the board of commissioners of roads and revenues of Polk County, in its discretion to fix annual license fees to be paid to said county for the conducting, carrying on or operating within the limits of said county the following activities: road shows, side shows, carnivals and other itinerant shows and displays; fortune-telling, mind-reading, palmistry and similar activites; pin-ball machines and similar machines which are operated by depositing a coin therein for the playing of a game or the engaging in of any contest of chance or skill; to provide for the manner of collecting said license fees, the use of funds paid the county for such license fees and for other purposes. The 12th day of January, 1957. Billy Campbell, Chairman Polk County Board of Commissioners. 14-Jan. 14-21-28 Approved March 13, 1957. JOINT CITY-COUNTY BOARD OF TAX APPEALS IN CERTAIN COUNTIES. No. 353 (House Bill No. 474). 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.) as amended, so as to provide Page 2925 for the arbitration of disputed tax assessments, 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, according to the United States Census of 1950 or any future United States Census, (Ga. L. 1952, pp. 2825 et seq.) as amended, be further amended as follows: Section 1. Any taxpayer, feeling dissatisfied with the assessment put upon his property by the joint city-county board of tax assessors shall have the right to demand arbitration as provided in Georgia Code Chapter 92-69. The provisions of said Chapter 92-69 shall apply to all such arbitrations. Appeal. Section 2. The compensation of the arbitrators shall be divided as follows: The taxpayer shall be responsible for the compensation of the arbitrator selected by him. The arbitrator selected by the joint board of tax assessors shall be paid as part of the expense of said board as provided in the case of other expenses. The umpire selected as provided by law shall be paid fifty per cent by the tax payer and fifty per cent by said board as provided in the case of other expenses. Compensation of arbitrators. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. CITY OF PINE LAKE CHARTER AMENDED. No. 356 (House Bill No. 379). An Act to amend the charter of the City of Pine Lake in the County of DeKalb, as embodied in the Acts of Page 2926 the General Assembly Special Session 1937-1938 page 1225 and as amended in the Acts of the General Assembly 1939 page 1259 and as amended in the Acts of the General Assembly 1941 page 1682 and as amended in the Acts of the General Assembly 1956 page 3482 by changing the voting requirements and by providing for absentee ballots 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 and amended by an act approved March 17, 1956 be amended to read as follows: Section 1. Be it further enacted by authority aforesaid that section 15 of the Acts of 1937 be and the same is hereby repealed and the following is substituted therefor to be known as section 15. Election, qualifications of voters. All persons residents of said city for at least six months out of the year and who reside within the city at the time the registration of voters closes as provided in section 40 of the acts of 1937 (five days before the election) and who are qualified to vote for members of the General Assembly of this State and the ordinances of this city and who have registered according to the laws of this city shall be qualified to vote in all city elections. Section 2. Be it further enacted by the authority aforesaid that the voters oath contained in section 40 of the acts of 1937 be and the same is hereby repealed and the following is substituted therefor to be known as the oath of voter. I.....do solemnly swear (or affirm) that I am 18 years old or over, that I am qualified to vote for members of the General Assembly of Georgia, have paid all taxes required of me by the law of this State and Page 2927 ordinances of this city and have been a resident of this city, or shall have been a resident of this city, for six months by the time the registration of voters closes, which is explained to me or which I know to be five days before the city election and am a citizen of the City of Pine Lake, Georgia, so help me God. Voter's oath. Section 3. The following sections provide for the voting by mail and shall be known as sections 45, 46, 47 and 48 of the charter of the City of Pine Lake, Ga. Section 45: Any voter when required to be absent from the city or who because of physical disability will be unable to vote in person may vote by mail: provided that he or some member of his immediate familyhusband or wife, father or mother, sister or brother or son or daughtershall give notice in writing of such intention to the city clerk of the city of Pine Lake not less than ten (10) days nor more than sixty (60) days prior to the election in which he may desire to participate. Absentee ballots. Section 46: Said voter shall forward to the city clerk of the city of Pine Lake a letter of application for a ballot and shall enclose therewith postage or the correct amount in legal tender necessary for the return to him of a blank ballot and full instructions as to marking the said ballot and it's proper return to the said city clerk. If the voter is making application for a ballot because of physical disability there shall also be included a certified statement from a licensed physician to the effect that such voter will be unable to vote in person, because of said physical disability. Section 47: The city clerk, upon receipt of the application for ballot shall satisfy herself that the applicant is duly qualified to vote and shall enroll the name and address of the applicant, if found eligible, in a book to be provided for that purpose and make out the certificate as hereinafter provided and forward same to the applicant at least eight days prior to the date of holding said election, by mail and shall also enclose in said letter: Page 2928 (A) An envelope containing the folded ballot, sealed and marked ballot within. (B) An envelope for resealing the marked ballot, properly marked. (C) A properly addressed envelope for the return of the ballot. (D) A printed slip giving full instructions regarding the manner of marking the ballot in order that the same may be counted and the manner of preparing and returning the same, which printed slip and envelopes shall be provided by the city council of the City of Pine Lake, Georgia. Section 48: Upon receipt of a returned envelope containing a ballot the city clerk shall mark the date of arrival on said ballot and no ballot shall be counted if received after 12 noon of the date of the election. Section 4. All men serving in the armed forces of the United States who lived within the city limits of the City of Pine Lake prior to entering the service shall be considered residents and citizens of the City of Pine Lake, Georgia. Residents in armed forces. Section 5. 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. 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 1957 session of the General Assembly calling for a charter amendment to the charter of the City of Pine Lake, Georgia changing the voting requirements and providing for voting by mail (absentee balots). Clarence Peeler, Jr., City Attorney for the City of Pine Lake. Page 2929 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 January 17, 1957, January 24, 1957 and January 31, 1957. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 31st day of January, 1957. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My Commission Expires Dec. 18, 1957. (Seal). Approved March 13, 1957. TOWN OF UVALDA RE-INCORPORATED. No. 357 (House Bill No. 262). An Act to create a new charter for the Town of Uvalda, in the County of Montgomery, State of Georgia; to consolidate and declare the rights and powers of said municipal corporation; to define the corporate limits thereof; to prescribe the powers of said town; to provide for mayor and council; to prescribe the powers, duties, and qualifications of election thereof; to provide Page 2930 for the filling of vacancies; to provide for election by mayor and council of a mayor pro tem.; to provide for the hiring and firing of employees of said town, and for their compensation; to provide for a mayor's and police court and prescribe its powers; to provide for the enactment of ordinances by the mayor and council; to provide for arrests and punishment of persons violating town ordinances; to provide for the giving of bond for such offenders; to provide for appeal from the mayor's and police court; to provide for levying ad valorem license and occupation taxes, and prescribe the methods of assessment, levy and collection of such taxes; to provide for the issuance and sale of bonds of and by said town, and elections therefor; to provide for the construction, ownership, operation, regulation and control of water, lights, and sewer systems, and other necessary and convenient public utilities; and to provide for the payment of the cost thereof by the issuance and sale of bonds, revenue certificates, and other forms of securities provided by law; to provide for the establishing and maintenance of streets, sidewalks, and other public ways in said town; to provide for parks and playgrounds; to provide for the declaration of and the abatement of nuisances; to provide for fire zones and restrictions for buildings constructed therein; to provide for the dividing of said town into wards; to provide for condemnation of private property for public uses; to provide that all ordinances and resolutions heretofore enacted by the mayor and council of said town, and in force at the time of the taking effect of this charter not inconsistent with its provisions, shall not be affected by this charter; 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 Town of Uvalda, in Montgomery County, Georgia, heretofore made a body politic and corporate by an Act of the General Assembly of Georgia approved July 22, 1910, shall continue a body politic and corporate, Page 2931 under and known by the corporate name of Town of Uvalda. By said corporate name it may sue and be sued, have and use a corporate seal, buy, hold, exchange, sell and convey property, make all needful and lawful contracts, and by such name transact all of its business. Said corporation, through its mayor and councilmen, shall have all the powers and privileges incident to municipal corporation under the laws of the State of Georgia, and all other powers that are necessary and proper to make, regulate, maintain and preserve a proper and legal government of said Town of Uvalda, and shall succeed to all rights and liabilities of the present corporation of the Town of Uvalda. Re-incorporated. Section 2. Be it further enacted that the corporate limits of said town shall be as follows: The center of the Town of Uvalda shall be the place where the depot of the Georgia and Florida Railway is now located and now stands, at the station known as Uvalda on said railway in said County of Montgomery, and that the territorial limits of said Town of Uvalda shall extend three-fourths of a mile in a northerly, easterly, southerly and westerly direction from the depot of the Georgia and Florida Railroad, so as to embrace a circle with a diameter of one and one-half miles with its center the place where said depot is now located. Corporate limits. Section 3. Be it further enacted by the authority aforesaid that the government of said Town of Uvalda shall be vested in a mayor and six councilmen, to be known as the mayor and council of said town, and who shall be elected as hereinafter provided, and who shall hold their office until their successors are elected and qualified. Mayor and councilmen. Section 4. Be it further enacted by the authority as aforesaid, that the mayor and councilmen who were elected in the election held on the 3rd day of January, 1957 shall hold office as mayor and council for the term for which they were elected, which will expire on the first Thursday in January, 1958. On the first Wednesday Page 2932 in December, 1957, and annually thereafter, a mayor and six councilmen shall be elected, their term of office to begin on the first Thursday in January, following said election. Same, election and terms. Vacancies caused by deaths or resignations in the office of mayor and councilmen shall be filled by the mayor and council for the remainder of the unexpired term as may be provided by ordinance. Section 5. Be it further enacted by the authority aforesaid, That all citizens qualified to vote for members of the General Assembly of Georgia, and shall have resided six months within the jurisdictional limits of said town, and no other person shall be qualified to register and vote at any election herein provided for. Elections, voters. Section 6. That a system of registration of voters is hereby established for said town, and no person shall be allowed to vote in any election of any kind held in said town without having first registered in accordance with the provisions of this charter and of such ordinances or regulations as may be adopted hereunder, and the mayor and council are empowered to adopt such ordinances and regulations as may be deemed proper to carry out the provisions of this section. Same, registration. Section 7. That the clerk of council shall receive all registrations of voters for said town and shall keep the books of registration open at all times, during business hours, at the town offices or at the office of such clerk to receive the registration of all qualified voters of said town, except during the 60 days next preceding the date of any election. Any voter registering under this Act shall be a qualified voter as long as he remains a citizen of the Town of Uvalda, and is otherwise legally qualified to register in any general elections in the State of Georgia. These books shall be open at all times to the inspection of any or all of the citizens of said town. The clerk shall procure blanks containing the oaths to be subscribed by persons entitled to register in said town, which Page 2933 shall be as follows: I do swear, or affirm, that I am a citizen of the United States; that I am eighteen years of age, or more, or will be on the..... day of....., 19.....; that I believe I possess the qualifications of an elector required by the law of this State, and by the charter and ordinances of the Town of Uvalda; that I am not disfranchised from voting by reason of any offense committed against the law of this State: I do further swear, or affirm, that I have resided in the Town of Uvalda continuously for at least six months immediately preceding the date of this oath; and my age is.....; my occupation is...... Said blank shall be properly filled and the oath signed by the voter. The same shall be dated and the clerk of council is authorized and empowered to administer oaths to the person so registering. No person totally unknown to the clerk of council or the town marshal, shall be allowed to register until he produces evidence of his residence in said town, and his right to register. Same, oath. Section 8. At the first regular meeting of the mayor and council held in April, 1957, and annually thereafter, the mayor and council shall elect by ballot three registrars for said town. Said registrars shall be qualified voters of said town. In the event of death or resignation of any registrar his unexpired term shall be filled by the mayor and council. Said registrars before entering upon their duties shall take and subscribe the following oath: I do solemnly swear that I will faithfully and impartially discharge, to the best of my ability, the duties imposed upon me by law as such registrar. Said oath shall be filed with the clerk of council and entered upon the book of minutes. Ten days prior to the date of any election for any purpose, held in and for the said Town of Uvalda, the clerk of council shall turn over to said registrars the book of registered voters, and said registrars shall appoint a time when they, in open session in the council chamber, will hear all complaints. When a complaint is made that any voter has registered who is not entitled by law to do so, he shall have three days personal notice, if in the town, or if not in the town, then Page 2934 three days notice by leaving a copy at his residence, of the time and place of hearing and of the grounds of challenge, and the registrars shall sit as a court to review said case, and may subpoena witnesses, hear evidence, and determine whether in law such names should remain or be stricken. They shall also hear all complaints of any one who has been refused registration, hear evidence, and determine whether such applicants should be allowed to register. Said registrars shall review the list turned over to them, but any voter to be affected must be notified and have an opportunity to be heard as hereinbefore provided. All actions of the registrars in revising the list of voters must be in public in the council chamber. In making said registration list, and in revising said work, the registrars shall examine the grounds for disqualification of voters, including criminal records. They shall leave no one on said list who is not entitled to register, and shall strike no one off of said list who is entitled to register, and vote. That after such registrars have fully completed their work in revising the registration list, they shall have carefully and plainly made, or cause to be made, two alphabetical lists exactly the same, giving name and color and residence of each voter, and shall certify to the correctness of each list and date and sign the same officially. They shall file one copy with the clerk of council for the inspection of all parties concerned. The other copy they shall securely seal, plainly mark and sign on the outside officially, and deliver to the clerk of council, to be by him kept unopened until the day of election, and then handed to the managers of said election. Said registrars shall also at the same time turn back to the clerk of council the book of original entries of the persons registering and their oaths, and these shall remain in his office at all times during office hours, subject to the inspection of any parties at interest. Same, registrars. Section 9. That any person who shall register illegally under this Act or be guilty of a violation of any of the provisions of section 34-9901 of the Penal Code of Georgia in registering under this Act, shall be guilty of a misdemeanor. Illegally registering to vote. Page 2935 Section 10. That the mayor and council of said town shall have power and authority to fix by ordinance or resolution the compensation of registrars and to pay the same. Registrars' compensation. Section 11. That five days prior to any election, the mayor and council shall name as election managers three qualified voters of said Town of Uvalda; but no person who is a candidate for any office in the Town of Uvalda; or who is at the time of said election an office holder of said town, shall act as manager or clerk thereof. The election managers, when organized, ready for receiving votes, at any election held in said town, shall receive from the clerk of council the official registration list that has been certified by the registrars as the correct list of voters qualified to vote in said election, sealed as aforesaid, and shall break the seal and use said list in said election, and shall not permit any person to vote whose name is not on said list. Said managers shall plainly mark or check each name as voted. After said election, all ballots cast in said election shall be deposited in the ballot box, carefully sealed and turned over to the clerk of council for safe keeping, who shall deposit the same in the vault of the town without opening it until the first regular meeting of the mayor and council held thirty days after said election, when, on the event of no contest having been filed as to results of said election, the ballots shall be destroyed by them. The voting list and tally sheets shall be returned to the clerk and mayor and council and shall be preserved in the town records. The polls for the holding of all elections in an for the said Town of Uvalda shall be open at 6:30 o'clock a. m. and remain open until 6:00 o'clock p. m. by the time in common use in said Town of Uvalda. The managers of the election shall certify the results thereof to the mayor and council who shall record said certificate on the minutes or other book kept for that purpose, and said records shall be the evidence of the results of said election. Election managers. Section 12. That any elective officer of the town shall Page 2936 be subject to recall and removal from office by the qualified voters of the town, and the procedure to effect such removal shall be as follows: A petition demanding that the question of removing such officer or officers be submitted to the voters, shall be filed with the person discharging the duties of clerk of council. Such petition for the recall of any such elective officer or officers shall be signed by at least twenty-five (25) per cent, of the qualified voters as determined by the last registration list as used in the last election, at least one-fifth (1-5) of whom shall certify that at the election at which the officer or officers was or were elected, they voted for the election of such officer or officers proposed to be recalled. Petitions for signatures for such recall shall be procured only from the person exercising the duties of clerk of council, who shall keep a sufficient number of such blank petitions on file for distribution, and prior to the issuance of such petitions for signature there shall be filed with such person an affidavit by one or more qualified voters, stating the name or names of the officer or officers sought to be removed, and that the issuance of such petition or petitions are desired. Such officer issuing such petitions for removal to a voter shall enter, in a record to be kept, the name of the voter to whom issued, the date of such issuance, and the number of such petition issued, and shall certify on such petitions for signatures the name of the voter to whom issued and the date of its issuance. No petition for signatures shall be accepted and taken into consideration in determining the necessary percentage of voters for removal unless it bears such certificate and be filed as herein provided. Recall of elective officials. Each signer of a recall petition shall sign his name thereto and shall write thereon, after his name, his place of residence by street and number, if any. To each of said petitions there shall be attached an affidavit of the circulation thereof, stating the number of signers to such part of the petition and that each signature to the same is genuine, was made in his presence, and in that of a person whose name it purports to be. Page 2937 All papers comprising a recall petition shall be returned and filed with the person exercising the duties of clerk of council within thirty (30) days after the filing of the affidavit hereinbefore provided for. The person exercising the duties of clerk of council upon the return of such petition, shall at once submit the same to the governing authority of the town, and shall notify the officer or officers sought to be recalled of such action. If the official whose removal is sought does not resign within five (5) days after such notice is given, the governing authority of the town shall thereupon order and fix a day for holding a recall election, the date of which election shall not be less than fifteen (15) nor more than thirty (30) days from the time such petition was presented to the governing authority of the town. The ballot of such recall election shall conform to the following requirements, with respect to each person whose removal is sought the question shall be submitted. Shall (name of person) be removed from the office of (name of office) by recall? Immediately following each of such questions there shall be printed on the ballots, in separate lines, in the order here set out the words: For the recall of (naming persons), against the recall of (naming person). Should a majority of the votes cast at such recall election be for the recall of the officer named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office, but should a majority of the votes cast at such recall election be against the recall of the officer named on the ballot, such officer shall continue in office for the remainder of his term, subject to recall as before. No recall petition shall be filed against any officer of the town within three (3) months after his election, nor within six (6) months after an election for such officer's recall. In case the governing authority of the town shall fail or refuse to receive the recall petition, order such recall election or discharge any other duties with reference to Page 2938 such recall, than the ordinary of Montgomery County, Georgia, shall discharge any of such duties herein provided to be discharged by the governing authority of said town, or any of the duties herein provided to be discharged by the clerk of council, in the event of the failure by said clerk to discharge the same. If, in such recall election, there shall as a result of such election, remain one or more of such elective officers, who is not recalled, then such officers or officer not recalled shall discharge all of the duties incumbent upon the governing authority of said town until the vacancy or vacancies created at such recall elections are filled by an election for that purpose, as hereinafter provided for, but if in any proposed recall election it is proposed and submitted to recall all elective officers, then there shall be placed on said ballot under the question of recall the names of candidates to fill the vacancies proposed to be created by such election, but the name of such officers proposed to be recalled shall not appear on the ballot as candidates. If at any recall election it is not proposed and submitted to recall all of the elective officers, but any one or more, fewer than all, and such election shall result in favor of the recall of one or more of such officers, proposed to be recalled and constituting the governing authority of the town, within five (5) days after the result of such election has been certified by the mayor thereof, the mayor and council shall meet and on the same day order an election to fill such vacancy or vacancies; which election shall be held not less than ten (10) days nor more than twenty (20) days after the same has been ordered. Section 13. Be it further enacted that the territory embraced within the corporate limits of the Town of Uvalda may, if the mayor and council shall unanimously decide so to do, be divided into four wards to be known respectively as the first, second, third and fourth wards of the Town of Uvalda. This may be done by ordinance Page 2939 unanimously passed by such mayor and council and they may, by ordinance, describe, determine and identify the territory to be embraced in each ward. In the event the mayor and council shall determine as herein provided to establish such wards, then, after they are so established, each ward shall be entitled to one representative upon the municipal board of council, and at each annual election thereafter held, for mayor and councilmen, one of the four councilmen to be elected shall be a resident of such first ward, one of such second ward, one of such third ward and one of such fourth ward. That at elections held after the passage of such ordinance, for councilmen in said town, each ballot shall designate, not only the person voted for but also the ward for which said person is to act as councilman, and the election managers in determining the results shall count only such votes for councilmen of any particular ward as shall be cast for a resident of such ward. No citizen being eligible for the office of councilmen in any other ward than the one in which he shall reside. In addition to the four councilmen to be elected to represent the four wards, there shall be elected at the same time a councilman at large, who may be a resident anywhere within the territorial limits of said town. In all elections for mayor and councilmen, all candidates for such offices shall be elected by all of the voters voting in such election, residing in the said town, regardless in what ward they may reside. Wards. Section 14. That in all elections for mayor and councilmen of said town, the candidate or candidates receiving the highest number of votes cast in such election shall be declared elected to the office for which he may be a candidate. In the event that any two candidates receive an equal number of votes, then another election shall be called and held, under the same rules and regulations as herein provided, within fifteen (15) days after such regular election, in which such election only the candidates receiving equal number of votes shall be eligible to become a candidate. Elections. Page 2940 Section 15. Be it further enacted, that at its first regular meeting after qualification, or as soon thereafter as practicable the mayor and council of the Town of Uvalda shall elect a clerk of council. His term of office shall be the same as that of the mayor, he shall take such oath of office and subscribe thereto, as the mayor and council may prescribe and shall give bond in the sum which may be prescribed and deemed advisable by the mayor and council, with good and sufficient security to be approved by the mayor and council by resolution, payable to the Town of Uvalda, for the faithful performance of his duties and the making of a just and true account of all monies and funds coming into his hands from all sources as an officer of said town. He shall be the clerical officer of the council and shall be the keeper of the seal of said town; he shall also be ex-officio clerk of the police court of said town; and attend its sessions; he shall be ex-officio tax collector and tax receiver of said town; he shall be ex-officio clerk of the board of tax assessors, and the board of health of said town, and he shall be ex-officio clerk or secretary of any other board of said town, created under the provisions of this Act, or that may be created and established under the laws and ordinances of the Town of Uvalda. The duties of the said clerk as clerk of the council, and as ex-officio clerk of the police court, as ex-officio tax collector, and as ex-officio clerk or secretary of any board or commission of said town, shall be such as prescribed in this Act and as shall be prescribed under and by the laws and ordinances of said town and by the mayor and council. The compensation of said clerk shall be fixed by the mayor and council. Clerk of council. Section 16. Be it further enacted, that at the first meeting after qualification, and as soon thereafter as practicable, the mayor and council of the Town of Uvalda shall have the right and power to elect the town treasurer, but they may as they see fit and proper, provide by resolution or ordinance that the clerk of council shall be ex-officio treasurer of the town. In the event that another than the clerk is elected such treasurer, his Page 2941 term of office shall be the same as that of the mayor. He shall take such oath of office and subscribe thereto, as the mayor and council by resolution may prescribe and deem advisable. He shall give bond in a sum to be prescribed by the mayor and council, with good and sufficient security to be approved by the mayor and council, by resolution, for the faithful performance of his duties and to make a just and true accounting for all monies and funds coming into his hands from all sources as an officer of said town. It shall be the duty of the town treasurer to receive and safely keep all monies and funds of the town that may come into his hands from every source; to keep separate accounts of same as may be provided or required under and by the laws and ordinances of said town; and he shall only pay out said funds in the way and manner as may be prescribed and provided for by and under the laws and ordinances of said town; and to perform any and all further duties as town treasurer as the mayor and council shall by ordinance prescribe. The town treasurer shall receive as compensation such amount as shall be prescribed by the mayor and council. Treasurer. Section 17. Be it further enacted, that the mayor and council shall have the power and authority to elect a town attorney, whose term of office shall be for one year, whose duties shall be as prescribed by the mayor and council from time to time. Compensation for the services of such attorney shall be fixed as may be prescribed by ordinance enacted by the mayor and council. Attorney. Section 18. The mayor and council shall have authority to elect a town sexton to have the superintendence of and the care of the town cemetery; his duties shall be such as shall be prescribed by the mayor and council and by the laws and ordinances of said town. He shall receive for each interment such compensation as may be prescribed by the ordinances of said town and by the mayor and council. Sexton. Section 19. Be it further enacted that the mayor and Page 2942 council shall have authority to elect a town physician, whose duties shall be such as required by the ordinance of the said town, and by the direction of the mayor and council, and whose compensation shall be fixed by the laws and ordinances of the town and by the mayor and council. Physician. Section 20. Be it further enacted, That the said mayor and council shall have the power and authority to establish and put in operation a bond commission of said town. The duties, powers and compensation of said commission shall be such as fixed and prescribed by the ordinances and laws of said town. Said mayor and council shall have authority to enact all ordinances and rules and regulations and to prescribe penalties for violations of such ordinances, rules and regulations that may be necessary for the governing of such bond commission. Bond commission. Section 21. Be it further enacted, That at its first regular meeting, the mayor and councilmen shall elect one marshal who shall be ex-officio chief of police, and as many additional policemen as in the judgment of the said mayor and council may seem proper and necessary. Such officer or officers shall be elected until relieved by a majority vote of the mayor and council, with or without cause; shall be paid such compensation as may be prescribed by the laws and ordinances of said town; provided, further, that said above named officers shall in addition to such salaries as may be fixed and prescribed by the mayor and council, receive such fees and commissions as may be prescribed by the laws and ordinances of the said town, but shall not be in excess of legal fees as set out by the Code of Ga. and by the mayor and council. All of such officers shall take and subscribe such oaths as the mayor and council may prescribe and shall give bond with good and sufficient security to be approved by the mayor and council of said town in such amount as may be determined upon by the mayor and council for the faithful performance of their duties and to account for all monies that may come into their hands as such officers of the said town. Said officers shall perform Page 2943 such duties as required and provided for in this Act and as may be prescribed and required of them by the laws and ordinances of said town and by the mayor and council. The mayor and council of said town shall have the right at any time, without trial, to suspend or remove any of said officers for breach of duty, or failure to perform duty, insubordination, incapacity or for conduct unbecoming an officer or a gentleman, or for other good and sufficient cause or reason to be adjudged by the mayor and council. The mayor may at any time during a recess of council, suspend any of the said officers for any of the above named reasons for a period not to exceed ten days, without pay, and appoint a substitute therefor. Marshal. Section 22. Be it further enacted, That the mayor and council of said town shall be empowered to employ such additional police or detective force as a good government of said town may require. The compensation and duties of said force shall be fixed and determined by said mayor and council. Additional police. Section 23. That the mayor and council shall constitute the legislative and governing body of said town of Uvalda, and shall enact all ordinances and resolutions, and adopt all regulations with all the power and authority herein granted by this charter. Ordinances. Section 24. That the town of Uvalda shall have the power to enact and enforce all ordinances necessary to protect health, life, and property and to prevent and summarily abate and remove all nuisances and to preserve and enforce the good government, order and security of the town and its inhabitants; and to enact and enforce ordinances on any and all subjects, provided, that no ordinance shall be enacted inconsistent with the provisions of this charter or the general laws or constitution of the State of Georgia. Same. Section 25. That the mayor of the town shall be the presiding officer of the council, and cast the deciding vote in case of a tie. He shall appoint a mayor pro tem. Page 2944 from the members of council who shall in his absence have all the power vested in the mayor by this charter. The mayor shall call the council together when so requested, in writing, by a majority of the members thereof, or when it seems to him to be important to the welfare of the town. Mayor. The mayor shall sign all deeds and contracts made for or by the town which shall have been ordered or approved by the mayor and council duly assembled in their corporate capacity. The mayor and each member of council shall have all the powers of a justice of the peace to issue warrants, try and commit to the Superior Court of said county for trial all violators of the laws of this State for offenses committed within the corporate limits of said town. He shall preside over the Mayor's Court or Police Court, for the trial of offenders against the ordinances of said town. He shall have power to impose such fines as set out elsewhere in this charter. The mayor and council shall meet once each month at such time and place as fixed by them by resolution or ordinance. The mayor may call special meetings of the council at any time deemed advisable by him. Three members shall constitute a quorum. All meetings of the mayor and council shall be in public, except such executive sessions as may be provided for by ordinance. Any citizens shall have access to the minutes and records thereof at all reasonable times at the office of the town clerk. The mayor and council shall determine its own rules and order of business and shall keep minutes of the proceedings on a special minute book made for the purpose. The mayor shall have the veto power and may veto Page 2945 any ordinance 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 four (4) councilmen on a yea and nay vote, duly recorded on the minutes of the council, but unless he shall file in writing with the town clerk, his veto of any measure passed by that body with reasons which impel him to withhold his assent, within four days of its passage, the same shall become a law just as if approved and signed by the mayor. The mayor shall have the power and authority to remit or reduce the fines imposed in the police court of said town upon persons convicted therein for violating any of the laws or ordinances of said town and he shall also have the authority of parole on good conduct persons convicted in the police court of violating the laws and ordinances of said town under such rules and regulations as the mayor and council may by ordinance prescribe. All ordinances passed by mayor and council shall be recorded in a special Ordinance Book, which shall be referred to by the minutes by Page and Section. The ordinance on the ordinance book shall show the page of minute book and date of passage. Each proposed ordinance or resolution shall be introduced in written or printed form, shall not contain more than one subject matter, which shall be clearly stated in the title, but general appropriation ordinances may contain the various subjects and accounts for which monies are to be appropriated. That all ordinances shall be published by posting a copy of the same at three or more public places in the Town of Uvalda, and no ordinance shall become effective until five days after the date of such publication. Section 26. Be it further enacted, That there shall be and the same is hereby established in the Town of Uvalda a court to be known and designated as the police court Page 2946 of the Town of Uvalda. The jurisdiction of said court shall extend over all violations of the laws and ordinances of said town and all others of which municipalities are allowed jurisdiction under the laws of the State of Georgia, whenever said violation and offenses are committed within the corporate limits of the Town of Uvalda. The sessions of said court shall be held and presided over by the mayor, or the mayor pro tem., or by the town recorder, in the event the mayor and council shall see fit to create such office as hereinafter provided, at the town hall building in the Town of Uvalda, or at such other place in said town as the mayor and council may direct, daily, or at such times as in the judgment of the presiding officer of said court may be necessary. Said mayor or mayor pro tem., or the recorder, shall have the power and authority to try all offenses and violations against the laws and ordinances of said town, committed within the corporate limits thereof and upon conviction, to punish offenders by a fine not exceeding two hundred ($200.00) dollars, by imprisonment in the town jail or guardhouse, for any term not exceeding ninety days, or by compulsory work, not exceeding ninety days, on the streets of the Town of Uvalda, or on the chaingang of said town, or upon any of the public works of said town, as the presiding officer of said court may direct. Any or all of the above punishments may be inflicted in the discretion of the mayor or the mayor pro tem., or the recorder, as the case may be, presiding in said court, and such presiding or trial officer shall have the authority to impose any of the above punishments in the alternative. Whenever any person is convicted and sentenced to pay a fine and to work upon the streets of said town or other public works thereof, and fails or refuses to pay said fine, the collection thereof shall be enforced by execution, levy and sale in the same way and manner as the collection of taxes is enforced in said town. Police court. Section 27. Be it further enacted, That all trials in the police court of said town shall be had without written pleadings of any kind unless the defendant shall, Page 2947 upon the calling of the case, file a written demand with the town clerk that an accusation, in writing, shall be preferred against him in which event a written accusation, in form substantially as follows: Georgia, Montgomery County, Town of Uvalda.....In the police court of the Town of Uvalda: I,..... marshal (or policeman) of said town, in the name and behalf of the town of Uvalda, charge and accuse..... of the offense of.....contrary to the laws and ordinances of said town, the good order, peace and dignity thereof, shall be preferred against the defendant, signed by the officer making or prosecuting the case, and filed in said court, whereupon the defendant shall enter his plea thereon in writing and the issue thus formed the case shall proceed to trial and disposition. Same, accusations. Section 28. Be it further enacted, That the said police court and the presiding officer thereof shall have the power to punish for contempt against its lawful authority whether in its presence or otherwise, to issue summonses and subpoenas for witnesses and compel their attendance whether residents of the town or not; to issue subpoenas duces tecum for witnesses and the production of books and papers whether in the town or not, and compel their production; to compel the presence of witnesses by imprisonment if necessary and to take bonds to secure their attendance and to forfeit said bonds before said police court; to punish, as for contempt, failure to obey its legal summonses and orders; to grant continuances under rules of law; to take bonds and recognizances for persons charged with offenses against the laws and ordinances of said town for their appearance at its sessions from time to time, until the principal in said bond is tried for the offense charged, in such amount as may be deemed sufficient to compel their appearance; to forfeit all appearance bonds when the principal shall fail or refuse to appear at said court at the time and places specified therein, under such rules and regulations as the mayor and council of said town shall by ordinance prescribe, and the said police court shall have the power and authority to do so, generally, all other acts and Page 2948 things necessary for the proper enforcement of its authority. Said court shall have the power and authority to punish for contempt by any fine not exceeding twentyfive ($25.00) dollars, or by imprisonment in the town jail or guardhouse not exceeding ten days, either or both, in the discretion of the presiding officer of said court, provided, that a continuous failure or refusal by any person to obey the lawful orders and summonses of said court, such continuous failure or refusal shall be deemed a continuous contempt, and the said court may imprison such person until its lawful orders are obeyed. Same, contempt, subpoenas, bonds, etc. Section 29. Be it further enacted, that the marshal or any policeman of said town shall release any person arrested for a violation of the laws and ordinances of said town, upon said person giving a bond with good and sufficient security to be approved by the marshal or other arresting officer, town clerk or recorder of said town, payable to the mayor of said Town of Uvalda, in amount fixed by the said marshal or other arresting officer, the town clerk or the recorder of said town, for the personal appearance of such persons before the police court of said town at the time and place therein specified, to answer the charges against him, and from time until the principal in such bond is tried and the case disposed of, and not to depart from thence except by leave of the court. Except when the offender is violent, in which case the arresting officer may refuse bail. And in the event such principal fails to appear before said court as stipulated in said bond, said bond shall be forfeited in said court and the presiding officer thereof shall have the power and authority to order the principal in said bond rearrested and placed in the town jail or guardhouse until such case shall be tried and disposed of, or to admit the defendant to bail, as he may deem proper. Bonds. Section 30. That any person convicted in the police court in the Town of Uvalda for the violation of any of the laws and ordinances of said town shall have the right to certiorari to the Superior Court of Montgomery Page 2949 County; provided, all costs are first paid to the town clerk, who shall, upon payment thereof, certify in writing that the same has been paid and bond and security given in double the amount of the fine imposed, to personally appear, stand to and abide by the final judgment in said case, and if no fine is imposed and the defendant is sentenced to work on the street or other public works in said town, then a like bond shall be given, the amount of which to be fixed by the presiding officer of said court. All bonds given in certiorari cases to be approved by the presiding officer in said court. Provided, further, that nothing in this section shall prevent the defendant if he desires to certiorari his case, to file the usual affidavit in forma pauperis in lieu of giving bond and security and the payment of the cost, and upon such affidavit being made or the above stated bond given, the same shall act as a supercedeas of said judgment until the final judgment is rendered in said case. All certiorari shall be governed under the same rules and regulations, except as otherwise provided herein, as provided by law for the carrying of cases by certiorari from the Court of Ordinary to the Superior Court. Certiorari. Section 31. When any arrest is made by the marshal of said town or any policeman 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 herein 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 town to arrest without warrant any person or persons within the corporate limits of said town who at the time of said arrest is violating any ordinance of said town, or who is suspected of having violated any ordinance of said town, 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 town prison or in the jail of Montgomery County, for a reasonable length of time. The Page 2950 marshal or policemen of said town 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 town, if deputized, are also authorized to make arrests anywhere within the limits of Montgomery County of any person charged with violating any of the ordinances of the Town of Uvalda. Arrests, bonds. Section 32. Be it further enacted, That the mayor, the mayor pro tem., or the recorder of said town presiding in the police court of said town, shall have, in addition to the jurisdiction hereinbefore conferred, criminal jurisdiction of a justice of the peace, within the corporate limits of the Town of Uvalda, and when it shall appear upon the trial of any case in the police court of said town, that any offense against the laws of the State has been committed within the limits of said town, it shall be the duty of the mayor, mayor pro tem., or the recorder of said town, as the case may be, presiding in said court, to make a thorough investigation into the facts and to commit the offender or offenders to jail or to bail to answer to the court having jurisdiction of the offense if the offense is bailable. Police court, jurisdiction. Section 33. Be it further enacted that the mayor and council of the Town of Uvalda shall have the power and authority to authorize by ordinance the marshal or any policeman of said town to summons any and all bystanders to aid in the arrest of any person or persons violating any ordinance of said town or any law of this State, and to provide a punishment for any person or persons failing or refusing to obey such summons. Aid for marshal. Section 34. Be it further enacted that the said mayor and council may by ordinance, declare what shall be a nuisance in said town, and by ordinance provide for the abatement of same. The police court of Uvalda shall have concurrent jurisdiction with the mayor and council of said town in respect to the trial and abatement of all nuisances in said town. Nuisances. Page 2951 Section 35. Be it further enacted that the mayor and council of said town shall have the power and authority to prevent horses, mules, cattle, hogs, sheep, goats, dogs, chickens and all other animals from running at large in said town; to prevent and prohibit the keeping of hogs within the town limits, or to regulate the manner in which they must be kept, if allowed kept; to limit the number of hogs to be kept by persons in said town if allowed kept therein, and shall have full power and authority to take up and impound any of such animals and punish all owners of any of such animals who shall fail or refuse to obey such ordinances as may be adopted by the mayor and council of said town to carry out and effectuate this authority. The mayor and council shall also have the authority to levy and collect such tax as they may deem proper upon dogs kept within the limits of said town; to provide for the registration thereof, and to prescribe such ordinances respecting the keeping of dogs as may be deemed proper, and to prescribe punishment for violation of said ordinances. Livestock. Section 36. Be it further enacted that the mayor and council shall have authority to establish a pound for the impounding of any of the above mentioned animals, and to change the same whenever they see proper; to fix a schedule of charges and penalties to be paid by the owners of such impounded animals before they are released from said pound; to regulate the mode or manner of sale or disposition of impounded animals where no owner appears, or when payment of the impounded fees charged, penalties, or costs is refused; to provide for the disposition of the proceeds of the sale of impounding animals, and to provide for the punishment of all persons, who, without authority shall break or enter the pound. Same, impounding animals. Section 37. Be it further enacted that the said mayor and council shall have the authority to establish and put in operation a board of health of said town. The duties, powers and compensation of said board, and the number of members that shall comprise the same shall be such as Page 2952 are fixed and prescribed by the ordinance and the laws of said town. Said mayor and council shall have authority to enact all ordinances and regulations prescribing penalties for the violation of such laws and ordinances that may be necessary for the purpose of maintaining such board of health. Board of health. Section 38. Be it further enacted that said mayor and council shall have the power and authority to enact and enforce ordinances to prevent the spread of any infectious or contagious diseases; to compel the vaccination of all persons within the limits of said town, whether residents or sojourners; also, to isolate any person or persons in said town afflicted with any contagious or infectious disease by confining such person or persons within the limits of the premises provided by the mayor and council, either within or without the corporate limits of the said town for the purposes; to isolate any person or persons who have been exposed to any infectious or contagious disease, during the usual period of incubation of such diseases, by confining such person or persons during such period, within the premises provided by the mayor and council, within or without the corporate limits of said town. The mayor and council shall also have the power and authority to establish, declare and maintain quarantine regulations against all contagious or infectious diseases and to punish violators of any quarantine regulations of the town. They shall have power to build, establish and maintain pest houses either within or without the corporate limits of the town, and for this purpose receive real estate, either within or without the town limits. They shall have the power to provide vaccination points and to employ physicians at the expense of the town to vaccinate all persons who are unable to procure vaccination, and may provide by ordinance punishment for persons failing or refusing to be vaccinated to prescribe punishment for all persons violating any ordinance, rules and regulations enacted by said mayor and council for the prevention of disease and for the promotion of the health of said town. Diseases. Page 2953 Section 39. Be it further enacted that said mayor and council may enact any and all ordinances, rules and regulations necessary to lay out and prescribe a fire district in said town, and to enlarge, change or modify its limits from time to time; to prescribe when, how and of what material buildings may be erected, repaired or covered, how thick the walls must be, how the chimneys, stove 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 town as far as possible from dangers 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 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 premises pay the expenses of such change 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 town, said mayor and council may order such person, firm or corporation to remove or alter such building and if they shall not remove or alter such buildings after notice to do so is given 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 as taxes are collected. Fire district, fire prevention. Section 40. Be it further enacted, that the mayor and council of said town shall have the absolute, full and complete control and supervision of the streets, sidewalks, alleys, lanes, parks and squares of said town, and shall have full power and authority to open, layout, widen, straighten, grade or otherwise change the street, sidewalks, alleys, lanes, parks, and squares of said town, and shall have the power to lay off, grade, vacate, close up, curb and pave the roads, streets, bridges, alleys, Page 2954 sidewalks, cross drains, cross walks, drains and gutters or any of them for public use or the use of laying wires or lines, or sewer pipes, throughout the streets, squares, lanes, alleys, and parks of said town upon such terms and conditions as the mayor and council may by ordinance provide. And the mayor and council of said town shall have full power and authority to condemn property for the purpose of laying out and opening new streets, sidewalks, alleys, squares and parks in said town, and for the purpose of widening, straightening, grading or in any way changing the streets, lanes and sidewalks of said town. Wherever the said 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 a trustee, executor, administrator, guardian or agent, under the same terms and conditions as provided for in the general laws of this State with reference to the condemnation of private property for public use as contained in Chapter 36-3 of the Code of Georgia of 1933. The mayor and council of said town shall have full power and authority to remove or cause to be removed any building, steps, fences, gates, posts or other obstructions, or nuisances of any kind in the public streets, alleys, lanes, sidewalks, parks or squares of said town, and to enforce the provisions of this section by the enactment of appropriate ordinances. Streets, sidewalks, etc. Section 41. Be it further enacted that the mayor and council of said town shall have full power and authority to pass all laws and ordinances necessary for the drainage and proper maintenance and care of the streets, alleys, sidewalks and other public places of said town; to provide for the paving, grading, macadamizing, curbing, or otherwise improving, for travel or drainage, the same or any part thereof; or to regrade, repave, recurb, remacadamize, or repair in any way the pavement, curbing, grade, or drainage of the same, whenever in the judgment of the said mayor and council, the same becomes necessary or advisable, and the said mayor and Page 2955 council shall have the right and authority to provide, by ordinance, how said paving, grading, macadamizing or repairing maintenance and care of the same shall be paid, whether by the town or whether by the adjacent land owners or by both. Same. Section 42. Be it further enacted, that the mayor and council of said town shall have full power and authority by ordinance to regulate and prescribe the speed of railroad trains running within the limits of the said town, to require all railroad companies to station watchmen at street crossings; to require all trains running across or in and along any street, to be preceded by a flagman, to make it a penal offense for any railroad company, its agents or employees to block or obstruct any street crossing, with railroad trains, cars or engines any longer than is necessary for said trains, cars or engines to pass over said crossings; to prohibit more than one train from crossing or running parallel with another train at the same time across a street crossing; and to regulate in any other way the running or operation of railway trains within the town limits, as it may deem necessary to protect and safeguard the public and to provide a penalty for the violation of any of the provisions of this section. Railroads. Section 43. Be it further enacted that the mayor and council of said town shall have the power and authority to establish, own, maintain, equip, repair, extend, enlarge, and in any way improve system or systems of water works, sewerage, electric lights, and any other necessary or convenient public works, in the town of Uvalda, for the purpose of supplying its inhabitants and the town and consumers generally with water, sewerage and electric lights, or any of them, and the said mayor and council shall have the power to do any and all things necessary for such purposes, to contract with any person or persons, firms or corporations, for the purchase of land or premises to be used in connection therewith, whether within or without the town, and to contract for the purchase of easement over lands and premises to be used in connection therewith whether the lands and Page 2956 premises over which easements are desired are within or without the limits of said town, and if necessary for any or all of such purposes to condemn the same as hereinafter provided for; said mayor and council in the name of the town shall have full power and authority to make purchase of plants, machinery and any and all articles and things that may be necessary or advisable for the proper equipment of said plants or either of them, and for the purpose of properly repairing and maintaining the same, or for the purpose of extending, enlarging, or in any way improving said plants or either of them; to build and erect houses, bore wells, build, shape and to furnish the same with machinery, tools and equipment that may be necessary or expedient in the care and maintenance of said plants, and to generally have the power and authority to do any and all things necessary or expedient to the up-keep, care, maintenance and improvement of said plants, or in the extension or enlargement thereof. The right to repair and keep up said plants, or either of them, and to purchase such articles and things for such purposes, may be exercised by the mayor and council. Said mayor and council, in the name of the town shall have the right and authority to make contracts with the inhabitants of said town, and to consumers generally, whether residents of said town or residents without the limits thereof, for the furnishing of water, electric lights, electric power, sewerage or any of them, at such rates and under such rules and regulations as the mayor and council may provide. Public utilities. Section 44. Be it further enacted that the mayor and council shall have power and authority to fix all electric current rates, water rates, and any and all charges made for any public service owned and operated for and by said Town of Uvalda, said mayor and council shall also have the power and authority to provide for the method of enforcing payment of such rates. Same, rates. Section 45. Be it further enacted, that the said mayor and council shall also have full power and authority to grant franchises over its streets, and other public property Page 2957 to any persons, firms or corporations for the furnishing of water, electric lights, electric power, sewerage, or any of them, to the town and its inhabitants and to make such contracts with such persons, firms, corporations for water, electric lights, electric power, sewerage or any of them, as the mayor and council may deem proper; provided, that the town shall not be bound by any such contract for a longer period than one year from the making thereof, unless said contract shall have first been approved by a majority vote of the qualified voters of said town at an election to be held for such purpose, of which at least four weeks notice shall be given in a newspaper in said town or by posting notices at three or more public places by the mayor and council, which notice shall contain a substantial statement of the proposed contract, as well as the time and place of the election, and said election shall be governed by the laws of said town, applicable to the regular election of the mayor and councilmen, and, provided further that no such franchise shall be granted for a period longer than twenty years from the date of granting same. The mayor and council of the Town of Uvalda are hereby authorized and empowered to enact all laws, ordinances, rules and regulations necessary to carry out and effectuate this section. Franchises. Section 46. Be it further enacted, that the mayor and council, in the name of the town, shall have full power and authority to contract for or to condemn any lands or premises within or without the Town of Uvalda, for the purposes of establishing and maintaining telephone systems, water work systems and sewerage systems, drainage systems or any of them for said town, or for the purpose of maintaining, extending, enlarging or improving any telephone systems, water works and sewerage systems, or drainage systems of said town, or any of them; and for either or all of said purposes, provided, however, that whenever the right to condemn lands and premises herein granted be exercised, all proceedings in respect thereto shall be under the same terms and conditions as provided for in the general laws of this Page 2958 State, with reference to the condemnation of private property for public use as contained in the present annotated Code of Georgia in Chapters 36-1 and 36-2 and 36-3 and all the following chapters of the present Code of Georgia and all supplements thereto pertaining to eminent domain and condemnation of private property for public use, and as provided by all Acts amendatory thereof. Eminent domain. Section 47. The Town of Uvalda may, and is hereby authorized to issue its bonds for the payment of its debts and for payment of the cost of public improvements, including the erecting, and acquiring of any public buildings, and the establishing, erecting, equipping and maintaining of any water system, sewerage system and lighting plant or system, that may be needed in said town, under the provisions of the general law of Georgia now existing for the issuance of bonds by municipalities. Bonds. Section 48. Any election held under the provisions of the next 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 Bondsor Against Bonds. All persons entitled to vote for mayor and council of said town 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 town 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 town in the judgment of the town council and mayor. If the requisite majority of votes be cast in favor of the Page 2959 issuance of bonds, the mayor and council shall proceed to issue the same in manner and form usual to municipal bonds, the principal 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 Town of Uvalda and shall constitute an inviolable contract between said town and the holders of said bonds. All other matters and particulars concerning said bonds, the issuance, contents and sale thereof, shall be determined by the mayor and council in conformity with the law of Georgia 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 used only for the purposes for which said bonds were issued. All bonds issued by said town shall have attached to them the corporate seal of said town. Bond elections. Section 49. The mayor and council of the Town of Uvalda 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. Powers of governing authority. Section 50. That the Town of Uvalda shall have the right and power to issue Revenue Anticipation Certificates, when necessary and convenient for the purpose of financing the cost of any public improvement, system, or utility, all as provided and set out in Chapter 87-8 of the present Code of Georgia, and Acts amendatory thereof, known as the Revenue Certificate Law of 1937. Section 51. Be it further enacted, that said mayor and council shall full power and authority to require any person, firm or corporation, whether a resident or nonresident of the Town of Uvalda, engaged in or carrying on or who may engage in or carry on any trade, business Page 2960 vocation or profession within the corporate limits of said town, either by themselves or by their agent or agents, to register their names and business, calling, vocation or professions, annually, and to require such person, or firm, or corporation to pay for such registration and for license to prosecute, carry on or engage in such business, calling or profession such amount as the mayor and council may by ordinance provide. Business licenses. Section 51. 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 Town of Uvalda without having first procured such license and complied with all other requirements of said Town of Uvalda, relating thereto, shall be guilty of a violation of the town ordinance provided for such license or tax, and upon conviction thereof in the police court of said town, shall be punished as provided in this Act. Prosecution under this section shall not be a bar to the issuance by said town 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. Same. Section 52. 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 Page 2961 inhabitants of the Town of Uvalda. In such case the 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 town, revoking any such license, shall be final. Same, revocation. Section 53. The mayor and council shall have power to protect all places of divine worship and cemeteries in said town, to provide places for the burial of the dead, either within or without the town limits, to regulate interment therein, and to expend annually a sufficient sum for keeping cemeteries in proper condition. Cemeteries. Section 54. The mayor and council of said town are authorized to establish a town park or playground in said town for the purpose of improving the health and pleasure of the citizens, and visitors of said town. 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. Section 55. 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. Abatement of nuisances. Section 56. (a) All persons owning property, both real and personal, within the town limits of the Town Page 2962 of Uvalda shall be subject to pay an ad valorem tax thereon not to exceed six mills for ordinary current expenses, to said town, and the lien for said tax shall attach as of January first in each year. The taxable property within the limits of said town shall have a value for taxation placed thereon by a board of tax assessors, not less than three, who are citizens and residents of said town, and who are qualified voters. The taxable value 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 town 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 property shall be liable for double taxes upon such returned property. Ad valorem taxes, tax 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 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 nonresident taxpayers of the Town of Uvalda, 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. (c) The board of tax assessors of the Town of Uvalda 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 Page 2963 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 town 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 town 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 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 Town of Uvalda. The tax assessor shall receive reasonable compensation to be set by the mayor and council upon recommendation by the town Council. Section 57. 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 town 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 town, 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 tax. Section 58. Any person dissatisfied with the assessment Page 2964 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 town 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, 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 Montgomery County, as provided by general law. Appeals. Section 59. 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 town clerk or manager, as town tax collector, and may be served and tax sales made thereunder by the marshal or by the sheriff of Montgomery County or his legal deputies. Property not returned for taxes. Section 60. The clerk of council of the Town of Uvalda shall be ex-officio tax receiver, and shall at all times have and keep in his office, wherever it may be, sufficient forms for the use of inhabitants and property owners in making returns of their property for the purpose of taxation. All persons residing within the corporate limits of said town, and owning property therein, shall make formal returns of their property on such forms, each year by not later than the first day of April. Upon failure to make such returns by any property owner, may be subjected to double tax on their property, and Page 2965 to such other penalty for failure to make such returns as may be provided by the mayor and council by resolution or ordinance. Tax returns Section 61. 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 shall have power to convene the town 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 as provided by resolution or ordinance. Town council meetings. Section 62. The salaries of compensation, each councilmen, clerk of council, marshal, policeman, town attorney, recorder and other officers and employees of the Town of Uvalda shall be fixed and prescribed by resolution and ordinance adopted and passed by the mayor and council. Salaries. Section 63. Be it further enacted that the mayor and council of said town shall have power and authority to provide by ordinance when the taxes of said town shall fall due, in what length of time said taxes shall be paid, when tax executions shall issue against defaulters, and to fix a penalty for the non-payment of taxes when due. Tax executions, etc. Section 64. Be it further enacted by the authority aforesaid, that executions for any and all taxes or licenses or demands of any sort due the town or its corporate authorities by any person, firm or corporation, or against any property subject thereto, shall be issued by the clerk of said town, signed by him, bear test in the name of the mayor, and be directed to the marshal of said town and his deputies and to all and singular sheriffs, deputy sheriffs, and constables of this State commanding them that of any property belonging to the defendant against whom said execution is issued, or of certain property described in the execution with all costs. The mayor and council shall, by ordinance, provide for the time and Page 2966 place of and the method of conducting and all regulations, governing the marshal's sales under said executions. The marshal of the said town or any sheriff or deputy sheriff of this State shall proceed to levy and collect such tax execution issued by the clerk of said town, and shall proceed to levy upon and sell such property as may be levied upon at public outcry at the town hall, after giving notice of such sale by publication of the same in the Montgomery Monitor, a newspaper published in the County of Montgomery, in the town of Mt. Vernon, once a week for four weeks, immediately preceding the sale, and by posting notice of such sale at three or more public places in the Town of Uvalda for four weeks immediately preceding such sale. In the event of sale of property for the payment of such taxes or licenses, a deed shall be made and executed by the marshal making the sale conveying the property sold to the purchaser at such sale. Provided, however, the owner of such property, the defendant in such tax execution, shall have the right to redeem the property so sold at any time within two years after the sale, or within the time provided for redemption by the laws of the State of Georgia, or by ordinance of the mayor and council of the Town of Uvalda; provided further that the said mayor and council shall not have the authority to provide a time limit of less than two years for redeeming such property so sold. Same. Section 65. Be it further enacted that the mayor and council of said town shall have the power and authority to control and regulate the running of bicycles, automobiles, motorcycles and any and all other kinds of high speed vehicles in said town, whether said vehicles are propelled by hand, foot, steam, electricity, or other motive power, to prescribe the rate of speed at which same may be run and the manner in which the same may be run and the manner in which the same may be run; the qualifications of the drivers, chaffeurs or operators of said vehicles; to provide for the registration of said machines, and to do any, all and every act and thing necessary or incident to the safety of the same and of the Page 2967 public. The mayor and council of said town shall have the authority to effectuate the provisions of this section by ordinance and to provide penalties for the violation thereof. Traffic. Section 66. Be it further enacted that the mayor and council of said town shall have the right and authority, by ordinance, to prohibit idling, loitering and loafing on the streets, alleys, lanes, squares and side walks of said town, or upon any of them, and to prohibit the idling, loitering and loafing in any of the public buildings in said town, and to prescribe penalties for the violation thereof. Loitering. Section 67. Be it further enacted that the mayor and council of said town shall have full power and authority to compel any resident or non-resident or property owner owning lands located upon any of the streets of said town over which the water and sewerage system may hereafter extend, upon which lands houses are erected, or may be erected and occupied, either by the owner or by tenants, to connect the same with the water and/or sewerage systems hereafter laid by said town, and to compel said property owners or others owning controlling or using such buildings, to pay the expense of said connections when done by the town (which authority is hereby granted in the event such owner or other persons fails or refuses to cause such connections to be made, within such reasonable time as the mayor and council may direct), in the same manner and under the same rules and regulations that the collections of taxes are enforced. The mayor and council of said town shall have the authority to require all surface wells, dry well, or other places to be filled in at the expense of the owner, and should the owner fail or refuse to fill the same within a reasonable time as the mayor and council may direct, the same shall be done by the town, and the expense thereof shall be collected from the owner in the same manner as taxes are collected. The mayor and council are hereby authorized and empowered to enact such ordinances as may be necessary to fully effectuate the provisions of this section. Sanitation. Page 2968 Section 68. Be it further enacted that the mayor and council of said town shall have full power and authority to regulate the buildings or the repairing of any buildings within the corporate limits of said town or the removal thereof; to require persons desiring to build, repair or remove buildings in said town to first obtain a permit from the mayor and council or from such officer as may be authorized to grant the same before erecting, repairing or removing same; to refuse to allow buildings to be erected, repaired, or removed in said town when satisfied that said buildings or addition thereto, or repairing thereof, or the removal of same, will be manifestly against the best interests of the town or will endanger the safety or health of the citizens or likely to become a nuisance and offensive to the property owners, or residents of said town; to require application for permits to be made and to prescribe how they shall be made, what they shall contain, and with whom filed; to provide for the removal, at the expense of the owners or builders of any houses erected, repaired or removed in violation of such rules and regulations as may be prescribed by such mayor and council for the building, repairing or removing houses in said town; and the mayor and council of said town are hereby authorized and empowered to enact all ordinances to carry out and effectuate the provisions of this section, and to provide a penalty for the violation of such ordinances. Building regulations. Section 69. Be it further enacted that the said mayor and council shall have the power and authority to grant franchises, permits, easements, and rights-of-way in, on, under and over the streets, alleys, lanes, squares, sidewalks, parks, and other property of said town, upon such terms, conditions, reservations, restrictions and limitations as the mayor and council may fix and prescribe; provided, however, that the same shall not be granted for a period longer than twenty years, nor without compensation to the town; and, provided further, that the same or any of them shall be subject to taxation by said town. The mayor and council shall also have the right and power to pass such ordinances as may be necessary Page 2969 to carry out and effectuate the provisions of this section and to prescribe penalties for the violation of said ordinances. Easements. Section 70. Be it further enacted that the mayor and council shall have the power and authority by ordinance to prescribe the method of making application for any such franchise, easement, permit and rights-of-way; what said application shall contain; to provide for notice of such application to be published; to provide when such franchise, permit, easement, or right-of-way, if granted, shall become operative, and generally to prescribe such rules and regulations in respect to applications for same, the filing, publication of notice, and the granting of same as the mayor and council may deem necessary or advisable. Same. Section 71. Be it further enacted that said town shall have exclusive control over all town parks, and playgrounds, and to control, regulate and remove all obstructions and prevent all encroachments thereupon; and to provide for raising, grading, filling, terracing, landscape gardening, erecting, buildings, providing amusements therein, for establishing walks and paving driveways around, in and through said parks, playgrounds and other public grounds. Parks. Section 72. Be it further enacted that the mayor and council shall have full power and authority to provide for the working of the convicts from the police court upon the streets and other public places and works of said town; to establish, equip, and maintain a town chaingang and prescribe rules and regulations for the proper management of same; to maintain, establish and equip a town jail or guardhouse in said town for the safe keeping of prisoners, convicts, and persons charged with violating the laws and ordinances of said town and to provide for the feeding of such prisoners; the mayor and council shall have the authority to enact such ordinances necessary to carry out the provisions of this section. Public works. Page 2970 Section 73. Be it further enacted that said mayor and council shall have the power and authority, by ordinance, to create and establish a fire department in said town; to provide for and pay for equipment thereof; to purchase any necessary apparatus and make any needful rules and regulations for its proper maintenance. Fire department. Section 74. Be it further enacted that the marshal and policemen of said town shall have the right and authority to arrest without warrant, any person idling, loitering or loafing upon the streets, sidewalks, alleys, lanes, parks or squares of said town, or in any public building in said town and to imprison such person or persons in the town jail or guard house or to admit them to bail for appearance for trial for such offense before the police court; said marshal and policemen are also empowered and authorized to arrest without warrant and detain for a reasonable length of time, any person who may be acting suspiciously in said town, or whom said officers may suspect of having evil design against some person or property in said town or the laws and ordinances thereof; also to arrest and detain without warrant, any person who may be an escaped convict of the State or any municipality thereof; or who may have escaped arrest from the county or State authorities or from any municipality thereof, for any offense committed therein; and the said officers may arrest without warrant in all cases, where authority is given to arresting officers of this State by the laws of Georgia, for making arrests without a warrant. Police power. Section 75. Be it further enacted that nothing in this Act shall affect the present officers of the Town of Uvalda, or their fees or salaries, or the licenses and special taxes on the tax rate fixed by the ordinances of said town for the year 1957. Present officers not affected by Act. Section 76. Be it further enacted that authority to carry out and effectuate by ordinance each and every power granted to the Town of Uvalda in this Act is hereby expressly conferred on the mayor and council of said Page 2971 town; and said mayor and council shall have generally the power and authority to make and pass such rules, by-laws and ordinances as shall appear to them necessary or requisite for preserving or promoting the peace, dignity, safety, health, good order and welfare of said Town of Uvalda. Ordinances. Section 77. Be it further enacted that the mayor and council of said town shall have the right to elect such other municipal officers besides those herein specified, as to them seem necessary and proper therefor when necessary, by ordinance and in the same manner prescribing their duties and compensation and fixing their compensation. Other municipal officers. Section 78. Be it further enacted that the Town of Uvalda as created by this Act, shall succeed to all the rights, privileges, and remedies of, and is hereby made responsible as a body corporate for all the legal debts, liabilities and undertakings of the present Town of Uvalda, and its former governing authorities as heretofore incorporated. Successor to present town of Uvalda. Section 79. Be it further enacted that all deeds, contracts and other written instruments shall be signed by the mayor of said town, in the name of the same town, and attested by the clerk of council. Contracts. Section 80. Be it further enacted, that in addition to, or cumulative of all authority or power heretofore delegated in this charter, the Town of Uvalda shall have power: Powers. (a) To acquire property, within or without the town, in fee simple or lesser interest or estate, by purchase, gift, devise, appropriation, lease or leases with privilege to purchase for any municipal purpose, and may sell, lease, hold, manage and control such property as specified and provided for; (b) To furnish all local public services, as herein specified and provided for; Page 2972 (c) To grant local public utility franchises and regulate the exercise thereof; (d) To assess, levy and collect taxes for general and special purposes, including the purpose of paying the principal and interest of any bonds that may be issued by said town, on all subjects or objects which the town may lawfully tax; (e) To borrow money on the faith and credit of the town by the issue and sale of bonds or notes of the town; (f) To appropriate the money of the town for all lawful purposes; (g) To create, provide for, construct, regulate and maintain all things in the nature of public works and improvements; (h) To levy and collect assessments for local improvements on property benefited thereby; (i) To license and regulate persons, corporations and associations engaged in any business, occupation, profession or trade; (j) To define, prohibit, abate, suppress and prevent within the town, and for a distance of five thousand (5,000) feet outside its limits, all nuisances and causes thereof and all things detrimental to the health, morals, safety, convenience and welfare of its inhabitants; (k) To make all needful regulations applicable within and without the town, for securing and preserving the purity of its water supply; (l) To do all things necessary or desirable to secure and promote the public health; (m) To provide for such inspection service within and without the town as may be necessary to insure the purity Page 2973 and wholesomeness of food products sold within the town; (n) To regulate the construction, reconstruction, material, location, height, maintenance and occupancy of buildings; (o) To regulate and control the use, for whatever purpose, of the streets and other public places of the town; (p) To create, establish, organize and abolish departments and offices, and fix the salaries and compensation of all officers and employees; (q) To make and enforce local police, sanitary and other similar regulations; (r) To pass such ordinances as may be expedient for maintaining and promoting the peace, safety good government and welfare of the town and its inhabitants and for the performance of the functions thereof; (s) To exercise, in addition to the powers enumerated in all previous sections of this charter, all powers that now are, or hereafter may be, granted to municipalities by the Constitution or laws of the State of Georgia; and all the powers of the town, whether expressed or implied, shall be exercised and enforced in the manner prescribed in this charter, or when not so prescribed, then in such manner as may be provided by ordinance or resolution of the council. Section 81. Be it further enacted that said town acting by and through its officers, shall not be limited in its power and authority to the enumeration of powers hereinbefore set out, but in addition to the powers enumerated herein implied thereby, or appropriated to the exercise thereof, the said town shall have and may exercise all other powers which under the Constitution of Georgia, it would be competent for this charter specifically Page 2974 to enumerate, it being the intention hereof that the powers of the Town of Uvalda shall extend to all matters and things of local and municipal government. Powers cumulative. Section 82. Be it further enacted that all ordinances and resolutions in force at the time of the taking effect of this charter not inconsistent with its provisions, shall continue in force until amended or repealed. Same. Section 83. Be it further enacted that all laws and parts of laws in conflict with this Act be and are hereby repealed. Section 84. That attached hereto and made a part hereof as required by the Constitution of the State of Georgia, now of force, is the affidavit of the author of this bill, Joe C. Underwood, of Montgomery County, Georgia, to the effect that the notice of intention to apply for local legislation, copy of which is attached to said affidavit, was published in the Montgomery Monitor, the newspaper in which are published the sheriff's advertisements for Montgomery County, Georgia, in which county the Town of Uvalda is located, in the issuance of said newspaper of December 6th. and 13th. and 20th. and 27th., 1956. Notice of Proposed Legislation. Georgia, Montgomery County. 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 General Assembly of Georgia for the passage of the following bill: An Act to create a new charter for the Town of Uvalda, in the County of Montgomery; to consolidate and declare the rights and powers of said municipal corporation; to provide for the construction, ownership, operation regulation and control of water, light, sewer systems, Page 2975 and other necessary and convenient public utilities; and to provide for the payment of cost of the same by the issuance of bonds, revenue certificates, and other forms of securities provided by law; to repeal all conflicting laws, and to consolidate and supersede all prior Acts or orders of incorporation and amendments, including the Act of the General Assembly of Georgia providing for the incorporation of the Town of Uvalda, approved July 22, 1910, (Ga. L. 1910, pp. 1224 to 1231), and for other purposes. This the 6th. day of December, 1956. M. M. Gray Mayor of the Town of Uvalda Joe C. Underwood Member of the General Assembly of Georgia from Montgomery County, Georgia. State of Georgia, County of Fulton: Personally appeared before the undersigned, an officer authorized to administer oaths under the laws of Georgia, Joe C. Underwood, who having been first duly sworn on oath deposes and says that he is the duly elected and qualified representative of Montgomery County, Georgia, in which said county the Town of Uvalda is located, in the General Assembly of Georgia; and that he is the author of the foregoing bill to create a new charter for the Town of Uvalda, in said County of Montgomery; and that the notice of intention to apply for such local legislation, copy of which is attached to this affidavit, and being the page next preceding this affidavit, was published in the Montgomery Monitor, a newspaper in which the sheriff's advertisements for Montgomery County, Georgia are published (that being the county in which lies the Town of Uvalda), in the issues of said newspaper of December 6th. and 13th. and 20th. and 27th., 1956; and that this affidavit is made by the undersigned as required by Article III, Section Page 2976 VII, Paragraph XV, of the Constitution of the State of Georgia, ratified August 7, 1945. /s/ Joe C. Underwood Sworn to and subscribed before me this 30 day of January, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 13, 1957. CITY OF JONESBORO CHARTER AMENDED. No. 359 (House Bill No. 599). An Act to amend an Act incorporating the City of Jonesboro in the County of Clayton, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, particularly by an Act approved February 25, 1937 (Ga. L. 1937, p. 1972), so as to change the time of registration; 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 Jonesboro in the County of Clayton, approved August 18, 1919 (Ga. L. 1919, p. 1067), as amended, particularly by an Act approved February 25, 1937 (Ga. L. 1937, p. 1972) is hereby amended by striking therefrom section 11 in its entirety and substituting in lieu thereof a new section 11, to read: Section 11. It shall be the duty of the city clerk upon the first day of January of each year to open a registration book to be kept in the council chambers for the proper registration of persons desiring to register Page 2977 and qualify as a voter in any election held in the City of Jonesboro. Said book shall be kept open during office hours each and every day (Sundays and legal holidays excepted) until and through the 30th day of November in each year following when it shall be finally and absolutely closed. Persons registering their names in said book as provided in this section shall be entitled to vote in all city elections occurring subsequent to said registration provided such persons continue to possess the qualifications upon which they registered. Registration of voters. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. Georgia, Clayton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Troy, who, on oath, deposes and says that he is editor of The Forest Park Free Press and Clayton County News and Farmer, and that the attached copy of notice of intention to introduce local legislation was published in said newspapers, which is the official organ of Clayton County. /s/ Jack Troy Editor, Forest Park Free Press and Clayton County News and Farmer. Sworn to and subscribed before me this 15 day of Feb, 1957. /s/ William J. Lee. Approved March 13, 1957. Page 2978 VITAL STATISTICS ACT AMENDED AS TO CERTAIN COUNTIES. No. 360 (House Bill No. 514). An Act to amend an Act approved March 8, 1945, (Ga. L. 1945, p. 236) entitled An Act to provide a complete and comprehensive Vital Statistics Law for Georgia; providing the powers and duties of the State Board of Health and Division of Vital Statistics; to authorize the Director to appoint registrars and deputies; to provide their duties; to provide compulsory registration of births; to provide for the issuance of birth certificates; to require registration of foundlings; to require registration of deaths and stillbirths; to make certain medical reports and other information confidential; to make certificates filed under the provisions of this Act prima facie evidence of the facts stated therein; to authorize the issuance of certified copies of birth certificates under stated conditions, and to provide for the payment of fees for such certificates; to require certain persons to make records; to require granting of permit for removal, burial, or other disposition of dead body; to require a copy of each birth, death, or stillbirth certificate to be forwarded monthly to the county custodian of vital statistics records; to provide compensation for local registrars; to provide for disposition of fees received by the Department under this Act; to provide for the registration of marriage, together with a registration fee; to provide for registration of divorce and annulment of marriage, together with the registration fee; to provide penalties for the violation of this Act; to authorize reasonable rules and regulations to be promulgated; to repeal Chapter 88-11 and 88-12 of the Code of Georgia entitled `Vital Statistics' in its entirety, together with an amendment entitled `Adopted ChildrenBirth Certificates' approved March 20, 1943 (Ga. L. 1943, pp. 420-421). It is not the purpose to revive Section 14, subsection 2 of Georgia Laws 1941, pages 300 et seq., but the same is expressly repealed as Page 2979 set forth in the latter amendment; to repeal all conflicting laws; and for other purposes as subsequently amended by an Act approved February 19, 1953, (Ga. L. 1953, p. 140), which amendatory Act is entitled An Act to amend an Act providing a complete and comprehensive vital statistics law for Georgia, approved March 8, 1945 (Ga. L. 1945, p. 236), as amended, so as to provide for the definition of certain terms used in said Act; to provide for local registrars; to provide for the method and form for reporting adoptions; to provide for birth certificates for illegitimate children; to provide for amendment of birth certificates; to strike Sections 14 and 15 in their entirety; to provide for the filing of death certificates and personal data to be recorded thereon; to provide for the filing of death certificates where there is no attending physician or such death resulted from an unlawful act; to provide for fetal death registration; to provide for the issuance of certified copies of certificates; to provide for fees for such certified copies; to provide for review of decisions of the board and others by the board or superior court; to provide for permits governing dead human bodies; to strike Sections 28 and 29 in their entirety; by striking the word `stillbirth' wherever it appears in said Act and substituting in lieu thereof the words `fetal death'; to provide for the preservation of worn records; to repeal conflicting laws; and for other purposes, so as to provide that the Public Health Administrator in charge of vital records shall have all of the jurisdiction, powers and authority vested in the Court of Ordinary to amend death certificates, birth certificates and in establishing delayed birth certificates for persons born in and outside of the State of Georgia, to be effective in all counties having a population of not less than 100,000 nor more than 113,000, according to the last Federal Census or any future Federal Census, and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Page 2980 Section 1. That from and after the approval of this Act, all jurisdictions, powers and authority of the Court of Ordinary in reference to the amendment of death certificates, the amendment of birth certificates and the establishing of delayed birth certificates for persons born in and outside of the State of Georgia, is transferred from said court to the Public Health Administrator of such county, who is in charge of vital records therein, and whose title for this purpose shall be custodian of vital records of said county, which Public Health Administrator shall thereafter be vested with and shall exercise all jurisdiction, power and authority in connection with said certificates as heretofore vested in said Court of Ordinary. Jurisdiction of court of ordinary. Section 2. All records of the Court of Ordinary relating to amendments to death certificates, amendments to birth certificates and establishing delayed certificates of birth now in the custody of said court shall remain in said court, subject to existing provisions of law relating to the examination thereof. Same, records. Section 3. That the provisions of this Act shall be effective in all counties in this State having a population of not less than 100,000 nor more than 113,000, according to the last Federal Census of any future Federal census. Counties where effective. Section 4. That all laws or parts of laws in conflict herewith are expressly repealed. Approved March 13, 1957. MUNICIPAL COURT OF SAVANNAH. No. 361 (House Bill No. 111). An Act to prescribe and establish compensation and/or salary for the associate judge of the Municipal Court of Savannah, Georgia; to prescribe the method of Page 2981 paying the said compensation and/or salary; to repeal all laws in conflict herewith and for other purposes: Be it enacted by the General Assembly of Georgia: Section 1. From and after the approval of this Act, the salary and/or compensation of the associate judge of the Municipal Court of Savannah, Georgia shall be seven thousand dollars ($7,000.00) per year. Judge's salary. Section 2. Said salary shall be paid to said associate judge out of the county funds and/or county treasury by the county commissioners and ex-officio judges of Chatham County on a monthly basis. Same, payment. Section 3. There is attached hereto and made a part hereof, an affidavit and notice of intention to apply for local legislation. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. State of Georgia, County of Chatham. Personally appeared before me, the undersigned attesting officer, Frank S. Cheatham, Jr., Edgar P. Eyler, and Edward T. Brennan, affiants, who after being duly sworn depose and say on oath that they are the sponsors of the bill to which this affidavit is attached, and that the above and foregoing notice of intention to introduce local legislation was published in the Savannah Evening Press, which said newspaper is the official organ of Chatham County, Georgia, on December 22, 1956, December 29, 1956 and January 5, 1957. /s/ Frank S. Cheatham, Jr. (L. S.) Frank S. Cheatham, Jr. /s/ Edgar P. Eyler (L. S.) Edgar P. Eyler /s/ Edward T. Brennan (L. S.) Edward T. Brennan Page 2982 Sworn to and subscribed before me this 12 day of January, 1957. /s/ Nancy E. Lawler Notary Public, Chatham County, Georgia (Seal). 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 Local Bill. Notice is hereby given to the public that, in the next regular session of the General Assembly of Georgia, commencing in January, 1957, there will be introduced a special bill to fix the salary of the associate judge of the Municipal Court of Savannah. Frank S. Cheatham, Jr., Edgar P. Eyler, Edward T. Brennan. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of December 22-29, 1956 January 5, 1957. /s/ Helen Pope. Sworn to and subscribed before me this 5th day of January 1957. /s/ Viola F. Schwaab Notary Public, Chatham County, Ga. (Seal). Approved March 13, 1957. Page 2983 CITY OF GAINESVILLE CHARTER AMENDED. No. 362 (House Bill No. 602). 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', approved August 15, 1922, (Ga. L. 1922, pp. 834-867), and all acts amending said Act, by requiring nominating petitions of candidates for city commissioner to be filed at least twenty (20) days before the election; authorizing the city commission to determine the qualifications and salary of the city manager; providing requirements as to form, notice and passage of city ordinances; providing for the appointment of a city marshal and deputies; declaring the provisions of this act severable, repealing conflicting laws 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, approved August 15, 1922, Ga. L. 1922, pp. 834-867), and all other acts amending the said Act are hereby amended by striking from line 9 on pages 838 of said Act, the word ten and inserting thereof the word twenty and re-enacting section 8 of the said Act so that said section 8 as amended shall be as follows: Section 8. After the election in 1922, one commissioner shall be elected each year, as follows: An election shall be held on the first Tuesday in December, 1923, and on the first Tuesday in December of each year thereafter Page 2984 to elect the successor to the commissioner whose term shall expire on the following January 1st. The term of each commissioner so elected shall be three years. No person shall be voted for at such election unless a nominating petition signed by at least fifty persons whose names shall appear on the last registration list of said city shall be filed with the secretary of the commission not less than twenty (20) days before the day of the election. The secretary of the commission shall at ten o'clock a. m. on the first Monday in October in each year open a book for the registration of voters in said city, and shall keep such book open from day to day (Sundays excepted) from ten a. m. to on p. m. and from two p. m. to six p. m. lawful time of the State of Georgia, at such times, until six p. m. on the first Tuesday in November following. In such book shall be written the name of the registered voter, occupation and place of residence in said city, and no one will be entitled to register who is under twenty-one years of age except as herein provided. No person not qualified under the present laws of said city shall be permitted to register or to vote in any such election, except persons whose names shall be on the permanent registration list of said city. Any person who is, at the time he offers to register, possessed of all the qualifications of a voter except time of residence in said city and majority, and who by election day will possess these requisites may be registered. Elections. Section 2. (A) The said Act referred to in section 1 hereof and all amendments thereto are hereby further amended by striking out and repealing in its entirety section 18, on page 844, of said Act, which section is as follows: Section 18. Be it further enacted by the authority aforesaid, That the commission shall select and appoint a manager for said city within thirty days after their election and qualification and fix his salary, which salary shall not be more than $4,800.00 per annum, to be paid in monthly installments, which salary shall be fixed at the time of his election, but which may be changed at Page 2985 any time by the commission. Such manager shall be a male person and an American citizen not less than twenty-five years of age. Said manager shall be subject to removal from office at any time by a vote of the majority of the commission. City manager. (B) There is hereby inserted in lieu of said section 18, a new section as follows: Section 18. Be it further enacted by the authority aforesaid, that the city commission shall select and appoint a manager for said city. The city commission is hereby given authority to select and remove the said city manager at any time by a vote of the majority of the commission duly entered on the minutes of the said commission. The city commission is hereby empowered to be the sole judge of the qualifications of the person appointed city manager, said selection or appointment to rest solely upon the judgment of the majority of the city commission. The said city commission is further hereby empowered to pay the said city manager such salary as a majority of the said commission shall decide proper without regard to any previous limitations as to the amount of said salary. Section 3. (A) The Act referred to in section 1 hereof and all amendments hereto are hereby further amended by striking therefrom in its entirety section 22 of the said Act as follows: Section 22. The commission shall have all the authority now possessed by the mayor and councilmen in adopting ordinances, and the present laws regulating the adoption of ordinances shall continue in force, except that a proposed ordinance, after being read at any meeting of the commission, shall be published in full in the official newspaper and shall not come up for passage until ten days after such publication. If during said period of ten days a petition shall be filed with the secretary of the commission, signed by at least one-third of the voters whose names appear on the last registration Page 2986 of voters; list of said city, requesting that said proposed ordinance be referred to a vote of the people, the commission, before finally adopting said ordinance, shall order a referendum election thereon, the procedure for which shall be as follows: The secretary of the commission shall publish a notice for ten days in which notice shall be given the text or a full synopsis of the proposed ordinance, stating that a petition for a referendum election on the proposed ordinance has been filed with him, announcing that a special referendum election will be held on a certain day (naming the day), and that a special registration book for said election will be opened on a certain day which day shall be ten days after the first publication of the notice. Such registration book shall be opened and kept open as provided for in other city elections, and all the other registration and election laws of said city shall control such registration and election. The election shall be held on the first Tuesday following the ten days after the closing of the special registration book. The registrars shall make up the registration list for said election as in case of other city elections. The ballots used shall be printed at the expense of the city, and shall state the title of the ordinance and its substance, and below such statement shall state the two propositions, For the ordinance, and Against the ordinance. The voters shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. If a majority of such voters shall favor the proposed ordinance, the commission shall thereupon in due course adopt the same, but if a majority shall vote against the proposed ordinance, it shall not be adopted by the commission until it shall have in a future election been voted in favor of. (B) There is hereby inserted in lieu of the said section 22, a new section as follows: Section 22. The commission shall have all the authority now possessed by the mayor and councilmen in adopting ordinances. No ordinance shall be adopted by the said city commission unless the subject matter dealt Page 2987 with therein shall be set out in the title or caption thereof. The said caption or title of each proposed ordinance, after the ordinance has been read at a meeting of the city commission, shall be published in the official newspaper of the City of Gainesville and shall not come up for passage until ten (10) days after each publication. If during said period of ten days a petition shall be filed with the secretary of the commission, signed by at least one-third of the voters' list of said city, requesting that said proposed ordinance be referred to a vote of the people, the commission, before finally adopting said ordinance, shall order a referendum election thereon, the procedure for which shall be as follows: The secretary of the commission shall publish a notice for ten days in which notice shall be given the text or a full synopsis of the proposed ordinance, stating that a petition for a referendum election on the proposed ordinance has been filed with him, announcing that a special referendum election will be held on a certain day (naming the day), and that a special registration book for said election will be opened on a certain day, which day shall be ten days after the first publication of the notice. Such registration book shall be opened and kept open as provided for in other city elections and all the other registration and election laws of said city shall control such registration and election. The election shall be held on the first Tuesday following the ten days after the closing of the special registration book. The registrars shall make up the registration list for said election as in case of other city elections. The ballots used shall be printed at the expense of the city, and shall state the title of the ordinance and its substance, and below such statement shall state the two propositions, For the ordinance, and Against the ordinance. The voters shall strike from the ballot the proposition to which he is opposed, leaving unstricken the proposition he favors. If a majority of such voters shall favor the proposed ordinance, the commission shall thereupon in due course adopt the same, but if a majority shall vote against the proposed ordinance, it shall not be adopted by the commission until it shall have in a future election been voted in favor of. Adoption of ordinances. Page 2988 Section 4. (A) The Act referred to in Section 1 hereof and all acts amending said Act are hereby amended by striking therefrom section 53, of the said Act, which section is as follows: Section 53. The chief of police shall be ex-officio marshal of said city and shall perform all the duties imposed on the marshal by law. Marshal. (B) There is hereby inserted in lieu of the said section 53, a new section 53 as follows: Section 53. A marshal shall be appointed for said city with authority to perform all civil duties imposed upon such marshal. Such deputy marshals as may be required, having authority to perform all duties of the marshal, may be appointed from time to time as required. Section 5. The sections and provisions of this Act are hereby declared severable and should any section or provision hereof be declared unconstitutional or void for any reason, the remaining sections or provisions shall not be thereby affected. Section 6. 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, now in session, 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, approved August 15, 1922, (Ga. L. 1922, pp. 834-867), and amendatory acts, by requiring nominating petitions of candidates for city commissioner to be filed at least twenty (20) days before the election; authorizing Page 2989 the city commission to determine the qualifications and salary of the city manager; providing requirements as to form, notice and passage of city ordinances; providing for the appointment of a city marshal and deputies; declaring the provisions of the proposed act severable, repealing conflicting laws and for other purposes. This notice is given in compliance with section 2-1915 and section 47-801 of the Code of Georgia annotated. This the 24th day of January, 1957. R. M. Knickerbocker, Mayor City of Gainesville, Georgia Affidavit. Howard T. Overby and William B. Gunter personally 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 Daily Times, the official organ for Hall County, Georgia, 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 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/ Howard T. Overby Page 2990 Sworn to and subscribed before me this 16th day of February, 1957. /s/ Virginia W. Campbell Notary Public Georgia, State at Large. Notarial Seal Affixed. Approved March 13, 1957. TOWN OF EAST DUBLIN CHARTER AMENDED. No. 363 (House Bill No. 139). An Act to amend an Act incorporating the Town of East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, so as to extend the corporate limits of 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 East Dublin, approved February 12, 1952 (Ga. L. 1952, p. 2369), as amended, is hereby amended by adding at the end of section 2 the following: The corporate limits of the town of East Dublin shall also embrace all of that area within the following description: Commencing on the eastern right-of-way of the Dublin-Wrightsville highway being State highway number 15, at the point wherein the present corporate limit line of the Town of East Dublin intersects with the eastern right-of-way of said Dublin-Wrightsville highway, thence along the eastern right-of-way of said highway north 47 degrees 52 minutes east a distance of 19.68 chains; thence south 47 degrees 08 minutes east a distance of 6.00 chains; thence north 45 degrees 54 minutes east a distance of 17.22 chains; thence north 29 degrees 55 minutes west a distance of 6.00 chains; back to the Page 2991 eastern right-of-way of said Dublin-Wrightsville highway; thence along the eastern right-of-way of said highway north 45 degrees 05 minutes east 34.91 chains; thence continuing along the eastern right-of-way of said highway north 46 degrees 16 minutes east a distance of 5.92 chains to the junction of the Dublin-Wrightsville highway with a public dirt road; thence along the center of said public road north 37 degrees 29 minutes west a distance of 6.42 chains; thence continuing along the center of said road north 80 degrees 34 minutes west 9.09 chains; thence along the center of said road north 83 degrees 34 minutes west 18.18 chains; thence along the center of said road 82 degrees 34 minutes west 23.39 chains; thence along the center of said road north 71 degrees 44 minutes west 6.77 chains; thence along a land line fence south 43 degrees 34 minutes west 23.00 chains; thence north 44 degrees 06 minutes west 0.75 chains to the western right-of-way of the Buckeye Public Road; thence along the western right-of-way of said Buckeye Public Road south 44 degrees 42 minutes west 19.85 chains; thence along the western right-of-way of said road south 35 degrees 19 minutes west 4.45 chains; thence along the western right-of-way of said road south 27 degrees 55 minutes west 24.07 chains, to the point wherein the present corporate limit line intersects the western right-of-way of the Buckeye Public Road. The territory to be embraced in the extension of said corporate limits being shown by a plat of survey prepared by Jack C. Brantley, surveyor, dated December 28, 1956, a copy of same being posted in the city hall in East Dublin, Georgia for inspecting by all interested persons. Corporate limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. At the request of the mayor and council of the Town of East Dublin, Georgia, and by virtue of a unanimous resolution passed by that body, the undersigned will introduce in the next session of the General Assembly of the State of Georgia, which will convene on the 2nd Page 2992 Monday in January, 1957, an Act to amend an Act entitled An Act to incorporate the Town of East Dublin in the County of Laurens, State of Georgia, and for other purposes, approved February 12, 1952, by extending the corporate limits of said town to include additional territory and to embrace same within the town limits of the Town of East Dublin; to repeal conflicting laws; and for other purposes. The additional territory to be included in the extension of the corporate limits is described as follows: Commencing in the center of the Dublin-Wrightsville highway being State highway number 15, at the point wherein the present corporate limit line of the Town of East Dublin intersects said Dublin-Wrightsville highway, thence along the center of said highway north 47 degrees 52 minutes east a distance of 19.68 chains; thence south 47 degrees 08 minutes east a distance of 6.00 chains; thence north 45 degrees 54 minutes east a distance of 17.22 chains; thence north 29 degrees 55 minutes west a distance of 6.00 chains, back to the center of said Dublin-Wrightsville highway; thence along the center of said highway north 45 degrees 05 minutes east 34.91 chains, thence continuing along the center of said highway north 46 degrees 16 minutes east a distance of 5.92 chains to the junction of the Dublin-Wrightsville highway with a public dirt road, thence along the center of said public road north 37 degrees 29 minutes west a distance of 6.42 chains, thence continuing along the center of said road north 80 degrees 34 minutes west 9.09 chains, thence along the center of said road north 83 degrees 34 minutes west 18.18 chains, thence along the center of said road 82 degrees 34 minutes west 23.39 chains, thence along the center of said road north 71 degrees 44 minutes west 6.77 chains, thence along a land line fence south 43 degrees 34 minutes west 23.00 chains, thence north 44 degrees 06 minutes west 0.75 chains to the center of the Buckeye Public Road; thence along the center of said Buckeye Public Road south 44 degrees 42 minutes west 19.85 chains, thence along the center of said road south 35 degrees 19 minutes west 4.45 chains, thence Page 2993 along the center of said road south 27 degrees 55 minutes west 24.07 chains, to the point wherein the present corporate limit line intersects the Buckeye Public Road. The territory to be embraced in the extension of said corporate limits being shown by a plat of survey prepared by Jack C. Brantley, surveyor, dated December 28, 1956, a copy of same being posted in the city hall in East Dublin, Georgia, for inspecting by all interested persons. This 3rd day of January, 1957. /s/ Paul J. Jones, Jr. Paul J. Jones, Jr. Representative Laurens County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul Jones, who, on oath, deposes and says that he is representative from Laurens County, and that the attached copy of notice of intention to introduce local legislation was published in the Dublin Courier Herald which is the official organ of said county, on the following dates: January 5, 12, and 19, 1957. /s/ Paul J. Jones, Jr. Representative, Laurens County. Sworn to and subscribed before me this 23 day of January 1957. Francis W. Allen Notary Public. Approved March 13, 1957. Page 2994 CITY OF MOULTRIE CHARTER AMENDED. No. 364 (House Bill No. 67). 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, and particularly that part of said charter as set forth in an Act approved March 6, 1956, sections 5, 6, 7, 18, 19, 20, 21, 22, and 23; to extend the present corporate limits of said city; to provide for the effective dates of annexation for the several areas set forth in said 1956 Act; 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 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 acquisition by the city of that portion of any electric system contained in the annexed area; to repeal conflicting laws; and for other purposes, approved March 6, 1956, (Ga. L. 1956, Vol. Two, pp. 2830-2843), and the several Acts amendatory thereof be and the same are hereby amended as follows: Section 1. By striking section 5 of said 1956 Act in its entirety, and substituting in lieu of said stricken section a new section 5 which shall read as follows: 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: Page 2995 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 11,870 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 7800 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 and 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. Corporate limits. Section 2. By striking section 6 of said 1956 Act in its entirety, and substituting in lieu of said stricken section a new section 6 which shall read as follows: Section 6. That the corporate limits of the City of Moultrie be extended so as to include and embrace therein all the area lying within the following boundary lines: Same. 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 margin of First Street N.E., thence run north along the present east margin of First Street N.E., and what would be Page 2996 an extension of said east margin 7800 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., 7800 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 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 south easterly 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 and Co. 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. Section 3. The qualified voters who have resided continuously in the area described in section 5 as hereby amended for three months next preceding the day of the election shall be entitled to vote in the election which has been called by the ordinary for the area described in section 5 of the Act approved March 6, 1956, and the qualified voters who have resided continuously in the Page 2997 area described in section 6 as hereby amended for three months next preceding the day of the election shall be entitled to vote in the election which has been called by the ordinary for the area described in section 6 of the Act approved March 6, 1956. Referendum. Section 4. By striking section 7 of said 1956 Act in its entirety, and substituting in lieu of said stricken section a new section 7 which shall read as follows: Section 7. The several areas described in Section 1, 2, 3, 4, 5, and 6 of this Act as amended shall become a part of the City of Moultrie on the condition that only such of said sections 1, 2, 3, 4, 5, and 6 of this Act, as amended, shall become effective as are approved and ratified by the qualified voters of the several affected areas described in said sections in separate referendum elections as hereinafter provided for said affected areas. Section 5. By striking from section 20 and 21 of said 1956 Act the words 2nd day of April, 1957 wherever the same appear in said sections 20 and 21, and substituting in lieu of said stricken words 2nd day of April, 1958. Section 6. By striking section 22 of said 1956 Act in its entirety and substituting in lieu of said stricken section a new section 22 which shall read as follows: 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 of this Act as amended shall favor annexation, such areas described in section 5 of this Act as herein amended 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, 1959. Effective dates. Section 7. By striking section 23 of said 1956 Act in its entirety, and substituting in lieu of said stricken section a new section 23 which shall read as follows: Page 2998 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 of this Act as amended shall favor annexation, such area described in section 6 of this Act as herein amended 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, 1959. Same. Section 8. Notwithstanding any other provision contained herein, or contained in any other law or parts of laws heretofore enacted, should a majority of the votes cast in each area as described in section 1, 2, 3, 4, 5, and 6 of said 1956 Act, as hereby amended, favor annexation of such area to the City of Moultrie, Georgia, then said area shall become a part of the said City of Moultrie on the respective dates provided for each of said areas in said 1956 Act as hereby amended. Section 9. 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 1957 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 amend An Act to amend the charter of the City of Moultire, approved March 6, 1956 (Ga. L. 1956, Volume 2, pp. 2830-2843), by striking from said 1956 Act in their entirety, sections 7, 18, 19, 20, 21, 22, and 23 of said 1956 Act, and substituting in lieu of said sections, new sections numbered 7, 18, 19, 20, 21, 22, and 23, each of said new sections to replace the stricken section of like numeration; the purpose of said new sections being to provide new dates upon which the various areas described in said Act shall become a part of the City of Moultrie upon their being approved and ratified for so Page 2999 doing according to the terms of said 1956 Act; said new dates for each of said areas being as follows: West Moultrie Area April 2, 1957 Colonial Heights Area April 2, 1957 East Moultrie Area April 2, 1958 Tifton Highway Area April 2, 1959 Sylvester Drive Area April 2, 1959 Crestwood Gardens Area April 2, 1958 Also the purpose of said legislation shall be to amend said 1956 Act by striking from section five (5) of said Act the number 10370 wherever same appears in said section and substituting in lieu of said stricken number the number 11870; also by striking from sections five (5) and six (6) of said Act the number 6300 wherever same appears in said sections five and six, and substituting in lieu of said stricken number the number 7800. Amendments germane to said legislation may be offered and adopted as provided by law. This 11 day of December, 1956. Georgia, Colquitt County. Before me, the undersigned officer duly authorized by law to administer oaths, personally appeared Mabel C. Potts who first being duly sworn, on oath, deposes and says that she is the secretary 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 1957 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 December 14, 1956, December 21, Page 3000 1956, and December 28, 1956. /s/ Mabel C. Potts Sworn to and subscribed before me this 11 day of January, 1957. /s/ Geo. A. Horbag, Jr. Notary Public, Colquitt County, Ga. Approved March 13, 1957. WHEELER COUNTYCOMMISSIONER'S AND CLERK'S SALARIES. No. 366 (House Bill No. 344). An Act to amend an Act creating the office of commissioner of roads and revenues for Wheeler County, approved August 7, 1924 (Ga. L. 1924, p. 378), as amended, particularly by an Act approved February 12, 1952 (Ga. L. 1952, p. 2356), so as to change the compensation of the commissioner and clerk; 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 for Wheeler County, approved August 7, 1924 (Ga. L. 1924, p. 378), as amended, particularly by an Act approved February 12, 1952 (Ga. L. 1952, p. 2356), is hereby amended by striking from section 8 the figure $4500.00 and in lieu thereof inserting the figure $3,000.00, so that section 8, as so amended shall read: Section 8. From and after the passage of this Act, the commissioner of roads and revenues for Wheeler County shall be paid from the county treasury a salary of $3,000.00 per annum, the same to be paid weekly, Page 3001 semi-monthly, or monthly in equal installments as the commissioner may fix and determine. Commissioner's salary. Section 2. Said Act, as amended, is further amended by striking section 27 and in lieu thereof inserting the following: Section 27. The commissioner may, if he so desires, employ a clerk to assist him in the performance of his duties. The clerk shall be compensated in the amount of $2100.00 per annum, payable monthly from the treasury of Wheeler County. Clerk's salary. 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 1957 session of the General Assembly of Georgia a bill to amend an Act creating the commissioner of roads and revenues of Wheeler County, so as to change the compensation of the commissioner; to provide a clerk for the commissioner and the compensation of such clerk; and for other purposes. This 9th day of January, 1957. Robert A. Hill Representative of Wheeler County. 38-3t. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Robert A. Hill, 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 Page 3002 official organ of said county, on the following dates: January 11, 18 and 25, 1957. /s/ Robert A. Hill Representative, Wheeler County. Sworn to and subscribed before me this 5 day of February, 1957. /s/ Frances Y. Read Notary Public, Fulton Co. Approved March 13, 1957. TWIGGS COUNTY COMMISSIONERSELECTION BY ENTIRE COUNTY. No. 367 (House Bill No. 364). An Act to amend an Act creating a board of commissioners of roads and revenues for Twiggs County, approved February 27, 1923 (Ga. L. 1923, p. 324), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2251), so as to provide for the election of such commissioners by the voters of the entire county; to provide 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 board of commissioners of roads and revenues for Twiggs County, approved February 27, 1923 (Ga. L. 1923, p. 324), as amended, particularly by an Act approved February 8, 1950 (Ga. L. 1950, p. 2251), is hereby amended by striking section 2 in its entirety and in lieu thereof inserting the following: Section 2. The County of Twiggs is hereby divided into five commissioner districts as follows: Page 3003 Commissioner district No. 1: Jeffersonville, Marion and Bluff Militia Districts; Commissioner districts No. 2: Higgsville and Ware Militia Districts; Commissioner districts, election from districts. Commissioner district No. 3: Shadygrove and Tarversville Militia Districts; Commissioner district No. 4: Smith and Pearson Militia Districts; Commissioner district No. 5: McDonald and Hammock Militia Districts. One commissioner shall be elected for each district and the commissioners elected for the district must reside in the district that he represents. The commissioners shall be elected by the voters of the entire county. Any political party holding a primary for the nomination of a candidate as a commissioner shall provide that the nomination be by the voters of the entire county. It is the purpose of this section to provide for the nomination and election of each commissioner by the voters of the entire county. Section 2. Not less than thirty nor more than sixty 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 Twiggs County to issue the call for an election for the purpose of submitting this Act to the voters of Twiggs County for approval or rejection. The ordinary shall set the date of such election for a day not less than thirty nor more than sixty 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 Twiggs County. The ballot shall have printed thereon the words: For approval of the Act to provide for the election of Commissioners by the voters of the entire county. Page 3004 Against approval of the Act to provide for the election of Commissioners by the voters of the entire county. 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 the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are 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 Twiggs 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 result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Referendum. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Twiggs County. In compliance with Article III, Section VII, Paragraph 15 of the Constitution of Georgia 1945, the public is hereby notified that a local bill will be introduced in the January, 1957, session of the General Assembly of Georgia to amend an Act passed February 8, 1950, creating five commissioner districts in Twiggs County, Georgia. Said amendment to be as follows: To strike Section 2 in its entirety, Georgia Laws 1950 page 2251, and insert in lieu thereof: That the County of Twiggs is hereby divided into five districts, and one commissioner shall be elected from each district. The five districts shall be divided as follows: No. 1, Jeffersonville, Marion and Bluff; No. 2, Higgsville and Ware; No. 3, Shadygrove and Tarversville; No. 4, Smith and Pearson; No. 5, McDonald and Hammock. One commissioner shall be elected for each district from the territory embraced in such district, and Page 3005 said commissioner must reside in the district from which he is elected. A candidate for county commissioner shall be nominated by the voters of the entire county. The purpose of this amendment is to allow the citizens of the entire county to vote for county commissioner. Jerre C. Miller Jr. Representative Elect, Twiggs County. Nov. 23, 30; Dec. 8, 14, 21, 28. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. C. Miller, who, on oath, deposes and says that he is representative from Twiggs County, and that the attached copy of notice of intention to introduce local legislation was published in the Twiggs County New Era which is the official organ of said county, on the following dates: Dec. 7, 14, 21 28 1956. /s/ J. C. Miller, Jr. Representative, Twiggs County. Sworn to and subscribed before me this 6th day of February, 1957. /s/ George D. Busbee Notary Public. Approved March 13, 1957. Page 3006 CITY COURT OF BAXLEY. No. 369 (House Bill No. 575). 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 fixing and regulating the number, compensation, and qualifications of jurors and panels of jurors serving in the City Court of Baxley; fixing and regulating the terms of said court; provide for the jurisdiction of said court, and for new trials in said court, and appeals from said court, and for the procedure relative to said court and appeal therefrom; to provide for and fix the compensation of the solicitor of the City Court of Baxley out of and concerning bond forfeitures, and to fix and provide for the terms of the solicitor of the city court; to fix and provide for the salaries, compensations and fees of the judge, solicitor, and other officers of said court, and the distribution and proceeds of said court; to provide for a judge, solicitor and other officers of said court, fix the length of the terms of said officers and the time for the beginning and ending of the term of said officers, and provide for the election of said officers and the filling of said offices, and amend the act creating the City Court of Baxley and all acts amendatory thereof in such other ways as will increase the efficiency 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 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, as amended, and inserting in lieu thereof the following new sections. Prior Acts repealed. Section 2. 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 Page 3007 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. New court created. Section 3. 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 or laws of Georgia; and except any civil cause which, under the law, may be brought in a justice court. Jurisdiction. Section 4. 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, criminal cases. Section 5. Be it further enacted by the authority aforesaid that there shall be a judge of said City Court of Baxley who shall be an attorney at law, who shall be elected by the qualified voters of said Appling County, Georgia, and whose term of office shall be four years. 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. Said judge shall be elected in the General elections to be held in said county, beginning with the general election to be held in the year 1958, for a four year term commencing January 1, 1959, a judge to be elected in the general election at said four year intervals after said election to be held in the year 1958 to take office on January first following his said election. Pending and until January 1, 1959, Honorable Alvin V. Sellers, of Baxley, Georgia, shall serve as judge of said court. 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. Judge. Section 6. Be it further enacted by the authority Page 3008 aforesaid that there shall be a solicitor of said City Court of Baxley, who shall be elected each four years by the qualified voters of Appling County at the same time as the general election is held in Appling County, Georgia, whose term of office shall be four years beginning with the first day of January immediately following his election. The first of such four year terms shall begin with January 1, 1959, and the person elected therefor shall be elected at the aforesaid election in the year 1958. Pending and until said date of January 1, 1959, Honorable Peyton Miles, of Appling County, Georgia, shall serve as solicitor of said city court. The salary and fees of said solicitor shall be as follows: He shall be paid an annual salary of twelve hundred dollars ($1200.00) payable monthly out of the treasury of Appling County, which salary shall be full compensation for all services rendered in said City Court of Baxley of every kind whatever, except as hereinafter provided. All vacancies in said office shall be filled by holding a special election for the purpose of electing a new solicitor for the unexpired term. Solicitor. Section 7. The clerk of the Superior Court of Appling County, Georgia, shall at all times serve as clerk of said City Court of Baxley. Clerk. Section 8. Be it further enacted by the authority aforesaid that there shall be a sheriff of said court. The sheriff of Appling County, Georgia shall at all times be and serve as the sheriff of said court and shall be known and designated 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 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 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 Page 3009 of Appling County, and for his attendance at the 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 as the sheriff of the Superior Court receives for like services. Sheriff. 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 other officers of the court as may be exercised by the judges of the Superior Courts over such persons and officers in the counties of Georgia. Judge's authority. 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 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 Superior 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 Court, 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. Oaths, jurisdiction. Page 3010 Section 11. Be it further enacted by the authority aforesaid, that the regular jury terms of the City Court of Baxley shall be held and commence on the first Monday in May, and on the second Monday in November of each year, and that non-jury terms shall commence and be held on the first Monday in February and the first Monday in August of each year, said terms to continue from day to day until the commencement of the succeeding term. Said judge of said court shall have authority to summons and empanel traverse juries for the trial of cases for any term of said court. 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 proceeding in the Superior Courts, except as hereinafter provided, but the process of writs shall be annexed by the clerk of the said city court, and 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 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. Pleadings and process. 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 of Appling County, Georgia, when not inconsistent with this Act and unless otherwise specially provided herein, shall be applicable to said city court. Same. 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, upon entering a demand therefor by himself or his attorney, at or before the case is called for trial, shall be entitled to a trial by jury in all cases in Page 3011 which said party may be entitled to a trial by jury under the constitution or laws of Georgia. Jury 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 upon 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. Claim cases. 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 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 levied 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 and garnishments. Section 17. 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. Proceedings to make parties. Section 18. 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. Garnishment. Section 19. Be it further enacted by the authority aforesaid, that the general laws of this state, as respects the commencements of suits, the appearance date, the trial term, the time of commencement of suit, the time in which all defensive pleading must be filed, the time Page 3012 in which all demurrers and pleas of all parties must be filed, and all general laws of this State with regard to pleading, defenses, set offs, 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 where not otherwise provided herein. Pleadings. 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 laws applicable to the duties of the clerk and sheriff in the Superior Court of Appling County shall apply to the City Court of Baxley 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 enforcements 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 authority and 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. Contempt. Section 23. Be it further enacted by the authority aforesaid that traverse jurors in the said court 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 of the Superior Court, and shall write Page 3013 upon separate pieces of paper the names of each person upon the traverse jury list of the Superior Court of Appling County, and shall place said names of all persons on said Superior Court list in said jury box of the City Court of Baxley. All laws with reference to the drawing and summoning and empaneling traverse jurors in the Superior Courts shall apply to the City Court of Baxley except as herein otherwise provided, and said city court judge shall have the same power to summons traverse jurors for the city court that the judges of the Superior Courts have for 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 of Appling County, Georgia are paid or may hereafter be paid. Jurors. Section 24. Be it further enacted by the authority aforesaid that all laws with reference to the qualifications, 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 jury is made, the parties shall be entitled to a panel of eighteen jurors from which to strike. Each side being 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 three peremptory challenges for the State; Provided further, however, that in both criminal and civil cases, when demand is made for trial before twelve jurors by any party in a case to be tried, at or before the call of said case for trial, said trial shall be before twelve jurors, said parties striking from a panel of eighteen jurors. From such panel, in criminal cases, the defendant shall be allowed four strikes and the State shall be allowed two strikes; and in civil cases, the plaintiff and defendant shall be allowed three strikes each, as peremptory strikes. Same. Section 25. Be it further enacted by the authority aforesaid, that in all cases in said court in which a jury Page 3014 is demanded that such cases shall be triable at the first jury term of said court convening in which said case would be triable under the rules of procedure in 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 first term of said court convening in which said case would be triable under the rules of procedure in 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. Trial terms. 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. Trial on accusation. 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 he demands a trial by jury, and the response of the defendant shall be entered on said indictment of accusation, and signed by the prosecuting officer in said court. If the defendant demands a trial by jury and said court is not sitting at a regular jury term, the judge shall admit the defendant to bail to appear at the next regular jury term, or on the defendant's failure to give bond shall commit him to jail to await his trial, at said jury 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 and evidence. Procedure in criminal cases. Section 28. Be it further enacted by the authority Page 3015 aforesaid, that the Judge of the Superior Court of Appling County may 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. Transfer of cases from Superior Court. 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 Court of Appeals of Georgia, or the Supreme Court of Georgia 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 Courts of this State. Appeals. Section 31. Be it further enacted by the authority aforesaid, that the judge of said City Court of Baxley shall have the 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 32. Be it further enacted by the authority aforesaid that whenever the judge of said city court is from any cause disqualified from presiding, or unable to preside 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 by 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 33. Be it further enacted by the authority Page 3016 aforesaid that the sheriff and clerk of said City Court of Baxley shall first be paid their costs in all criminal cases in which a fine shall be collected or a bond forfeited and collected; then all other costs accrued in said case shall be paid. The remainder, if any, of such fines and forfeitures, shall then be distributed as follows: one third of such remaining amount shall be paid over into the general funds of said county to the board of commissioners of roads and revenues of Appling County, Georgia; one third of such amount shall be paid over to the sheriff of the City Court of Baxley to compensate him for insolvent costs incurred by him; and one third of said amount shall be paid over to the clerk of the City Court of Baxley to compensate him for insolvent costs incurred by him. As a part of the costs accrued in a case, the solicitor shall receive one fourth of all forfeited bond recognizances actually collected, which shall not include cash bonds, as compensation for the services rendered by said solicitor in collecting said bond. Costs. Section 34. 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, Appling County. Baxley, Georgia. 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 January 10, 1957; on January 17, 1957, and on January 24, 1957. This 13th day of February, 1957. /s/ Albert S. Jenkins. Page 3017 Sworn to and subscribed before me this 13th day of February, 1957. /s/ W. R. Strozier, Notary Public, Appling County, Georgia. Notice of Intention to Introduce Bill. Georgia, Appling County. 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 January Term, 1957, of the General Assembly of Georgia for the passage of a bill: 1. Fixing and regulating the number, compensation, and qualifications of jurors and panels of jurors serving in the City Court of Baxley and in the trial of cases 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 and to provide for new trials in said court, and appeals from said court and for the procedure relative to said court and appeal therefrom. 4. To provide for and fix the compensation of the solicitor of the City Court of Baxley out of and concerning bond forfeitures, and to fix and provide for the terms of the solicitor of the city court. 5. To fix and provide for the salaries, compensations and fees of the judge, solicitor, and other officers of the City Court of Baxley, and the distribution and proceeds of said court. 6. To provide for a judge, solicitor and other officers of the City Court of Baxley, fix the length of the terms Page 3018 of said officers and the time for the beginning and ending of the term of said officers and provide for the election of said officers, and the filling of said offices. 7. To amend the act creating the City Court of Baxley, and all acts amendatory thereof in such other ways as will increase the efficiency of said court. This 9th day of January, 1957. Respectfully submitted, W. C. (Bill) Parker, Representative of Appling County, Georgia. 1/10, 1/17, 1/24 Approved March 13, 1957. JASPER COUNTY COMMISSIONERSCOMPENSATION. No. 370 (House Bill No. 540). An Act to amend an Act creating the board of county commissioners of Jasper County, Georgia, approved July 23, 1923 (Ga. L. 1923, p. 258, section 12) by striking said section 12 and substituting a new section to be known as section 12 increasing the salaries per diem of the members of the board. Be it enacted by the General Assembly of Georgia: Section 1. An Act adopted July 23, 1923 (Ga. L., p. 258) is hereby amended by striking section 12 in its entirety and substituting the following in lieu thereof: Section 12. Be it further enacted that each of said commissioners shall receive as compensation for his services Page 3019 the sum of ten dollars ($10.00) per day for his services when sitting for county purposes and shall neither receive directly, or indirectly, any further sums; said compensation thus fixed to be paid by the county out of the county funds, it being further enacted that the total compensation shall in no event exceed eighty dollars ($80.00) per month for the chairman of the board of commissioners of roads and revenue and sixty dollars ($60.00) per month for each of the other two commissioners. Compensation. Section 2. All laws and parts of laws in conflict with this Act be and are hereby repealed. Affidavit. Georgia, Fulton County. Personally appeared before the undersigned, an official authorized to administer oath, W. H. Key, who being duly sworn on oath says: that notice by publication of amendment to the Act of 1923 creating roads and revenues for the County of Jasper was published in the Monticello News, the official organ of Jasper County, on January 31, 1957, February 7, 1957 and February 14, 1957, as required by law. A copy of the publication being hereto attached and made a part of this affidavit. This the 14th day of February, 1957. /s/ W. H. Key. Sworn to and subscribed to before me this 14th day of February, 1957. /s/ Lewis Thornton, N.P. (Seal). Notice. Notice is hereby given that an amendment will be offered to section 12 of an act to create a board of county Page 3020 commissioners of roads and revenues for the County of Jasper, approved July 23, 1923, Georgia Laws 1923, to provide for an increase in compensation from $4.00 per day to $10.00 per day with total compensation not to exceed $75.00 per month for the chairman of the board and $50.00 per month for each of the other two members. Respectively submitted, this the 25th day of January, 1957. W. H. Key, Representative. Roy R. Kelly, Senator, 28th Senatorial District, Georgia. 47-3c Approved March 13, 1957. CITY OF ACWORTHNEW CHARTER. No. 371 (House Bill No. 392). An Act to create a new charter for the City of Acworth; to define the corporate limits; to provide for the election of its officers and prescribing their duties; to provide for filling vacancies of said city; to define the duties of mayor, to fix the salaries of mayor and council; to provide for the election of all employees of said city and to define their duties; to provide for the collection of license, taxes; to provide the manner in which property may be returned for taxation; to require building permits within the city; to provide for the sanitary department of said city; to prescribe the manner in which nuisances are declared; to provide for a sewerage tax and garbage tax; to assess abutting property owners in the improvement of streets, alleys, sidewalks and public lanes of said city; to provide for eminent domain; to provide for a mayor's court; to provide for the registration and qualification of voters; to provide for the collection of service for water, lights, Page 3021 power and other services rendered by said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Section 1. Corporate Limits. Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that the corporate limits of the City of Acworth shall be and is defined as follows: All that territory and the inhabitants thereof embraced within the limits of 5/8 of one mile in every direction from the W A Railroad depot as it is presently located; also all that territory and the inhabitants thereof, adjacent to the above described original city limits, embraced within the following described boundaries: (1) Beginning at the point where Wood Street intersects the limits above described and running thence in a southerly direction along said Wood Street to its intersection with Collins Mill Road; thence in a westerly direction along Collins Mill Road to the west line of land lot No. 34 of the 20th district and 2nd section of Cobb County, Georgia; thence southerly along said lot line to the high-water mark of Allatoona Lake; thence in an easterly direction along said high-water mark of Allatoona Lake and Lake Acworth to the point where the north fork of Proctor Creek flows into Lake Acworth; thence northerly along said Proctor Creek to a road known as the Acworth-Marietta highway, the same being a paved road; thence westerly along said highway to the original city limits above described. (2) Beginning at the point where Logan Drive intersects the aforesaid original city limits and running thence in a northerly direction along Logan Drive to its intersection with Cherokee Road; thence in a southwesterly direction along said Cherokee Road to its intersection with said original city limits. Section 2. Incorporation. Be it further enacted, that the inhabitants of the territory above set forth as the Page 3022 City of Acworth are hereby contained as a body politic and corporate under the name and style of the City of Acworth, with powers to govern themselves by such ordinances, by-laws, rules and regulations for municipal purposes as they may deem proper, not in conflict with this charter, the Constitution or laws of this State or of the United States. The corporation hereby continued in existence shall have full power in and by said corporate name to contract and be contracted with, to sue and be sued, to plead and be impleaded, to purchase, hold, receive, enjoy, possess and retain for the use of and benefit of said City of Acworth or inhabitants thereof in perpetuity or for any term, any estate, real or personal, or lands, tenements or hereditaments of any kind, within or without the limits of said city, for corporate purposes; to use, manage, improve, sell, convey, rent or lease any such estate or property; to have and use a common seal; and to perform all acts necessary or incident to its corporate existence or capacity; provided, no valid existing ordinance, rule or regulation adopted by any governing body of said municipality nor any contract made nor any right vested under and by virtue of any act shall be affected by this act. Section 3. Jurisdiction of City. Be it further enacted, that the corporate authority of said city and the territorial jurisdiction of the governing body and the officers thereof shall extend, for police and sanitary purposes, over all lands which are now owned or controlled and all lands which may hereafter be owned or controlled by said city for waterworks, electric light, sewerage, drainage, or cemetery purposes outside of the territory as indicated in section one hereof. The governing body and officers of said city shall have full power and authority to make and enforce such ordinances, by-laws, rules and regulations as they may deem necessary to protect the land, premises, and other property referred to in this section and all rights and interest of said city therein as fully and completely as if the same were located within the limits of said city proper as indicated in said first section. Page 3023 Section 4. Mayor and Councilmen. The municipal government and control of said city shall be vested in a mayor and five councilmen. Section 5. Their Election. On the first Saturday in November 1958 there shall be an election for mayor and councilmen from among the qualified voters of said city, said election to be held bi-annually thereafter, all of whom shall be elected to serve two years, and all officers shall serve until their successors are elected and qualified, and shall be elected by a plurality of the consolidated vote of the city. Such election to be held by three managers to be appointed by the mayor and council of said city, such managers to be qualified voters of said city. Such managers shall make a return of such election to the mayor and council then in office, who shall declare the result and cause the same to be entered upon the minutes of their proceedings. All persons shall be qualified to vote at such election who shall have bonafide resided in said city for sixty days next preceding the date of such election and are qualified to vote for members of the General Assembly from Cobb County and have complied with all the ordinances which may have been passed by said mayor and council providing for the registration of voters of said city. Section 6. Vacancies. If the office of mayor or any councilman shall become vacant by death, resignation, removal or otherwise, the mayor or a majority of the councilmen shall order a special election to fill the unexpired term and give ten days notice thereof in one or more newspapers or at two or more public places in said city; such special election shall be managed and returned and the result thereof shall be declared and published as heretofore provided in section five; provided, there shall be no election for mayor or councilman if the office shall become vacant within three months of the expiration of the regular term thereof. Section 7. Mayor. The mayor shall be the chief executive officer of said city and shall have general supervision over its affairs. He shall see that all laws and Page 3024 ordinances of said city are faithfully executed. He shall preside at all meetings of the mayor and council and shall have the right to take part in the deliberations of said body but shall not vote on any question except in case of a tie. He shall have power to convene them in extra session whenever in his judgment the exigencies of the case require it. He shall examine and audit all accounts of the city before the same shall be paid. He shall sign all deeds and contracts, approve all bills and vouchers. Section 8. Mayor's Veto Power. Every ordinance and resolution passed and every election of an officer or employee by the mayor and council shall be subject to the veto of the mayor in the following manner: The mayor shall within four days write out his objections to such resolution, ordinance or election and the mayor and councilmen shall, at the next regular or called meeting at which a quorum shall be present, order said objections entered in the minutes and take a vote on the question as to whether said ordinance, resolution or other action shall become adopted over said veto. Should as many as three councilmen vote in the affirmative, said resolution and ordinance or other action, shall stand affirmed and become effective without the approval of the mayor; otherwise, not. The ayes and nays shall in all cases be entered on the minutes. Section 9. Salaries of Mayor and Councilmen. Said mayor shall receive a salary to be fixed by the mayor and councilmen a sum not to exceed five hundred ($500.00) dollars per annum and the salaries of each councilman shall be a sum not to exceed three hundred ($300.00) dollars per annum. Section 10. Legislative and Appointive Powers. The power of legislation and the appointment of all subordinate officers of said city shall be vested in said mayor and councilmen. They shall hold regular meetings at such times and places as may be determined upon by them. Three shall constitute a quorum for the transaction Page 3025 of business provided the mayor or mayor pro tem. shall be present, but a less number may adjourn from time to time and compel the attendance of absentees. Section 11. Officers. At the first regular or called meeting at the beginning of its fiscal year the mayor and councilmen shall proceed to elect for said city by ballot from among the qualified voters thereof, a mayor pro tem. from among the elected councilmen, a clerk and treasurer, three tax assessors, a chief of police and such other police officers as may be necessary for the protection of said city and the property rights thereof. They 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 city. The persons so elected shall hold their respective offices for one year, or until their successors are elected and qualified unless for sufficient cause they be 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 in this section shall be such as may 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. Section 12. Mayor Pro Tem. In case of the death, resignation, removal from office or absence from the city of the mayor thereof, such mayor pro tem. shall exercise all the powers and discharge all the duties conferred and imposed upon the mayor of said city by this charter and the ordinances, rules and regulations of said city. Section 13. Financial Statements. At the first regular meeting for each year, the mayor shall appoint from among the elected councilmen a budget committee, whose duty it shall be to prepare a budget of anticipated revenues and expenditures for the ensuing year. For the purpose of enabling said mayor and councilmen Page 3026 to know at all times the true financial condition of said city, the clerk, when called upon to do so, shall prepare and read at a regular session of the mayor and councilmen a statement showing the probable gross income of the city for the fiscal year and the amount of money which has been expended and voted to be expended up to the date of such statement. Such statement shall be entered upon the minutes if so directed by said mayor and council and such body may authorize the publication of the income and expenditures of said city. Such receipts and the disbursements for each preceding quarter shall be verified by the chairman of the finance committee. Section 14. Clerk. The clerk of said city is authorized and shall receive all returns of property for taxation both real and personal; assess all property not returned in said city for taxation; the clerk shall collect all taxes and license fees due said city and keep such records as is necessary of said office for the proper handling the funds of said city. The clerk shall perform all such duties as may be imposed upon same by the mayor and councilmen for said city. Section 15. Tax Assessments. The board of tax assessors in said city is hereby vested with full power and authority to assess for taxation the fair market value of all property, real, personal and otherwise, subject to taxation by said city, so that said property shall stand upon the tax digest as its reasonable and fair market value. It shall be the duty of said board at all times to locate property that is not duly returned for taxation, to equalize taxation, and to ascertain the fair and reasonable market value of all property subject to taxation by said city. Said assessors shall receive reasonable compensation for their services, to be fixed by the mayor and council. When any property subject to taxation by the City of Acworth has not been returned for taxation by the first day of April, as required by law, it shall be the duty of the board of tax assessors to assess said property for taxation at its fair market value. When any such property has been returned for taxation at a Page 3027 value which in the opinion of said board of tax assessors is less than its fair market value, it shall be the duty of said board to assess it for taxation at such value. When any assessment is made as provided herein, it shall be the duty of the city clerk within ten days after the making of said assessment, to give to the owner of said property notice in writing of said assessment provided same has been raised. Such notice shall specify the amount of the assessment made, indicate the property assessed, and shall inform the owner that he may be heard on the justice and fairness of said assessment and the time and place of the hearing, at which time and place a full legal hearing shall be afforded by said board. 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 sahll be conclusive evidence that said notice has been given as required. If, for any reason, such notice cannot be given by mail, notice may be given by the posting in the city hall of such notice in a conspicuous place. Notice shall be considered as given on the day it is mailed or posted. If the owner of any such property fails or refuses to appear either in person or by agent at the time and place designated in said notice, then the assessment made shall be final. Any taxpayer who shall be dissatisfied with any such assessment may appeal to said mayor and council for a correction of such assessment within fifteen days after such assessment shall have been returned, and the judgment of said mayor and council thereon shall be final. Section 16. Police. It shall be the duty of the police officers to make arrests, within and without the limits of said city of all persons violating any ordinance of said city, expressly including all ordinances authorized to be made by the second section hereof, and to make arrests of all persons who have violated the penal statutes of this State, either with or without warrant or summons therefor. They shall have power to release all persons upon bonds as provided in the section hereafter enacted. It shall be the duty of the chief of police to prosecute before the proper court of Cobb County all offenses against Page 3028 the laws of this State committed in said city or upon property mentioned in the second section hereof. Said police force shall be so uniformed and armed as to be readily recognized by the public as peace officers, the arms and uniform to be furnished by the city and to remain the property of the city. Section 17. Duties, Bond of Officers. All officers elected by said mayor and council shall discharge such duties in addition to those prescribed in this Act as are, or may be, prescribed by ordinances of said mayor and council and shall give such bonds for the faithful discharge of their respective duties as said mayor and council may require; provided, the surety on the bond shall be a duly authorized guaranty or surety company. Section 18. Oath. Each officer of said city before entering upon the discharge of the duties of his office shall take and subscribe before a judge of some court in Cobb County an oath that he will faithfully discharge the duties of his office to the best of his skill and ability. Section 19. Impeachment. Said mayor and council shall have the sole right to try impeachments of all officers of said city. When sitting for that purpose they shall be under oath or affirmation. When the mayor shall be tried, the council shall select one of their number to preside; and no person shall be convicted without the concurrence of all the members present. Judgment in cases of impeachment may extend to removal from office and disqualification to hold any office or trust, honor or profit under this charter, and no further; but the party convicted shall, nevertheless be liable and subject to indictment, trial and punishment according to law. Section 20. Legislative Powers. Said mayor and council shall have full power and authority to make all ordinances, by-laws, rules and regulations respecting or relating to public buildings and grounds, work houses and public houses; the use of wagons, carriages, carts, drays, pumps, wells and fire engines; the care of the poor, the suppression of disorderly houses and houses of ill fame; Page 3029 the prevention and punishment of disorderly conduct, the conduct likely to disturb the peace and tranquility of any citizen of said city; the punishment of any persons loitering about the streets of said city; the inspection of steam boilers; the regulation and prevention of the storage of gunpowder, tar, pitch, rosin, coal oil, benzine, naphtha, turpentine, hemp, cotton, nitroglycerine, dynamite and other combustible or explosive substances and material; the regulation and prevention of the use of lights in stables, shops, and other places and the building of bonfires; and the regulation and prevention of fire crackers, torpedoes, roman candles, sky rockets and other fireworks. Section 21. Nuisances, Quarantines, Cemeteries, Etc. Said mayor and council shall have full power and authority to declare what shall be a nuisance and to abate the same and provide for the punishment of any person who may create or continue such nuisance; to compel the owner or user of any cellar, stable, pig sty, sewer, or any unwholesome or nauseous houses or place in said city to cleanse, abate or remove the same and to regulate the location thereof; to prohibit the slaughtering of any kind of animal in said city; to establish and maintain quarantines against contagious or infectious diseases; to establish and regulate cemeteries within or without the corporate limits of said city; to acquire lands therefor by gift, bequest or otherwise, and to require burial permits to be issued before anybody can be interred within the city limits of said city, and provided further at any time said mayor and council may abolish said present cemetery and purchase land for a new one. Section 22. Fire Limits. Said mayor and council shall have full power and authority to define and establish the fire limits of said city and from time to time in their discretion to extend and enlarge the same. Within such fire limits it shall be unlawful to erect buildings or structures of any kind not fire-proof. Said mayor and council shall have power to determine what buildings and structures are not fire-proof. Should any person erect or cause Page 3030 to be erected within such fire limits any building or structure not fire-proof, said mayor and council shall, after giving such person ten days notice and opportunity in regard thereto cause the same to be removed at the expense of the owner or owners thereof. Said mayor and council shall also have power to declare any building or structure in said city unsafe and dangerous and to condemn the same as such and cause the same to be repaired or removed at the expense of the owner thereof after giving such owner ten days notice and an opportunity to be heard in regard thereto. Section 23. Streets, Sidewalks, Etc. Said mayor and council shall have full power and authority to open, lay out, widen, straighten and otherwise change streets, alleys, and square in said city; to establish and fix such systems or grading and draining the streets of said city as they shall deem proper; to condemn private property for any of these purposes. Section 24. Rights-of-Way, Easements, Etc. Said mayor and council shall have full power and authority to purchase, lease or condemn any land and premises, water rights, rights-of-ways, easements, franchises without or within the limits of said city, for the purpose of establishing or maintaining an electric light plant, a water works system, or either of them. Section 25. Eminent Domain. All rights of eminent domain and all rights and powers to condemn property conferred by this Act upon said city, upon said mayor and council, or upon any officer of said city shall be exercised in accordance with section 4657 to 4686 both inclusive of the Code of Georgia of 1895 and acts amendatory thereof. Section 26. Water and Lights. Said mayor and council shall have full power and authority to make and adopt all ordinances, rules and regulations they may deem proper for maintaining, operating and carrying on water works and electric light system of said city for supplying Page 3031 water and lights for said city and the inhabitants thereof and charging and collecting therefor. Section 27. Public Works. Said mayor and council are hereby authorized to make all necessary and proper arrangements for work on the public streets and public works of said city and to provide rules and regulations for the working of persons sentenced to confinement at labor for violations of ordinances of said city. Section 28. General Welfare. Said mayor and council shall have full power and authority to make, adopt and enforce all ordinances, by-laws, rules and regulations which they may deem proper for the security of the peace, health, morale, good order and general welfare of said city and the inhabitants thereof, and for the protection of the property, rights and interests of said city. Section 29. Punishment for Violation of Ordinance. Said mayor and council shall have full power and authority to prescribe by ordinances adequate penalties for the violations of any of the ordinances, rules and regulations of said city; such penalties not to exceed for any such violation a fine of one hundred dollars, imprisonment in the calaboose or building used for that purpose for sixty days and confinement at labor on the public works of streets of said city, sixty days. Section 30. Mayor's Court. Said mayor shall have full power and authority to hold a mayor's court for said city for the trials of persons charged with the offenses against the ordinances of said city and to impose such penalties for the violation of such ordinances as may be prescribed by ordinances of said city. Such court shall be held at such times and places and under such rules and regulations as may be fixed and prescribed by ordinances of said mayor and council. The mayor and council may, if they so desire and it appears to be for the best interest of said city, appoint a recorder who shall hold mayor's court in the manner stipulated in this section. Section 31. Appearance Bonds. Any police officer of Page 3032 said city shall have authority to release any person arrested for violating any such ordinance of said city upon such person giving bond payable to said city in an amount and surety to be approved by the chief of police or mayor of said city conditioned for the appearance of such person or persons before said mayor's court at the time and place specified in said bond and from time to time until he shall have been tried for the offense for which he shall have been arrested. Provided, the authorities of said city may refuse to release on bond any person whose appearance in said city would likely be dangerous, indecent or in violation of any ordinance of said city. Section 32. Forfeiture of Appearance Bond. If any person so released shall fail to so appear for trial, such bond shall be forfeited; and a rule nisi shall be issued requiring him and the surety upon such bond to show cause before said court at a time not less than sixty days from the date of such rule why such bond shall not be absolutely forfeited. Copies of said rule shall be served upon the person or persons to whom it shall be directed at least twenty days before the return day thereof personally or by leaving the same at the most notorious place of abode of the person to be served, or by publishing same once a week in a newspaper in said city. If at the time such rule is made returnable no sufficient cause to the contrary shall be shown the forfeiture of said bond shall be final and absolute, and execution shall issue for the full amount thereof and all costs against the principal and sureties thereon or such of them as shall have been served. Such execution shall be signed by the clerk and mayor of said city, shall be directed to all police officers of said city and to all and singular the sheriffs and constables of this State, shall have the same lien and binding effect upon the property of the defendants therein as executions issued upon judgment in superior courts and shall be levied by any officer to whom it shall be directed. Provided, that said policemen or arresting officers of said city, when the emergencies of the occasion demand it, may require cash bonds for the appearance of such arrested person or persons and upon their failure to appear at the trial thereof said cash Page 3033 bonds may be regarded as fines and so assessed by said mayor of said city. Section 33. Ad Valorem Tax. For the purpose of raising revenue for the support and maintenance of the government of said city and defray the ordinary current expenses thereof, said mayor and council shall have full power and authority and it shall be their duty, to provide by ordinance for the levy and collection of an ad valorem tax on all real and personal property within the incorporate limits of said city. Said levy shall be fixed after the return and assessment of said property as provided in the preceding sections hereof and before the first day of October in each year. All taxes so levied shall be due and collectible on the 20th day of December of the year for which they shall be levied. The clerk shall issue executions on all property for which taxes are not paid by December 20th and proceed to advertise and levy upon same as provided by law pertaining to the collection of ad valorem tax. All taxes not paid by December 20th or when due shall bear interest at the legal rate from date when same were due. Section 34. Licenses. Said mayor and council shall have full power and authority to require all persons, firms, companies or corporations engaged in prosecuting or carrying on any trade, business, calling or avocation within the corporate limits of said town to register their names and businesses, calling, trades, avocations and professions annually and to require them to pay for such registration and for license to engage in, prosecute or carry on the same, not exceeding one hundred dollars per annum. This restriction does not apply to the business of selling spirituous or intoxicating liquors. Section 35. Shows, Exhibitions. Said mayor and council shall have full power to pass such ordinances as they may deem proper in regard to granting license or not granting licenses to theatrical companies or performances, or for shows or other exhibitions; the price to be paid for such licenses when granted, shall not exceed one hundred dollars for each performance or exhibition. Page 3034 Section 36. Games, Etc. Said mayor and council shall have full power and authority to license billiard tables and ten pin alleys, shooting galleries, and all public billiard tables kept or used for the purpose of playing or renting and all public ten pin alleys and nine pin alleys of any kind which are kept or used for the purpose of renting the same and charge for said license a sum not exceeding one hundred dollars each. Section 37. Brokers, Pawnbrokers. Said mayor and council shall have full power and authority to assess a tax of not more than three hundred dollars per year upon all persons carrying on the brokerage business in said city in addition to all other tax in said city they may pay. They shall have power to license pawnbrokers, to define by ordinance their powers and privileges; to impose taxes upon them; to revoke their license; and generally exchange such superintendence over pawnbrokers as will insure fair dealing between them and their customers. Section 38. Itinerant Traders. Said mayor and council shall have power to levy and collect from itinerant traders, who may, directly or indirectly, by themselves or others, sell any goods, wares or merchandise in said town, such tax as to them may deem proper. Section 39. Executions. Said mayor and council shall have authority and power to provide by ordinance for the issuance of executions against the property of any person or persons who shall fail to pay when due to said city any tax, license fee, assessment, or any liability for the use of water or lights; and all such executions shall operate as tax executions. Section 40. Expenses. The annual expenses of said city shall be so restricted as not to exceed the annual income thereof. Section 41. Bonds. Said mayor and council shall have the power and authority to contract debts and issue bonds Page 3035 of said city under and in accordance with the limitations provided in the Constitution of this State; from funds arising from the sale of any bonds thus issued to establish and maintain a system of waterworks, a system of lights, public buildings or any other improvement, convenience or necessity for the use or convenience of the citizens of said city; to create a debt and issue bonds of said city for any other lawful purpose under the limitations herein stated and to levy a tax upon the assessed property in said city to discharge said debts not to exceed the limitations as set out in the Constitution of Georgia in Section 2-6001 thereof. Section 42. Passage of Ordinance to Increase Indebtedness. No order, ordinance or resolution having for its object the increase of the indebtedness of said city or the expenditures of the revenues or moneys thereof shall take effect or become binding until the same shall have received a majority vote of said council; when any ordinance, resolution or order is passed or made, any councilman may give notice of a motion to reconsider the same and such notice shall operate to delay the force and effect of the same until such consideration can be had at the next regular meeting of the mayor and council. Any member shall have the right to call for the ayes and nays which shall be recorded on the minutes. Section 43. Counsel. Be it further enacted, that the mayor and council of the City of Acworth shall have power and authority to employ competent counsel for said city whose salary or compensation, term of office and duties shall be fixed by ordinance. Section 44. Franchises. Said mayor and council shall have executive power and authority to grant franchises to a person or persons, firm or corporation for the purpose of erecting water systems, light systems, gas systems and telephone systems, and for any other purpose for which the public streets of said city are used. Section 45. Registration of Voters. Said mayor and Page 3036 council shall have power and authority to provide for the registration of voters prior to any municipal election in said city; to make all needful rules and regulations for the same; and to require that no persons be permitted to vote unless registered as aforesaid. Section 46. Justice of the Peace Powers of Mayor and Councilmen. Said mayor and each of said councilmen shall have power and authority of justice of peace to issue warrants for offenses committed within the corporate limits of said city or upon property mentioned in the preceding sections hereof, to bind over offenders in bailable cases to the proper court in Cobb Couty, and to submit to the jail of said county for trial before such court, offenders in cases not bailable and cases in default of bond. Such warrant shall be directed to the police officers of said city and shall be executed by them. It shall be the duty of said jailer of said county to receive all persons to committed and safely keep them until discharged by due cause. Section 47. Permanent Registration Book. Said mayor and council shall require the clerk to keep a book to be known as The Permanent Registration Book of the Electors of said City in which the electors of said city shall sign said book upon an oath containing therein substantially the following: I do solemnly swear that I have resided within the limits of the City of Acworth for sixty days, and that I am qualified to vote for members of the General Assembly of the State of Georgia, in the County of Cobb. No person not so registered shall be allowed to vote in any election. Section 48. Registration. It shall be the duty of the city clerk to keep said permanent registration book open daily during such reasonable hours as may be prescribed by the mayor and council, to enable the electors of said city to register therein; provided, that no person registering therein shall be required to again register as a qualified voter of said city so long as said voter remains a resident of said city, it being the purpose of this Act to provide a permanent system of registration for said city. Page 3037 Section 49. Voters' List. Whenever any general or special election is to be held in said city, it shall be the duty of the clerk to close said registration book thirty days before said election and turn over the same to the mayor, who shall, with the advice and consent of the councilmen, appoint a board of three registrars, whose duty it shall be to make from said books a list of voters for such election; and in making said list the registrars shall exclude the names of all persons on the registration list who registered less than thirty days before said election as well as those who have died, removed from the city limits or who have disqualified themselves in any way as legal voters. The list of voters so made up by the registrars shall be furnished to the managers of the election, and no person whose name does not appear on said list shall be allowed to vote in said election unless he produces a certificate signed by the registrars that his name was omitted by accident or mistake. The mayor and council shall provide a reasonable compensation for the work done by the registrars. Section 50. Voters' List. There may be an appeal from decision of board of registrars as to the right of a person to register, to a committee of three registered voters of said city previously appointed by the mayor and council for that purpose, whose decision shall be final. All appeals shall be made, heard and determined within five days from the time the appeal shall be filed. After all appeals are decided it shall be the duty of the clerk of registrars to make a correct list of the registered voters and furnish the managers of the election a certified copy of same. The registration book shall be open to the inspection of the public at all times during office hours. The said committee of registrars shall have the authority to purge said registration list of all illegal voters upon three days notice to the person or persons who have registered illegally or are disqualified. Notice may be given by letter addressed to said illegally registered persons by mailing same to him at Acworth, Georgia. Section 51. It shall be the duty of the clerk of registrars to furnish the managers of the election at or before Page 3038 the opening of the polls on the day of election, with a complete list of registered voters arranged in alphabetical order, certified to under the hand of the clerk of the registrars, and the corporate seal of the city. Same. Section 52. Sanitary Department. 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 of said city, elect their 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 Acworth 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 service. Section 53. Sewerage and Drainage. The mayor and council of said city are invested with full power and authority to establish, equip, maintain, extend and improve, a system of sewerage and drains in said City of Acworth and to adopt ordinances and such regulations and rules as may be needful and necessary in connection with the same, including such charges as may in the discretion of said mayor and council may seem reasonable and proper for sewer connections and/or service, which said charge shall be enforceable in the same manager that charges for water furnished by said city are enforced. Section 54. Water, Lights, Gas, Etc. The mayor and council of said City of Acworth 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; they shall have a right to require of each consumer a deposit, which may vary according to the estimated consumption, to insure the payment for such service; to shut off and refuse to furnish water, heat, electric lights, electric energy or power, gas or other commodity, where deposit is not made and where payment is not promptly paid and to enforce by execution against any Page 3039 consumer or person to be served, and enforce in the same manner as tax executions are issued and enforced. Section 55. Streets, Sidewalks, Etc. The mayor and council of said city shall have the power and authority, in their discretion, to grade, pave, macadamize and otherwise improve the travel and drainage of the sidewalks, streets, squares, public lands, alleys and parks of said city. In order to carry into effect the authority of the above, they shall have the right to assess the costs of such improvements or any part thereof on the real estate abutting upon said street, sidewalk, public lanes, alleys or parks of said city. Section 56. Building Permits. The mayor and council of said city shall have the right and power to require permits to be obtained for the purpose of erecting any building within the City of Acworth and to require that any person, firm or corporation conform to the standard building codes in the construction and erection of said buildings. Section 57. Soliciting of Funds. The mayor and council shall have the authority to regulate or prohibit the soliciting of funds in the City of Acworth. Section 58. Not less than 20 nor more than 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 mayor and council of the City of Acworth to issue the call for an election for the purpose of submitting this Act to the voters of the City of Acworth, the corporate limits of which city are defined in section 1 hereof, for approval or rejection. The mayor and council shall set the date for such election for a day not less than 20 nor more than 30 days after the date of the issuance of the call. The mayor and council 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 Cobb County. The ballot shall have written or printed thereon the words: Referendum. Page 3040 For approval of the Act creating a new charter for the City of Acworth. Against approval of the Act creating a new charter for the City of Acworth. 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 the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are 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 Acworth. 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 result of the election. It shall be their further duty to certify the result thereof to the Secretary of State. Section 59. 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, Cobb County. Personally appeared before the undersigned officer, in and for said State and County, Margaret H. Smith, who, after being duly sworn, deposes and states upon oath that she is the comptroller of the Marietta Daily Journal, a newspaper and the official organ of Cobb County, Georgia, in which sheriff's advertisements are published, and that the following is a true and correct copy of a notice of intention to apply for local legislation which notice was published in said newspaper in issues dated Dec. 28, 1956; Jan. 4, 1957; Jan. 11, 1957. /s/ Margaret H. Smith. Page 3041 Sworn to and subscribed before me, this the 1st day of February, 1957. /s/ Jamie Gaston, Notary Public, Cobb County, Georgia. My Commission Expires October 24, 1959. (Seal). M-2029. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1957 session of the General Assembly of Georgia, a bill, An Act to create a new charter for the City of Acworthand for other purposes, being an act to amend and replace an act of the General Assembly of Georgia approved August 17, 1903, and the acts amendatory thereof, entitled Acworth Charter amended. This 26th day of December, 1956. Fred D. Bentley, Senator-Elect Thirty-Ninth Dist. Eugene W. Holcombe, Harold S. Willingham, Representative-Elect of Cobb County. 12:28; 1:4-11 Approved March 13, 1957. Page 3042 CITY OF GAINESVILLE CHARTER AMENDED. No. 373 (House Bill No. 601). An Act to amend the charter of the City of Gainesville by defining the boundaries of the wards of said city, repealing conflicting laws and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The charter of the City of Gainesville is hereby amended by designating and defining the three wards of said city, and the boundaries of said wards as follows: (a) Ward No. 1 shall be known and designated as follows: Beginning at the center of the intersection of Broad Street and Green Street, thence running in a northerly direction along the center of Green Street and Riverside Drive and along the western boundary of the American Legion property to the most westwardly point of the said property, thence north 60 degrees east along a line parallel to the north line of land lot 141 for a distance of 880 feet, more or less, to the high water mark on the north bank of the Chattahoochee River which is the city limits; thence along the city limits in a northwesterly direction to a point where the said city limits intersects the center of West Broad Street; thence along the center of Broad Street in an easterly direction to the beginning point. Wards. (b) Ward No. 2 shall be known and designated as follows: Beginning at the center of the intersection of Broad Street and Green Street, thence, running in a westerly direction along the center of Broad Street to a point where the said center line intersects the city limits; thence in a southeasterly direction along the city limits to a point where the said city limits intersects the center of Athens Street; thence in northwesterly direction along the center of Athens Street and Green Street to the beginning point. Page 3043 (c) Ward No. 3 shall be known and designated as follows: Beginning at the center of the intersection of Broad Street and Green Street, thence running in a northerly direction along the center of Green Street and Riverside Drive and along the western boundary of the American Legion property to the most westwardly point of the said property, thence north 60 degrees east along a line parallel to the north line of land lot 141 for a distance of 880 feet, more or less, to the high water mark on the north bank of the Chattahoochee River which is the city limits; thence in a southeasterly direction along the city limits to a point where the said city limits intersects the center of Athens Street; thence in a northwesterly direction along the center of Athens Street and Green Street to the beginning point. Section 2. 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, now in session, for the passage of an Act to amend the charter of the City of Gainesville by defining the boundaries of the wards of said city, repealing conflicting ordinances and for other purposes. This notice is given in compliance with Section 2-1915 and Section 47-801 of the Code of Georgia Annotated. This the 24th day of January, 1957. R. M. Knickerbocker, Mayor City of Gainesville, Georgia. Affidavit. Howard T. Overby and William B. Gunter personally appeared before the undersigned officer authorized to administer oaths and after being duly sworn depose and say: Page 3044 That the attached and foregoing notice of local legislation was published in the Daily Times, the official organ for Hall County, Georgia, 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 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/ Howard T. Overby. Sworn to and subscribed before me this 16th day of February, 1957. /s/ Virginia W. Campbell, Notary Public, Georgia, State at Large. (Seal). Approved March 13, 1957. CLERKS FOR OFFICE OF SOLICITOR IN CERTAIN COUNTIES. No. 374 (House Bill No. 592). An Act to amend an Act providing for the appointment of a clerk for the office of the solicitor of the City Court of all counties of this State having a population of not less than 108,000 and not more than 112,000 according to the United States Census of 1950 or any future United States Census, to provide for such clerk's Page 3045 authority, duties and compensation, and repeal all Acts in conflict therewith. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same as follows, to-wit: Section 1. (a) In all counties in this State having a population of not less than 108,000 and not more than 112,000 according to the United States Census of 1950 or any other future census of the United States, the solicitor of the city court of said county shall have the right and authority to appoint a clerk for the office of the solicitor of said city court, to serve at the pleasure of the solicitor. Clerk, salary. (b) The said clerk shall have such authority and perform such duties as may be delegated or required by the appointing Solicitor. (c) The salary of such clerk shall be $300.00 per month to be paid monthly out of the county treasury of the county of such clerk's appointment. Section 2. 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 13, 1957. CITY OF ATLANTA CHARTER AMENDED. No. 376 (House Bill No. 510). 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 Page 3046 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 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. In addition to the group life insurance now provided for by the charter as amended, the mayor and board of aldermen are authorized to contract for additional group life insurance sufficient to provide a maximum of $10,000.00 on the life of each officer or employee of the City of Atlanta in such groups and in such classifications as it deems proper, provided that the payment by the officer or employee shall not exceed 70 per thousand per month. The balance of the cost required to pay for such group insurance shall be paid by the City of Atlanta except as to those employed by the board of education which shall be paid by the board of education. No officer or employee shall be compelled to take such additional insurance but if he voluntarily elects to do so the comptroller shall be authorized to deduct the contributions of such officer or employee from the salary or wages of the officer or employee so insured if he is an employee of the city and the board of education is authorized to deduct the contributions of its employees. Group life insurance. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia... Fulton County. Personally appeared before me, the undersigned, Ralph McClelland, author of the attached bill, who, after being Page 3047 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 there 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 1957 session of the General Assembly, which convenes on Monday, January 14, 1957, 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. This December 20, 1956. Charlie Brown, Senator 52nd District. M. M. (Muggsy) Smith, J. Ralph McClelland, Wilson Brooks, Representatives, Fulton County, Georgia. Dec 20 27 Jan 3 10 This 12th day of February, 1957. /s/ Ralph McClelland. Page 3048 Sworn to and subscribed before me this 12th day of February, 1957. /s/ Amelia Smith, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 13, 1957. CITY OF DOUGLAS CHARTER AMENDED. No. 377 (House Bill No. 374). An Act to amend the Act approved the 20th day of December, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, vesting in the City of Douglas, acting by and through its board of commissioners, authority to close that portion of Shirley Avenue from Ward Street south to Bryan Street, and that portion of Ward Street from its interaction with Georgia State highway No. 32 westward to the east line of Seymour Avenue extension; 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 there is hereby vested in the City of Douglas, acting by and through its board of commissioners, the power and authority to close that portion of Shirley Avenue in said city which runs from Ward Street south to Bryan Street, and that portion of Ward Street in said city which runs from its intersection with Georgia State highway No. 32 westward to the east line of Seymour Avenue extension. Authority to close street. Section 2. That all laws or parts of laws in conflict herewith are repealed. Page 3049 Section 3. That there is hereto attached and made a part hereof a copy of the notice of intention to apply for enact hereof, with the affidavit of the publisher of the newspaper in which sheriff's advertisements for the locality affected are published, said affidavit 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, in the General Assembly. Notice of Intention to Apply for Local Legislation for the City of Douglas, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1957, for the passage of a bill entitled: An Act to amend the Act approved the 20th day of December, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, vesting in the City of Douglas, acting by and through its board of commissioners, authority to close that portion of Shirley Avenue from Ward Street south to Bryan Street, and that portion of Ward Street from its intersection with Georgia State highway No. 32 westward to the east line of Seymour Avenue extension; and for other purposes. This 14th day of January, 1957. G. H. Mingledorff, City Attorney for the City of Douglas, Georgia. Georgia, Coffee County. Personally appeared before me, a notary public in and for the State of Georgia, at large, the undersigned, who on oath certifies and says that he is the publisher of the Coffee County Progress, the newspaper published in the City of Douglas in which the sheriff's advertisements Page 3050 for said County of Coffee 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 17, January 24, and January 31, all in the year 1957. /s/ Shelby W. Davis. Sworn to and subscribed before me, this 1 day of February, 1957. /s/ Melvin C. Waters, Notary Public for the State of Georgia, at Large. Notarial Seal. Notice to Apply for Local Legislation for the City of Douglas, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening in January, 1957, for the passage of a bill entitled: An Act to amend the Act approved the 20th day of December, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, vesting in the City of Douglas, acting by and through its Board of Commissioners, authority to close that portion of Shirley Avenue from Ward Street south to Bryan Street, and that portion of Ward from its intersection with Georgia State Highway No. 32 westward to the east line of Seymour Avenue extension; and for other purposes. This 14th day of January, 1957. G. H. Mingledorff, City Attorney for the City of Douglas, Georgia. 1-17,24,31 Approved March 13, 1957. Page 3051 LAURENS COUNTYTREASURER'S SALARY. No. 382 (House Bill No. 566). An Act to amend an Act creating the office of treasurer in and for Laurens County, approved August 11, 1923 (Ga. L. 1923, p. 282), as amended, particularly by an Act approved February 15, 1949 (Ga. L. 1949, p. 582), so as to change the amount of compensation paid to the treasurer; 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 treasurer in and for Laurens County, approved August 11, 1923 (Ga. L. 1923, p. 282), as amended, particularly by an Act approved February 15, 1949 (Ga. L. 1949, p. 582), is hereby amended by striking from section 3 the words and figures eighteen hundred ($1,800.00) dollars, and the words and figures one hundred and fifty ($150.00) dollars, and substituting in lieu thereof the words and figures two thousand four hundred dollars ($2,400.00) and the words and figures two hundred dollars ($200.00), respectively, so that section 3, as so amended, shall read: Section 3. That the treasurer of the said County of Laurens shall receive a salary of two thousand four hundred dollars ($2,400.00) per year, to be paid monthly out of the funds belonging to said county, at the rate of two hundred dollars ($200.00) per month; provided, however, that the premium on bond of said treasurer herein provided for shall be paid by the County of Laurens. That the treasurer of said county before entering upon his duties as such will execute a bond in some solvent surety company in the sum of twenty-five thousand dollars ($25,000.00) payable to the ordinary of said county and his successors in office for the use of Laurens County, and should it appear during his term of office that said bond is not sufficient to cover an Page 3052 amount that shall fully protect the funds of said county at all times, that the board of commissioners of roads and revenues in and for said county shall have a right to assess and increase said bond to such an amount as will fully protect the funds of said county at all times; and in the event said bond should be increased as hereinbefore provided and said treasurer should fail and refuse to make said bond, then the office of said treasurer shall be declared vacant and an election held as provided by the general laws for the election of a treasurer, that said bond so executed by the treasurer shall be approved by the ordinary of said county and filed in his office. Treasurer's salary. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. At the special request of the Laurens County commissioners and by virtue of a written resolution passed by said body, the undersigned will introduce in the present session of the General Assembly of Georgia an Act to fix the salary of the treasurer of Laurens County at two hundred ($200.00) dollars per month; to provide an effective date for said Act; to repeal conflicting laws; and for other purposes. /s/ Rubert L. Hogan, Rubert L. Hogan, Representative, Place No. 1, Laurens County, Ga. /s/ Paul J. Jones, Jr., Paul J. Jones, Jr., Representative, Place No. 2, Laurens County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Paul J. Jones, Jr., who, on oath, deposes and says that he is representative from Laurens County, and that the foregoing Page 3053 notice of intention to introduce local legislation was published in the Dublin Courier Herald which is the official organ of said county, on the following dates: January 26, February 2, and February 9, 1957. /s/ Paul J. Jones, Jr., Representative, Laurens County. Sworn to and subscribed before me this 14 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Notarial Seal Affixed. Approved March 13, 1957. CITY OF CARROLLTON CHARTER AMENDED. No. 383 (House Bill No. 35). An Act to amend an Act approved August 4, 1925, entitled: An Act to amend an Act approved September 9, 1891, amending, consolidating, and superseding the several Acts incorporating the City of Carrollton in the County of Carroll, providing a new charter for the same, and the several Acts amendatory therefor, so as to authorize and empower the City of Carrollton, by its mayor and council to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and improve the same by paving, macadamizing and drainage the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of ten percent yearly for ten years to Page 3054 provide for the issuance of bonds as the City of Carrollton by its mayor and council to be known as Street Improvement Bonds, and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, 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 from and after the passage of this Act approved August 4, 1925, (Ga. L. 1925, p. 950), entitled: An Act to amend an Act approved September 9, 1891, amending, consolidating, and superseding the several Acts incorporating the City of Carrollton in the County of Carroll, providing a new charter for the same, and the several Acts amendatory therefor, so as to authorize and empower the City of Carrollton, by its mayor and council to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Carrollton, and to improve the same by paving, macadamizing, and draining the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of ten percent yearly for ten years to provide for the issuance of bonds as the City of Carrollton by its mayor and council to be known as Street Improvement Bonds, and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid, and for other purposes and the several Acts amendatory thereof, are hereby amended as follows: Section 2. Said Act, as amended, is further amended by striking the provisions of section 10, and inserting in lieu thereof a section to be known as section 10 and to read as follows: Page 3055 Section 3. Be it further enacted by the authority aforesaid, that said City of Carrollton, by its mayor and council, after the expiration of 30 days from the passage of said ordinance confirming and levying said assessments for street improvements shall by resolution provided for issuance of bonds in the aggregate amount of such assessments remaining unpaid, bearing date 15 days after the passage of the ordinance levying said assessments and of such denominations as the said City of Carrollton, by its mayor and council, shall determine. One-tenth in amount of any such series of bonds with the interest upon the whole series to that date shall be payable on the 15th day of November next proceeding the maturity of the first installment of the assessments, and interest, and one-tenth thereof with the yearly interest upon the whole amount remaining unpaid shall be payable on the 15th day of November in each succeeding year until all shall be paid. Should any assessments providing for and levied under the provisions of this Act, and the amendments thereto, be not paid, together with all interest, when due by the person or persons owning the lot or lots or tracts of land liable for the same, then the said mayor and council of the City of Carrollton for the purpose of preventing a default in the street improvement bonds issued and based upon such assessment or assessments in whole or in part, shall have the right to temporary advance out of the general funds and monies of the City of Carrollton the amount of such defaulted assessment or assessments for the purpose of paying promptly as due the street improvement bonds that may be due in any given year; and the said assessments or assessments with interest so temporary advanced shall not be considered to have been paid and satisfied by the owner or owners of the said lot or lots or tracts of land liable for the same, nor shall the lien or the assessment against said lot or lots or tracts of land be divested, but said line and assessments shall continue to be of force and be subject to the enforcement and collection by said mayor and council of the City of Carrollton under all the provisions of said Act and all Acts amendatory thereto; and said City of Page 3056 Carrollton is hereby declared to be the absolute owner of any such lien or liens, assessment or assessments or execution or executions. Such bonds shall bear interest at a rate not exceeding seven per cent (7%) per annum from the date until maturity, payable annually and shall be designated as street improvement bonds, and shall on the face thereof recite the street or streets, part of street or streets or other public places for the improvement of which they have been issued. Said bonds shall be signed by the City of Carrollton, by its mayor and attested by the clerk, and shall have the impression of the corporate seal of such city thereon and shall have interest coupons attached and all bonds issued by authority of this Act shall be payable to bearer in such places within or without the State of Georgia as shall be designated by said mayor and council. Said bonds shall be sold at not less than par, and the proceeds thereof applied to the payment of the contract price and other expenses by the said mayor and council, 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, and the portion thereof which shall be necessary to pay other expenses incident to and incurred in providing for said improvements shall be sold or otherwise disposed of as the said mayor and council shall direct. Bonds. Said bonds may be registered by the city clerk in a book to be provided for that purpose and certificates of registration by the clerk of said city shall be endorsed upon each of said bonds. Section 4. Be it further enacted by the authority aforesaid that all laws and parts of laws conflicting herewith be and the same are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation in the regular session of the January 1957 session of the State of Georgia legislature, which meets on the 2nd Monday in January 1957, to permit the Page 3057 mayor and council of the City of Carrollton to make temporary advances, out of the general funds and monies of the City of Carrollton, Georgia the amount of any default assessment or assessments for the purpose of paying promptly as due all street improvement bonds. To provide for the collection of all assessment or assessments with interest so temporary advanced; and for other purposes. /s/ Mayor and Council Mayor and City Council of Carrollton. Georgia, Carroll County. Personally appeared before me, an officer authorized to administer oaths, Stanley Parkman, who after being duly sworn says that he is editor of the Carroll County Georgian, legal organ for the County of Carroll for the year of 1956, and 1957, and the foregoing was published in said paper on the 15th, 21st and 29th days of November 1956, as provided by law. /s/ Stanley Parkman Sworn to and subscribed before me this 14th day of January 1957. /s/ Patricia W. Hughes. Approved March 13, 1957. MUNICIPAL COURT OF AUGUSTA. No. 384 (House Bill No. 573). An Act to amend an Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex officio of the peace and the office of constable in the City of Augusta; to establish and Page 3058 create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes, together with all the amendatory Acts thereof; to revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond; to provide for the election of judge thereof and the appointment of all other officers; to increase the jurisdiction of said court; to establish and revise the rules of procedure; to provide for trial by jury of six members; to repeal all conflicting and unnecessary 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 Acts of the General Assembly Acts 1931, pages 270 to 285, approved August 28, 1931, and Acts of 1933, pages 299 to 307, approved March 24, 1933, and Acts of 1935, pages 505 to 508, approved March 21, 1935; and Acts of 1937-1938, Extra Session, pages 675 to 686, approved December 29, 1937; Acts 1945, pages 982 to 984, approved March 6, 1945, and pages 1158 to 1159, approved March 9, 1945; Acts of 1948 Extra Session, pages 2070 to 2073, approved February 25, 1949; Acts of 1949 to 1950, pages 2642 to 2646, approved February 17, 1950; Acts of 1951, pages 3345-3368, approved February 21, 1951; Acts of 1953, pages 2823-2824, November-December Session, approved December 18, 1953; Acts of 1953, pages 2627-2632; January-February Session, approved February 25, 1953; Acts of 1955, pages 3209-3213, approved March 7, 1955, all of which Acts relate to Municipal Court, City of Augusta, Richmond County, Georgia, be, and the same are hereby amended, and consolidated, by striking said Acts in their entirety, and amending them in their entirety, and inserting in lieu thereof the following, so that said Acts when Page 3059 amended shall read as follows, to-wit: Acts repealed. 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 a Municipal Court of the City of Augusta is hereby established and created, and that from and after January 1, 1933, and the election and qualification of the officers of said Municipal Court, no justice court, or justice of the peace or notary public ex officio justice of the peace, or constable shall have or exercise any jurisdiction, civil or criminal, within the incorporate limits of the City Council of Augusta as they now are, or may be hereafter defined. Jurisdiction. Section 2. Be it further enacted by the authority aforesaid, that said Municipal Court, City of Augusta, shall have concurrent jurisdiction within the County of Richmond, with the Superior Court and existing justice courts of said county, to try and dispose of all civil cases or proceedings of whatever nature, whether arising ex contractu or ex delicto, under the common law, or by statute in which the principal sum sworn to or claimed to be due, or the value of the property in dispute, does not exceed twenty-five hundred dollars, and of which jurisdiction is not vested by the Constitution and laws of Georgia exclusively in another or other courts. The criminal jurisdiction of the said Municipal Court shall not exceed the jurisdiction now or hereafter vested by law in the justice courts of this State, but such jurisdiction shall extend over the entire County of Richmond. Whenever the words principal amount sworn to or claimed to be due are used in this Act, it shall be held to mean the principal amount sued for, or the value of the property sued for or claimed, or the alleged amount of liens sought to be enforced by the plaintiff, or the alleged amount sought to be enforced by the defendant set off, or counter-claim, exclusively of and not computing interest, hire, attorney's fees and cost. Same. Section 3. Be it further enacted by the authority Page 3060 aforesaid, that the Municipal Court of the City of Augusta shall have jurisdiction to try and determine all distress warrants and dispossessory warrants, and proceedings to evict intruders and to dispossess and remove tenents holding over. The plaintiff in such proceedings shall have the right to direct the return of the same as to the issues to be tried thereon to either the Municipal Court of the City of Augusta or to the Superior Court of Richmond County, provided such election is stated in the warrant or affidavit at the time the same is issued, and if no such election is so stated said warrant or affidavit shall be returnable to the Municipal Court of the City of Augusta. And in the event that said warrant should be contested and triable in the Municipal Court of the City of Augusta, all issues of law and fact formed thereon by counter-affidavit or other-wise shall be tried by the judge of said court without the intervention of jury, unless a demand for jury trial is filed at the time of filing said warrant, affidavit, counter-affidavit or pleadings thereon, either by the plaintiff or defendant. Failure to file such a demand for trial by jury shall be deemed said jury trial to have been waived. Same. Section 4. Be it further enacted by the authority aforesaid, that there shall be a judge of said Municipal Court, whose term of office shall be four years and who shall be elected by the qualified voters of the County of Richmond quadrennially at the regular State election for the election of members of the General Assembly and in the same year in which presidential elections are held: Provided that the judge of said court first elected under the terms of this Act shall be elected on the third Wednesday in December, 1932, at the election to be held for that purpose; provided further that all qualified voters of the county resident in and/or outside of the City of Augusta shall be permitted to vote in the voting precinct in which they live in the same manner as they vote for other candidates for other State and/or county officers. Judge. Section 5. Be it further enacted by the authority aforesaid, that the judge of said Municipal Court shall Page 3061 be commissioned by the Governor, and before entering upon the duties of his office shall take the same oath required by law of Superior Court Judges; that any person who shall be elected Judge, or appointed clerk or sheriff of said Municipal Court must at the time of his election, or appointment, be a qualified voter of Richmond County, the judge of said court shall be a practicing attorney at law at least five (5) years immediately preceding his election; Provided further that the judge of said court shall be subject to the same restrictions as imposed by law upon the Superior Court judges prohibiting practicing law. Same, oath and qualifications. Section 6. Be it further enacted by the authority aforesaid, that every vacancy in the office of judge of said Municipal Court, occasioned by death, resignation, or other cause shall be filled by appointment of the Governor for the unexpired term thereof. Same, vacancy. Section 7. Be it further enacted by the authority aforesaid, that the judge of said Municipal Court is hereby clothed with the same powers and authority as is conferred by the Constitution and laws of this State upon a justice of the peace, and with such additional rights, powers, and jurisdiction as is provided by the terms of this Act; that said judge of said Municipal Court shall have the power and authority, under the limitations set out in this Act, to hear, determine, and dispose of all cases and actions, civil, criminal, of which said court has jurisdiction, and to give judgment and execution therein; to hold court from day to day continuously, if necessary to the dispatch of the business of said court. The judge of said court shall have the same power to preserve order, to compel obedience to his orders, to inflict summary punishment for contempt, to enforce the judgment of his court, as is given by law to the judges of the Superior Courts of this State; provided, however, that said judge shall have no power to impose punishment for contempt exceeding a fine of one hundred dollars ($100.00) and/or thirty (30) days in the county jail. The judge of said Municipal Court shall have, in addition to the Page 3062 powers enumerated in this section, all the powers, prerogatives, and authority, in matters wherein the subject matter and the amount involved are not beyond the jurisdiction of said court, that are conferred upon the judges of the Superior Courts, shall apply to the judge of said Municipal Court so far as the same may be applicable, unless inconsistent with the provisions of this Act. Same, authority and duties. Section 8. Be it further enacted by the authority aforesaid, that in the event the judge of said Municipal Court is from providential causes, or for any reason disqualified to act and/or unable to discharge the duties of his office, or from any causes disqualified from presiding, the judge of Municipal Court shall have the power to appoint some competent attorney resident in Richmond County, Georgia, said appointment to be concurrent with the term of office for which said judge making such appointment is elected, to preside in said court in his stead, and the attorney when so appointed, when the appointment is entered upon the minutes of the said Municipal Court, shall exercise all of the functions of the judge thereof. The compensation of said attorney for actual service as presiding judge shall be twenty dollars per diem, to be paid as the other officers of said court are paid. Judge pro hac vice. Section 9. Be it further enacted by the authority aforesaid, that the salary of the judge of Municipal Court shall be $8,280.00 per annum; the salary of the clerk of said court shall be $5,296.50 per annum, the salary of the chief deputy clerk or clerks shall be $3,712.50 per annum, and the clerk of said court shall have the power by and with the consent of the judge of said court to appoint two (2) deputy clerks at $3,341.00 salary per annum; and the clerk of said court shall have the power, by and with the consent of the judge of said court, to appoint one (1) deputy clerk, as the business of said court may demand, at a salary not to exceed ten ($10.00) dollars per diem. The salary of the sheriff of said court shall be $5,296.50 per annum, and the sheriff of said court shall have power by and with the consent Page 3063 of the judge of said court to appoint five (5) deputy sheriffs at $3,712.50 per annum. And with the consent of the judge of said court three (3) deputy sheriff or deputy sheriffs, as the business of said court may demand, at a salary not to exceed fifteen ($15.00) dollars per diem. Provided, nevertheless, that said deputy sheriff, clerk or deputy clerks or deputy sheriffs shall serve only during such time as both the judge, the clerk and/or the sheriff may deem their services necessary for the best interest of the court. Any such deputy clerk or deputy sheriff may be discharged by the judge, and/or clerk or sheriff at any time, and any such vacancy or vacancies thus created shall be filled in the same manner as such officers were originally appointed under this Act as amended. The compensation of all officers of said Municipal Court shall be paid monthly out of the treasury of Richmond County, Georgia, upon the warrants of the judge of said court by the officer or officers charged by law with paying out the money of said county and charged as a part of the court expenses of the said court. Section 10. Be it further enacted by the authority aforesaid, that the sheriff and the clerk of the Municipal Court, City of Augusta, shall be appointed by the judge of said court for a term of office to run concurrently with his own. The sheriff and the clerk of said court shall have authority, with the approval of the judge of said court, to name their deputies who shall hold office at the pleasure of the said sheriff or clerk as the case may be, subject to approval of the judge of said court. It is hereby further provided that the judge and all of the other officers of Municipal Court, City of Augusta, now serving their present term of office are hereby confirmed as the judge and other officers of the said court. Clerk and sheriff. Section 11. Be it further enacted by the authority aforesaid, that all of the requirements and duties, powers and authority imposed by law upon and conferred upon the clerk of Richmond Superior Court and the sheriff of Richmond County shall be obligatory upon and shall Page 3064 be vested in the clerk of said Municipal Court, and the sheriff of said Municipal Court, and the several deputies, respectively and shall be concurrent and co-existent with said clerk Superior Court and sheriff of Richmond County, except where inconsistent with or limited by the provisions of this Act defining the jurisdiction of said court; provided, however, that the amount of the bond of the clerk of said Municipal Court shall be ten thousand dollars, and the amount of the bond of the sheriff of said municipal court shall be ten thousand dollars, and the amount of the bond of deputy clerks of said Municipal Court shall be five thousand dollars, and the amount of the bond of deputy sheriffs of said Municipal Court shall be five thousand dollars; all such bonds to have as surety thereon a surety company doing business in this State and having an office and authorized to do business in Georgia, the premium of such bonds to be paid out of the county treasurer of Richmond County, Georgia. Same, bonds. Section 12. Be it further enacted by the authority aforesaid, that the clerk and deputy clerks of said Municipal Court shall have complete power and authority, co-existent and coordinate with the power of the judge of said court, under the provisions of this Act, to issue any and all warrants, civil or criminal, suits, and garnishments, writs of attachments, distress warrants, dispossessory warrants, warrants against intruders, warrants against tenants holding over, possessory warrants, bail trovers, and summary processes and writs which are issuable as a matter of right, to accept and approve bonds, and to discharge any and all other functions, which under the laws of this State are performable by a justice of the peace. And all deputy clerks, if and when so appointed under the terms of this Act, shall exercise all the functions and be subject to all the responsibilities and requirements of the clerk of said court. Section 13. Be it further enacted by the authority aforesaid, that said Municipal Court shall be a court of record, and shall have a seal, and the minutes, records, and other books and files, that are required by law that Page 3065 are to be kept by the Superior Court shall in the same manner, so far as the jurisdiction of said Municipal Court may render necessary, be kept in and for said Municipal Court; provided, that the clerk of said Municipal Court shall not be required to keep a book of final records, but shall preserve in suitable files all original papers in each case, which shall not be removed from said clerk's office without the permission of the judge of said court, and proper receipt being given to said clerk or deputy clerk of said court. Court of record. Section 14. Be it further enacted by the authority aforesaid, that with the exception of the judges of Richmond Superior Court and the judge of the City Court of Richmond County, the said Municipal Court shall have exclusive jurisdiction to sit as a court of inquiry to examine into accusations against persons arrested on warrants for offenses committed within the corporate limits of said city. Court of inquiry. Section 15. Be it enacted by the authority aforesaid, that all warrants, summary processes, writs, processes, garnishments, attachments, and suits issuing out of said Municipal Court, in which the principal sum claimed to be due or the value of the property in dispute does not exceed twenty-five hundred dollars ($2,500.00), shall be returnable to said Municipal Court in the same manner and under the same rules as such writs are required to be returned to the Superior Courts or the justice courts of this State, as the case may be, save and except as provided by the terms of this Act. Jurisdiction. Section 16. Be it further enacted by the authority aforesaid, that the general laws of this State in regard to commencement of actions in the Superior Courts, and defenses thereto, of whatever nature, the pleadings, the method of procedure and practice therein and in regard to the examination of the parties to suites or witnesses, by interrogatories or under subpoena, witnesses and their attendance, continuances, charge of the court, granting of new trials, and other matters of a judicial nature within the jurisdiction of said Municipal Court, shall be applicable Page 3066 to said Municipal Court, except as may be otherwise provided in this Act, provided, however, that all declarations in attachments in said court shall be filed before the call of the appearance docket at the term of said court to which such attachment is made returnable. Practice and procedure. Section 17. Be it further enacted by the authority aforesaid, that suits and garnishments in said Municipal Court shall in all respect be conformable to the mode of procedure in the Superior Courts, save as in this Act excepted; process to suit shall be annexed by the clerk of said court; bear teste in the name of the judge thereof, and be directed to and served by the sheriff of said court or his lawful deputies. All executions, warrants, writs and summary processes of any kind issuing from said Municipal Court shall be issued by the judge thereof; or in his name by the clerk or deputy clerks, and be directed to the sheriff and his lawful deputies of said Municipal Court and to all and singular the sheriffs and deputy sheriffs, and lawful constables of this State, and shall be executed by the sheriff or his deputies of said Municipal Court, or by any sheriff, deputy sheriff, or lawful constable or other peace officer, as now provided by law for such proceedings from the Superior Courts, or justice of the peace courts of this State. Same. Section 18. Be it further enacted by the authority aforesaid, (A) That the terms of said Municipal Court shall be held monthly, on the fourth Monday in each month; that suits, garnishments and attachments shall be filed in the clerk's office of said court at least fifteen days before the first day of the term to which they are returnable, and shall be served at least ten days before the first day of said term. The terms of said court shall end at twelve o'clock noon, on the fourth Monday in each month for the preceding term. The judge of said court shall call the appearance docket on the first day of each return term at twelve o'clock, Eastern Standard Time; and in all cases in which no answer has been filed before said docket is called by said judge, the judge on the call of Page 3067 the appearance docket shall mark the same In default, and no judgment shall be rendered in any such case until after the expiration of five days from the marking of said case in default. The right of opening such default shall be governed by the same rules of law now in force as to opening defaults in the Superior Courts of this State, whether judgment has been rendered in said case or not. Save and except that the defendant shall have the right to open such default as a matter of right upon the filing of his petition to open said default and payment of all accrued cost within the five day period aforestated. Terms, service, default judgments. Section 19. That in all cases in said court in which the principal sum claimed or the value of the property in controversy does not exceed fifty ($50.00) dollars, the rules of pleading as provided for in sections 15, 16 and 17 hereof shall not be required of parties prosecuting or defending any such action therein, and it shall not be necessary to paragraph either petition or answer; but no suit or proceeding, or answer thereto, shall be accepted or filed by the clerk of said court unless a substantial statement of the cause of action, or matters of defense, of whatsoever character, be first reduced to writing. No demurrer or special plea shall be required, but every defense in point of law or of fact may be taken advantage of in the answer; provided, that if the plaintiff shall verify his claim, or if a suit is brought on an unconditional contract in writing, the defendant shall be required to verify his answer. In the furtherance of justice the judge of said court shall permit any claim, suit, process, pleading, or record to be amended in form or in substance, or material supplemental matter to be set forth in an amended written pleading, and shall disregard any error or defect which does not affect the substantial rights of the parties; but no amendment presenting a new and distinct cause of action or new party or parties shall be allowed. Cases involving less than $50.00. Section 20. Be it further enacted by the authority aforesaid, that on the call of the appearance docket as Page 3068 hereinbefore provided, all cases may be assigned for trial by the judge of said court on a day within the term to which they are brought, unless continued for good cause shown, and in conformance with such rules and regulations of procedure now promulgated and of force, or which hereafter may be adopted in said court. If a case so placed on the trial calendar is not disposed of within ninety days from the first day of the term to which it is brought, it may be dismissed by the judge in the exercise of a sound discretion, without prejudice to a new one, and costs taxed against the delinquent party. Cases set for trial. Section 21. Be it further enacted by the authority aforesaid, that every case in said Municipal Court shall be tried by jury is filed in said court by the plaintiff, or his attorney, or by any other party seeking affirmative relief at the time such action or proceeding is instituted, or by the defendant, or his attorney on or before the day and time which he is required to appear in court in response to the proceedings against him. Upon the failure of a party to demand a trial by jury, he shall be held to have waived such right. Jury trials. Section 22. Be it further enacted by the authority aforesaid, that it shall be the duty of the clerk of said Municipal Court to prepare and file in his office from the list of the traverse jury of the Superior Court of Richmond County, as provided from time to time for such Superior Court, a list of the traverse jurors in said Municipal Court shall be drawn in the following manner; The clerk of said Municipal Court shall write upon separate tickets the names of such jurors, and shall number the same and place in a box prepared for that purpose. From it shall be drawn traverse jurors in the manner prescribed by law in the Superior Courts. All laws with reference to the drawing, selecting and summoning of traverse jurors in the Superior Court shall apply to said Municipal Court, under the limitation provided by the terms of this Act. Jurors. Section 23. Be it further enacted by the authority aforesaid, that all laws with reference to the qualification, Page 3069 relation, impaneling, challenging, and compensation of jurors, now in force in this State and the several Superior Courts, thereof, shall apply to and be observed in said Municipal court except as where in conflict with the terms of this Act. Same. Section 24. Be it further enacted by the authority aforesaid, that all jury trials in said court shall be by a jury of six. From said panel of traverse jurors drawn and summoned in accordance with the provisions of the Act, the judge of said Municipal Court shall cause to be made up at least one panel of jurors containing twelve jurors, and as many other jurors as may be in his discretion necessary, and all cases and issues to be tried by jury at such term of said Municipal Court shall be tried by a jury stricken from a panel of jurors thus drawn, plaintiff and defendant each being entitled to three peremptory challenges. In the event that said jurors should be reduced below twelve for any cause, or when upon challenge or from any other cause there shall not be a sufficient number of persons in attendance to complete the panel of jurors, the judge shall draw the tales jurors from the jury box of the court, and order the sheriff to summon the jurors so drawn; and when the sheriff or his deputy shall be disqualified to summon talesmen, they may be summoned by the sheriff of Richmond County or his deputies, or such other person as the judge may appoint. Juries. Section 25. Be it further enacted by the authority aforesaid, that all sales of personal property levied upon in the County of Richmond, under process of Municipal Court, or any other process, summary processes, or any other execution, executed by said municipal court officers, shall take place at the courthouse door during the legal hours of sale, at public outcry, on the Monday next following ten days advertisement by notice posted before the courthouse door, describing the property to be sold, the place and hour of sale, the name and residence of the owner of the property, and the style of the case in which the execution issued. Such sales to be conducted Page 3070 by the sheriff of said court or his deputy; provided, that sales of perishable property and sales on the premises may be made as provided by law; and provided, further, that in all cases where real estate is levied upon under a process from said court, the subsequent proceedings shall conform to the laws governing the sale of real estate, save and except that all advertisement and sales of said real estate shall be conducted by the sheriff of said court, or his deputy. Sales of property levied on. Section 26. Be it further enacted by the authority aforesaid, that the judge of the Municipal Court of the City of Augusta, shall have the same authority as the judge of the Superior Court to order a case reported, and he may direct the case reported when either party or counsel request it, or when in the discretion of the judge the ends of justice require that the case be reported. Whenever a case is reported in said court, either by agreement of parties or counsel, or by discretion of the court under the rule, the costs of such reporting shall be taxed equally against the parties to the case and shall be assessed as costs in the case under the same rules as prevail in the Superior Court, save that the charge for such reporting shall be 10 per hundred words for writing it out. If either party or his counsel object to the reporting of the case, the party so objecting shall not be charged with any expense of reporting the case unless the judge on preliminary investigation shall determine that the case is one that should be reported and shall direct it reported under the rule. Reporting of cases. Section 27. Be it further enacted by the authority aforesaid, that: (A) In all cases in said court wherein the principal sum claimed or the value of property in controversy does not exceed fifty dollars ($50.00), whether tried by jury or tried by the judge without a jury, the judgment of said court shall be conclusive, and no new trial shall be granted, provided, nevertheless, said case may be carried to the Superior Court by certiorari as provided by the general laws in reference to the writ of certiorari. Certiorari and appeals. Page 3071 (B) In all cases in said court tried by the judge thereof without a jury or tried by jury, in which the principal sum claimed or the value of the property in controversy exceeds fifty dollars ($50.00), upon announcement of the judgment by the court, or upon rendition of the verdict by the jury, any party or his counsel may make a written motion for a new trial within five (5) days after judgment is entered in said case. Unless said motion for new trial is made as herein provided, the parties shall be held to have waived their right to move for a new trial, except upon the grounds on which extraordinary motions for new trial may be made. Said motion may be heard at such time not exceeding thirty (30) days after the making of said motion as the court in its discretion may set for a hearing; provided, nevertheless, that upon the disposition of a motion for new trial by said Municipal Court, any party, plaintiff or defendant or claimant therein, may certiorari said case to the Superior Court of Richmond County under the general law of the writ of certiorari. (C) Be it further enacted by the authority aforesaid, and it is enacted by authority of the same, to-wit: From any final judgment of the said Municipal Court a writ of error shall lie to the Court of Appeals of Georgia, under the same rules that apply to writs of error from the Superior Courts of this State; provided, nevertheless, all bills of exceptions shall be presented to the judge of said Municipal Court not later than twenty (20) days from the rendition of the final judgment therein, and served and filed within ten (10) days from the date of the certificate of said judge. Section 28. Be it further enacted by the authority aforesaid, that all judgments obtained in said court shall be liens upon property belonging to the defendant or defendants, to the same extent and upon the same conditions as judgments of the Superior Courts of this State. Judgments. Section 29. Be it further enacted by the authority aforesaid, that from and after the passage of this Act it shall be necessary for the plaintiff, before or at the Page 3072 time of instituting any civil proceeding in said court, to deposit with the clerk of the said court the sum of three ($3.00) dollars upon the costs that will accrue therein: provided, nevertheless, if any plaintiff who may desire to institute any action in said court is unable from poverty to make the said costs deposit, he may make an affidavit to that effect and file the same with the proceeding sought to be sued out or instituted; whereupon it shall be the duty of the officers of said court to proceed with said matter as though said deposit had been paid. Provided, nevertheless, that the clerk of said court shall not be required to file any proceeding in which the plaintiff is a non-resident, and the amount involved, or the property in controversy, does not exceed one hundred dollars ($100.00), until five dollars ($5.00) shall have been deposited with the clerk, or the amount involved, or the property in controversy, exceeds one hundred dollars ($100.00), until ten ($10.00), shall have been deposited with the clerk, on account of costs. The court at any stage of such cause on motion of the clerk, shall require such additional deposit as the case may require. If the case be withdrawn or dismissed, or if, upon final judgment, the deposit exceeds the amount of the cost taxable by law, the clerk shall refund to the depositor the excess. Costs. Section 30. Be it further enacted by the authority aforesaid, that it shall be the duty of the judge of said court to see to it that the officers of his court are diligent in the collection of costs, and shall adopt such other measures and rules as will insure the payment of costs by the party or parties therefor. Same, collection. Section 31. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that on and after the passage of this Act, no officer of any justice court whose district lies in whole or in part without the limits of the City of Augusta, shall have authority to issue or serve any civil, quasi-criminal paper, process, or writ of any character, against any person, firm, or corporation residing in the City of Augusta, within the corporate limits of the City of Augusta, Page 3073 without regard to the location of the court from which said paper or process issued, nor shall any justice of the peace issue any criminal warrant for any misdemeanor or crime committed within the limits of the City of Augusta. Justice courts. Section 32. Be it further enacted by the authority aforesaid, that in the event any justice of the peace whose district adjoins the City of Augusta is disqualified from presiding in a particular case or refuses to serve in such case, or if such justice of the peace is sued and there is no other justice in his district who is qualified to act, said Municipal Court of Augusta shall have jurisdiction of such case concurrent with justice courts in other adjoining districts. Jurisdiction. Section 33. Be it further enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the justice courts, whether presided over by justice of peace or notary public ex officio justice of peace, whose districts lie partly within and partly without the corporate limits of the City of Augusta, and who have heretofore exercised jurisdiction throughout the City of Augusta, as well as those justice courts whose district lies within the corporate limits of the City of Augusta, shall have no jurisdiction over any person, firm, or corporation residing in the City of Augusta, and none of said courts shall have any jurisdiction to try any civil or criminal cause therein pending against any resident of the City of Augusta, except in the case of joint liability or joint tort-feasors or actions, or in the case of principal and surety where one of the parties is a resident of the district wherein the proceeding is instituted. All of said justice courts shall be without jurisdiction to try any civil or criminal case pending therein from and after the passage of this Act, against any resident of the City of Augusta, except in the case of joint makers, joint tort feasors or principal and surety, and only then if such court has jurisdiction over one of the parties sued who is a non-resident of the City of Augusta. Same. Page 3074 Section 34. Be it further enacted by the authority aforesaid: (A) That all cases, civil or criminal, pending and undisposed of, from and after the passage of this Act, in justice courts lying wholly within the City of Augusta shall be and they are hereby transferred to said Municipal Court for trial and disposition therein. All final and other processes in the hands of officers of said justice courts shall be by them returned to said Municipal Court, and the judge and other officers of said Municipal Court shall have power and authority to issue and enforce in the name of said Municipal Court any and all processes in any case from said justice courts necessary to the final disposition of the same, which from any cause have not been issued and enforced by the officers of said justice courts. All fi. fas, and final processes not satisfied in the hands of the officers of said justice courts, from and after the passage of the Act shall be levied by the officers of said Municipal Court. All records, books, and papers in cases disposed of and of file in said justice courts shall be filed and deposited with the clerk of said Municipal Court, and all property of parties to actions in said justice courts in the legal custody of the said court shall be delivered to the sheriff of said Municipal Court. It is hereby made the duty of said justices of the peace and/or constables to which this Act is applicable to comply with the provisions of this section; and any justice of the peace and/or constable who shall fail to transmit such suits, papers and documents, or to return such final or other processes, or to deliver the books and records or property in the custody of the courts, within three days after written demand for such transmission or delivery has been made by the clerk of said Municipal Court or any party at interest, shall be held in contempt of said Municipal Court, and be punished as provided in cases of contempt in the Superior Courts of the State of Georgia. The officers of said justice courts in this section referred to shall be entitled to all uncollected costs which have accrued in the cases in their respective courts so transferred up to the passage of this Act, upon Page 3075 the collection of the same by the officers of said Municipal Court. Same. (B) Be it further enacted by the authority aforesaid, that the provisions of preceding paragraph shall apply to the justices of the peace and justice courts whose districts are partly within and partly without the corporate limits of the City of Augusta in all cases, civil or criminal, jurisdiction of which will devolve upon said Municipal Court pending and undisposed of from and after the passage of this Act, and none other. Section 35. Be it further enacted by the authority aforesaid, that the board of county commissioners of Richmond County shall provide a suitable and convenient place for the holding of said Municipal Court of Augusta; and shall provide all necessary books, stationery, and filing cases for keeping the dockets, files and records of said court. Place of holding court. Section 36. Be it further enacted by the authority aforesaid, that a complete set of the published reports of the Supreme Court and the Court of Appeals of Georgia, and the Acts of the General Assembly of Georgia commencing with Acts of 1910 and the Code of 1933, shall be furnished by the State Librarian to the clerk of said court for the use of said court. Law books. Section 37. The scale of costs to be collected by the officers of the Municipal Court, City of Augusta, shall be graduated and divided according to classifications, depending upon the amount involved in each case or the nature of the case as follows: Costs. (A) Whenever the principal amount involved in the suit of a plaintiff or in the cross-action or counter-claim of the defendant does not exceed $50.00 principal, exclusive of interest and costs, the costs to be charged and collected by the officers of said court shall be as follows: (Cases not over $50.00) Each original summons $.50 Each copy of summons .50 Filing paper in any case .25 Seal .25 Affidavit and bond to obtain attachment and issuing same 2.00 Entering judgment in each case .50 Trial of each case when same is litigated .50 Docketing each case .50 Each witness sworn .25 Issuing each execution .50 Making out interrogatories and certifying same 1.25 Making out recognizances and return same to court .50 Each subpoena for witness .25 Issuing each distress warrant and filing 2.50 Each affidavit when no case is pending .50 Answering every writ of certiorari to Superior Court 4.00 Presiding at trial of forcible entry and detainer 2.00 Presiding at trial of right of way case 2.00 Issuing rule to establish lost papers 1.00 Trying same .50 Presiding at trial of nuisance case 1.00 Witnessing any paper .50 Affidavit and bond to obtain garnishment 1.50 Issuing summons of garnishment .50 Each additional summons .50 Setting case before judgment .50 Claim affidavit and claim bond .50 Trying same .50 Certifying transcript 1.00 Issuing order to sell perishable property 1.00 Each lien foreclosure and docketing same 2.00 Each order issued by the court 1.00 Each order tried by jury 1.00 Issuing commission to take interrogatories 3.00 Backing fieri facias .50 Rule nisi against officer .50 Trying same .50 Judgment on same .50 Each criminal warrant issued 2.00 Serving summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.00 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Collecting executions issued by tax collector 1.50 Keeping or storage of any motor vehicle, not to exceed per day .50 Keeping each dog, per day .50 Keeping horse, mule, ox or ass, per day 1.00 Keeping each head of neat cattle, per day .50 Keeping each head of sheep, goats or hogs .50 Keeping or Storage of household furniture or appliances (not to exceed per day) 1.00 All sales made by sheriff, amount on sales commission 6 per cent Serving rule to establish lost papers .70 Each additional copy .60 Serving each order issued by the court 1.00 Each additional copy .50 Following property out of county, going and returning per mile .10 Levying each distress warrant 2.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 1.00 Serving summons of garnishment 1.00 Each copy 1.00 For hauling or drayage or labor in handling of any property seized by virtue of process from Court not to exceed $1.00 per hour labor charges, and $5.00 per hour for use of any vehicle used in hauling or drayage. For towing or wrecker service for motor vehicle seized under legal process not to exceed $1.00 per mile, minimum charge for any vehicle seized within corporate limits, City of Augusta, not to exceed 2.50 Page 3078 (B) In all cases involving over $50.00 and up to $100.00 principal under above method of computing not including interest, hire, and costs, the costs to be charged and collected by the officers of said court shall be as set out in the following schedule: (Cases over $50.00, not over $100.00) Each original summons $.75 Each copy of summons .75 Filing papers in any case .50 Seal .25 Affidavit and bond to obtain attachment and issuing and filing same 3.00 Entering judgment in each case .75 Trial of each case when same is litigated 1.25 Docketing each case .50 Each witness sworn .35 Issuing each execution .75 Making out interrogatories and certifying same 2.00 Making out recognizances and returning same to court 1.00 Each subpoena for witness .25 Issuing each distress warrant and filing same 3.00 Each affidavit when no case is pending .75 Answering every writ of certiorari to Superior Court 4.00 Presiding at trial of forcible entry and detainer 3.00 Presiding at trial of right of way case 3.00 Issuing rule to establish lost papers 2.00 Trying the same 1.00 Presiding at trial of nuisance case 2.00 Witnessing any paper .75 Affidavit and bond to obtain garnishment and filing 2.25 Issuing summons of garnishment .75 Each additional copy of summons .75 Settling case before judgment .75 Claim affidavit and bond 1.00 Trying same 1.00 Certifying transcript 1.50 Issuing order to sell perishable property 1.50 Each lien foreclosure and docketing same 2.75 Each order issued by the court 1.50 Each case tried by jury 1.00 Issuing commission to take interrogatories 4.00 Backing fieri facias .75 Rule nisi against officer 1.00 Trying the same .75 Judgment on the same .75 Serving summons of attachment 1.00 Each return of officer 1.00 Serving each copy of summons 1.00 Summoning each witness .50 Attending court, for each judgment rendered Sheriff's cost 1.00 Levying fieri facias 1.00 Settling fieri facias when property not sold 1.50 Returning nulla bona 1.00 Collecting executions issued by coroners 1.50 Keeping or Storage of any motor vehicle, not to exceed per day .50 Keeping each dog, per day .50 Keeping horse, mule, ox or ass, per day 1.00 Keeping each head of neat cattle, per day .50 Keeping each head of sheep, goats or hogs .50 Keeping or Storage of household furniture or appliances, not to exceed per day 1.00 All sales made by sheriff, amount on sales commission 6 per cent Serving rule to establish lost paper 1.00 Every additional copy .75 Serving court order 1.00 Each additional copy .75 Following property out of county, going and returning per mile .10 Levying each distress warrant 2.00 Each advertisement 1.00 Taking bond in civil cases 1.00 Taking bond in criminal cases 2.00 Serving summons of garnishment 1.00 Each additional summons 1.00 For hauling or drayage or labor in handling of any property seized by virtue of process from court, not to exceed $1.00 per hour labor charges, and $5.00 per hour for use of any vehicle used in hauling or drayage. For towing or wrecker service for motor vehicle seized under legal process, not to exceed $1.00 per mile, minimum charge for any vehicle seized within corporate limits, City of Augusta, not to exceed 2.50 Page 3080 (C) In all cases in said court where the principal amount involved, not including interest, hire and costs, exceed $100.00, and in all cases where the value of the property involved exceeds $100.00 or where the crossaction or counter-claim of the defendant exclusive of interest, hire or costs exceeds $100.00, the costs to be charged and collected by the officers of said court shall be the same as the costs in the Superior Court, taxable for the clerk and the sheriff respectively. (D) The costs to be taxed in said court in possessory warrant cases, criminal warrants, peace warrants and search warrants shall be the same as those fixed by law. (E) In dispossessory-warrant cases and proceedings to eject intruders, the costs shall be $2.50 for the clerk for issuing and $2.50 for the sheriff for serving the warrant, and other costs shall be the same as justice of the peace courts costs. Said $5.00 shall be deposited with the clerk at time of filing and issuing of said warrant. (F) In trover and bail-trover suits where the principal amount involved exclusive of interest, hire and costs, or the alleged value of the property, exclusive of hire and costs, does not exceed $100.00, the costs taxable by the clerk shall be the same as justice of the peace court costs. If the principal amount involved, exclusive of interest, hire, and costs or the alleged value of the property involved, Page 3081 exclusive of hire and costs, exceeds $100.00, Superior Court costs shall be taxed by the clerk against the party cast therein. (G) In all other cases not herein specifically provided for the costs to be taxed by the clerk shall be the same as justice of the peace court costs in all cases where the principal amount involved exclusive of interest, hire and costs does not exceed $100.00 and shall be the same as Superior Court costs where such principal so computed does exceed $100.00. In cases where such principal so computed exceeds $50.00, and does not exceed $100.00, the sheriff's costs for advertising personal property shall be $1.00. Where the principal so computed exceeds $100.00, the sheriff's costs for advertising personal property shall be $2.00. (H) All costs collected in said court by the officers thereof shall be paid into the treasury of Richmond County monthly on the first, or within ten days thereof, of each month by the clerk to be applied to the expenses of operating said court. (I) Should the amount claimed by the plaintiff place the suit in one classification as to costs and the amount claimed by the defendant in his cross-action or counter-claim place the suit in another classification, the costs to be charged on the cross-action shall be determined by the judgment or verdict in the case. Section 38. Be it further enacted by the authority aforesaid that this Act shall be effective as of January 1, 1957. Effective date. Section 39. Be it further enacted by the authority aforesaid, that hereto attached is a copy of the advertisement of the intention to apply for this Act, that ran in the legal gazette for Richmond County, Georgia, in which the sheriff's advertisement ran, which is by reference incorporated herein and made a part of this Act. Section 40. Be it further enacted by the authority Page 3082 aforesaid, that if any section or provision of this Act shall be held unconstitutional, or invalid, by any court of competent jurisdiction, the corresponding original Acts hereby sought to be changed shall ipso facto and protante stand re-enacted and restored, and it shall not affect the validity and constitutionality of the remainder of this Act. Section 41. Be it further enacted by the authority aforesaid, that all laws and parts of law in conflict herewith, be, and the same is hereby appealed. Personally appeared before the undersigned, an officer duly authorized to administer oaths, came Bernard F. Miles, R. Lee Chambers, III, W. W. Holley, and Carl E. Sanders, who having been sworn, depose and say that they are the authors of the attached local legislation affecting Richmond County and that the notice attached hereto was published in the Augusta Chronicle, a newspaper of general circulation in Augusta, Richmond County, Georgia, and the legal gazette for sheriff's advertisements on Dec. 29, 1956, Jan. 5th and Jan. 12th, 1957. /s/ W. W. Holley, Representative, Richmond County, Georgia. /s/ Bernard F. Miles, Representative, Richmond County, Georgia. /s/ R. Lee Chambers, Representative, Richmond County, Georgia. /s/ Carl E. Sanders, Senator, 18th Senatorial District. Sworn to and subscribed before me, this 14 day of Feb., 1957. /s/ John C. Bell, Notary Public, Richmond County, Georgia. Page 3083 Affidavit of Publication. Attorney or Agency Mixon Chambers BusinessAttorneys-At-Law State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn say 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 of notice of intention to introduce local legislation. Notice of Intention to Introduce Local Legislation. Notice is hereby given to the public that the undersigned will introduce at the 1957 session of the General Assembly of Georgia a local bill for Richmond County, which will amend an Act of the General Assembly of Georgia, Acts of 1933, pages 299-307, and the amendatory Acts thereof, which is an Act to create for the City of Augusta a Municipal Court. The local legislation which is to be introduced will be as follows: An Act to amend an Act entitled An Act to abolish justice courts and the office of justice of the peace and notary public ex officio justice of the peace and the office of constable in the City of Augusta; to establish and create in lieu thereof a Municipal Court in and for the City of Augusta; to define its jurisdiction and powers; to provide for the election of a judge and clerk and sheriff, and the appointment of the other officers thereof; to define their powers and duties, and to fix their compensation; to provide for rules of procedure and new trials in said court and writs of error therefrom; and for other purposes; together with all the amendatory Acts thereof; to revise, consolidate and clarify all the laws establishing, concerning and relating to the Municipal Court, City of Augusta, in and for the County of Richmond Page 3084 to provide for the election of judge thereof and the appointment of all other officers; to establish and revise the rules of procedure; to provide for trial by jury of six members; to repeal all conflicting and unnecessary laws; and for other purposes. This 26th day of Dec., 1956. W. W. Holley, Representative of Richmond County, Georgia. Bernard F. Miles, Representative of Richmond County, Georgia. R. Lee Chambers, Representative of Richmond County, Georgia. Carl E. Sanders, Senator, 18th Senatorial District. Dec. 29; Jan. 5, 12. duly appeared in said newspaper on the following dates to wit: December-29-1956-January-5-12-1957. /s/ Marie LeRoySecretary. (Title) Sworn to and subscribed before me this 14th day of January, 1957. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. Notarial Seal Affixed. Approved March 13, 1957. Page 3085 SECRETARIES TO SERVE JUDGES OF CITY COURTS IN CERTAIN COUNTIES. No. 386 (House Bill No. 363). An Act to provide for the appointment of a secretary to serve the judges of the city courts in counties having a population of not less than 108,000, nor more than 112,000 inhabitants, according to the United States Census of 1950, or may future census, to define their duties, fix their compensation, 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 judges of the city courts in all counties in the State with a population of not less than 108,000, nor more than 112,000, according to the United States Census of 1950, or any future census, shall have the power to appoint, and at pleasure to remove a secretary to serve the judges of said courts. Such secretary shall take all stenographic notes, transcribe the same, required by the judges of such courts, and do and perform such other duties as the judges of said courts may require at chambers, or in court. Section 2. Be it further enacted, that the compensation of the secretary of the judges of said courts shall be paid at a rate not to exceed $2400.00 per annum, except and until such time as an increase in this amount is approved by the board of commissioners of roads and revenues, and shall be paid from the county treasury, as are other county expenses in all counties in this State coming within the provisions of this Act. Section 3. Be it further enacted, that said secretary, provided for in this Act, shall be in addition to the regularly appointed court reporter in such courts, and shall not be appointed, unless the judges thereof shall deem the services of a secretary necessary, in addition to the regularly appointed court reporter, and unless the judges of said court shall request the appointment of said secretary Page 3086 by the board of commissioners of roads and revenues, or of other fiscal agents in all such counties. Section 4. Be it further enacted, that all laws and parts of laws in conflict with this Act be, and the same are hereby repealed. Approved March 13, 1957. BROOKS COUNTY TAX COMMISSIONER'S SALARY. No. 387 (House Bill No. 398). An Act to amend an Act abolishing the office of tax receiver and tax collector of Brooks County and creating the office of county tax commissioner of Brooks County, approved February 12, 1952, (Ga. L. 1952, p. 2402) so as to change the amount of compensation paid to the county tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the office of tax receiver and tax collector of Brooks County and creating the office of county tax commissioner of Brooks County, approved February 12, 1952 (Ga. L. 1952, p. 2402) is hereby amended by striking from section 6 the words, six thousand dollars, and substituting in lieu thereof the words and figures, seven thousand dollars ($7,000.00), so that section 6 as so amended shall read: Section 6. Be it further enacted by the authority aforesaid, that the compensation for the county tax commissioner of Brooks County shall be the sum of seven thousand dollars ($7,000.00) per year, which amount shall cover any clerical help for said office. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Page 3087 Legal Notice. On unanimous recommendation of the Brooks County commissioners of roads and revenues, I plan to introduce legislation in the coming session of the General Assembly of Georgia to allow the tax commissioner of Brooks County to receive up to seven thousand dollars annually for office help and salary. John E. Sheffield, Jr., Representative Brooks County. 1-3 Georgia, Fulton County. Personally appeard before me, the undersigned authority, duly authorized to administer oaths, John E. Sheffield, Jr., who, on oath, deposes and says that he is representative from Brooks County, and that the attached copy of notice of intention to introduce local legislation was published in the The Quitman Free Press which is the official organ of said county, on the following dates: January 3, 1957; January 10, 1957; January 17, 1957. /s/ John E. Sheffield, Jr., Representative, Brooks County. Sworn to and subscribed bfore me this 6 day of Feb., 1957. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal). Approved March 13. 1957. Page 3088 TOWN OF GARDEN CITY CHARTER AMENDED. No. 388 (House Bill No. 314). An Act to amend the charter of the Town of Garden City and other acts amendatory thereto, incorporating 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 Georgia: Section 1. 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 corporate limits of the Town of Garden City 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 land 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 at the southeasternmost corner of the existing corporate limits of Garden City, Georgia, said point being located on the eastern right-of-way line of U. S. highway No. 17, a distance of two thousand two hundred thirty-one and thirty-eight hundredths (2231.38) feet from the southeast corner of the intersection of Brampton Road and U S highway No. 17, said point on the eastern right-of-way line of said highway being at a right angle to the southern property corner of lot A of the Foundation tract, as shown upon that certain map or plan prepared for Realty Associates, Inc., by M. F. Smith, C. E., May, 1936, of record in the office of the clerk of the Superior Court of Chatham County, Georgia, in map book A, folio 9; thence south sixty-one degrees twenty-four minutes west (S 61 24 W) a distance of seventy-five (75) feet to a galvanized iron pipe which is the southern corner of said lot A of said Foundation tract, located on the western right-of-way line of United States highway No. 17; thence north fifty-four Page 3089 degrees forty-four minutes west (N 54 44 W) a distance of two hundred eleven and nine-tenths 211.9) feet to stake; thence south forty-eight degrees twenty-one minutes west (S 48 21 W) a distance of twenty-one and eight-tenths (21.8) feet to a nail in a hickory tree; thence north forty-four degrees forty-one minutes west (N 44 41 W) a distance of five and four-tenths (5.4) feet to a stake which is the southeast corner of lot number one (1) of Lamar subdivision; thence south forty-six degrees twenty-four minutes west (S 46 24 W) along the southern property line of lot number one (1) of said Lamar subdivision a distance of seven hundred eighty-two and six-tenths (782.6) feet to a point located on the eastern right-of-way line of Georgia highway No. 21 (Augusta Road); thence, in a southeast direction along said eastern right-of-way line of Georgia highway No. 21 to the traffic circle; thence along the northern right-of-way of the traffic circle to a point where said right-of-way line of traffic circle intersects the western right-of-way line of U S highway No. 17; thence in a northeast direction, at right angles to said western right-of-way line of U S highway No. 17 a distance of seventy-five (75) feet to a point in the eastern right-of-way line of U S highway No. 17; thence in a northwesterly direction along said eastern right-of-way line of U. S. highway No. 17 to a point of beginning. The above described tract of land being more fully shown on a plat prepared by Dan E. Sewell Associates, C. E., dated February 3, 1956, and recorded in the office of the clerk of Superior Court of Chatham County, Georgia, in plat record book G, folio 192, to which reference is hereby specifically made. Corporate limits. Section 2. Be it enacted by the authority aforesaid, all laws or parts of laws in conflict with the provisions of this Act, be and the same are hereby repealed. Section 3. 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. Page 3090 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, 1957, to be entitled an act to amend the charter of the Town of Garden City, which has heretofore been amended, relating to fixing, prescribing and extending the corporate limits of said town; and for other purposes. Charles L. Sparkman, Attorney for Garden City. has been published in said Savannah Evening Press, once a week for 3 weeks, to-wit in the regular issues of January 18, 25, February 1, 1957. /s/ Helen Pope. Sworn to and subscribed before me this 1st day of February, 1957. /s/ Viola F. Schwaab, Notary Public, Chatham County, Ga. (Seal). Approved March 13, 1957. Page 3091 ADVERTISING ON PUBLIC RIGHTS-OF-WAY IN CERTAIN COUNTIES PROHIBITED. No. 389 (House Bill No. 149). An Act to make it unlawful for any person to post or cause to be posted in any manner any type of banner, placard, poster, sticker, sign or any other kind of advertisement in or on any public street, road or highway, or right-of-way thereof, in certain counties; to provide that the posting of such signs and advertisements shall be considered as prima facie evidence of a violation of this Act; to provide for penalties; 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. It shall be unlawful in any county of this State having a population of not less than 120,000 and not more than 150,000, according to the United States Census of 1950 or any such future census, for any person to post or cause to be posted in any manner any type of banner, placard, poster, sticker, sign or any other kind of advertisement in or on any public street, road or highway, or right-of-way thereof, in said county. The term post, as used herein, shall be construed to include, but not be limited to, posting on utility poles, trees, fences or any other object placed in or on such public street, road or highway, or right-of-way thereof, for such purpose by such person. Advertising prohibited. Section 2. Such posting as is provided in section 1 by any person shall be deemed prima facie evidence of the violation of the provisions of section 1. Any person violating the provisions of section 1 shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as for a misdemeanor. Misdemeanor. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. Page 3092 SALARIES OF STENOGRAPHIC REPORTERS IN CERTAIN COUNTIES. No. 391 (House Bill No. 605). An Act to amend an Act, approved March 9th, 1945, entitled An Act to provide for the appointment of stenographic reporters in counties having a city therein of not less than 65,000, nor more than 95,000, inhabitants, according to the United States census of 1940, or any future census, to define their duties, fix their compensation, and for other purposes, as amended by Georgia Laws 1949, page 1662, by striking from section 1 of said Act the language, having therein a city with a population of not less than 65,000 nor more than 95,000, according to the census of 1940, or any future census, and inserting in lieu thereof the language, having therein a city with a population of not less than 71,000 or more than 75,000, according to the census of 1950, or any future census, and by further amending said Act, approved March 9th, 1945, as amended by Georgia Laws, 1951, approved February 21, 1951, so as to strike paragraph 4 of said amended Act, approved February 21, 1951, reading: (Page 749 Ga. Laws 1951). Be it enacted by the General Assembly of Georgia and it is hereby enacted by authority of the same: Section 1. Be it further enacted that said stenographer or reporter shall be paid $287.50 per month out of the county treasury for all services required of him under the provisions of this Act, be stricken from said Act as amended, and a new section to be numbered section 4, be substituted in lieu thereof, so that section 4 as amended shall read as follows: Section 4. Be it further enacted that said stenographer or reporter shall be paid $309.00 per month out of the county treasury for all services required of him under the provisions of this Act. Page 3093 Section 2. And by further amending said Act, approved March 9th, 1945, as amended by Georgia Laws 1953, approved February 20th, 1953, so as to strike paragraph 4 of said amended Act approved February 20th, 1953, reading: Section 4. Be it further enacted that said stenographer or reporter shall be paid $309.00 per month out of the county treasury for all services required of him under the provisions of this Act, be stricken from said Act as amended, and a new section to be numbered section 4 be substituted in lieu thereof, so that section 4 as amended shall read as follows: Salary. Section 4. Be it further enacted that said stenographer or reporter shall be paid per month $339.90 out of the county treasury for all services required of him under the provisions of this Act. Section 3. Be it further enacted, that all laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. CITY OF DAWSONVILLE CHARTER AMENDED. No. 392 (House Bill No. 574). An Act to amend an Act incorporating the Town of Dawsonville, in the County of Dawson, approved August 17, 1883 (Ga. L. 1882-1883, p. 295), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2547), so as to change the name of the Town of Dawsonville to the City of Dawsonville; to provide for the manner in which elections are to be held; to provide for the appointment, duties, compensation, and oath of election managers; to repeal conflicting laws and for other purposes. Page 3094 Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the Town of Dawsonville, in the County of Dawson, approved August 17, 1883 (Ga. L. 1882-1883, p. 295), as amended, particularly by an Act approved February 19, 1951 (Ga. L. 1951, p. 2547) is hereby amended by striking from said Act the word Town wherever it appears and inserting in lieu thereof the word City so that the name of the Town of Dawsonville shall be changed to the City of Dawsonville. Corporate name. Section 2. Said Act is further amended by striking section IV of the original Act in its entirety and substituting in lieu thereof the following: Section IV. Be it further enacted, that on the first Monday in January, 1884, and on that day annually thereafter an election shall be held in the City of Dawsonville for a mayor and three councilmen, who shall hold their office for one year and until their successors are elected and qualified; but no one shall vote or be eligible to the office of mayor or councilman of said city who does not reside within the corporate limits thereof, and who is not qualified to vote for members of the General Assembly. All elections held in and for said city shall be managed by a justice of the peace or other judicial officer and by two (2) freeholders or by three (3) freeholders, all of such managers to be residents of said city and to be selected by the mayor. Before entering into the 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 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 to be signed by all managers in the capacity in which he acts. The oath may be administered by any officer qualified to administer oaths or the managers may swear each other. Said managers of election shall receive such Page 3095 compensation for holding the election as prescribed by the mayor and council, but not to exceed five ($5.00) dollars for each election. The ballots used in all elections shall be printed and carry instructions for the voter to scratch or mark through all candidates not of his choice. The polls in all elections held in and for said city shall be open from seven (7) o'clock a. m. until six (6) 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 results. They shall keep two lists of voters and two tally sheets and shall make a certificate of the result on each tally sheet. The person receiving the highest number of votes for the respective offices, shall be declared to be elected. One of said tally sheets, and one of said list of voters, together with the ballot, shall be placed by the managers in an envelope or box sealed and filed with the clerk of said city. The other list of voters and tally sheet shall be kept by such managers for a period of thirty (30) days. Such envelope or box filed with the clerk shall be opened at the next regular meeting of the mayor and council, and the results of the election declared by them, after which all of said election papers shall again be placed in said envelope or box and kept by the clerk without inspection, provided no contest be filed or pending for a period of sixty days, after which same may be destroyed. The mayor and council for said city are authorized and empowered to adopt such other and further reasonable rules for the conduct of elections in said city as they may deem proper. Contests over any election held in said city may be held in the manner as provided by the laws of Georgia in case of municipal election contests. Elections. 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 1957 session of the General Assembly of Georgia, a bill to change the corporate limits of the Page 3096 Town of Dawson, to provide for the manner in which elections are to be held; to provide for the appointment, duties, compensation and oath of election managers; and for other purposes. This 15th day of January, 1957. /s/ R. H. Kelley, R. H. Kelley, Representative, Dawson County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. H. Kelley, who, on oath, deposes and says that he is representative from Dawson County, and that the attached copy of notice of intention to introduce local legislation was published in the Dawson County Advertiser which is the official organ of said county, on the following dates: January 18 and 25, and February 1, 1957. /s/ R. H. Kelley, Representative, Dawson County. Sworn to and subscribed before me this 14 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 13, 1957. Page 3097 CITY OF ATLANTA CHARTER AMENDED. No. 395 (House Bill No. 493). 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 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. By striking from the second line of section 2 of an Act approved March 17, 1956 (Ga. L. 1956, p. 3490) the words ten thousand dollars and inserting in lieu thereof the words fifteen thousand dollars, so that as amended said section shall read as follows: Section 2. The mayor and board of aldermen shall annually appropriate not less than fifteen 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, Page 3098 promotional activities, or any other purposes which the commission may consider to be in the interest of the general park program. Parks, commission, funds. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia... Fulton County. Personally appeared before me, the undersigned, M. M. (Muggsy) 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 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 1957 session of the General Assembly, which convenes on Monday January 14, 1957, 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. This December 20, 1956. Charlie Brown, Senator 52nd District. Page 3099 M. M. (Muggsy) Smith, J. Ralph McClelland, Wilson Brooks, Representatives, Fulton County, Georgia. Dec 20 27 Jan 3 10 This 11th day of February, 1957. /s/ M. M. (Muggsy) Smith. Sworn to and subscribed before me this 11th day of Feb., 1957. /s/ Dudley D. McCaskill, Notary Public. Approved March 13, 1957. COBB COUNTY COMMISSIONERCERTAIN CONTRACTS AUTHORIZED. No. 398 (House Bill No. 393). An Act to amend an Act creating the office of commissioner of roads and revenues of Cobb County, approved August 7, 1924 (Ga. L. 1924, p. 314), as amended, to define additional powers and duties of said 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 Cobb County, approved August 7, 1924 (Ga. L. 1924, p. 314), as amended, is hereby amended by adding thereto a new section 20, to read as follows: Section 20. The commissioner of roads and revenues Page 3100 of Cobb County is authorized and empowered to contract with the Cobb County Parking Authority for the parking, storage, and servicing of motor vehicles owned or operated by Cobb County, provided any such contract shall not exceed a period of fifty (50) years, and the commissioner of roads and revenues is further authorized and empowered to contract with the Cobb County Parking Authority for any facilities or services of said authority not specifically enumerated herein, which Cobb County is by law authorized to undertake. Contracts with Cobb County Parking Authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. 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 is a true and correct copy of a notice of intention to apply for passage of a local bill or bills, to change the location of the courthouse and jail of the County of Cobb, in the City of Marietta; to authorize the building of a new courthouse and jail for the County of Cobb in the City of Marietta; to authorize an issuance of bonds to provide for the construction of the new courthouse and jail pursuant to an election held for that purpose; and for other purposes, which notice was published in the Marietta Daily Journal on the following dates: December 14th, 21st and 28th, 1956. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend the Act entitled: `An Act to create a commissioner of roads and revenues for Cobb County, Georgia; to provide for the election Page 3101 of same; to define his powers and duties; to fix his compensation; and for other purposes.' approved August 7, 1924 (Ga. L. 1924, p. 314) and the several acts amendatory thereof. This December 12, 1956. Eugene W. Holcombe Fred D. Bentley Harold S. Willingham Raymond M. Reed Deponent further says that the Marietta Daily Journal is a newspaper of general circulation in Cobb County, Georgia, is published weekly, and was at the time of said publications the newspaper in which the sheriff's notices for the county were published for the calendar year 1956. This 4th day of February, 1957. /s/ Brooks P. Smith, Publisher, Marietta Daily Journal Sworn to and subscribed before me this 2nd day of February, 1957. /s/ Margaret H. Smith Notary Public, Cobb County, Georgia My Commission expires Oct. 30, 1957. Notarial Seal Affixed. Approved March 13, 1957. Page 3102 SHERIFFS' FEES IN CERTAIN COUNTIES. No. 399 (House Bill No. 293). An Act to provide that in certain counties the sheriff shall be entitled to a recovery fee for taking into custody any stolen motor vehicle; to provide that the owner of any stolen motor vehicle will be responsible for the towing and storage charges on said vehicle; to establish maximum rates and fees for the above services; 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 less than 12,150 and not more than 12,200 according to the United States census of 1950, or any future United States census, the sheriff shall be entitled to a recovery fee of twenty-five ($25.00) dollars for any stolen motor vehicle which the sheriff takes into custody. The person owning the vehicle at the time of recovery shall be responsible for said fee, in addition to the actual cost of storage and towing. However, the towing cost shall not exceed ten dollars ($10.00) and the cost of storage shall not exceed one dollar ($1.00) per day. Fees for recovering stolen automobiles. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. CITY OF MARIETTA CHARTER AMENDED. No. 400 (House Bill No. 230). An Act to amend an Act creating a new charter for the City of Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519) as amended, particularly by an Act approved Page 3103 February 4, 1949 (Ga. L. 1949, p. 238) so as to establish a policemen and firemen pension fund for certain employees of the City of Marietta; to provide for the creation of a board to administer said fund; to provide for the manner and method of such administration; to provide for investment of said fund; to provide for contributions to said fund and the payment of benefits therefrom; to authorize that physical examinations may be required before disability benefits are paid or continued; to provide an effective date for said fund; to change the limitation on the ad valorem tax which may be levied and collected by the city for certain purposes; 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 Marietta, approved August 15, 1904 (Ga. L. 1904, p. 519) as amended, particularly by an Act approved February 4, 1949 (Ga. L. 1949, p. 238), is amended by the addition following section 1 thereof of eleven new sections to be known as section 1 A, section 1 B, section 1 C, section 1 D, section 1 E, section 1 F, section 1 G, section 1 H, section 1 I, section 1 J, and section 1 K, which shall read as follows: Section 1 A. There is hereby created a policemen and firemen pension fund (hereinafter called the fund) for the employees of the police and fire departments of the City of Marietta who shall fall under the provisions of the civil service system of said city as established by an Act approved February 7, 1952 (Ga. L. 1952, p. 2246) as amended, (hereinafter called participating employees), and all such employees shall be covered by the provisions of this Act and shall be subject to all the terms and conditions thereof. Policemen and firemen pension fund. Section 1 B. The fund and all benefits thereunder shall be administered by a five-man board to be known as the City of Marietta policemen and firemen pension fund board (hereinafter called the board) which Page 3104 shall be chosen as provided in this section. The chairmen of the police committee and the fire committee of the city council of Marietta shall be ex officio members of the board. In the event that there shall be no such committees, or only one such committee of the said city council, the mayor and council of the City of Marietta shall name two councilmen or one councilman as the case may be to serve on the board at the pleasure of said mayor and council. The members of the police department and the fire department of the City of Marietta, under the supervision of the chief of their respective departments, shall each elect one member of the board to serve for a term of two years, and until their successors shall be elected and qualified. The four members of the board, so designated or elected shall select a fifth member of the board for a two-year term, who shall be a resident freeholder of the City of Marietta, and a registered voter of said city. In the event that a majority of the four members shall fail to select the fifth member, then, upon application by any member of the board, he shall be appointed by the judge of the Superior Court of the Cobb Judicial Circuit. Board Section 1 C. The board shall elect one of its members as chairman, and another as vice-chairman annually for one year terms. Said board is authorized to adopt by-laws and rules and regulations for the administration of the fund, and provide thereby for its regular meetings. Additional meetings may be held on the call of the chairman, or in the event of his absence or disability the vice-chairman, or by any three members of said board. Five days written notice shall be necessary for any such additional meetings, provided that the requirement for such notice may be satisfied by the posting of a letter to each member five days prior to any such meeting. Three members of the board shall constitute a quorum. The clerk of the mayor and council of the City of Marietta shall serve as ex officio secretary and treasurer of the board and shall attend all meetings of the board and record the minutes thereof, shall keep the records of the board, and shall disburse the funds of the board under directions Page 3105 from the board. All members of the board shall serve as such without compensation. Same, organization and duties. Section 1 D. Participating employees shall pay into the fund monthly five per cent (5%) of all salaries earned by them from the City of Marietta, provided that no employee shall pay into the fund a sum greater than fifteen ($15.00) dollars per month. These amounts shall be withheld from the salaries by the City of Marietta and paid directly into the fund monthly. The City of Marietta shall each month pay into the fund five per cent (5%) of all salaries, regardless of the amounts of such salaries, paid participating employees. The City of Marietta is authorized and required to make payments into the fund from tax or other funds of the city. Said city is further authorized and required to underwrite any deficit which may occur in the fund from time to time. Contributions. Section 1 E. Any funds on hand in excess of those required for immediate use, may be invested by the board in any form of security in which it is lawful for insurance companies to invest their funds under the laws of this State. Same, investment. Section 1 F. Participating employees shall be entitled to the retirement or disability or both retirement and disability benefits prescribed by this section. Any participating employee shall be entitled to retire on a pension of one hundred ($100.00) dollars per month after being employed by the city for twenty-five (25) years, and shall have made payments into the fund for a period of at least twelve (12) months, provided that such employee may at his option continue his employment with the city after twenty-five (25) years and retire at such later date as he may desire. If any employee so elects to continue his employment after being eligible for retirement hereunder, he shall during such continued employment continue to pay to the fund the contributions required hereunder. Any participating employee who shall, for any reason, become disabled to the extent that he is unable to perform his duties for a period of thirty Page 3106 (30) days or more, shall be entitled to the following disability benefits during the period of disability in excess of the first thirty days thereof: Benefits. Length of Disability Benefits Employment per Month Over 20 years $100.00 15-20 years 80.00 10-15 years 60.00 5-10 years 40.00 Under 5 years 20.00 Periods for which disability benefits are paid shall not be considered in determining years of employment for retirement purposes. Section 1 G. The board shall have the right to require any participating employee who shall have applied for or who shall be receiving disability benefits to submit to physical examinations at such reasonable times as the board may direct. In the event that such an employee shall refuse to submit to any such examination the board may refuse to allow or may discontinue any or all disability benefits. The board shall designate the examining physicians and shall bear all the expenses incident to physical examinations required under this section. Physical examinations. Section 1 H. Any participating employee leaving the service of the City of Marietta for any reason other than retirement under the provisions of this Act, shall be refunded the actual amount of money that he has paid into the fund, less five percentum of such amount which shall remain in the fund; provided, however, that any participating employee who leaves the service of the City of Marietta and withdraws the amount of his contribution to this fund as provided in this section, and subsequently again becomes eligible to participate in the fund, shall not receive credit for the time of service represented by such withdrawal until and unless he shall have repaid said sum plus five percentum thereof into said fund. Employees leaving employment of city. Page 3107 Section 1 I. The widow, or in the event that there shall be no widow, the estate, of any participating employee who shall die shall be entitled to receive from the fund the actual amount of money that he has paid into the fund, less any amounts received by such participating employee as benefits under this Act, and also less five percentum of such amount so remaining, provided that under no circumstances will any amount be due the fund from the widow or estate of such participating employee. Benefits, death of employees. Section 1 J. Any participating employee dissatisfied with any action of said board in which he has a personal interest shall have the right to appeal to the Superior Court of Cobb County within thirty (30) days from the date of any such action by the board, and shall be entitled to receive a jury trial in said court of the cause so made. In such event, the board shall have the right to employ competent legal counsel to represent it in any such action brought, the cost of same to be paid from monies of the fund. Appeal. Section 1 K. The above provisions of this Act pertaining to the fund shall be effective on July 1, 1957, provided that on or before that date, the Marietta Police and Fireman's Benefit Association, Inc., a corporation organized and existing under the laws of the State of Georgia, shall have paid into the fund the sum of thirty thousand ($30,000.00) dollars in cash. Such association is hereby authorized to pay additional amounts into the fund from time to time as it may desire. The board is authorized to receive such contributions from the said association and from any other person, firm or corporation desiring to make such contributions, and to administer any such donated funds in accordance with the provisions of this Act. In the event that the aforementioned sum of thirty thousand ($30,000.00) dollars is not received by the fund by July 1, 1957, the above provisions of this Act shall not be effective until it is received. Effective date, contributions. Section 2. Said Act is further amended by striking from section 25 thereof, the words and figures not exceeding Page 3108 50 and inserting in lieu thereof the words and figures not exceeding 80 so that said section as amended hereby shall read as follows: Section 25. The mayor and council of the City of Marietta shall have authority to make such contracts as they may deem necessary for said city and to purchase, hold and sell real and personal property. For the purpose of raising revenues for the support and maintenance of the general purposes of the government of the City of Marietta the mayor and council of said city shall have full power and authority to levy and collect annually an ad valorem tax of not exceeding 80 on the one hundred dollars upon all taxable property, real and personal, or otherwise, as subject to said tax by said city, within the corporate limits of said city and upon all money and choses in action whose owner resides within the corporate limits of said city which are subject to taxation by the said city under the laws of the State of Georgia; and, in addition thereto, the mayor and council shall have power and they are hereby authorized to levy and collect an ad valorem tax annually in addition to that now allowed by law to the City of Marietta for general purposes of city government, or otherwise not to exceed 72 per one hundred dollars on all taxable property in the City of Marietta, as may be subject to an ad valorem tax by said city, for the purposes of supporting and maintaining the public schools of said city; and in addition thereto, the mayor and council of said city are hereby authorized to levy and collect annually an ad valorem tax on all taxable property in said city for the purposes of providing a sinking fund for the purpose of paying the principal of any bonds heretofore issued by the said city or as may hereafter be issued by the city authorities; and to provide a fund for the payment of the annual interest on said bonds a greater ad valorem tax may be levied and collected annually on all taxable property in said city by the mayor and council. The mayor and council of the City of Marietta shall have power and they are hereby authorized to provide by ordinances for the return of all taxable property in the City of Marietta Page 3109 as may be subject to taxation by said city and to provide penalties for neglect or refusal by the property owners or agents thereof to comply with the ordinances. Taxes. Section 3. 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 4. All laws and parts of laws in conflict with this Act are hereby repealed. M-2003 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1957 session of the General Assembly of Georgia, a bill to amend an Act of the General Assembly of Georgia, approved August 15, 1904 (Ga. L. 1904, pp. 519-533), being an Act to create a new charter for the City of Marietta, and the Acts amendatory thereof, so as to provide for a retirement plan and a retirement fund for the policemen and firemen of the City of Marietta, to otherwise amend such act, as amended, and for other purposes. This 14th day of December, 1956. Fred D. Bentley Senator-Elect Thirty-Ninth Dist. Eugene W. Holcombe Raymond M. Reed Harold S. Willingham Representatives-Elect of Cobb Cty. 12:14-21-28 Georgia, Cobb County. Personally appeared before me, the undersigned authority, Page 3110 duly authorized to administer oaths, Harold S. Willingham, who, on oath, deposes and says that he is representative from Cobb County, and that the attached copy of notice of intention to introduce local legislation was published in The Marietta Daily Journal, which was the official organ of said county on the following dates: December 14, December 21, and December 28, 1956. /s/ Harold S. Willingham Representative, Cobb County. Sworn to and subscribed before me this 25th day of January, 1957. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia My Commission expires September 14, 1960. (Seal). Approved March 13, 1957. CITY OF BLAKELY CHARTER AMENDED. No. 401 (House Bill No. 368). An Act to provide for the hours of holding general and special elections in and for the City of Blakely, to provide for the appointment and qualifications of election managers, to repeal conflicting laws, and for other purposes. Be it, and the same is hereby enacted by the General Assembly of Georgia: Section 1. From and after the passage and approval of this Act, the hours of holding general and special elections in and for the City of Blakely under and by virtue of the provisions of the charter of said city as the same is constituted by the previous Acts of the General Assembly relating thereto, shall be the same hours prescribed Page 3111 by general law of the State of Georgia for the holding of State and county elections. Hour of holding elections. Section 2. All such general and special elections hereafter held in and for said city under and by virtue of its said charter shall be held by three managers appointed for such election by the mayor and council, at a regular or special meeting of the council, from among those citizens of said city who are eligible to act as managers in elections for members of the General Assembly. The minutes of such meeting of the council at which such appointments are made shall show such appointments. Provided: that if for any reason, any person so appointed cannot or will not serve, his place as such manager shall be supplied by appointment by the mayor. Election managers. Section 3. All laws and parts of laws in conflict with the provisions of this Act are hereby repealed. Notice of Local Legislation. Georgia, Early County. Notice is hereby given that I will introduce in the House of Representatives, at the next session of the General Assembly of Georgia, to be convened this January, 1957, a bill to change the hours of holding general and special elections in the City of Blakely to conform to the hours prescribed by general law of Georgia for the holding of State and county elections, to provide for the appointment and qualifications of managers of city elections in and for the City of Blakely, to repeal conflicting laws, and for other purposes. This 4th day of January, 1957. /s/ Leon H. Baughman Member of the House of Representatives of Georgia from Early County. Page 3112 Georgia, Early County. Personally appeared before the undersigned authority A. T. Fleming, who being first duly sworn, on oath says that he and W. H. Fleming of said county compose the partnership which publishes the Early County News, the newspaper in said county in which sheriff's advertisements for said county are published, and that the foregoing notice of local legislation appeared in the issues of Jan. 10, 17, and 24, 1957, of said newspaper, as required by law. /s/ A. T. Fleming Sworn to and subscribed before me, this 4th day of February, 1957: /s/ W. L. Stone N. P., Ga., State at Large. Com. exp. Mar. 20, 1958. (Seal). Approved March 13, 1957. CITY OF AUSTELL CHARTER AMENDED. No. 403 (House Bill No. 358). An Act to amend an Act revising, consolidating and superseding the several Acts incorporating the Town of Austell, and reincorporating said town or corporation as the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved February 23, 1955 (Ga. L. 1955, p. 2426), so as to increase the corporate limits of the City of Austell; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act revising, consolidating and superseding Page 3113 the several Acts incorporating the Town of Austell and reincorporating said town or corporation as the City of Austell, approved August 17, 1929 (Ga. L. 1929, p. 862), as amended, particularly by an Act approved February 23, 1955 (Ga. L. 1955, p. 2426), is hereby amended by adding a new section to be known as section 3B, which shall be inserted between section 3A and section 4 of said Act as amended, and which shall read as follows: Section 3B. There shall be included in the corporate limits of the City of Austell, in addition to the area described in sections 3 and 3A of this Act, as amended, all the area embraced within the following described parcel and tract of land: All that tract or parcel of land lying and being in original land lots Nos. 1284, 1285, 1307 and 1306 of the 19th district, 2nd section, Cobb County, Georgia, and being more particularly described as follows: Beginning at the intersection of the heretofore existing city limits of the City of Austell, Georgia, (as established by Ga. L. 1929, p. 862) and the north side of Morningside Drive, thence running in an easterly direction along the north side of Morningside Drive, this being also along the northern boundary of the heretofore existing city limits as established by Acts of 1955, page 2426, to the southeast corner of lot No. 6 of the Perkerson Heights subdivision as shown on plat made by H. L. Sanders, surveyor, recorded in plat book 13, page 164, Cobb County records; thence north 13 degrees 30 minutes east along the east lines of lots Nos. 6 and 7 of said subdivision for a distance of 251.9 feet to a point; thence continuing north 3 degrees 56 minutes west along the east line of lot No. 8 of said subdivision for a distance of 183.1 feet to the northeast corner of said lot No. 8 of Perkerson Heights subdivision; thence north 50 degrees 9 minutes west for a distance of 1224.8 feet more or less to a point on the southwest side of Marietta Street, also known as Perkerson Road, which point is 70 feet northeast of the intersection of the southeast side of said Marietta Street, which is also Page 3114 known as Perkerson Road as aforesaid, with the east side of Fessenden Avenue, this being the most northerly corner of lot No. 28 of Perkerson Heights subdivision hereinbefore referred to; thence southwesterly along the southeast side of Marietta Street, which is also known as Perkerson Road as aforesaid, for a distance of 690 feet more or less to the point of intersection of the southeast side of Marietta Street, also known as Perkerson Road as aforesaid, with the heretofore existing city limits of the City of Austell, Georgia, (as established in Ga. L. 1929, p. 862); thence in a southeasterly direction following said heretobefore existing city limits line to the point of beginning. Corporate limits. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. M-2004 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January-February 1957 session of the General Assembly of Georgia, a bill to amend the charter of the City of Austell (Ga. L. 1929, p. 862 et seq.) as heretofore amended, and for other purposes. This 14th day of December, 1956. Fred D. Bentley Senator-Elect Thirty-Ninth Dist. Eugene W. Holcombe Raymond M. Reed Harold S. Willingham Representatives-Elect of Cobb Cty. 12:14-21-28 Georgia, Cobb County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harold S. Page 3115 Willingham, who, on oath, deposes and says that he is representative from Cobb County, and that the attached copy of notice of intention to introduce local legislation was published in The Marietta Daily Journal, which was the official organ of said county on the following dates: December 14, December 21, and December 28, 1956. /s/ Harold S. Willingham Representative, Cobb County. Sworn to and subscribed before me this 25th day of January, 1957. /s/ Thelma D. Myers Notary Public, Cobb County, Georgia My Commission expires September 14, 1960. (Seal). Approved March 13, 1957. WEBSTER COUNTYSHERIFF'S COMPENSATION. No. 405 (House Bill No. 600). An Act to provide the sheriff of Webster County with a supplemental salary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia as follows: Section 1. The sheriff of Webster County shall receive the sum of fifty ($50.00) dollars per month as a supplemental salary in addition to the fees which he receives. This sum shall be paid from the general funds of Webster County. Sheriff's compensation. Section 2. All laws and parts of laws in conflict with this act are hereby repealed. Page 3116 Georgia, Stewart County Georgia, Webster County. I, Byron C. Anglin, associate editor of the Stewart-Webster Journal, a newspaper published at Richland, Ga., and serving as the official organ of Webster County, do hereby swear that the following notice of intention to introduce legislation, pertaining to establishing a salary for the sheriff of Webster County in addition to fees, was published in the Stewart-Webster Journal on the following dates: January 31, February 7, 14, 1957. Publication was made in accordance with Georgia Law governing publishing notices of local legislation. /s/ Byron C. Anglin Byron C. Anglin Associate Editor Georgia, Stewart County. Sworn to and subscribed before me, this 1st day of February, 1957. /s/ Mrs. Perry Drew Notary Public State of Georgia Notice of Intention to Introduce Legislation. Georgia, Webster County. Notice is hereby given that it is my intention to introduce at the 1957 session of the General Assembly of Georgia, a bill to supplement the compensation of the sheriff of Webster County; and for other purposes. This action is taken pursuant to the recommendations made by the Webster County grand jury in session at Preston, January 28, 1957. Page 3117 This 29th day of January, 1957. J. Lucius Black Representative Webster County. Approved March 13, 1957. LUMPKIN COUNTY ORDINARY'S SALARY. No. 408 (House Bill No. 570). An Act to supplement the compensation of the ordinary of Lumpkin County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The ordinary of Lumpkin County shall be compensated by a sum of six hundred dollars ($600.00) per annum, which shall be in addition to all other compensation and fees authorized by law and shall be paid in equal monthly installments out of the funds of the 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, Fred C. 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: 2-1, 2-8, 2-15, 1957. /s/ Fred C. Jones, Jr., Representative, Lumpkin County. Page 3118 Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to introduce in the General Assembly of Georgia local legislation to regulate the salary of the ordinary of Lumpkin County, and for other purposes. Fred C. Jones, Jr. Rep. Sworn to and subscribed before me this 13 day of February 1957. /s/ Frances Y. Read Notary Public, Fulton Co. Approved March 13, 1957. CITY OF MONTEZUMA CHARTER AMENDED. No. 409 (House Bill No. 391). An Act to amend an Act entitled An Act to amend an Act approved Feb. 8, 1954, and the several Acts amendatory thereof, and more particularly an Act approved July 27, 1929, (Ga. L. 1929, p. 1199) so as to authorize the mayor and council of the City of Montezuma to close that certain unnamed street, sometimes known as Plant Street, in the City of Montezuma, which runs in a southeasterly direction from Peach Street to Travelers Rest Road in said city. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of same: Section 1. The mayor and council of the City of Montezuma is hereby authorized and permitted to close that certain unnamed street, sometimes known locally as Plant Street, in the City of Montezuma, which runs in a southeasterly direction from Peach Street to Travelers Rest Road in said city, and to convey to the abutting property Page 3119 owners, its right, title and interest in and to the land where said street is located. Street closed. 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 intends to apply to the General Assembly of Georgia, at the January 1957 session thereof, for an amendment to the charter of the City of Montezuma, authorizing the mayor and council of the City of Montezuma to close that certain unnamed street, sometimes locally known as Plant Street, in the City of Montezuma, which runs in a southeasterly direction from Peach Street to Travelers Rest Road in said city. This January 9, 1957. J. Lester Souter, Representative, Macon County, Ga. 1-10-57-3t. cg. Georgia, Macon County. I, J. C. Cox, publisher of the Citizen-Georgian, newspaper in which the sheriff's advertisements for Macon County are published, hereby deposes under oath, that the above and foregoing notice was duly published in the Citizen-Georgian, at Montezuma, Georgia, in its issue of January 10, 17 and 24, 1957. /s/ J. C. Cox Sworn to and subscribed before me, this January 24, 1957. /s/ Zella Holland N. P. State at Large for Georgia. Notarial Seal Affixed. Approved March 13, 1957. Page 3120 CITY OF COLUMBUS CHARTER AMENDED. No. 410 (House Bill No. 607). An Act to amend an Act approved March 24, 1937, entitled, An Act to amend the charter of the City of Columbus, Georgia, so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; to authorize said city to grant a pension or other compensation to the dependents of any officer or employee of said city where said officer or employee loses his life or health as the result of injuries incurred while actually engaged in the performance of his duties; regulating the granting of said pensions and prescribing the conditions under which they may be paid; prescribing and limiting the amounts of said pensions; repealing similar and conflicting provisions of the charter of said city relating to pensions; and for other purposes; this present Act providing for the granting of a pension to any retired officer or employee of any department of the city who has become permanently and totally disabled in the service of the city and who has had at least twenty (20) years total service with the city, fifteen (15) years of which have been continuous service with the city; 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 of the General Assembly approved March 24, 1937, amending the charter of the City of Columbus, as amended by section one (1) of the Act of the General Assembly approved January 31, 1946 (which said Act of January 31, 1946 amends section one (1) of said Act of March 24, 1937 providing a pension system for said city) be, and it is hereby amended by striking all of section one (1) of both said Acts, and enacting in lieu thereof a new section one (1) to said Act of March 24, 1937, to read as follows: Page 3121 Section 1. The City of Columbus shall have the power and authority to grant a pension to any retired officer or employee of any department of the city who has become permanently and totally disabled in the service of the city. To authorize the granting of a pension, such officer or employee shall have had at least twenty (20) years total service with the city, fifteen (15) years of which shall have been continuous service with the city. Pensions. Section 2. That all laws or parts of laws in conflict herewith be and they are hereby repealed. Section 3. 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. 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, 1957, for the passage of a bill entitled as follows: An Act to amend an Act approved March 24, 1937, entitled, An Act to amend the charter of the City of Columbus, Georgia, so as to empower said city to grant a pension to any retired officer or employee who has become permanently and physically disabled in the service of the city; to authorize said city to grant a pension or other compensation to the dependents of any officer or employee of said city where said officer or employee loses his life or health as the result of injuries incurred while actually engaged in the performance of his duties; regulating the granting of said pensions and prescribing the conditions under which they may be paid; prescribing and limiting the amounts of Page 3122 said pensions; repealing similar and conflicting provisions of the charter of said city relating to pensions; and for other purposes; this present Act providing for the granting of a pension to any retired officer or employee of any department of the city who has become permanently and totally disabled in the service of the city and who has had at least twenty (20) years total service with the city fifteen (15) years of which has been continuous service with the city; and for other purposes. This the 31st day of January, 1957. Roscoe Thompson, City Attorney. Georgia, Muscogee County. Personally appeared before me, the undersigned attesting witnesss, 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 February 1st, 1957, February 8th, 1957 and February 15th 1957. /s/ M. R. Ashworth M. R. Ashworth Sworn to and subscribed before me, this the 16th day of February, 1957. /s/ Doris E. Chalkley Notary Public, Muscogee County, Georgia. Notarial Seal Affixed. Approved March 13, 1957. Page 3123 LAMAR COUNTY TAX COMMISSIONER'S COMPENSATION. No. 411 (House Bill No. 452). An Act to amend an Act creating the office of tax commissioner of Lamar County, approved July 24, 1925 (Ga. L. 1925, p. 668), as amended by an Act approved April 12, 1926 (Ga. L. 1926, p. 60), and an Act approved February 4, 1953 (Ga. L. 1953, p. 2107), so as to change the compensation of the tax commissioner of Lamar County, Georgia; to provide for the payment of clerical help for said 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 Lamar County, approved July 24, 1925 (Ga. L. 1925, p. 668), as amended by an Act approved April 12, 1926 (Ga. L. 1926, p. 60), and an Act approved February 4, 1953 (Ga. L. 1953, p. 2107), is hereby amended by striking section 4 of said Act in its entirety and substituting in lieu thereof a new section 4 to read as follows: Section 4. The tax commissioner shall receive as compensation for his services the sum of forty-two hundred ($4200.00) dollars per annum, to be paid in equal monthly installments from the general fund of Lamar County, and in addition thereto said tax commissioner shall receive 10 per cent of all amounts collected on the last 20 per cent of the digests, and the additional sum of twelve hundred ($1200.00) dollars per annum to pay clerical help to carry on the work of the office. Said sums shall be in lieu of any fees or commissions which said tax commissioner formerly received, and all of said fees and commissions to which the tax commissioner is entitled shall be paid into the general funds of Lamar County. Section 2. This shall be effective as of January 1, 1957. Page 3124 Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Lamar County. Personally appeared before the undersigned, an officer by law duly authorized to administer oaths, William W. Dennis, who on oath says that he is editor and publisher of The Barnesville News Gazette, a newspaper published in Barnesville, Lamar County, Georgia; that said The Barnesville News Gazette is the newspaper in which the sheriff's advertisements in and for Lamar County, Georgia, are published; and that the attached notice, which is a true and correct copy, was published in said newspaper in the issues published on January 24th, 1957, January 31st, 1957, and February 7th, 1957. /s/ William W. Dennis. Sworn to and subscribed before me, this 7th day of February, 1957. /s/ Sam L. Whitmire Notary Public, Lamar County, Ga. Notary Seal Affixed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is the intention of the undersigned to introduce at the 1957 session of the General Assembly of Georgia a bill raising the salary of the tax commissioner of Lamar County; and for other purposes. This 24 day of January, 1957. J. R. Smith, Representative Lamar County. Bailey Woodard, Senator 22nd District. Approved March 13, 1957. Page 3125 CITY OF CARLTON CHARTER AMENDED. No. 413 (House Bill No. 542). An Act to amend an Act creating a new charter for the City of Carlton, approved February 18, 1955 (Ga. L. 1955, p. 2360) so as to change the hours of voting in said City of Carlton, to repeal conflicting laws, and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Said Act aforesaid is amended by striking the figure 3.30 p.m. in line 27 of section 9, of said charter, of the City of Carlton, and inserting in lieu thereof the figure 6.00 p.m. so that said section 9, when so amended shall read as follows: Hours of holding elections. 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 Carlton 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, 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 Page 3126 city hall or other designated place for the holding of any election. The polls shall be opened at 8:00 o'clock a.m. and close at 6.00 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 council. 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 $2.00 per day for each such manager or clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. To whom it may concern: Carlton Charter Amendment. The undersigned, mayor and city council, of the City of Carlton, in Madison County, Georgia, will introduce in the present session of the General Assembly of Georgia, an Act to amend an Act creating a new charter for the City of Carlton, (Ga. L. 1955, p. 2360), approved, February 18, 1955, so as to change the hours of voting in said city, to repeal conflicting laws, and for other purposes. Said Act above referred to, so when amended, the section to be amended is section 9, of said Acts aforesaid, by striking the figure 3:30 p.m. and inserting in lieu thereof, the figure 6.00 p.m., so that when said section 9, is amended it shall read, That the polls shall be opened at eight o'clock in the morning, and close at 6.00 o'clock p.m. This January 12, 1957. Mayor and City Council of City of Carlton, By H. B. Snelling, Jr., Clerk. Page 3127 Georgia, Madison County: I, Coke Davis, Ordinary of Madison County, Georgia, do hereby certify that the above and foregoing notice has been posted on the bulletin board, in the court house at Danielsville, Georgia, where all legal notices are so posted, for a period of thirty days, as required by law. This February 12, 1957. /s/ Coke Davis Ordinary of Madison County, Georgia. (Seal) 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 weeks as follows: January 18, 1957; January 25, 1957; February 1, 1957; and, February 8, 1957. /s/ Jere C. Ayers, Publisher, The Danielsville Monitor. Sworn to and subscribed before me, this the 12 day of February, 1957. /s/ H. B. Snelling, Sr. Clerk of Superior Court My Commission expires: 1-1-61. (Seal). Notice. To whom it may concern: Carlton Charter Amendment. The undersigned, mayor and city council, of the City Page 3128 of Carlton, in Madison County, Georgia, will introduce in the present session of the General Assembly of Georgia, An Act to amend an Act creating a new charter for the City of Carlton, (Ga. L. 1955, p. 2360), approved February 18, 1955, so as to change the hours of voting in said city, to repeal conflicting laws, and for other purposes. Said Acts above referred to, so when amended, the section to be amended is section 9, of said Acts aforesaid, by striking the figure 3:30 p.m. and inserting in lieu thereof, the figure 6:00 o'clock p.m., so that when said section 9, is amended it shall read, That the polls shall be opened at eight o'clock in the morning, and close at 6:00 o'clock p.m. This January 12, 1957. Mayor and City Council of City of Carlton By H. B. Snelling, Jr., Clerk. Approved March 13, 1957. TOWN OF JASPER CHANGED TO CITY OF JASPER. No. 414 (Senate Bill No. 167). An Act to amend an Act to amend, consolidate and supersede the Acts incorporating the Town of Jasper, in the County of Pickens, and creating a new charter for said town, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), so as to change the name of said Town of Jasper to the City of Jasper; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend, consolidate and supersede Page 3129 the Acts incorporating the Town of Jasper, in the County of Pickens, and creating a new charter for said town, approved December 22, 1953 (Ga. L. 1953, Nov.-Dec. Sess., p. 3120), is hereby amended by striking wherever it appears the word town and in lieu thereof inserting the word city, so that the name of said municipality shall be the City of Jasper. Name changed. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. CITY COURT OF BRUNSWICKSALARIES. No. 416 (House Bill No. 236). An Act to amend an Act approved March 9, 1943 (Ga. L. 1943, p. 702), creating the City Court of Brunswick, and all Acts, amendatory thereof, particularly an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2065), and an Act approved February 8, 1955 (Ga. L. 1955, p. 2262), so as to increase the salaries of the judge, clerk, chief deputy clerk, deputy clerk, sheriff, chief deputy sheriff and the deputy sheriff of said court, effective from and after July 1, 1957; 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 Brunswick, approved March 9, 1943 (Ga. L. 1943, p. 702), as amended, particularly by an Act approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2065), and an Act approved February 8, 1955 (Ga. L. 1955, p. 2262), is hereby amended by striking from section 4 the provision relating to the salary of the judge thereof, which reads Effective as of January 1, 1953, the judge of said court shall receive a salary in the amount of $10,000 per annum, Page 3130 which shall not be diminished during his term of office except to apply to subsequent term, and shall be paid monthly out of the treasury of Glynn County at the said rate and inserting in lieu thereof the following: Effective as of July 1, 1957, the judge of said court shall receive a salary in the amount of $12,500 per annum, which shall not be diminished during his term of office, except to apply to subsequent term, and shall be paid monthly out of the treasury of Glynn County at the said rate. Judge's salary. Section 2. Said Act, as amended, is further amended by striking section 11 in its entirety and in lieu thereof inserting the following: Section 11. Effective as of July 1, 1957, the clerk of said court shall be paid a salary in the amount of $5400 per annum. The chief deputy clerk shall be paid a salary in the amount of $3900 per annum, and every other deputy clerk shall be paid a salary of $3300 per annum. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court and shall also act as secretary to the judge, and shall be appointed by the judge. The sheriff of said court shall be paid a salary in the amount of $4500 per annum. His chief deputy shall be paid a salary of $4200 per annum, and any other deputy shall be paid a salary of $3900 per annum. In addition to the salaries paid to said sheriff and his lawful deputies they shall be paid all necessary and reasonable expenses which they may incur in carrying out and performing the duties of their office. All of said salaries shall be paid monthly out of the treasury of the County of Glynn. Salaries so paid shall be in full compensation of all services of whatsoever kind and nature rendered by said clerk, said sheriff and said deputies and in lieu of such fees as are allowed the sheriffs and clerks and their deputies. All such fees and costs shall be paid over to the treasury of the County of Glynn. Salaries of court officers and employees. Page 3131 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 January, 1957, session of the General Assembly of Georgia, which convenes on January 14, 1957, a bill to be entitled An Act to amend an Act approved March 9, 1943 (Ga. L. 1943, p. 702), creating the City Court of Brunswick, and all Acts amendatory thereof, so as to increase the salaries of the judge, clerk, chief deputy clerk, sheriff, chief deputy sheriff, and deputy sheriff, of said court, effective from and after July 1, 1957; to repeal conflicting laws; and for other purposes. This January 11, 1957. J. D. Gould, Senator 4th District C. L. Gowen, William R. Killian, Representatives of Glynn County, Georgia. 1/12-19-26. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Chas. L. Gowen and William R. Killian, who, on oath, deposes and says that they are representatives 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: Jan. 12, 1957; Jan. 19, 1957; and Jan. 26, 1957. /s/ Chas. L. Gowen /s/ William R. Killian Representatives, Glynn County. Page 3132 Sworn to and subscribed before me this 29th day of Jan., 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 13, 1957. PIERCE COUNTYCOMMISSIONER'S COMPENSATION. No. 419 (House Bill No. 534). An Act to amend an Act to create a board of commissioners of roads and revenues in and for the County of Pierce; to appoint the members of said board, to provide for the election of said board and of their successors, to provide means and methods of filling vacancies on said board, to prescribe their duties, powers, term of office, compensation for salaries and expenses, to provide for the appointment of a clerk to said board, to prescribe her or his duties and compensation as approved March 25, 1937 (Ga. L. of 1937, p. 1397 to 1405), as amended by Georgia Laws 1941, pages 949 to 951, Georgia Laws 1943, pages 1098 and 1099, Georgia Laws 1945, pages 548 and 549, and Georgia Laws 1955, pages 2961 through 2964, 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 of the General Assembly of Georgia approved March 25, 1937, creating a board of commissioners of roads and revenues in and for Pierce County, Georgia, as amended, all as referred to in the title of this bill, be further amended by striking all of section one of said Act as shown by an amendment thereto as shown Page 3133 by Georgia Laws of 1955, page 2962, which is an amendment approved March 7, 1955, and substituting in lieu of the said section so stricken another section to be numbered as section one, and to be as follows: Section 1. That the compensation of the chairman of said board shall be $3,600.00 per year, payable monthly, and he shall be allowed mileage at the rate of eight (8) cents per mile for every mile traveled attending to official business, together with such other expenses as he may incur and deem necessary in the discharge of his duties as such chairman which are imposed upon him by law. Such mileage and expenses shall be paid upon presentation of an itemized statement thereof by said chairman and its approval in writing by the other members of the board. Chairman's compensation. Section 2. That the purpose of this amendment is only to raise the mileage rate from five to eight cents per mile for the chairman of said board on his official business, and shall become effective immediately upon the passage and approval of this Act. Intent. Section 3. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict with this amendatory Act be and the same are hereby repealed. Notice of Local Legislation. The undersigned will apply at the present session of the General Assembly of Georgia, after legal publication of this notice, for the passage of a bill to be entitled: An Act to Amend an Act to create a Board of Commissioners of Roads and Revenues in and for the County of Pierce as approved March 25, 1937, (Ga. L. 1937, pp. 1397-1405), and subsequently amended as shown by Georgia Laws 1941, pages 1098-1099, and Georgia Laws 1945, pages 548-549, and Georgia Laws 1955, pages 3331-3332, to provide for appointment, payment of salaries, Page 3134 expenses, duties and term of office of said board, and for other purposes. This 21st day of January 1957. W. H. Kimmons, Representative, Pierce County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. H. Kimmons, who, on oath, deposes and says that he is the duly elected and qualified representative in the present Georgia General Assembly from Pierce County, Georgia, and that the foregoing is a true and correct copy of the notice of intention to introduce local legislation was published in The Blackshear Times, a local newspaper of Pierce County, Georgia, in which the sheriff's advertisements are published, on the following dates: January 24, 1957, January 31, 1957, and February 7, 1957. /s/ W. H. Kimmons W. H. Kimmons as Representative from Pierce County, Georgia. Sworn to and subscribed before me this the 13th day of February 1957. /s/ Amelia Smith Notary Public, Georgia State at Large My Commission expires October 4, 1960. (Seal). Approved March 13, 1957. Page 3135 CITY OF ATLANTA CHARTER AMENDED. No. 423 (House Bill No. 578). 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 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. From and after the approval of this Act, the 1st assistant chief of the Fire Department of the City of Atlanta shall receive a salary equal to that of police superintendent in said city. The 2nd assistant chief of the Fire Department shall receive a salary amounting to 5% less than that hereinabove provided for the 1st assistant chief. Battalion chiefs, fire marshal, chiefs of training, superintendent of equipment, and the superintendent of fire alarms shall receive salaries equal to those paid police captains of said city. Salaries of fire department officers. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Page 3136 Georgia, Fulton County. Personally appeared before me, the undersigned, Wilson Brooks, author of the attached bill, who, after being duly sworn, says that the notice attached hereto has been published in the newspapers in which 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 VI, 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 1957 session of the General Assembly, which convenes on Monday, January 14, 1957, 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. This December 20, 1956. Charlie Brown Senator 52nd District M. M. (Muggsy) Smith J. Ralph McClelland Wilson Brooks Representatives Fulton County, Georgia. Dec 20 27 Jan 3 10. Page 3137 This 14 day of Feb., 1957. /s/ Wilson Brooks Sworn to and subscribed before me this 14 day of Feb., 1957. /s/ Frances Y. Read, Notary Public. Fulton Co. Approved March 13, 1957. ELECTION OF MEMBERS OF EXECUTIVE COMMITTEES IN CERTAIN CITIES. No. 426 (House Bill No. 472). An Act to amend an Act approved March 23, 1933 (Ga. L. 1933, pp. 227 et seq.) relating to primary elections in cities with a population of 200,000 or more, so as to provide for the term of office of members of the executive committee, 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 March 23, 1933 (Ga. L. 1933, pp. 227 et seq.), as amended, be and the same is hereby further amended as follows: Section 1. The executive committee heretofore instituted and elected pursuant to law, shall continue in office until December 31, 1957. Successors to the present members shall be elected at the next primary election for a term of four (4) years, and shall take office January 1, 1958. Any vacancy in an executive committee position during the term of office shall be filled by the executive committee and the person so elected shall serve out the full term of office to which such committee elected him. Page 3138 Section 2. Any duly qualified candidate for nomination by the party may be declared the nominee of the party without submitting the name to the electorate, if no other person has qualified for the position. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. CITY COURT OF RICHMOND COUNTY. No. 427 (House Bill No. 606). An Act to amend an Act entitled An Act to establish the City Court of Richmond County; to provide for appointment of a judge and solicitor thereof and to define their powers and duties approved September 22, 1881 and Acts amendatory thereof as amended Feb. 19th, 1951, (Ga. L. 1951, pp. 2426-2430 inclusive), so as to fix and make the salary of the judge of the City Court of Richmond County at $7500.00 per year, and to fix and make the salary of the solicitor of the City Court of Richmond County $6,000.00 per year, so as to increase the salary of the judge of said court and so as to increase the salary of the solicitor of said court. 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 the authority of the same, that from and after the approval of this Act there is hereby amended An Act to amend an Act entitled: `An Act to establish the City Court of Richmond County; to provide for appointment of a judge and solicitor thereof and to define their powers and duties approved September 22, 1881 and Acts amendatory thereof' as amended Feb. 19th, 1951, (Ga. L., 1951, pp. 2426-2430 inclusive), Page 3139 `so as to fix and make the salary of the judge of the City Court of Richmond County at $7500.00 per year and to fix and make the salary of the solicitor of the City Court of Richmond County $6,000.00 per year' , so as to strike the figures $7500.00 as applicable to the judge's salary and inserting in lieu thereof the figures $8950.00 and by striking the figures $6,000.00 applicable to the solicitor's salary and substituting in lieu thereof the figures $6600.00 wherever the figures $7500.00 appears in said Act and wherever the figures $6,000.00 appears in said Act. Judge's and solicitor's salaries. Section 2. Be it further enacted by the authority aforesaid that from the time of the approval of this Act the judge of the City Court of Richmond County, Georgia shall be paid the salary of $8950.00 per annum, payable monthly, the same to be paid out of the treasury of Richmond County, Georgia as other court expenses are paid, and the solicitor of the City Court shall be paid a salary of $6600.00 per annum, payable monthly, the same to be paid out of the treasury of Richmond County, Georgia, as other court expenses are paid. Same. Section 3. Be it further enacted that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 4. Be it further enacted that there is hereto attached and marked exhibit A and made a part of this Act, a copy of the notice of said local legislation, duly sworn to as correct, as required by law, and of its publication, as required by law, before the introduction of this Act in the General Assembly, and an affidavit of the authors of said Act as to the publication of said notice as required by law, before the introduction of this Act, which affidavit is also to the effect that said notice has been published as provided by law. Exhibit A Notice of Local Bill. Notice is hereby given of the intention of the undersigned Page 3140 to apply at the current session of the General Assembly of Georgia for the passage of a bill entitled An Act to Amend An Act Entitled An Act to Establish the City Court of Richmond County; to Provide for the appointment of a judge and solicitor thereof, and to define their powers and duties, approved September 22, 1881 and also Acts amendatory thereof, so as to provide an increase in the salary of the judge of said court, an increase in the salary of the solicitor of said court, an increase in the salary of the assistant solicitor of said court, and an increase in the salary of the secretary of the solicitor of said court, and other purposes. This 1st day of February, 1957. Carl E. Sanders, State Senator, 18th Judicial District. W. W. Holley, Representative, Richmond County. R. Lee Chambers, Jr., Representative, Richmond County. Bernard F. Miles, Representative, Richmond County. State of Georgia, Richmond County. Personally before me, the undersigned attesting officer, came J. W. West, who first being duly sworn under oath says that he is business manager of The Augusta Herald, an agent for The Augusta Herald, the public gazette during the year 1957 in which sheriff's advertisements are published in Richmond County, Georgia, and that the above and foregoing notice of local bill appeared and was published in said newspaper on the following dates, to-wit: Feb. 2nd, 9th and 16th, 1957. /s/ J. W. West, as business manager of Page 3141 Sworn to and subscribed before me, this 16th day of Feb., 1957. /s/ Edith Loyal, Notary Public. State of Georgia, Richmond County. Personally before me, the undersigned attesting officer, appeared the undersigned affiants, who first being duly sworn under oath say they are the authors of the above and foregoing Act and that the above and foregoing notice was published as required by law prior to its introduction in the General Assembly of Georgia. /s/ Carl E. Sanders, Senator 18th Dist. R. Lee Chambers, Bernard F. Miles, W. W. Holley. Sworn to and subscribed before me, this 18th day of Feb., 1957. /s/ Edward T. Brennan, Notary Public, Chatham County, Ga. Affidavit of Publication. Attorney or Agency Gordon W. Chambers Business State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she 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 An Act so as to provide an increase in the salary of the judge and solicitor of said court duly Page 3142 appeared in said newspaper on the following dates to wit: February-2-9-16-1957. /s/ Marie LeRoySecty. Sworn to and subscribed before me this 16th day of February, 1957. /s/ Katie Broadwater, Notary Public, Richmond County, Ga. My Commission expires July 13, 1959. (Seal). Notice of Local Bill. Notice is hereby given of the intention of the undersigned to apply at the current session of the General Assembly of Georgia for the passage of a bill entitled: An Act to amend an Act entitled `An Act to establish the City Court of Richmond County; to provide for the appointment of a judge and solicitor thereof, and to define their powers and duties, approved September 22, 1881 and also Acts amendatory thereof,' so as to provide an increase in the salary of the judge of said court, an increase in the salary of the solicitor of said court, an increase in the salary of the assistant solicitor of said court, and an increase in the salary of the secretary to the solicitor of said court, and other purposes. This 1st day of February, 1957. Carl E. Sanders, State Senator, 18th Judicial District. W. W. Holley, Representative, Richmond County. R. Lee Chambers, Representative, Richmond County. Bernard F. Miles, Representative, Richmond County. Feb. 2, 9, 16. Approved March 13, 1957. Page 3143 FORSYTH COUNTY PLANNING COMMISSION. No. 429 (House Bill No. 517). An Act to enable Forsyth County to establish a planning commission and to enable the several municipalities lying wholly within the limits of Forsyth 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. The governing authority of Forsyth County Page 3144 is authorized to create by resolution a county planning commission which shall be known as the Forsyth County Planning Commission. The planning commission shall consist of five citizens of the county appointed by the governing authority. The governing authority of each municipality lying wholly within the limits of Forsyth County by ordinance and the governing authority of Forsyth 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. Forsyth County Planning Commission members. Members of the 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. The county governing authority shall appoint Page 3145 one member of the county planning commission to serve as chairman and the municipal governing authority shall appoint one member of the municipal-county 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 share sthereof. Appointment of members, duties, etc. Section 3. 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: Duties. 1. Prepare a master plan or parts thereof for the development of its political jurisdiction. Page 3146 2. Prepare and recommend for adoption to the appropriate 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. 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 Page 3147 perform its functions and promote the planning of its political jurisdiction. Maps. Section 5. 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. Duties. Section 6. 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, district 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 Page 3148 purpose and effect shall be solely to aid in the planning commission in the performance of its duties. Master plan. Section 7. For the purpose of promoting the health, safety, morals, convenience, order, prosperity, or general welfare of the county of 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, structures, 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. Building regulations, zoning. Section 8. 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 Page 3149 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 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 fixed so as to allow for the recovery or amortization of the investment in such non-conforming use. Same, adoption by governing authorities. Section 9. Before enacting the zoning ordinance or resolution, the governing authority of the county or Page 3150 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 Forsyth 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. Same, public hearings. Section 10. 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. Same, amendments. Section 11. 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 Forsyth County by ordinance and the governing authority of Forsyth County by resolution are authorized to create a joint board of zoning adjustments. Board of 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 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 Page 3151 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. Members 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 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 Page 3152 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 whic hthe action appealed from was taken. An appeal stays all illegal 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. The board of adjustments shall have the following powers: Page 3153 (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 building or structure that is prohibited by the ordinance or resolution. In exercising the above powers, the board of adjustments Page 3154 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. 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, 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 Page 3155 such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use continues shall be deemed a separate offense. Enforcement. Section 13. 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. Conflict with other laws. Section 14. The public health, safety, morals, and general welfare require the harmonious orderly, and progressive development of land within Forsyth 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 Forsyth County is authorized for the following purposes, among others: Powers of municipalities in Forsyth County. (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; (4) To assure the provisions of needed public open spaces and building sites in new land developments Page 3156 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. 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 Forsyth 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 Forsyth 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. Recording of subdivision plats. Section 16. 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 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 Page 3157 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 or 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. Regulations of subdivisions. 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 construction 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 newspapers wherein the sheriff's advertisements of Forsyth County are published. Section 17. 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 Page 3158 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 applicatn 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 thereof, 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. Approval of plats. Section 18. 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. Same. Section 19. 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 Forsyth County, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law; and the description 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. Unapproved subdivisions, penalties. Page 3159 Section 20. 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 said attachment of the planning commission's subdivision jurisdiction, or unless such street 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. Subdivision streets, sewers, etc. Section 21. 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, Page 3160 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. Buildings built in violation of master plan. Section 22. 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 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 Page 3161 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 official map to the clerk of the Superior Court of Forsyth County. Official maps. Section 23. 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. Surveys. 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 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 Page 3162 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. 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 location of 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 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 wherein the sheriff's advertisements of Forsyth County are published. Amendments to official map. Section 25. 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, Page 3163 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, and other details and conditions of extent and character, and also the duration of the building, structure, or part thereof to be permitted. Integrity of official map. Section 26. 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 resubdivision 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: Definitions. Page 3164 (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. 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 hereinafter declared unconstitutional. Section 28. 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 apply to the 1957 January session of the General Assembly of Georgia for the passage of a local bill entitled An act to amend the Act of December 14, 1953 (Ga. L. 1953 p. 2375, et seq.), authorizing the board of commissioners of roads and revenues of Forsyth 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 of 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 Page 3165 a penalty for the violation thereof; to authorize the board 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. This 23rd day of January, 1957. A. C. Smith, Jr., Forsyth County Representa- tive. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oath, A. C. Smith, Jr., who, on oath, deposes and says that he is representative from Forsyth County, that the attached copy of notice of intention to introduce local legislation was published in the Forsyth County News which is the offical organ of said county, on the following dates: January 24, 31, February 7, 1957. /s/ A. C. Smith, Jr. Representative, Forsyth County. Sworn to and subscribed before me this 12 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. Notarial Seal Affixed. Approved March 13, 1957. CITY OF MADISONCHARTER AMENDED. No. 430 (House Bill No. 588). An Act to amend an Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. Page 3166 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved August 16, 1922 (Ga. L. 1922, p. 907), so as to change the compensation of the mayor and aldermen of said city; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Madison, approved October 6, 1891 (Ga. L. 1890-91, Vol. II, p. 827), as amended, particularly by an Act approved August 16, 1922 (Ga. L. 1922, p. 907), is hereby amended by striking section 15 in its entirety and inserting in lieu thereof a new section 15, to read as follows: Section 15. The mayor shall be compensated in the amount of $600.00 per annum, to be paid in equal monthly installments. Each alderman shall be compensated in the amount of $250.00 per annum, to be paid in equal monthly installments. Compensation of mayor and aldermen. Section 2. This Act shall become effective April 1, 1957. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned authority, Howard Tamplin, 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 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/ Howard Tamplin. Page 3167 Sworn to and subscribed before me this 18 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1957 session of the General Assembly of Georgia, a bill to change the compensation of the mayor and councilmen of the City of Madison, Georgia, and for other purposes. To provide that such change shall become effective April 1, 1957. This the 29th day of January, 1957. Howard Tamplin, Representative of Morgan Co. 5-7c. Approved March 13, 1957. CITY OF COLLEGE PARK CHARTER AMENDED. No. 431 (House Bill No. 522). 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 3168 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. L. 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 following territory, to wit: Beginning at the point of intersection of the center line of Vesta Avenue and the east side of Adams Street, said point being common to the city limits of both the City of East Point and the City of College Park; thence southeastwardly two hundred sixty-seven (267) feet to an iron pin marking the northwest corner of lot 12 block G of Elmwood subdivision; thence eastwardly eleven hundred thirty-six (1136) feet along the north line of said block G and the extension thereof; thence southwardly six hundred seven (607) feet, more or less, parallel with and one hundred forty (140) feet east of Elm Street to a point on the north line of land lot 130; thence westwardly along the north line of land lots 130 and 159 fifteen hundred thirteen (1513) feet more or less, to the east side of Adams Street, thence northwardly seven hundred fifty (750) feet, more or less, to the point of beginning, all being in the 14th district of Fulton County, Georgia. Corporate limits. Section 2. The jurisdiction of the City of College Park, the municipal corporation aforesaid, is hereby extended over all the territory included within the boundaries above described in section 1 of this Act, and the Page 3169 power and authority of said municipality under its present charter and ordinance 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 co-extensive with the limits as extended by section 1 of this Act. The power of taxing property and of fixing and regulating licenses for business; 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. Said new territory is likewise made subject to all the bonds heretofore issued by the City of College Park, and is bound for the payment of bonds generally with the former territory of said municipality. Jurisdiction. Section 3. The City of College Park is hereby authorized and empowered in their discretion 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 the wards may hereafter be constituted, and to pass such ordinances as may be advisable in readjusting said territory to and with the rest of said city. Wards. 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. Be it further enacted by the authority Page 3170 aforesaid that all laws and parts of laws in conflict with this Act be and the same are hereby repealed. Section 6. This Act shall become effective for all purposes on January 1, 1959. 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 she is the treasurer of the 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 of the 19th day of December, 1956, and once each week for 7 consecutive weeks as provided by law. /s/ A. M. Kempton. Subscribed and sworn to before me, this 8th day of Feb. 1957. /s/ Frank Kempton. Notarial Seal Affixed. 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 General Assembly of Georgia, convening in January, 1957, 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 such 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 amendment 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 Page 3171 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 13, 1956. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main Street, College Park, Georgia. Dec 19 26 Jan 2 9 tfn. Publisher's Affidavit. 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, 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 19th day of December, 1956, and once each week thereafter for 4 consecutive weeks as provided by law. /s/ Jack Troy Subscribed and sworn to before me this 9 day of Feb. 1957. /s/ T. F. Nicholson. (Seal). 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 General Assembly of Georgia, convening in January, 1957, to annex additional territory to said city and to amend the charter of said city in other respects, the Page 3172 title to such bill or bills embracing such 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 13, 1956. City of College Park By: Henry G. Crawford City Attorney 912 N. W. Main Street, College Park, Georgia. 1-9. Approved March 13, 1957. CITY COURT OF FLOYD COUNTY. No. 433 (House Bill No. 428). An Act to amend the Act approved March 7, 1955 (Ga. L. 1955, pp. 3109-3118), by amending section 8 which provides for a sheriff of the City Court of Floyd County, and by amending section 12 which provides quarterly terms for said court, so as to prescribe six terms of said court and to designate said terms; to repeal conflicting laws; and for other purposes. Be it and it is hereby enacted by the General Assembly of Georgia: Section 1. That section 8 of the Act approved March Page 3173 7, 1955 (Ga. L. 1955, pp. 3109-3118) be and the same is hereby amended by striking and repealing in its entirety section 8, which provides for a sheriff of the City Court of Floyd County and enacting in lieu thereof the following: Section 8. The sheriff of Floyd County, Georgia, and his deputies, shall be ex officio the sheriff, and his deputies, of the City Court of Floyd County, Georgia. Sheriff. Section 2. That section 12 of the Act approved March 7, 1955 (Ga. L. 1955, pp. 3109-3118) be and the same is hereby amended by striking and repealing in its entirety section 12, which fixes quarterly terms for said court, and enacting in lieu thereof the following: Terms. Section 12. Said City Court of Floyd County shall hold bi-monthly terms, beginning as follows: On the second Mondays in February, April, June, August and October, and the first Monday in December of each calendar year. Such terms shall remain open for the transaction of business until the next succeeding term, and shall at all times be open for the purpose of receiving pleas of guilty in criminal cases and passing sentence thereon. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. Section 4. Section 1 of this act shall become effective immediately upon approval by the Governor. Section 2 of this act shall become effective July 1, 1957. Effective date. No. 288. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced in the 1957 session of the General Assembly of Georgia a bill to change the numbers and times of meeting of the terms of Superior Court of the Rome Judicial Circuit and of the City Court of Floyd County, Georgia and for other related purposes. Page 3174 This December 31, 1956. Rome Bar Association By: J. D. Maddox, President John Frazier, Secretary Jan. 2, 9, 16. 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 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. Signed: J. Battle Hall. Sworn to and subscribed before me this 8th day of February, 1957. Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960. (Seal). Approved March 15, 1957. HOURS OF HOLDING ELECTIONS IN CERTAIN COUNTIES. No. 434 (House Bill No. 512). An Act to provide for the hours of holding elections in certain counties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 3175 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 31,050 nor more than 33,050, 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 in such counties where said elections are held. The provisions of this section shall apply to any municipal elections held in the municipalities in such counties. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. RICHMOND COUNTY INDUSTRIAL DEVELOPMENT ACT. No. 436 (House Bill No. 608). An Act to provide for the operatio of a Richmond County Industrial Development Authority; to provide for the membership of said authority, and for the appointment of members thereof, and their terms, compensation, and qualifications; to define the powers and duties of said Authority, including the power to issue revenue anticipation certificates under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761) as amended; to declare that the creation of said authority is for a public purpose; and that the property of said authority, the bonds issued by said authority, and the income from such bonds shall be exempt from taxation; to authorize the dissolution or alteration of said authority; to provide for a short title for this Act; to define the terms used in this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 3176 Section 1. This Act may be cited as the Richmond County Industrial Development Act. Short title. Section 2. Definitions: As used in this Act, the following terms shall have the following meanings: (1) Authority shall mean the Richmond County Industrial Development Authority created hereby. (2) Project shall mean an industrial building which shall include such lands, fixtures, machineries, and accessories as will create a plan for the particular purpose of manufacturing or processing. (3) Bonds, Revenue Bonds, or Revenue Anticipation Certificates shall mean obligations issued under and governed by the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761) as amended. Section 3. The board of commissioners of roads and revenues of Richmond County may authorize the Richmond County Industrial Development Authority which shall be a body corporate and politic, and is hereby declared to be a public corporation created for the development of the industries of Richmond County, and for the improvement of the general welfare of the people of Richmond County. The authority shall consist of five members appointed by the board of commissioners of roads and revenues of Richmond County, Georgia, for terms as follows: one member shall be appointed for a term of one year; two members shall be appointed for a term of two years; two members shall be appointed for a term of three years; and thereafter upon the expiration of such terms, successors shall be appointed for a term of three years. The members of the authority shall be paid from the funds of the authority such compensation for their services as shall be determined by the board of commissioners of roads and revenues of Richmond County, Georgia. All members of the authority shall be residents of Richmond County, Georgia. Memberscompensation, terms, etc. Page 3177 Section 4. The Authority shall have the following powers and duties: (1) To contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. (2) To have a seal and alter the same at pleasure. (3) 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. (4) 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 easement therein or franchises necessary or convenient for its corporate purposes, except for property of a public utility being used for a public purpose 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 time in any manner it deems to the best advantage of the authority, the authority being under no obligation to accept and pay for any property condemned under the authority of this Act except from funds provided under the authority of this Act, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceeding as may be just to the authority and to the owners of the property to be condemned, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance. (5) To appoint and select officers, agents, and employees, including engineering, architectural and construction Page 3178 experts, fiscal agents, and attorneys, and fix their compensation. (6) To make contracts and leases, and to execute all instruments necessary or convenient, including contracts for construction of a project and leases of a project or contracts with respect to the use of a project which it causes to be erected or acquired. (7) To construct, erect, acquire, own, repair, remodel, maintain, add to, extend, equip and sell any project, to be located on property owned by or leased by the authority, the cost of such project to be paid in whole or part from the proceeds of the revenue bonds of the authority. (8) To exercise all the powers, rights and privileges of and be subject to the same liabilities as a municipality under the provisions of the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 671), as amended with reference to the issuance of revenue anticipation certificates in so far as such pertain to the corporate purposes of the authority. (9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds or property pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof. (10) To use the rents, profits and proceeds from the projects erected, leased or sold, to provide maintenance for such projects, and to discharge the principal and interest of revenue bonds issued by the authority. (11) To do all things within its powers to encourage the industrial development of Richmond County, and to encourage the location of new industries in said county. (12) To exercise any power usually possessed by private corporations performing similar functions, which is Page 3179 not in conflict with the Constitution and laws of this State, and (13) To do all things necessary and convenient to carry out the powers expressly given in this Act. Section 5. It is hereby found, determined and declared that the creation of the authority, and the carrying out of its corporate purpose is in all respects for the benefit of the people of Richmond County, as well as for the benefit of the people of this State, and is a public purpose, and the authority will be performing an essential governmental function in the exercise of the powers conferred upon it by this Act, and that the authority shall be required to pay no taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervision or upon its activities in the operation or maintenance of the buildings erected or acquired by it or any fees, rentals, other charges for the use of buildings, proceeds from the sale of such projects, or any other income received by the authority, and that the bonds of the authority, their transfer, and the income therefrom shall at all times be exempt from taxation within this State. Taxes. Section 5-A. To provide that on all projects built under the provisions of this Act, including fabricating and installing fixtures, setting, erecting and dismantling machinery, etc. Local labor shall be employed exclusively. Labor. That the prevailing building trade wage rates as established with the United States Department of Labor for the Augusta, Georgia area be paid on all work performed under this Act. Section 6. The authority may be abolished, or its powers may be limited, extended, or altered at any time by appropriate action by the commissioners of roads and revenue of Richmond County, provided that no such change in the authority or its powers shall abridge the rights of the bond-holders of the authority to enforce Page 3180 their rights under such bonds in any property which may have belonged to the authority. In the event that the authority shall be abolished, all of its property shall become the property of Richmond County, subject to the rights and interests which any other person or persons may have therein. Authority may be abolished. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Section 8. There is hereto attached and made a part hereof an affidavit of `A notice of intention to introduce local legislation,' by the publisher of the Augusta Herald, showing that this Act has been properly advertised as required by law. /s/ Bernard F. Miles /s/ R. Lee Chambers /s/ W. W. Holley Affidavit of Publication. Attorney or Agency Bernard F. Miles. State of Georgia, Richmond County. Personally appeared, Marie LeRoy, who being duly sworn says that she 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 Richmond County Industrial Development Authority duly appeared in said newspaper on the following dates to wit: January 26, February 1-8, 1957. /s/ Marie LeRoy, Sectry, (Title) Sworn to and subscribed before me this 12th day of February, 1957. /s/ Katie Broadwater Notary Public, Richmond County, Ga. My Commission expires July 13, 1959. (Seal). Page 3181 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 Session of the General Assembly of Georgia, a bill to establish a Richmond County Industrial Development Authority; and for other purposes. This 25th day of January, 1957. R. Lee Chambers, Representative, Richmond County William W. Holley, Representative, Richmond County Bernard F. Miles, Representative, Richmond County Carl E. Sanders, Senator, 18th District. Jan. 26; Feb. 1, 8. Approved March 13, 1957. RETIREMENT FOR ASSISTANT SOLICITORS-GENERAL OF ATLANTA JUDICIAL CIRCUIT. No. 438 (House Bill No. 591). An Act to amend 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 (Ga. L. 1946, pp. 299-303), as amended, so as to provide for the retirement and retirement pay of assistant solicitors-general of the Atlanta Judicial Circuit in the office of the solicitor-general of the Atlanta Judicial Circuit; 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, Page 3182 as amended, be and the same is further amended as follows: Section 1. The assistant solicitors-general of the Atlanta Judicial Circuit in the office of the solicitor-general of the Atlanta Judicial Circuit may elect to qualify for retirement and retirement pay under this Act, as amended, upon the terms and conditions hereinafter set forth. Retirement. Section 2. Any such assistant who is now serving as such may, within 30 days from the approval of this Act, notify the trustees that he elects to qualify for retirement 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 assistant and shall be deposited into the retirement fund created by this Act, as amended, said deductions to be in addition to the deductions otherwise required. Election, contributions. Section 3. If any such assistant is now participating in and entitled to benefits under any retirement or pension system applicable to the officers and employees of Fulton County, he may transfer to the retirement fund herein created, but may not participate in both funds. Transfer from other retirement funds. Section 4. Upon qualifying for retirement under this Act, as amended, and upon agreeing to pay into the fund the amounts herein required, any such assistant shall receive credit for all the years of service for which he has received compensation from the treasurer of Fulton County, it being the declared purpose of this section to permit such assistant to receive full credit for all service as an officer or employee of Fulton County and of the courts and officials thereof. Credit for prior service. Section 5. All assistants who shall hereafter be appointed by the solicitor-general of the Atlanta Judicial Circuit, shall have the privilege of qualifying for retirement Page 3183 under this Act, provided application is made therefor within 30 days from their qualification. Future employees. Section 6. Any assistant who qualifies for retirement under the terms of this Act, as amended, shall receive the benefit of all the rights and privileges heretofore granted under the provisions of this Act, as amended, and shall thereafter receive the retirement pay provided in this Act, as amended, for the rest of his life. The trustees of said fund shall be notified of such retirement. No other notice need be given. Effect of electing to come under Act. Section 7. A copy of notice of intention to apply for this local legislation and a 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 notice of intention to apply for the passage of this local legislation have been complied with for the enactment of this law. Section 8. 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 6, 13, 20, 27 days of December, 1956, and on the 3, 10, 17, 24, 31 days of January 1957, and Feb. 7, 1957 as provided by law. /s/ Frank Kempton. Page 3184 Subscribed and sworn to before me this 14th day of February, 1957. /s/ Bessie K. Crowell, Notary Public, Fulton County, Georgia. My Commission Expires March 8, 1958. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation at the next regular session of the General Assembly of the State of Georgia, which will convene on the second Monday in January, 1957, 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 Court of Fulton County, and 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, for the purpose of including the assistant solicitors-general of the Atlanta Judicial Circuit, and for other purposes. Paul Webb, Solicitor-General, Atlanta Judicial Circuit. Dec 6 13 20 tfn Approved March 13, 1957. CITY OF ATLANTA CHARTER AMENDED. No. 440 (House Bill No. 560). 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: Page 3185 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 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 annual salaries of the judges of the Municipal Court of Atlanta shall be $12,000.00, and the associate judges shall be $11,500.00, which said sums shall be payable in equal monthly or shorter periods of payment. Municipal court judge's salaries. Section 3. All laws and parts of laws in conflict herewith are hereby repealed. Georgia, Fulton County. Personally appeared before me, the undersigned, J. Ralph McClelland, 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: Page 3186 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 1957 session of the General Assembly, which convenes on Mondays, January 14, 1957, 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. This December 20, 1956. Charlie Brown, Senator 52nd District. M. M. (Muggsy) Smith, J. Ralph McClelland, Wilson Brooks, Representatives, Fulton County, Georgia. Dec 20 27 Jan 3 10 This 13th day of February, 1957. /s/J. Ralph McClelland. Sworn to and subscribed before me this 11 day of February, 1957. /s/ Frances Y. Read, Notary Public, Fulton Co. Approved March 13, 1957. Page 3187 COMPENSATION TO THE THORNTON COMPANY. No. 57 (House Resolution No. 136-408a). A Resolution To compensate the Thornton Company, Inc for damages; and for other purposes. Whereas, Mr. John Thornton was driving a 1956 Cadillac automobile belonging to the Thornton Company, Inc., west on Ponce de Leon Avenue, in the City of Atlanta, on September 5, 1956, and was suddenly and without warning struck from the rear by a 1950 Pontiac automobile owned by the Georgia Health Department and driven by one Willie C. Ford, an employee of said Department; and Whereas, said Willie C. Ford was acting within the scope of his employment and was on official State business; and Whereas, the collision occurred through no fault or negligence whatsoever of John Thornton; and Whereas, said Cadillac was damaged in the amount of one hundred and fifty-eight dollars and seventy-one cents ($158.71) and it is only just and proper that the Thornton Company be compensated for the expense incurred as a result thereof; Therefore be it resolved by the General Assembly of Georgia that the State Health Department is hereby authorized and directed to pay said Thornton Company, Inc. the sum of $158.71 as compensation. Said sum shall be paid from funds appropriated to or available to said department. Approved March 13, 1957. Page 3188 COMPENSATION TO JUDSON A. DYE. No. 58 (House Resolution No. 141-429a). A Resolution. To compensate Judson A. Dye; and for other purposes; Whereas, on November 16, 1955, Judson A. Dye was driving his automobile on U S Highway #1, near the town of Wrens, Jefferson County, Georgia; and Whereas, his automobile was struck by a State Highway Department truck, due to the negligence of the driver of said truck; and Whereas, the automobile of Mr. Dye was damaged in the amount of $302.49 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 State Highway Department is hereby authorized and directed to pay the sum of $302.49 to Judson A. Dye, as compensation as set out above. Said sum shall be paid from funds appropriated to said department. Approved March 13, 1957. COMPENSATION TO MRS. WEBB JACKSON. No. 63 (House Resolution No. 64-170b). A Resolution. To compensate Mrs. Webb Jackson; and for other purposes. Whereas, on September 26, 1956, Mr. Webb Jackson was driving his automobile south on Georgia Route Page 3189 #205, approximately two miles west of the city limits of Canton, Georgia in Cherokee County; and Whereas, an employee of the State Highway Department, while engaged in the performance of his duties, was driving a Highway Department truck on Univeter Road, which intersects with Georgia Route #205; and Whereas, said Highway Department employee attempted to stop said truck at the intersection of Univeter Road and Georgia Route #205, there being a stop sign on Univeter Road at such intersection, but was unable to do so because of faulty brakes; and Whereas, the Highway Department truck struck Mr. Jackson's automobile, knocking it approximately sixty feet; and Whereas, as a result of said accident, Mr. Jackson was instantly killed and his son, Jack Jackson, a passenger in the automobile, was severely injured and was hospitalized for a period of thirty-four days as a result thereof; and Whereas, Mrs. Webb Jackson has incurred expenses resulting from the death and burial of her husband in the amount of $1,747.11, hospital and other medical expenses for her son in the amount of $1,740.05, and total loss of the automobile amounting to $650.00, making a total of $4,137.16, of which amount $872.00 was covered by insurance, and has suffered a great loss in the death of her husband; and Whereas, the aforesaid accident occurred through no fault whatsoever on the part of Mr. Jackson, and it is only just and proper that his widow be compensated for the expenses incurred as a result thereof and for the loss of her husband; Now, therefore, be it resolved by the General Assembly Page 3190 of Georgia that the State Highway Department is hereby authorized and directed to pay to Mrs. Webb Jackson the sum of ($13,265.16) thirteen thousand and two hundred and sixty-five 16/100... dollars, as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 13, 1957. COMPENSATION TO DUDLEY Y. COYLE. No. 64 (House Resolution No. 146-438a). A Resolution. To compensate Dudley Y. Coyle; and for other purposes. Whereas, on May 25, 1955, Betty N. Mathis was driving a 1951 Plymouth sedan belonging to Dudley Y. Coyle, the same being driven with his express consent and permission, and being driven north on highway #125 from Valdosta, Georgia to Moody Air Force Base, and Whereas, about 10 miles north of Valdosta, a dump truck belonging to the State Highway Department and driven by Jack Lee Croft pulled out from a filling station directly in front of the path of the automobile being driven by Miss Mathis, even though she blew the horn as he started to pull out, and Whereas, Miss Mathis was unable to avoid striking the said truck, and as a result thereof, the car belonging to Mr. Coyle was completely demolished, and Whereas, the accident happened through no fault or negligence on the part of Miss Mathis, and it is only just and proper that Mr. Coyle be compensated for the expenses incurred as a result thereof. Page 3191 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 $655.00 to Mr. Dudley Y. Coyle, 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 13, 1957. COMPENSATION TO HARRISON GRIFFIN. No. 65 (House Resolution No. 125-373e). A Resolution. To compensate Harrison Griffin for damages; and for other purposes: Whereas, on January 24, 1956 at approximately 4:15 p.m., Mr. Harrison Griffin was driving his 1950 Mercury automobile north on Superior Avenue in Decatur, Georgia and was approaching the intersection of North Decatur Road. The automobile in front of said Harrison Griffin, the driver of which is unknown, moved into said intersection and thereby caused a Ford truck which was traveling east on North Decatur Road to swerve across the curbing on the southwest corner of said intersection and crash into said 1950 Mercury automobile which had not yet entered the intersection, but which was stationary on Superior Avenue. Said Ford truck was the property of the Georgia Highway Department and driven by Homer W. Patterson, an employee of said department. Whereas, said Homer W. Patterson was engaged in the business of the State Highway Department and was within the scope of his employment at the time of said collision. Page 3192 Whereas, Harrison Griffin's 1950 Mercury automobile was damaged in the amount of three hundred and sixty dollars and sixteen cents ($360.16); Whereas, Mr. Griffin incurred the aforesaid expense through no fault or negligence whatsoever on his part, and it is only just and proper that he be compensated for the damage caused by the negligence of a state employee; 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 three hundred and sixty dollars and sixteen cents ($360.16) to Harrison Griffin as compensation for the 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 13, 1957. LAW BOOKS TO TOWNS COUNTY SUPERIOR COURT. No. 66 (House Resolution No. 156-494a). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the Superior Court of Towns County. Whereas, the Superior Court of Towns County does not have the Georgia Code of 1933; and Whereas, such books are necessary to transact the business of such court, and that of the county and State; Page 3193 Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish the clerk of the Superior Court of Towns County a complete set of the Georgia Code of 1933. 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 necessary to purchase said books, provided funds are available for such purpose from any unappropriated funds. Approved March 13, 1957. COMPENSATION TO JOHN B. CRANE. No. 67 (House Resolution No. 134-399a). A Resolution. To compensate John B. Crane; and for other purposes. Whereas, a 1955 Chevrolet Coach owned by John B. Crane of Route 6, Gainesville, Georgia was damaged as the result of a collision with a mower blade of a tractor and mower combination that was being transported on lowboy trailer belonging to the State Highway Department, when a bolt holding the mower blade in an upright position came loose and permitted the mower blade to extend beyond the side of the trailer, and Whereas, the mower blade came into contact with the automobile of Mr. Crane when the driver of the tractor and lowboy trailer passed said vehicle on State route 11 and U S No. 129, in Hall County, and Whereas, the damages to the automobile of Mr. Page 3194 Crane was caused by the blade falling down after the bolt holding it in an upright position broke, and Whereas, the damages to the 1955 Chevrolet Coach of Mr. Crane was in the amount of $127.91, and it is only just and proper that he be compensated for said damages. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to John B. Crane, Route 6, Gainesville, Georgia, the sum of $127.91 as compensation for damage to his 1955 Chevrolet coach as hereinabove enumerated. Said sum shall be paid from the funds appropriated to, or available to, the State Highway Department. Approved March 13, 1957. COMPENSATION TO J. CLEVELAND COOPER AND DENNIS COX. No. 70 (House Resolution No. 44-121b). A Resolution. To compensate the clerk of the Superior Court and the sheriff of Baldwin County for costs due in habeas corpus proceedings in the Superior Court of Baldwin County; and for other purposes. Whereas, a great number of habeas corpus proceedings are handled in the Superior Court of Baldwin County due to the fact that the Milledgeville State Hospital is located in Baldwin County, and Whereas, the clerk of the Superior Court and the sheriff of Baldwin County are required to perform all of the duties connected with such proceedings in addition to the normal flow of work, and Page 3195 Whereas, the additional duties required of them by virtue of such habeas corpus proceedings place an undue burden upon said clerk and sheriff, and Whereas, the great majority of petitioners in said habeas corpus proceedings, due to poverty, are unable to pay costs in such proceedings, and Whereas, there are no provisions of law under which said clerk and sheriff may be compensated for this great amount of extra, burdensome work, and Whereas, there are forty-seven (47) habeas corpus cases in the Superior Court of Baldwin County for which the said clerk and sheriff have not been paid costs, which costs amount to a total of $901.60, and Whereas, Honorable J. Cleveland Cooper is clerk of the Superior Court of Baldwin County, and Honorable Dennis Cox is the sheriff of Baldwin County, Now, therefore be it resolved by the House of Representatives, the Senate concurring, that Honorable J. Cleveland Cooper, clerk of the Superior Court of Baldwin County, and Honorable Dennis Cox, sheriff of Baldwin County, be compensated in the amount of $901.60, which amount is the total of costs due in habeas corpus proceedings in the Superior Court of Baldwin County, and that the State Department of Public Welfare, under whose jurisdiction the Milledgeville State Hospital functions, is hereby authorized and directed to pay said sum out of the appropriations provided for Milledgeville State Hospital. Approved March 13, 1957. Page 3196 COMPENSATION TO MRS. IVAN HARRIS. No. 71 (House Resolution No. 172-554b). A Resolution. To compensate Mrs. Ivan Harris; and for other purposes. Whereas, a 1955 Dodge automobile owned by Mrs. Ivan Harris was damaged as a result of an accident which occurred on September 19, 1955 on Plant Street in Waycross, Georgia when a State Higway Department truck operated by J. T. Wheeler, an employee of the State Highway Department, ran into the rear of Mrs. Harris' automobile; and Whereas, the aforesaid automobile was damaged to the extent of $107.62 and the cause of the damage was the negligence of the aforesaid employee of the State Highway Department; and Whereas, it is only just and proper that she be compensated for these damages; Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Mrs. Ivan Harris the sum of $107.62 as compensation, as set out above. Such sum shall be paid from the funds appropriated to or available to said department. Approved March 13, 1957. COMPENSATION TO CURTIS H. WASHINGTON. No. 72 (House Resolution No. 133-398e). A Resolution. To compensate Curtis H. Washington; and for other purposes. Page 3197 Whereas, on May 19, 1956, a 1956 automobile belonging to Curtis H. Washington was parked on Oglethorpe Street near the intersection of Second Avenue in Macon, Georgia; and Whereas, a tank belonging to the Georgia National Guard ran into the back of said automobile, damaging it in the amount of $203.11; and Whereas, it is only just and proper that Curtis H. Washington be reimbursed for the expense incurred because of such accident; Now, therefore, be it resolved by the General Assembly of Georgia that the State Department of Defense is hereby authorized and directed to pay to Curtis H. Washington of Macon, Georgia the sum of $203.11 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 13, 1957. COMPENSATION TO THE WEATHERLY FURNITURE COMPANY. No. 73 (House Resolution No. 95-291a). A Resolution. To compensate the Weatherly Furniture Company of Elberton, Georgia; and for other purposes. Whereas, in the fall of 1955, employees of the State Highway Department were engaged in erecting new highway markers near the Weatherly Furniture Company in Elberton, Georgia, when the operator of a crane being used in such work accidentally struck a neon sign in front of such store with the crane, causing the sign to be damaged in the amount of $33.00; and Page 3198 Whereas, such damage occurred through no fault or negligence whatsoever on the part of said company, and it is only just and proper that it 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 the sum of $33.00 to the Weatherly Furniture Company of Elberton, Georgia as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 13, 1957. COMPENSATION TO F. J. JONES. No. 74 (House Resolution No. 166-519c). A Resolution. To compensate F. J. Jones for damages to his automobile when struck by a vehicle owned by the Department of Public Safety and driven by a member of the Georgia State Patrol. Whereas, on June 14, 1955, Mrs. Ruth Willie Jones, a resident of Atlanta, Georgia, residing 700 Vernon Avenue, S. E., was driving a 1950 Mercury Sedan, belonging to her husband, F. J. Jones, northeast on Confederate Avenue, Southeast, in the City of Atlanta, Georgia, around a curve opposite the intersection of Edie Avenue, S. E., and Confederate Avenue, when the automobile driven by Mrs. Ruth Willie Jones was struck by a State Patrol car driven by Sgt. John O. Goodwin, a member of the Georgia State Patrol, and owned and operated by the Department of Public Safety; and that Whereas, Mrs. Ruth Willie Jones was driving the Page 3199 said automobile northeast along Confederate Avenue, S. E. at the approximate speed of twenty-five miles per hour on the right side of the street in her lane of traffic, when it was struck on its left side by said State Patrol car which was proceeding southwest on Confederate Avenue, S. E., and being driven by Sgt. John O. Goodwin, who was in the middle of the street and out of his lane of traffic; and that Whereas, Mr. F. J. Jones' automobile was damaged as a result of said collision in the sum of one hundred and twenty-nine ($129.00) dollars, that being the lowest competitive bid for doing the necessary work on said automobile; and that Whereas, it appears that the collision which resulted in damages to Mr. Jones' automobile was caused by the negligence of the driver of the Patrol car in driving over the center line into Mr. Jones' automobile and failing to keep said patrol car under control, thereby unable to avoid the collision; it is therefore, Resolved by the House of Representatives, the Senate concurring, that the Department of Public Safety be, and it is hereby ordered and directed to pay to F. J. Jones the sum of one hundred and twenty-nine ($129.00) dollars as compensation for damages to his Mercury Sedan on June 14, 1955, as the result of said accident. The payment of said sum shall be from funds available to the Department of Public Safety. Approved March 13, 1957. Page 3200 COMPENSATION TO LAWRENCE KELLEY JOYNER. No. 75 (House Resolution No. 191-576a). A Resolution. To compensate Lawrence Kelley Joyner, of 534 Inwood Terrace, SE, Atlanta, DeKalb County, Georgia, for property damage to his car sustained in an accident with a State Game and Fish Department station wagon. Whereas, on the 8th day of November, 1956, Lawrence Kelley Joyner was operating his 1952 four door sedan driving west toward Atlanta on Memorial Drive near the intersection of Pearl Street when a State Game and Fish Department station wagon operated by Mr. Worley, an employee of said department, ran into and sideswiped claimant's car due to the negligence of the State employee in failing to keep a proper lookout ahead and in failing to observe the reduction in the number of outgoing lanes; and Whereas, claimant was in the exercise of ordinary care and could not avoid the results of the State employee's negligence; and Whereas, claimant obtained two estimates of the costs of repairs from reputable garages and the lower estimate was in the amount of $109.23, a verified copy of said estimate having been furnished the Director of the Game and Fish Department; and Whereas, it is only just and proper that he be compensated in that said employee was not covered by liability insurance nor did claimant have property damage insurance. Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Game and Fish is hereby ordered and directed to pay to Lawrence Kelley Joyner the sum of $109.23 as compensation Page 3201 for the reasons set out above. Said sum shall be paid by the Department of Game and Fish from funds appropriated to or available to said department. Approved March 13, 1957. COMPENSATION TO RICHARD F. HEMBREE, JR. No. 84 (House Resolution No. 60-151a). A Resolution. To compensate Richard F. Hembree, Jr.; and for other purposes. Whereas, on September 6, 1956, Mrs. Montine Hembree was driving an automobile belonging to Richard F. Hembree, Jr. along highway No. 133 in Worth County behind a State Highway Truck being operated by R. J. Harris, an employee of the State Highway Department; and, Whereas, at a point approximately 1500 feet from the intersection of highway No. 133 and highway No. 112, the highway truck, without giving a proper signal turned off the road to the right, and as Mrs. Hembree started to go by the truck, it suddenly and without a signal made a U turn into the path of the automobile which she was driving, causing a collision with resulting serious damage to Mr. Hembree's automobile; and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mrs. Hembree, and it is only just and proper that Mr. Hembree be compensated for the expenses incurred as a result thereof, Now, therefore, be it resolved by the General Assembly Page 3202 of Georgia that the State Highway Department is hereby authorized and directed to pay the sum of $468.71 to Mr. Richard F. Hembree, Jr., Route No. 1, Doerun, Georgia, 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 13, 1957. COMPENSATION TO GEORGE W. LA FRAY. No. 85 (House Resolution No. 155-483a). A Resolution. To authorize and direct the State Highway Department to compensate George W. La Fray for injuries; and for other purposes. Whereas, on or about April 1, 1934, George W. La Fray was a prisoner of the State of Georgia; and Whereas, on said day, George W. La Fray was returning to camp, and was riding in the back of a State truck with his legs hanging from the side, as the work boss had required, demanded and forced him to do, when another truck, also owned by the State of Georgia, collided with the truck in which George W. La Fray was riding, crushing said party's left leg; and Whereas, as a result of said negligence on the part of the employees of the State, said George W. La Fray lost his left leg (four to six inches above his knee); Now, therefore, be it resolved by the General Assembly of Georgia, that the State Highway Department be, and is hereby directed to pay to George W. La Fray, a citizen of the State of Georgia, the sum of $2,000.00 out of funds available to the State Highway Page 3203 Department in full and final settlement of all damages arising from the above described injury. Approved March 13, 1957. COMPENSATION TO LEROY BANKS. No. 86 (House Resolution No. 31-71d). A Resolution. Directing the State Board of Corrections to pay the sum of forty-three dollars ($43.00) to Mr. Leroy Banks for damages to his car caused by the negligence of a prisoner at the Putnam Prison Branch. Whereas, on November 7, 1956, one Benjamine C. McCoy, a prisoner at the Putnam Prison Branch of the State Board of Corrections, while performing duties assigned him in hauling water in a state-owned vehicle from the cafeteria at the Rock Eagle Center in Putnam County, backed into a parked car belonging to Mr. Leroy Banks of R. F. D. 1, Eatonton, Georgia, an employee of said cafeteria, causing damages to Mr. Banks' car in the amount of forty-three ($43.00); and Whereas, said damages were caused solely by the negligence of said prisoner and without fault of Mr. Banks; 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 forty-three dollars ($43.00) to Mr. Leroy Banks as compensation for his damages, said amount to be in full settlement of said claim, and to be paid from funds appropriated or available to said Board. Approved March 13, 1957. Page 3204 COMPENSATION TO JOHN H. KICKLIGHTER. No. 91 (House Resolution No. 79-240d). A Resolution. Whereas, a great number of habeas corpus proceedings are handled in the Superior Court of Tattnall County and the City Court of Reidsville due to the fact that Tattnall State Prison is located in Tattnall County, and Whereas, the clerk of the Superior Court of Tattnall County and City Court of Reidsville is required to perform all the duties connected with such proceedings in addition to the normal flow of work, and Whereas, the additional duties required of him by virtue of such habeas corpus proceedings place an undue burden upon said clerk, and Whereas, the great majority of the petitioners in said habeas corpus proceedings, due to their poverty, are unable to pay costs in such proceedings, and Whereas, there are no provisions of law under which said clerk may be compensated for this great amount of extra, burdensome work, and Whereas, Honorable John H. Kicklighter is the clerk of both the Superior Court of Tattnall County and the City Court of Reidsville, and Whereas, there are twenty-eight habeas corpus cases in the Superior Court of Tattnall County and the City Court of Reidsville for which said clerk has not been paid costs, which costs amount to a total of $1,761.75. Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Corrections is hereby authorized and directed to pay to Honorable Page 3205 John H. Kicklighter, clerk of the Superior Court of Tattnall County and the City Court of Reidsville, the sum of $1,761.75 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said board. Approved March 13, 1957. COMPENSATION TO WILLIAM S. BARRETT. No. 94 (House Resolution No. 46-129a). A Resolution. To compensate William S. Barrett for damages to his automobile; and for other purposes. Whereas, on October 4, 1956, at about 3:15 p. m., William S. Barrett, a resident of Gainsville, Georgia, was driving his 1953 Plymouth Club Sedan on U. S. highway No. 23 about six (6) miles north of Gainesville, Georgia, when met by a truck belonging to the State Highway Department, and operated by an employee of said department, and Whereas, William S. Barrett was driving his said automobile along said road when he met said State Highway Department truck, said truck being loaded with crushed stone, and being loaded in such manner that the load of crushed stone was piled high above the sides of said truck. Said truck was going south at a high rate of speed, down grade, and meeting William S. Barrett on a curve. State highway truck being loaded in such manner that part of the load of crushed stone that was on said truck was thrown off with great force, striking and injuring the automobile being driven by William S. Barrett, and Whereas, the automobile of William S. Barrett was Page 3206 damaged as a result of falling stone, by breaking the windshield of said automobile and damaging the body and paint on said automobile in the amount of one hundred ninety-three and 87/100 dollars ($193.87), and Whereas, it appears that the damage caused to the automobile of William S. Barrett, was caused by the negligence of the driver of the State highway truck in driving at a high rate of speed and with a load of crushed stone loaded high above the body of said State truck in such manner that it could be thrown off while rounding a curve at a high rate of speed. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department, be, and is hereby ordered and directed to pay to William S. Barrett, Gainesville, Georgia, the sum of one hundred ninety-three and 87/100 dollars ($193.87) as compensation for damages herein enumerated. The payment of said sum shall be from funds appropriated to or available to the State Highway Department. Approved March 13, 1957. LAW BOOKS TO DEKALB SUPERIOR COURT. No. 98 (House Resolution No. 157-494b). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the clerk of the Superior Court of DeKalb County and for other purposes. Whereas, certain volumes of the Georgia Supreme Court Reports and Appeals Reports are missing from the Superior Court of DeKalb County, and Page 3207 Whereas, such books are necessary for the Superior Court's use, Now, therefore, be it resolved by the General Assembly of Georgia, that the State Librarian is hereby authorized and directed to furnish the clerk of the Superior Court of DeKalb County the following volumes of the Georgia Supreme Court Reports: 46, 86, 116, 145, 180, and 211 and the following Georgia Appeals Reports volumes: 7, 25, 66, and 91. 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 funds are available for such purpose from any unappropriated funds. Approved March 13, 1957. COMPENSATION TO RANDALL LEE HATTAWAY. No. 103 (House Resolution No. 130-398b). A Resolution. To compensate Randall Lee Hattaway; and for other purposes. Whereas, on June 4, 1956, at approximately 9:20 a.m., while operating his 1952 Harley Davidson Motorcycle in the corporate limits of the City of Milledgeville, a tractor owned by the State of Georgia and operated by Charlie Brown an employee of the Milledgeville State Hospital failed to stop at the intersection of Caraker Avenue and Swint Avenue and pulled into the path of Randall Lee Hattaway, and Page 3208 Whereas, as a result of said collision said motorcycle was damaged to the extent of $187.40, and Whereas, the accident was caused by the said employee of the Department of Public Welfare failing to stop the vehicle he was operating while performing the duties required of him as an employee of Milledgeville State Hospital, and Whereas, Randall Lee Hattaway was operating said vehicle within the lawful speed limit and was in nowise negligent in the operation thereof, and Whereas, it is only just and proper that he be compensated for said damages. Now, therefore, be it resolved by the General Assembly of Georgia that the Department of Public Welware is hereby authorized and directed to pay to Randall Lee Hattaway of Hardwick, Georgia the sum of $187.40 as compensation as enumerated hereinabove. Said sum to be paid from funds appropriated to or available to the Department of Public Welfare. Approved March 13, 1957. COMPENSATION TO WALTER C. WILLIAMS. No. 104 (House Resolution No. 61-152a). A Resolution. To compensate Walter C. Williams for damages to automobile; and for other purposes. Whereas, on October 2, 1956, at the intersection of Commerce and Dooley Streets in the City of Hawkinsville, Pulaski County, Georgia, at about 5:30 p. m., a 1941 Chevrolet Coupe owned and operated by Walter Page 3209 C. Williams was struck by a 1948 International Truck owned by the State Highway Department and operated by Eddie L. Banks, an employee of the State Highway Department, and Whereas, the collision occurred as a result of Eddie L. Banks, who was traveling east on Commerce Street, suddenly and rapidly turning left onto Dooley Street, at the intersection of Commerce and Dooley Streets, and Whereas, said collision was caused by the wrongful action of Eddie L. Banks and that Walter C. Williams was in no way responsible for said collision, and Whereas, damage to the 1941 Chevrolet Coupe is established to be in excess of $161.55 and that it is only just and proper that Walter C. Williams be compensated for such damages and that Eddie L. Banks was in the performance of his duties as an employee of the State Highway Department. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay to Walter C. Williams the sum of $161.55 as compensation as hereinabove enumerated. Said sum shall be paid from the funds appropriated to or available to the State Highway Department. Approved March 13, 1957. Page 3210 COMPENSATION TO MAX CASH. No. 105 (House Resolution No. 56-148c). A Resolution. Compensating Max Cash; and for other purposes. Whereas, on October 4, 1956 at approximately 7:45 a. m., Mr. Max Cash was driving his automobile south on the Mount Airy-Demorest Road and met a State Highway Department dump truck loaded with gravel, headed north on said road, about 600 feet north of the junction of said road with the Mount Airy-Clarkesville Road, and Whereas, at said time and place a piece of gravel flew off of said truck, striking the windshield of Mr. Cash's car and causing damage in the amount of $55.37, and Whereas, such damage occurred through no fault or negligence whatsoever on the part of Mr. Cash, 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. Max Cash the sum of $55.37 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 13, 1957. Page 3211 COMPENSATION TO L. K. BETHUNE. No. 106 (House Resolution No. 147-438b). A Resolution. To compensate L. K. Bethune of Valdosta, Georgia; and for other purposes. Whereas, L. K. Bethune, doing business as Delicious Foods Company, at 315 East Ann Street, in Valdosta, Georgia has paid a wholesale fish dealer's license fee of $50.00 each year for a period of nine years, and Whereas, this fee has been paid under the apprehension that he was required to obtain the wholesale fish dealer's license when his wholesale fish sales are only a minor portion of his business, and Whereas, there are 115 retail grocery-meat stores and 4 retail fish dealers listed in the Valdosta City Directory and none of them are required to obtain State licenses, and the majority of them make isolated sales to restaurants without obtaining State license, and Whereas, L. K. Bethune, doing business as the Delicious Foods Company, believes that it is only just and proper that he be reimbursed the amount paid for such license. Now, therefore, be it resolved by the General Assembly of Georgia, that the Department of Agriculture be authorized and directed to pay to L. K. Bethune, doing business as Delicious Foods Company, 315 East Ann Street, Valdosta, Georgia, the sum of $450.00, for the purposes hereinbefore enumerated. Said sum to be paid from funds appropriated to or available to the Department of Agriculture. Approved March 13, 1957. Page 3212 LAW BOOKS TO COLQUITT SUPERIOR COURT. No. 110 (House Resolution No. 137-412a). A Resolution. Authorizing and directing the State Librarian to furnish certain law books to the clerk of the Superior Court of Colquitt 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 Colquitt County; and Whereas, such books are necessary in order that the business of such court may be transacted; 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 Colquitt 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 Colquitt County. 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 such books. Approved March 13, 1957. Page 3213 COMPENSATION TO O. A. ELLINGTON. No. 111 (House Resolution No. 55-148b). A Resolution. Compensating O. A. Ellington; and for other purposes. Whereas, on November 27, 1956 at approximately 4:30 p.m., Mrs. O. A. Ellington was driving an automobile belonging to her husband north on U. S. highway 441 and a State Highway Department truck being operated by an employee of the State Highway Department was driving south on U. S. highway 441, within the city limits of Clarkesville, Georgia, and Whereas, the State Highway Department truck made a left turn in front of the automobile belonging to Mr. Ellington, causing a collision resulting in damage to Mr. Ellington's automobile in the amount of $82.11, and Whereas, the accident occurred through no fault or negligence whatsoever on the part of Mr. Ellington or his wife, 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. O. A. Ellington the sum of $82.11 as compensation, as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 13, 1957. Page 3214 COMPENSATION TO RILEY E. SHOEMAKER. No. 112 (House Resolution No. 109-339b). A Resolution. To compensate Riley E. Shoemaker; and for other purposes. Whereas, on November 16, 1956, Riley E. Shoemaker was driving his automobile on King Street in Dalton, Georgia; and Whereas, a truck belonging to the State Highway Department pulled out of a parking space and struck the vehicle belonging to Mr. Shoemaker, causing damage in the amount of $88.40; and Whereas, the accident occurred through no fault or negligence on the part of Mr. Shoemaker, 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 $88.40 to Mr. Riley E. Shoemaker of Dalton, Georgia, as compensation as set out above. Said sum shall be paid from the funds appropriated to or available to said department. Approved March 13, 1957. Page 3215 COMPENSATION TO FRANK HARTNESS. No. 114 (House Resolution No. 72-202a). A Resolution. To compensate Frank Hartness and other purposes. Whereas, on September 12, 1956, Mr. Frank Hartness, Cartersville, Georgia, was driving north on Erwin Street in Cartersville, Georgia and Whereas, a State owned bulldozer driven by J. W. Martin an employee of the State did hit the left door of a car driven by Frank Hartness. Whereas, state employee admits he was in fault causing damage to the Hartness car to the extent of ($13.96) thirteen dollars and ninety-six cents as shown by bill attached. Now, therefore, be it resolved by the General Assembly of Georgia that the State Highway Department is hereby authorized and directed to pay Frank Hartness of Cartersville, Georgia the sum of $13.96 as compensation set out above. Said sum shall be paid from funds appropriated to or available to said department. Approved March 13, 1957. COMPENSATION TO EDWARD JONES. No. 118 (House Resolution No. 99-298a). A Resolution. To compensate Edward Jones; and for other purposes. Whereas, Edward Jones was sentenced to 12 months Page 3216 on the public works for larceny of an automobile and was convicted of two other offenses and sentenced to 12 months for each offense, to be served consecutively after he had served his time on the public works for the aforesaid larceny conviction; and Whereas, the other two sentences were probated, consequently calling for no time to be served thereon on the public works; and Whereas, due to a clerical error in the records relating to Edward Jones, he was forced to serve approximately 11 months in addition to the original 12 months and received no credit for good behavior, which, in effect, forced him to serve even further time; and Whereas, due to the aforesaid error, he was unlawfully deprived of his freedom through no fault whatsoever on his part, and in addition thereto, suffered financial loss due to the fact that had he been released according to law, he would have been able to become gainfully employed; and Whereas, it is only just and proper that he be compensated for the reasons herein stated; Now, therefore, be it resolved by the General Assembly of Georgia that the State Board of Corrections is hereby authorized and directed to pay the sum of $2,080.00 as compensation to Edward Jones, as set out above. Said sum shall be paid from the funds appropriated to or available to the State Board of Corrections. Approved March 13, 1957. Page 3217 PRINCIPAL AND SURETY RELIEVED ON APPEARANCE BOND. No. 119 (House Resolution No. 74-225a). A Resolution. To relieve the principal and security on an appearance bond; and for other purposes. Whereas, an appearance bond of Thomas E. Brinson was forfeited by mistake in Clarke Superior Court; Now, therefore, be it resolved by the General Assembly of Georgia that the principal, Thomas E. Brinson, and the security, Doyle Acree, be relieved from the payment of the aforesaid appearance bond, and the clerk of the Clarke Superior Court is hereby ordered and directed to mark the execution issued on the forfeiture of said bond cancelled and satisfied of record. Approved March 13, 1957. TALIAFERRO COUNTY COMMISSIONERSCOMPENSATION. No. 442 (House Bill No. 594). An Act to amend an Act entitled An Act to amend the Act of 1922 (Ga. L. 1922, pp. 416-418), approved August 17, 1922, so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. Page 3218 2752), so as to increase the travel expense of the chairman; 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 amend the Act of 1922 (Ga. L. 1922, pp. 416-418), approved August 17, 1922, so as to change the term of office board of county commissioners of Taliaferro County from two to four years, to fix the term of office, to provide compensation for such officers, to provide for their election, to provide for the conduct of their office and duties, and for other purposes, approved March 7, 1939 (Ga. L. 1939, p. 734), as amended, particularly by an Act approved March 4, 1955 (Ga. L. 1955, p. 2752), is hereby amended by striking from section 4 the words and figures thirty-five ($35) dollars and inserting in lieu thereof the words and figures one hundred ($100) dollars, so that section 4, as so amended shall read: Section 4. That the salary of the chairman of said board shall be one hundred seventy-five ($175) dollars per month, provided however that in all years in which the tax rate of the county, for county purposes, does not exceed fifteen mills, the chairman of said board shall receive an additional fifty ($50) dollars per month as salary. The chairman of said board shall also receive travel expenses not to exceed one hundred ($100) dollars per month. The compensation of the other two members of said board shall be fifteen ($15) dollars per diem for each day they shall, in the discharge of their duties, attend a meeting of such board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Taliaferro County. Before me a Notary Public, in said state, does appear Carey Williams who on oath says that he is the publisher of The Advocate Democrat, a newspaper published Page 3219 for Taliaferro County, Ga., and that the legal advertisements appear in such paper. He further states that the following legal advertisement appeared in the issues of: February 1st, February 8th and February 15th, 1957. /s/ Carey Williams. Sworn to and subscribed before me this 11th day of February, 1957. /s/ R. M. McCommons Notary Public. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to amend an Act approved August 17, 1922 (Ga. L. 1922, p. 416), and acts amendatory thereto as relating to the duties, compensations, and expenses of the county commissioners and for other purposes. This 28th day of January, 1957. Wales T. Flynt Representative, Taliaferro County. 1feb3tc. Approved March 13, 1957. CITY OF VIENNA CHARTER AMENDED. No. 443 (House Bill No. 447). An Act to amend an Act creating a new charter for the city of Vienna, in the county of Dooly, approved August 16, 1955 (Ga. L. 1915, p. 899), as amended, so as to provide that no woman may be denied to right to become a candidate for and hold any public office because she is of the female sex if she meets the other Page 3220 qualifications for said office; 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 Vienna, in the county of Dooly, approved August 16, 1955 (Ga. L. 1915, p. 899), as amended, is hereby amended by adding a new section to be numbered section 24-A and to read: Section 24-A. Nothing in this Act shall be construed to deny any woman the right to become a candidate for office or to hold any office in said city because she is of the female sex if she meets the other qualifications for said office. Qualifications to hold public office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Publisher's Affidavit. Georgia, Dooly County. Personally appeared before the undersigned officer duly authorized to administer oaths in State and County, Mrs. C. M. Methvin who, first being duly sworn, deposes and says the following: That she is the publisher of the Vienna News, the official gazette of Dooly County, Georgia, and that the notice of intention to introduce local legislation attached hereto has been duly published in the Vienna News of January 24, January 31, and February 7, 1957. /s/ Mrs. C. M. Methvin Publisher, Vienna News Sworn to and subscribed before me this 9 day of February, 1957. /s/ Edna G. Carr, N. P. Notary Public, Dooly County, Ga. My Commission expires: 3/25/57. Page 3221 Notice of Intention to Introduce Local Legislation. Notice is hereby given that it is my intention to introduce at the 1957 session of the General Assembly of Georgia, a bill amending the charter of the City of Vienna so as to make provisions relative to the qualifications of females for municipal office; and for other purposes. This 21 day of January, 1957. Buford W. Carr, Representative, Dooly County. Approved March 13, 1957. COMPENSATION OF MEMBERS OF BOARDS OF EDUCATION IN CERTAIN COUNTIES. No. 444 (House Bill No. 596). 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 14,230 and not less than 14,200, according to the United States Census of 1950, or any future such census, shall each be paid the sum of twenty-five dollars ($25.00) for each day's service, not to exceed fifty dollars ($50.00) 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 county board of education in all counties of this State having a population of not more than 14,230 and not less than 14,200, according to the United States Census of 1950, or any future such census, shall each be paid the sum of twenty-five dollars ($25.00) for each day's actual service, said sum to be paid out of the school funds appropriated to the county. Provided however, that the total compensation Page 3222 for any one member shall not exceed fifty dollars ($50.00) per month. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Montezuma, Georgia. February 14, 1957. To whom it may concern: This is to certify that the Notice of Intention To Introduce Legislation was published in the Citizen Georgian, Montezuma, Macon County, Georgia on Thursday, January 31, February 7 and February 14, 1957. /s/ J. C. Cox, publisher J. C. Cox Georgia, Macon County: Sworn to and subscribed before me this February 14, 1957. /s/ Annie Pearl Brown Notary Public, Georgia, State at Large. (Seal). My Commission expires 3/21, 1960. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the undersigned intends to apply to the General Assembly of Georgia at the January, 1957, session thereof, for enactment of an act to provide that members of the county boards of education in all counties having a population of not more than 14,230 and not less than 14,200, according to the United States census of 1950, or any future such census, shall be paid the sum of twenty-five ($25.00) dollars for each day's service, not to exceed fifty ($50.00) dollars per month, to be paid from the county school funds; to repeal conflicting laws; and for other purposes. Page 3223 This 29th day of January, 1957. J. Lester Souter, Representative, Macon County, Georgia. 1-31-57-3t.cg Approved March 13, 1957. TOWN OF SNELLVILLE CHARTER AMENDED. No. 448 (House Bill No. 311). An Act to amend the charter of the Town of Snellville, approved August 20, 1923, and all Acts amendatory thereto; to provide for the staggering of terms of councilmen; to authorize and empower the governing authorities of said Town of Snellville to pass planning and zoning laws for said town, 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 section 4 of the above recited Act adopted August 20, 1923 (Ga. L. 1923, p. 775) be amended by striking the said section in its entirety and substituting in lieu thereof the following, to be known as section 4: Section 4. Be it enacted by the authority aforesaid that an election shall be held in the Town of Snellville on the third Monday in December, 1957, for the election of a mayor and five councilmen to succeed the present mayor and councilmen of the said Town of Snellville; at which time the mayor and two councilmen shall be elected for the term of two years, called the long term and three councilmen shall be elected for a period of one year, called the short term; candidates for the office of councilman shall indicate their intention to run Page 3224 for the short term or long term and the ballots shall be so marked. Thereafter, each year on the third Monday in December the vacancies in the office of the mayor and councilmen as their terms expire shall be filled by an election for a two year term. The mayor and councilmen shall be sworn into office on the first day of January following their election and serve for the term for which elected or until their successors are elected and qualified. Terms of mayor and councilmen. Section 2. Be it further enacted that the charter of the Town of Snellville, approved August 20, 1923, as amended, be further amended by adding an additional section to said charter, as follows: Be it further enacted by authority of the same that said mayor and council acting for and on behalf of the Town of Snellville, 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 ordinances. 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. Georgia, Gwinnett County. Personally appeared before the undersigned authority, Marvin A. Allison, who, being sworn, on oath says: That he is publisher of The News Herald, official Page 3225 organ of the County of Gwinnett in the City of Lawrenceville, Georgia. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the January, 1957, session of the General Assembly of Georgia, which convenes January 14th, 1957, a local bill to be entitled: An Act to amend the charter of the Town of Snellville, approved August 20, 1923, and all Acts amendatory thereto; to provide for the staggering of terms of councilmen; to authorize and empower the governing authorities of said Town of Snellville to pass planning and zoning laws for said town, and other purposes. This 26th day of December, 1956. Earl P. Story Tom W. Moss Representatives, Gwinnett County. Affiant says that the above and foregoing notice was published in said newspaper in the issues of December 27, 1956, January 3, 10 and 17, 1957. /s/ Marvin A. Allison Marvin A. Allison Sworn to and subscribed before me this the 28th day of January, 1957. /s/ Mrs. J. B. Atkinson Notary Public, Gwinnett County, Ga. Approved March 15, 1957. Page 3226 CITY OF ALMA CHARTER AMENDED. No. 451 (House Bill 580). An Act to amend an Act creating a new charter for the City of Alma, approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, so as to provide that said city may operate a system of lights and water both within and without the corporate 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 for the City of Alma, approved August 21, 1906 (Ga. L. 1906, p. 496), as amended, is hereby amended by the addition of the following sentence to the end of section 33 of said Act: Said system of lights and waterworks may be operated both within and without the corporate limits of the City of Alma. System of lights and waterworks. so that, when so amended, said Section will read as follows: Section 33. Be it further enacted, That said mayor and councilmen shall have the right to regulate the places of telegraph and telephone poles in said town, and to remove, or to compel telegraph or telephone companies to remove, said poles when they become dangerous to person or property, or are to become an impediment to the use of the streets or private or public property. Said mayor or council may provide a system of public schools, lights or waterworks for said town, as may be determined by a two-thirds vote of all the qualified voters of said town, voting at an election held for that specific purpose. Said system of lights and waterworks may be operated both within and without the corporate limits of the City of Alma. Page 3227 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Bill. Notice is hereby given that in the January 1957 session of the Georgia General Assembly the undersigned, will apply for the passage of a local bill for the purpose of amending the charter of the City of Alma, Georgia, with the appropriate legislation to enable the City of Alma to serve areas or customers outside the corporate limits of the City of Alma wherein they deem it necessary to so do and where the customer petitions to become corporated in the City of Alma. C. J. Broome, Jr., State Representative, Bacon County, Georgia. 1-31 2-7-14. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, C. J. Broome, who, on oath, deposes and says that he is representative from Bacon County, and that the attached copy of notice of intention to introduce local legislation was published in the Alma Times which is the official organ of said county, on the following dates: Jan. 31, Feb. 7, and Feb. 14, 1957. /s/ C. J. Broome Representative, Bacon County. Sworn to and subscribed before me this 15th day of Feb. 1957. /s/ Eric Holmes, Jr., Notary Public. Approved March 13, 1957. Page 3228 MONROE COUNTY COMMISSIONERS COMPENSATION. No. 452 (House Bill No. 587). An Act to amend an Act creating a board of commissioners of roads and revenues for Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved August 4, 1917 (Ga. L. 1917, p. 372), and an Act approved February 13, 1950 (Ga. L. 1950, p. 2362), so as to change the compensation of the commissioners; 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 Monroe County, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, particularly by an Act approved August 4, 1917 (Ga. L. 1917, p. 372) and an Act approved February 13, 1950 (Ga. L. 1950, p. 2362) is hereby amended by striking the last two sentences of section 6 and inserting in lieu thereof the following: Each commissioner shall be compensated in the amount of twelve hundred ($1200.00) dollars per annum to be paid in equal monthly installments from the funds of Monroe County. Salary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Monroe County. Notice is hereby given of the intention to introduce in the January-February session of the General Assembly of Georgia a local bill to change the compensation of the commissioners of roads and revenues of Monroe County, and for other purposes. This notice is being given as required by the Constitution Page 3229 of the State of Georgia in Paragraph XV, Article Three thereof. This January 24, 1957. Wm. B. Freeman Representative in the General Assembly. Monroe County. 3t 2-7 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wm. B. Freeman, who, on oath, deposes and says that he is representative from Monroe County, and that the attached copy of notice of intention to introduce local legislation was published in the The Monroe Advertiser which is the official organ of said county, on the following dates: January 24, 31, and February 7, 1957. /s/ Wm. B. Freeman Representative, Monroe County. Sworn to and subscribed before me this 13th day of February 1957. /s/ Frank H. Edwards Notary Public, Georgia, State at Large. My Commission expires October 14, 1959. (Seal). Approved March 13, 1957. Page 3230 SALARY OF ASSISTANT SOLICITORS-GENERAL IN CERTAIN COUNTIES. No. 453 (House Bill No. 576). An Act to amend an Act of the General Assembly of Georgia of 1890-91 (Ga. L. 1890-91, p. 223) providing for the appointment of a special criminal bailiff in counties having a population of more than 20,000 or more, as amended by the General Assembly of Georgia of 1929 (Ga. L. pp. 177-179, and 179-182) providing for the salary of said special criminal bailiff in counties having a population of not less than 70,000 and not more than 90,000, as amended by the General Assembly of Georgia of 1937 (Ga. L. pp. 790-91-92) providing that in counties having a population according to the United States Census of 1930, or any future United States Census, of not less than 70,000 and not more than 80,000 there shall be an assistant solicitor-general in lieu of said special criminal bailiff, and providing for the salary and for the oath, duties and qualifications for such officer, by providing that in counties having a population, according to the United States Census of 1940 or any future United States Census, of not less than 81,000 and not more than 83,775, as amended by the General Assembly of Georgia of 1943 (Ga. L. pp. 1137-1140), by increasing and providing that the salary of the said assistant solicitor-general be increased at a certain amount per month each month and for other purposes, as amended by the General Assembly of Georgia of 1945 (Ga. L. pp. 1148-49-50), by increasing and providing that the salary of the said assistant solicitor-general be increased at a certain amount per month each month and for other purposes; as amended by the General Assembly of Georgia of 1949 (Ga. L. pp. 2089-90-91-92) by providing that in counties having a population according to the United States Census of 1950 or any future United States Census of not less than 108,000 and not more than 112,000, by increasing and providing that the salary of said assistant solicitor general be increased Page 3231 at a certain amount per month each month, and for other purposes as amended by the General Assembly of Georgia of 1951 (Ga. L., pp. 632-33-34-35), by increasing and providing that the salary of the said assistant solicitor general be increased at a certain amount per month and for other purposes; as amended by the General Assembly of Georgia of 1953 (Ga. L., pp. 2476-77-78-79-80), by increasing and providing that the salary of the said assistant solicitor general be increased at a certain amount per month each month and for other purposes; so as to strike the figures of $393.75 and insert in lieu thereof the figures $450.00 wherever they appear in said Act and so to strike the words three hundred and ninety-three and 75/100th dollars and insert in lieu thereof the words four hundred fifty and no/100ths dollars wheresoever they appear in said Act. Section 1. Be it enacted by the General Assembly of Georgia that the Act of the General Assembly of Georgia appearing in the Georgia Laws, 1953, pages 2476-77-78-79-80, inclusive, which provides for the compensation of the assistant solicitor general and for car allowance is hereby amended by striking from section 1 thereof the words three hundred ninety-three and 75/100ths dollars wherever they appear, and the figures $393.75 wherever they appear and inserting in lieu of the words stricken four hundred fifty and no/100ths, and inserting in lieu of the figures so stricken $450.00, so that said section when amended, shall read as follows; to-wit: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by the authority of the same that the Act of the General Assembly of Georgia 1890-91, to-wit: Georgia Laws 1890-91, pages 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 said General Assembly of Georgia of 1929, to-wit, Georgia Laws, 1929, pages 177-179 and 179-182, providing for the salary of said special criminal Page 3232 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), be and the same are hereby amended by adding the following provisos; Provided, however, that in all counties of this State having a population according to the United States Census, of not less than Seventy thousand (70,000) and not more than eighty thousand (80,000), the solicitor general may appoint with the approval of the judge of the Superior Court of the Circuit wherein the county of the appointment is situate, and assistant solicitor general; the said assistant solicitor general to be subject to removal by the solicitor general, with the approval of the Judge of the Superior Court for misconduct in office or other sufficient cause, to be judged of by them, said assistant solicitor general shall be appointment (sic) as aforesaid, in lieu of the special criminal bailiff hereinbefore provided, and no other investigation (sic), or assistant shall be employed by the solicitor General in the county of the said assistant solicitor general's appointment, said solicitor general when appointed and before assuming the office, shall take the same oath of office, in substance, as is prescribed for solicitors 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 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 all 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 four hundred and fifty ($450.00) dollars per month, to be paid monthly out of the county treasury of the county of said assistant's appointment. 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 108,000 and not more than Page 3233 112,000, the salary of the said assistant solicitor-general shall be four hundred fifty ($450.00) dollars per month to be paid monthly out of the county treasurer of the county of said assistant solicitor's general'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. Be it further enacted by the authority aforesaid that all laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. TIFT COUNTY COMMISSIONERSSALARY. No. 455 (House Bill No. 389). An Act to amend an Act approved August 9, 1917 (Ga. L. 1917, p. 396), entitled An Act to create a board of commissioners of roads and revenues in and for the county of Tift, etc. as amended, particularly as amended by an Act approved August 19, 1927 (Ga. L. 1927, p. 682), by an Act approved March 25, 1947 (Ga. L. 1947, p. 303), and by an Act approved January 31, 1951, (Ga. L. 1951, p. 2073), so as to increase and fix the salary of the chairman of said board, and so as to increase and fix the salaries of the members of said board other than the chairman; 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 section 9 of an Act approved August 9, 1917, (Ga. L. 1917, p. 396), entitled An Act to create a board of commissioners of roads and revenues in and for the County of Tift, etc., as amended by Section 1 Page 3234 of an Act approved August 19, 1927, (Ga. L. 1927, p. 682), and as further amended by section 1 of an Act approved March 25, 1947, (Ga. L. 1947, p. 303), be, and the same is hereby, further amended by striking therefrom the following words and figures of lines 25, 26, 27, and 28 of said section 9 as amended by section 1, Georgia Laws of 1947, page 303 of the Act approved March 25, 1947, to wit: a sum of not less than twenty-four hundred dollars ($2400.00) nor more than thirty-six hundred dollars ($3600.00) per annum, the exact amount to be determined annually by the grand jury. and by inserting therein the following words and figures, to wit: the sum of six thousand dollars ($6,000.00) per annum. Said salary shall be paid from the county treasury in monthly installments by warrants drawn on the treasury or depository, as in the case of other claims against said county, so that said section as amended shall read as follows: Chairman's salary. Section 9. Be it further enacted, that the board of commissioners shall hold their regular session on the first Monday in each month in the courthouse of said county, and may adjourn from day to day until their business is finished; and extra session may be held at any time on the call of the chairman, of any two members of the board when in the judgment of the board the interest of the county demands it; that the present chairman of said board, to wit, Honorable N. L. Coursey, shall continue to act as chairman thereof until the first day of January, 1929; that at the December term 1928, of Tift Superior Court, and at the same term of such court each two years thereafter, the grand jury of such court shall select a chairman of the board of commissioners to serve for a period of two years from the first day of January following such election; such chairman to be selected from the members of the board. That the chairman of the board shall be sole purchasing agent for the County of Tift, and no contracts for the payment of materials or supplies for any offices or departments of public work of said county shall be binding against the County of Tift if made by any other person than the chairman of the board of county commissioners, and such chairman shall Page 3235 receive as compensation thereof the sum of six thousand ($6,000.00) per annum. Said salary shall be paid from the county treasury in monthly installments by warrants drawn on the treasury or depository, as in the case of other claims against said county. Said Board may make such rules and regulations as it may deem advisable for its own government and the government of its secretary and other employees, not inconsistent with this Act or the laws of this State. Said board shall keep correct minutes of its official acts and doings in a minute-book kept for such purposes, a book of receipts and disbursements, a general ledger, and a warrant book, such as are now kept in such office, a book containing a complete list of all the county property, real and personal, and shall make a record of all sales or other deposition of the same, also a road register in which shall be kept a record of all the public roads of said county, particularly describing said roads, and shall make a record of all new roads which shall be hereafter granted in accordance with law. Said board shall also keep on file all paid warrants and vouchers, and other paper necessary to show a complete record of all the transactions of said county. Section 2. That section 19 of an Act approved August 9, 1917, (Ga. L. 1917, p. 396), entitled An Act to create a board of commissioners of roads and revenues in and for the County of Tift, etc., as amended by section 1 of an Act approved January 31, 1951, (Ga. L. 1951, p. 2073), be and the same is hereby, further amended by striking therefrom the following words and figures of lines 3 and 4 of said section 19 as amended by said section 1, Georgia Laws of 1951, page 2073, to wit: six hundred ($600.00) dollars and by inserting therein the following words and figures, to wit: twelve hundred ($1200.00) dollars so that said section as amended shall read as follows: Members' salaries. Section 19. Each member of said board of commissioners of roads and revenues other than the chairman shall receive as compensation, a salary of twelve hundred ($1200.00) dollars per annum, and they shall receive Page 3236 no other compensation of any kind whatsoever. Said salary shall be paid from the county treasury in monthly installments and warrants drawn on the treasury or depository, as in the case of other claims against said county. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Affidavit. State of Georgia, County of Tift. Personally appeared before me an officer duly authorized to take acknowledgments and administer oaths, Julian Clark, managing editor of the Tifton Gazette, the local newspaper of Tift 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 managing editor of said Tifton Gazette and that he did publish in three different issues of said paper, the said issues being January 17th, 1957, January 24th, 1957, and January 31st, 1957, the following notice: Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the General Assembly of Georgia at the session thereof convening January 14, 1957, a local bill to amend an Act creating a board of commissioners of roads and revenues for Tift County approved August 7, 1917 (Ga. L. 1917, p. 396), as amended, so as to increase and fix the salary of the chairman of said board, and so as to increase and fix the salaries of the members of said board other than the chairman, and for other purposes. /s/ Wm. T. Bodenhamer Wm. T. Bodenhamer Representative, Tift County. Page 3237 /s/ Leonard Morris Leonard Morris Representative, Tift County. /s/ DeNean Stafford DeNean Stafford Senator, 47th Senatorial District. /s/ Julian Clark Julian Clark Sworn to and subscribed before me, this the 31st day of January, 1957. /s/ Henry W. Bostick Clerk Superior Court, Tift Co., Ga. (Seal). Approved March 13, 1957. DISPOSITION OF FINES AND FORFEITURES IN CERTAIN COUNTIES. No. 456 (House Bill No. 259). An Act to provide for the disposition and application of fines and forfeitures arising from traffic cases in the court of ordinary in certain counties; to provide that the clerk of the superior court of said counties shall be ex-officio clerk of the court of ordinary in all cases involving violations of traffic laws, but in no other cases before said ordinary; 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 less than 11,900 and not more than 12, 125, according to the 1950 United States Census, or any future United States Census, all fines and forfeitures arising in the court of ordinary from all cases involving violations Page 3238 of the traffic laws of this State, shall be applied and paid out as follows: Counties where applicable. First, the fees and costs due the respective officers including the ordinary and sheriff, in the cases out of which such fines and forfeitures arise, shall be paid first to said officers; Disposition. Second, the balance of such fines and forfeitures arising from said traffic cases shall be divided so that the clerk of the superior court, who shall serve as exofficio clerk of the court of ordinary as hereinafter provided, shall receive one half and one half shall be paid into the county treasury as other fines and forfeitures in criminal cases are so paid. Section 2. The clerk of the superior court of all such counties shall serve as ex-officio clerk of the court of ordinary on all cases involving the violation of the traffic laws of this State, but in no other cases, before said court of ordinary. It shall be said clerk's duty to keep all the dockets and other records involving traffic law violations before said court of ordinary, and to receive the fines and forfeitures arising in the traffic cases in said court and to disburse and distribute same as herein provided. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. CITY OF DOUGLAS CHARTER AMENDED. No. 457 (House Bill No. 513). An Act to amend the Act approved December 20, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, so as to provide: That the City of Douglas Page 3239 shall not levy or collect for its ordinary current expenses an ad valorem tax upon the property within its corporate limits exceeding one-half of one per centum upon the value of said property; to define the term ordinary current expenses; to vest said city with the authority to levy and collect annually an ad valorem tax not to exceed one-tenth of one per centum upon the value of said property to encourage, promote and expand industrial businesses or enterprises within its corporate limits; 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 the terms and provisions of the Act approved December 20, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, be further amended so as to provide: 1. The City of Douglas shall not levy or collect for its ordinary current expenses, except as hereinafter provided, an ad valorem tax upon the property within its corporate limits exceeding one-half of one per centum upon the value of said property. Ad valorem tax. 2. The term ordinary current expenses shall be construed to include all current expenses, excepting only expenditures for encouraging, promoting and expanding industrial business or enterprises, for education, for paving or macadamizing streets, and for the payment of the principal and interest of the public debt, which shall be known as extraordinary expenses. Ordinary current expenses defined. 3. The City of Douglas is vested with the authority to levy and collect annually an ad valorem tax not to exceed one-tenth of one per centum upon the value of said property to encourage, promote and expand industrial businesses or enterprises within its corporate limits. Special ad valorem tax. 4. In all cases where it shall be necessary to levy an Page 3240 additional tax above said one-half of one per cent, for any one or more of said extraordinary expenses, the levy and assessment of the same for each said extraordinary expense shall be separately made and collected. Extraordinary expenses. 5. The municipal authorities shall cause separate accounts to be kept, on account of all amounts collected and disbursed on account of each of said extraordinary expenses; and all amounts so collected shall be applied exclusively to the extraordinary expenses for which said tax was levied and collected. Same, records. 6. Any officer of the City of Douglas who shall apply any portion of any fund collected by taxation for any of said extraordinary expenses to any other ordinary or extraordinary expense, shall be guilty of malpractice in office. Same, malpractice in office. 7. If an additional fund is required by the City of Douglas for internal improvements, not herein provided for, or if the amount realized by the levy of one half of one per centum shall be insufficient to defray the ordinary current expenses of the city, an additional tax may be levied for such purpose when the same shall be authorized by a vote of two-thirds of the legal voters of the city who shall vote at an election held for that purpose, and separate accounts of all amounts so collected and disbursed, shall be kept as provided in sub-section 5 above. Other expenses. Section 2. All laws or parts of laws in conflict with this Act are repealed. Notice of Intention to Introduce Bill for Local Legislation. Notice is hereby given that there will be introduced for passage in the General Assembly of Georgia at the session convening in January, 1957, a bill entitled: An Act to amend the Act approved December 20, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory Page 3241 thereof, so as to provide: That the City of Douglas shall not levy or collect for its ordinary current expenses an ad valorem tax upon the property within its corporate limits exceeding one-half of one per centum upon the value of said property; to define the term ordinary current expenses: to vest said city with the authority to levy and collect annually an ad valorem tax not to exceed one-tenth of one per centum upon the value of said property to encourage, promote and expand industrial businesses or enterprises within its corporate limits; to repeal conflicting laws; and for other purposes. This 21st day of January, 1957. G. H. Mingledorff City Attorney for the City of Douglas. Georgia, Coffee County. In person before me, an officer authorized to administer oaths, appeared the undersigned, who says and certifies on oath that he is publisher of the Coffee County Progress, the newspaper published in the City of Douglas in which the sheriff's advertisements for the County of Coffee are published; that the foregoing notice of intention to apply for local legislation was published in said paper on the 24th and 31st day of January, and the 7th day of February, all in the year 1957. /s/ Shelby W. Davis. Sworn to and subscribed before me, this 11th day of February, 1957. /s/ E. R. Smith, Jr. Notary Public, Georgia, State at Large. (Seal). Notice to Apply for Local Legislation for the City of Douglas, Georgia. Notice is hereby given that application will be made at the session of the General Assembly of Georgia convening Page 3242 in January, 1957, for the passage of a bill entitled: An Act to amend the Act approved the 20th day of December, 1899, creating a new charter and municipal government for the City of Douglas, and the several Acts amendatory thereof, vesting in the City of Douglas, acting by and through its board of commissioners, authority to close that portion of Shirley Avenue from Ward Street south to Bryan Street, and that portion of Ward from its intersection with Georgia State highway No. 32 westward to the east line of Seymour Avenue extension; and for other purposes. This 14th day of January, 1957. G. H. Mingledorff. City Attorney for the City of Douglas, Georgia. 1-17, 24, 31 Approved March 13, 1957. CITY OF LITHONIA CHARTER AMENDED. No. 458 (House Bill No. 484). An Act to amend the charter of the City of Lithonia, and the several acts amendatory thereof by providing a method for the permanent registration of qualified voters, 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 Act approved August 4, 1913, and incorporated in the Acts of 1913, pages 928 to 959, inclusive, and the several Acts amendatory thereof, be and the same is hereby amended by adding a new paragraph to section 7 of the charter of the City of Lithonia, to read as follows: Page 3243 On and after the first Monday in November, 1957, the clerk of the City of Lithonia shall keep a book to be known as The City of Lithonia Permanent Registration Book' in which electors of said city shall sign the oath hereinbefore provided. Each person who registers in said book shall not be required to register again, but he shall be permanently registered and qualified to vote in any general or special election unless he shall become disqualified. Registration of electors. Section 2. Be it further enacted that evidence of advertising as required by the Constitution of the State of Georgia is hereto attached and made a part hereof. Section 3. Be it further enacted that all laws or parts of laws in conflict herewith be, and the same are hereby, repealed. Notice of Local Legislation. Notice is hereby given that the undersigned intend to apply for the passage of local legislation at the January, 1957, session of the General Assembly of Georgia, as follows: An Act to amend the charter of the City of Lithonia, Georgia, as incorporated in the Acts of 1913, pages 928 to 959, inclusive, and the several Acts amendatory thereof, by providing a method for the permanent registration of qualified voters and for other purposes. This 24th day of December, 1956. Jas. A. Mackay W. Hugh McWhorter Guy W. Rutland, Jr. 12-27-3t. 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 th City of Decatur, being of general circulation Page 3244 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 requried by law; said dates of publication being December 27, 1956, January 3, 1957 and January 10, 1957. The DeKalb New Era /s/ W. H. McWhorter W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 10th day of January, 1957. /s/ Joseph H. Baird Notary Public, DeKalb County, Georgia My Commission expires Dec. 18, 1957. (Seal). Approved March 13, 1957. POLICE PENSION FUNDS IN CERTAIN CITIES. No. 459 (House Bill No. 509). An Act to amend an Act approved February 15, 1933 (Ga. L. 1933, p. 212, et seq.), providing for pensions for members of police departments in cities having a population of 150,000 or more according to the last census of the United States or any subsequent census thereof, and for other purposes more fully set out in the caption of said Act, and the several Acts amendatory thereof, and particularly the amendatory Act approved February 7, 1955 (Ga. L. 1955, p. 2046), by providing for increased pension benefits; to repeal conflicting laws; and for other purposes. Page 3245 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 15, 1933 (Ga. L. 1933, p. 212, et seq.), providing for pensions of members of police departments in cities having a population of 150,000 or more, according to the last census of the United States or any subsequent census thereof, and the several Acts amendatory thereof, be and the same is hereby further amended as follows: Section 1. Pension payments due to former officers and employees who have retired as a matter of right and have been awarded pensions under the terms of this act, as amended, and all such officers and employees who may hereafter retire as a matter of right shall, in addition to the basic pension provided by said Act, receive $5.00 per month for each full year's active service in excess of 25 years. The records kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. Pension payments. Section 2. Pension payments due all former officers and employees who have heretofore retired and have been awarded a pension under the provisions of this Act, who have reached 70 years of age, or more, before the first of the month following the approval of this Act, shall be re-computed upon the following basis: The total pension benefits shall be a sum equal to one-half of the average monthly salary of such former employee during the last three years of his active service to such city, but shall not exceed the sum of $150.00 per month. The pension payments due to persons who were retired because of disability or for a period of service less than 25 years shall be increased in the same proportion. All such persons shall receive a minimum of $4.00 per month for each full year of active service to such city subject to the limitations hereinafter set out. Same. Section 3. Any employee participating in the provisions of this Act, as amended, who leaves the employ of such city prior to retirement shall have refunded to him Page 3246 an amount equal to the amount which he has paid into said fund. Refund of contributions. Section 4. The total pension benefits as provided by this Act, as now amended, shall be limited in the following particulars: The total pension benefits plus any social security benefits that may inure to such person by reason of his employment by such city shall not exceed 75% of his average monthly salary averaged for the last year of his employment as herein provided. The board of trustees shall establish rules to carry out this restriction, which shall not apply to social security benefits inuring to such person by reason of other employment. Limitation of amount of pension. Section 5. Any person qualified for pension benefits under this Act, as amended, who was employed by the State of Georgia or a political subdivision thereof, prior to his employment by such city, to render service within the county in which such city is located in whole or in part, may receive credit for such service for pension benefits under this Act, as amended, upon the following terms and conditions: Credit for prior service. 1. No credit may be given for part time or temporary service. 2. Such person must have had at least five year's continuous service with the city, before becoming eligible for this credit. 3. Application must be made for the credit within six months after the passage of this Act or after becoming eligible for the credit, whichever is later. 4. Such person shall pay into the pension fund created by this Act, as amended, an amount equal to the amount he would have paid into such fund had he been an employee of such city during such time. The payments may be divided into 36 equal installments bearing interest at 4% per annum, and the amounts thereof deducted from any compensation of pension benefits due such person. Page 3247 5. It shall be the responsibility of the person making application for such credit to furnish to the board of trustees proof of the years of service and the monthly rate of compensation in such manner as the board may by rules prescribe. Proof of prior service. 6. The total amount of creditable service as provided in this Act shall not exceed ten years. Section 6. Any person entitled to disability benefits under the provisions of this Act, as amended, may receive such benefits after he has been in the active employment of the city for a period of ten years. Disability benefits. Section 7. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Liberal construction. Section 8. 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 in any way any of the remaining provisions. Provisions severable. Section 9. This Act shall be effective April 1, 1957. Effective date. Section 10. The increased pension benefits provided by this amendment shall be paid by the board of trustees from funds available to them for the payment of pensions. Funds. Section 11. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. Page 3248 SALARIES OF CORONERS IN CERTAIN COUNTIES. Code 21-105 Amended. No. 463 (House Bill No. 564). An Act to amend Section 21-105 of the Code of Georgia, relating to the fees paid to coroners, by providing that in certain counties within this State the coroner shall be paid a salary in lieu of fees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Code section 21-105, relating to fees paid to coroners is hereby amended by adding thereto the following words: In all counties of this State having a population of not less than 14,900 and not more than 15,190, according to the United States census of 1950, or any future United States census, the coroner shall receive a salary of $480.00 per year out of the county treasury, payable monthly. Said salary shall be in lieu of the fees allowed a coroner by law for holding inquests, all of said fees to be hereafter paid into the county treasury. Coroners' salaries in certain counties. Section 2. All laws and parts of laws in conflict with this Act 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 20th Page 3249 day of December, 1956, 27th day of December, 1956 and the 3rd day of January, 1957. /s/ Ned Lee. Ned Lee. Subscribed and sworn to before me, this 26 day of January, 1957. /s/ Davis G. Epperly, Notary Public. Notice of Intention to Apply for Passage of Local Bill. Notice is hereby given that the undersigned intends to apply for the passage of local legislation at the January, 1957, session of the General Assembly of Georgia, the title of which bill to be as follows: An act to amend section 21-105 of the Code of Georgia of 1933, as amended, so as to provide that coroners of counties having a population of not less than 15,000 and not more than 15,170 according to the United States Census of 1950, or any future United States Census, shall receive a salary of $480.00 per year in lieu of the fees allowed by law for holding inquests, and for other purposes. This 18th day of December, 1956. John W. Love, Jr. Approved March 13, 1957. CITY OF MACONSTREETS ABANDONED. No. 466 (House Bill No. 584). An Act to vest title in the City of Macon, its successors and assigns, to a certain portion of Orange Street at its intersection with First Street, and a certain portion of First Street at its intersection with Orange Street, Page 3250 in said city, and to close, vacate, and abandon said portion of said streets for street purposes 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 portion of Orange Street at its intersection with First Street, and the portion of First Street at its intersection with Orange Street, in the City of Macon, as described in section 2, hereof, are hereby closed, vacated and abandoned for street purposes. Streets closed. Section 2. That the fee simple title to that portion of Orange and First Streets as shown on the original maps of the City of Macon and contained within the following described area: Commencing at a point where the inside line on the northwest side of the sidewalk on First Street intersects with the inside line of the sidewalk on the southwest side of Orange Terrace; thence in a southwesterly direction along the inside line of said sidewalk on First Street a distance of 274 feet, more or less, to the point where an extension of the original property line on the southwesterly side of Orange Street intersects with said line of said sidewalk; thence in a northwesterly direction along the extension of said original property line and along said original property line on the southwesterly side of Orange Street a distance of 360 feet, more or less, to the southeasterly edge of the sidewalk on Highland Terrace; thence in a northeasterly direction along the southeasterly edge of said sidewalk and an extension of said line thereof a distance of 156 feet, more or less, to the southwesterly edge of the sidewalk on Orange Terrace; thence in a southeasterly direction along said edge of said sidewalk a distance of 137 feet, more or less, to an offset in said sidewalk; thence in a southwesterly direction along said offset a distance of 3 feet, more or less, to the end of said offset; thence in a southeasterly direction along the southwesterly line of said sidewalk a distance of 137 feet, more or less, to the point of beginning. Description, title. Page 3251 Reference is made to a plat made on June 11, 1956, by William Branan, city engineer, for the purpose of aiding this description: is hereby vested in the City of Macon, its successors and assigns. Section 3. That evidence of advertising required by law is hereto attached and made a part hereof. Section 4. That all laws or parts of laws in conflict herewith are hereby rescinded. 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 three consecutive weeks, to wit: On January 12, 19 and 26, 1957, 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/ Andrew W. McKenna. Sworn to and subscribed before me this 14 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (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 1957 session of the General Assembly, which convenes on Page 3252 Monday, January 14, 1957, to amend the charter of the City of Macon in the following respects: (1) By adding to section 2 of said charter, as amended, relating to the corporate limits of the City of Macon, a description of new territory to become a part of the City of Macon; (2) By repealing section 91 of said charter, as amended, relating to a license or business tax upon delivery vehicles; (3) By adding new sections to said charter authorizing the creation of a City of Macon Public Library; to provide for a city librarian and his qualification, and the manner of prescribing his duties; to authorize the creation of a Board of Library Commissioners as the governing body of said library and to prescribe the number, qualifications, powers, duties and responsibilities of the members of said board. The City of Macon will also apply for the passage of the following local legislation at said session: (1) An Act authorizing the mayor and council of the City of Macon to abandon, vacate and close that portion of twenty foot alley running between the southerly line of Ash Street and the easterly line of the right-of-way of the Central of Georgia Railroad in block 18 of the Southwest Commons of the City of Macon, and vesting title thereto in the City of Macon; (2) An Act to close, vacate and abandon for street purposes a certain portion of Orange Street at its intersection with First Street and a certain portion of First Street at its intersection with Orange Street in said City, and to vest title thereto in the City of Macon; (3) An Act to close, vacate and abandon for street purposes a certain portion of Third, Arch and Oglethorpe Streets where said streets converge in the City of Macon, and to vest title thereto in the City of Macon; Page 3253 (4) An Act directing the City of Macon to close, vacate and abandon for cemetery purposes that portion of square 35, Old City, known as the Old City Cemetery; ordering the removal of the remains of bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said square 35 and the reinterment thereof in an appropriate area of Rosehill Cemetery in the City of Macon set apart from said purpose; directing said city to erect therein a suitable memorial commemorating and honoring these reinterred dead, and vesting title to that portion of square 35, Old City, formerly occupied by the Old City Cemetery, in the City of Macon. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 11th day of January, 1957. C. Cloud Morgan, City Attorney. Approved March 13, 1957. COOK COUNTYELECTION OF COMMISSIONERS. No. 468 (House Bill No. 595). An Act to amend an Act creating a board of commissioners of roads and revenues for Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended particularly by an Act approved February 21, 1947 (Ga. L. 1947, p. 7), so as to provide for the election of the members of the board of commissioners of roads and revenues from their respective districts by the voters of the entire county; to define commissioner districts; to repeal an Act approved March 28, 1947 (Ga. L. 1947, p. 1220); to provide for a referendum; Page 3254 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 Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved February 21, 1947 (Ga. L. 1947, p. 7), is hereby amended by striking section 2 (a) in its entirety, and in lieu thereof inserting the following: Section 2-A. For the purpose of electing commissioners of roads and revenues, Cook County is hereby divided into three commissioner districts. Commissioners districts. District No. 1 shall be composed of the Adel district. District No. 2 shall be composed of Sparks, Lennox and Massee districts. District No. 3 shall be composed of River Bend, Greggs and Cecil districts. Each of the three above named districts shall be composed of the district or districts named therein and each commissioner shall be a resident of the district that he represents. Each of the commissioners shall be elected by the voters of the entire county. Nothing contained herein shall affect the terms of the present commissioners, but as the term of each expires a successor to that commissioner shall be elected by the voters of the entire county. Section 2. An Act approved March 28, 1947 (Ga. L. 1947, p. 1220), relating to the board of commissioners of roads and revenues in and for the County of Cook, is hereby repealed in its entirety. 1947 Act repealed. Section 3. Not less than 20 nor more than 30 days Page 3255 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 Cook County to issue the call for an election for the purpose of submitting this Act to the voters of Cook County for approval or rejection. The ordinary shall set aside the date of such election for a day not less than 20 nor more than 30 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 Cook County. The ballot shall have printed thereon the words: Referendum. For approval of the Act to provide for the election of the County Commissioners by the voters of the entire county. Against approval of the Act to provide for the election of the County Commissioners by the voters of the entire county. 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 the votes cast on such question are for approval of the Act, then it shall become of full force and effect. If less than a majority of the votes cast on such question are 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 Cook 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 result thereof to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. This is to give notice that a bill entitled an Act to Page 3256 amend an Act to amend an Act with referendum attached to elect the commissioners of roads and revenue of Cook County, Georgia, by a county-wide vote of the qualified voters of Cook County and for other purposes will be introduced in the 1957 January-February session of the General Assembly of Georgia. Lonnie H. Grimsley, Representative, Cook County, Ga. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lonnie H. Grimsley, who, on oath, deposes and says that he is representative from Cook County, and that the attached copy of notice of intention to introduce local legislation was published in the Adel News which is the official organ of said county, on the following dates: January 31, February 7, 14, 1957. /s/ Lonnie H. Grimsley, Representative, Cook County. Sworn to and subscribed before me this 14 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. Notarial Seal Affixed. Approved March 13, 1957. Page 3257 CITY OF DOUGLASASSESSMENT AND COLLECTION OF TAXES. Code 92-4101, 92-4102, 92-4103, 92-4104 Amended. No. 469 (House Bill No. 515). An Act to amend the Act approved February 28, 1874 (Ga. L. 1874, pp. 109, 110), entitled An Act to limit and regulate the assessment and collection of taxes by municipal authorities of this State, except so far as relates to the City of Savannah, codified as sections 92-4101, 92-4102, 92-4103, and 92-4104, Code of Georgia, 1933, and the several Acts amendatory thereof, so as to provide that the terms and provisions of said Act, as amended, shall not apply to the City of Douglas; 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 terms and provisions of the Act and Code sections, referred to in the caption hereof, as amended, be further amended by adding thereto a new section, as follows: The provisions of this Act, as codified in sections 92-4101, 92-4102, 92-4103, and 92-4104, Code of Georgia, 1933, as amended, shall not in any manner apply to the City of Douglas. Section 2. That all laws and parts of laws in conflict herewith are hereby repealed. Notice of Intention to Introduce Bill for Local Legislation. Notice is hereby given that there will be introduced for passage in the General Assembly of Georgia at the session convening in January, 1957, a bill entitled: An Act to amend the Act approved February 28, 1874 Page 3258 (Ga. L. 1874, pp. 109, 110), entitled An Act to limit and regulate the assessment and collection of taxes by municipal authorities of this State, except so far as relates to the City of Savannah, codified as sections 92-4101, 92-4102, 92-4103, and 92-4104, Code of Georgia, 1933, and the several Acts amendatory thereof, so as to provide that the terms and provisions of said Act, as amended, shall not apply to the City of Douglas; to repeal conflicting laws; and for other purposes. This 14th day of January, 1957. G. H. Mingledorff, City Attorney, City of Douglas. Georgia, Coffee County. In person before me, an officer authorized to administer oaths, appeared the undersigned, who says and certifies on oath that he is publisher of the Coffee County Progress, the newspaper published in the City of Douglas in which the sheriff's advertisements for the County of Coffee are published; that the foregoing notice of intention to apply for local legislation was published in said paper on the 24th and 31st days of January, and the 7th day of February, all in the year 1957. /s/ Shelly W. Davis. Sworn to and subscribed before me, this 11th day of February, 1957. /s/ E. R. Smith, Jr., Notary Public, Georgia, State at Large. (Seal). Notice of Local Legislation Affecting Only the City of Douglas. Notice is hereby given that there will be introduced for passage in the General Assembly of Georgia at the session convening in January, 1957, a bill entitled: Page 3259 An Act to amend the Act approved February 28, 1874 (Ga. L. 1874, pp. 109, 110), entitled An Act to limit and regulate the assessment and collection of taxes by municipal authorities of this State, except so far as relates to the City of Savannah, codified as sections 92-4101, 92-4102, 92-4103, and 92-4104, Code of Georgia, 1933, and the several Acts amendatory thereof, so as to provide that the terms and provisions of said Act, as amended, shall not apply to the City of Douglas; to repeal conflicting laws; and for other purposes. This 14th day of January, 1957. G. H. Mingledorff, City Attorney for the City of Douglas, Georgia. 1-24, 31. 2-7 Approved March 13, 1957. CITY OF GRIFFIN CHARTER AMENDED. No. 470 (House Bill No. 491). An Act to amend an Act creating a new charter for the City of Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 763), so as to authorize the judge of the Criminal Court of Griffin to appoint certain persons to preside over said court; 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 Griffin, approved July 21, 1921 (Ga. L. 1921, p. 959), as amended, particularly by an Act approved February 23, 1945 (Ga. L. 1945, p. 763), is hereby amended by Page 3260 striking section 42 in its entirety and inserting in lieu thereof a new section 42, to read as follows: Section 42. Judge of Criminal Court. There shall be elected by the board of commissioners a judge of the Criminal Court of Griffin, who shall preside in all cases tried therein, except where there is a vacancy in the office, the chairman of the commissioners, or the chairman pro tem., may preside in said court. When the judge is absent from the city or is sick, or is for any reason disqualified from presiding over said court, he may appoint the chairman of the commissioners, the chairman pro tem., or a qualified practicing attorney to preside over said court, who, while so presiding, shall be clothed with all the authority and power of the judge. The commissioners shall fix the compensation of the judge. The judge shall be elected at the first meeting of the commissioners in January of each year, and shall hold such office at the pleasure of the commissioners. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Apply for Local Legislation. Notice is hereby given that an Act will be introduced at the January, 1957, session of the General Assembly of Georgia, to amend the charter of the City of Griffin to provide that the judge of the criminal Court of Griffin may, when he is absent from the city, sick, or is for any reason disqualified from presiding over the Criminal Court, appoint the chairman of the commissioners, chairman pro tem., or a qualified and practicing attorney to preside in said court, and who, while so presiding, shall be clothed with all of the authority and power of the judge, and for other purposes. This the 25th day of January, 1957. W. E. George, City Manager City of Griffin. Page 3261 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 intent to apply for local legislation was published in The Griffin Daily News, which is the official organ of said county, on the following dates: January 26, 1957, January 28, 1957 and February 4, 1957. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr., Representatives, Spalding County. Sworn to and subscribed before me this 11th day of February, 1957. /s/ John J. Nilan, Notary Public, Muscogee County, Georgia. Approved March 13, 1957. CITY OF GRIFFIN CHARTER AMENDED. No. 471 (House Bill No. 492). An Act to amend the charter of the City of Griffin by amending the Act approved March 27, 1941 (Ga. L. 1941, p. 1474), as amended by an Act approved March 27, 1947 (Ga. L. 1947, p. 958), as amended by an Act approved February 25, 1949 (Ga. L. 1949, p. 2048), as amended by an Act approved February 5, 1951 (Ga. L. 1951, p. 2270), known as the Griffin Retirement Pensions Act 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: Page 3262 Section 1. That section two (2) of said Act is hereby stricken in its entirety and a new section two (2) is substituted in lieu thereof to read as follows: Be it further enacted that any employee, complying with the terms of this Act and the ordinance passed in pursuance thereof, who was in the regular employ of said city at the time of the passage of this Act (March 27, 1941), and all employees hereafter regularly employed by said city, may retire from active service after a service in the employ of said city of twenty-five (25) years and have reached the age of fifty-five (55) years. Qualifications for retirement. Section 2. Be it further enacted that section three (3) of said Act is hereby stricken in its entirety and a new section three (3) is substituted in lieu thereof to read as follows: Be it further enacted that when an employee shall be retired as provided in section two (2) of this Act, as amended above, he shall be paid monthly from said fund, during the remainder of his life, the sum of fifty percent (50%) of his average monthly wage or salary based on the ten years immediately prior to the date of his retirement, provided said retirement pay shall never exceed one hundred dollars ($100.00) per month, plus two percent (2%) of said retirement pay for each full year of service beyond twenty-five (25) years until the employee has reached the age of fifty-five (55) years. Amount of retirement. Section 3. Be it further enacted that section four (4) of said Act is hereby stricken in its entirety and a new section four (4) is substituted in lieu thereof to read as follows: Be it further enacted, that should an employee of said city become totally and permanently disabled and be incapacitated of self-support after ten (10) years service with said city, he shall be paid monthly from said fund, for the remainder of his life, or until revoked by the trustees as hereinafter provided in section 14, the following Page 3263 sums based upon his length of service at the time of his disability, to-wit: Disabled employees. One twenty-fifth of fifty (50%) per centum of his average monthly wage or salary, based upon the ten years immediately preceding the date of his disability, multiplied by the number of years of his service at the time of his disability, as shown by the following table: Time served at date disability Cents per month per $1.00 10 years service for each $1.00 .1990 cents 11 years service .2190 12 years service .24 13 years service .26 14 years service .2798 15 years service .30 16 years service .3199 17 years service .34 18 years service .36 19 years service .3799 20 years service .3998 21 years service .42 22 years service .4398 23 years service .4597 24 years service .48 25 years service .4940 Provided, however, that the disability pay shall in no event exceed $100.00 per month, plus two percent (2%) of said disability pay for each full year of service beyond twenty-five (25) years until the employee has reached the age of fifty-five (55) years. Section 4. Be it further enacted that section seven (7) of said Act is hereby stricken in its entirety and a new section seven (7) is substituted in lieu thereof to read as follows: Be it further enacted that the wage or salary of each employee of said city regularly employed on March 27th, Page 3264 1941, and continuously employed since said date, is hereby assessed according to the length of continuous service of said employee with said city as follows: Contributions by employees. Up to ten (10) years service, two and one-half percent (2%) of his average monthly wage or salary: Ten (10) to twenty (20) years service, three and one-half percent (3%) of his average monthly wage or salary: Over twenty (20) years service, five percent (5%) of his average monthly wage or salary. The wages or salary of each employee employed by said city after the date March 27th, 1941, and the wages or salary of each former employee reemployed by said city after March 27th, 1941, is hereby assessed according to the age of the employee at the time he is employed or reemployed by said city as follows: Twenty (20) to thirty (30) years of age, two and one-half percent (2%) of his monthly wage or salary: Thirty (30) to forty (40) years of age, three and one-half percent (3%) of his monthly wage or salary: Over forty (40) years of age, five percent (5%) of his monthly wage or salary. An employee receiving a salary or wage of more than two hundred dollars ($200.00) per month shall be assessed on two hundred dollars ($200.00) only, and receive benefits on the two hundred dollars ($200.00), not to exceed one hundred dollars ($100.00) per month, plus two percent (2%) of said retirement pay for each full year of service beyond twenty-five (25) years until the employee has reached the age of fifty-five (55) years. All assessment shall be deducted from the wage or salary of the employee by the city manager, and paid Page 3265 into said funds. The assessments may be prorated according to how said salary or wage is paidwhether monthly, tri-weekly, or weekly. Nothing in this Act shall affect the wage or status of the employee under existing laws, except his assessment for dues as herein provided. Employee shall include only those regularly employed by the city who devote their entire working time to said city. In computing the salary or wage of any employee, no perquisite or allowance for use of car or house rent shall be included. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. Notice of Local Legislation. Notice is hereby given that application for the passage of local legislation at the general session 1957 of the General Assembly of Georgia, will be made, in order to amend the charter of the City of Griffin, as amended, by amending the City of Griffin's Retirement Pensions Act; to repeal conflicting laws; and for other purposes. This the 27th day of December, 1956. 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 local legislation was published in The Griffin Daily News, which is the official organ of said county, on the following Page 3266 dates: January 4, 1957, January 7, 1957 and January 17, 1957. /s/ Arthur K. Bolton, /s/ Frank P. Lindsey, Jr., Representatives, Spalding County. Sworn to and subscribed before me this 11th day of February, 1957. /s/ John J. Nilan, Notary Public, Muscogee County, Georgia. Approved March 13, 1957. LAND CONVEYANCE BY CITY OF MACON CONFIRMED. No. 475 (House Bill No. 554). An Act to ratify, confirm and assent to a certain deed from the City of Macon to Insurance Company of North America or record in the clerk's office, Bibb Superior Court, in deed book 736, page 38 conveying the southerly portion of an abandoned twenty (20) foot alley between lots twenty-five (25) and twenty-nine (29) of western range, City of Macon, Georgia; 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 deed from the City of Macon to Insurance Company of North America, dated July 23, 1956 and of record in the clerk's office of Bibb Superior Court in deed book 736, page 38, which deed included the southerly portion of an abandoned twenty (20) foot alley designated to extend between lots twenty-five (25) and twenty-nine (29), Western Range, City of Macon, Page 3267 Georgia, and which southerly portion of said described alley constitutes all of said alley excepting only that portion previously conveyed by the City of Macon to Durward Yates and confirmed to his successor in title, Mrs. Glenn E. Jones, by Georgia Laws 1953, January-February Session, page 3278, be and the same is hereby ratified, approved and confirmed, and assent thereto hereby granted. Section 2. That evidence of advertising of intention to apply for passage and approval hereof, and found hereby to be in compliance with law, is hereto attached and by such attachment and by this reference is made a part hereof. Section 3. That all laws and parts of laws in conflict herewith are repealed. Georgia, Fulton County. Personally, before the undersigned attesting authority, appeared J. Douglas Carlisle who, on oath, deposes and says that he is the author of the within and attached bill, and that notice of intention to apply for passage and approval thereof was duly published in The Macon News, the newspaper in Bibb County, Georgia, in which the sheriff's advertisements for said county are published, on December 21 and 28 1956, and on January 4 1957, and as further evidenced by the within and attached newspaper clipping and affidavit. /s/ J. Douglas Carlisle. J. Douglas Carlisle. Sworn to and subscribed before me this 13 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Page 3268 State of Georgia, County of Bibb. Personally appeared before me, a notary public within and for above State and county, Ethel J. Gray who deposes and says she is checking clerk for The Macon News and is duly authorized by the publisher thereof to make affidavit: and that advertisement as per attached clipping has been published in The Macon News on the following dates: December 21, 1956, December 28, 1956 and January 4, 1957. Signed Ethel J. Gray. Sworn to and subscribed to before me this 4 day of January, 1957. /s/ Anna J. Harris, Notary Public, Bibb County, Georgia. (Seal). Public Notice. Please be advised that the undersigned will, at the ensuing 1957 session of the General Assembly of Georgia, seek passage and approval of a law ratifying, approving and consenting to a deed of the City of Macon of July 23, 1956 to Insurance Company of North America and of record in the clerk's office of Bibb Superior Court in deed book 736, page 38. The described deed granted, conveyed and relinquished all rights, title and interest in and to property of the Insurance Company of North America, which property includes the southerly portion of what was, at one time, designated as a twenty (20) foot alley (formerly abandoned in 1895) and which southerly portion of said alley is approximately fifteen and forty-five one hundredths (15.45) feet in width and is all of said alley exclusive of that portion conveyed by the City of Macon to Durwood Yates on April 16, 1952 and confirmed to his successors in title, Mrs. Glenn E. Page 3269 Jones, by an act of the General Assembly of Georgia (Ga. L. 1953, Jan.-Feb. Sess., page 3278). Insurance Company of North America, By Bloch, Hall, Groover Hawkins, Attorneys. Approved March 13, 1957. BROOKS COUNTYCLERK OF BOARD OF COMMISSIONERS. No. 476 (House Bill No. 397). An Act to amend an Act creating a board of county commissioners for Brooks County, approved August 18, 1881 (Ga. L. 1880-81, p. 518), as amended, particularly by an Act approved August 14, 1917 (Ga. L. 1917, p. 312), so as to change the amount of compensation authorized to be paid to the clerk of the board of commissioners; to change the term of office of said clerk; to require said clerk to give bond for the faithful discharge of his duties; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of county commissioners for Brooks County, approved August 18, 1881 (Ga. L. 1880-81, p. 518), as amended, particularly by an Act approved August 14, 1917 (Ga. L. 1917, p. 312) is hereby amended by striking the first sentence from section VI and substituting in lieu thereof the following: Be it further enacted, that said board shall appoint, at the regular December meeting of each year, some suitable person as clerk, whose term of office shall be from January 1 through December 31st of each year following that in which he is appointed, unless sooner removed by said board for neglect of duty or malpractice in office, and whose compensation shall be fixed by said board, at said Page 3270 December meeting, in a sum not to exceed three thousand six hundred dollars ($3,600.00) per annum, to be paid in equal monthly installments out of the county funds as other claims. Such appointee shall qualify as such clerk upon his giving surety bond for five thousand dollars ($5,000.00) payable to the board of commissioners for the faithful discharge of his duties as clerk, the premium on said bond to be paid from county funds, so that section VI as amended shall read: Section VI. Be it further enacted, that said board shall appoint, at the regular December meeting of each year, some suitable person as clerk, whose term of office shall be from January 1 through December 31st of each year following that in which he is appointed, unless sooner removed by said board for neglect of duty or malpractice in office, and whose compensation shall be fixed by said board, at said December meeting, in a sum not to exceed three thousand six hundred dollars ($3,600.00) per annum, to be paid in equal monthly installments out of the county funds as other claims. Such appointee shall qualify as such clerk upon his giving surety bond for five thousand dollars ($5,000.00) payable to the board of commissioners for the faithful discharge of his duties as clerk, the premium on said bond to be paid from county funds. It shall be the duty of such clerk to attend all the meetings of said board, and to enter in a well bound book, to be provided at the expense of the county, full and accurate record and minutes of all the transactions of said board; to preserve and file, in the order of their dates, all original orders and papers belonging to said board; to arrange and keep, in the order of their filing, all applications, petitions, or other papers addressed to said board, and to enter in a book to be kept exclusively for that purpose, all orders for the payment of money passed by said board, and within five days after each regular or call session of said board, said clerk shall furnish the treasurer of said county with an abstract of all orders passed for the payment of money by said board, which abstract shall state the particular fund out of which each order is payable. All books, files and records required Page 3271 by this Act to be kept, shall always be open, at the county-site of Brooks County, for the inspection of the tax-payers of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. On the recommendation of the Brooks County Commissioners of roads and revenues, I plan to introduce legislation in the coming session of the General Assembly of Georgia to repeal an outdated law limiting the salary of clerk of the board of county commissioners and give the commission authority to pay up to 300 dollars per month for their clerk. John E. Sheffield, Jr., Representative Brooks County. 1-3 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John E. Sheffield, Jr., who, on oath, deposes and says that he is representative from Brooks County, and that the attached copy of notice of intention to introduce local legislation was published in the The Quitman Free Press which is the official organ of said county, on the following dates: January 3, 1957; January 10, 1957; January 17, 1957. John E. Sheffield, Jr., Representative, Brooks County. Sworn to and subscribed before me this 6 day of Feb., 1957. /s/ Frank H. Edwards, Notary Public. Notary Public, Georgia, State at Large. My Commission Expires October 14, 1959. (Seal). Approved March 13, 1957. Page 3272 PENSION SYSTEMS IN CERTAIN CITIES. No. 477 (House Bill No. 508). An Act to amend the Act approved August 20, 1927 (Ga. L. 1927, pp. 265 et seq.) providing that cities having a population of more than 150,000 as disclosed by the United States census of 1920, or subsequent census, shall furnish pensions to officers and employees of such cities, and for the other purposes set forth in the caption of said Act and the several Acts amendatory thereof, so as to provide additional pension benefits, 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 and the same is hereby further amended as follows: Section 1. Pension payments due to former officers and employees who have retired as a matter of right and have been awarded pensions under the terms of this act, as amended, and all such officers and employees who may hereafter retire as a matter of right shall, in addition to the basic pension provided by said act, receive $5.00 per month for each full year's active service in excess of 25 years. The record kept in the office of the comptroller or other chief finance officer of such city shall be conclusive as to the time served. Pensions for over 25 years service. Section 2. Pension payments due all former officers and employees who have heretofore retired and have been awarded a pension under the provisions of this Act, who have reached 70 years of age, or more, before the first of the month following the approval of this Act, shall be re-computed upon the following basis: The total pension benefits shall be a sum equal to one-half of the average monthly salary of such former employee during the last three years of his active service to such city, but shall not exceed the sum of $150.00 per month. The pension payments Page 3273 due to person who were retired because of disability or for a period of service less than 25 years shall be increased in the same proportion. All such persons shall receive a minimum of $4.00 per month for each full year of active service to such city subject to the limitations hereinafter set out. Benefits for retired employees over 70 years of age. Section 3. Any employee participating in the provisions of this Act, as amended, who leaves the employ of such city prior to retirement shall have refunded to him an amount equal to the amount which he has paid into said fund. Refunds when leaving employment of city. Section 4. The total pension benefits as provided by this Act, as now amended, shall be limited in the following particulars: The total pension benefits plus any social security benefits that may inure to such person by reason of his employment by such city shall not exceed 75% of his average monthly salary averaged for the last year of his employment as herein provided. The board of trustees shall establish rules to carry out this restriction, which shall not apply to social security benefits inuring to such person by reason of other employment. Total pension benefits. Section 5. Any person qualified for pension benefits under this Act, as amended, who was employed by the State of Georgia or a political subdivision thereof, prior to his employment by such city, to render service within the county in which such city is located in whole or in part, may receive credit for such service for pension benefits under this Act, as amended, upon the following terms and conditions: Qualifications, prior service. 1. No credit may be given for part time or temporary service. 2. Such person must have had at least five year's continuous service with the city, before becoming eligible for this credit. 3. Application must be made for the credit within six Page 3274 months after the passage of this Act or after becoming eligible for the credit, whichever is later. 4. Such person shall pay into the pension fund created by this Act, as amended, an amount equal to the amount he would have paid into such fund had he been an employee of such city during such time. The payments may be divided into 36 equal installments bearing interest at 4% per annum, and the amounts thereof deducted from any compensation of pension benefits due such person. 5. It shall be the responsibility of the person making application for such credit to furnish to the board of trustees proof of the years of service and the monthly rate of compensation in such manner as the Board may by rules prescribe. 6. The total amount of creditable service as provided in this Act shall not exceed ten years. Section 6. Any person entitled to disability benefits under the provisions of this Act, as amended, may receive such benefits after he has been in the active employment of the city for a period of ten years. Disability benefits. Section 7. This Act, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof. Liberal construction. Section 8. 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 in any way any of the remaining provisions. Provisions severable. Section 9. This Act shall be effective April 1, 1957. Effective date. Section 10. The increased pension benefits provided by this amendment shall be paid by the board of trustees from funds available to them for the payment of pensions. Funds. Page 3275 Section 11. That all laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. CITY OF MILLEDGEVILLEBALDWIN COUNTY PLANNING COMMISSION. No. 479 (House Bill No. 376). An Act to enable the City of Milledgeville and Baldwin County to establish a joint planning commission; to provide for the appointment of members of 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 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 Milledgeville and to the County of Baldwin 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 Page 3276 authorities such planning commissions and board of appeals now have or may later have under any other law; 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 Board of County Commissioners of Roads and Revenue for Baldwin County, Georgia (hereinafter referred to as the county commission), by resolution, and the governing authority of the City of Milledgeville (hereinafter referred to as the city commission), by ordinance, are hereby authorized to create a joint city-county planning commission which shall be known as the Milledgeville-Baldwin County Planning Commission (hereinafter referred to as the planning commission). The planning commission shall be comprised of five citizens of Milledgeville or Baldwin County, two of whom shall be appointed by the county commission, and two of whom shall be appointed by the city commission, and the fifth member shall be chosen by the other four members of the planning commission. In the event that a majority of the members of the planning commission are unable to agree as to the fifth member, he shall be designated by the judge of the Superior Court of Baldwin County. The members of the planning commission shall hold office for a term of three years, and until their successors are appointed and qualified. No member of the planning commission shall hold any elective public office. Any vacancy in the membership of the planning commission 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 member of the planning commission for cause stated in writing and after a public hearing. No member of the planning commission shall be entitled to any compensation for his services as such, but shall be entitled to expenses incurred in performance of his duties as a member of the planning commission. Section 2. Planning Commission: Organization, Rules, Page 3277 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 reelected or his successor is elected. 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 board 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. 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 cooperate with, contract with, or accept funds from Federal, State, or local, public and semi-public agencies or private individuals or corporations, may expend such funds, and may carry out such cooperative undertakings and contracts. It may make expenditures for the purchase of required equipment and supplies. The expenditures of the planning commission, exclusive of gifts or contract receipts, shall be within the amounts appropriated for the purpose by the city commission or county commission 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 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 Milledgeville-Baldwin County area. 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. Page 3278 2. Prepare and recommend for adoption to the city commission or to the county commission respectively a zoning ordinance or resolution and map for the municipality or the county or a specified portion thereof. 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 the county, and to administer the regulations that may be adopted. 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, public open spaces 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 the 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 the 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, 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 the municipality and county. Page 3279 Section 5. Planning Commission: Reports on matters referred to it. The city commission and county commission 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 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 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 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 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. Page 3280 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 or both, the city commission and the county commission for the municipality or county, 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 sizes of yards, courts, and other open spaces, the density and distribution of population, and the uses of buildings, structures, 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 designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding 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 reasonble 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 governing expenditures, conserving the value of buildings and encouraging the most appropriate use of land and other buildings and structures throughout the municipality or county or both. Section 8. Zoning: Plan and Ordinance. Whenever the planning commission makes and certifies to the city commission or the county commission, respectively, a zoning plan, including both the full text of the recommended zoning ordinance or resolution or both and the maps, for the entire area of the municipality or for the entire unincorporated area of the county or for any militia Page 3281 district or land lot or 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, 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 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 city commission or the county commission may provide in the zoning ordinance or resolution for the regulation of the continuance, restoration, reconstruction, extension or substitution of a non-conforming use. Such 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 either by specifying the period or periods in which the non-conforming use shall be required to cease, or 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 of amortization of the investment in such non-conforming use. Section 9. Zoning: Method of Procedure. Before enacting the zoning ordinance or resolution, the city commission or county commission shall hold a public hearing thereon, at least fifteen days' notice of the time and place Page 3282 of which shall be published 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. 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 ordinance or resolution, 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 recommendaton. 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 Appeals. The city commission and the county commission may each create a board of zoning appeals or they may create a joint board of zoning appeals. Any board of appeals shall consist of five members who shall be appointed for a term of three years and until their successors are appointed and qualified. The members of the board of appeals shall be appointed by the governing body which shall create it, except that if a joint board of appeals shall be created, two members shall be appointed by the county commission, and two members shall be appointed by the city commission, and the fifth member shall be chosen by the other four members of the board of appeals. In the event that a majority of the members of the board of appeals are unable to agree as to the fifth member, he shall be designated by the judge of the Superior Court of Baldwin County. No member of the board of zoning appeals shall Page 3283 hold any elective public office. Any vacancy in the membership of the board of appeals shall be filled in the same manner as the initial appointment. The appointing authority shall have authority to remove any member of the board of zoning appeals for cause stated in writing and after a public hearing. No member of the board of zoning appeals shall be entitled to any compensation for his services as such, but shall be entitled to expenses incurred in performance of his duties as a member of the board of zoning appeals. The board of appeals shall elect one of its members as chairman, who shall serve for one year or until he is reelected or his successor is elected. The board of appeals 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 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 appeals may be taken by any person aggrieved of 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 transmit to the board all the papers constituting the record upon which the action appealed from was taken. Page 3284 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 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 appeals 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 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 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 Page 3285 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 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 building or structure that is prohibited by the ordinance or resolution. 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 the county commission 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 Page 3286 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 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. 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 regulation 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 Page 3287 the harmonious, orderly, and progressive development of land within the City of Milledgeville and the County of Baldwin. In furtherance of this purpose, regulation of the subdivision of land by the city commission and the county commission is authorized for the following purposes, among others: (1) To encourage the development of economically sound and stable communities. (2) To assure the provisions 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; (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 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 city commission or the county commission regulations for the subdivision of land within the municipality or the unincorporated portion of the county, respectively, which regulation shall have been adopted by the city commission or the county commission, as provided in section 16 below, then no plat of a subdivision within the municipality or within the unincorporated portion of the county shall be filed or recorded in the office of the clerk of the Superior Court of Baldwin County until it shall have been submitted Page 3288 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 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 planning commission shall prepare and recommended to the city commission or the county commission for adoption regulations governing the subdivision of land within the municipality or 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 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 city commission or the 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 Page 3289 of such improvements and utilities within a period specified by the planning commission and expressed in the bond; 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 fifteen days' notice of the time and place of which shall have been published in a newspaper of general circulation in the municipality or county. Section 17. The 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. Tentative approval of plats. Section 18. Subdivision Regulation. Effect of Plat Approval on Status of Dedictions. The approval of a plat by the planning commission shall not be deemed to constitute or effect an acceptance by the municipality or the county 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 Page 3290 or agent of the owner of any land to be subdivided within the municipality or county 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 planning commission and recorded in the office of the clerk of the Superior Court of Baldwin County, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by law; and the description 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 municipality or county, through its attorney or other official designated by the city commission or the county commission, 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 planning commission shall have attached by virtue of the adoption by the planning commission of a major street plan and the adoption by the city commission or the county commission of a set of land subdivision regulations recommended to them by the planning commission, as provided in section 15 of this Act, the city commission or the county commission 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 municipality or county 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 street 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 city commission or the county commission may locate and construct or may accept any other street if the ordinance or resolution or other measure for such Page 3291 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 had been originally shown on a subdivision plat approved by the planning commission or on a plat made and adopted by the planning commission. Section 21. Subdivision Regulation: Procedure on Plats. 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 or the county commission 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 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 the county commission. Any building erected in violation of this section shall be deemed an unlawful structure, and the building inspector or municipal or county attorney or other official designated by the city commission or county commission may bring appropriate action to enjoin such erection or cause it to be vacated or removed. Section 22. Official Map: Establishment. The city commission by ordinance and the county commission by resolution may establish an official map of the municipality or the county, 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 Page 3292 official map may also show the location of the boundary lines of streets, public buildings sites or public open spaces on plats of subdivisions which have been approved by the planning commission. The official map may include the whole or any part or parts of the municipality or county. In the event the official map thus established 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 official map by placing thereon, from time to time, the boundary lines of streets, public building sites or public open spaces which at the time 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 planning commission. The city commission or the county commission shall certify the fact of the establishment of the official map to the clerk of the Superior Court of Baldwin 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 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 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 or public open spaces portion of such master plan, the planning commission shall have the power to make or cause to be made, from Page 3293 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 municipality or county and to make and certify to the city commission or 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, playground, or other public open space areas or of existing sites or areas that are to be extended 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 the planning commission shall have made and certified to the city commission or the county commission 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 city commission by ordinance or the county commission by resolution 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 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 fifteen days previous to the time fixed, therefor by publication in a newspaper of general circulation in the municipality or county, and, insofar as their addresses Page 3294 appear in the municipal or county directory or on municipal or county records or are otherwise known to the municipal or county clerk, by registered or certified mail to the record owners of the lands on or abutting which the proposed public street, public building site, or public open space lines are located. Section 25. Official Map: Regulation of Building 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 city commission or 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, public building site or public open spaces as shown on the official map. Any such ordinance or resolution 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 or resolution, 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 interests 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 of justice and equity. Before taking any such action, the board of appeals shall hold a hearing thereon, at least fifteen days' notice of the time and place of which shall be given to 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 Page 3295 conditions of extent and character, and also the duration of the building, structure, or part thereof to be permitted. Section 26. Definitions: For the purpose 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, in includes all division of land involving a new street or a change in existing streets, and includes resubdivision 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 of previously platted lots where the total number of lots is not increased and the resultant lots are equal to the standards of the municipality; 2. The division of land into parcels of five acres or more where no new street is involved. Section 27. Powers and Authority Granted to the City Commission and County Commission are Cumulative. All powers and authority granted by this Act to the city commission and the county commission 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 28. Powers and Authority Granted to Planning Commission and Boards of Appeals are Cumulative. All powers and authority granted by this Act to the planning commission and boards of appeals shall be cumulative. Such powers and authority shall be in addition to all other powers and authority such planning commission and boards of appeals now have or may later have under other laws. Page 3296 Section 29. Effect of Existing Planning and Zoning Authorization. This Act shall become effective upon its adoption by the city commission and the county commission by ordinance or resolution. Section 30. Invalidity of Part. If any portion or provision of this Act is found unconstitutional, such invalidity shall not affect any other portion or provision of this Act. Section 31. All laws or parts of laws in conflict with this Act are hereby repealed. Georgia, Baldwin County: Personally appeared before me the undersigned who on oath says he is the editor and publisher of The Union-Recorder, the official gazette of Baldwin County, Georgia and that the advertisement hereto attached giving notice of local legislation was published in all editions of said newspaper on January 24, 31 and Feb. 7. /s/ Jere N. Moore Jere N. Moore. Sworn to and subscribed before me this 2nd day of February, 1957. /s/ Louis H. Andrews N. P. Baldwin Co. Ga. Notarial Seal Affixed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to enable the City of Milledgeville and Baldwin County to establish a planning commission, and to confer certain additional powers on said city and county with reference to planning and zoning; and for other purposes. Page 3297 This 17 day of January, 1957. E. Culver Kidd, Representative, Baldwin County. 24 3tc. Approved March 13, 1957. TOWN OF DULUTH CHARTER AMENDED. No. 480 (House Bill No. 366). An Act to amend the charter of The Town of Duluth, approved August 21, 1906, and all Acts amendatory thereto, to provide for the election of a mayor and council, so that the mayor and two councilmen shall be elected to serve for a term of two years and three councilmen shall be elected to serve for a term of one year, and thereafter a mayor and two councilmen shall be elected in odd years and three councilmen shall be elected in even years, who shall serve until their successors are elected and qualified, 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 section 4 of the above recited Act adopted August 21, 1906, (Ga. L. 1906, pp. 712 et seq) be amended by striking said section in its entirety and substituting in lieu thereof the following, to be known as section 4: Mayor and councilmen, terms. Section 4. Be it enacted by the authority aforesaid that an election shall be held in the Town of Duluth on the third (3rd) Saturday in December, 1957, for the election of a mayor and five councilmen to succeed the present mayor and councilmen of the said Town of Duluth, Page 3298 at which time the mayor and two (2) councilmen shall be elected for the term of two (2) years, called the long term, and three councilmen shall be elected for a period of one year, called the short term; candidates for the offices of councilmen shall indicate their intentions to run for the long term or short term and the ballots used in said election shall be so marked. Thereafter, each year on the third Saturday in December the vacancies in the offices of the mayor and councilmen as their terms expire shall be filled by an election for a two years term. The mayor and councilmen shall be sworn into office on the first day of January following their election and shall serve for the term for which elected and until their successors are elected and qualified. Section 2. Be it further enacted that all laws or parts of laws in conflict with this Act be and the same are hereby repealed. Notice of Intention to Seek Local Legislation. Notice is hereby given that there will be introduced at the January, 1957, session of the General Assembly of Georgia, which convenes January 14, 1957, a local bill to be entitled: An Act to amend the charter of the Town of Duluth, approved August 21, 1906, and all acts amendatory thereto, to provide for the election of a mayor and five councilmen, so that the mayor and two councilmen shall serve for a term of two years and three councilmen shall serve for a term of one year, and thereafter a mayor and two councilmen shall be elected in even years and three councilmen in odd years, who shall serve until their successors are elected and qualified. This January 15, 1957. Chas. C. Pittard, Attorney for the Town of Duluth. 13-3t-c. Georgia, Gwinnett County. Personally appeared before the undersigned attesting Page 3299 officer, Marvin A. Allison, who on oath says that he is publisher of The News Herald, official organ of the County of Gwinnett, Lawrenceville, Georgia, and certifies and swears that the above legal notice to introduce local legislation was published in said newspaper on January 17th, 24th and 31st, 1957. /s/ Marvin A. Allison Marvin A. Allison Sworn to and subscribed before me this February 1st, 1957. /s/ Chas. C. Pittard Notary Public, Gwinnett County, Ga. (Seal). Approved March 13, 1957. LAW LIBRARIES IN CERTAIN COUNTIES. No. 481 (House Bill No. 427). An Act to provide revenue and a source of revenue for the purpose of improving the operation of the courts and promoting justice in any counties in this State having a population of not less than 62,850 and not more than 62,950, according to the United States official census for 1950, or any future census, by providing an adequate and suitable library for the judges, and officers of the courts; to provide for a board to receive and disburse such funds; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. That there is hereby created in each County in Georgia having a population of not less than 62,850 and not more than 62,950, according to the United States official census for 1950, or any future census, a board to be known as the Board of Trustees of the County Law Page 3300 Library, and hereafter referred to as the board. Said board shall consist of the senior judge of the Superior Court of the circuit in which said county is located, the ordinary, the judge of the city court, if any, and one practicing attorney of said county. Said practicing attorney shall be selected by the other trustees and serve at their pleasure. All of said trustees shall serve without pay. The judge of the Superior Court shall be chairman of said board and a majority of the members of said board shall constitute a quorum for the purpose of transacting all business that may come before the board. Board of trustees. Section 2. There is hereby created an office to be known as secretary-treasurer of the Board of Trustees of the County Law Library in each county, who shall be selected and appointed by the board, and he shall serve during the pleasure of the board. He shall serve also as librarian in addition to performing such services as the board may direct. He shall receive such compensation, if any, for his services as shall be fixed by the board. When no secretary-treasurer is employed by the board, the ordinary shall serve as ex officio secretary-treasurer. Secretary-treasurer of board. Section 3. The board shall have control of the funds provided for in this Act and all funds received shall be deposited in a special account to be known as the County Law Library Fund. Said board shall have authority to expend the funds in accordance with provisions of this Act, and to invest any of the funds so received in any investments which are legal investments for fiduciaries in this State. Control of funds. Section 4. The Board of Trustees hereby created is given the following powers and duties: To provide for the collection of all money provided for in this act; to provide for the payment of all administrative expenses; to select the books and periodicals to be purchased for the library; to select equipment and furnishings necessary for the library; to make all necessary rules and regulations governing the use of the library; to keep records of all its meetings and proceedings; all other powers necessary Page 3301 for the proper administration of the provisions of this Act. Powers and duties of board. Section 5. The board may take by gift, grant, devise or bequest any money, real or personal property, or any other thing of value and hold or invest the same for the uses and purposes of the library. Gifts and donations. Section 6. In all civil and criminal cases tried, settled or disposed of by plea in the Superior Court, the City Court, if any, and the Court of Ordinary, there shall be assessed as costs in addition to all other costs the sum of $1.00 in each case to be known as a litigation fee. All such litigation fees shall be paid to the treasurer of the Board of Trustees of the County Law Library of the county in which said case was brought on the first day of each month thereafter by the person or authorities collecting the same. Litigation fee. Section 7. The money so paid into the hands of the treasurer of the Board of Trustees of the County Law Library herein provided shall be used for the following purposes: The purchase of law books, reports, texts, periodicals, and library services; the purchase of necessary bookcases, supplies and equipment to be used in the library; the payment of the salary of the secretary-treasurer who shall also act as librarian; such other necessary expenditures in connection with the operation of the library as shall be authorized by the board of trustees. All books, furniture, supplies, equipment and other things purchased from the aforesaid funds, as well as all gifts of such, shall become the property of the county. Use of funds. Section 8. The treasurer of the board shall give a good and sufficient surety bond payable to the county in such an amount as may be determined by the board to faithfully account for all funds received and disbursed by him. The premium on said bond shall be paid out of the County Law Library Fund. Treasurer's bond. Section 9. This Act shall take effect upon the approval Page 3302 of the Goernor and shall relate to all cases then pending in the courts above referred to, and thereafter filed. Effective date. Section 10. A case, within the meaning of section 6 of this Act, shall mean and be construed as any matter which is docketed upon the official dockets of said courts and to which a number is assigned, whether such matter is contested or not. Section 6 explained. Section 11. All laws or parts of law in conflict with this Act are hereby repealed. Approved March 13, 1957. CLERKS OF SUPERIOR COURTS OF CERTAIN COUNTIES. No. 483 (House Bill No. 434). An Act to authorize the governing authority of certain counties to supplement the compensation of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The board of county commissioners or other governing authority in all counties having a population of less than 3000 according to the United States census of 1950, or any future United States census, are hereby authorized to supplement the compensation of the clerk of the superior court of their county, within their discretion, by a sum that they shall deem proper, but not to exceed nine hundred dollars ($900.00) per annum, said sum to be paid in equal monthly installments out of the funds of the county. Supplemental compensation. Page 3303 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. JUVENILE COURTS OF CERTAIN COUNTIES. No. 484 (House Bill No. 543). An Act to fix the salary of the judges of juvenile courts in counties of Georgia having a population of 400,000 or more by the last or any future United States census; to provide for its payment out of the county treasury; 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. Juvenile Court Judge's Salary. In the counties of Georgia having a population of 400,000 or more by the last or any future United States census, the salary of the judge of the juvenile court shall be the sum of $14,000.00 per annum, payable in equal monthly amounts, out of the county treasury of such county. Section 2. Repugnant Laws. Be it further enacted that all laws and parts of law in conflict with this Act be and the same are hereby repealed. Approved March 13, 1957. JOINT CITY-COUNTY BOARD OF TAX ASSESSORS IN CERTAIN COUNTIES. No. 485 (House Bill No. 545). An Act to amend the Act creating a joint City-County Board of Tax Assessors in all counties having within Page 3304 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 census of the United States (Ga. L. 1952, pp. 2825 et seq.) as amended, so as to fix the salaries of the members of the joint board of tax assessors, 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 according to the United States Census of 1950 or any future census of the United States (Ga. L. 1952, pp. 2825 et seq.) as amended be further amended as follows: Section 1. That the first sentence of section 9 of said Act as amended, relating to compensation of members of the Joint City-County Board of Tax Assessors, be and the same is further amended to read as follows: The members of the Joint City-County Board of Tax Assessors shall be paid as compensation for their services the sum of $11,880.00 per annum, which sum shall be divided into monthly, semi-monthly or other shorter period of payments as the respective governing authorities may provide. Members' salaries. Section 2. All laws and parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. TAX COLLECTOR'S COMMISSIONS IN CERTAIN COUNTIES. No. 487 (House Bill No. 561). An Act to provide that in all counties in this State having a population of not less than 9,785 and not more than Page 3305 9,955, according to the 1950 United States Census or any future such census, the schedule of commissions enumerated in Code Section 92-5301, as amended, shall apply to the first 80% of the ad valorem net digest collected by the tax receiver; to provide that the tax collectors in all such counties shall be entitled to a commission of 10% of all collections in excess of 80% of the total taxes due, according to the tax net digest; 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 less than 9,785 and not more than 9,955, according to the 1950 United States Census or any future such census, the schedule of commissions allowed to each tax collector by Code Section 92-5301, as amended, shall apply upon the first 80% of the ad valorem net digest collected by the tax collector. On all taxes collected in excess of 80% of the total of taxes due, according to the tax net digest, in all such counties, the tax collector's commission shall be 10% of all such collections in excess of the first 80%. Counties where applicable, Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1957. CITY OF ROME CHARTER AMENDED. No. 489 (House Bill No. 541). 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 Page 3306 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 city limits and boundaries of the City of Rome, and in the County of Floyd, State of Georgia, to-wit: Tract 1. All that tract or parcel of land, lying and being in Floyd County, Georgia, and being more particularly described as beginning at a point on the line of the present city limits at the point where said city limits line crosses the northeast side of lot No. 59 of Atteiram Heights subdivision, a plat of which subdivision dated June 1, 1956, made by Williams Sweitzer, Engineers, is recorded in plat book 4, page 248, in the office of the clerk of the Superior Court of Floyd County, Georgia; thence south 36 degrees 11 minutes east 470.2 feet; thence north 66 degrees 05 minutes east 167.73 feet; thence north 88 degrees 15 minutes east 192.35 feet to the west side of Penncrest Road; thence south along the west side of Penncrest Road 8 degrees 05 minutes east 291.78 feet; thence south 88 degrees 15 minutes west 115 feet; thence south 58 degrees 59 minutes west 125.7 feet; thence south 1 degree 44 minutes east 430 feet; thence south 88 degrees 41 minutes west 1,088.15 feet to the present city limits line. Corporate limits. Said property being a part of the sixth ward of the City of Rome. Section 2. Be it further enacted by the authority Page 3307 aforesaid that this Act shall become effective upon the first day of April, 1957. Effective date. Section 3. Said area and territory 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 1..... 6th 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. 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 be Introduced for Passage by the General Assembly of Georgia 1957 Session. To whom it may concern: Notice is hereby given that there will be introduced in the General Assembly of Georgia at the 1957 session a bill to amend the charter of the City of Rome to provide for the annexation of the following described property to the City of Rome: Tract 1. Beginning at a point on the line of the present city limits at the point where said city limits line crosses the northeast side of lot No. 59 of Atteiram Heights subdivision, a plat of which subdivision dated June 1, 1956, made by Williams Sweitzer, Engineers, is recorded in plat book 4, pages 248, in the office of the clerk of the Superior Court of Floyd County, Georgia; thence south 36 degrees 11 minutes east 470.2 feet; thence Page 3308 north 66 degrees 5 minutes east 167.73 feet; thence north 88 degrees 15 minutes east 242.65 feet to the east side of Penncrest Road; thence south along the east side of Penncrest Road 291.78 feet; thence south 88 degrees 15 minutes west 165.3 feet; thence south 58 degrees 59 minutes west 125.7 feet; thence south 1 degree 44 minutes east 430 feet; thence south 88 degrees 41 minutes west 1,088.15 feet to the present city limits line; thence in a northerly direction along the present city limits line to where said line intersects the northwest side of lot No. 59 in said Atteiram Heights subdivision; thence north 53 degrees 49 minutes east 120 feet to the original point of beginning. Dec. 21, 28; Jan. 7. Said property being a part of the Sixth Ward of the City of Rome. This notice is given in compliance with Article 3, Section 14, paragraph XV of the Constitution of Georgia of 1945. /s/ J. Battle Hall J. Battle Hall Dec. 21, 28; Jan. 7. 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. Page 3309 This 13 day of February, 1957. /s/ J. Battle Hall. Sworn to and subscribed before me, this 13 day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large My Commission expires October 4, 1960 (Seal). Approved March 13, 1957. CITY OF MACON CHARTER AMENDEDPENSION SYSTEM. No. 490 (House Bill No. 530). 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 Acts 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 pensions and retirement systems; and particularly to amend the Act approved February 9, 1949, (Ga. L. 1949, pp. 330-339) as the Page 3310 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 to amend an Act approved March 6, 1956 (Ga. L. 1956, Vol. 2, pp. 3146-3156, inclusive) relating to the Macon pension and retirement system by making certain corrections, additions and changes in said Act of 1956; 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 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 1283-1357, 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 Acts of 1951 (Ga. L. 1951, pp. 2384-2395, both inclusive) and 1956 (Ga. L. 1956, Vol. 2, pp. 3146-3156, both inclusive) by making certain corrections, additions and changes in the Act of 1956, according as the sections therein appear. Intent. Section 2. The first paragraph of paragraph 1 of section 4 of said Act is hereby amended by striking the word definite and inserting in lieu thereof the word different, so that said first paragraph as so amended shall read as follows: 1. Definitions as used in this Act: The following Page 3311 words, terms, and phrases shall have the meaning hereby described unless a different meaning is clearly required by the immediate context in which such word, term, or phrase is used: Section 3. Subparagraph (e) of paragraph 1 of section 4 of said Act is hereby amended by deleting from the last line thereof the word an so that said subparagraph when amended shall read as follows: (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 elected or appointed officials thereof. Same. Section 4. Subparagraph 1 of paragraph II: Membership Eligibility of section 4, is hereby amended by striking therefrom the word part in line 5 thereof, and inserting in lieu thereof the word apart, so that said subparagraph when amended shall read as follows: 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 apart from the City of Macon but exercising some municipal function; Section 5. Subparagraph (a) of paragraph III Contributions of Section 4, is hereby amended by inserting between the word amended and the figures 1951 the words by the Act of, so that said subparagraph when amended shall read as follows: (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 Page 3312 as amended by the Act of 1951, to the pension fund of such plan as follows: Section 6. Subparagraph 1 of subparagraph (a) of paragraph III Contributions, of section 4, is hereby amended by deleting the same and inserting in lieu thereof the following: 1. 2% of the total salary or compensation paid to such employee by the City of Macon. Section 7. Subparagraph (b) of Paragraph III Contributions, of Section 4, is hereby amended by deleting the same and inserting in lieu thereof the following: (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 unfunded 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; provided, however, that the 3.1% shall not include salaries of persons declared to be ineligible in subsections 1, 2, 3 and 4 of subsection II (membership eligibility) of section 4 of said Act as they appear on page 3149 of the Acts of 1956, Volume 2. Section 8. Subparagraph (b) of paragraph IV. Benefits, of section 4 of said Act is hereby amended by striking the word Act in line 6 thereof and inserting in lieu thereof the words the Acts, so that said subparagraph when amended shall read as follows: (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 the Acts of Page 3313 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; Section 9. The first paragraph of paragraph V. Accumulated Past Service Credits, of section 4 of said Act, is hereby amended by deleting the same and inserting in lieu thereof the following: Employees and officials of the city eligible for participation in this division prior to the date of this Act, (the effective date of the Act of 1956) who become members of this division, shall be entitled to accumulated past service credit under this plan and division as follows: Section 10. Subparagraph (a) of paragraph VI. Qualification for Benefits, of section 4 of said Act, is hereby amended by deleting said subparagraph and inserting in lieu thereof the following: (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 or incident to service in the armed forces of the United States. The word `taxation' as used herein, shall not include fees, fines or forfeitures. Section 11. Paragraph VII. Payment Benefits, of section 4 of said Act, is hereby amended by striking the word insistance in line 8 thereof and inserting in lieu thereof the word instance, so that said paragraph when so amended shall read as follows: Page 3314 All benefit payments save 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 instance 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 12. The first paragraph of section 5 of said Act of 1956 is hereby amended by striking the same in its entirety and inserting in lieu thereof the following: Section 5. The Act of 1949 as amended by the Act of 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 revocacation at any time, and subject to such guards for safekeeping 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 purposes of disbursement 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 custodians is or are appointed to be stated in writing. Trust funds. Section 13. Subparagraph (a) of section 5 of said Act is hereby amended by striking the word or in line 3 thereof and inserting in lieu thereof the word of so that when so amended said subparagraph (a) shall read as follows: Same. (a) In addition to the investment privileges the committee Page 3315 may without other authority invest said funds in a common trust fund of a national bank having a place of business in Bibb County who maintains an active trust department. Section 14. Be it further enacted that evidence of advertising as required by the Constitution of 1945 is hereto attached and made a part hereof. Section 15. All laws and parts of laws in conflict with this Act 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 three consecutive weeks, to-wit: on January 5, 12, 19 and 26, 1957, 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/ Andrew McKenna. Sworn to and subscribed before me, this 12 day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Macon intends to apply for passage of the following local legislation at Page 3316 the 1957 session of the General Assembly, which convenes on Monday, January 14, 1957: 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 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 the 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 pensions and retirement system; 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 particularly to amend an Act approved March 6, 1956 (Ga. L. 1956, Vol. 2, pp. 3146-3156, inclusive) relating to the Macon Pension and Retirement System, so as to make certain corrections and changes in said retirement system; and for other purposes. 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 13, 1957. Page 3317 CITY OF SWAINSBORO CHARTER AMENDED. No. 492 (House Bill No. 373). An Act to amend an Act incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, so as to change the corporate limits thereof; to provide a referendum for the submission of this Act for approval or rejection and 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 incorporating the City of Swainsboro, approved December 6, 1900 (Ga. L. 1900, p. 427), as amended, is hereby amended by striking section 1 in its entirety and in lieu thereof inserting the following: Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, That the City of Swainsboro in the County of Emanuel be, and the same is hereby incorporated as a city, under the name and style of the City of Swainsboro. The corporate limits thereof shall extend one mile in every direction from the center of the court-house in the county of Emanuel, State of Georgia, as it is now situated, and shall embrace all of that area within the following description: Beginning at the point in the center of U S highway No. 1 that is one mile (along the center of U. S. highway No. 1) north of the intersection of the existing corporate limits of the city of Swainsboro and the center of U. S. highway No. 1; thence in a straight line to the point in the center of U. S. highway No. 80 that is one mile (along the center line of U. S. highway No. 80) east of the intersection of the existing corporate limits of the city of Swainsboro and the center of U. S. highway No. 80; thence in a straight line to the point in the center of U. S. highway No. 1, that is one mile (along the center of U. S. Page 3318 highway No. 1) south of the intersection of the existing corporate limits of the city of Swainsboro and the center of U. S. highway No. 1; thence in a straight line to the point in the center of the Nunez Road, that is one-half mile (along the center of the Nunez Road) south of the intersection of the existing corporate limits of the city of Swainsboro and the center of the Nunez Road; thence westerly in a straight line to the point in the center of U. S. highway No. 80, that is one mile (along the center of U. S. highway No. 80 west of the intersection of the existing corporate limits of the city of Swainsboro and the center of U. S. highway No. 80; thence north in a straight line to the starting point on U. S. highway No. 1; and in addition thereto, all of that tract of land purchased by the city of Swainsboro from Jessee Thompson as per a deed recorded in deed book CS page 372 of the records of the clerk of the Superior Court of Emanuel County. Corporate limits. Section 2. For the purpose of submitting the question of extending the corporate limits of the city of Swainsboro as hereinabove provided that area within the following description shall be known as area No. 1: Beginning at the point where the proposed northeastern corporate limit line intersects with the center of the Georgia and Florida Railroad tracks, and thence along the center of the Georgia and Florida Railroad tracks in a generally southwesterly direction to a point where the existing corporate limits of the City of Swainsboro intersects with the center line of said railroad; thence following the existing corporate limits of the City of Swainsboro to the point where the existing corporate limits intersects the center of the Lambs Bridge Road; thence in a generally easterly direction along the center of said road to the point where the proposed corporate limit line intersects with the center of Lambs Bridge Road; thence along the proposed corporate limit line in a generally northerly direction to the point where the proposed corporate limit line intersects with the center of U. S. highway No. 80, at the point that is one mile (along the center of U. S. highway No. 80) east of the point where the existing Page 3319 corporate limits of the city of Swainsboro intersects with the center of U. S. highway No. 80; thence along the proposed corporate limit line in a generally northwesterly direction to the point of beginning of area No. 1. Area No. 2 shall be composed of all of that area proposed to be annexed as a part of the corporate limits of the city of Swainsboro, other than area No. 1. Section 3. Not less than sixty days nor more than ninety days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the ordinary of Emanuel County, as to areas Nos. 1 and 2, and it shall be the duty of the mayor of the City of Swainsboro, as to the City of Swainsboro to issue a call for an election for the purpose of submitting this Act to the voters of areas Nos. 1 and 2, and to the voters of the City of Swainsboro, for the approval or rejection in both area No. 1 and area No. 2 and the City of Swainsboro. The ordinary and the mayor shall set the date of such election not less than 60 nor more than 90 days prior to January 1, 1958. The ordinary and the mayor shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date thereof in the official organ of Emanuel County and the official gazette of the City of Swainsboro, respectively. The ballot shall have printed thereon the words: Referendum. For approval of the Act extending the corporate limits of the City of Swainsboro. Against approval of the Act extending the corporate limits of the City of Swainsboro. 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 the majority of the votes cast on such question in both the City of Swainsboro and in area No. 1 and area No. 2, respectively, proposed to be annexed are for approval of Page 3320 the Act, then it shall become of full force and effect as of January 1, 1958. If less than the majority of the votes cast in the City of Swainsboro are for approval of the Act then it shall be of no force and effect. If less than a majority of the votes cast in area No. 1 are for approval of the Act then it shall be void and of no force and effect as to area No. 1. If less than a majority of the votes cast in area No. 2 are for approval of the Act, then it shall be void and of no force and effect as to area No. 2. It is the purpose of this referendum to extend the corporate limits of the City of Swainsboro over the proposed area only upon the approval of the qualified and registered voters of the City of Swainsboro and the qualified and registered voters of the respective areas. The expense of such election in areas Nos. 1 and 2 shall be borne by Emanuel County. The expense of such election in the City of Swainsboro shall be borne by the City of Swainsboro. It shall be the duty of the ordinary to hold and conduct such election in areas Nos. 1 and 2 in such manner that the qualified and registered voters that are residents of each area may express their desire as to whether to be included within the corporate limits of the City of Swainsboro. All residents over eighteen years of age in such area that are qualified and registered to vote for members of the General Assembly shall be eligible to vote in such election. It shall be the duty of the mayor to hold and conduct such election in the City of Swainsboro. It shall be the duty of the ordinary and the mayor to canvass the returns and to declare and certify the results of the election in the respective areas. It shall be the duty of the mayor to certify the results of the election within the City of Swainsboro to the ordinary of Emanuel County. It shall be the further duty of the ordinary to certify the results of the respective elections to the Secretary of State. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Thursday, January 31, 1957. Page 3321 Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1957 Session of the General Assembly of Georgia a bill to change the corporate limits of the City of Swainsboro; and for other purposes. This 14th day of January, 1957. Geo. L. Smith, II, Representative, Emanuel County, Ga. J.-17, 24, 31. Georgia, Emanuel County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Geo. L. Smith, II, who, on oath, deposes and says that he is representative from Emanuel County, and that the attached copy of notice of intention to introduce local legislation was published in the Swainsboro Forest Blade which is the official organ of said county, on the following dates: January 17, 1957; January 24, 1957 and January 31, 1957. /s/ Geo. L. Smith, II, Representative, Emanuel County. Sworn to and subscribed before me this 2nd day of February, 1957. /s/ Florrie Mae Peebles, Notary Public, Georgia, Emanuel County. My Commission Expires May 27, 1960. (Seal). Approved March 13, 1957. Page 3322 CIVIL COURT OF DEKALB COUNTY. No. 493 (House Bill No. 557). An Act to amend an Act approved February 14, 1951, (Ga. L. 1951, p. 2401) creating and establishing the Civil Court of DeKalb County, and acts amendatory thereto; to provide for sales commissions on sales by said marshal; to provide for the withdrawal of the judges, solicitor, assistant solicitor, clerk, marshal, chief deputy marshal, chief deputy clerk, deputy clerks, and deputy marshals from participating in the County Pension Plan; to provide for the payment of advertising costs and other necessary expenses. 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 further enacted by the authority aforesaid that the commission on the Marshal's sale of said Court shall be 5% on the first $1,000.00 and 3% on all amounts in excess of $1,000.00. Marshal's sales. Section 2. Be it further enacted by the authority aforesaid that from and after the passage of this Act the judges of said court shall have the authority to name a court reporter to report cases in said court and shall pay said court reporter the sum of $20.00 per day for takedown of criminal cases. Said amount shall be paid out of the county treasury upon the approval and ordered to pay by the judges of said court. Court reporter. Section 3. Be it further enacted by the authority aforesaid that in cases where it is necessary to advertise in the local newspaper that said advertising and such other emergency expenses shall be paid by the clerk of the Civil Court of DeKalb County upon the order of the senior judge thereof. Advertising. Section 4. Be it further enacted by the authority Page 3323 aforesaid that any judge, solicitor, assistant solicitor, clerk, deputy clerk, chief deputy clerk, marshal, and deputy marshal shall be withdrawn from participating in the County Pension Plan by giving notice in writing to the commissioner of roads and revenue and upon giving said notice shall not participate in said plan thereafter. County pension plan. Section 5. Be it further enacted by the authority aforesaid, and it is hereby enacted by the authority of the same, that from and after the passage of this Act all jury summons may be served by the marshal of said court by depositing the same, correctly addressed to the party being summoned, in the United States Mail. Jury summons. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice to Apply for Local Legislation. An Act to amend an Act approved February 14, 1951 (Ga. L. 1951, p. 2401), creating and establishing the Civil Court of DeKalb County, and acts amendatory thereto, to provide for the jurisdiction of the subject matter of said court, for costs in said court, and for salaries of certain employees of said court and for other purposes. J. Oscar Mitchell, Judge, Civil Court of DeKalb County. 12-20-3t 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 Page 3324 local legislation was duly published once a week for three weeks as required by law; said dates of publication being December 20, 1956, December 27, 1956 and January 3, 1957. The DeKalb New Era, /s/ W. H. McWhorter, W. H. McWhorter, Managing-Editor. Sworn to and subscribed before me this 10th day of January, 1957. /s/ Joseph H. Baird, Notary Public, DeKalb County, Georgia. My Commission Expires Dec. 18, 1957. (Seal). Approved March 13, 1957. GRADY COUNTY COMMISSIONERSCOMPENSATION. No. 494 (House Bill No. 504). An Act to amend an Act to create a board of commissioners of roads and revenues for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 837), as amended, particularly by an Act approved February 24, 1939 (Ga. L., 1939, p. 612) so as to change the compensation of such commissioners, and the chairman of the board of commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act to create a board of commissioners of roads and revenues for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess., p. 837), as amended, particularly by an Act approved February 24, 1939 (Ga. L., 1939, p. 612) is Page 3325 amended by striking from section 8 thereof, the words and figures $15.00 per month and inserting in lieu thereof, the words and figures $75.00 per month; and by striking from said section, the words and figures $1500.00 per year and inserting in lieu thereof, the words and figures $1800.00 per year so that said section as amended hereby shall read as follows: Section 8. That the four commissioners of said county other than the chairman shall receive for their services a monthly salary to be fixed by the board as a whole, but not to exceed the sum of $75.00 per month each, and the chairman shall receive for his services the sum of $1800.00 per year, provided however, that on and after January 1, 1941, the salary of said chairman shall be fixed by said board from time to time in its discretion. Compensation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Georgia, Fulton County. Personally appeared before the undersigned authority, Roy Perkins, 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 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/ Roy Perkins. Sworn to and subscribed before me, this 14 day of Feb., 1957. /s/ Frances Y. Read, Notary Public, Fulton Co. Notice of Intention to Apply for Local Legislation. You are hereby notified that the undersigned intends to introduce in the 1957 general session of the General Assembly of the State of Georgia, a local or special bill Page 3326 for the purpose of amending that certain Act approved December 22, 1937 (Ga. L. Ex. Sess. 1937-1938, p. 837), creating a board of commissioners of roads and revenues for the County of Grady, as amended from time to time, to fix the salaries of the chairman of said board and the other commissioners. This 11th day of January, 1957. Roy Perkins, Roy Perkins, Representative, Grady County, Georgia. 1-18-4t. Approved March 13, 1957. CITY COURT OF ALBANY. No. 496 (House Bill No. 609). An Act to amend an Act establishing the City Court of Albany in and for the County of Dougherty, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 2035) and an Act approved March 7, 1955 (Ga. L. 1955, p. 2850), so as to change the compensation of the judge of said court; to provide for an allowance to the solicitor for secretarial assistance; 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 Albany in and for the County of Dougherty, approved December 16, 1897 (Ga. L. 1897, p. 408), as amended, particularly by an Act approved February 25, 1949 (Ga. L. 1949, p. 2035) and an Act approved March 7, 1955 (Ga. L. 1955, p. 2850), is hereby amended so as to provide that the judge of the City Court of Albany shall receive a salary of $9,200.00 per annum for his services, to be paid Page 3327 in equal monthly installments from the funds of Dougherty County. Judge's salary. Section 2. Said Act, as amended, is further amended so as to provide that the solicitor of said court shall receive the sum of $600.00 per annum for the purpose of employing secretarial assistance. Said sum shall be paid in equal monthly installments from the funds of Dougherty County. Secretarial help for solicitor. 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 application will be made at the 1957 session of the General Assembly of Georgia for the passage of a bill to raise the compensation of the judge of the City Court of Albany and to provide for secretarial compensation to be allowed to the solicitor of said court. This 26th day of January, 1957. George D. Busbee and A. W. Holloway, Representatives. Asa D. Kelley, Jr., Senator. Jan. 29. Feb. 5, 12, 1957. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George D. Busbee, who, on oath, deposes and says that he is representative 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 days: January 29, February 5, 12, 1957. /s/ George D. Busbee, Representative, Dougherty County. Page 3328 Sworn to and subscribed before me this 20 day of February, 1957. Frances Y. Read, Notary Public, Fulton Co. Approved March 13, 1957. CITY OF MACONALLEY CLOSED. No. 498 (House Bill No. 431). An Act to vest title in the City of Macon, its successors and assigns, to that portion of the twenty (20) foot alley in block 18 of the Southwest Commons of the City of Macon, lying between the original southwesterly line of Ash Street and the northeasterly line of the right-of-way of the Central of Georgia Railway in the said city, and to authorize said city to close, vacate and abandon the portion of said alley 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 the 20-foot alley, which runs in a northeasterly and southwesterly direction in block 18 of the Southwest Commons of the City of Macon, and which lies between the original southwesterly line of Ash Street and the northeasterly line of the right-of-way of the Central of Georgia Railway in said City, bounded on its northwesterly side by the property of Mrs. Essie S. McCook and of the estate of J. W. McCook, Sr., and on its southeasterly side by the property of the estate of J. W. McCook, Sr. Title, description. Section 2. The City of Macon, through its governing authority is hereby authorized and empowered to close, Page 3329 vacate and abandon, for street purposes, all that portion of the 20-foot alley in block 18 of the Southwest Commons of the City of Macon, to which title is vested in it under section 1, hereof, and thereafter to hold and own the same without limitation. The powers hereby granted are not intended to supersede those which are found in the charter of the City of Macon, but are intended to be cumulative of said powers. Power to close or abandon. 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, 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 three consecutive weeks, to wit: On January 12, 19 and 26, 1957, 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/ Andrew W. McKenna. Sworn to and subscribed before me this 7 day of February, 1957. /s/ Janette Hirsch, Notary Public, Fulton County, Ga. My Commission Expires: (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 1957 session of the General Assembly, which convenes on Page 3330 Monday, January 14, 1957, to amend the charter of the City of Macon, in the following respects: (1) By adding to section 2 of said charter, as amended, relating to the corporate limits of the City of Macon, a description of new territory to become a part of the City of Macon; (2) By repealing section 91 of said charter, as amended, relating to a license or business tax upon delivery vehicles; (3) By adding new sections to said charter authorizing the creation of a City of Macon Public Library; to provide for a city librarian and his qualifications, and the manner of prescribing his duties; to authorize the creation of a Board of Library Commissioners as the governing body of said library and to prescribe the number, qualifications, powers, duties and responsibilities of the members of said board. The City of Macon will also apply for the passage of the following local legislation at said session: (1) An Act authorizing the mayor and council of the City of Macon to abandon, vacate and close that portion of twenty foot alley running between the southerly line of Ash Street and the easterly line of the right-of-way of the Central of Georgia Railroad in block 18 of the Southwest Commons of the City of Macon, and vesting title thereto in the City of Macon; (2) An Act to close, vacate and abandon for street purposes a certain portion of Orange Street at its intersection with First Street and a certain portion of First Street at its intersection with Orange Street in said city, and to vest title thereto in the City of Macon; (3) An Act to close, vacate and abandon for street purposes a certain portion of Third, Arch and Oglethorpe Page 3331 Streets where said streets converge in the City of Macon, and to vest title thereto in the City of Macon; (4) An Act directing the City of Macon to close, vacate and abandon for cemetery purposes that portion of square 35, Old City, known as the Old City Cemetery; ordering the removal of the remains of bodies buried in said Old City Cemetery, together with the headstones and monuments therein, from said square 35 and the reinterment thereof in an appropriate area of Rosehill Cemetery in the City of Macon set apart from said purpose; directing said city to erect therein a suitable memorial commemorating and honoring these reinterred dead, and vesting title to that portion of square 35, Old City, formerly occupied by the Old City Cemetery, in the City of Macon. This notice is given in compliance with Article III, Section VII, Paragraph XV, (Code Section 2-1915) of the Constitution of 1945. This 11th day of January, 1957. C. Cloud Morgan, City Attorney. Approved March 13, 1957. PENSION SYSTEMS IN CERTAIN CITIES. No. 499 (House Bill No. 473). 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, by adding a provision that Page 3332 the board of trustees of such pension fund shall be authorized to invest funds not needed for immediate use, 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 by adding thereto an additional provision to read as follows: Section 1. In the event there should accumulate more funds than are needed for immediate use, the board of trustees are empowered to invest such excess funds in United States or State of Georgia bonds, general obligation bonds of any municipality of this State, revenue certificates issued by the City of Atlanta, street improvement bonds issued by the City of Atlanta, and in notes given by property owners for deferred payments of street improvements liens as provided by the Act of 1919 (Ga. L. 1919, p. 821 et seq.), as amended; also in any other bonds or securities authorized by law as legal investments by trustees. Investment of funds. Section 2. All laws or parts of laws in conflict herewith are hereby repealed. Approved March 13, 1957. FLOYD COUNTY COMMISSIONERS. No. 500 (House Bill No. 296). An Act to amend an Act entitled An Act to repeal an Act entitled `An Act to provide uniformity in the composition of boards of commissioners of roads and revenues in Floyd County, State of Georgia; to specify the number of commissioners; to regulate the mode of Page 3333 nominations and election of members of the board, the term of office and for other purposes,' approved August 18, 1911; to abolish the board of commissioners of Floyd County elected thereunder, and to provide for their successors; to provide for handling the affairs of said County of Floyd until successors of said board of commissioners are elected; to provide for an inventory of property, assets, and liabilities of said county, and for other purposes approved July 28, 1917, and all amendments thereto, by striking from the third line of paragraph 2 of section 6 thereof the word and symbol monthly, and by striking from the sixth line of said paragraph the word one and inserting in lieu thereof the word five; and by striking from the third line of paragraph 3 of section 3 thereof the word eighty and inserting in lieu thereof the word ninety; 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 repeal an Act entitled `An Act to provide uniformity in the composition of boards of roads and revenues in Floyd County, State of Georgia; to specify the number of commissioners; to regulate the mode of nominations and election of members of the board, the term of office and for other purposes,' approved August 18, 1911; to abolish the board of commissioners of Floyd County elected thereunder, and to provide for their successors; to provide for handling the affairs of said County of Floyd until successors of said board of commissioners are elected; to provide for an inventory of property, assets, and liabilities of said county, and for other purposes, approved July 28, 1917, and all amendments thereto, be and the same is hereby amended by striking from the third line of paragraph 2 of section 6 thereof the word and symbol monthly, and by striking from the sixth line of said paragraph the word one and inserting in lieu thereof the word five. Section 2. Be it further enacted by the authority Page 3334 aforesaid that said Act be amended by striking from the third line of paragraph 3 of section 3 thereof the word eighty and inserting in lieu thereof the word ninety. 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 Local Legislation. Notice is hereby given of intention to apply for the enactment of a local and special bill at the next meeting of the General Assembly of Georgia, which convenes in January, 1957, to amend an Act relating to the Board of Commissioners of Roads and Revenue of Floyd County, Georgia, approved July 28, 1917 (Ga. L. 1917, p. 351 et seq.), and all Acts amendatory thereto, to change the provisions thereof relating to purchases, sales, and contracts; to repeal all laws and parts of law in conflict therewith; and for other related purposes. Jan. 4, 11, 18. Georgia, Fulton 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 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 31 day of January, 1957. /s/ Janette Hirsch, Notary Public, State of Georgia. (Seal). Approved March 13, 1957. Page 3335 CHEROKEE COUNTYCLERK TO COMMISSIONER. No. 501 (House Bill No. 597). An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Cherokee approved August 9, 1915 (Ga. L. 1915, p. 177), as amended, so as to change the compensation of the clerk of said commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to amend an Act creating the office of commissioner of roads and revenues for the County of Cherokee approved August 9, 1915 (Ga. L. 1915, p. 177) is hereby amended by striking section 6 thereof in its entirety, and inserting in lieu thereof a new section which shall read as follows: Section 6. Be it further enacted by the authority aforesaid, that the commissioner of roads and revenues of Cherokee County shall appoint a clerk, whose salary shall be fixed by the commissioner not to exceed $2700.00 per annum, to be paid in twelve equal monthly installments. It shall be the duty of the county clerk to attend all business meetings pertaining to the office, and he shall keep in order the minutes of all transactions of the office, to file and keep in order of their date all original orders and papers, petitions, applications and other papers, addressed to the commissioner concerning county business. The clerk shall also keep on record and in a separate book the payment of all money out of the county treasury by order of the commissioner, giving the amount and date of said payments, and the persons to whom paid and for what purposes paid. Said clerk shall also keep a book showing a full and detailed statement of all accounts or other indebtedness, contracted by the commissioner. All the books, files and records required to be used or kept in the office of the commissioner of roads and revenues shall always be ready and open to inspection Page 3336 of any taxpayer of the county. Said clerk before entering on the discharge of his duties, shall be required to give bond and take the same oath as required by the commissioner, which bond shall be in the sum of $1,000.00, payable to the said commissioner for the faithful performance of his duties; said clerk shall hold said office at the discretion of the commissioner. Duties, compensation. 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, 1957 session of the General Assembly of Georgia, a bill to change the compensation of the clerk to the commissioner of Cherokee County; and for other purposes. This 29th day of January, 1957. Carl Barrett, Representative, Cherokee County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carl Barrett, who, on oath, deposes and says that he is representative from Cherokee County, and that the attached copy of notice of intention to introduce local legislation was published in the North Georgia Tribune which is the official organ of said county, on the following dates: January 31, February 7, and February 14, 1957. /s/ Carl Barrett, Representative, Cherokee County. Page 3337 Sworn to and subscribed before me this 15 day of Feb., 1957. /s/ Frank H. Edwards, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1959. (Seal). Approved March 13, 1957. TERRELL COUNTYOFFICE OF TAX COMMISSIONER CREATED. No. 506 (Senate Bill No. 135). An Act to consolidate the offices and duties of tax receiver and tax collector of Terrell County, Georgia; to provide the term of office of the officer performing the duties of said consolidated offices to be known as tax commissioner and the manner of his election; to provide for filling any vacancy in said office; to prescribe the oath and bond to be given by said tax commissioner; to fix the compensation of said tax commissioner; to provide for clerical assistance for said tax commissioner if necessary; to provide an effective date of this Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In accordance with and by authority of Article XI, Section I, Paragraph VI of the Constitution of the State of Georgia, the offices and duties of the tax receiver and the tax collector of Terrell County, Georgia shall, at a date to be determined as hereinafter provided, be and remain consolidated and the official performing the duties of said two offices shall be known and designated as Terrell County Tax Commissioner. Office created. Section 2. Said tax commissioner shall, except as hereinafter Page 3338 provided, hold office for a term of four years, the first term beginning January 1, 1961, and ending December 31, 1965. Term. Section 3. Said tax commissioner, except as hereinafter provided, shall be elected at the general election held in the State of Georgia in the year 1960, and at the general election each four years thereafter, in the same manner, time, and place as clerks of the superior court are elected. Elections. Section 4. Said tax commissioner shall be commissioned as qualified as the clerks of the superior court are. Commission and qualifications. Section 5. If any vacancy, for any reason, occurs in said office of tax commissioner, it shall be filled in the following manner: (a) If said vacancy occurs within six months of the expiration of the existing term, the board of commissioners of roads and revenues of Terrell County, Georgia, shall appoint some qualified person to discharge the duties of said consolidated office for the remainder of said term, and the person so appointed shall be commissioned and qualified as clerks of the superior court, and shall receive the pro rata part of the compensation accruing to said office for the time so appointed. (b) If said vacancy occurs more than six months prior to the expiration of the existing term, the board of commissioners of roads and revenues of Terrell County shall appoint some qualified person to discharge the duties of said consolidated office until a tax commissioner is elected, and it shall be the duty of the ordinary of Terrell County to call a special election for the election of a tax commissioner to serve the remainder of said term, which election shall be ordered not sooner than twenty (20) days and not later than forty (40) days after said vacancy occurs, and the ordinary shall give notice, of the date of said election by publication thereof in a public gazette published in Terrell County ten days before said election. The person elected on said day shall perform the duties of said consolidated office for the unexpired term of his predecessor. The return of Page 3339 said election shall be made to the Governor, who shall commission the person so elected. The person so temporarily appointed and the person so elected shall each receive his pro rata compensation accruing to said office for the time he serves. Vacancies, how filled. Section 6. Should any two or more candidates at an election to fill said vacancy, or at any regular election, have the highest and an equal number of votes, said ordinary shall call and advertise another election within twenty (20) days, in the manner above provided, and so do until a choice is made. Election. Section 7. Said tax commissioner, whether elected or appointed, before entering on the duties of his office, beside the oath required of all civil officers, shall take and subscribe the following oath: I swear that I will truly and faithfully perform the duties of county tax commissioner of Terrell County, Georgia, that is to say, all duties heretofore required and prescribed for tax receiver and tax collector and such other duties as might be required by law; that I will not receive any return but on oath or affirmation; that I will search out and make a true return of all defaulters, polls, professions, and all taxable property not returned; that I will account for and pay over all taxes collected by me, as required by law; and will, to the best of my ability, carry out all of the requirements made upon me by law; so help me God. Oath, bond. And said tax commissioner shall also, at the same time, give bonds and security as follows: (a) Bond and security, payable to his Excellency the Governor, and his successors in office, in a sum equal to one half of the State tax estimated to be due for Terrell County for the year for which said officer is required to give bond, the amount of said bond to be filled up by the Comptroller-General before being sent out to the county from the executive office, and to be conditioned as bonds of tax receivers for State taxes are now conditioned. (b) Bond and security, payable to the board of commissioners of roads Page 3340 and revenues of Terrell County, Georgia, conditioned for the faithful performance of his duties as such tax commissioner, in the sum to be fixed by the board of commissioners, which said bond must be filed with and approved by said board of commissioners, and recorded in the records of said board. The security on both of said bonds shall be a reliable bonding company. If said tax commissioner, whether elected or appointed, shall fail or neglect to give and file said bonds, as above required, within ten (10) days from the time of beginning the discharge of the duties of his office, said board of commissioners of roads and revenues of Terrell County shall declare a vacancy in said office, which vacancy shall be filled in the manner above provided. Section 8. Said tax commissioner, whether elected or appointed, shall be vested with the powers and shall perform each, every, and all of the duties now required by law of both the tax receiver and tax collector of Terrell County, Georgia, and in the manner prescribed by law; shall be subject to all the pains and penalties, and have all the rights, powers, and privilege of said two offices and officers. Powers and duties. Section 9. The 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 licenses, the following sums and amounts, to wit: (a) The commission paid by the State of Georgia for the collection of State taxes, special licenses, etc., and to be paid by the State, and (b) the commissions now fixed and allowed by law to the tax receiver and tax collector of Terrell County, Georgia, for the return and collection of county and school taxes. Compensation. Section 10. The provisions of this Act shall become effective January 1, 1961. In the event that a vacancy should occur in the office of tax receiver of Terrell County, the tax collector of Terrell County shall assume all of the functions of the office of tax receiver, and shall be Page 3341 known as the tax commissioner of Terrell County, Georgia, and shall assume all the rights, duties, and obligations imposed on the office of tax commissioner by this Act. In the event that a vacancy should occur in the office of tax collector of Terrell County after such assumption, all the provisions of this Act shall become effective. Effective date. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of publication attached to enrolled copy. Approved March 13, 1957. HEARD COUNTYCOMMISSIONERS. No. 507 (House Bill No. 461). An Act to amend an Act creating a board of commissioners of roads and revenue for Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended by an Act approved February 13, 1956 (Ga. L. 1956, p. 2346), so as to provide for the election of the members of the board; to provide for commissioner districts; to provide for terms of office; to provide for elections; to change the composition of the commissioners and the clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a board of commissioners of roads and revenue for Heard County, approved March 27, 1941 (Ga. L. 1941, p. 864), as amended by an Act approved February 13, 1956 (Ga. L. 1956, p. 2346), is hereby amended by striking section 1 in its entirety, and in lieu thereof inserting a new section 1 to read: Section 1. There is hereby created a board of commissioners Page 3342 of roads and revenues for the County of Heard to consist of three members; each member to be nominated from his respective district in the primary held by his political party, but the members of the board of commissioners of roads and revenues shall be elected by the voters of the entire county. Elections. Commissioner district No. 1 shall consist of Franklin, Enon Grove, Cooksville and Corinth militia districts. Commissioner district No. 2 shall consist of Glenlock, Central Hatchee, Rockalo and Loftin militia districts. District No. 3 shall consist of Walnut Hill, Waresville, Texas, Glenn and Houston militia districts. Section 2. Said Act, as amended, is further amended by striking section 2 in its entirety and inserting, in lieu thereof, a new section 2 to read: 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 1960, and shall take office January 1, 1961, for a term of 4 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. Those members of the board elected in the year 1956, shall hold office until December 31, 1960, and until their successors are elected and qualified. Terms. Section 3. Said Act, as amended, is further amended by striking section 2-A which reads: Section 2-A. In the event any political party holds a 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 county-wide basis, and the district system in effect prior to the presentage of this Act shall no longer be used. The name of any candidate nominated, other than under Page 3343 the county-wide system, shall not be placed on the ballot used in the regular election. Section 2-A repealed. in its entirety. Section 4. Said Act, as amended, is further amended by striking section 6 in its entirety and in lieu thereof inserting the following: Section 6. The compensation of the members of the board of commissioners of roads and revenues of Heard County, exclusive of the chairman, shall be $8.00 per diem, not to exceed $600.00 in any one year, when engaged upon attendance at regular or called meetings of the board of commissioners. The regular meetings for the said board to be held on the first Monday in each month and called meetings to be held subject to the call of the chairman. The chairman shall receive a salary of $50.00 per month, which shall be in lieu of all per diem. Compensation. Section 5. Said Act, as amended, is further amended by striking from section 21 the words and figures, seventy-five ($75.00) dollars, and in lieu thereof inserting the words and figures, one hundred dollars ($100.00), so that section 21, as so amended, shall read: Section 21. The board of commissioners are authorized to appoint and elect a clerk to and for said board of commissioners and are authorized to fix his salary not to exceed one hundred dollars ($100.00) per month. The board is authorized to require from the clerk a good and sufficient bond for the faithful performance of his duties as such clerk, said bond payable to said board of commissioners of roads and revenues conditioned upon the faithful and full discharge by the clerk of all duties that may develop upon him by virtue of his appointment as clerk of the board of commissioners of roads and revenues of Heard County. Clerk's compensation. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Page 3344 Georgia, Heard County. Personally appeared before me, an officer duly authorized by law to administer oaths, Berrien T. McCutchen, editor of The News and Banner, Franklin, Heard County, Georgia, who, after being duly sworn deposes and says that he has published for three consecutive weeks the following notices of intention to introduce special legislation at the request of J. Artie Rogers, representative from Heard County: A bill to change the per diem compensation of commissioners of roads and revenues of Heard County; and salary of the clerk of said board; also, a bill to provide for the election of the members of the board of commissioners of roads and revenues from their respective districts; to provide for term of office; to provide an effective date. /s/ Berrien T. McCutchen Editor, The News and Banner, Franklin, Georgia Published Jan. 25th, Feb. 1st and Feb. 8th, 1957. Sworn to and subscribed before me, this 9th day of Feb., 1957. /s/ Bernice Rogers Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January 1957 session of the General Assembly of Georgia, a bill to change the per diem compensation of commissioners of roads and revenues of Heard County; and salary of the clerk and for other purposes. This 21st day of January, 1957. J. Artie Rogers Representative Elect, Heard County. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at Page 3345 the January 1957 session of the General Assembly of Georgia, a bill to provide for the election of the members of the board of commissioners of roads and revenues from their respective districts; to provide for the term of office; to provide for elections; to provide an effective date; to repeal conflicting laws; and for other purposes. This 21st day of January, 1957. J. A. Rogers Representative Elect, Heard County, Ga. Approved March 15, 1957. CITY OF SPRING PLACENEW CHARTER. No. 511 (House Bill No. 276). An Act to repeal an Act incorporating the town of Spring Place in the County of Murray, approved October 9, 1885 (Ga. L. 1884-85, p. 409), as amended, to incorporate and grant a new charter to the City of Spring Place; to prescribe and define the corporate limits thereof; to provide a municipal government for said city; to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect taxes; to authorize the construction of waterworks, sewers, streets and 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; to provide for the adopting of ordinances and the granting of licenses for the conduct of business; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Page 3346 Section 1. An Act incorporating the town of Spring Place in the County of Murray, approved October 9, 1885 (Ga. L. 1884-85, p. 409), as amended, is hereby repealed in its entirety. Act of 1885 repealed. Section 2. The City of Spring Place, in the County of Murray, is hereby incorporated under the name and style of the City of Spring Place. Incorporated. Section 3. The corporate limits of the City of Spring Place shall extend one-half mile equidistant in every direction from the courthouse located in the public square of said city. Corporate limits. Section 4. 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 Spring Place; and by that name and style shall have perpetual succession; said corporate body 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. On the first Saturday in December of every two (2) years, beginning in 1957, there shall be an election held for a mayor and four (4) councilmen to take office on January 1st immediately following, and remain in office until their successors are elected and qualified. Said election shall be held at some public place designated by the mayor and council of said city; shall be held between the hours of 8 o'clock a. m. and 6 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. Mayor and council, elections, terms. Page 3347 Section 5. 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 Spring Place to the best of my skill and ability. Oath. Section 6. Said mayor and council shall hold monthly meetings and any shall call additional meetings when deemed necessary 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 from 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. Mayor and council, meetings, ordinances. Section 7. 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 the 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. Same. Page 3348 Section 8. Said mayor and council shall have the right to require a license to conduct any and all types and kinds of business or businesses in said city, and set the cost or fee, or both, for such license; but no ad valorem tax to exceed five (5) mills 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 Murray 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 on 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. Taxes. Section 9. 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. Same. Section 10. The mayor shall hear and try all cases Page 3349 against persons charged with violations of the laws of said city and upon conviction may impose a fine not to exceed fifty dollars ($50.00) 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 11. 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 corporations for the furnishing of water, electric lights and power, gas and sewerage or any of them as the mayor and council may deem proper. Powers of mayor and council. Section 12. 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. Salaries. Section 13. 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 and privileges as are usually granted such municipalities. Powers of mayor and council. Page 3350 Section 14. This Act shall become effective on January 1, 1958; provided that the first election for a mayor and council as herein provided shall be held on the first Saturday in December next preceding the effective date. Effective date. Section 15. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. I will introduce local legislation at the 1957 session of the General Assembly of Georgia to provide as follows: An act to create a new charter for the city of Spring Place. Fred F. Long Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Fred F. Long, who, on oath, deposes and says that he is representative from Murray County, and that the attached copy of notice of intention to introduce local legislation was published in the The Chatsworth Times which is the official organ of said county, on the following dates: Jan. 3, 10, and 17. /s/ Fred F. Long Representative, Long County Sworn to and subscribed before me this 30th day of January 1957. /s/ Amelia Smith (Seal) Notary Public, Georgia, State at Large My Commission Expires October 4, 1960 Approved March 13, 1957. Page 3351 FORSYTH COUNTY COMMISSIONERSCLERK'S SALARY. No. 512 (House Bill No. 450). An Act to amend an Act creating a board of commissioners of roads and revenues for Forsyth County, approved March 18, 1943 (Ga. L. 1943, p. 965), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2570), so as to change the amount of compensation which may be received by the clerk 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 Forsyth County, approved March 18, 1943 (Ga L. 1943, p. 965), as amended, particularly by an Act approved February 15, 1952 (Ga. L. 1952, p. 2570), is hereby amended by striking from section 7 the words and figure one hundred twenty-five ($125.00) dollars, and inserting in lieu thereof the words and figure two hundred ($200.00) dollars, so that when so amended, section 7 shall read as follows: Section 7. Be it further enacted by the authority aforesaid, that said board of commissioners shall be authorized to elect a clerk of said board, whose duty it shall be to keep in permanent form a complete record of the official acts of said board, including the receipt and disbursement of all county funds, to perform such other duties as may be required of him by said board. Said clerk shall receive for his services such compensation as may be fixed by said board, but not to exceed the sum of two hundred ($200.00) dollars per month. Said board, in its discretion, may require said clerk to give bond with good security for the faithful performance of his duties as such clerk and may pay the premium on such bond from the county funds of Forsyth County, Georgia. Clerk's salary. Page 3352 Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Forsyth County. Notice is hereby given that it is the intention of the undersigned to introduce legislation at the January 1957 session of the Legislature of Georgia to amend the Act of March 18, 1943, creating the board of commissioners of roads and revenue of Forsyth County, Georgia, as the same has heretofore been amended, relating to the compensation that may be paid to the clerk of said board of commissioners for clerk's services. This December 26, 1956. Marcus Mashburn, Sr., Senator 33rd District. A. C. Smith, Jr., Representative Forsyth County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, A. C. Smith, who, on oath, deposes and says that he is representative from Forsyth County, and that the attached copy of notice of intention to introduce local legislation was published in the Forsyth County News which is the official organ of said county, on the following dates: Dec. 20, Dec. 27, 1956 and Jan. 3, 1957. /s/ A. C. Smith, Representative, Forsyth County. Sworn to and subscribed before me this 11th day of February, 1957. /s/ Janette Hirsch Notary Public, Georgia, State at Large. My Commission expires October 4, 1960. (Seal). Approved March 18, 1957. Page 3353 CITY OF HAWKINSVILLE CHARTER AMENDED. No 513 (House Bill No. 402). An Act to amend an Act creating a new charter for the city of Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671) so as to change the form of government from commissioners-city manager to a city council to be composed of a mayor and aldermen; to provide for the qualification, election, and terms of offices of the mayor and aldermen; to provide for the duties, powers and compensation of the mayor and aldermen; to provide for approval of the Act by referendum; to provide for an effective date; to repeal an Act approved July 27, 1923 (Ga. L. 1923, p. 671); 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 Hawkinsville, approved December 18, 1902 (Ga. L. 1902, p. 446), as amended, particularly by an Act approved July 27, 1923 (Ga. L. 1923, p. 671) is hereby amended by striking section 3 from the original Act and substituting a new section 3 to read: Section 3. The City of Hawkinsville shall be governed by a city council to be composed of a mayor and six (6) aldermen. Mayor and aldermen. Section 2. Said Act is further amended by striking section 4 from the original Act and substituting in lieu thereof a new section 4 to read: Section 4. On the first Wednesday of December, 1957, an election shall be held for a mayor and six (6) aldermen who shall take office on the Tuesday following the election. The mayor elected at said election shall serve for a term of two (2) years and until his successor Page 3354 is elected and qualified. Of the six (6) aldermen elected at said election, the three (3) with the highest number of votes shall serve for a term of two (2) years, the three (3) with the next highest number of votes shall serve for a term of one (1) year. Thereafter, on the first Wednesday of December of each year there shall be an election held for three (3) aldermen who shall serve for a term of two (2) years and until their successors are elected and qualified and, on the first Wednesday of December of each two years thereafter, there shall be held an election for a mayor who shall serve for a like period. At the first regular meeting of the mayor and aldermen after their election and qualification they shall elect from the aldermen a mayor pro tem., whose term of office shall be for one year. In the event a vacancy occurs in the office of mayor or aldermen, by reason of registration, removal from the city, death or otherwise, the city council shall order an election to fill said vacancy, which election shall be held in not less than ten days from the date of said vacancy, nor more than thirty days after said vacancy occurs, notice of which election shall be published once in one or more newspapers in said city, and by posting a written notice thereof for ten days at two or more of the most public places in said city. Said election shall be held and managed, returns made and results declared in the same manner as regular elections, as hereinafter provided; provided, however, that if any vacancy occurs in office of mayor or of any alderman within less than four months from the date of the next regular election of the city council shall themselves select some fit and proper person for said vacancy and by resolution declare him chosen to fill the vacancy. If the office of mayor pro tem. shall from any cause become vacant, the city council shall elect one of the remaining aldermen as mayor pro tem. for the unexpired term. Section 3. Said Act is further amended by striking section 5 from the original Act and substituting in lieu thereof a new section 5 to read: Section 5. To be eligible to the office of mayor or alderman a person shall have resided in said city one Page 3355 year immediately preceding his election, and shall be a qualified voter in municipal elections for officers of said city and entitled to register under the registration laws in force in said city. Upon election and before entering into the duties of their office, the mayor and aldermen shall take the following oath: `I do solemnly swear that I will faithfully perform the duties of mayor (alderman) for the City of Hawkinsville during my continuance in office and that I will be governed by the laws of this State, the charter of this city and what in my judgment is for the public good and best interest for the City of Hawkinsville, so help me God. Same, qualifications, oath. Section 4. Said Act is further amended by striking section 6 from the original Act and substituting in lieu there of a new section 6 to read: Section 6. The mayor of said city shall be its chief executive officer. He shall see that all laws, ordinances, resolutions and rules of said city are faithfully and fully executed, and that all officers of said city faithfully execute the duties required of them. He shall have general supervision of the affairs of said city and shall preside at regular meetings of the city council to be held on the first and third Tuesday of each month and at all special meetings called by him, the mayor pro tem. or a quorum of the aldermen; except in the absence of the mayor the presiding officer at such meetings shall be hereinafter provided. Mayor's duties. Section 5. Said Act is further amended by striking section 7 from the original Act and substituting in lieu thereof a new section 7 to read: Section 7. The mayor, and mayor pro tem. while acting as mayor, shall not have the right to vote upon any question before the council except in case of a tie, but said mayor or mayor pro tem., while acting as mayor, shall have the right to veto any resolution or ordinance adopted or enacted by the council, which veto must be filed with the clerk in writing, together with his reasons Page 3356 therefor, within four days after their action on said measure, and be entered of record on the minutes of counci; and said measure shall not be effectual unless passed over said veto by a vote of two-thirds of council at the first or second regular meeting of council after said veto, and not thereafter; provided, however, that within two days after said veto power is exercised the mayor or mayor pro tem., as the case may be, shall call a special meeting of council, and all the aldermen, or all save one of the aldermen, be present, they may, in their discretion, then and there act on said measure so vetoed. Same. Section 6. Said Act is further amended by striking section 8 from the original Act and substituting in lieu thereof a new section 8 to read: Section 8. During the sickness, absence, or disqualification of the mayor, the mayor pro tem. shall act as mayor; or in the sickness, absence or disqualification of the mayor pro tem., any one of the aldermen chosen by the city council shall be clothed with the rights and privileges of the mayor, and shall perform the mayor's duties for the time being. Absence of mayor or mayor pro tem. Section 7. Said Act is further amended by striking section 9 from the original Act and substituting in lieu thereof a new section 9 to read: Section 9. The mayor and four aldermen shall constitute a quorum for the transaction of any business before the city council, and the majority of the votes cast shall determine all questions and elections before the council. On all questions before the city council the mayor, or the mayor pro tem., if he is presiding, shall be entitled to vote only in case of a tie. Said city council shall hold regular meetings on the first and third Tuesday of each month at the council chamber in said city, and shall hold such called meetings as may be ordered as herein-before provided. All meetings by the council shall be public, and the public shall be allowed at all times to witness their deliberations, except when the city council resolves Page 3357 itself into executive session, when the public shall be excluded. Quorum, meetings. Section 8. Said Act is further amended by striking section 14 from the original Act and substituting in lieu thereof a new section 14 to read: Section 14. The compensation of the mayor shall be five hundred dollars ($500.00) per annum. The compensation of each alderman shall be one hundred dollars ($100.00) per annum. The compensation of the city clerk, city attorney, and of such other officers, servants or employees of the city shall be such sums as the council may fix, and shall be paid from the funds of the city at such intervals as the mayor and aldermen shall elect. Salaries. Section 9. Said Act is further amended by striking from section 16 of the original Act the words in Code of Georgia, 1895, section 1039 and substituting in lieu thereof the words by law, so that section 16 as amended hereby shall read: Section 16. Be it further enacted by the authority aforesaid, That any officer of said corporation who shall be guilty of malpractice or abuse of the powers conferred on him shall be guilty of a misdemeanor, and on conviction shall be punished as prescribed by law, and shall be removed from office. Malpractice. Section 10. Said Act is further amended by striking section 17 from the original Act and substituting in lieu thereof a new section 17 to read: Section 17. There is hereby created a recorder's court, to be presided over by a recorder who shall be appointed by the city council, which shall fix his salary and his term of office. Recorder's court. Said recorder shall hold office at the pleasure of said council. Said recorder's court shall be open at all times for the Page 3358 transaction of business as may come before it, and shall have jurisdiction to try and punish all persons charged with violation of the ordinances of said city. Said court shall have power to enforce its judgments by infliction of such penalties as provided by law; shall punish witnesses for inattendance upon said court; and to punish for contempt of said court by fine not to exceed $10.00 or by imprisonment in the city jail not to exceed ten days. In the absence or disability or disqualification of said recorder, said court shall be presided over by the mayor; or in the absence or disqualification of the mayor, by one of the aldermen. No appeal shall lie from decisions of the presiding officer of said recorder's court, but the right of certiorari shall lie to the superior court as hereinafter provided. All fines and forfeitures paid into the recorder's court shall be turned into the treasury of the City of Hawkinsville. Section 11. Said Act is further amended by striking section 18 from the original Act and substituting in lieu thereof a new section 18 to read: Section 18. Be it further enacted by the authority aforesaid, That the members of the police force of this city, the mayor and aldermen, may arrest without warrant any person guilty of a violation of the ordinances of said city, or reasonably suspected, and bring the offender before the recorder's court for trial, and to this end may summon any of the by-standers as a posse to assist in such an arrest. When brought before said court a written or printed accusation shall be preferred against the offender, in manner and form as follows: State of Georgia, City of Hawkinsville: `I,....., a member of the police court of said city, in the name and behalf of the City of Hawkinsville, charge and accuse..... Page 3359 .....with the offense of.....(here state the offense) contrary to the laws of said city, peace, good order and dignity thereof, this.....day of.....;' and shall be signed by some member of the police force of said city where prosecuting; and when such accusation is preferred in substance as aforesaid, the same shall be sufficient authority to hold the accused until the final trial of the case, but the accused may give cash bond or bond and security to appear at such other time as the case may be adjourned to; and in default of such bond being given the accused may be imprisoned to await a trial. If such bond be given and the accused should fail to appear for trial at the first setting of the recorder's court after arrest the bond may be forfeited by the recorder, unless the trial of the case is continued for good reason given, and execution issued thereon upon serving the defendant, if to be found, and his securities in such manner as said recorder may prescribe, with a rule nisi at least five days before the hearing of said nisi. Same, accusations, bond. Section 12. Said Act is further amended by striking section 19 from the original Act and substituting in lieu thereof a new section 19 to read: Section 19. Any person convicted before the recorder's court may have the right to certiorari to the Superior Court of Pulaski County; provided, all costs are first paid and bond and security given in double the amount of fine imposed, if a fine is imposed, to answer the final judgement rendered in the cause; and provided, further, nothing in this section shall prevent an applicant for certiorari to file the usual pauper affidavit in lieu of either the giving of the bond and security and the payment of costs, either or both; and provided further; that the applicant failing to give the bond and security may, in the discretion of the recorder, be imprisoned to await the final judgment on the certiorari. Certioraries above mentioned shall be governed by the same rules that shall govern all other certioraries, except as above specified. Same, certiorari. Section 13. An Act creating a commissioner-city management Page 3360 form of government for the City of Hawkinsville, approved July 27, 1923 (Ga. L. 1923, p. 671) is hereby repealed in its entirety. Act of 1923 repealed. Section 14. Not less than 10 nor more than 30 days after the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the clerk of the City of Hawkinsville to issue the call for an election for the purpose of submitting this Act to the voters of the City of Hawkinsville for approval or rejection. The clerk shall set the date of such election for a day not less than 20 nor more than 60 days after the date of the issuance of the call. The clerk shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of the City of Hawkinsville. The ballot shall have printed thereon the words: Referendum. For approval of the Act providing for a mayor and council form of government for the City of Hawkinsville. Against approval of the Act providing for a mayor and council form of government for the City of Hawkinsville. 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 the votes cast on such question are for approval of the Act, then it shall become of full force and effect on the first Wednesday of December, 1957. If less than a majority of the votes cast on such question are 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 Hawkinsville. It shall be the duty of the clerk to hold and conduct such election. It shall be the duty of the clerk to canvass the returns and certify the result of the lection. It shall be his further duty to certify the result thereof to the Secretary of State. Section 15. All laws and parts of laws in conflict with Page 3361 this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1957 session of the General Assembly of Georgia a bill to amend the charter of the City of Hawkinsville so as to provide for a mayor and council form of government, to provide for the election of the mayor and council with terms and compensation, to provide for elections and a procedure connected therewith and for other purposes. This the 15th day of January, 1957. Pete Pettey, Representative, Pulaski County. 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 Dispatch and News, which is the official organ of said county, on the following dates: January 16, 1957; January 23, 1957; January 30, 1957. /s/ Pete Pettey, Representative, Pulaski County Sworn to and subscribed before me this 8th day of February, 1957. /s/ Janette Hirsch, Notary Public, Georgia, State at Large. My Commission Expires October 4, 1960. (Seal). Approved March 19, 1957. Page 3363 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 HARRY P. HALL 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 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 3364 JUDGES, SOLICITORS, AND CALENDAR ALAPAHA CIRCUIT. HON. FOLKS HUXFORD, Judge, Homerville. 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, LUTHER ALVERSON, E. E. ANDREWS, RALPH PHARR, GEORGE P. WHITMAN, SR., JESSE M. WOOD, CLAUDE D. SHAW, DURWOOD T. PYE, J. C. (JEP) TANKSLEY, Judges, Atlanta. PAUL WEBB, Solicitor-General, Atlanta. FultonFirst Mondays in January, March, May, July, September, and November. Page 3365 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. SAM P. BURTZ, Solicitor-General, Canton. CherokeeThird Monday in January; first Monday in May; second Monday in September. FanninFourth Mondays in April and August; first 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 3366 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 Mondays in April and November. CHATTAHOOCHEE CIRCUIT. HONS. HUBERT CALHOUN, J. R. THOMPSON, Judges, 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. ERWIN MITCHELL, Judge, Dalton. RONALD F. CHANCE, Solicitor-General, Calhoun. 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 3367 CLAYTON CIRCUIT. HON. WILLIAM H. REYNOLDS, Judge, Jonesboro. LEE HUTCHESON, Solicitor-General, Jonesboro. ClaytonFirst Mondays in February, May, August and November. 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 3368 DUBLIN CIRCUIT. HON. RUFUS I. STEPHENS, Judge, Dublin. HAROLD E. WARD, 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, B. B. HEERY, Judges, Savannah. ANDREW J. RYAN, Solicitor-General, Savannah. ChathamFirst Mondays in March, June, September 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, Jr., 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 3369 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 3370 MOUNTAIN CIRCUIT. HON. JOHN E. FRANKUM, Judge, Clarkesville. IRWIN R. KIMZEY, Solicitor-General, Clarkesville. HabershamFirst Mondays in March, June and November; second Monday in August. 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 3371 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. JonesFirst Mondays in February and August; third 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 3372 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. MAYLON CLINKSCALES, Judge, Commerce. ALFRED A. QUILLIAN, Solicitor-General, Winder. 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, March, July, and September; and first Mondays in May and November. 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 3373 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; H. O. HUBERT, Jr., Decatur, Judges. RICHARD BELL, Solicitor-General, Decatur. 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 3374 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. EARLE NORMAN, Judge, Washington. 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, June, September, 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. DEWEY HAYES, Solicitor-General, Douglas. 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 3375 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 3376 INDEX TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION. Bleckley County School Superintendent's Election 543 Brooks County Board of Education 509 Carroll County school districts 173 Charlton County Board of Education 175 Disabled veterans' homestead exemption 72 Douglas-Coffee County Industrial Authority 568 Fort Gaines tax for promoting new industries 545 Lyons Development Authority 181 Murray County Board of Education 515 Pike County Board of Education 522 Post Graduate Educational Scholarships 528 Schley County Board of Education 351 Scholarships to University System of Georgia 358 Tax for promoting industries in Charlton County 519 Union County Board of Education 581 MEMORIALS AND REQUESTS TO CONGRESS Aid to growers of flue-cured tobacco 355 Civil Rights LegislationPublic hearings request 33 Fourteenth and Fifteenth Amendments to U. S. Constitution be declared void 348 Impeachment of certain U. S. Supreme Court Justices 553 Memorial to CongressImport of foreign-made goods 54 Memorial to Congress to amend U. S. Constitution, natural resources 360 National Guard Investigation 250 National SecurityTelegram to President 23 Naval Air Station Requested 29 Requesting Congress to establish United States Academy of Foreign Service and Public Affairs 254 CODE SECTIONS. 9-605AmendingAffidavits may be taken by attorneys 495 6-701AmendingWhat causes reviewable 224 6-901AmendingCross-bills of exceptions 224 6-902AmendingCertification of bills of exception 224 6-903AmendingBills of exceptions in particular cases 224 6-906AmendingCertification of bills of exceptions 224 6-1202AmendingEssential parties to bills of exceptions 224 13-1002AmendingBanks, vote of stockholders 501 13-2023AmendingInvestments by banks 275 15-305EnactingJurisdiction over certain highways 319 20-506AmendingAttorneys' fees 264 21-105AmendingSalaries of coroners in counties of not less than 14,900 and not more than 15,190 3248 Page 3377 24-2727AmendingFees of clerks of superior courts 321 24-2728AmendingFees of certain clerks of Superior Courts 320 24-3364AmendingCertification of bills of exceptions 224 24-3406AmendingCosts in divorce cases 405 26-2501AmendingRobbery 261 26-2502AmendingRobbery 261 26-2503AmendingRobbery 261 26-2504EnactingRobbery 261 26-3801AmendingElectrical companies 490 26-3802AmendingGas companies 490 26-3803EnactingWater systems 490 26-3804EnactingSewerage systems 490 26-3805EnactingCommunication systems 490 27-2506AmendingState Board of Corrections 477 30-127AmendingCustody of minor children 412 32-911AmendingVaccination of pupils 455 34-904AmendingCompensation of members of county boards of education 648 34-1303AmendingCompensation of election managers and clerks 218 34-2003, 34-2004, 34-2005RepealedCompaign expenses 34 34-2701AmendingElections of justices of the peace 117 34-2705AmendingElection of constables 102 34-3301, AmendingAbsentee voting 39 38-1604AmendingTestimony of spouses 53 34A-104(1)AmendingElectric membership corporations 604 34A-104(2)AmendingElectric membership corporations 604 34A-118AmendingElectric membership corporations 604 34A-119AmendingElectric membership corporations 604 40-803AmendingArchives and History 496 42-202AmendingAgriculture 10 48-301AmendingGifts of securities to minors. 98 52-9903AmendingDefrauding hotels and boarding houses 335 53-102AmendingPrior marriages 83 56-207AmendingCapital stock of insurance companies 195 56-601AmendingActions against insurance companies 645 56-624, 56-626, 56-645AmendingEmployment security law amended 325 57-104AmendingIndustrial Loan Act 331 59-120AmendingCompensation of jurors 43 61-306AmendingEviction notices 18 67-1403AmendingConditional bills of sale 167 68-201AmendingRegistration of motor vehicles 590 68-202AmendingMotor vehicle registration forms 452 68-9929EnactingMutilating motor vehicle license plates 626 69-201AmendingElected municipal officers 97 70-103AmendingMotion for new trial 224 70-301AmendingMotions for new trial 224 74-107AmendingCustody of minor children 412 Ch. 74-4AmendingAdoptions, consent of parents 367 Page 3378 74-414AmendingAdoption laws 339 80-1011AmendingRequests for admissions 224 84-916AmendingBoard of Medical Examiners 129 84-929EnactingBoard of Medical Examiners 129 84-1304, 84-1305AmendingMembers Pharmacy Board 92 87-802AmendingRevenue certificate law 453 88-105AmendingSalary of Director of Department of Public Health 615 88-110AmendingCompensation of Members of State Board of Health 209 92-1605AmendingState Highway Board 497 92-2902AmendingMotor vehicle licenses 376 92-3002AmendingIncome tax law 397 92-3106(e)AmendingIncome tax law 397 92-3111AmendingIncome tax law 397 92-3112AmendingIncome tax law 397 92-4101-04AmendingTaxationNot applicable to City of Decatur 2093 92-4101AmendingTaxationNot applicable to East Point 310 92-4101, 92-4102, 92-4103, 92-4104AmendingTaxationCity of Douglas 3257 94-321AmendingConstruction and reconstruction of railroad tracks 403 95-1710AmendingSuits against counties 592 99-2103AmendingSocial Security 586 101-205AmendingDistribution of Appellate Court reports 596 101-206AmendingDistribution of journals of the General Assembly 596 101-207AmendingDistribution of Acts of the General Assembly 596 102-103AmendingState Board of Corrections 477 110-113AmendingJudgments notwithstanding the verdict 224 113-2305AmendingAdministrators de bonis non 503 114-716AmendingWorkmen's compensationRecords of employee's injuries 493 COURTS SUPREME COURT Distributions of reports by State Librarian 596 Justices' salaries 205 Rules of practice and procedure amended 224 COURT OF APPEALS Distribution of reports by State Librarian 596 Judges' salaries 205 Rules of practice and procedure amended 224 Page 3379 SUPERIOR COURTS Additional court reporters authorized in circuits having nine or more judges 373 Atlanta Circuit; retirement for assistant solicitors-general 3181 Atlanta Circuit; salaries of solicitor-general and assistant solicitors-general 202 Augusta Circuit; judge's salary 458 Clerks' compensation in counties of not less than 6,700 and not more than 6,740 468 Clerks' fees 321 Clerks' fees in certain counties 320 Clerks to aid solicitors-general in counties of not less than 108,000 and not more than 114,000 384 Cobb Circuit; investigator 163 Colquitt; law books to 3212 Compensation of jurors; Code 59-120 amended 43 Coweta Circuit; reporter's salary 2162 DeKalb; law books to 3206 Dublin Circuit; terms in Twiggs County 484 Eastern Circuit; clerk's salary 463 Eastern Circuit; salary of solicitor-general 14 Fannin; terms 51 Flint Circuit; salary of solicitor-general 16 Fulton; law books to, a resolution 2822 Jones; terms 20 Judge of Superior Court EmeritusQualifications 82 , 486 Judges' salaries 273 Lookout Circuit; salary of solicitor-general 307 McDuffie; terms 40 Macon Circuit; salary of solicitor-general 12 , 37 , 41 , 312 Macon Circuit; reporters' salary 48 Muscogee; clerk's salary 2397 Newton; law books to, a resolution 255 Ogeechee Circuit; salary of solicitor-general 414 Rome Circuit; terms 629 Rules of practice and procedure amended 224 Salaries of assistant solicitors-general in counties of not less than 108,000 and not more than 112,000 3230 Salaries of reporters and bailiffs in counties of not less than 108,000 and not more than 112,000 483 Solicitors-general; salaries in counties of not less than 108,000 and not more than 113,000 444 Southern Circuit; salary of solicitor-general 52 Southwestern Circuit; reporter's salary 9 Southwestern Circuit; salary of solicitor-general 20 Stone Mountain Circuit; judges' salaries 113 Stone Mountain Circuit; reporter's compensation 315 Stone Mountain Circuit; salary of solicitor-general 411 Sumter, clerk's salary 2095 Page 3380 Supplemental compensation to clerks of superior courts of counties of less than 3,000 3302 Tallapoosa Circuit; salary of solicitor-general 599 Taylor; law books 2305 Towns; law books 3192 Twiggs; terms 484 Tattnall; compensation to clerk 3204 Use of photastatic equipment authorized 121 Waycross Circuit; judge's supplemental compensation 409 Western Circuit; salary of solicitor-general 505 Distribution of fines and forfeitures in counties of not less than 12,150 and not more than 12,200 500 CITY COURTS Albany; court reporter 2408 Albany; judge's salary, secretarial help for solicitor 3326 Americus; clerk's salary 2095 Americus; judge's salary 2044 Americus; solicitor's salary 2056 Athens; judge's salary, solicitor's salary 2203 Baxley; comprehensive act 3006 Brunswick; law books 2306 Brunswick; salaries 3129 Claxton; judge's salary 2182 Clerks for solicitors of city courts in counties of not less than 108,000 and not more than 112,000 3044 Colquitt; judge's salary, solicitor's salary 2151 Columbus; ex officio clerk's salary 2397 Columbus; judge's salary 2302 Floyd County; sheriff, terms 3172 Habersham; judge's and solicitor's salaries 2395 Hinesville; judge's salary, solicitor's salary 2145 Lyons; judge's and solicitor's salaries 2675 Macon; service of process 2867 Millen; per diem of clerk and sheriff 2168 Polk; solicitor's salary 2217 Reidsville; compensation to clerk 3204 Reidsville; jedge's compensation; solicitor's compensation 2343 Richmond; judge's and solicitor's salaries 3138 Salaries of assistant solicitors in counties of not less than 108,000 and not more than 112,000 2915 Secretaries to serve judges of city courts in counties of not less than 108,000 and not more than 112,000 3085 Sylvania; salaries of judge and solicitor 2615 Walker; city court established 2561 CIVIL COURTS DeKalb; marshal's sales, reporter, advertising, pension plan, jury summons 3322 Fulton; judge's salaries 2829 Page 3381 CRIMINAL COURTS Fulton; investigators 2406 Fulton; judges' and solicitors' salaries 2251 Fulton; salaries of assistant solicitors-general 2254 Griffin; judge 3259 COUNTY COURTS Echols; judge's compensation 2274 Walker; county court abolished, city court created 2561 JUVENILE COURTS Clarke; judge's salary 2169 Glynn; judge's salary 2224 Judge's salaries in counties of 400,000 or more 3303 Jurisdiction of traffic cases, appeals 617 Names of second offenders to be made public 307 MUNICIPAL COURTS Atlanta; judges' salaries 3184 Augusta; comprehensive act 3057 Columbus; salaries 2388 Savannah; judge's salary 2980 Savannah; bonds; service by mail 2171 COUNTIES AND COUNTY MATTERSNAMED COUNTIES. Appling; land conveyance from State authorized 85 Bacon; commissioners' compensation 2870 Bacon; law books to ordinary 2304 Bacon; superior court judge's compensation 409 Baldwin; Milledgeville-Baldwin County Planning Commission 3275 Baldwin; treasurer 2053 Ben Hill; commission 2571 Bibb; salary paid to solicitor-general of Macon Judicial Circuit 312 Bleckley; school superintendent's election, proposed amendment to the Constitution 543 Brantley; superior court judge's compensation 409 Brooks; board of education, proposed amendment to the Constitution 509 Brooks; clerk of board of commissioners 3269 Brooks; salary of solicitor-general 52 Brooks; tax commissioner's salary 3086 Bulloch; tax commissioner's salary 2242 Burke; salary of judge of superior court 458 Camden; salaries 2307 Carroll; school districts 173 Charlton; superior court judge's compensation 409 Page 3382 Charlton; board of education 175 Charlton; tax for promoting industries, proposed amendment to the Constitution 519 Chatham; coroner's salary 2337 Chatham; pension board 2409 Chatham; salary of clerk of superior court 463 Chatham; Chatham CountySavannah School System 2039 Chatham; sheriff's salary 2358 Chatham; salary of solicitor-general 14 Chatham; tax commissioner's salary 2357 Cherokee; clerk to commissioner 3335 Clarke; salary of solicitor-general 505 Clarke; juvenile court judge's salary 2169 Clayton; salary of ordinary 2228 Clayton; tax commissioner's salary 2775 Clayton; decrease in tax revenue 2192 Cobb; certain contracts authorized 3099 Cobb; fire prevention districts 2065 Cobb; investigator for office of solicitor-general 163 Cobb; location of courthouse and jail 2586 Cobb; new courthouse and jail, bonds 2549 Cobb; parking authority 2744 Cobb; primary elections 2099 Cobb; salaries of commissioner and deputy commissioner 2632 Cobb; salaries of county officers and employees 2740 Cobb; tax commissioner's clerk 2329 Cobb; treasurer's salary 2282 Coffee; clerical aid for ordinary 2393 Coffee; commissioners' compensation 2299 Coffee; Douglas-Coffeee County Industrial Authority, proposed amendment to the Constitution 568 Coffee; superior court judge's compensation 409 Colquitt; salary of solicitor-general 52 Columbia; commissioners' compensation 2148 Columbia; Industrial Development Authority 2891 Columbia; salaries 2153 Columbia; salary of judge of superior court 458 Cook; election of commissioners 3253 Crawford; salary of solicitor-general 12 Crisp; Cordele-Crisp County Planning Commission 2362 Crisp; school system 2066 DeKalb; bond commission 2698 DeKalb; salary of solicitor-general 411 DeKalb; supplement to superior court judges 113 Early; treasurer's salary 2042 Echols; commissioners and clerk 2156 Echols; salary of judge of county court 2274 Echols; salary of solicitor-general 52 Emanuel; tax commissioner's compensation 2226 Floyd; commissioners 3332 Page 3383 Floyd; commissioners' meetings 2240 Floyd; public works employees 2853 Floyd; Rome-Floyd County Planning Commission 2734 Floyd; tax commissioner 2236 Forsyth; commission clerk's salary 3351 Forsyth; planning commission 3143 Franklin; tax commissioner's salary 2521 Franklin; treasurer's salary 2685 Fulton; Board of Education retirement system 2574 2655 Fulton; fire prevention districts 2671 Fulton; judge's and solicitor's-general retirement fund 2425 2558 Fulton; pension funds 2668 Fulton; pension system amended 2840 Fulton; retirement of certain employees 2888 Fulton; water and sewerage systems 2215 Glynn; taxation 2336 Glynn; water and sewerage systems 2656 Grady; commissioners' compensation 3324 Hall; commissioners' meetings 2269 Heard; commissioners 3341 Henry; election of commissioners 2121 Houston; salary of solicitor-general 41 Houston; superior court reporter's salary 48 Irwin; clerk of county commission 2278 Jasper; commissioner's compensation 3018 Johnson, sheriff's compensation 2782 Jones; superior court terms 20 Lamar; tax commissioner's compensation 3123 Laurens; commissioners' salaries 2213 Laurens; treasurer's salary 3051 Liberty; automobile allowance for sheriff 2807 Liberty; land conveyance to Liberty County authorized, a resolution 664 Lowndes; salary of solicitor-general 52 Lowndes; Valdosta-Lowndes County Planning Commission 2502 Lumpkin; ordinary's salary 3117 McDuffie; county treasurer 2770 McDuffie; superior court terms 40 Macon; natural resources 2544 Marion; election of commissioners 2606 Miller; election of commissioners, purchasing agent, etc. 2194 Monroe; commissioners' compensation 3228 Murray; Board of Education, proposed amendment to the Constitution 515 Murray; salary of commissioner 2136 Muscogee; group insurance for employees 2681 Muscogee; pension system amended 2059 Muscogee; salary of ordinary 2767 Muscogee; sheriff's compensation 2266 Muscogee; tax commissioner's compensation 2260 Page 3384 Newton; law books to, a resolution 255 Newton; salary of solicitor-general 411 Peach; salary of solicitor-general 37 Pickens; sheriff's compensation 2280 Pierce; commissioner's compensation 3132 Pierce; superior court judge's compensation 409 Pike; Board of Education, proposed amendment to the Constitution 522 Polk; business licenses 2921 Polk; commission chairman's travel expenses 2584 Polk; county attorney, term and compensation 2763 Putnam; county commissioners, clerk 2130 Richmond; Augusta-Richmond County Stadium Authority 2727 Richmond; forest and mineral products 2412 Richmond; Industrial Development Act 3175 Richmond; salary of judge of superior court 458 Rockdale; commissioner's compensation 2418 Rockdale; salary of solicitor-general 411 Schley; Board of Education, proposed amendment to the Constitution 351 Schley; election of commissioners 2327 Screven; commissioners' salaries, warden 2428 Spalding; clerical help for ordinary 2339 Stewart; county commissioner, deputy commissioner 2765 Sumter; commissioners' salaries 2086 Taliaferro; commissioners' compensation 3217 Taylor; tax commissioner's salary 2761 Terrell; office of tax commissioner created 3337 Thomas; salary of solicitor-general 52 Tift; commissioners' salaries 3233 Toombs; commissioner and commissioner's clerk, salaries 2381 Twiggs; election of commissioners, referendum 3002 Twiggs; superior court terms 484 Union; Board of Education, proposed amendment to the Constitution 581 Walker; commissioner's salary, duties, sales of equipment 2416 Walton; salary of solicitor-general 505 Ware; superior court judge's compensation 409 Warren; salaries of commissioner and commissioner's clerk 2271 Webster; commissioner's salary 2244 Webster; sheriff's compensation 3115 Webster; tax commissioner's salary 2264 Wheeler; commissioner's and clerk's salaries 3000 COUNTIES AND COUNTY MATTERSBY POPULATION Advertising on public rights-of-way in all counties of not less than 120,000 and not more than 150,000 prohibited 3091 Building codes authorized in all counties of not less than 29,000 and not more than 29,100 2816 Page 3385 Clerks to aid solicitors-general in counties of not less than 108,000 and not more than 114,000 384 Clerks for solicitors of city courts in counties of not less than 108,000 and not more than 112,000 3044 Compensation of clerks of superior courts in counties of not less than 6,700 and not more than 6,740 468 Compensation of county treasurer's in counties of 15,200 to 15,900 2212 Compensation of members of boards of education in counties of not less than 14,200 and not more than 14,230 3221 Compensation of members of boards of education in counties of 22,500 to 22,550 2174 Control of fiscal affairs in counties of not less than 31,200 and not more than 33,100 2650 Coroners' fees in counties of not less than 12,150 and not more than 12,200 2618 Custody of vital statistic records in counties of not less than 100,000 and not more than 113,000 2978 Disposition of fines and forfeitures in counties of not less than 11,190 and not more than 12,125 3237 Distribution of fines and forfeitures in counties of not less than 12,150 and not more than 12,200 500 Election hours in counties of 11,725 to 11,875 2160 Expense accounts to commissioners of counties of not less than 15,400 and not more than 15,900 2648 Hours of holding elections in all counties of not less than 31,050 and not more than 33,050 3174 Joint board of tax assessors in counties having within its borders the greater part of a city of 300,000 or more 3303 Joint city-county board of tax appeals in counties having within its borders all or the greater part of a city with a population of 300,000 or more 2924 Law libraries in counties of not less than 108,000 and not more than 114,000 2629 Law libraries provided in counties of not less than 62,850 and not more than 62,950 3299 Mapped streets in counties of more than 300,000 2643 Purchasing agent and clerk authorized in all counties of not less than 108,000 and not more than 113,000 2832 Salaries of assistant solicitors of city courts in counties of not less than 108,000 or not more than 112,000 2915 Salaries of assistant solicitors-general of counties of not less than 108,000 and more than 112,000 3230 Salaries of court reporters and bailiffs in counties of not less than 108,000 and not more than 112,000 483 Salaries in lieu of fees for county officers in counties of not less than 108,000 and not more than 114,000 2618 Salaries of ordinaries in counties of not less than 300,000 2865 Salaries of stenographic reporters in counties having therein a city of not less than 71,000 and not more than 75,000 3092 Page 3386 Secretaries to serve judges of city courts in counties of not less than 108,000 and not more than 112,000 3085 Sheriff's fees in counties of not less than 12,150 and not more than 12,200 3102 Small claim courts in counties of not less than 33,500 and not more than 33,990 2635 Supplemental compensation to clerks of superior courts of counties of less than 3,000 3302 Supplemental salaries to sheriffs in counties of not less than 4,050 and not more than 4,500 2914 Tax collector's commissions in counties of not less than 9,785 and not more than 9,955 3304 Tax commissioners to be ex officio sheriffs in all counties of not less than 22,550 and not more than 22,850 2814 Vital statistic recordscustodian in counties of 31,050 to 33,000 2056 MUNICIPAL CORPORATIONSNAMED CITIES. Acworth; new charter, referendum 3020 Albany; corporate limits, referendum 2595 Alma; system of lights and waterworks 3226 Alpharetta; corporate limits 2661 Athens, charter amended 2033 , 2036 , 2534 Atlanta; airport property in Clayton County 2192 Atlanta; board of education budget commission 2552 Atlanta; charter amended 2720 , 3097 Atlanta; corporate limits 2653 , 2824 Atlanta; group life insurance for employees 3045 Atlanta; municipal court employees 2334 Atlanta; municipal court judges' salaries 3184 Atlanta; salaries of fire department officers 3135 Atlanta; school bonds 2560 Augusta; Augusta-Richmond County Stadium Authority 2727 Augusta; corporate limits 2897 Austell; corporate limits 3112 Bainbridge; corporate limits, mayor and aldermen 2209 Blakely; elections 3110 Bowden; charter amended, name changed 2804 Carlton; hours of holding elections 3125 Carrollton; charter amended 3053 Carrollton; charter amended, elections 2276 Cartersville; school board 2048 Cedartown; charter amended 2185 Cedartown; land conveyance to City of Cedartown authorized, a resolution 531 , 571 Chamblee; charter amended 2677 College Park; charter amended 2247 College Park; corporate limits 2883 , 3167 College Park; elections 2799 Columbus; charter amended 2256 , 3120 Page 3387 Columbus; municipal court, salaries 2388 Columbus; use of voting machines authorized 2283 Cordele; Cordele-Crisp County Planning Commission 2362 Cordele; taxes 2190 Cornelia; charter amended 2321 Cornelia; corporate limits 2610 Covington; salaries 2083 Darien; land conveyance authorized 2667 Dawsonville; charter amended 3093 Decatur; assessment and collection of taxes 2093 Decatur; school taxes 2089 Douglas; assessment of taxes, Code 92-4101, 92-4102, 92-4103, 92-4104 not applicable 3257 Douglas; authority to close street 3048 Douglas; charter amended 3238 Douglas; charter amended, absentee voting 2104 Douglas; charter amended, referendum 2833 Douglas; Douglas-Coffee County Industrial Authority, proposed amendment to the Constitution 568 Douglasville; charter amended 2687 Douglasville; corporate limits, referendum 2358 Duluth; terms of mayor and councilmen 3297 East Dublin; corporate limits 2990 East Point; Code 92-4101 not applicable to 310 East Point; corporate limits 2347 , 2403 , 2826 , 2850 East Point; new charter 2429 East Thomaston; franchises authorized 2112 East Thomaston; street closed 2119 Eastman; charter amended 2230 Fitzgerald; salaries 2124 Fort Gaines; charter amended 2608 Fort Gaines; tax for promoting new industries, proposed amendment to the Constitution 545 Fort Oglethorpe; charter amended 2843 Gainesville; charter amended 2983 Gainesville; wards 3042 Garden City; corporate limits 3088 Gray; power to open and close streets 2160 Griffin; commissioner's, punitive powers 2789 Griffin; corporate limits extended 2351 Griffin; corporate limits, referendum 2809 Griffin; judge of criminal court 3259 Griffin; retirement pensions Act amended 3261 Guyton; charter amended 2047 Hagan; charter amended 2233 Hapeville; repaving and repairing sidewalks, assessments 2783 Hapeville; repavement of streets, assessments 2777 Hartwell; elections 2875 Hawkinsville; charter amended, referendum 3353 Hawkinsville; sale of property to, authorized 513 Page 3388 Hinesville; new charter 2522 Hoboken; hours of holding elections 2127 Hogansville; tax assessors 2391 Jackson; salaries, business licenses, elections 2179 Jasper; corporate limits, referendum 2332 Jasper; name changed 3128 Jasper; terms of councilmen, referendum 2400 Jonesboro; registration of voters 2976 LaFayette; corporate limits 2616 Lawrenceville; ad valorem tax rate 2346 Lawrenceville; corporate limits, referendum 2669 Linwood; charter amended 2419 Lithonia; registration of electors 3242 Louisville; taxes 2114 Lyons; development authority 181 McIntyre; charter amended, referendum 2383 Macon; alley closed 3328 Macon; certain streets abandoned 2857 Macon; charter amended 2916 Macon; corporate limits 2900 Macon; land conveyance confirmed 3266 Macon; pension system 3309 Macon; streets abandoned 3249 Madison; compensation of mayor and aldermen 3165 Marietta; charter amended 3102 Milledgeville; Milledgeville-Baldwin County Planning Commission 3275 Montezuma; charter amended 2861 Montezuma; street closed 3118 Moultrie; absentee voting 2588 Moultrie; charter amended 2579 Moultrie; corporate limits, referendum 2205 , 2994 Nahunta; charter amended 2101 Pine Lake; absentee voting 2925 Port Wentworth incorporated, referendum 2003 Poulan, new charter 2702 Rincon; election and terms of mayor and aldermen 2349 Riverdale; recorder's court 2791 Roberta; charter amended 2220 Rome; corporate limits extended 2317 Rome; corporate limits; wards 3305 Rome; Rome-Floyd County Planning Commission 2734 Roopville; charter amended 2324 Roswell; corporate limits 2663 Savannah; exchange of lands authorized 2664 Savannah; municipal court, service, bonds 2171 Savannah; new pension system 2310 Savannah; Chatham County School System 2039 Smyrna; corporate limits 2540 Snellville; charter amended 3223 Page 3389 Sparta; power to condemn property 2405 Sparta; tax rate, referendum 2341 Springfield; mayor, police court, corporate limits 2138 Spring Place; new charter 3345 Statesboro; corporate limits, referendum 2877 Swainsboro; corporate limits, referendum 3317 Sylvester; corporate limits 2116 Tennille; corporate limits 2797 Thomson; land conveyance to, authorized 190 Uvalda; re-incorporated 2929 Valdosta; Valdosta-Lowndes County Planning Commission 2502 Vienna; qualifications to hold public office 3219 Watkinsville; terms of mayor and councilmen 2134 Waycross; corporate limits 2175 MUNICIPAL CORPORATIONSBY POPULATION. Election of members of executive committees in cities of 200,000 or more 3137 Joint city-county board of tax appeals in counties having within its borders all or the greater part of a city with a population of 300,000 or more 2924 Joint city-county board of tax assessors in counties having within its borders the greater part of a city of 300,000 or more 3303 Mapped streets in cities located in whole or in part in counties of more than 300,000 2643 Pension systems in cities of more than 150,000 3272 Pension systems in cities of 150,000 or more 3331 Pensions to members of fire departments of cities of more than 150,000 by the U. S. census of 1920 2854 Police pension funds in cities of 150,000 or more 3244 Powers of State Highway Board in cities of 5,000 or more 497 Salaries of coroners in counties of not less than 14,900 and not more than 15,190 3248 Salaries of golf professionals in all cities having a population of 300,000 or more 2843 RESOLUTIONS AUTHORIZING COMPENSATION. Compensation to LeRoy Banks 3203 Compensation to William S. Barrett 3205 Compensation to L. K. Bethune 3211 Compensation to Max Cash 3210 Compensation to Cleveland Cooper 3194 Compensation to Dennis Cox 3194 Compensation to Dudley Y. Coyle 3190 Compensation to John B. Crane 3193 Compensation to Judson A. Dye 3188 Compensation to O. A. Ellington 3213 Compensation to Joe E. Goss 528 Page 3390 Compensation to Harrison Griffin 3191 Compensation to Mrs. Ivan Harris 3196 Compensation to Frank Hartness 3215 Compensation to Randall Lee Hattaway 3207 Compensation to Richard F. Hembree, Jr. 3201 Compensation to R. H. Jackson 2821 Compensation to Mrs. Webb Jackson 3188 Compensation to Edward Jones 3215 Compensation to F. J. Jones 3198 Compensation to Lawrence Kelley Joyner 3200 Compensation to John H. Kicklighter 3204 Compensation to George W. LaFray 3202 Compensation to M. V. Parkerson 2202 Compensation to Riley E. Shoemaker 3214 Compensation to The Thornton Company 3187 Compensation to Curtis H. Washington 3196 Compensation to the Weatherly Furniture Company 3197 Compensation to Walter C. Williams 3208 MISCELLANEOUS RESOLUTIONS. Thomas E. Brinson and Doyle Acree relieved as principle and security on appearance bond 3217 Busts of Abraham Baldwin and William Few to be placed in Georgia Hall of Fame 356 Chris Callier Bridge designated 578 Certain sales of Bibles, etc., exempt from sales tax 100 Honorable Roy Chalker, member State Highway Board 6 Dr. Edward Burton Claxton Memorial Bridge designated 353, 549 Dr. Alfred Tennyson Coleman Memorial Bridge designated 540, 585 Commending Atlanta Public School Teachers Association 193 Committee to study need of building for safe storage of State records 550 Easement through property of Georgia Training School for Boys 188 Encouragement to Stone Mountain Confederate Memorial Association 532 Education, Commission on, hearings and investigations 57 Education, Commission on, publication of information 56 Honorable Walter F. George commended 547 Georgia National Guard, obsolete aircraft investigation 30 Pat Haralson Memorial Drive designated 552 Inaugural Parade Float 5 International Trade Mart and International House of New Orleans commended 542 Investigation as to quality control of tomatoes 365 Investigation of retirement funds 533 Joint income tax law study committee created 362 Land conveyance to Appling County authorized 85 Land conveyance to City of Cedartown authorized 531 Land conveyance to City of Cedartown 571 Page 3391 Land conveyance to Fraser Lumber Company authorized 663 Land conveyance to Liberty County authorized 664 Land conveyance to Richmond County 4-H Clubs, Inc. 178 Law books to City Court of Brunswick 2306 Law books to Colquitt Superior Court 3212 Law books to DeKalb Superior Court 3206 Law books to Fulton Superior Court 2822 Law books to Newton County 255 Law books to Ordinary of Bacon County 2304 Law books to Ordinary of Bibb County 2821 Law books to Taylor Superior Court 2305 Law books to Towns Superior Court 3192 Honorable Robert Lee Maynard's accomplishments acknowledged 28 North Georgia CollegeRank of Brigadier General requested for president 84 Nuclear Advisory Commission, creation 60 Parks leased from Federal Government 575 Honorable R. Carter Pittman commended 23 Portraits of Poets Laureate authorized 180 Poultry industry, promotion of 63 Promoting industry in Georgia 55 Radio Station WLFA and Mr. David L. Carlock commended 521 Reconstruction of New Echota authorized 580 Restoration of White House in Augusta authorized 256 Tugaloo H. Risner Memorial Highway and Bridge designated 538 Sale of property in Pulaski County authorized 513 Senoia recreation area 512 Honorable John Marshall Slaton memorial 34 Southern Governors' Conference 4 Southern Regional Education Compact 66 Dr. George M. Sparks commended 576 State Junior College study committee 572 Study of homes for the aged 579 Honorable B. E. Thrasher commended 189 Traffic conditions on Western and Atlantic Railroad 526 United Nations Educational, Scientific and Cultural Organization censured 249 Weyrauch, Brigadier General Paul R., commended 26 Wilson, Charles E., removal from office 31 Page 3392 INDEX A ABSENTEE VOTING Code 34-3301 amended 39 ACREE, DOYLE Thomas E. Brinson and Doyle Acree relieved as principle and security on appearance bond 3217 ACTS OF THE GENERAL ASSEMBLY Distribution of Acts and journals 596 ACWORTH, CITY OF New charter, referendum 3020 ADMINISTRATORS DE BONIS NON Letters dismissory without administration of reversionary interest 503 ADMINISTRATION OF ESTATES Right of adoptive parents to inherit from child 339 ADMINISTRATORS OF ESTATES Hospital authorities may serve as, 116 ADOPTIONS Consent of parents 367 Right of adoptive parents to inherit from child 339 ADVERTISING Advertising on public rights-of-way prohibited in all counties of not less than 120,000 and not more than 150,000 3091 AFFIDAVITS Attorneys not disqualified from taking affidavits of clients 495 AGENTS Insurance agents, licensing 269 Page 3393 AGRICULTURAL DEVELOPMENT ACT Created, purpose 210 AGRICULTURAL PRODUCTS Taxation by municipalities 607 AGRICULTURE Agricultural products defined 7 Aid to growers of flue-cured tobacco, a resolution 355 Appropriation 498 Butter fat tests 628 Commercial feed stuffs 10 Compensation for livestock destroyed in eradicating disease 488 Farmers Market Authority Act amended 3 Investigation as to quality control of tomatoes 365 Office of Commissioner of Agriculture Emeritus created 206 Poultry industry, promotion 63 Request to Congress to increase tariff rates on textiles 537 AID TO THE BLIND ACT Amended 368 AID TO PERMANENTLY DISABLED ACT Amended 368 AID TO DEPENDENT CHILDREN ACT Amended 368 ALBANY, CITY OF Corporate limits, referendum 2595 ALBANY, CITY COURT OF Court reporter 2408 Judge's salary, secretarial help for solicitor 3326 ALIMONY Revision permitted in certain cases 94 ALMA, CITY OF System of lights and waterworks 3226 ALPHARETTA, TOWN OF Corporate limits 2661 Page 3394 AMERICUS, CITY COURT OF Clerk's salary 2095 Judge's salary 2044 Solicitor's salary 2056 APPEARANCE BOND Thomas E. Brinson and Doyle Acree relieved as principle and security on appearance bond 3217 APPELLATE COURT REPORTS Distribution by State Librarian 596 APPLING COUNTY Land conveyance from State authorized 85 APPROPRIATIONS Department of Labor 321 General appropriations Act amended 498 ARCHIVES AND HISTORY Committee to study need for building for safe storage of State records 550 Destruction of obsolete State records 504 Director's qualifications 496 ATHENS, CITY OF Charter amended 2033, 2036, 2534 ATHENS, CITY COURT OF Judge's salary, solicitor's salary 2203 ATLANTA, CITY OF Airport property in Clayton County 2192 Board of Education budget commission 2552 Charter amended 2720, 3097 Corporate limits 2653, 2824 Group life insurance for employees 3045 Municipal Court employees 2334 Municipal court judges' salaries 3184 Salaries of fire department officers 3135 School bonds 2560 Page 3395 ATLANTA JUDICIAL CIRCUIT Retirement for assistant solicitors-general 3181 Salaries of solicitor-general and assistant solicitors-general 202 ATLANTA, MUNICIPAL COURT OF Judges' salaries 3184 ATLANTA PUBLIC SCHOOL TEACHERS ASSOCIATION Commended 193 ATTORNEYS-AT-LAW Not disqualified from taking affidavit of clients 495 Two bar examinations each year 624 ATTORNEY GENERAL Commended 260 Jekyll Island State Park Authority 608 Office of Attorney-General Emeritus created 206 AUDITOR, STATE Jekyll Island State Park Authority 608 AUGUSTA, CITY OF Augusta-Richmond County Stadium Authority 2727 Corporate limits 2897 Augusta Port Authority 74 AUGUSTA JUDICIAL CIRCUIT Judge's salary 458 AUGUSTA, MUNICIPAL COURT OF Comprehensive Act 3057 AUSTELL, CITY OF Corporate limits 3112 B BACON COUNTY Commissioners' compensation 2870 Law Books to Ordinary 2304 Superior Court judge's compensation 409 Page 3396 BAILIFFS Salaries in counties of not less than 108,000 and not more than 112,000 483 BAINBRIDGE, CITY OF Corporate limits, mayor and aldermen 2209 BALDWIN, ABRAHAM Honored, a resolution 356 BALDWIN COUNTY Milledgeville-Baldwin County Planning Commission 3275 Treasurer 2053 BANKING DEPARTMENT Banks authorized to act in fiduciary capacities 278 Investments by State banks 275 BANKS AND BANKING Vote by stockholders 501 BANKS, LeROY Compensation to LeRoy Banks for damages 3203 BAR EXAMINATIONS Two examinations each year 624 BARRATRY Defined, punishment 658 BARRETT, WILLIAM S. Compensation to William S. Barrett for damages 3205 BATTEY STATE HOSPITAL Leave for tuberculosis patients 271 BAXLEY, CITY COURT OF Comprehensive Act 3006 BEN HILL COUNTY Commission 2571 Page 3397 BETHUNE, L. K. Compensation to L. K. Bethune for damages 3211 BIBB COUNTY Law books to ordinary 2821 BILL DRAFTING UNIT Commended 260 BILLS OF SALE Recording of Conditional Bills of Sale 167 BILLS OF SALE TO SECURE DEBTS Attorneys' fees 264 BLAKELY, CITY OF Elections 3110 BLECKLEY COUNTY School superintendent's election, proposed amendment to the Constitution 543 BLUE SKY LAW Georgia Securities Act 134 BOARDING HOUSES Penalty for defrauding 335 BOARDS OF EDUCATION Vaccination of pupils 455 BONDS Farmers Market Authority Act amended 3 Required of circuses and other itinerant shows 406 Revenue Certificate Law, name changed 36 BOND, APPEARANCE Thomas E. Brinson and Doyle Acree relieved as principle and security on appearance bond 3217 BRANTLEY COUNTY Superior court judge's compensation 409 Page 3398 BOWDON, CITY OF Charter amended 2804 BRINSON, THOMAS E. Thomas E. Brinson and Doyle Acree relieved as principle and security on appearance bond 3217 BROOKS COUNTY Board of Education, proposed amendment to the Constitution 509 Clerk of board of commissioners 3269 Salary of solicitor-general 52 Tax commissioner's salary 3086 BRUNSWICK, CITY COURT OF Law books 2306 Salaries 3129 BRUNSWICK PORT AUTHORITY 74 BUILDING CODES Authorized in all counties of not less than 29,000 and not more than 29,100 2816 BULLOCH COUNTY Tax commissioner's salary 2242 BUREAU OF INVESTIGATION Qualifications of employees 647 BURKE COUNTY Salary of judge of superior court 458 BUTTER FAT TESTS Milk and dairy products 628 C CALLIER, CHRIS Chris Callier Bridge designated 578 CAMDEN COUNTY Salaries of ordinary, sheriff, and clerk of superior court 2307 Page 3399 CAMPAIGN EXPENSES Code 34-2003, 34-2004, 34-2005 repealed 34 CAPITOL REPAIRS Appropriation 498 CARLOCK, DAVID L. Commended 521 CARLTON, CITY OF Hours of holding elections 3125 CARROLL COUNTY School Districts, proposed amendment to Constitution 173 CARROLLTON, CITY OF Charter amended 3053 Elections 2276 CARTERSVILLE, CITY OF School board 2048 CASH, MAX Compensation to Max Cash for damages 3210 CEDARTOWN, CITY OF Land conveyance to City of Cedartown authorized, a resolution 531 , 571 CERTIFIED PUBLIC WEIGHERS ACT Amended 374 CHALKER, HONORABLE ROY Member State Highway Board 6 CHAMBLEE, CITY OF Charter amended 2677 CHARLTON COUNTY Board of Education, proposed amendment to the Constitution 175 Page 3400 Superior court judge's compensation 409 Tax for promoting industries, proposed amendment to the Constitution 519 CHATHAM COUNTY Coroner's salary 2337 Pension board 2409 Salary of clerk of superior court 463 Chatham County-Savannah school system 2039 Sheriff's salary 2358 Solicitor-general's salary 14 Tax commissioner's salary 2357 CHEROKEE COUNTY Clerk to commissioner 3335 CIRCUSES Service of Processbonds 406 CITY-COUNTY PLANNING COMMISSIONS Authorized 420 CITY COURTS Secretaries to serve judges of city courts in counties of not less than 108,000 and not more than 112,000 3085 CITY COURT ASSISTANT SOLICITORS Salaries in counties of not less than 108,000 and not more than 112,000 2915 CITY COURT OF ALBANY Court reporter 2408 Judge's salary, secretarial help for solicitor 3326 CITY COURT OF AMERICUS Clerk's salary 2095 Compensation of judge 2044 Solicitor's compensation 2056 Page 3401 CITY COURT OF ATHENS Judge's salary, solicitor's salary 2203 CITY COURT OF BAXLEY Comprehensive Act 3006 CITY COURT OF BRUNSWICK Law books 2306 Salaries 3129 CITY COURT OF CEDARTOWN Charter amended 2185 CITY COURT OF COLQUITT COUNTY Judge's salary, solicitor's salary 2151 CITY COURT OF COLUMBUS Ex officio clerk's salary 2397 Judge's salary 2302 CITY COURT OF CLAXTON Judge's salary 2182 CITY COURT OF FLOYD COUNTY Sheriff, terms of court 3172 CITY COURT OF HABERSHAM COUNTY Judge's and solicitor's salaries 2395 CITY COURT OF HINESVILLE Judge's salary, solicitor's salary 2145 CITY COURT OF LYONS Judge's and solicitor's salaries 2675 CITY COURT OF MACON Service of process 2867 CITY COURT OF MILLEN Per diem of clerk and sheriff 2168 Page 3402 CITY COURT OF POLK COUNTY Solicitor's salary 2217 CITY COURT OF REIDSVILLE Compensation to John H. Kicklighter as clerk 3204 Judge's and solicitor's compensation 2343 CITY COURT OF RICHMOND COUNTY Judge's and solicitor's salaries 3138 CITY COURT OF SYLVANIA Salaries of judge and solicitor 2615 CITY COURT OF WALKER COUNTY Created 2561 CIVIL COURT OF DEKALB COUNTY Marshal's sales, reporter, advertising, pension plan, jury summons 3322 CIVIL COURT OF FULTON COUNTY Judges' salaries 2829 CLARKE COUNTY JUVENILE COURT Judge's salary 2169 CLARKE COUNTY Salary of solicitor-general 505 CLAYTON COUNTY Decrease in tax revenue 2192 Salary of ordinary 2228 Tax commissioner's salary 2775 CLAXTON, CITY COURT OF Judge's salary 2182 CLAXTON, DR. EDWARD BURTON Memorial Bridge designated 353 , 549 Page 3403 CLERKS OF SUPERIOR COURTS. See Names of Counties. Salary in lieu of fees in counties of not less than 108,000 and not more than 114,000 2618 Supplemental compensation to clerks of superior courts of counties of less than 3,000 3302 CIVIL RIGHTS LEGISLATION Public hearings requested, a resolution 33 COBB COUNTY Certain contracts authorized 3099 Fire prevention districts 2065 Investigator to aid solicitor-general 163 Location of courthouse and jail 2586 New courthouse and jail, bonds 2549 Parking Authority 2744 Primary elections 2099 Salaries of commissioner and deputy commissioner 2632 Salaries of county officers and employees 2740 Tax commissioner's clerk 2329 Treasurer's salary 2282 COFFEE COUNTY Clerical aid for ordinary 2393 Commissioners' compensation 2229 Douglas-Coffee County Industrial Authority, proposed amendment to the Constitution 568 Superior court judge's compensation 409 COLEMAN, DR. ALFRED TENNYSON Memorial Bridge designated 540 , 585 COLLEGE PARK, CITY OF Charter amended 2247 Corporate limits 2883 , 3167 Elections 2799 COLQUITT, CITY COURT OF Judge's salary, solicitor's salary 2151 COLQUITT COUNTY Solicitor-general's salary 52 Law books to Colquitt Superior Court, a resolution 3212 Page 3404 COLUMBIA COUNTY Commissioners' compensation 2148 Industrial Development Authority 2891 Salaries of certain officials 2153 Salary of judge of superior court 458 COLUMBUS, CITY COURT OF Ex officio clerk's salary 2397 Judge's salary 2302 COLUMBUS, CITY OF Charter amended 2256 , 3120 Use of voting machines authorized 2283 COLUMBUS, MUNICIPAL COURT OF Salaries 2388 COMMISSION ON EDUCATION Hearings and investigations 57 Publication of information 56 COMMISSION, NUCLEAR ENERGY ADVISORY Created 60 COMMISSIONER OF AGRICULTURE Office of Commissioner of Agriculture Emeritus created 206 COMMISSIONER OF LABOR Compensation 78 Office of Commissioner of Labor Emeritus created 206 COMMISSIONERS, COUNTY See Names of Counties. Expense accounts in counties of not less than 15,400 and not more than 15,900 2648 COMMON CARRIERS Apportionment of fees of common carriers engaged in interstate commerce 653 COMMUNICATION SYSTEMS Penalties for destroying property of public utilities 490 Page 3405 COMPTROLLER GENERAL Industrial Loan Act amended 331 Office of Comptroller General Emeritus created 206 CONDEMNATION Proceedings before a special master 387 CONDITIONAL BILLS OF SALE Recording, Code 67-1403 amended 167 CONSTABLES Elections, Code 34-2705 amended 102 COOK COUNTY Elections of commissioners 3253 COOK, EUGENE Commended 260 COOPER, CLEVELAND Compensation to Cleveland Cooper and Dennis Cox as clerk of Superior Court and Sheriff of Baldwin County 3194 CORDELE, CITY OF Cordele-Crisp County Planning Commission 2362 Taxes 2190 CORNELIA, TOWN OF Charter amended 2321 Corporate limits 2610 CORONERS See Names of Counties. Fees in counties of not less than 12,150 and not more than 12,200 2618 Salaries in counties of not less than 14,900 and not more than 15,190 3248 CORPORATIONS Electric membership corporations 604 License or occupation tax 107 Non-resident, service on 64 Page 3406 COUNTIES See Names of Counties. Service and settlement in action against counties where State Highway Department ultimately liable 590 COUNTY BOARDS OF EDUCATION Compensation 648 COUNTY COMMISSIONERS See Names of Counties. Expense accounts in counties of not less than 15,400 and not more than 15,900 2648 COUNTY COURT OF ECHOLS COUNTY Judges 2274 COUNTY COURT OF WALKER COUNTY Abolished, city court created 2561 COUNTY OFFICERS See Names of Counties. Salaries in lieu of fees in counties of not less than 108,000 and not more than 114,000 2618 COUNTY PLANNING COMMISSIONS Authorized 420 COUNTY TREASURERS See Names of Counties. Compensation in counties of 15,200 to 15,900 2212 Salary in lieu of fees in counties of not less than 108,000 and not more than 114,000 2618 COURT COSTS Deposit required in divorce cases 405 COURT OF APPEALS Judges' salaries 205 Rules of practice and procedure amended 224 COURT REPORTERS See Names of Counties. Additional court reporters authorized in judicial circuits having nine or more judges 373 Salaries in counties of not less than 108,000 and not more than 112,000 483 Page 3407 COVINGTON, CITY OF Charter amended, salaries 2083 COWETA JUDICIAL CIRCUIT Reporter's salary 2162 COX, DENNIS Compensation to Cleveland Cooper and Dennis Cox as Clerk of Superior Court and Sheriff of Baldwin County 3194 COYLE, DUDLEY Y. Compensation to Dudley Y. Coyle for damages 3190 CRANE, JOHN B. Compensation to John B. Crane for damages 3193 CRAWFORD COUNTY Solicitor's-general salary 12 CRIMES Advertising on public rights of way a misdemeanor in all counties of not less than 120,000 and not more than 150,000 3091 Barratry defined, punishment 658 Driving while license suspended 457 Fines in felony cases 477 Robbery defined, punishment 261 Shoplifting defined, punishment 115 CRIMINAL COURT OF FULTON COUNTY Investigators 2406 Judges' and solicitor's salaries 2251 Salaries of assistant solicitors-general 2254 CRISP COUNTY Cordele-Crisp County Planning Commission 2362 School System 2066 CUSTODY OF MINOR CHILDREN Code 30-127, 74-107 amended 412 Page 3408 D DAIRY PRODUCTS Butter fat tests 628 DARIEN, CITY OF Land conveyance authorized 2667 DAWSONVILLE, CITY OF Charter amended 3093 DECATUR, CITY OF Assessment and collection of taxes 2093 School taxes 2089 DECATUR COUNTY PORTS AUTHORITY 74 DEEDS TO SECURE DEBTS Attorneys' fees 264 DEKALB COUNTY Bond Commission 2698 Salary of solicitor-general 411 Supplement to superior court judges 113 DEKALB COUNTY, CIVIL COURT OF Marshal's sales, reporter, advertising, pension plans, jury summons 3322 DEKALB SUPERIOR COURT Law books to, a resolution 3206 DEPARTMENT OF ARCHIVES AND HISTORY Destruction of obsolete State records 504 Director's qualifications 496 Investigation of need for building for safe storage of State records 550 DEPARTMENT OF LABOR Appropriation of funds 321 Page 3409 DEPARTMENT OF PUBLIC SAFETY Bureau of Investigation 647 Complement 103 Director's salary 309 Drivers' licenses 656 Enforcement of Governor's proclamation to prevent violence 44 Veterans' drivers licenses 375 DEPARTMENT OF PUBLIC WELFARE Acts administered by, amended 368 Appropriation 498 DEPARTMENT OF REVENUE License tags for disabled veterans 69 DEPARTMENT OF STATE PARKS Parks leased from Federal Government, a resolution 575 DEPARTMENT OF VETERANS' SERVICE Director's compensation 165 DESTRUCTION OF OBSOLETE STATE RECORDS Procedure 504 DISABLED VETERANS Homestead exemption, proposed amendment to the Constitution 72 DIVORCE Deposit of court costs required 405 Prior marriage, burden of proof Code 53-102 amended 83 Revision of alimony permitted in certain cases 94 DOUGLAS, CITY OF Absentee voting 2104 Assessment of taxes, Code 92-4101, 92-4102, 92-4103, 92-4104 not applicable 3257 Authority to close street 3048 Charter amended 3238 Charter amended, referendum 2833 Douglas-Coffee County Industrial Authority, proposed amendment to the Constitution 568 Page 3410 DOUGLASVILLE, CITY OF Charter amended 2687 Corporate limits, referendum 2358 DRIVERS' LICENSES Driver Responsibility Law amended 124 Driving while license suspended 457 Learners' licenses 103 Motor driven cycles 656 Veterans' drivers licenses 375 DUBLIN JUDICIAL CIRCUIT Terms in Twiggs County 484 DULUTH, TOWN OF Terms of mayor and councilmen 3297 DYE, JUDSON A. Compensation to Judson A. Dye for damages 3188 E EARLY COUNTY Treasurer's salary 2042 EAST DUBLIN, TOWN OF Corporate limits 2990 EAST POINT, CITY OF Code 92-4101 not applicable to East Point 310 Corporate limits 2826 , 2850 Corporate limits extended 2347 , 2403 New charter 2429 EAST THOMASTON, CITY OF Authority to grant franchises 2112 Street closed 2119 EASTERN (GREEK) ORTHODOX CHURCH Included as major religious faith 194 EASTERN JUDICIAL CIRCUIT Clerk's salary 463 Solicitor-general's salary 14 Page 3411 EASTMAN, CITY OF Charter amended 2230 ECHOLS COUNTY Commissioners' elections, clerk 2156 County court, judge's compensation 2274 Salary of solicitor-general 52 EDUCATION Commending Atlanta Public School Teachers Association, a resolution 193 Compensation of members of county boards of education 648 Compulsory school attendance Act amended 168 Minimum Foundation Program Act amended 380 Minimum Foundation Program of Education Act amended 651 Office of State School Superintendent Emeritus created 206 Scholarships to University System of Georgia, proposed amendment to the Constitution 358 Southern Regional Education Compact, amendment 66 State Junior College Study Committee 572 Vaccination of pupils 455 EDUCATION BOARDS OF See Names of Counties and Municipalities . Compensation of members in counties of not less than 14,200 and not more than 14,230 3221 EDUCATION, COMMISSION ON Hearings and investigations 57 Publication of information 56 EDUCATION, VOCATIONAL Subrogation rights 274 EDWARDS, FRANK H. Commended 260 ELECTIONS See Names of Counties and Municipalities . Absentee voting Code 34-3301 amended 39 Appointment of Registrars 385 Campaign expenses, Code 34-2003, 34-2004, 34-2005 repealed 34 Compensation of election managers and clerks 218 Election laws Study Committee 257 Election of Constables, Code 34-2705 amended 102 Hours of holding elections 71 Hours of holding elections in counties of not less than 31,050 and not more than 33,050 3174 Hours of holding elections in counties of 11,725 to 11,875 2160 Page 3412 Justice of the Peace elections, Code 34-2701 amended 117 ELECTRICAL COMPANIES Penalties for destroying property of public utilities 490 ELECTRIC MEMBERSHIP CORPORATIONS Renewal of charters, venue of actions, period of incorporation 604 ELLINGTON, O. A. Compensation to O. A. Ellington for damages 3213 EMANUEL COUNTY Tax commissioner's compensation 2226 EMINENT DOMAIN Condemnation proceedings before special master 387 EMPLOYEES' RETIREMENT SYSTEM ACT Amended 283 , 465 Employees of State Treasury Department 627 Qualifications for retirement 172 Investigation 533 EMPLOYEES' SUGGESTION AWARDS BOARD 336 EMPLOYMENT SECURITY LAW Amended 325 Labor commissioner's compensation 78 ESTATES, ADMINISTRATION Hospital authorities authorized to serve as administrators 116 EVICTION NOTICES Service of Process, Code 61-306 amended 18 EVIDENCE Burden of proof of whether prior marriage dissolved by divorce 83 Testimony of spouses, Code 38-1604 amended 53 EXAMINING BOARDS Medical examiners 129 Pharmacy board 92 State Board of Examiners for Registered Professional Sanitarians 219 Structural Pest Control Act amended 299 Page 3413 EXECUTIVE COMMITTEES Election of members in cities of 200,000 or more 3137 F FACTORS' LIENS Procedure 86 FANNIN SUPERIOR COURT Terms 51 FARMERS MARKET AUTHORITY ACT Amended 3 FEDERAL GOVERNMENT State parks leased from Federal Government; a resolution 575 FEDERAL INTERMEDIATE CREDIT BANKS Investments by State banks 275 FEED Commercial feed stuff, marking 10 FELONIES See Crimes . Fines in felony cases 477 FEW, WILLIAM Honored, a resolution 356 FIDUCIARIES Certain banks authorized to act in fiduciary capacities 278 FINES Disposition of fines and forfeitures in counties of not less than 11,900 and not more than 12,125 3237 FIRE DEPARTMENTS Pension to members of fire departments in cities of more than 150,000 by the U. S. Census of 1920 2854 FIREMEN'S PENSION SYSTEM Amended 323 Page 3414 FITZGERALD, CITY OF Salaries 2124 FLINT JUDICIAL CIRCUIT Salary of solicitor-general 16 FLOYD COUNTY Commissioners 3332 Commissioners' meetings 2240 Public Works employees 2853 Rome-Floyd County Planning Commission 2734 Tax commissioner 2236 FLOYD COUNTY, CITY COURT OF Sheriff, terms of court 3172 FOREIGN BANKS Certain foreign banks authorized to act in fiduciary capacities 278 FOREIGN MADE GOODS Memorial to Congress, importation 54 FOREIGN SERVICE AND PUBLIC AFFAIRS Requesting Congress to establish an Academy, a resolution 254 FORFEITURES Disposition of fines and forfeitures in counties of not less than 11,900 and not more than 12,125 3237 FORRESTERS License renewal fee 169 FORSYTH COUNTY Commission clerk's salary 3351 Planning Commission 3143 FORT GAINES, CITY OF Charter amended 2608 Tax for promoting new industries, proposed amendment to the Constitution 545 Page 3415 FORT OGLETHORPE, TOWN OF Charter amended 2843 FRANKLIN COUNTY Tax commissioner's salary 2521 Treasurer's salary 2685 FRASER LUMBER COMPANY Land conveyance to Fraser Lumber Company authorized, a resolution 663 FULTON COUNTY Board of Education Retirement System 2574 2655 Fire prevention districts 2671 Judges and solicitors-general retirement fund 2425 2558 Law books to superior court 2822 Pension funds 2668 Pension System amended 2840 Retirement of certain employees 2888 Water and Sewerage Systems 2215 FULTON COUNTY, CIVIL COURT OF Judges' salaries 2829 FULTON COUNTY, CRIMINAL COURT OF Investigators 2406 Judges' and solicitor's salaries 2251 Salaries of assistant solicitors'-general 2254 G GAINESVILLE, CITY OF Charter amended 2983 Wards 3042 GAME AND FISH Fresh water game fish 341 Hunting Preserves 295 Spawning female crabs 96 Taking of shrimp 122 Use of gill nets in tidal waters 93 GARDEN CITY, TOWN OF Corporate limits 3088 Page 3416 GAS COMPANIES Penalties for destroying property of public utilities 490 GENERAL APPROPRIATIONS ACT Amended 68 498 GENERAL ASSEMBLY Distribution of Acts and journals 596 Members mileage allowance 68 GEORGE, HONORABLE WALTER F. Commended 547 GEORGIA FORESTRY COMMISSION Code 114-101 not applicable to certain pilots 594 GEORGIA HALL OF FAME Busts of Georgia signers of U. S. Constitution to be placed in Georgia Hall of Fame, a resolution 356 GEORGIA NATIONAL GUARD Obsolete aircraft investigation 30 Investigation 250 GEORGIA PHARMACEUTICAL ASSOCIATION To elect members of State Pharmacy Board 92 GEORGIA TRAINING SCHOOL FOR BOYS Easement through property 188 GEORGIA SECURITIES ACT 134 GEORGIA WATER QUALITY CONTROL ACT 629 GEORGIA WATER RESOURCES COMMISSION Created 264 GEORGIA WATERWAYS COMMISSION ACT Amended 644 GIFTS Securities to minors, Code 48-301 amended 98 Page 3417 GLYNN COUNTY Taxation 2336 Water and sewerage system 2656 GOLF PROFESSIONALS Salaries in cities of more than 300,000 2843 GOSS, JOE E. Compensation to Joe E. Goss for damages 528 GOVERNOR Duty to prevent violence 44 GRACEWOOD Training School for Mental Defective Negro Children, in conjunction with 306 GRADY COUNTY Commissioners' compensation 3324 GRAY, TOWN OF Power to open and close streets 2160 GRIFFIN, CITY OF Commissioner's, punitive powers 2789 Corporate limits extended 2351 Corporate limits, referendum 2809 Judge of Criminal Court 3259 Retirement Pensions Act amended 3261 GRIFFIN, HARRISON Compensation to Harrison Griffin for damages 3191 GUYTON, TOWN OF Charter amended 2047 H HABERSHAM, CITY COURT OF Judge's and solicitor's salaries 2395 HAGAN, CITY OF Charter amended 2233 Page 3418 HALL COUNTY Commissioners' meetings 2269 HARALSON, PAT Memorial Drive designated 552 HAPEVILLE, CITY OF Repairing and repaving sidewalks, assessments 2783 Repavement of streets, assessments 2777 HARRIS, MRS. IVAN Compensation to Mrs. Ivan Harris for damages 3196 HARRISON, G. HUGEL Commended 260 HARTNESS, FRANK Compensation to Frank Hartness for damages 3215 HARTWELL, CITY OF Elections 2875 HATTAWAY, RANDALL LEE Compensation to Randall Lee Hattaway for damages 3207 HAWKINSVILLE, CITY OF Charter amended, referendum 3353 HEALTH Compensation of members of State Board of Health 209 Hospital Authorities Law amended 485 Hospital Care Council created 470 Leave for tuberculosis patients 271 Study of Homes for the Aged 579 Water Quality Control Act 629 Vaccination of students in public schools 455 HEALTH DEPARTMENT Director's salary 615 HEARD COUNTY Commissioners 3341 Page 3419 HEMBREE, RICHARD F., JR. Compensation to Richard F. Hembree, Jr., for damages 3201 HENRY COUNTY Election of commissioners 2121 HIGHWAY BOARD Powers and duties 497 Removal of public utility facilities from highways 660 HIGHWAYS Jurisdiction over civil and criminal cases on certain highways 319 Lumber and logs hauled on public highways 379 HINESVILLE, CITY COURT OF Judge's and solicitor's salaries 2145 HINESVILLE, CITY OF New charter 2522 HISTORICALL COMMISSION Reconstruction of New Echota authorized, a resolution 580 HOBOKEN, CITY OF Hours of holding elections 2127 HOGANSVILLE, CITY OF Tax assessors 2391 HOSPITAL AUTHORITIES Authorized to serve as administrators 116 Act amended 485 HOSPITAL CARE COUNCIL Created 470 HOSPITALS Appropriation 498 HOTELS Penalty for defrauding 335 Page 3420 HOUSTON COUNTY Salary of solicitor-general 41 Superior court reporter's salary 48 HUNTING PRESERVES Authorized 295 HUSBAND AND WIFE Prior marriage, burden of proof, Code 53-102 amended 83 TestimonyCode 38-1604 amended 53 I IDIOTS Ordinaries to serve as custodians of property 170 IMPLIED WARRANTIES By manufacturers of personalty 405 IMPORTATION OF FOREIGN MADE GOODS Memorial to Congress 54 INAUGURAL PARADE FLOAT 5 INCOME TAX Code 92-3002, 92-3106 (e), 92-3111, 92-3112 amended 397 Joint Income Tax Law Study Committee created 362 INDUSTRIAL LOAN ACT Amended 331 INDUSTRY Promotion of Georgia industry, a resolution 55 INNS Penalty for defrauding 335 INSANE PERSONS Ordinaries to serve as custodians of property 170 INSURANCE Code 56-207 amended, capital stock 195 Driver Responsibility Law amended 124 Licensing of agents 269 Page 3421 INSURANCE COMPANIES Actions against insurance companies 645 INTERNATIONAL HOUSE OF NEW ORLEANS Commended 542 INTERNATIONAL TRADE MART Commended 542 INTERSTATE COMMERCE Apportionment of fees of common carriers 653 INTRUDERS Eviction notices, Code 61-306 amended 18 INVESTIGATION OF RETIREMENT FUNDS Authorized 533 IRWIN COUNTY Clerk of board of commissioners 2278 ITINERATE SHOWS Service of process, bonds 406 J JACKSON, CITY OF Salaries, business licenses, elections 2179 JACKSON, R. H. Compensation for damage to automobile 2821 JACKSON, MRS. WEBB Compensation to Mrs. Webb Jackson 3188 JASPER, CITY OF Name changed from Town of Jasper 3128 JASPER COUNTY Commissioners' compensation 3018 Page 3422 JASPER, TOWN OF Corporate limits, referendum 2332 Terms of councilmen, referendum 2400 JEKYLL ISLAND STATE PARK AUTHORITY Amendments 608 JOHNSON COUNTY Sheriff's compensation 2782 JONES, EDWARD Compensation to Edward Jones 3215 JONES, F.J. Compensation to F. J. Jones for damages 3198 JONES SUPERIOR COURT Terms 20 JONESBORO, CITY OF Registration of voters 2976 JOYNER, LAWRENCE KELLEY Compensation to Lawrence Kelly Joyner for damages 3200 JUDGE OF SUPERIOR COURT EMERITUS Qualifications 82 , 486 JUDGEMENTS Revision of permanent alimony judgments permitted in certain cases 94 JUNIOR COLLEGES State Junior College Study Committee 572 JURORS Alternate jurors in certain cases 466 Compensation, Code 59-120 amended 43 JUSTICES OF THE PEACE Elections, Code 34-2701 amended 117 Page 3423 JUVENILE COURTS Judges' salaries in counties of 400,000 or more 3303 Jurisdiction of traffic cases, appeals 617 Names of second offenders to be made public 307 JUVENILE COURT OF CLARKE COUNTY Judge's salary 2169 JUVENILE COURT OF GLYNN COUNTY Judge's salary 2224 K KICKLIGHTER, JOHN H. Compensation to John H. Kicklighter as Clerk of Tattnall Superior Court and as Clerk of City Court of Reidsville 3204 L LABOR DEPARTMENT Appropriation 321 Commissioner's compensation 78 LAFAYETTE, CITY OF Corporate limits 2616 LAFRAY, GEORGE W. Compensation to George W. LaFray for injuries 3202 LAMAR COUNTY Tax commissioner's compensation 3123 LAND CONDEMNATION Proceedings before a special master 387 LAND CONVEYANCES AUTHORIZED See Miscellaneous Resolutions in Tabular Index. LANDLORD AND TENANT Eviction notices, Code 61-306 amended 18 LAURENS COUNTY Compensation of commissioners 2213 Treasurer's salary 3051 Page 3424 LAW LIBRARIES Created in counties of not less than 108,000 and not more than 114,000 2629 Provided in counties of not less than 62,850 and not more than 62,950 3299 LAWRENCEVILLE, CITY OF Ad valorem tax rate 2346 Corporate limits, referendum 2669 LIBERTY COUNTY Automobile allowance for sheriff 2807 Land conveyance to Liberty County authorized, a resolution 664 LIBRARIES Law libraries in counties of not less than 108,000 and not more than 114,000 2629 Law libraries provided in counties of not less than 62,850 and not more than 62,950 3299 LIBRARY, STATE Distribution of Georgia Laws, journals and appellate court reports by State Librarian 596 LICENSE PLATES Motor vehicle 197 Vehicles owned by churches 376 LICENSE TAGS Applications by mail 454 LIENS Factors' Liens, procedure 86 LINWOOD, TOWN OF Charter amended 2419 LITHONIA, CITY OF Registration of electors 3242 LIVESTOCK Compensation for livestock destroyed in eradicating disease 488 Page 3425 LOAN COMPANIES Industrial Loan Act amended 331 LOGS Hauling on public highways 379 Scribner Decimal C Log Rule as standard method to compute board feet of lumber or logs 588 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Salary of solicitor-general 307 LOUISVILLE, CITY OF Taxes 2114 LOWNDES COUNTY Salary of solicitor-general 52 Valdosta-Lowndes County Planning Commission 2502 LUMBER Lumber and logs hauled on public highways 379 Scribner Decimal C Log Rule as standard method to compute board feet of lumber or logs 588 LUMPKIN COUNTY Ordinary's salary 3117 LUNATICS Ordinaries to serve as custodians of property 170 LYONS, CITY COURT OF Judge's and solicitor's salaries 2675 LYONS, CITY OF Development Authority 181 Mc McDUFFIE COUNTY County treasurer 2770 McDUFFIE SUPERIOR COURT Terms 40 McINTYRE, TOWN OF Charter amended, referendum 2383 Page 3426 M MACON, CITY COURT OF Service of process 2867 MACON, CITY OF Alley closed 3328 Certain streets abandoned 2857 Charter amended 2916 Corporate limits 2900 Land conveyance confirmed 3266 Pension system 3309 Streets abandoned 3249 MACON COUNTY Natural resources 2544 MACON JUDICIAL CIRCUIT Reporter's salary 48 Salary of solicitor-general 12 , 37 , 41 , 312 MADISON, CITY OF Compensation of mayor and aldermen 3165 MARIETTA, CITY OF Charter amended 3102 MARION COUNTY Election of commissioners 2606 MARRIAGE Prior marriages, burden of proof, Code 53-102 amended 83 Revision of alimony in certain cases 94 MAJOR RELIGIOUS FAITHS Eastern (Greek) Orthodox Church included 194 MAYNARD, HONORABLE ROBERT LEE Accomplishments acknowledged 28 Page 3427 MEASURE Standard method of computing number of board feet in lumber or logs 588 MEDICAL EXAMINING BOARD Revocation or suspension of licenses, injunction 129 MELTON, DR. WIGHTMAN FLETCHER Portrait authorized 180 MEMORIAL TO CONGRESS Aid to growers of flue-cured tobacco 355 Amendment to U. S. Constitution, natural resources 360 Fourteenth and fifteenth amendments void 348 Import of foreign made goods 54 Tariff rates on textiles 537 MILEAGE ALLOWANCE Members General Assembly 68 MILK COMMISSION Inspections, prices, name 342 MILK AND DAIRY PRODUCTS Butter fat tests 628 MILLEDGEVILLE, CITY OF Milledgeville-Baldwin County Planning Commission 3275 MILLEN, CITY COURT OF Per diem of clerk and sheriff 2168 MILLER COUNTY Election of commissioners, powers, duties, etc. 2194 MINIMUM FOUNDATION PROGRAM OF EDUCATION ACT Amended 380 , 651 MINORS Gifts of securities to minors Code 48-301 amended 98 Ordinaries to serve as custodian of property 170 Page 3428 MONROE COUNTY Commissioner's compensation 3228 MONTEZUMA, CITY OF Charter amended 2861 Street closed 3118 MOTOR VEHICLES Driver responsibility law amended 124 Drivers' licenses 656 Driving while license suspended 457 Learners' licenses 103 License applications by mail 454 License plates 197 License tags for disabled veterans 69 Lumber and logs hauled on public highways 379 Mutilating license plates 626 Non-resident motorists' Act amended 65 Non-resident motorists' Act amended 649 Registration forms 452 Registration of motor vehicles 590 Uniform Act regulating traffic on highways, amended 419 , 616 MOULTRIE, CITY OF Absentee voting 2588 Charter amended 2579 Corporate limits 2205 Corporate limits, referendum 2994 MUNICIPAL CORPORATIONS Elected officers, Code 69-201 amended 97 MUNICIPAL COURT OF ATLANTA Judges' salaries 3184 MUNICIPAL COURT OF AUGUSTA Comprehensive Act 3057 MUNICIPAL COURT OF COLUMBUS Salaries 2388 Page 3429 MUNICIPAL COURT OF SAVANNAH Judge's salary 2980 Service by mail, bonds 2171 MUNICIPALITIES Taxation of agricultural products 607 MURRAY COUNTY Board of Education, proposed amendment to the Constitution 515 Commissioner's salary 2136 MUSCOGEE COUNTY Group insurance for employees 2681 Pension system amended 2059 Salary of clerk of superior court, ex-officio clerk of City Court of Columbus 2397 Salary of ordinary 2767 Sheriff's compensation 2266 Tax commissioner's compensation 2260 N NAHUNTA, CITY OF Charter amended 2101 NATIONAL GUARD National Guard investigation 30 , 250 NATIONAL SECURITY Telegram to President 23 NATURAL RESOURCES Georgia Water Resources Commission Act 264 Memorial to Congress to amend U. S. Constitution 360 NAVAL AIR STATION Requested 29 NEAL, ERNEST Portrait authorized 180 NEW ECHOTA Reconstruction authorized, a resolution 580 Page 3430 NEWTON COUNTY Law books to Newton County 255 Salary of solicitor-general 411 NON COMPOS MENTIS Ordinaries to serve as custodians of persons non compos mentis 170 NON-RESIDENT MOTORISTS' ACT Amended 65 , 649 NON-RESIDENTS Service on non-resident corporations 64 NORTH GEORGIA COLLEGE Rank of brigadier general for president requested 84 NUCLEAR ADVISORY COMMISSION Created 60 O OGEECHEE JUDICIAL CIRCUIT Salary of solicitor-general 412 OLD AGE ASSISTANCE ACT Amended 368 ORDINARIES See Names of Counties. Custodians of property of certain persons 170 Salaries in counties of not less than 300,000 2865 Salary in lieu of fees in counties of not less than 108,000 and not more than 114,000 2618 Sanity hearings 110 P PARENT AND CHILD Right of adoptive parents to inherit from child 339 Custody of minor children 412 Consent of parents to adoption 367 Uniform Reciprocal Enforcement of Support Act amended 291 PARKERSON, M. V. Compensation to M. V. Parkerson 2202 Page 3431 PARKS DEPARTMENT Director, member Jekyll Island State Park Authority 608 Parks leased from Federal Government, a resolution 575 PEACE OFFICERS' ANNUITY AND BENEFIT FUND Investigation 533 PEACH COUNTY Salary of solicitor-general 37 PENSIONS Emeritus offices created 206 Firemen's pension system amended 323 Police pension funds in cities of 150,000 or more 3244 Pension systems in cities of more than 150,000 3272 Pension systems in cities of 150,000 or more 3331 Teachers' Retirement System Act amended 8 , 118 , 462 , 508 PERSONAL PROPERTY Implied warranty of manufacturer 405 PEST CONTROL Structural Pest Control Act amended 299 PHARMACY BOARD Members, Code 84-1304, 84-1305 amended 92 PHOTOSTATIC EQUIPMENT Use by superior court clerks authorized 121 PHYSICIANS Medical Examining Board 129 PICKENS COUNTY Sheriff's compensation 2280 PIERCE COUNTY Commissioner's compensation 3132 Superior court judge's compensation 409 PIKE COUNTY Board of Education, proposed amendment to the Constitution 522 Page 3432 PINE LAKE, CITY OF Absentee voting 2925 PITTMAN, HONORABLE R. CARTER Commended 23 PLANNING COMMISSIONS Act authorizing planning commissions 420 State Planning Commission created 446 POETS LAUREATE Portraits authorized 180 POLK, CITY COURT OF Solicitor's salary 2217 POLK COUNTY Business licenses 2921 Commission chairman's travel expenses 2584 County attorney, term and compensation 2763 PORT AUTHORITIES Brunswick, Decatur County, Augusta, Savannah 74 PORT WENTWORTH Incorporated 2003 PORTRAITS OF POETS LAUREATE Authorized 180 POST GRADUATE EDUCATIONAL SCHOLARSHIPS Proposed amendment to the Constitution 528 POULAN, CITY OF New charter 2702 POULTRY INDUSTRY Promotion 63 Page 3433 PRACTICE AND PROCEDURE Actions against insurance companies 645 Alternate jurors in certain cases 466 Burden of proof, prior marriage dissolved by divorce 83 Condemnation proceedings before a special master 387 Deposit of costs in divorce cases 405 Factors' liens, procedure 86 Non-resident Motorists' Act amended 65 , 649 Rules of practice and procedure amended 224 Sanity, restoration 110 Service of process, bonds of circuses and other itinerant shows 406 Service, and settlement in cases against counties where State Highway Department ultimately liable 590 Tax executions 619 PRIMARY ELECTIONS Hours of holding elections 71 PROCESS Service on circuses and other itinerant shows 406 PROMOTING INDUSTRY IN GEORGIA 55 PROPERTY OF PUBLIC UTILITIES Penalties for destroying 490 PUBLIC HEALTH Hospital Authorities Law amended 485 Hospital Care Council created 470 Water Quality Control Act 629 Study of homes for the aged, a resolution 579 Vaccination of students in public schools 455 PUBLIC HEALTH DEPARTMENT Director's salary 615 PUBLIC SAFETY Bureau of Investigation 647 Drivers' licenses 656 Veterans' drivers licenses 375 Complement 103 PUBLIC SAFETY DEPARTMENT Director's salary 309 Page 3434 PUBLIC SERVICE COMMISSION Construction and reconstruction of railroad tracks 403 Office of Public Service Commissioner Emeritus created 206 Public Service Commission, Chairman member Jekyll Island State Park Authority 608 PUBLIC UTILITIES Penalties for destroying property of public utilities 490 Removal of facilities from highways 660 PUBLIC WEIGHERS Certified Public Weighers Act amended 374 PUBLIC WELFARE Acts administered by Department of Public Welfare amended 368 Study of homes for the aged, a resolution 579 Training School for Mental Defective Negro children 306 PURCHASING AGENTS See Names of Counties. In all counties of not less than 108,000 and not more than 113,000 2832 PUTNAM COUNTY Commissioner's salary, clerk 2130 R RADIO STATION WLFA Commended 521 RAILROADS Construction and reconstruction of tracks 403 RECORDING EQUIPMENT Authorized in judicial circuits having nine or more judges 373 RECORDS Destruction of obsolete State records 504 State Board of Workmen's Compensation authorized to destroy obsolete records 374 Use of photostatic equipment by clerks of superior courts authorized 121 Page 3435 REGISTRARS See Names of Counties. Appointment by judges of superior courts 385 REHABILITATION, VOCATIONAL Subrogation rights 274 REIDSVILLE, CITY COURT OF Compensation to John H. Kicklighter as clerk 3204 Judge's and solicitor's compensation 2343 REPORTER, STENOGRAPHIC See Names of Counties and Courts Salaries in counties having therein a city of not less than 71,000 and not more than 75,000 3092 RESTAURANTS Penalty for defrauding 335 RETIREMENT See Names of Counties and Municipalities Emeritus offices created 206 Employees of State Treasury Department 627 Employees' Retirement System Act amended 283 , 465 Investigation of retirement funds 533 Office of Director Emeritus, State Board of Workmen's Compensation created 215 Pension systems in cities of 150,000 or more 3331 Social Security coverage for certain employees 586 Teachers' Retirement System Act amended 8 , 118 , 462 , 508 REVENUE BOND LAW Amended 410 , 453 Revenue-Certificate law amended, name changed 36 RICHMOND COUNTY Augusta-Richmond County Stadium Authority 2727 Forest and Mineral Products 2412 Industrial Development Act 3175 Salary of judge of superior court 458 RICHMOND COUNTY, CITY COURT OF Judge's and solicitor's salaries 3138 Page 3436 RICHMOND COUNTY 4-H CLUBS, INC. Land conveyance to, authorized 178 RIGHTS-OF-WAY Advertising on rights of way prohibited in all counties of not less than 120,000 and not more than 150,000 3091 RINCON, TOWN OF Election and terms of mayor and aldermen 2349 RISNER, TUGALOO H. Memorial highway and bridge designated 538 RIVERDALE, CITY OF Recorder's court 2791 ROBBERY Defined, punishment 261 ROBERTA, CITY OF Charter amended 2220 ROCKDALE COUNTY Commissioner's compensation 2418 Salary of solicitor-general 411 ROME, CITY OF Corporate limits extended 2317 Corporate limits, wards 3305 Rome-Floyd County Planning Commission 2734 ROME JUDICIAL CIRCUIT Terms 629 ROOPVILLE, TOWN OF Charter amended 2324 ROSWELL, CITY OF corporate limits 2663 RURAL ELECTRIFICATION Electric membership corporations 604 Page 3437 S SALES Implied warranty of manufacturers of personal property 405 Recording of conditional bills of sale, Code 67-1403 amended 167 SALES AND USE TAX Bibles, etc., exempted in certain cases 100 SANITARIANS State Board of Examiners for Registered Professional Sanitarians 219 SANITY Restoration 110 SAVANNAH, CITY OF Exchange of lands authorized 2664 New pension system 2310 Savannah-Chatham County, school system 2039 SAVANNAH, MUNICIPAL COURT OF Bonds, service by mail 2171 Judge's salary 2980 Savannah Port Authority 74 SCHLEY COUNTY Board of Education, proposed amendment to the Constitution 351 Election of commissioners 2327 SCHOLARSHIPS Post Graduate Educational Scholarships, proposed amendment to the Constitution 528 Scholarships to University System of Georgia, proposed amendment to the Constitution 358 SCHOOL ATTENDANCE Compulsory school attendance Act amended 168 SCHOOLS Southern Regional Education Compact, amendment 66 Page 3438 SCREVEN COUNTY Commissioners' salaries, employment of warden 2428 SCRIBNER DECIMAL C LOG RULE Standard method to compute board feet in lumber or logs 588 SECRETARY OF DEFENSE Charles E. Wilson, removal from office 31 SECRETARY OF STATE Committee to study need for building for safe storage of State records 550 Filing of Governor's Proclamation to prevent violence 44 Jekyll Island State Park Authority 608 Non-resident Motorists' Act amended 65 Office of Secretary of State Emeritus created 206 Service on non-resident corporations 64 SECURITIES Georgia Securities Act 134 Gifts of Securities to Minors, Code 48-301 amended 98 SECURITY DEEDS Attorney's fees 264 SENOIA RECREATION AREA 512 SERVICE OF PROCESS Circuses and other itinerant shows 406 Eviction notices. Code 61-306 amended 18 Non-Resident Motorists' Act amended 65 Service on non-residents incurring tax liabilities 654 SEWERAGE SYSTEMS Penalties for destroying property of public utilities 490 SHERIFFS See Names of Counties . Enforcement of Governor's Proclamations to prevent violence 44 Fees in counties of not less than 12,150 and not more than 12,200 3102 Registration of deputy sheriffs 224 Salary in lieu of fees in counties of not less than 108,000 and not more than 114,000 2618 Supplemental salaries in all counties of not less than 4,050 and not more than 4,500 2914 Tax commissioners to be ex-officio sheriffs in all counties of not less than 22,550 and not more than 22,850 2814 Page 3439 SHOEMAKER, RILEY E. Compensation to Riley E. Shoemaker for damages 3214 SHOPLIFTING Defined, punishment 115 SHRIMP Taking prohibited in certain cases 122 SLATON, HONORABLE JOHN MARSHALL Memorial 34 SMALL CLAIMS COURTS Created in counties of not less than 33,500 and not more than 33,990 2635 SMYRNA, CITY OF Corporate limits 2540 SNELLVILLE, TOWN OF Charter amended 3223 SOCIAL SECURITY Social Security coverage for certain employees 586 SOLICITORS-GENERAL See Names of Counties and Circuits Clerks to aid solicitors-general in counties of not less than 108,000 and not more than 114,000 384 Salaries in counties of not less than 108,000 and not more than 113,000 444 SOLICITORS-GENERAL, ASSISTANTS Salaries in counties of not less than 108,000 and not more than 112,000 3230 SOUTHERN GOVERNORS' CONFERENCE 4 SOUTHERN JUDICIAL CIRCUIT Salary of solicitor-general 52 SOUTHERN REGIONAL EDUCATION COMPACT Members 66 Page 3440 SOUTHWESTERN JUDICIAL CIRCUIT Court reporter's salary 9 Salary of solicitor-general 20 SPALDING COUNTY Clerical help for ordinary 2339 SPARKS, DR. GEORGE M. Commended 576 SPARTA, CITY OF Power to condemn property 2405 Tax rate, referendum 2341 SPRING PLACE, CITY OF New charter 3345 SPRINGFIELD, CITY OF Corporate limits, mayor, police court 2138 STANTON, FRANK LEBBY Portrait authorized 180 STATE AUDITOR Jekyll Island State Park Authority 608 STATE BANKING DEPARTMENT Investment by banks 275 STATE BOARD OF CORRECTIONS Code 27-2506, 102-103 amended 477 STATE BOARD OF HEALTH Compensation of members 209 Leave for tuberculosis patients 271 Water Quality Control Act 629 STATE BOARD OF VOCATIONAL EDUCATION Subrogation rights in some cases 274 Page 3441 STATE BOARD OF WORKMEN'S COMPENSATION Office of Director Emeritus created 215 Records of employee's injuries 493 STATE EMPLOYEES See Employees, Teachers . Awards Board 336 STATE HIGHWAY BOARD Appropriations 498 Honorable Roy Chalker, member 6 Power and duties 497 STATE HIGHWAY DEPARTMENT Actions against counties for which State Highway Department ultimately liable 590 Contracts, a resolution 535 Removal of public utility facilities from highways 660 STATE LIBRARIAN Distribution of laws, journals and court reports 596 STATE MILITIA Enforcement of Governor's Proclamation to prevent violence 44 Rank of Brigadier General requested for president of North Georgia College 84 STATE OFFICIALS Uniform salaries 79 STATE PARKS Jekyll Island State Park Authority 608 STATE PATROL Complement 103 Salary of Director of Department of Public Safety 309 STATE PHARMACY BOARD Members, Code 84-1304, 84-1305 amended 92 STATE PLANNING COMMISSION Created 446 Page 3442 STATE RECORDS Investigation of need for building for safe storage of State records 550 STATE TREASURY DEPARTMENT Retirement of employees 627 STATESBORO, CITY OF Corporate limits, referendum 2877 STENOGRAPHIC REPORTER See Names of Courts. Salaries in counties having therein a city of not less than 71,000 and not more than 75,000 3092 STEWART COUNTY County commissioner, deputy commissioner 2765 STONE MOUNTAIN CONFEDERATE MEMORIAL ASSOCIATION Encouraged 532 STONE MOUNTAIN JUDICIAL CIRCUIT Judges' salaries 113 Reporter's salary 315 Salary of solicitor-general 411 STREETS Mapped streets in counties of more than 300,000 2643 STRUCTURAL PEST CONTROL ACT Amended 299 SUMTER COUNTY Clerk of superior and city courts 2095 Commissioners' salaries 2086 SUMTER SUPERIOR COURT Clerk's salary 2095 SUPERIOR COURTS See Names of Courts. Clerk's compensation in counties of not less than 6,700 and not more than 6,740 468 Clerk's fees 321 Clerks' fees in certain counties 320 Distribution of fines and forfeitures in counties of not less than 12,150 and not more than 12,200 500 Page 3443 Judges Emeritus, qualifications 82 , 486 Judges' salaries 273 Reporter's compensation, Stone Mountain Judicial Circuit 315 Salary of solicitor-general of Lookout Mountain Circuit 307 Salary of solicitor-general Macon Judicial Circuit 12 , 37 , 41 , 312 Salary of solicitor-general, Western Judicial Circuit 505 Solicitors-general, salaries in counties of not less than 108,000 and not more than 113,000 444 Terms in Rome Judicial Circuit 629 SUPERIOR COURT CLERKS See Names of Counties. Supplemental compensation to clerks of superior courts of counties of less than 3,000 3302 SUPREME COURT Justices' salaries 205 Rules of practice and procedure amended 224 SUPREME COURT OF THE UNITED STATES Impeachment of certain justices 553 SWAINSBORO, CITY OF Corporate limits, referendum 3317 SYLVANIA, CITY COURT OF Salaries of judge and solicitor 2615 SYLVESTER, CITY OF Corporate limits 2116 T TALIAFERRO COUNTY Commissioners' compensation 3217 TALLAPOOSA JUDICIAL CIRCUIT Salary of solicitor-general 599 TARIFFS Request to Congress to increase tariff rates on textiles 537 Page 3444 TATTNALL SUPERIOR COURT Compensation to John H. Kicklighter as clerk 3204 TAX ASSESSORS See Names of Counties and Municipalities. Joint Board of City-County Tax Assessors in counties having within its borders the greater part of a city of 300,000 or more 3303 TAX COLLECTORS See Names of Counties and Municipalities. Tax collector's commissions in counties of not less than 9,785 and not more than 9,955 3304 TAX COMMISSIONERS See Names of Counties and Municipalities. To be ex-officio sheriffs in all counties of not less than 22,550 and not more than 22,850 2814 Salary in lieu of fees in counties of not less than 108,000 and not more than 114,000 2618 TAX EXECUTIONS Procedure 619 TAXATION Apportionment of fees of common carriers engaged in interstate commerce 653 Certain sales of Bibles, etc., exempt from sales tax 100 Code 92-4101, 92-4102, 92-4103, 92-4104 not applicable to City of Douglas 3257 Corporation license or occupation tax 107 Homestead exemption for disabled veterans, proposed amendment to the Constitution 72 Income tax law amended 397 Joint income tax law study committee created 362 Joint city-county board of tax appeals in counties having within its borders all, or the greater part of, a city with a population of 300,000 or more 2924 Joint board of tax assessors in counties having within its borders the greater part of a city of 300,000 or more 3303 License tags for disabled veterans 69 Motor vehicle license applications by mail 454 Motor vehicle registration forms 452 Registration of motor vehicles 590 Service on certain non-residents 654 Tax collectors' commissions in counties of not less than 9,785 and not more than 9,955 3304 Taxation of agricultural products by municipalities 607 Tax executions 619 Vehicles owned by churches 376 Page 3445 TAYLOR COUNTY Law books to superior court 2305 Tax commissioner's salary 2761 TEACHERS' RETIREMENT FUND Investigation 533 TEACHER'S RETIREMENT SYSTEM Amended 8 , 462 , 508 Certain librarians included 118 TELEPHONE COMPANIES Penalties for destroying property of public utilities 490 TENNILLE, CITY OF Corporate limits 2797 TERRELL COUNTY Office of tax commissioner created 3337 TEXTILES Request to Congress to increase tariff rates on textiles 537 THOMAS COUNTY Salary of solicitor-general 52 THORNTON COMPANY Compensation to the Thornton Company for damages 3187 THRASHER, HONORABLE B. E. Commended 189 TIDAL WATERS Use of gill nets 93 TIFT COUNTY Salaries of commissioners 3233 TOBACCO Aid to growers of flue-cured tobacco, a resolution 355 Page 3446 TOMATOES Investigation as to quality control 365 TOOMBS COUNTY Commissioner and commissioner's clerk, salaries 2381 TOWNS SUPERIOR COURT Law books to Towns Superior Court 3192 TRAINING SCHOOL FOR MENTAL DEFECTIVE NEGRO CHILDREN 306 TRAVELING EXPENSES Members General Assembly 68 TREASURER Office of State Treasurer Emeritus created 206 TREASURY DEPARTMENT Retirement of employees 627 TUBERCULOSIS Leave for patients 271 TWIGGS COUNTY Election of commissioners, referendum 3002 Superior court terms 484 U UNEMPLOYMENT COMPENSATION LAW Amended 325 UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended 419 UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT Amended 291 UNION COUNTY: Board of Education, proposed amendment to the Constitution 581 Page 3447 UNITED STATES ACADEMY OF FOREIGN SERVICE AND PUBLIC AFFAIRS Requesting Congress to establish, a resolution 254 UNITED STATES CONGRESS Memorial to declare fourteenth and fifteenth amendments void 348 UNITED STATES CONSTITUTION Georgia signers of U. S. Constitution honored 356 Memorial to Congress to amend, natural resources 360 UNITED STATES EDUCATIONAL, SCIENTIFIC AND CULTURAL ORGANIZATION Censured 249 UNITED STATES SUPREME COURT Impeachment of certain justices, a resolution 553 UNIVERSITY SYSTEM OF GEORGIA Scholarships, Constitutional amendment 358 UVALDA, TOWN OF Re-incorporated 2929 V VALDOSTA, CITY OF Valdosta-Lowndes County Planning Commission 2502 VETERANS Automobile license tags for disabled veterans 69 Homestead exemption for disabled veterans, proposed amendments to the Constitution 72 VIENNA, CITY OF Qualifications to hold public office 3219 VITAL STATISTICS Custody of records in counties of not less than 100,000 and not more than 113,000 2978 Custody of records in counties of 31,050 to 33,000 2056 VOCATIONAL REHABILITATION Subrogation rights 274 Page 3448 W WALKER COUNTY, CITY COURT OF Created 2561 WALKER, COUNTY COURT OF Abolished, city court created 2561 WALKER COUNTY Commissioner's salary, county equipment 2416 County court abolished, city court created 2561 WALTON COUNTY Salary of solicitor-general 505 WARE COUNTY Superior court judge's compensation 409 WARRANTY Implied warranty of manufacturer of personalty 405 WARREN COUNTY Salaries of commissioner and commissioner's clerk 2271 WASHINGTON, CURTIS H. Compensation to Curtis H. Washington for damages 3196 WATER QUALITY CONTROL ACT 629 WATER RESOURCES COMMISSION Created 264 WATER SYSTEMS Penalties for destroying property of public utilities 490 WATERWAYS Georgia Waterways Commission Act amended 644 WATKINSVILLE, TOWN OF Terms of mayor and councilmen 2134 Page 3449 WAYCROSS JUDICIAL CIRCUIT Judge's supplemental compensation 409 WAYCROSS, CITY OF Corporate limits 2175 WEATHERLY FURNITURE COMPANY, THE Compensation to the Weatherly Furniture Company for damages 3197 WEBSTER COUNTY Commissioner's salary 2244 Sheriff's compensation 3115 Tax commissioner's salary 2264 WEIGHERS Certified Public Weighers Act amended 374 WELFARE DEPARTMENT Acts administered, Department of Public Welfare amended 368 Appropriation 498 Study of homes for the aged, a resolution 579 WESTERN AND ATLANTIC RAILROAD Traffic conditions 526 WESTERN JUDICIAL CIRCUIT Salary of solicitor-general 505 WEYRAUCH, BRIGADIER GENERAL PAUL R. Commended 26 WHEELER COUNTY Commissioner's and clerk's salaries 3000 WHITE HOUSE IN AUGUSTA Restoration authorized, a resolution 256 WILLIAMS, WALTER C. Compensation to Walter C. Williams for damages 3208 Page 3450 WILLS AND ADMINISTRATION OF ESTATES Administrators de bonis non 503 WILSON, CHARLES E., Removal from office 31 WLFA, RADIO STATION Commended 521 WORKMEN'S COMPENSATION Code 114-101 not applicable to certain pilots flying for Forestry Commission 594 Office of Director Emeritus created 215 Records of employee's injuries 493 State Board of Workmen's Compensation authorized to destroy obsolete records 374 Page 3451 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 Page 3454 POPULATION NUMERICALLY LISTED ACCORDING TO 1950 CENSUS Counties Population Echols 2,494 Quitman 3,015 Glascock 3,579 Long 3,598 Dawson 3,712 Schley 4,036 Webster 4,081 Taliaferro 4,515 Towns 4,803 Charlton 4,821 Lanier 5,151 Clay 5,844 White 5,951 Baker 5,952 Bryan 5,965 Clinch 6,007 McIntosh 6,008 Crawford 6,080 Brantley 6,387 Lincoln 6,462 Marion 6,521 Treutlen 6,522 Lumpkin 6,574 Evans 6,653 Lee 6,674 Wheeler 6,712 Banks 6,935 Heard 6,975 Oconee 7,009 Union 7,318 Camden 7,322 Atkinson 7,362 Dade 7,364 Rabun 7,424 Jasper 7,473 Jones 7,538 Talbot 7,687 Putnam 7,731 Montgomery 7,901 Seminole 7,904 Fayette 7,978 Candler 8,063 Twiggs 8,308 Liberty 8,444 Pike 8,459 Rockdale 8,464 Calhoun 8,578 Warren 8,779 Pulaski 8,808 Pickens 8,855 Bacon 8,940 Miller 9,023 Butts 9,079 Taylor 9,113 Effingham 9,133 Stewart 9,194 Bleckley 9,218 Jeff Davis 9,299 Columbia 9,525 Wilkinson 9,781 Johnson 9,893 Oglethorpo 9,958 Gilmer 9,963 Wilcox 10,167 Lamar 10,242 Jenkins 10,264 Turner 10,479 Monroe 10,523 Murray 10,676 Forsyth 11,005 Hancock 11,052 Pierce 11,112 Harris 11,265 McDuffie 11,443 Peach 11,705 Paulding 11,752 Morgan 11,899 Irwin 11,973 Chattahoochee 12,149 Douglas 12,173 Cook 12,201 Madison 12,238 Wilkes 12,388 Greene 12,843 Barrow 13,115 Telfair 13,221 Randolph 13,804 Berrien 13,966 Appling 14,003 Dooly 14,159 Macon 14,213 Wayne 14,248 Terrell 14,314 Franklin 14,446 Hart 14,495 Haralson 14,663 Ben Hill 14,879 Catoosa 15,146 Fannin 15,192 Henry 15,857 Tattnall 15,939 Habersham 16,553 Stephens 16,647 Toombs 17,382 Early 17,413 Crisp 17,663 Dodge 17,865 Screven 18,000 Brooks 18,169 Elbert 18,585 Jefferson 18,855 Gordon 18,922 Grady 18,928 Jackson 18,997 Worth 19,357 Emanuel 19,789 Newton 20,185 Walton 20,230 Cherokee 20,750 Houston 20,964 Washington 21,012 Meriwether 21,055 Chattooga 21,197 Mitchell 22,528 Tift 22,645 Clayton 22,872 Burke 23,458 Decatur 23,620 Coffee 23,961 Sumter 24,208 Bulloch 24,740 Upson 25,078 Bartow 27,370 Coweta 27,786 Glynn 29,046 Baldwin 29,706 Ware 30,289 Polk 30,976 Spalding 31,045 Gwinnett 32,320 Laurens 33,123 Thomas 33,932 Colquitt 33,999 Carroll 34,112 Whitfield 34,432 Lowndes 35,211 Clarke 36,550 Walker 38,198 Hall 40,113 Dougherty 43,617 Troup 49,841 Cobb 61,830 Floyd 62,899 Richmond 108,876 Bibb 114,079 Muscogee 118,028 DeKalb 136,395 Chatham 151,481 Fulton 473,572 Page 3456 MEMBERS OF THE SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND POST OFFICES, FOR THE TERM 1957-1958 Senators District Post Office Adams, Wallace 15th Glenwood Bentley, Fred D., Sr. 39th Marietta Brannen, Clint B. 14th Unadilla Brown, Arthur D. 19th Sharon Brown, Charlie 52nd Atlanta Butts, Leon E., Jr. 12th Lumpkin Coker, Robert E. 44th LaFayette Cook, Bobby Lee 42nd Summerville Cox, Julian H. 50th Athens Crawford, Ralph L. 1st Savannah Deen, H. Dorsey 46th Rt. 4, Alma Drinkard, John P. 29th Lincolnton Edenfield, M. 2nd Darien Edge, Dr. H. M. 40th Blairsville Ellard, Glenn W. 31st Cornelia Foster, E. Alvin 26th Forest Park Garrett, Charles 53rd Rt. 3, Nashville Gill, Paul L. 13th Ellaville Gillis, Hugh 16th Soperton Gould, James D. 4th Brunswick Hawes, Peyton S. 30th Elberton Henderson, Waldo 5th Rt. 2, Lakeland Hill, Wilton 54th Reidsville Holder, Dr. Frank P., Jr. 48th Eastman Howard, J. Henry 17th Sylvania Howell, Wm. Mobley 9th Blakely Hughes, J. Cliff 32nd Rt. 1, Dawsonville Jackson, George L. 21st Gray Kelley, Asa D., Jr. 10th Albany Kelly, Roy R. 28th Monticello Langdale, John W. 6th Valdosta Mallory, L. A., Jr. 25th Thomaston Mashburn, Dr. Marcus 33rd Cumming McGarity, Edward E. 35th McDonough McLaughlin, Dr. J. T. 3rd Jesup Moss, C. L. 43rd Calhoun Newman, Grover L. 38th Bremen Oxford, Dixon 11th Dawson Paris, James W. 27th Winder Pelham, Glenn 7th Cairo Peters, James S. 36th Manchester Pound, Marvin G., Sr. 20th Sparta Roper, Dr. C. J. 41st Jasper Sammon, Frank Quill, Jr. 34th Lawrenceville Sanders, Carl E. 18th Augusta Stafford, DeNean 47th Tifton Trotter, William P. 37th LaGrange Wheeler, Raymond E. 8th Donalsonville Williams, Charlie L. 51st Warner Robins Williams, F. Everett 49th Statesboro Wilson, Wm. J. 23rd Fort Valley Woodward, Bailey 22nd Jenkinsburg Wright, N. E. 24th Cusseta Young Martin 45th Rebecca Page 3458 MEMBERS OF THE SENATE OF GEORGIA BY DISTRICTS IN NUMERICAL ORDER WITH COUNTIES AND POST OFFICES First DistrictCHATHAM, Effingham RALPH L. CRAWFORD Savannah Second DistrictMcINTOSH, Liberty, Bryan M. EDENFIELD Darien Third DistrictWAYNE, Long, Brantley DR. J. T. McLAUGHLIN Jesup Fourth DistrictGLYNN, Camden, Charlton JAMES D. GOULD Brunswick Fifth DistrictATKINSON, Clinch, Ware WALDO HENDERSON Rt. 2, Lakeland Sixth DistrictLOWNDES, Lanier, Echols JOHN W. LANGDALE Valdosta Seventh DistrictGRADY, Mitchell, Thomas GLENN PELHAM Cairo Eighth DistrictSEMINOLE, Miller, Decatur RAYMOND E. WHEELER Donalsonville Ninth DistrictEARLY, Baker, Calhoun WM. MOBLEY HOWELL Blakely Tenth DistrictDOUGHERTY, Worth, Lee ASA D. KELLEY, JR. Albany Eleventh DistrictTERRELL, Clay, Randolph DIXON OXFORD Dawson Twelfth DistrictSTEWART, Webster, Quitman LEON E. BUTTS, JR. Lumpkin Thirteenth DistrictSCHLEY, Sumter, Macon PAUL L. GILL Ellaville Fourteenth DistrictDOOLY, Pulaski, Bleckley CLINT B. BRANNEN Unadilla Fifteenth DistrictWHEELER, Toombs, Montgomery WALLACE ADAMS Glenwood Sixteenth DistrictTREUTLEN, Emanuel, Laurens HUGH GILLIS Soperton Seventeenth DistrictSCREVEN, Burke, Jenkins J. HENRY HOWARD Sylvania Eighteenth DistrictRICHMOND, Glascock, Jefferson CARL E. SANDERS Augusta Nineteenth DistrictTALIAFERRO, Greene, Warren ARTHUR D. BROWN Sharon Twentieth DistrictHANCOCK, Washington, Baldwin MARVIN G. POUND, SR. Sparta Twenty-First DistrictJONES, Wilkinson, Johnson GEORGE L. JACKSON Gray Twenty-Second DistrictBUTTS, Lamar, Monroe BAILEY WOODWARD Jenkinsburg Twenty-Third DistrictPEACH, Taylor, Crawford WM. J. WILSON Fort Valley Twenty-Fourth DistrictCHATTAHOOCHEE, Marion, Muscogee N. E. WRIGHT Cusseta Twenty-Fifth DistrictUPSON, Talbot, Harris L. A. MALLORY, JR. Thomaston Twenty-Sixth DistrictCLAYTON, Fayette, Spalding E. ALVIN FOSTER Forest Park Twenty-Seventh DistrictBARROW, Oconee, Jackson JAMES W. PARIS Winder Twenty-Eighth DistrictJASPER, Putnam, Morgan ROY R. KELLY Monticello Twenty-Ninth DistrictLINCOLN, McDuffie, Columbia JOHN P. DRINKARD Lincolnton Thirtieth DistrictELBERT, Hart, Madison PEYTON S. HAWES Elberton Thirty-First DistrictHABERSHAM, Franklin, Stephens GLENN W. ELLARD Cornelia Thirty-Second DistrictDAWSON, White, Lumpkin J. CLIFF HUGHES Rt. 1, Dawsonville Thirty-Third DistrictFORSYTH, Banks, Hall DR. MARCUS MASHBURN Cumming Thirty-Fourth DistrictGWINNETT, Rockdale, DeKalb FRANK QUILL SAMMON, JR. Lawrenceville Thirty-Fifth DistrictHENRY, Newton, Walton EDWARD E. McGARITY McDonough Thirty-Sixth DistrictMERIWETHER, Pike, Coweta JAMES S. PETERS Manchester Thirty-Seventh DistrictTROUP, Heard, Carroll WILLIAM P. TROTTER LaGrange Thirty-Eighth DistrictHARALSON, Polk, Paulding GROVER L. NEWMAN Bremen Thirty-Ninth DistrictCOBB, Cherokee, Douglas FRED D. BENTLEY, SR. Marietta Fortieth DistrictUNION, Rabun, Towns DR. H. M. EDGE Blairsville Forty-First DistrictPICKENS, Fannin, Gilmer DR. C. J. ROPER Jasper Forty-Second DistrictCHATTOOGA, Floyd, Bartow BOBBY LEE COOK Summerville Forty-Third DistrictGORDON, Murray, Whitfield C. L. MOSS Calhoun Forty-Fourth DistrictWALKER, Catoosa, Dade ROBERT E. COKER LaFayette Forty-Fifth DistrictBEN HILL, Telfair, Irwin MARTIN YOUNG Rebecca Forty-Sixth DistrictBACON, Coffee, Pierce H. DORSEY DEEN Rt. 4, Alma Forty-Seventh DistrictTIFT, Turner, Colquitt DeNEAN STAFFORD Tifton Forty-Eighth DistrictDODGE, Wilcox, Crisp DR. FRANK P. HOLDER, JR. Eastman Forty-Ninth DistrictBULLOCH, Candler, Evans F. EVERETT WILLIAMS Statesboro Fiftieth DistrictCLARKE, Wilkes, Oglethorpe JULIAN H. COX Athens Fifty-First DistrictHOUSTON, Bibb, Twiggs CHARLIE L. WILLIAMS Warner Robins Fifty-Second DistrictFULTON CHARLIE BROWN Atlanta Fifty-Third DistrictBERRIEN, Cook, Brooks CHARLES GARRETT Rt. 3, Nashville Fifty-Fourth DistrictTATTNALL, Appling, Jeff Davis WILTON HILL Reidsville Page 3461 MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH COUNTIES AND POST OFFICES, FOR THE TERM 1957-1958 Representative County Post Office Adams, W. L. (Roy) Evans Claxton Allen, Francis W. Bulloch Statesboro Bagby, George T. Paulding Dallas Ballard, W. D. Newton Oxford Barber, Mac Jackson Commerce Barrett, Carl Cherokee Holly Springs Baughman, Leon H. Early Cedar Springs Birdsong, Frank G. Troup LaGrange Black, J. Lucius Webster Preston Blalock, D. B. Coweta Newnan Blalock, Edgar Clayton Jonesboro Bodenhamer, Wm. T. Tift Ty Ty Boggs, Harold A. Madison Danielsville Bolton, Arthur K. Spalding Rt. B, Griffin Brackin, J. O. Seminole Sylvania Bradley, Woodrow H. Bartow Cartersville Brennan, Edward T. Chatham Savannah Brooks, Geo. B. Oglethorpe Crawford Brooks Wilson Fulton Atlanta Broome, C. J. Bacon Alma Budd, Roger Lowndes Valdosta Burkhalter, Lyman Tattnall Glennville Busbee, George D. Dougherty Albany Cagle, Olen Pickens Jasper Caldwell, Johnnie L. Upson Thomaston Callier, H. Chris Talbot Talbotton Campbell, Albert Walker LaFayette Campbell, William M. (Bill) Walker Rossville Carlisle, J. Douglas Bibb Macon Carr, Buford W. Dooly Vienna Carswell, Porter W. Burke Waynesboro Carter, William Oscar Hart Hartwell Chambers, R. Lee Richmond Augusta Chastain, Robt. E. Thomas Thomasville Cheatham, Frank S., Jr. Chatham Savannah Cheek, Hugh G. Taylor Butler Cloud, H. Carl Decatur Climax Coalson, Elmer John Polk Rockmart Cocke, Steve M. Terrell Dawson Cowart, J. Martin Calhoun Arlington Craven, S. P. Carroll Rt. 1, Carrollton Crummey, Cecil D. Wilcox Rochelle Dean, William T. (Bill) Rockdale Conyers Denmark, Roscoe Liberty Hinesville Duncan, J. Ebb Carroll Carrollton Echols, Talmage B. Upson Thomaston Elder, D. Mayne Oconee Watkinsville Ellis, S. Thomas Henry McDonough Eyler, Edgar P. Chatham Savannah Fellows, Tom T. Coffee Douglas Floyd, James H. Chattooga Trion Flynt, Wales T. Taliaferro Crawfordville Fordham, Wiley B. Bulloch Statesboro Fowler, A. A., Jr. Douglas Douglasville Fowler, J. Wyman Troutlen Soperton Frazier, Joe Jeff Davis Hazlehurst Freeman, Wm. B. Monroe Forsyth Gowen, Charles L. Glynn Brunswick Green, Paul A. Rabun Clayton Greene, William B. Bartow Cartersville Griffith, Robert L. Baldwin Milledgeville Grimsley, Lonnie H. Cook Adel Gross, Frank L. Stephens Toccoa Gross, Woodrow W. Dade Avans Gunter, Wm. B. Hall Gainesville Hall, H. G. Lee Rt. 2, Leesburg Hall, J. Battle Floyd Rome Hardaway, Guy W. Meriwether Manchester Harper, W. L. Gilmer Ellijay Harrison, G. R. Franklin Carnesville Hawkins, W. Colbert Screven Sylvania Helms, Jack Jeffrey Atkinson Pearson Henderson, G. B., Jr. Irwin Ocilla Hendrix, George W. Long Ludowici Hill, Robert A. Wheeler Alamo Hodges, Ben A. Ware Waycross Hodges, B. Harvey Butts Jackson Hogan, Rubert L. Laurens Dudley Holcombe, Eugene W. Cobb Marietta Holley, William W. Richmond Augusta Holloway, A. W. Dougherty Albany Huddleston, Grady L. Fayette Fayetteville Hurst, Joe J. Quitman Georgetown Ingle, Buford A. Gordon Resaca Irvin, Thomas T. Habersham Rt. 1, Mt. Airy Jessup, Ben Bleckley Cochran Johnson, Marion Merrill Jenkins Millen Jones, Clarence C. Wayne Jesup Jones, David C. Worth Sylvester Jones, Fred C., Jr. Lumpkin Dahlonega Jones, K. E. (Kent) Baker Newton Jones, Paul J., Jr. Laurens Dublin Jones, Thad M. Sumter Plains Jones, W. T. Crawford Roberta Kelley, R. H. Dawson Dawsonville Kennedy, T. E., Jr. Turner Ashburn Key, Wm. Hicks Jasper Monticello Kidd, E. Culver Baldwin Milledgeville Killian, William R. Glynn Brunswick Kimmons, W. H. Pierce Blackshear King, Joe N. Chattahoochee Cusseta Lam, C. O. Troup Hogansville Lancaster, U. S. Jones Rt. 1, Gray Land, A. T. Wilkinson Allentown Lanier, William L. (Bill) Candler Metter Larkins, J. Floyd Brantley Hoboken Lee, William J. (Bill) Clayton Rt. 1, Forest Park Lindsey, Frank P., Jr. Spalding Griffin Lokey, Leonard N. McDuffie Thomson Long, Fred F. Murray Chatsworth Lott, H. W. Berrien Nashville Love, John W., Jr. Catoosa Ringgold Mackay, James A. DeKalb Decatur Martin, Tom Banks Rt. 1, Homer Matthews, Chappelle Clarke Athens McClelland, Ralph Fulton Atlanta McCracken, J. Roy Jefferson Avera McGibony, T. Hamp Greene Greensboro McKenna, Andrew W. Bibb Macon McWhorter, W. Hugh DeKalb Decatur Miles, Bernard F. Richmond Augusta Miller, Jerre Chappell, Jr. Twiggs Jeffersonville Miller, Dr. J. H. Elbert Elberton Moate, Marvin E. Hancock Sparta Mobley, T. Watson Burke Girard Moorman, Warren S. Lanier Lakeland Morris, Leonard Tift Rt. 5, Tifton Moss, Tom W., Jr. Gwinnett Buford Mull, Reid Fannin Blue Ridge Murphy, Harold L. Haralson Buchanan Murr, Jack Sumter Americus Musgrove, Downing Clinch Homerville Neese, J. P. Clay Fort Gaines Newton, David L. Colquitt Rt. 2, Norman Park Nichols, Doyle W. Towns Hiawassee Nilan, John Muscogee Columbus Odom, John D. Camden Kingsland Orr, Wilbur A., Jr. Wilkes Washington Overby, Howard T. Hall Gainesville Palmer, Tom C., Jr. Mitchell Pelham Parker, E. L. Pike Meansville Parker, Thomas A. Ware Waycross Parker, W. C. Bill Appling Baxley Payton, Henry N. Coweta Newnan Pelham, B. E. Schley Ellaville Perkins, Roy Grady Cairo Perry, Eldridge W. Marion Buena Vista Peters, Hoke S. Meriwether Manchester Pettey, Pete Pulaski Hawkinsville Phillips, Glenn S. Columbia Harlem Phillips, John Lee Walton Monroe Pickard, A. Mac Muscogee Columbus Pickett, John P. Polk Cedartown Ramsey, H. N., Sr. Effingham Springfield Raulerson, Louis T. Echols Haylow Ray, Jack B. Warren Norwood Reed, Raymond M. Cobb Smyrna Roberts, Reggie E. Coffee Douglas Rodgers, H. Ben Charlton Folkston Rogers, J. Artie Heard Franklin Ross, Ben B. Lincoln Lincolnton Roughton, Harvey Washington Sandersville Rowland, Emory L. Johnson Wrightsville Russell, Robert L. Barrow Winder Rutland, Guy W., Jr. DeKalb Decatur Scoggin, Robert L. (Bob) Floyd Rome Sheffield, John E., Jr. Brooks Quitman Short, H. Jack Colquitt Doerun Singer, Sam S. Stewart Lumpkin Sivell, W. Durand Harris Chipley Smith, A. C. Forsyth Cumming Smith, George L., II Emanuel Swainsboro Smith, J. R. Lamar Barnesville Smith, M. M. (Muggsy) Fulton Atlanta Smith, Virgil T. Whitfield Dalton Smith, W. K., M. D. Bryan Pembroke Souter, J. Lester Macon Montezuma Stephens, Robert G., Jr. Clarke Athens Stewart, A. L. Ben Hill Fitzgerald Story, Earl P. Gwinnett Lawrenceville Summers, Marvin L. Crisp Rt. 2, Cordele Tabb, Buck Miller Colquitt Tamplin, Howard Morgan Madison Tarpley, Jack G. Union Blairsville Taylor, John L. Decatur Attapulgus Todd, W. G. Glascock Gibson Truelove, Franklin F. White Cleveland Twitty, Frank S. Mitchell Camilla Underwood, Joe C. Montgomery Mount Vernon Veal, Dallas Putnam Eatonton Walker, Fred H. Lowndes Valdosta Walker, Jim C. Telfair McRae Watson, R. Herman Houston Warner Robins Weems, Paul B. Chattooga Summerville Wells, D. Warner Peach Fort Valley White, Daniel H. McIntosh Darien Willingham, Harold S. Cobb Marietta Willis, O. S. (Stewart) Thomas Coolidge Wilson, Edgar H. Bibb Macon Winkle, Homer E. Whitfield Dalton Wooten, J. Mercer Randolph Shellman Wright, Barry, Jr. Floyd Rome Wright, R. T. (Bob) Dodge Eastman Yandle, Hoyle R. Toombs Lyons Young, J. Gordon Muscogee Columbus Page 3467 MEMBERS OF THE GEORGIA HOUSE OF REPRESENTATIVES BY COUNTIES AND POST OFFICES FOR THE TERM 1957-1958 County Representative Post Office Appling W. C. Bill Parker Baxley Atkinson Jack Jeffrey Helms Pearson Bacon C. J. Broome Alma Baker K. E. (Kent) Jones Newton Baldwin Robert L. Griffith Milledgeville Baldwin E. Culver Kidd Milledgeville Banks Tom Martin Rt. 1, Homer Barrow Robert L. Russell Winder Bartow Woodrow H. Bradley Cartersville Bartow William B. Greene Cartersville Ben Hill A. L. Stewart Fitzgerald Berrien H. W. Lott Nashville Bibb J. Douglas Carlisle Macon Bibb Andrew W. McKenna Macon Bibb Edgar H. Wilson Macon Bleckley Ben Jessup Cochran Brantley J. Floyd Larkins Hoboken Brooks John E. Sheffield, Jr. Quitman Bryan W. K. Smith, M. D. Pembroke Bulloch Francis W. Allen Statesboro Bulloch Wiley B. Fordham Statesboro Burke Porter W. Carswell Waynesboro Burke T. Watson Mobley Girard Butts B. Harvey Hodges Jackson Calhoun J. Martin Cowart Arlington Camden John D. Odom Kingsland Candler William L. (Bill) Lanier Metter Carroll S. P. Craven Rt. 1, Carrollton Carroll J. Ebb Duncan Carrollton Catoosa John W. Love, Jr. Ringgold Charlton H. Ben Rodgers Folkston Chatham Edward T. Brennan Savannah Chatham Frank S. Cheatham, Jr. Savannah Chatham Edgar P. Eyler Savannah Chattahoochee Joe N. King Cusseta Chattooga James H. Floyd Trion Chattooga Paul B. Weems Summerville Cherokee Carl Barrett Holly Springs Clarke Chappelle Matthews Athens Clarke Robert G. Stephens, Jr. Athens Clay J. P. Neese Fort Gaines Clayton Edgar Blalock Jonesboro Clayton William J. (Bill) Lee Rt. 1, Forest Park Clinch Downing Musgrove Homerville Cobb Eugene W. Holcombe Marietta Cobb Raymond M. Reed Smyrna Cobb Harold S. Willingham Marietta Coffee Tom T. Fellows Douglas Coffee Reggie E. Roberts Douglas Colquitt David L. Newton Rt. 2, Norman Park Colquitt H. Jack Short Doerun Columbia Glenn S. Phillips Harlem Cook Lonnie H. Grimsley Adel Coweta D. B. Blalock Newnan Coweta Henry N. Payton Newnan Crawford W. T. Jones Roberta Crisp Marvin L. Summers Rt. 2, Cordele Dade Woodrow W. Gross Avans Dawson R. H. Kelley Dawsonville Decatur H. Carl Cloud Climax Decatur John L. Taylor Attapulgus DeKalb James A. Mackay Decatur DeKalb W. Hugh McWhorter Decatur DeKalb Guy W. Rutland, Jr. Decatur Dodge R. T. (Bob) Wright Eastman Dooly Buford W. Carr Vienna Dougherty George D. Busbee Albany Dougherty A. W. Holloway Albany Douglas A. A. Fowler, Jr. Douglasville Early Leon H. Baughman Cedar Springs Echols Louis T. Raulerson Haylow Effingham H. N. Ramsey, Sr. Springfield Elbert Dr. J. H. Miller Elberton Emanuel George L. Smith, II Swainsboro Evans W. L. (Roy) Adams Claxton Fannin Reid Mull Blue Ridge Fayette Grady L. Huddleston Fayetteville Floyd J. Battle Hall Rome Floyd Robert L. (Bob) Scoggin Rome Floyd Barry Wright, Jr. Rome Forsyth A. C. Smith Cumming Franklin G. R. Harrison Carnesville Fulton Wilson Brooks Atlanta Fulton Ralph McClelland Atlanta Fulton M. M. (Muggsy) Smith Atlanta Gilmer W. L. Harper Ellijay Glascock W. G. Todd Gibson Glynn Charles L. Gowen Brunswick Glynn William R. Killian Brunswick Gordon Buford A. Ingle Resaca Grady Roy Perkins Cairo Greene T. Hamp McGibony Greensboro Gwinnett Tom W. Moss, Jr. Buford Gwinnett Earl P. Story Lawrenceville Habersham Thomas T. Irvin Rt. 1, Mt. Airy Hall Wm. B. Gunter Gainesville Hall Howard T. Overby Gainesville Hancock Marvin E. Moate Sparta Haralson Harold L. Murphy Buchanan Harris W. Durand Sivell Chipley Hart William Oscar Carter Hartwell Heard J. Artie Rogers Franklin Henry S. Thomas Ellis McDonough Houston R. Herman Watson Warner Robins Irwin G. B. Henderson, Jr. Ocilla Jackson Mac Barber Commerce Jasper Wm. Hicks Key Monticello Jeff Davis Joe Frazier Hazlehurst Jefferson J. Roy McCracken Avera Jenkins Marion Merrill Johnson Millen Johnson Emory L. Rowland Wrightsville Jones U. S. Lancaster Rt. 1, Gray Lamar J. R. Smith Barnesville Lanier Warren S. Moorman Lakeland Laurens Rubert L. Hogan Dudley Laurens Paul J. Jones, Jr. Dublin Lee H. G. Hall Rt. 2, Leesburg Liberty Roscoe Denmark Hinesville Lincoln Ben B. Ross Lincolnton Long George W. Hendrix Ludowici Lowndes Roger Budd Valdosta Lowndes Fred H. Walker Valdosta Lumpkin Fred C. Jones, Jr. Dahlonega Macon J. Lester Souter Montezuma Madison Harold A. Boggs Danielsville Marion Eldridge W. Perry Buena Vista McDuffie Leonard N. Lokey Thomson McIntosh Daniel H. White Darien Meriwether Guy W. Hardaway Manchester Meriwether Hoke S. Peters Manchester Miller Buck Tabb Colquitt Mitchell Tom C. Palmer, Jr. Pelham Mitchell Frank S. Twitty Camilla Monroe Wm. B. Freeman Forsyth Montgomery Joe C. Underwood Mount Vernon Morgan Howard Tamplin Madison Murray Fred F. Long Chatsworth Muscogee John Nilan Columbus Muscogee A. Mac Pickard Columbus Muscogee J. Gordon Young Columbus Newton W. D. Ballard Oxford Oconee D. Mayne Elder Watkinsville Oglethorpe Geo. B. Brooks Crawford Paulding George T. Bagby Dallas Peach D. Warner Wells Fort Valley Pickens Olen Cagle Jasper Pierce W. H. Kimmons Blackshear Pike E. L. Parker Meansville Polk Elmer John Coalson Rockmart Polk John P. Pickett Cedartown Pulaski Pete Pettey Hawkinsville Putnam Dallas Veal Eatonton Quitman Joe J. Hurst Georgetown Rabun Paul A. Green Clayton Randolph J. Mercer Wooten Shellman Richmond R. Lee Chambers Augusta Richmond William W. Holley Augusta Richmond Bernard F. Miles Augusta Rockdale William T. (Bill) Dean Conyers Schley B. E. Pelham Ellaville Screven W. Colbert Hawkins Sylvania Seminole J. O. Brackin Rt. 1, Iron City Spalding Arthur K. Bolton Rt. B, 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 Lyman Burkhalter Glennville Taylor Hugh G. Cheek Butler Telfair Jim C. Walker McRae Terrell Steve M. Cocke Dawson Thomas Robt. E. Chastain Thomasville Thomas O. S. (Stewart) Willis Coolidge Tift Wm. T. Bodenhamer Ty Ty Tift Leonard Morris Rt. 5, Tifton Toombs Hoyle R. Yandle Lyons Towns Doyle W. Nichols Hiawassee Treutlen J. Wyman Fowler Soperton Troup Frank G. Birdsong LaGrange Troup C. O. Lam Hogansville Turner T. E. Kennedy, Jr. Ashburn Twiggs Jerre Chappell Miller, Jr. Jeffersonville Union Jack G. Tarpley Blairsville Upson Johnnie L. Caldwell Thomaston Upson Talmage B. Echols Thomaston Walker Albert Campbell LaFayette Walker William M. (Bill) Campbell Rossville Walton John Lee Phillips Monroe Ware Ben A. Hodges Waycross Ware Thomas A. Parker Waycross Warren Jack B. Ray Norwood Washington Harvey Roughton Sandersville Wayne Clarence C. Jones Jesup Webster J. Lucius Black Preston Wheeler Robert A. Hill Alamo White Franklin F. Truelove Cleveland Whitfield Virgil T. Smith Dalton Whitfield Homer E. Winkle Dalton Wilcox Cecil D. Crummey Rochelle Wilkes Wilbur A. Orr, Jr. Washington Wilkinson A. T. Land Allentown Worth David C. Jones Sylvester Page 3473 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